There was little question about whether Robert ‘Bob’ Constantine actually grew marijuana on his property in rural Grafton, but the jurors failed to reach a verdict on the felony charge of manufacturing a ‘controlled substance’.
They opted instead for a lesser misdemeanor conviction. A full acquittal would have been best, of course, but considering the possible outcome, Bob and his friends consider it more of a lesser victory than a lesser defeat.
Bob represented himself, with a public defender at his side, appealing directly to the jurors, always forthright in his communication, always even keeled, and speaking from the heart.
His closing argument included a detailed explanation of the rights and responsibilities of jurors, such as:
- Jurors are free to vote based on their conscience, and are the conscience of the community; they can vote not guilty if they feel the law is unjust, unfair, oppressive, or otherwise unacceptable;
- Jurors do not have to come to a unanimous decision; any number of jurors who have reached a firm decision do not have to go with the majority, rather, they can hang the jury for retrial, or
- Jurors can choose to convict for a lesser offence and/or a lesser punishment.
In Bob’s case, all three of the above saved him from a felony conviction. Instead, he will be serving 60 days in jail, paying a $1000 fine, and be subjected to probation.