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Cannabis suspect with cancer diagnosis says jail time would be death sentenceQuote:Benton Mackenzie sat, bound by a wheelchair and a cancer diagnosis, in a Scott County courtroom protesting a judge's decision not to let jurors hear the medical reasons why he manufactured cannabis oil.
Gaunt and ashen, Mr. Mackenzie, 48, bowed his head and blotted away tears Tuesday. He told Scott County District Court Judge Henry Latham he couldn't understand the judge's prior ruling stating he could not present evidence that he used the cannabis oil he is accused of manufacturing to treat Angiosarcoma, a cancer that resulted in bulging tumors and, in his case, a near-fatal prognosis.
Judge Latham said he understood Mr. Mackenzie's dilemma but was bound by an Iowa law that prohibits the manufacturing of cannabis and possession of cannabis oil without a prescription. He cautioned Mr. Mackenzie that if he tried to present medical marijuana as a defense to jurors, he could be found in contempt of court and thrown in jail for up to six months.
When authorities raided Mr. Mackenzie's parents' Long Grove home last year, they found cannabis plants he grew to extract oil to treat his cancer. Mr. Mackenzie, his wife, his 22-year-old son, a friend and his parents, who are in their 70s, were charged with cannabis-related counts.
Mr. Mackenzie says any time he spends behind bars effectively could be a death sentence for him, adding he likely wouldn't live long enough to withstand the lengthy appeal process if convicted.
"Every time I turn around, I'm facing death or jail, and I don't know what to do at this point," he told Judge Latham, his voice breaking.
Mr. Mackenzie requested he be allowed to fire his attorney, Joel Walker, appointed just weeks before trial. Mr. Mackenzie said he was mistakenly told an interlocutory appeal — an appeal filed before a trial is over — had been filed at his request asking the judge to reconsider a medical marijuana defense. Instead, an appeal was filed related to a motion to suppress.
His original attorney, Lori Kieffer-Garrison, was dismissed from the case when her law license was suspended.
Angered by the misunderstanding, Mr. Mackenzie on Tuesday said he didn't know how to proceed. But Judge Latham denied the request, saying he believed it was in Mr. Mackenzie's best interest to continue with an attorney.
The dispute came mid-day Tuesday during the second day of jury selection. During a brief break after the judge's ruling, Mr. Mackenzie's family voiced their discontent with what they claimed was Mr. Mackenzie's inability to launch a truthful defense.
"It's murder," said his 22-year-old son, Cody Mackenzie.
Shaking his head, Mr. Mackenzie angrily told attorneys in the courtroom, "Why don't we just put execution on the table? ... Either kill me or let me go."
Because of the small size of the courtroom and the bulkiness of his wheelchair, Mr. Mackenzie sat in the back of the courtroom for the first two days of jury selection.
His mother, Dorothy "Dottie" Mackenzie, 75, — also charged in the case but not being tried at this time — said tumors, once managed effectively by cannabis oil, have returned on her son's body and make it agonizing for him to sit for long periods of time. She said her son is propped up on cushions cut out to accommodate his growing tumors.
"People die within two years of diagnosis," Ms. Mackenzie said of her son's condition. "Rarely do they live to five years."
Initially against his use of cannabis, she said she changed her mind when she saw the immediate effects the oil had on his tumors. She said her son, who ruled out chemotherapy, traveled several times to Oregon to buy cannabis oil before eventually growing plants on her property to cut costs and provide enough oil for his treatment.
Mr. Mackenzie and his 43-year-old wife, Loretta, appeared in court Tuesday wearing traditional green plaid kilts. Mr. Mackenzie's mother said the family hoped the outfits would let jurors see the visible effects of her son's cancer.
Court concluded shortly before 5 p.m. Tuesday, and jury selection will resume early today.
Also on Tuesday, Judge Latham amended an earlier decision and allowed reporters to take notes during jury selection, so long as the privacy of prospective jurors was taken into consideration.
Most prospective jurors interviewed Tuesday told attorneys they agreed with Iowa's marijuana laws, although some offered potential exceptions they could see to the rule, such as for medicinal use or overturning the law for the purpose of state revenue.
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