Quad-City cancer patient Benton Mackenzie was rushed by paramedics Monday from the Scott County Courthouse, where he is on trial for growing marijuana, to a local hospital.

He was admitted to Trinity Bettendorf so doctors can treat him for anemia and other symptoms, his family says.

Meanwhile, Scott County District Judge Henry Latham dismissed jurors early and asked them to return Tuesday morning in case Mackenzie is well enough to be back in court for the trial, which also involves his wife and son.

The trial of the three was in its fifth day Monday. After the prosecutor rested his case last week, the Mackenzies' legal team was expected to begin theirs Monday morning.

Benton Mackenzie has said he wants to take the stand in his defense, even though a judge's ruling won't allow him to tell jurors he grew marijuana in order to treat his terminal cancer. The 48-year-old suffers angiosarcoma and shared his story with the Quad-City Times in September.

His family said his health took a "turn for the worse" over the weekend, and Monday morning, Mackenzie appeared in court lying down on a courtroom bench wrapped in a blanket, complaining of hallucinations and feeling excruciating pain.

The jury never entered the courtroom Monday. The judge said he didn't want jurors to see Mackenzie in this state.

"I am not going to have a jury come in and see Mr. Mackenzie laying on the front pew of the courtroom," Latham said.

His family decided he needed emergency medical attention. Shortly after 11 a.m., paramedics arrived at the courthouse and took Mackenzie to the hospital.

"I hope his attending physicians are aware he is presently on trial and his presence is needed at the trial," Latham said after reconvening with attorneys and the co-defendants.

About 1 p.m., after speaking with emergency room physicians, Loretta Mackenzie said her husband is "too unstable to return to court today."

About 1:30 p.m., defense attorney Joel Walker handed a doctor's note to Latham. He said doctors discovered that Mackenzie's potassium and hemoglobin levels were low and that he was expected to undergo a four-hour blood transfusion later in the day to improve those levels.

Doctors were expected to monitor potassium and hemoglobin levels overnight and decide by Tuesday morning whether to discharge Mackenzie, his family said.

Walker said he hopes to know by Tuesday morning whether Mackenzie can return to the courthouse. If not, Walker may consider a motion for a mistrial.

Latham said that if a mistrial is declared for Benton Mackenzie, the cases against Loretta Mackenzie and their son, Cody, likely will continue.

The couple is being tried in a conspiracy to grow marijuana at their Long Grove home after Scott County Sheriff's deputies seized 71 plants last summer. Deputies say they also found marijuana in Cody Mackenzie's bedroom, and the 22-year-old is being charged with misdemeanor possession.

Deputies testified last week the plants were found in a recreational vehicle next to the house that is registered to the mother of Stephen Bloomer, 49, of Davenport, a longtime friend of Benton Mackenzie.

Bloomer pleaded guilty to a Class D felony drug charge at the start of the trial. The prosecutor did not call him to testify.

Benton Mackenzie said he needed the plants to create enough cannabis oil to treat his cancer. He said his wife did not take part in the growing of marijuana.

Loretta Mackenzie spoke of the stress she felt as Monday's events unfolded.

"I'm a little unsure what's going to happen today," she said after returning to court from the hospital. "I'm not even thinking how this trial might proceed. I'm totally thinking about Ben."

(100) comments

Legalizeandtax

This whole trial physically makes me sick. Prosecuting a dying man serves what purpose? Have you seen the pictures of his tumors on the free Benton Mackenzie facebook page? He is not faking this illness and if oil helps him he should not be denied this natural remedy. I would love to move to Colorado but that would mean leaving my family behind. IOWA YOU MAKE ME SICK.

jc39wi
jc39wi

To: aequitas,
Your quote: "His alleged intentions for the use don't matter according to the law, so that information is irrelevant." is wholly untrue. The alleged intentions is part of the "conspiracy" in this crime. The conspiracy to sell the drugs is implied in the law, but that reason for growing the drugs in this case is not accurate, and misleading.

To: Banned in the QCA,
Your quote: " Your arguments are not valid. They broke the law, the reason does not matter on a court of law." is also untrue. Think about self defense, you're still breaking the law, but it does matter in court.

As for not finding the oil in the raid, it's because the police aren't looking for people growing for medical use, they're looking for drug dealers and aren't trained to look at much else. The bong by itself is not incriminating, but with pot on the property it is. The problem with the justice system is the adversarial roles. The prosecution only looks at what will convict, not at what doesn't. I'm sure the bong could be tested for recent use or not. Or that the oil could tested to show that it came from the plants on the property.

I believe that our criminal justice system is so hung up on drugs that it has lost sight on other major crimes and make criminals out of ordinary citizens. The legislators should be ashamed of their inactions on the use of marijuana in medicine. The lives of people that can greatly benefit for it don't justify the laws.

I believe that the court room should be a place of light not darkness. Understanding someone's motive to commit a crime is just as important as the fact that they committed the crime. Misleading a jury with denial of this man's defense is absurd and I hope the state looses on appeal. But there is a shred of hope that they'll be acquitted.

As for the Iowans who live in this district and feel this man and his family are being wronged here, I suggest you voice your opinion at the ballot box when this judge and district attorney are up for re-election. Make your voices heard!

aequitas
aequitas

The conspiracy relates to the coordinated growing operation among them. Even if it was all for personal use, it's still illegal to grow and possess marijuana. The prosecution dropped the intent to deliver, which is the component related to selling. That's why the purpose is irrelevant.

TRUTHOR13

Aequitas / since when do you support conspiracy theories ? Obviously there were those (judge, officers of the court, lawyers, clerks) who conspired to stack the jury pool AND ensure their outcome with "Directives" aka "Instructions" that lead to the guilty verdict. I know from my experiences and education and observations that the jury was NOT a jury of the MacKenzie's peers and worse, they were NOT Informed or Instructed on their right to JURY NULLIFICATION. This is how the "judge" manipulates information, tampers with the jury, deprives the defendants of a Fair and Impartial trial by jury, and defrauds us all of honest gov't and honest revenue that will continue to flow into the pockets of the real criminals as graft for the politicians / legislators / and corrupt officials. You Tube: LEGAL LAND & LAWLESS AMERICA

Legalizeandtax

Keeping pot illegal allows the black market to thrive. I'm sure all the dealers appreciate that Iowa!

likeitornot

A pipe, bong and scale were listed as items found on the premises. All needed items for cannabis oil?

If there wasn't a history, the cannabis oil maybe somewhat credible.

Legalizeandtax

So the family partakes in smoking a little pot. Big whoop. Why are cigarettes legal? They are loaded with toxic chemicals. Prescription pills send more people to the ER then pot ever will. Drunks drive home from the bar and kill and maim themselves and others.

Legalizeandtax

This travesty of injustice has made the NATIONAL news. Not allowing Benton to testify why he grew the plants and to tell the truth, whole truth and nothing but the truth etc. is truly an injustice. 81% of Iowans support medical marijuana. Why is our state government not heeding the will of the voters?It

BGW

Okay, I had to go check with the family to see how much I could and could not say here. So let me address a few things.
"Aequitas" first let me say, I am sorry you have been called names. It wasn't by me, because that is not my style, and in my last post when I talked about thinking before writing and looking at it again before hitting send, I meant that for everyone. I re-read my posts to make sure I am making valid points, and doing it in the right way.
"Banned in the QCA" I know Ben, his parents, and siblings, and have for years. I have never personally met Ben's wife nor his son, but have talked with them. I also know Ben's parents well enough to support his family as well as him because I know the family so well.

I am going to put this information out there, and then I won't be back to say any more because if people don't understand now, they never will or they don't want to understand, and that is their right.
To answer the question about any pot smoking "tools" or any other drug stuff in the house here is the answer. There was one (1) I repeat one "bong" found in Ben's sons room, and it is my understanding that Ben did not know he had it or it would have been gone because that is not why Ben was growing the plants. There was no marijuana found in the kid's room.
Next after having completely trashing the house, they let the family sit on the couch with guns pointed at them while the police detectives set things up as they wanted them to take pictures of them, they were setting the scene as they wanted it. At one point mistaking a tomato seedling as a pot plant, then realizing they made a mistake taking it out of the picture.
questons about why there was " no oil" in the house if it was for medicinal purposes.. I could understand if there were no oil because usually when you deal with things herbs or plants for thing, fresh is the best and so it made sense to me, that Ben would only extract what was needed for a treatment. However since that question has been a theme here by many, I checked and found out there was oil in the house, but it seems the police detectives didn't know what it was and so left it.
Ben is ill, putting it plainly the man is dying. This is not something he is using, it is not a ploy. In fact I learned tonight that the cancer has now metastized to his stomach. While Ben was able to use the cannabis oil to treat the tumors resulting from his cancer, he managed to shrink in size the tumors he had while not having any new tumors pop up. He did this for 4 years, when people usually don't last longer than a year with this type cancer, and most die before a year is up after their diagnosis.
I have done my best to answer the questions and refute the false statements made here. However I have come to the conclusion that if someone sees Ben and his family including his 73 year old parents as stoners, drug using, dealing, people, then it is highly unlikely anything I say will change their minds. So I will leave you all with this. I spoke with Ben's mom tonight and she said this situation has given them many opportunities to witness for Jesus Christ. Many people ask them how they are coping, and they get to share how they are trusting in the Lord and He is in control of the situation. It then gives them a chance to share the gospel of Christ. Therefore let me ask you all if you knew you were dying, do you know where you would spend eternity? Would you be with the Lord in Heaven? Ben will and his family knows that, so even though they know they will be losing their son, their brother, husband in the near future, they are not filled with despair, but they rejoice in the fact that Ben leaves this earthly home, he will advance to his permanent home in Heaven. You to can have that assurance, John 3:16 says "God so loved the world that he gave his only begotten son, so that all may have everlasting life." In I Corinthians 15:1-4 tells us that the gospel of salvation is simple, believe Jesus Christ paid the penalty for our sin on the cross, died, was buried and rose again on the third day. This would be my prayer for all.

aequitas
aequitas

Respectfully, you have made certain claims after speaking with those family members that was in direct contradiction to Benton's testimony. Based on reporting he testified that he gave the bong to his son to allegedly stop smoking cigarettes. They then tell you Ben had no idea he had it. Either you are misunderstanding what they told you, they lied to you, or they lied under oath. Let's hope that it was simply the first.

RevRayGreen

The LAW is wrong not the bong.......

aequitas
aequitas

The law very well may be wrong, but as a nation of laws we are bound by them. The remedy for a law with which you disagree is to petition your elected representatives. Draft the petition to legalize the use of marijuana for medicinal purposes, and I'll gladly sign it. That's the beauty of the democratic republic our forefathers gave us.

RevRayGreen

@brianwellner · 1h
Jury deliberating Benton Mackenzie case. #Iowa #cancer #marijuana

machineboy
machineboy

Thank God that we are going after this hardened criminal so vigorously. I am glad that the judge has restricted his right to fully testify on his own behalf, allowed the prosecutor to present his whole case before the defense has even had a chance to speak, and shielded the jury from seeing that the defendant is ill and close to dying. After all, we can't have people growing the devil weed just so that they can die with some comfort and dignity. All of this while we dither and delay the trial of suspected past pimp, coke dealer, and racketeer Little Joe VanHecke for murdering, er manslaughtering his brother in law.

aequitas
aequitas

Umm... Evidence is always limited on both sides to that which is relevant. The prosecution always gets to present their case first since they have the burden of proof.

BGW

wow! "Banned in the QCA" you continue to spout off and about a family and a situation of which you basically do not have correct information, but only misinformation from a DA and judicial system that are bent on branding this family in exactly the fashion they have and continue to do.
your remarks about "these are the type of people who would hide behind others on the battlefield" shows just how little you know. Ben's father is a retired military veteran who served his country honorable for more than 20 years in the Army. Another son is currently serving in the National Guard, as is his wife. So I say again, you don't know of whom or what you are speaking about. You don't have all the facts, and what you do have are distorted by this prosecuting DA, who is seeking to make a name for himself.
Ben has never denied "he" was growing the plants. He grew them to make cannabis oil which he applied topically to the tumors growing on his body as a result of the blood vessel cancer. Just because there weren't huge amounts of vials/jars of the oil when they raided his parents home doesn't mean that wasn't what he did with the plants. It means he used the plant leaves to express the oil from them at the time he needed it. He used what he made and didn't stockpile it.
While under the current law in Iowa, the medical defense might not be a legal defense to use for determining guilt or not guilty, it could be used as mitigating circumstances for perhaps giving him probation and not serving jail time. We are talking about a man who is terminally ill. I said in a previous post that Ben's time is being measured in months if not weeks.
It is easy for some to sit back in their homes and be the judge and jury from a distance. It is easy to say Ben broke the law, so just throw the book at him. I say when you have more information, as I have, then you see shades of gray in some cases and not strictly black and white. I don't have a problem with people expressing their views on the case, but I do have a problem with the name calling because those doing the name calling don't even know this family. I pray none of you are ever in a similar situation. I don't think any of us can say for certain exactly what we would if put in the position this family was put in. So perhaps before you start clicking away on your computer key boards, you could take a moment to think about the words you are going type into the comment box, and once you have finished, take another moment to read your words again and think about them. Are you making a valid point are just spewing out hot air, and name calling. signed BGW friend of Ben and his family.

Banned in the QCA

Did they find the oil that he was supposedly making in the house? No. Did they find evidence of the others in the house smoking the weed? Yes.
They are using his illness as a cop out. Also, how well can you really know them? Didn't you say you have never met the wife and son?
Go smoke a bowl tree hugger. Your arguments are not valid. They broke the law, the reason does not matter on a court of law.

machineboy
machineboy

It probably doesn't matter that the law was enacted by Congressional racists who feared that Mexican immigrants and black men would smoke it and "be compelled to rape white women." Crazy, but true. This law was put on the books as a racist law. Even now, more black men are arrested and incarcerated for possessing marijuana than any other race. So defend the law if you want, but it is poison fruit of a poison racist tree.

aequitas
aequitas

Why were there bongs and other devices used to smoke marijuana if it was just there for the oil?

Why was there marijuana inside the son's room, not where Benton was cultivating his crop?

Why do they and you continually conflate medical USE and a GROWING operation? Even the now legal use of cannabidoil for forms of epilepsy does not grant those individuals the ability to grow marijuana or to produce the oil. It only grants limited possession.

The crazy thing is that I disagree with the law. I think USE should be legal at least for more medical conditions. Yet I have routinely been called names, like fascist, by supporters of Benton's on these comment boards.

Bobaloo

The judge's remarks, I don't believe, were meant maliciously or cruelly. I do think there could have been a better choice of words, but I think he – like everyone else – wants to get the trial concluded in as timely a manner as possible.

Banned in the QCA

RobertChase: look up fascism. You are not even using the right term. You are uninformed and not capable of a rational conversation. Typical of a drug user. You hear some word you think is cool then use it over and over because you think it makes you seem intelligent. Just go bak to complaining about the environment or something. Hippies think they are going to change the world, but all they do is smoke weed and smell bad while listening to stupid music.

bogey05

Talk about a narrow mind! You think all people that smoke pot or use pot, smell bad and listen to bad music? What about kids who use it for seizures? Do they belong on trial too? Get a life, or at least get off your computer! You must be old, no one uses the word "hippies" anymore.

BJPalmeranian

And what about Olympic Champion Michael Phelps ? A swimmer that enjoys maryjane. He won more gold medals than anyone in the history of the sport. And what about President Clinton ? George Bush ? George Washington said; "Plant this plant." There are Rocket Scientists, Judges, Lawyers, Business men/women etc that enjoy the benefits of a good puff now and then. And, that US Gov't Patent PROOVES marijuana is beneficial. Just because the stuck-on-high fructose Corn syrup legislators and career politicians don't admit to it and haven't gotten around to comprehensive legislation, doesn't mean the BAD LAW should continue to be enforced. What medications are the legislators on that they they concentrate their efforts to get it done right now ?

Less Bias
Less Bias

Sorry, but your statement is ignorant of fact. Some of the people (myself, for example) who are in favor of the outright legalization of marijuana have never even tried it. We're not potheads, or hippies, or stoners, or whatever other derogatory term you'd like to use in an attempt to discredit our rational arguments. What, in your "expert" opinion, do you believe justifies the complete ban on marijuana, while products like Hydrocodone, Oxycotin, Alcohol, and tobacco remain legal?

Less Bias
Less Bias

Also, I believe that your comment of "HE BROKE THE LAW. It does not matter why." could be accurately described as fascist. If you don't, I'd love to hear why.

longjohn412

Frankly I cannot understand a judge's ruling that bars a man from simply telling the truth .....

It just seems shady and dishonest .....

aequitas
aequitas

For the same reason that the prosecution couldn't tell the truth about him being convicted of pretty much the same thing multiple times before. Because that's not what he's on trial for. His alleged intentions for the use don't matter according to the law, so that information is irrelevant.

bballfanedc76

praying

RevRayGreen

@brianwellner · 2m
Benton Mackenzie defense rests its case.

pray this man does not go to prison and can leave Iowa.........

WarOnTRUTH
WarOnTRUTH

I wonder if all the individuals commenting have considered what if it were them, what if it were a loved one? No? Can't really wrap your head around that huh? What you offer is nothing but myth based opinion and conjecture. Until you have ACTUAL experience whether it be directly with cannabis as medicine or as a human being stripped of your right to provide a defense based on truth, please.... do us all a favor. Thank you.

BJPalmeranian

BAD LAWS by narrow minded corrupt career politicians can be nullified by JURY NULLIFICATION only when the jury is Informed that they have that RIGHT and DUTY to return a "NOT GUILTY" verdict in spite of the judges "directives" or "instructions."

Comment deleted.
RobertChase
RobertChase

Judge Latham and Scott County prosecutors are enemy combatants against the American People and Constitution who pose an imminent threat to our lives and liberties. They should be treated as such!

Comment deleted.
RobertChase
RobertChase

The criminals are holding him in jail!

Klaatu
Klaatu

Has to be a mistrial. The jury can't possibly be uninfluenced by such a display in the courtroom.

Banned in the QCA

Wow! Some of these comments are really out there. I guess I should have expected uninformed comments or wild conspiracy theories or even comments based solely on emotion from a bunch of stoners. HE BROKE THE LAW. It does not matter why. There was more evidence of all the other people around him smoking weed than there was of making medicine, because they found ZERO of the oil he claims to have needed the pot for in the house! They are lying and trying to use his illness as a way to stay out of jail. If you ask me that is despicable., at least own up to what you have done. These are the kind of people that would hide behind other people on the battlefield. Except they could never make it in armed forces with their drug clogged brains. I don't know why I even waste my time here, you can't argue with simple stoned minds.

RobertChase
RobertChase

The time for trying to reason with fascists is over -- get out!

Less Bias
Less Bias

What a cute little world you live in. I wonder if you'll see it the same way, when tomorrow the law is "individuals cannot own firearms". Will you obey that law, or go quietly to prison? Somehow, I doubt it. As Americans, it is our duty to oppose laws with which we do not agree. I oppose a terminally ill cancer patient being denied his right to a fair trial by a judge's gag order, issued at the direction of an ill-informed state law banning the medical use of an ancient drug.

aequitas
aequitas

I don't think you understand what a gag order is. That means he couldn't talk about his case in the public or in the press. He's been doing plenty of that.

Limiting evidence at trial to that evidence which is relevant to the charge and the case is part of the judicial process. You wouldn't want the prosecution bringing in a bunch of information that wasn't relevant to this specific case, would you?

BGW

To my knowledge the ruling was only that he could not use "a medical defense" in his trial. Also most of what was written was before the trial actually began. The reporter who is writing most of the stories has been following Ben's story for quite a while, has come to know Ben and the family fairly well.
I would agree that you wouldn't want a "bunch of information that wasn't relevant to this specific case" brought in. However the important word there is "RELEVANT". Ben's health and medical issues are relevant and germain to this "specific" case.

aequitas
aequitas

But his health isn't relevant since growing marijuana for medical reasons is still illegal conduct. Does the fact that he's been convicted of it before have relevancy? Or would that, too, be prejudicial and have nothing to do with the current charges?

BGW

I will say it one more time, there was 1 bong, I repeat myself again 1 bong found in the son's room, but no joints and no other drug paraphanalia. There was cannabis oil in the house, but the police detectives didn't recognize it and so reported there was none.
Sometimes there are shades of gray and not just black or white in a situation. Sometimes it does matter why a person broke the law. This is such a case. Ben's illness is very real and it is doubtful it will keep him out of jail because oh, yes, he isn't allowed to talk about his health and medical issues in court. I tell you yet again, you don't know this family and they aren't lying. Ben has never denied that he was growing the plants. He testified in court today that the plants were his, so he does take responsibility. yet once again you disparage them as far as military service, and you don't know a thing about them. I said this before too, Ben's dad is a retired military veteran having served in the Army for over twenty years and has an honorable discharge, Ben's brother is currently serving in the National Guard. So please comment nicely, but get your facts straight. Don't open your mouth to spew hot air and misinformation. I pray you are never in a situation like Ben and his family find themselves in. I really don't know why I bother because I am pretty certain that you not listen to anything I post, and will go on believing whatever it is you want to believe. It truly must be nice to sit in your ivory tower and pass judgement on people you don't know and without having all of the facts. I am an imperfect human and I make mistakes. I know of only one person who has ever walked this earth in perfection, without doing anything wrong, without sin. That person is Jesus Christ and since I know He is in Heaven sitting at the right hand of God the Father, I can logically conclude "YOU" are not perfect and though I may not know your imperfections, I know you have them.

bogey05

The bottom line here is, why are we wasting money and resources for this trial. People have to take off work for jury duty, trials are all ready backed up, which we the tax payers pay for. This man is terminally ill, let him die with some dignity.

finch

Mike Walton is the only person who can look at ALL the facts and decide whether this man should be prosecuted. Once he brings the guy to trial, the judge's hands are tied by court procedure and law. The jury never hears the whole story. Mike Walton has the whole story. I would really like to hear from him why he decided to do this, beyond "they broke the law." What went through his mind in making this decision?

RobertChase
RobertChase

You want to listen attentively to what fascists say? Patriots have exactly the opposite reaction!

BGW

Finch, Mike Walton is using only the facts that he wants to use to support his case.
While it is true, Ben broke the law by growing the plants, he felt he had no choice in order to extend his life beyond the year or less that he was given by the doctors because there is no real treatment for this type of cancer at this time. For 4 years Ben not only was able to shrink the tumors that had already appeared on his body, but no new ones were appearing. As of this date he has many tumors on his body, of which at least one is the size of a grapefruit, the cancer has now mestasized to his stomach, This means he is looking at only months if not weeks to live. As far as his hands being tied by court procedure and law specifically in regards to "a medical defense" that may be true, but the law doesn't say Ben should be prohibited from at least letting the jury know he is ill, but that is exactly the way the judge ruled. The judge ruled that if Ben even mentioned his illness, he would be designated " in contempt of the court" and immediately put in jail for an indefinite amount of time. If you have read any of my other posts, you will know that I know this family well. I have know Ben, and his siblings since they were young children. This family is not a family of drug users, dealers etc. Their son used what he could to help increase his chances of living longer and perhaps the information from his use of cannabis oil to treat his cancer, could be used to help others.

noyb

I AGREE WITH THE NURSE....KARMA

RobertChase
RobertChase

Are there no patriots in Iowa?

RobertChase
RobertChase

There is only one answer to American fascists.

Klaatu
Klaatu

I agree, impeach the fascist Obama and throw out the democrats. It is the only way short of revolution.

RobertChase
RobertChase

The United States of America is the least free country on Earth, the world's leading jailer! The two criminal political organizations responsible are the Fascist (Republican) and the Collaborationist (Democratic) Party; starting in 1980 under the pig Reagan, the so-called "land of the free" sharply increased rates of incarceration beyond those of any other nation. This is the Land of Prisons. Violent revolution is abundantly justified except that we might only expect a more virulent fascism to replace that we have now. The fact that dangerous animals like Latham continue not only to exist in our country, but to occupy positions of power and responsibility demonstrates that America is a fascist nation.

Xochitl
Xochitl

"least free country on Earth". Which one meets with your definition of "free"? I await your answer with baited breath.

You might consider looking up the definition of "fascist". You are using it incorrectly. But then again, I don't imagine accuracy is important to you....


You are scary. You even put klaatu down! and HE wants to be your friend! You seem to have some serious issues goin' on their friend. But then what do I know,? I think I live in a free country which is not fascist!

aequitas
aequitas

Least free country on earth? That's right, folks. RobertChase would rather be in North Korea right now.

RobertChase
RobertChase

All those responsible for putting Mr. Mackenzie on trial do not deserve the protection of the Law or to be allowed to continue to live among us. Expel all fascists from our country unless they resist! May Justice find Judge Latham very, very soon!

saywhat

Shame on you Judge Latham, treating a sick person like this. What would you do if this gentleman was your father? Is it not a proven fact that this man is suffering from cancer? Why won't you allow that to be told? If a terminally ill person smokes pot to relieve their pain in their own house and they are not growing it to sell why can't we humans allow these sick people to smoke or eat the marijuana that will allow them to help ease their pain. Have you no compassion for the sick? You need to find a different job soon!! "hope the doctors know he is in trial" really? You are the sick one!

aequitas
aequitas

He wasn't just using. He was growing. He was growing a lot. Even in states where it has been legalized for medicinal use, you need a prescription and have to obtain it through a dispensary. His supporters constantly ignore that fact and the clear possession and use by others in the household.

The way the statute is written, medicinal use is not a legal defense to growing marijuana. It's irrelevant in the current law, which is what the court has to go off of. If you think it's a stupid law, blame the legislature for their inaction. Just as the prosecutor cannot bring up the fact that the defendant previously plead guilty to substantially the same offense a few years ago, because of its irrelevance at this trial, the medicinal use is irrelevant.

RobertChase
RobertChase

All fascists, get out of the United States now!

aequitas
aequitas

You know what fascists do? They exile people they disagree with. Kind of like what you're calling for.

BGW

please the name calling does not help. Try making a logical argument rather than name calling. I say this as a friend of Ben and his family.

BGW

Again I say name calling, no matter who is doing it or what side of an issue you are on does not help.

ScotFree

Aequitas has no concept of justice. Just because some narrow minded career politician excreted some scribblings that you call law, doesn't make it so. Ever hear of the Bill of Rights ? Constitution ? Pick one. These "officers" of the court have violated more real laws than what the MacKenzie family is being charged with. But, Aequtas believes that if you are an officer under color of law, you are above the law and answerable to NO ONE. Aequitas was part of the PROPAGANDA of the Roman error. see WIKIPEDIA.

aequitas
aequitas

[quote]"But, Aequtas believes that if you are an officer under color of law, you are above the law and answerable to NO ONE."[/quote]

Where did I say that? Let me save you time: nowhere. When you have to resort to making things up to make your case, you've already lost the argument.

Aequitas is Latin for equality and justice. See Wikipedia (or maybe a more reliable source such as any Latin dictionary).

finch

Laws are broad. You can't write a law saying, "No growing pot unless you're desperate for relief of skin lesions caused by blood vessel cancer, which are actually shrunk through the use of marijuana, and you're going to die within a few months of trial, or if you're the parents of such person."

That's why prosecutors are human, not robotic. It's up to Mike Walton to decide whether to apply this law to this situation.

aequitas
aequitas

It doesn't have to be that specific to permit the use of cannabidoil. All they would have to do is broadly permit medicinal use. Still, medicinal use requires the process of prescription and does not permit growing, which is what they are actually charged with.

The legislature should change the law to allow for medicinal use in my opinion. But what this family is charged with goes beyond medicinal use. If all he (and just he) was doing was using cannabidoil, it's entirely possible that this would never have resulted in charges.

finch

Is there some evidence that others in the household was smoking it? If that's the case, it changes the story a lot. I haven't seen any reference to that at all.

aequitas
aequitas

Marijuana and drug paraphernalia related to smoking marijuana was found in his friend's trailer on the property. Delivered boxes with drug paraphernalia and supplies were sent to his wife. There was marijuana and drug paraphernalia related to smoking marijuana in his son's room. If he was simply extracting the oil, as he claims, there wouldn't have been the paraphernalia used to smoke it. It wouldn't have been in the living space of other individuals on the property.

BGW

"aequitas" it is not true about that drug paraphenalia was delivered to Ben's wife, nor in a friend's trailer on the propertity. As I just recently posted there was 1, I repeat 1 bong found in the son's room and there were no joints. BTW the DA has not accused any of them of being "dealer", now isn't that funny. because if they were selling/dealing then one has to ask themselves, "what was Ben doing with that many plants.?
I know the answer, but am sure you still won't believe it was for medicinal purposes.

aequitas
aequitas

Grow equipment is also paraphernalia. According to testimony as reported it was addressed to Loretta.

I've never suggested they were selling. But that still doesn't make growing marijuana or producing cannabidoil legal. It also doesn't mean they weren't smoking it. I feel really bad for you because you seem like a very nice person who is being lied to by people you trust for their own personal benefit.

ScotFree

The purpose of gov't is to PROTECT the individual rights of its citizens. That is exactly the opposite of what is going on here with the court officers. They are systematically attacking American families on these bad laws that, like the previous prohibition, served only to enrich the criminals in power. These court officials have outed themselves as the psychopaths they are. Read SNAKES IN SUITS _ When Psychopaths Go To Work, by Paul Babiak, Ph.D and Robert D. Hare, Ph.D. "A psychopath is that person who does not care about other people...When such a person is unrestrained and is unleashed upon society, that person's behavior will manifest itself in aggressive, perverted, criminal or amoral behavior without empathy or remorse...they can be charming...Their hallmark is a stunning lack of conscience." I submit that the "judge" and prosecutor fit the description.
I also submit that these "Public Defenders" are also frauds as they have failed to represent the MacKenzie family and have refused to "...Preserve, Protect or Defend the Constitution of the United States or even the State of Iowa. This court has NO personal Jurisdiction and when they violated procedural Due Process and other Due Process laws, the court lost subject matter jurisdiction. These "Public Pretenders," according to Corpus Juris Secundum Vol. 7 sec. 4: "an attorney's FIRST duty is to the courts...NOT his client.
Google: The Necessity of Gov't - Importance of Philosophy. Thomas Jefferson said that the purpose of gov't is to protect the individual rights of its citizens. Since IOWA officials REFUSE to follow the law, JURY NULLIFICATION falls to the Jury. Click on TRIAL BY JURY on the list at the left. It is the RIGHT & DUTY of the JURY to NULLIFY any and all BAD laws that the legislative body failed to do. When it gets this far the JURY can bring in a VERDICT of NOT GUILTY regardless of what "DIRECTIVES" the judge may order. This is a sneaky way that judges get away with jury tampering. These creatures violate more laws in prosecuting cases than they interpret or enforce. They are perverts of justice. THAT is why the US has more of its people in prison than any other civilization in the history of man and most of them are in on non-violent marijuana "offenses" because their court appointed public pretenders plea bargained, which goes on at a rate of better than 90%. The Judge is not Fair or Impartial. He has a Conflict of Interest because he works for the plaintiff: STATE OF IOWA. "The plaintiff MUST allege PERSONAL INJURY fairly traceable to the defendant's allegedly unlawful conduct."- Allen v Wright, 468 US 737, 751 (1984). That is a necessary element of Standing. The Plaintiff has FAILED to met the standard of standing. Without Standing There is NO Justiciable Controversy, and the courts will not entertain such cases. - Clifford S. v. Superior Court, 45 Cal. Rptr. 2d 333, 335. "Standing is a necessary componenet of Subject Matter jurisdiction.- Rames v Byrd, 521 US 811 and NOW, Inc v Scheidler, 510 US 249. see also City of Cedar Rapids v Atsinger, Iowa 2000. The Plaintiff MUST swear, under penalty of Perjury, that the defendant caused INJURY of Damages. Where is the TRUE NATURE and CAUSE ? The Court is empty of truth. It is all a fraud. You Tube: LEGAL LAND (Mark Stevens Traffic, Carl Miller et al) & LAWLESS AMERICAWhere there is no jurisdiction there can be no discretion for discretion to be incident to discretion.-PIPER v PEARSON, 2 Gray 120, cited in Bradley v Fisher, 13 Wall. 335, 20 L.Ed 646 (1872)
These hypocrites gulp down the camel then strain at the nat. They put cancer causing FLOURIDE in our water, cancer / diabetes causing High Fructose Corn Syrup in our soda pop and nearly everything else they can get away with, they put cancer causing GMO's in our foods and REFUSE to Label it so WE THE PEOPLE can make INFORMED CHOICES, put 1,000's of harmful addictive chemicals in the TOBACCO which KILLS 1200 Americans every day, and they want us to believe they are PROTECTING and SERVING us ? The gig is up. You psychopathic law liars are parasites on the arse of society. Get a real job and quit picking our pockets and sending innocent people to your prison systems for profits and then taking more tax payer dollars to do so. Some one needs to INVESTIGATE this FRAUD UPON THE COURT. Its a Felony what this "judge" and Prosecutor are doing. Misprison of Felony. They need to go to jail. JURY NULLIFICATION. Look it up.

aequitas
aequitas

Same old crazy conspiracy theories and intellectually bankrupt analysis.

ScotFree

You are stuck in denial. You have to live out the rest of your existence there because you are afraid to admit you yourself was fooled into believing in the deception of Satan's seeds. What sort of god would put so many people in prison for enjoying the benefit of a Natural plant ? Somehow, poor narrow minded people need to know that what they are doing is justified. Their need to rationalize their wrongs is stronger than a normal persons motivation for pleasure. Aequitas needs help, but first needs to admit she needs help. JURY NULLIFICATION is not a "Conspiracy" theory. Look it up. The Law is clear to those who can see with a clean conscience. The court officers are truly exceptional.

RobertChase
RobertChase

Imbecile! Death to fascists!

nursehippityhop

Dear Judge Latham: Your actions in this case are disgustingly cruel and needlessly heartless! As a judge, you have it completely in your power to show compassion. You have shown NONE.

As a longtime nurse, I have been providing compassionate care to many many jerks like yourself. Whenever you find yourself in need of medical attention, I hope you get doctors and staff who will treat you as ugly as you have treated this entire family.

When you find yourself in intractable pain, I hope the nurse is late with your meds and slow to answer your light. I hope it's Ben's face you see then.

When you are on your deathbed, I hope they drag you into a courtroom, take photos of you, question your health, attempt to intimidate your medical providers. Then, I hope it's Ben's face you see.

As you take your last breath, I hope the last image on this earth is Ben's face before God sends you to heck. Believe me, i will not forget your name as I deliver nursing care.

aequitas
aequitas

That's a mature response. *rolls eyes*

You know who I believe should be disqualified from being a nurse? Someone as clearly vindictive as you.

RobertChase
RobertChase

Get out of my country!

1of3

This judges comments really make me angry. I think it really borders on Judicial Conduct Unbecoming. Even if he felt that way he should have kept those comments to himself, it really says a lot about his character. An unbiased judge would have compassion for a sick man who has not yet been convicted of the crime he is charged with.

unbelievable injustice

Robbing and shoplifting hurt people and businesses. Who do stoners hurt? So what if people want to grow some plants and smoke some pot or make some oil. There are many other more sensible laws these fools could be working on enforcing. Wasting everyone's time and money prosecuting a terminally ill cancer patient and his family over laws that are ridiculous in the first place is just nonsense.All those egos just need to shut up and share a joint.

Klaatu
Klaatu

Pot related auto deaths are skyrocketing in the states that have legalized. You may think no harm is being done, but it is just not so. I tend towards libertarian thought, but legalizing drugs is very problematic. At some point this government will decide pot is driving health care costs up and will go after it with a vengeance.
http://www.webmd.com/mental-health/news/20140204/fatal-car-crashes-involving-pot-use-have-tripled-in-us-study-finds

ScotFree

More than half of America is on Prescription Medications." THAT is NOT what Big Pharma wants. Big Pharma wants 100% of Us, from cradle to grave.

unbelievable injustice

Really? Alcohol is a way worse drug than pot but its legal. Oh that's right, prohibition didn't work out. Smoking pot is not going to raise healthcare costs. Synergistic effects of combing alcohol with the pot may though. Legalize marijuana, ban alcohol again I say.

Klaatu
Klaatu

That is a lousy defense of pot. You are saying alcohol is worse so therefore we must allow a further degradation of public safety by legalizing pot? I think you smoke too much dope, you obviously can't string together a logical train of thought. We don't need stoned drivers on the road. I bet you use both pot and alcohol.

unbelievable injustice

I don't use pot but have tried it, same with alcohol. Alcohol can kill a person and does all the time. Alcohol is responsible for many deaths and accidents. Pot doesn't kill, doesn't make u unable to remember what happened last night. Must I go on? Just saying it would be much safer for society if alcohol was illegal and pot was legal. Im praying for the family. This is absurd for them to have to go thru this at this time. Praises to Nurse Happily Hop. I also am a healthcare tech and will remember judge Latham and the others as I administer healthcare. May Bens face always haunt them.

BGW

BGW: clearly "Banned in the QCA" you don't have correct information, but you do have misinformation. I have said before and I say it again. I know this family. I have known Ben and his siblings since they were children. They are all so far from being stoner/ grower/ dealers. They have never sold any of the pot, nor given it to others. When Ben processed/pressed the leaves for the oil he used what he made. It wasn't made up in batches to be kept for long period of times. I have no problem if your opinion is that he broke the law and therefore should be punished. That is clearly your right. However until you have all the information don't spout off a bunch of nonsense. Understand this DA is only out to make a name for himself and being able to portray Ben and his family, including his 73 year old parents, as some group of "mafia type cartel drug dealers would clearly look good on his resume. Make no mistake about this he isn't truly looking for justice, other wise he would not have been so set on making sure the jury never hears why Ben was growing the cannabis, or about his illness. The cancer is very real, and Ben is in the final stages of his life. Soon probably measured in weeks rather than months or longer, this family will lose, a husband, son, and brother. Unless you have walked a mile or two in his shoes, then you don't have any idea of what he and his family are dealing with. You don't need to pity them, but you could have some compassion. This family is strong and Ben and his family know that when the Lord removes him from this earth, he will be in a better place and they will see him in Heaven. Like I said in the beginning I know Ben and his family. I have not met his wife or son, but I have known Ben, his siblings since they were young children. This is a good family. As a parent, I can't say I wouldn't have done the same thing to help my child. I can't say I would have absolutely done the same thing because I haven't had to walk in their shoes, but I do know that as a parent the love for a child is very strong, and you always want to help them when they are hurting.

1of3

Well said BGW. I do not know this family at all, but my heart absolutely breaks for them.

Arc Angel

So the poor and hungry can rob and shoplift?

1of3

"I hope his attending physicians are aware he is presently on trial and his presence is needed at the trial," Latham said after reconvening with attorneys and the co-defendants.

Really Judge!! Do you have to be so heartless? You already know he is terminally ill. I honestly do not even think he is probably fit to stand trial. So stop this charade of a trial and let the man live his remaining days in peace !

Awiseone

I was thinking the exact same thing when I read that part. It made me very angry that all he could think about was the man returning to trial. Seems as though the judge is enjoying his 15 mins of fame as well. What an idiot!

aequitas
aequitas

The judge has an impaneled jury to worry about as well. Where's your compassion for your fellow neighbors whose lives have been completely disrupted because one family allegedly decided to ignore the law?

What of that statement is incorrect? Should they be unaware of his current situation? Or do doctors make better decisions with more information rather than less? Does the defendant not have to be present? On the contrary, it's important for him to be there to assist in his defense.

Banned in the QCA

This is a bunch of stoner/growers/dealers using one of their illnesses as an excuse. If it was really about making medicine for him then why did the police not find any cannibis oil in the house? They found joints and bongs, but none of his "medicine". Now they have all of you suckered into believing their excuse. Like I said before, these are criminals who think they have figured out a loophole. They have not.

unbelievable injustice

Seems like Latham has blatant disregard for the terminally ill. Hope his final days are filled with horror and the worst kind of suffering. Maybe he will finally be able to look back and feel some compassion that way. Otherwise its never gonna happen. Don't laugh at karma!

iowalittledog

One more thing, shame on the judge for being more concerned about a stupid trial than a man's health. Mr. Judge let's here you explain to the jury why the defendant is not at trail? I wonder if you will tell them the truth or mislead the jury?

ScotFree

This is a tell tale sign of a psychopath. "...a stunning lack of conscience." - Paul Baiak, Ph.D. and Robert D. Hare, Ph.D. from their book, SNAKES IN SUITS - When Psychopaths Go To Work - a chilling expose on the creatures featured in this trial...

iowalittledog

One of the best moves I have seen a defendant make in Scott County. Really great move on part of the defendant who is not allowed to tell the jury why he broke the law. So show them. I ask every one of you this. If you were hurting and there was plant that would re leave some of your pain and it was illegal would you still seek it one way or the other? Don't say what you won't do till you are in that situation. This guy is my hero, because he is fighting big brother back. I said this a few weeks ago if I were him I would fall out every day!

ILnativeinIA
ILnativeinIA

Not a drop of oil was found in the house.

ScotFree

Not surprising. When the police searched Michael Jacksons house they couldn't find his other glove .

BGW

please read my last post, which I posted just prior to seeing this. There was oil in the house. The police detectives didn't recognize it and didn't take it.

lms2103

"I hope his doctors know he is on trial"???? GET A LIFE! the poor man is dying. I think this is almost abuse. He is sick, was growing because he is sick and dying, his health has turned for the worse since they took it away, and they motion to silence him on his behalf and the true reason as to why... now he might die and they say "he needs to be here on trial" wow. I hope karma comes and bites this judge, attorney, police all in the behind big time. Go after a hardened criminal, not abuse the terminally ill.

Par845

When I read garbage like this it’s hard for me to believe I spent the first 18 years of my life growing up in this backward place. Lucky to have escaped 32 years ago. Put a dying man on trial for attempting to elevate his suffering. Way to go Quad Cities. Sheria law can’t be far off.

KT

allieviate not elevate

RobertChase
RobertChase

"alleviate" not "allieviate [sic]

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