Email to Judge in the Open Carry case of Brad Krause in West Allis

17 February, 2009 | marktwain

[marktwain]

Subject: Disorderly Conduct case involving Brad Krause

to: Judge Paul Murphy

Your honor,

I would like to thank you for showing integrity and political courage in upholding the Constitution of the State of Wisconsin and the United States in the case involving Brad Krause. I certainly expect your finding to be upheld on appeal.

Thank you for showing integrity in the face of strong political pressure.

[marktwain]

The City of West Allis has an email portal. I used it to thank Judge Murphy for upholding the constitution in this case.

[marktwain]

Here is a link to a post from a Freeper at the hearing:

http://www.freerepublic.com/focus/f-news/2187573/posts

Here is the Milwaukee Sentinal article:

http://www.freerepublic.com/focus/f-news/2187644/posts

Here is the Milwaukee Sentinal asking for comments:

http://www.jsonline.com/forums/39730232.html?c=y&commentSubmitted=y

[marktwain]

Here is the link to the West Allis city site for emailing Judge Murphy:

http://www.ci.west-allis.wi.us/site/contact.aspx?E=7

[nbhunt]

Thanks, sent.

[Eric in the Ozarks]

The judge made the correct decision.

[InABunkerUnderSF]

...I certainly expect your finding to be upheld on appeal.

There should be NO appeal. The prosecution lost and any further attempts at prosecution would violate Mr. Krause's fifth amendment protection against double jeopardy.

Since the city still has his sidearm, in violation of the due process clause, maybe the fifth amendment doesn't apply in that part of Wisconsin.

Given that the second and fourth amendments don't seem to apply either I suppose that may actually be the case - at least in the eyes of the local political class. And here I thought California was the only state where localities had the right to override federal law and the constitution.

[Windflier]

Thanks for the link. I sent him a message validating his courage and excellent judgment.

[marktwain]

I am not certain, but I believe that this decision can be appealed because it is a “civil” action involving a fine only, and *not* a criminal action.

Although it is not widely understood, a person has far less rights under civil law than he would have under criminal law.

Perhaps there is a Wisconsin lawyer on the forum who can clarify this for us.

[InABunkerUnderSF]

Sorry, I hadn’t realized that disorderly conduct was a civil charge. It’s a criminal misdemeanor here.