Judge Dismisses Denver D.A.'s Unconstitutional Jury Tampering Charges ( jury nullification )

Reason magazine ^ | Dec. 17, 2015 | Jacob Sullum

[george76]

Mitch Morrissey tried to imprison activists for passing out jury nullification pamphlets.

Last August, Denver District Attorney Mitch Morrissey charged two local activists, Mark Iannicelli and Eric Brandt, with seven felonies each for passing out jury nullification pamphlets at the Lindsey-Flanigan Courthouse. Morrissey continued to pursue those charges even after conceding that such activity is protected by the First Amendment. When I asked Lynn Kimbrough, Morrissey's public information officer, what Iannicelli and Brandt had done that crossed the line from constitutionally protected speech to felonious jury tampering, she refused to say. That's probably because Morrissey had no case, as confirmed yesterday when Denver District Court Judge Kenneth Plotz dismissed the charges against both men, which he concluded violated their First Amendment rights.

...

What happened here is pretty clear: Morrissey abused his office to punish people for speech that offended him. He persisted in that effort even after it became abundantly clear that the charges were unconstitutional, as when a federal judge in Denver ruled that activists have a First Amendment right to do exactly what Iannicelli and Brandt were arrested for doing: passing out literature arguing that jurors have the authority to judge the law as well as the facts ... It would be perceived as a losing battle [by] a first-year law student.

Yet Morrissey is not alone in seeking to imprison people for defending principles he abhors. Last month Michigan activist Keith Wood was arrested for handing out jury nullification literature outside the Mecosta County courthouse. Wood was charged with jury tampering,

[AEMILIUS PAULUS]

Another ad hominem argument.

[SunkenCiv]

Thanks george76.

Mitch Morrissey tried to imprison activists for passing out jury nullification pamphlets... Denver District Attorney Mitch Morrissey charged two local activists, Mark Iannicelli and Eric Brandt, with seven felonies each for passing out jury nullification pamphlets at the Lindsey-Flanigan Courthouse... continued to pursue those charges even after conceding that such activity is protected by the First Amendment... yesterday when Denver District Court Judge Kenneth Plotz dismissed the charges against both men, which he concluded violated their First Amendment rights... Last month Michigan activist Keith Wood was arrested for handing out jury nullification literature outside the Mecosta County courthouse... was charged with jury tampering...

[itsahoot]

Another ad hominem argument.

I got a million of 'em. I keep them in my emanations of penumbras bag.

[1rudeboy]

...even though jury nullification is a spreading loony idea typical of our times.

The case I was taught regarding jury nullification in law school involved some protestors who trespassed into and trashed someone's office. Their defense was U.S. foreign policy and the Vietnam War. The jury agreed, and they walked.

I remember thinking to myself: "something ain't quite right, here"--as I looked at all the commielibs in the class furiously scribbling notes.

So yeah, nullification is constitutionally protected jury behavior. Just be careful what you wish for . . . .