Posted on 01/12/2017 10:40:42 PM PST by vrwc1
Pasadena, CA. Today, three federal appellate judges in the Ninth Circuit issued a final ruling in favor of a Christian man, Mark Mackey, who was arrested for reading the Bible aloud in front of the California Department of Motor Vehicles in Hemet, CA in 2011. Read the ruling here.
The CHP Officer, Darren Meyers, erroneously cited Mr. Mackey for violating a state law that forbids the interference with an open business through obstruction and intimidation. The Ninth Circuit rebuked the officer’s fabricated claims in his police report:
Upon arrival, Meyer encountered Mackey reading his bible aloud in a dirt patch, neither obstructing nor intimidating anyone in line. Meyer avers that Mackey was “yelling at the people waiting in line,” “that there was obvious verbal confrontation between the group of men and the people standing in line,” and that the “confrontation was heated and nearing a physical state.” That version of events is completely belied by video and audio footage which does not reveal any confrontations whatsoever, and merely shows Mackey reading the bible aloud somewhat apart from people standing in line.
View the video of the arrest. This story was widely covered by Fox News and many other news outlets shortly after the arrest: Fox News Video.
Representing Mr. Mackey, Advocates for Faith & Freedom filed a federal lawsuit for unlawful arrest arguing the officer had no basis or probable cause to arrest Mr. Mackey. Mr. Mackey offered to dismiss his suit if the CHP simply admitted the arrest was unlawful and agreed to properly instruct its officers. The CHP rejected that offer and Mr. Mackey was instead criminally prosecuted in California state court in the County of Riverside.
View our previous press release that outlines the facts and charges.
However, Mr. Mackey prevailed in the criminal prosecution and was found not guilty of the charges. Thereafter, Mr. Mackey’s federal case continued ending up in the Ninth Circuit Federal Court of Appeal.
Robert Tyler, who argued in the Ninth Circuit on behalf of Mr. Mackey, stated, “An innocent man exercising his religious liberty and free speech was criminally prosecuted based on erroneous claims put forth by a false and deceitful police report. It appears to me that the arrest and prosecution of my client was politically motivated because they did not agree with my client’s speech. But that is exactly why our founders created the First Amendment – to protect even disagreeable speech. Today’s decision renews my hope in the justice system.”
Mark Mackey stated, “Justice still prevails. I am excited that our country is going in the right direction.”
Co-counsel and volunteer criminal defense attorney Nic Cocis commented, “It is refreshing to know that our system still works. The video evidence clearly contradicted the claims of the officer, but it took our appeal to the Ninth Circuit before justice could be realized. The officer and the CHP should be held accountable for their disregard of constitutional liberties.”
NINTH CIRCUIT COURT OF APPEALS, Case No. 15-55186
blind rodents and nuts comes to mind...
I guess perjury isn't prosecuted any more. No mention of it in the article.
Wow it has taken six years to clear Mr Tyler!
This case demonstrates the importance of always having somebody separate filming whenever out on politcal activities or events such as this.
When you burn that bridge of trust, you have to both expect, and accept responsibility for, any and all public repercussions thus generated. In an era when the Police need the public trust more than ever, they would do well to curtail the inbred urge to abuse their power, especially given that every boob with a cell-phone is a potential "James O'Keefe" waiting to show what unconscionable liars and lawbreakers many cops prove to be at their worst.
Live by the sword, die by the sword. Suck it up, thin blue lie.
;^)
When you burn that bridge of trust, you have to both expect, and accept responsibility for, any and all public repercussions thus generated. In an era when the Police need the public trust more than ever, they would do well to curtail the inbred urge to abuse their power, especially given that every boob with a cell-phone is a potential "James O'Keefe" waiting to show what unconscionable liars and lawbreakers many cops prove to be at their worst.
Live by the sword, die by the sword. Suck it up, thin blue lie.
;^)
DON”T. STOP. NOW! Now is not the time to be magnanimous in some misguided attempt to “take the high road” or “turn the other cheek.” This was a gross abuse of power by gov’t officials in their official roles to stomp on the constitutional rights of religious people. The slight embarrassment of being caught losing the case means nothing to shameless people who have the sympathies of the local media.
If you really want to discipline them and deter this conduct in the future to protect fellow believers, act like the apostle Paul in the Philippian jail: exercise your legal rights! You MUST file a s. 1983 action and hold the CHP and these thugs personally liable for monetary damages, then donate the proceeds to a good charity. The only way to get the attention of shameless liberals is to hit them in the wallet!
It doesn’t say in the article how many YEARS IN PRISON the CHP Thug is facing for this FELONY KIDNAPPING, PERJURY, Conspiracy to Deprive a person of his rights under Color of Law,...
HE IS GOING TO PRISON RIGHT????
My gaydar pinged watching the CHP officer on the video. Just sayin’.
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