Posted on 10/23/2010 8:13:37 PM PDT by Red in Blue PA
"Hey David," the Facebook message began, "Thought you might be interested in Brian Aitken, in jail in NJ for 7 years for owning legal guns."
....
At trial Brian Aitken’s defense team showed the jury Brian’s three FBI background checks to lawfully purchase firearms, a number of witnesses—including a Mount Laurel police officer—testified that Brian was moving between residences and all witnesses—including the Mount Laurel police officer—testified that Brian’s firearms were unloaded & locked in the trunk of his car exactly as New Jersey State Law requires…Brian knew how to do this because he had called the New Jersey State Police days earlier to ensure he was in compliance with the law…a fact the Judge ruled inadmissible in the court room.
Now, this 26 year old small business owner—with no prior criminal record—is sitting in jail for 7 years simply because a Judge, since removed for misconduct in a different case, refused to allow the jury to apply the state law that allows abiding gun owners to transport their legally owned firearms from one house to another.
The jury returned from deliberation three times practically begging the Judge to tell them the law that protects an individuals rights to transport firearms—the Judge outright refused to tell them!
(Excerpt) Read more at examiner.com ...
Effing ridiculuous.....the firarms community needs to rally behind this poor guy.
The jury should have told the judge to f himself and either nullified the law or found the accused INNOCENT.
“The charges against me are non-violent and victimless. I did everything I could to follow the letter of the law; I checked the State Statutes, I contacted the New Jersey State Police… I did everything by-the-book. The Courts don’t seem to care. My son has gone fatherless for over one-third of his life because of a charge without merit. It’s time for this to end.”
Yeah, what's up with a jury like that?
The jury exists for the sole purpose of protecting the accused from crooked judges, prosecutors or unjust laws.
Jury nullification is when people sitting on a jury ignore the law in the name of justice. I am a proponent of this because the power is with the citizens.
Jury failed. They should have nullified right then and there. As much the jury's fault as the judge's.
Until we have an educated populace that sits on juries, we’ll continue to have these findings....sucks, but true ;
Ought to be the damnable judge in prison for seven years for this kind of judicial misconduct.
Pathetic example of an activist judge imposing his will ahead of the letter of the law.
Judge my A$$. What frikkin’ out of control wannabe Law and Order prosecuter brought this case before the Judge in the first place?
I agree. Why in the world would a jury find this man guilty?
All 12 must have voted guilty. Not one juror had enough doubt, or enough courage. This is very odd.
Surely this will be fixed on appeal.
The dumbing down of America has indeed taken its toll in too many ways to count.
I hope we can fix it....
“
This judge should be in prison.”
I’m beginning to think that should be the case for at least 90% of the judges in our country now.
Whilst a man is sitting in a prison cell.....such a comforting thought to him I'm sure.
Can Christie pardon him? If so why hasn’t he?
Been on a jury lately? Last time I was on one, the judge specifically instructed us that we can’t nullify. I know my rights, so I’m not cowed by the judge, but I suspect >>90% of jurors will blindly follow.
Can’t Governor Christie pardon this guy? He certainly should, IMHO. What about appeals?
The judge can suck eggs.
Don't have to call it nullification, all you have to say is "not guilty". Tricky part is getting the slugs that usually get on juries to agree with you. My wife found that out and hung a gun case jury.
Please explain....my husband has a recall to jury duty coming up....he needs more info
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