April 20th, 2012

AP: NY judge tosses out jury nullification charges


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Associated Press Story: http://hosted.ap.org/dynamic/stories/U/US_JURY_NULLIFICATION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

NY judge tosses out jury nullification charges

By LARRY NEUMEISTER
Associated Press

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From that article, quoting:

NEW YORK (AP) — A federal judge threw out charges Thursday against a man who urged jurors in multiple East Coast cities from Florida to New Hampshire to sometimes disregard the law and vote their conscience.

U.S. District Judge Kimba Wood in Manhattan tossed the case against Julian Heicklen, saying the First Amendment protects speech concerning judicial proceedings as long as the speech doesn’t prevent fair and impartial justice. She noted that the essence of the First Amendment is that falsehoods are better exposed through discussion than through suppression.

Heicklen, a retired chemistry professor, was arrested and charged with a misdemeanor for repeatedly handing out pamphlets to people outside a lower Manhattan courthouse near the World Trade Center site between October 2009 and May 2010, urging a practice known in legal circles as jury nullification.

Assistant U.S. Attorney Rebecca Mermelstein had reminded Wood during oral arguments last month that Heicklin also has regularly distributed pamphlets in front of federal courthouses in Philadelphia, Boston, Tampa, Fla., Alexandria, Va., Concord, N.H., Springfield, Mass., Hartford, Conn., and Albany and White Plains in New York state. She called him a “significant threat” to the integrity of the judicial system.

Wood wrote that Heicklen did not violate the law by handing out pamphlets discussing the role of juries in society and urging jurors to follow their consciences regardless of instructions on the law. She said the law would be violated only if Heicklen tried to influence the action or decision of a juror on a specific case pending before that juror.

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Read the rest of the story at AP: http://hosted.ap.org/dynamic/stories/U/US_JURY_NULLIFICATION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT




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5 Responses to “AP: NY judge tosses out jury nullification charges”

  1. 1
    Pilgrim's Pride Says:

    THIS is …

    Extraordinary.

    “Nullify America” is literally the last chance for peaceful counterrevolution. LORD have mercy on these united States.

  2. 2
    Cal Says:

    “U.S. District Judge Kimba Wood in Manhattan tossed the case against Julian Heicklen, saying the First Amendment protects speech concerning judicial proceedings as long as the speech doesn’t prevent fair and impartial justice.”

    Judge Kimba Wood tossed out the case, saying that it was NOT jury tampering, but was Free Speech so they did NOT have a case.

    (or did I also read this wrong?)

  3. 3
    bruce Says:

    the real threat to our judicial system are president bongo’s lawyers er liars.

  4. 4
    Burt Vincent Says:

    The U.S. judicial system is without integrity anyway. I was just fleeced for $3,300 by a district court judge here in Michigan. The case involved my refusing to be fraudulantly charged for the second time by a company. The judge agreed I had proven fraud from 2008 and the company had illegally collected and held $1,500 of mine HOWEVER when they billed me for an additional $400 in 2011, I shouldn’t have refused to pay it. The true ammount I owed according to the judge was $250 and he said I should have recalculated and sent them $250. Because I didn’t I was to pay their lawyers collection fees of $3,300 plus the $250. He did however subtract the $1,500 they stole from me back in 2008. When I said to him if they already had $1,500 of mine why didn’t they subtract the $250 from my account and refund the remaining $1,250? My outspoken criticizm of his voodoo justice brought on a threat of jail time. My lawyer told me there is no hope of appeal because they are all crooks. HOW ABOUT THAT? 1 honest lawyer!!!!!

  5. 5
    Harvey Says:

    They are all crooks.The Judge in the Zimmerman shooting in Florida found out that Mr Zimmerman had some money they didnt know about so hes wanting to re-arrest Zimmerman and force him post a higher bond.its not just in Florida its all over this Nation that our Courts have became a way for the Countys to raise money.
    Our Nation is in serious trouble and iam afraid its to late for it to be fixed except by true Americans who love this Nation and what it stands for.Americans who want their children and grand children to grow up with the freedoms that we had.The only way they will get that now is for us,the true freedom loveing Americans will have to hand it down to them the way our fore fathers gave it to us.GOD BLESS AMERICA

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