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SF jury acquits medi cannabis provider in hand-to-hand sale to undercover cop |
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Written by Chris Conrad
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Thursday, 16 November 2006 |
After juror hung first trial, Nurse Tom admitted error in trusting drug agent
In the closely watched retrial of Tom “the Nurse” Juzbasic, a San Francisco jury handed a full acquittal to the local cannabis provider after seeing financial records and hearing testimony of a hand-to-hand sale of a quarter ounce of processed bud to an undercover drug agent.
The “not guilty” verdict was a major turnaround from the first trial, where an unapologetic Juzbasic defended his actions. When that case went to the jury, there was a strong impulse among jurors to convict on both counts, cannabis sales and possession with intent to distribute.
One juror, identified as Larry Duncan, hung that jury when he refused to convict or to deliberate the issues, then declined to comment further on the case. A juror cannot be punished for refusing to convict a defendant, a process referred to as “jury nullification.”
A juror cannot be punished for refusing to convict a defendant, a process referred to as “jury nullification.” 
This tactic historically has been used to block the application of unfair laws, such as alcohol prohibition, runaway slaves and draft resistors. It was most recently reaffirmed in the Ed Rosenthal case (see related article).
At his first trial, the cannabis provider, a licensed vocational nurse who acknowledged having a medical marijuana delivery service to patients but argued that he was acting in a standard that is common among providers — trusting clients implicitly. Juzbasic said that the right to doctor/ patient confidentiality had prevented him from pursuing a full verification.
The Juzbasic defense took a different tact in the second proceeding. This time around, the contrite nurse admitted that he had made a mistake by presuming that the plainclothes drug agent was a qualified patient, and that he should have insisted upon proper identification. The jury considered it understandable that a cannabis provider may occasionally make an honest mistake without intending to break the law. Jurors returned with the unanimous “not guilty” verdict in less than two hours.
Deputy Public Defender Mel Santos represented Juzbasic in both trials. “After a three and a half long years of justice delayed,” said Clark Sullivan of Hemp Evolution.org, “Tom’s acquittal by a jury of his peers sends the clear message that law enforcement shenanigans will not be tolerated by San Francisco juries.”
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Chris Conrad |
| About the author: |
| Staunch supporter of Oaksterdam News
Chris Conrad has studied cannabis (marijuana) since 1988. He has written two books on the topic and contributed to others. Familiar with numerous books and at least 100 scientific studies, such as federal Drug Enforcement Administration (DEA) and National Institute on Drug Abuse data. Reported on cannabis dispensaries for California legislators. Consults with government agencies. Testified at National Academy of Science, Institute of Medicine hearings. Regularly consults with physicians including some of the world’s foremost authorities on cannabis and patients as to their knowledge and experiences regarding cannabis.
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Last Updated ( Friday, 17 November 2006 )
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