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``If you let sympathy cloud your common sense and if you let sympathy sway you away from a lawful verdict, then justice will have been left on the floor of the jury room,'' Browning said."

Contrary to popular belief, the above statement is a blatant lie

Updates Day One Tue, 27 Jul 1999 Day Two Wed, 28 Jul 1999 Summary Background Countdown to Tacl trial plus new information Joe Tacl's Testimony A word from Joe's doctors - RX and Physician's statement (Compasionate Use) For the latest info and discussion, Join DPFFL discussion list News Articles ‘Medical’ Pot User Convicted - Gainsville Sun July 30th 1999 Defense Tries Medical-Need Claim For Marijuana Possession - Naples Daily News (FL) Wed, 28 Jul 1999 Marijuana is again on trial - Gainsville Sun July 26th 1999 Trial To Highlight Use Of Marijuana For Medical Purposes - Tallahassee, Fla. (AP) Sat, 24 Jul 1999 Family rallies for medicinal pot use - Gainesville Sun April 8th 1999 Related stories One Man’s Journey for Justice is Nearly Over: Acquittal In Marijuana Case - Gainesville Sun May 29th Stakes high in man's marijuana case - St. Petersburg Times, July 26, 1999 Steve Kubby - Libertarian canidate for CA Governor/MMJ pt on trial

(Largo FL)--Report just in from Bronson tells me that Joe Tacl and his son Michael have been judged guilty on all three counts--cultivation, possession of over 20grams--(it was 40grams)and drug paraphenelia.

Obviously the case will be appealed due to the successful MMJ ruling handed down by Florida Supreme Court last month on a similar case in the same county.

Flags at the bar 'n grill are flying at below half mast :-(

We await sentencing info and full details of Thursday trial coverage, to be forwarded ASAP...

A saddened Steve in Largo FL

Response

From: Richard Lake 
Subject: Re: MAP: JURY RETURNS GUILTY VERDICT ON ALL CHARGES IN TACL CASE

My heart goes out to all of you! As I just sent you in a private note, I know how easy it is to hope and believe in success.

I hope folks understood that this outcome was more likely than not. However, shining the light on these cases, by your demonstrations and thru the media, is an important part of the process of making change. And the results may still be overturned on appeal.

As someone who has been at this for 30 years, I understand how easy it is to come to believe that a court case will be successful just because it makes common sense. I was upset, as were hundreds who showed up for the trial with me, when, after spending $35,000 bringing in the world's experts to testify, the judge agreed with the position that marijuana should not be a crime, but said it was not for him to change the law. Therefore guilty.

Richard

p.s. Can you pass this to the DPFFL list for me, Steve.

The following is the AP story just posted to the news service:

Pubdate: Thu, 29 Jul 1999 Source: Associated Press Copyright: 1999 Associated Press Author: David Royse, Associated Press Writer

JURY FINDS MAN USING MEDICAL MARIJUANA DEFENSE GUILTY

BRONSON, Fla. -- (AP) -- A jury Thursday rejected a man's claim that he needs marijuana to cope with the side effects of potent painkillers and convicted him on marijuana possession charges.

Joe Tacl, 46, acknowledged smoking marijuana. But his lawyers argued the prohibition against the drug in this case should be ignored. Marijuana was the only thing he found that eased the nausea caused by painkillers he took for his severely damaged back.

On his way out to the courtroom Tacl said he wanted to leave the country.

``I'm not going to live in Nazi Germany,'' he said. ``I'm very angry.''

In their closing argument to jurors, prosecutors Tim Browning and John Wentzlaff argued that regardless of Tacl's pain, the law was broken.

``If you let sympathy cloud your common sense and if you let sympathy sway you away from a lawful verdict, then justice will have been left on the floor of the jury room,'' Browning said.

The case was one of the first to go to a jury in a felony marijuana possession case in Florida since the state Supreme Court in June effectively said defendants were free to use the medical necessity defense for marijuana possession.

The jury took less than two hours to find Tacl and his 20-year-old son, Michael, guilty of growing marijuana on their property, having the drug in their possession at their house and misdemeanor charges of possessing drug paraphernalia.

Sentencing for both was set for Sept. 1. Defense attorney Gary Wainwright said the case will be appealed.

Tacl lives with his wife, Anne, and his son in this rural area west of Gainesville.

The prosecution said Tacl didn't exhaust every legal possibility to try to ease his pain and nausea before deciding on marijuana, citing several legal drugs that he had never taken.

Prosecutors didn't produce any expert witnesses to testify that medical use of marijuana for Tacl's symptoms is not legitimate. ``I guess they couldn't find one,'' Wainwright said.

Tacl's doctor had testified that he has had to take powerful painkillers, including methadone, morphine, and fentinil -- a narcotic so potent it can only be delivered through a patch on the skin in small doses.

Tacl claimed he had near-constant back pain since being run over by a van six years ago. He had back surgery that left him with four 8-inch titanium rods in his back, held there by metal screws.

A pharmacologist testified during the trial that scientific tests have shown that claims of marijuana easing nausea were valid. He also testified that marijuana was relatively harmless -- at least compared to the legal prescription painkillers Tacl was taking.

Michael Tacl was not allowed to use the medical need defense. His attorneys argued that the state didn't prove that the son ever smoked pot or that any of it was his.

But Wainwright attacked a system in which family members might be prosecuted along with medical marijuana users because they live in the same house.

Wainwright said that police were using that as a tactic, saying to medical marijuana users, ``If you can get off, we're going to get your family.''

Six states allow marijuana possession for certain people who can document a medical need.

Florida isn't one of them, although supporters of the idea are collecting signatures to get the issue on the 2000 ballot.

The drug is still illegal under federal law, so even in the six states allowing medical marijuana people could face federal prosecution.

The trial drew the attention of several activists who favor legalization of marijuana for medical purposes. Many attended the trial, while others camped on the courthouse lawn and offered literature about medical marijuana to passersby.

During closing arguments, Browning urged jurors to focus on the alleged crime at hand.

``Despite the appearances, this is a jury trial,'' Browning said. ``It is not a political platform for the legalization of marijuana.... A criminal trial is not a soapbox to espouse a political or social agenda.