Posted on 02/02/2017 2:23:02 AM PST by Nextrush
Federal Judge Anna Brown has ruled she will hear evidence on misdemeanor charges and decide verdicts for seven people facing trial next month for the Oregon Standoff protest.
Brown's ruling yesterday (Friday January 27th) claimed "significant uncertainty in the law" prevented her from allowing a jury trial on the minor charges tacked onto the felony charges the seven defendants will face.
Defense lawyers were reported by "Oregon Live" as saying they want a federal magistrate to hear the misdemeanor charges because that's the standard procedure for such offenses.
The "Oregon Live" story published by reporter Maxine Bernstein went on to say:
"Defendants and their lawyers were dismayed by the ruling
Andrew Kohlmetz, standby lawyer for defendant Jason Patrick said 'It's very important for Mr. Patrick to have a jury of his peers make those decisions. He's frankly not happy.'
Matthew McHenry, who represents defendant Sean Anderson, argued in court papers that a jury verdict that 'reflects the judgement of the public and the defendants peers' would provide a 'more satisfactory and acceptable resolution' to the defendants and the public.
He also argued that one jury trial would be more efficient and that prosecutors are trying to avoid a repeat of across-the-board acquittals in the first trial.
'Finally, the defendants believe the government's strong desire for a bench trial stems in large part from the jury acquittals in the first trial. The government should not be aided by this Court as it attempts to take this case out of the hands of a jury of the defendants peers', McHenry wrote.
It looks like the judge is trying to help railroad the second group of Oregon Standoff defendants.....
(Excerpt) Read more at nextrushfree.blogspot.com ...
They will face the same felony charges the first seven 'leaders' were tried and acquitted of by a jury.
But misdemeanor charges have been tacked on by the federal prosecutors and now the judge (Anna Brown) says she will decide on those charges, not a jury.
There's plenty going on in and around the Oregon Standoff case, including the pending trial of Ammon Bundy's defense lawyer, Marcus Mumford.
Mumford was tackled, tased and arrested by federal marshals in the courtroom after the acquittal was announced.
In Nevada the first defendants from the Bunkerville standoff in 2014 will soon face trial.
Ryan Bundy argued against the federal government in a Nevada courtroom earlier this week.
The Nextrush Free blog is a place you can go for posts related to the Oregon Standoff.
Last week when LaVoy Finicum was honored in a post on the anniversary of his killing, there were over 15,000 views of the post.
I was unable to post the Oregon Standoff story from “OregonLive” last Saturday because of again being suspended from posting on FR because of alleged “sidebar abuse”.
The notion being I was giving the O.S. story too much prominence.
I will post at the blog if unable to post on FR because of any future suspensions.......
http://nextrushfree.blogspot.com
They will face the same felony charges the first seven ‘leaders’ were tried and acquitted of by a jury.
...
I read the jury’s comments for the first trial and they acquitted because they believed the defendants were overcharged. I’m surprised the same charges will be brought up again, although the misdemeanor charges make sense. Those will probably be a slam dunk for the government.
I thought the option of a jury trial was a right?
Comrad!! You said funny!
It sounds to me like the judge won’t allow a jury trial because she knows a jury will find them not guilty. She wants them to be guilty so she will make the decision herself. WOW.
Verdict first! Trial second!
Can they file their appeal BEFORE the govt employees rules in favor of the government?
US Constitution Amendment #6:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
...the link refers to the video clip titled "Jason Chaffetz Shocks Democrats" revealing Trump's letting loose the leash on Chaffetz' addressing government corruption
Here is a recent 'opposing' article by Esquire article on the subject seems to confirm potential support
Esquire is fake news. There is no stealing of “our” land. High handed Government action - illegal in my opinion. This should have been handled by the local sheriff.
IIRC, the money trail actually went back to Dingy Harry Reid. The EPA required a swap in order to release the land for that project, and the land used by Bundy was targeted.
Why does the Federal Government own almost all the land in the Western States anyway? Most of that land should be under state jurisdiction. Just my 2 cents.
Impeach the judge.
“Brown’s ruling yesterday (Friday January 27th) claimed “significant uncertainty in the law” prevented her from allowing a jury trial...”
Did this judge attend the Casey Jones School of Law or the Franz Kafka Institute? Law too “uncertain” for a jury to comprehend is too uncertain for a defendant to obey or defend against. This is in part exactly why the 6th amendment requires trial by a jury of one’s peers. The defense attorneys need to submit motions for summary dismissal of such charges, citing the judge’s own ruling, then appeal to a competent circuit court.
Are people not allowed a trial by jury for a misdemeanor if they want it? Most wouldn’t want one, but is it the judge’s choice?
What’sssss “due processsssss”, preciousssss?
Things are a bit mixed up in Washington right now.
The delay for Jeff Sessions is going to be longer, it appears.
Trump had to shake up the Justice Department with a new temporary appointee just to deal with the travel-immigration issue.
I’m hoping for some change in the weeks ahead, but the wheels of injustice move forward.
Stop getting bounced, post where the mods want it.
Wish I had stated that as well as you did.
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