USA v. Chin, et al., 5:93-cr-05008-SPM, or 93-05008 United States District Court for the Northern District of Florida, Panama City

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...the way, we can consider it further posttrial if that be necessary.

MR. PATTERSON: All right, sir.

THE COURT: So, who is going to be going first? Mr. Vereen?

MR. VEREEN: Yes, Your Honor.

MR. LOWE: Your Honor, before the jury comes in, can I be heard about a matter?

THE COURT: Go ahead.

MR. LOWE: Your Honor, it's my understanding from Mr. Vereen's announcement at the beginning of the trial as to who some of his witnesses were that either one, two maybe, are members of the Ethiopian Zion Coptic Church. I anticipate that perhaps those witnesses are going to say that marijuana is used as a part of a ritual in their religious service and somehow that is going to excuse or Mr. Vereen may be offering an excuse to how the marijuana was used or processed in this case.

I know of no case in the country where any religious sect is allowed to import marijuana into the United States against the laws of the United States. I know of no clergy that could testify that, irrespective of what his church does, that that would excuse in any legal way the importation or possession and intent to distribute marijuana.

If that's where Mr. Vereen is going, I don't want to...

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...get in the position, Judge, where I have to cross-examine a religious clergy or a head of some church where I don't have to, where his testimony would be irrelevant and immaterial and a waste of time, because it offers no defense or excuse for the charges in this case. Unless Mr. Vereen can say that there is some --

THE COURT: Let's hear from Mr. Vereen first.

MR. VEREEN: Your Honor, I would not consider putting on such a defense.

THE COURT: Thank you. Actually, I think you would have preferred that, Mr. Lowe. That would be the motive that I guess he would be seeking to prove.

(Jury entered the courtroom.)

THE COURT: All right. Ladies and gentlemen, as you know, the government has now rested their case, and this is the time in the trial when the defense may present any evidence, witnesses or exhibits that they may wish. And I do remind you, again, that the defendants are not required to prove anything. We would start with Mr. Vereen, representing defendant, James Tranmer. And he had reserved his opening statement, and this is his time when he will present that, if he wishes.

(Opening statement by Mr. Vereen not transcribed.)

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