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. |
But how many years has it been since any jury in this nation was given complete instructions as to everything they have the Right and the Authority to do ?? ??
Any jury has the Right to 'throw out' any law (and arrest) that, if in their belief, they believe it to have been mis-applied. Every sitting judge is (or should be) aware of that (and much more) but they are unwilling or unable to insruct the jury that sit under them about everything that is available to them. They have become used to "Legislating from the Bench", like their heores in D.C., instead of actually doing their job, as described in the Constitution, and "Intrepreting" the law(s) that are handed down from Congress . . .
Just because some poor-excuse-for-a Judge "Says its So" does NOT "Make IT So" . . .
Just because the United States Supreme Court has consistently held from the very beginning...
Clintonian parsing is no match for historical facts.
"But it is universally understood, it is a part of the history of the day, that the great revolution which established the constitution of the United States, was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen, who then watched over the interests of our country, deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government--not against those of the local governments." -- United States Supreme Court, Barron v. Baltimore, 7 Pet. 243 (1833)
To which Roscoe spewed:
"Clintonian parsing is no match for historical facts."
and then pasted in another one of his repetative wastes of FR bandwidth...
There is no "Clintonian parsing" here... you cannot parse what IS NOT THERE!
Supreme Court decisions and historical facts are more valuable than ignorant ranting.
Overturn. In your ear, Roscoe. You don't want to discuss, fine, we're done.
Overturn historical facts? What a triumph of deliberate ignorance that would be.
"But it is universally understood, it is a part of the history of the day, that the great revolution which established the constitution of the United States, was not effected without immense opposition. Serious fears were extensively entertained that those powers which the patriot statesmen, who then watched over the interests of our country, deemed essential to union, and to the attainment of those invaluable objects for which union was sought, might be exercised in a manner dangerous to liberty. In almost every convention by which the constitution was adopted, amendments to guard against the abuse of power were recommended. These amendments demanded security against the apprehended encroachments of the general government--not against those of the local governments.""In compliance with a sentiment thus generally expressed, to quiet fears thus extensively entertained, amendments were proposed by the required majority in congress, and adopted by the states. These amendments contain no expression indicating an intention to apply them to the state governments. This court cannot so apply them."
Barron v. Baltimore 7 Pet. 243 1833
No, SCOTUS overturns when the case warrants: Plessey vs. Ferguson is a good example. The Fourteenth Amendment was in place when the Court decided Plessey, and it was still there when SCOTUS overturned in Brown vs. Board in 1954, overturning not on the law, but on the facts, and on their interpretation of the Equal Protection Clause -- smartass.
Your Hallmark cards aren't contributing a lot here, pal. Not after the third or fourth time. And if what passes on your screen for reasoned, sprightly repartee doesn't get any better than your last one, I suggest you give it up entirely. You post like a jerk, and I don't think you're posting in good faith. I think you're a liberal disruptor sitting there with a left-winger's warm-watermelon quote-file of zippy one-line quotes from here and there, all indexed like Cliff Notes, and just cutting and pasting to be a jerk on someone else's forum.
Adios, jerk, I'm not posting to you any more. You're on filter -- oh, and by the way, I think you also post as "Walt" from "Tennessee" on Civil War threads, pretending to be a Southerner to jerk the Southerners around with the same kind of drivel. If all the rest of us posted like you did, every post would be "No. Wrong." and a confetti post from the Constitution or the Declaration or the Federalist. Which isn't the way to read them.
'Bye, Roscoe. Kiss it.
The NAZIs are here, and they're not from the right!!
Ignorance of the law is a poor position to argue from.
Non-responsive post filtered and ignored.
Ignorance of true justice is a poor way to live your life.
"The people of the United States are the rightful masters of both Congress and the Courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution."
--Abraham Lincoln
"The power of eminent domain does not depend for its existence on a specific grant in the Constitution. It is inherent in sovereignty and exists in a sovereign state without any recognition thereof in the Constitution. It is founded on the law of necessity. The provisions found in most of the state Constitutions relating to the taking of property for the public use do not by implication grant the power to the government of the state, but limit a power which would otherwise be without limit."
18 Am. Jur. 635, § 7."Whosoever, therefore, out of a state of Nature unite into a community, must be understood to give up all the power necessary to the ends for which they unite into society to the majority of the community, unless they expressly agreed in any number greater than the majority. And this is done by barely agreeing to unite into one political society, which is all the compact that is, or needs be, between the individuals that enter into or make up a commonwealth. And thus, that which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of majority, to unite and incorporate into such a society. And this is that, and that only, which did or could give beginning to any lawful government in the world."
-- John Locke
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