Pubdate: Fri, 18 Oct 2013
Source: Denver Post (CO)
Copyright: 2013 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Jordan Steffen

JUDGE REVERSES JURY, ACQUITS POT ACTIVIST

Robert Corry Initially Was Found Guilty of Property Destruction.

Marijuana activist and attorney Robert J. Corry was acquitted of 
destroying private property, after a Denver County judge made a rare 
ruling to overturn the jury's guilty verdict minutes after it was read.

Corry, a prominent marijuana attorney who helped distribute free 
joints in Civic Center last month, was arrested in June after he 
allegedly smashed in the window of a recreational vehicle near South 
Beeler Street and East Jefferson Avenue. The 46-year-oldwas arrested 
on suspicion of felony menacing and criminal mischief but eventually 
was charged with lesser counts of destruction of private property and 
disturbing the peace, according to court records.

During a one-day jury trial on Tuesday, the owner of the RV testified 
that he did not see the incident and thought it was an accident, said 
Corry's attorney, Gregory Robinson.

According to the police report, Corry was loud and riding a 
motorcycle when he allegedly smashed the window.

Before the jury began deliberating, prosecutors withdrew the count of 
disturbing the peace, meaning that jurors were deliberating only the 
destruction-of-private-property charge. The Denver City Attorney's 
office prosecuted the case.

Shortly after the jury received the case, they returned with a guilty verdict.

But Denver County Judge Raymond Satter then granted a motion from 
Robinson to overturn the verdict and acquit Corry of the charge. 
Satter explained that there was not enough evidence to sustain the 
conviction, Robinson said.

"It was the right decision by the judge," Robinson said. "It's not 
about gut feelings. It's about applying the facts of the lawto the case."

A request by defense attorneys to acquit their client after a guilty 
verdict is reached is routine in criminal cases, but the decision to 
allow it is extremely rare, said Aya Gruber, a law professor at the 
University of Colorado.

Defense attorneys have three opportunities during a trial to argue 
there is not enough evidence to support charges and move to have them 
dismissed. The first opportunity is after prosecutors present their 
evidence, the second is after all the evidence has been shown to the 
jury, and the last chance is after the jury reads its verdict, Gruber said.

Judges seldom allow cases they feel lack evidence to be deliberated by a jury.

"Basically, what the judge is saying is that the jury misapprehended 
the facts of the law in coming to this conviction because it just 
wasn't supported by the evidence," Gruber said.

Corry will return to Denver County Court later this month for a 
hearing in a different case. Corry faces charges of public 
consumption of marijuana and disobedience to a lawful order in 
connected to his arrest at Coors Field last month.
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