Pubdate: Thu, 27 Jun 2002
Source: Sacramento Bee (CA)
Copyright: 2002 The Sacramento Bee
Contact:  http://www.sacbee.com/
Details: http://www.mapinc.org/media/376
Author: Denny Walsh, Bee Staff Writer

JURY IS CHOSEN IN TESTY POT TRIAL

Potential Members Are Shuttled To Court To Prevent Exposure To Demonstrators.

Sparks continued to fly Wednesday over whether marijuana defendant Bryan 
James Epis is tampering with his trial jury through street advocacy by 
demonstrators outside Sacramento's federal courthouse.

A jury of eight women and four men was finally selected after a daylong 
process, but prosecutors claim that, unless extraordinary measures are 
employed, the panel will be tainted by demonstrators' signs decrying the 
10-year minimum prison term Epis faces if convicted.

Other signs displayed by activists on the sidewalk across Fifth Street from 
the courthouse target what is described as federal "trampling" of medical 
marijuana laws and states' rights.

The trial has erupted into a battle between advocates of California's 
initiative-driven law allowing medical use of marijuana on a doctor's 
recommendation and officials who enforce the federal ban on pot for any 
purpose.

Epis, 35, was a founder of and supplier for Chico Medical Marijuana 
Caregivers. He is charged with conspiring to manufacture at least 1,000 
plants and manufacturing at least 100 plants -- all within 1,000 feet of 
Chico Senior High School.

Epis claims he never profited from pot and only provided it to seriously 
ill patients who had a doctor's recommendation.

His is the first federal criminal case involving a cannabis buyers' club to 
go to trial. But U.S. District Judge Frank C. Damrell Jr. has ruled that, 
in conformance with a recent U.S. Supreme Court opinion, Epis will not be 
able to present medical-necessity evidence.

Assistant U.S. Attorney Samuel Wong scoffs at Epis' health-care 
contentions, saying Epis was growing marijuana before the 1996 California 
initiative and aspired to reap huge profits as a major distributor.

After the jury was dismissed Wednesday, Wong called on Damrell to "put an 
end" to the signs noting the potential sentence. Both Wong and Assistant 
U.S. Attorney Kenneth Melikian argued that sentencing is not an issue for 
the jury, only guilt or innocence, and it is illegal to expose the panel to 
the subject.

Melikian cited a statute that makes it a crime to "impede the 
administration of justice" by attempting to influence jurors, and insisted: 
"It is almost impossible not to see these signs if you're walking up to the 
courthouse."

Damrell said he would have jurors meet where they park and would have them 
brought to the building in a van.

What irked Damrell the most was the prosecutors' news of a message posted 
on Epis' Web site after a confrontation between the judge and defense 
attorney J. Tony Serra over Epis' role, if any, in Monday's dissemination 
of literature about the case to prospective jurors as they entered the 
courthouse. Damrell disqualified all 42 of those prospective jurors after 
determining that Epis had handed some a statement and a pamphlet advising 
them of their rights and options as jurors.

The judge also ordered an investigation of whether Epis was involved in the 
literature's dissemination and scheduled a post-trial hearing on the matter.

Melikian and Wong produced an Epis Internet message requesting that 
demonstrators not hand out the literature on Wednesday -- when a new group 
of would-be jurors would arrive -- and asking demonstrators to conduct 
themselves in a "respectful" manner. The message went on to say, however, 
that there would be picketing Wednesday and "picket signs will be available."

Damrell stopped short of issuing a formal order regarding the signs, but 
told Serra and Epis he would hold them both accountable if the jury was 
tainted by continued demonstrations.

"It appears your client has a lot to do with what's going on outside the 
courthouse," the judge told Serra. "Do you think he could have them knock 
off the signs while he's giving orders?"

Serra responded that Epis was simply trying to clarify Damrell's directives 
on Monday.

To avoid a repeat of Monday's problems, Damrell had the 66 new prospective 
jurors report Wednesday morning to an undisclosed location, from which they 
were shuttled to and from the courthouse.

When Serra learned of that, he objected vigorously to the judge, saying the 
action was taken without his knowledge and that it suggested the jurors 
were somehow at risk in connection with the case.

"It's unprecedented and, in the wake of the Sept. 11 terrorist attacks, it 
creates an unacceptable environment of tension and fear," Serra argued. He 
unsuccessfully asked that Damrell again disqualify the panel.

For his part, Wong attacked an article in The Bee on Tuesday about Monday's 
events as containing "a number of factual inaccuracies" and being "negative 
to the government," and he asked the judge to issue a gag order against the 
parties and attorneys that would prevent them from communicating with 
reporters.

At the end of the day, Damrell said he doesn't believe "there has been 
enough of a showing to impose a gag order, at least not at this time."

Opening statements by the attorneys are scheduled for today.
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