Posted on 05/16/2002 3:05:12 AM PDT by LibertyRocks
Denver Judge Axes the Constitution
Update on Trial: Day 1
News Release - May 15, 2002
| FOR IMMEDIATE RELEASE May 15, 2002 NEWS RELEASE Stanley for U.S. Senate 2002 =========================================================== DENVER JUDGE AXES THE CONSTITUTION... [Denver - 11:30 pm] Sparks flew today in a Denver Courtroom where Libertarian U.S. Senate hopeful Rick Stanley is on trial for openly carrying a firearm in violation of Denver Municipal Ordinance 38-117.5(b). The arrest was the result of an intentional act of civil disobedience during a rally celebrating the 210th Anniversary of the Bill of Rights on December 15, 2001. After wading through the usual preliminary proceedings, Defense Attorney Paul Grant moved for a twelve-man jury. This request was denied by Judge Patterson who stated Stanley would get only 6 jurors, citing a Colorado Statute. Judge Patterson's next move was to order everyone except the defendant and the officers of the court out of the room. Grant immediately objected stating the Sixth Amendment of the U.S. Constitution guaranteed Rick's right to a speedy and public trial. "A trial can't be public," Grant stated, "if the public is excluded." The judge countered that there wasn't enough room for the jury pool of 18 people and the public. After a few more minutes a compromise was reached and everyone except Mr. Stanley, his lawyer, and the court officials left the courtroom. As observers left the court room they were met by a posse of armed guards from the Sheriff's department who ordered them to move away from the doorway. After the jury pool came in and were seated, the observers were allowed back into the courtroom. During the jury selection process supporters of Stanley were shocked to discover that out of a pool of 12 prospective jurors - 5 just happened to be employed by the Plaintiff, The City and County of Denver. One prospective female jury member confirmed that she indeed was a police officer employed by the Denver Police Department. Grant objected that these jurors should be disqualified for conflict of interest issues, the Judge did not find cause to dismiss these jurors at that time. During the selection process Defense Attorney Paul Grant posed several questions to this Police Officer. When asked by Grant if she could really apply the laws as explained by the judge, she replied, "yes". Then Mr. Grant asked her to confirm if she really was a police officer with the city and county of Denver. She replied, "yes". Mr. Grant then asked her if, "...when becoming a police officer, she had taken an oath to support the Constitution of Colorado and the Constitution of the United States of America?" "Yes, I did." the officer replied. Grant then asked her a hypothetical question; "If the judge were to instruct you that the Second Amendment of the United States Constitution and Article 2, Section 13 of the Constitution of Colorado are applicable to this case, would you be able to follow that instruction? Pandemonium erupted halfway through Grant's question with the City Prosecutor objecting at the top of his lungs to the form of the question, as the Judge pounded his gavel for attention. At this time Judge Patterson dismissed the jurors for lunch. After they left the courtroom Judge Patterson began to lecture Mr. Grant. "I already sent you an order in this case. The order has been mailed to your offices. You are not to mention the Constitution during this proceeding. Do you understand?" Grant replied that he did not. Patterson said, "Then I'll explain it again. You are not to reference the Constitution in these proceedings. You will not address it in voir dire, you will not address it in your opening remarks, you will not ask any questions about the Constitution when you summon your witnesses, and you will not talk about the Constitution when you give your closing arguments. Do you understand my instructions?", questioned Judge Patterson. Grant again replied he did not understand, and the judge proceeded to repeat his previous orders. He also stated that Mr. Grant had already violated these orders during the voir dire process when questioning the police officer. Grant objected to the judge's statement and replied, "Your honor I did not ask a question about the Constitution I asked a question about jury instructions." The Judge then asserted, "You did no such thing." Grant countered, "Yes, I did." He peered at his notes and said, "Here's the question I asked her. If the judge were to instruct you that the Second Amendment of the U.S. Constitution and Article 2, Section 13 of the Constitution of Colorado are applicable to this case, would you be able to follow that instruction?" In the presence of numerous observers, and despite an audio recording and at least one court reporter the Judge then asserted, "That's not the question you asked." At that point it was clear Judge Patterson was visibly upset. He began advising counsel that he was on dangerous grounds and threatened him with court sanctions. Patterson then recessed the proceedings for a lunch break. As Judge Patterson left the courtroom one Stanley supporter, Mr. Joe Johnson stood and addressed those left in the courtroom, "Hear Ye, Hear Ye, The Constitution of the United States of America has just been repealed by a Denver County Court Judge." Two reporters from the Denver daily papers scribbled furiously and then bolted for the doors. The court reconvened in the afternoon and the jury selection was completed. The jury consists of 6 people, 5 women and 1 man. The court heard testimony from both sides including testimony from the arresting officers who stated they did not fear any violence from Mr. Stanley, and that he was co-operative. When Mr. Stanley was called by defense to testify, Judge Patterson questioned whether he really wanted to testify or not. The judge mentioned the Constitutional provision that guaranteed his ability not to testify, but when Mr. Stanley asked the judge to cite the provision the judge refused. Throughout the afternoon's proceedings lawyers, judges, and others who apparently worked within the judicial system were seen coming in and out of the courtroom for short periods of time. Testimony was concluded in the afternoon. Judge Patterson then recessed the proceedings to reconvene in the morning for closing arguments. More information concerning Rick's arrest and the trial can be found online at: http://www.stanley2002.org/denvsconstitution.htm . Previous news releases about this trial can be found online at: http://www.stanley2002.org/releases.htm Rick Stanley is the CEO and owner of Stanley Fasteners and Shop Supply in Denver, and is currently seeking the Libertarian Party of Colorado's nomination as Candidate for U.S. Senate 2002. The convention will be held this weekend in Leadville, Colorado. For more information on Rick's campaign please visit his official web site at: http://www.stanley2002.org . Information about the Libertarian Party of Colorado can be found at: http://www.lpcolorado.org #30# ============================================================ Rick is available for media interviews about his grassroots campaign for U.S. Senate. For more information please call Rick at 303.329.0481. |
I stands by my statement. You're of a brain dead state worse than paine.
The writer writes. His words are cast in the stone of history for anyone who cares to read them. Of all the people to compare writings with I welcome a juxtaposition of yours and mine on this forum. In fact, that has become the major reason why I even respond to your posts anymore. If you haven't noticed over the past few months, I've hardly give you the time of day.
What's unjust about telling a court you think a law is wrong?
If you don't think like that, then seek to get on a jury and nullify away.
Do you defend such an unjust legal system?
sinkspur has got a couple dozen posts on this thread alone defending such an unjust system.
Poohbah wrote: You can vote for the people who will impeach those judges and replace them with those more in line with your beliefs.
Here's what I wrote:
Zon responded: And who might those candidates be? The last time I checked the inmates throughout government are guarding the cellblocks. Who do you trust or respect or think would impeach judges now? That asked in light of the long track-record wherein the inmates have permitted them to remain on the bench.
Poohbah wrote: So elect somebody else.
WHO?! How about you answer the questions highlighted in red.
Poohbah wrote: Oh, that's RIGHT! (Snaps fingers.) That's just too much like that dreaded four-letter word W-O-R-K.
So now you just make up a mind-spun fabrication and proclaim that I'm lazy. I notice that it was too much work for you to answer the questions.
Or is that also too much like work?
Perhaps it says something of the tax system if everyone is willing to nullify tax laws.
I don't know about you but I would never convict somebody for non-payment of taxes. That would be akin to punishing somebody for refusing to hand over their wallet to a thief.
If everyone were logical, you'd be correct. But alas, I know a large number of people here inside the Beltway who pay taxes through the nose, and actually don't want their taxes to be lowered! I believe it's a mental condition, but that's an entirely different issue from the one discussed here.
I don't know how Colorado's constitution reads on the RKBA, but for a Second Amendment defense a relevant 'fact' would be whether the weapon in question was of a type suitable for use in a well-functioning militia (see Miller--the decision, not the syllabus).
Perpahs you're familiar with the case involving farmer Taung Min Lin and a Kangaroo Rat. He ran over it with his tractor and violated the Endagered Species Act. He faced $200,000 fine and prison time. His $50,000 tractor was confiscated. If you were on the jury would you convict?
With the same broad brush, I could say that, because the libertarians want to see the death of the system, libertarians should be culled from the jury pool.
Why you think that a city employee couldn't be impartial, and you, Alan Chapman, could, is beyond me.
Sure it is. It's about Stanley being physically and legally able to defend himself as equally as law enforcement officers or government officials defend themselves.
Or better able to defend himself than government agents are able to defend themselves. If government wants its agents to abide by the idiocy of not carrying guns let them be the targets of cowardly criminals that prey on defenseless innocents. Stanley's' RKBA is not measured by the number or quality of weaponry the government has. While the STATE has more weaponry, some of which is higher quality than what Rick owns, it is not a valid measure of what Rick may own.
There's a high probability that in small towns there is at least one citizen that is better armed than the local police and some may be better armed than their Sheriffs.
More to the point, one of the parties in the case has direct control over their payroll, promotions, etc. I really don't think there would be any question of whether anyone working for a private employer should be allowed on a jury of any case where their employer was an interested party; why should government workers be treated differently?
Of course. Royalty doens't like to have their power questioned
With the same broad brush, I could say that, because the libertarians want to see the death of the system, libertarians should be culled from the jury pool.
It's easy to show that city employees have a vested interest -- their paychecks attest to that fact. What evidence will you use to back up your assertion that Libertarians want, as you wrote, "libertarians want to see the death of the system"?
Why you think that a city employee couldn't be impartial, and you, Alan Chapman, could, is beyond me.
Ahh, feigning ignorance again. Not becoming of you even though you chose to wear it often. One thing is clear, you want the present, unjust system to perpetuate.
Mabey is state tax courts it's different, but I'm almost positive that if the IRS goes after you in court, you're guilty until you prove yourself innocent. There is no jury.
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