San Diego Mayor Urges ‘Jury Nullification’ In Medical Pot Dispensary Case

The concept of jury nullification is catching on nationwide. According to LibertyCrier.com:

San Diego Mayor Bob Filner has injected himself into a federal criminal case against the operator of a medical marijuana dispensary, intensifying his standoff with federal prosecutors on cannabis enforcement issues.

Filner’s urging jurors who’ll be chosen for the trial to reject federal law in favor of state statutes under a centuries-old legal concept known as “jury nullification”– whereby jurors can refuse to convict people under laws they believe should not be applied.

 

To read the entire article, click here.

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Rich Paul Trial

In Keene, NH,   the trial of Rich Paul began today.  He’s a  noted marijuana activist facing up to 81 years for selling plant matter that approx. 1/3 of all Americans have consumed at one time or another in their lives. Statistically speaking it is likely that at least 4 of the jurors on his case have consumed marijuana at one time or another.  Did this make the person they may have obtained it from a criminal that should be jailed for 81 years?

Paul was set up by the FBI, the New Hampshire State Drug Task Force and a “concerned citizen” (unsavory informant) in the spring of 2012 .   Not surprisingly, the concerned citizen / informant was “cooperating” with law enforcement in order to reduce or eliminate his own pending drug charges.   Of course “cooperating” can mean many things depending upon your point of view and how tight the vise gripping certain parts of your anatomy is being turned.  To Paul’s credit, he chose the correct moral path and refused to “cooperate”. This is probably because he can discern that something legal isn’t always morally right and something illegal isn’t necessarily morally wrong.

As the trial approached Paul was offered a plea deal of  ”no jail time” if he would forego the trial.    Which begs the question, If Rich Paul is such a dangerous “criminal” why would the state offer him a plea deal of no jail time?  Perhaps it’s because the State is afraid that if principled people like Rich Paul continue to stand up and demand a trial, the State’s practice of putting people in jail for victimless crimes will come into question, as it should.   Also, the State seems deathly afraid to risk the chance that ONE principled juror will recognize the courage it takes to stand up and maybe, just maybe see through the sham that is this ridiculous thing called “the war on drugs.”  Not guilty.   Two words that no juror can be ever be punished for saying.   Two words conscientious jurors uttered to help end slavery in the United States and that hastened the end of the prohibition of alcohol. Two words that strengthen the concept that each and everyone of us, should own our own bodies.

Of course now that the trial has begun, the state will do everything it can to get a conviction.   Should that happen, it raises another question of a more rhetorical nature.  If  just one day before this trial the state was willing to negotiate a plea that involved no jail time, they were essentially acknowledging what many of us already know.  That Rich Paul doesn’t belong in jail and poses no threat to other people.  However, by showing the courage to stand up Paul is a very real threat.  Not to you or me mind you, but to those that make a living chasing people for behavior that involves a substance far less harmful than that which the State of New Hampshire sells, alcohol.

Courage isn’t always following arbitrary rules.  That’s obedience.  Blind obedience is what the State wants. Rich Paul needs at least ONE PRINCIPLED  JUROR to show the kind of courage he has shown.  One is all it takes.

 

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Longtime Juror Rights Activist is at it Again

282686_229925113707644_2223354_nJohn Connell 54, Pastor of the Peaceful Assembly Church of Grafton ,NH  has been informing jurors of their rights for about 20 years. He began doing this while living and working in Salem, Massachusetts fulltime. Upon learning years ago that juror’s were routinely misled by unscrupulous government employees and often ignorant of what their rightful powers are, he decided to act.

Connell was a regional coordinator for FIJA or the Fully Informed Jury Association for several years in the 1990s. Additionally he has provided testimony at State Legislative hearings as well as enaging the public regularly regarding “jury nullification topics. Lately he’s taken to sporting some signs along route 4 touting NHJury.com. (thanks John!) . Both of these organizations, FIJA.ORG and NHJury.com focus on raising awareness of jurors and the public in general.
No matter what the brand is, John reasoned that the primary goal, to inform people of the proper role of a juror is so important that he’s spent countless hours and lots of his own money over the years trying to achieve this. We whole heartedly commend all of those efforts.

Recently Pastor John authored a town warrant article:

To see if the Town shall notify the voters of Grafton of their natural and historic right and responsibility as jurors, sitting on juries in all cases including grand juries, to judge the law as well as the facts before them, a right recognized by the State of New Hampshire with the passage of HB146 (Laws of 2012, c.243) and codified as RSA 519:23-a, which states that “in all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.” The information shall be sent by the Town to all voters individually via first-class mail, and shall be prepared entirely by volunteers, information which may include pamphlets prepared by the Fully Informed Jury Association, a federally-recognized 501(c)(3) organization. All costs shall be paid using voluntarily raised funds.

John figured that since runaway government had kept jurors knowledge of their rights in the shadows, he’d use the town warrant article process to heal the damage done.  Connell thinks this idea may catch on and other peaceful individuals may want to try this in their town. He mentioned he’d be happy to show people how easily they could do this too, just contact him at John@Peacefulassemblychurch.org. or (603) 523-7111.

The warrant article got a lot of votes, but in the end it didn’t pass. Undaunted Connell intends to see this project thru. He’ll use his personal funds along with a few donations from friends and supporters.

Please join NHJury.com in giving John a big thumbs up and consider giving a small donation to help fund this project. You might save an innocent person.

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Miami: Jury Acquits Journalist Arrested While Videotaping Police

A jury acquitted a Florida photojournalist who was arrested on January 31 while documenting the eviction of Occupy Miami protesters. The police accused Carlos Miller, author of a popular blog about the rights of photojournalists, of disobeying a lawful police order to clear the area.

- Timothy B. Lee, LibertyCrier.com

One thing that worked in Miller’s favor was that he was able to recover the videography that the police had erased, and use it against them in court.

Unfortunately for nearly all victims of police abuse, there is no evidence such as video.  In many of those instances the false accusations are assumed to be true, especially if all police involved tell the same lie. One wonders how many more  lives will be ruined or damaged by false witness on the part of police? False testimony aided by gullible jurors who refuse to believe that the police are just as human as the rest of us, just as given to sin and corruption can severely impact and victimize innocent people.

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Raw Milk ‘Offenders’ Taking it to Trial

Under the Obama Administration raids and prosecutions of such controlled substances as medical marijuana and raw milk have only increased. Apparently, so has the knowledge among jurors in New Hampshire as well as other states of the power of jurors to acquit their neighbors. Any individual juror can do this by following the dictates of his or her conscience rather than those of people calling themselves government.

To wit, there is a trial scheduled for 7 January 2013 for Wisconsin farmer Vernon Hershberger, on charges that include operating a retail food establishment, farm and dairy plant without licences, and violating a hold order placed on his dairy products after a raid on his farm.

The good news for Hershberger is that momentum and precedent is on his side. In late September, Minnesota farmer Alvin Shlangen was acquitted through jury nullification, having faced three misdemeanor counts of selling unpasteurized milk, operating without a food license and handling adulterated or misbranded food.

Whatever one’s opinion may be about raw versus pasteurized milk, the deeper question remains: Is it any of the state’s business what people (that means you, dear reader) peaceably buy, sell, trade, produce or put in their own bodies?

 

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Quote

Q: How are jurors selected in New Hampshire?

Juries are drawn to represent a cross section of the community. According to the law, very few people are exempt from jury service. You do not need to have any special skills, education, job experience or legal knowledge to be a juror. In New Hampshire, people who are called to serve as jurors are randomly selected from lists provided by the Division of Motor Vehicles and the town or city voter lists. These lists are provided to the Clerks of the Superior Court, who then send out a summons to each juror selected.
Jury Handbook from the State of New Hampshire's Judicial Branch
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Local Cannabis Grower Set Free by New Hampshire Jurors

Free Stater Cathleen Converse and other jurors told the state of New Hampshire that a local Rastafarian neighbor was “NOT GUILTY” of growing illegal plants.


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LewRockwell.com: Live Free and Nullify

The following article, written by Carla Gericke, President of the Free State Project, was featured in Lew Rockwell’s highly acclaimed blog.

Jury nullification plays a vital role in a healthy legal system. It allows people to vote their conscience and nullify bad laws, thus sending a strong message to legislators. This is how alcohol prohibition was overthrown. This is how marijuana prohibition will be overthrown.

On April 13, 2011, a jury in New Hampshire’s Grafton County Superior Court brought residents one step closer to this reality. Bob Constantine, a fifty-two year old man with a bushy white moustache and the slow gait of a man with bad hips, was charged on September 4, 2009 with two felonies for “Manufacturing a Controlled Substance,” and one misdemeanor count of marijuana possession.

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Guerrilla Jurors: Sticking it to Leviathan

It’s not just New Hampshire where the idea of Jury Nullification has come. Read this second article at LewRockwell.com in one week on the power of the juror.

We must close with the enemy and battle him in every arena, including in the courtroom. Give Leviathan no safe place, no place to let down his guard, and instead take the fight straight to him in a place where he thought he was supreme and could not be defeated. One juror, just one, can shut down all the gears, all the levers, and all the apparatus of unjust power, and make it stop. One juror can throw a critical monkey-wrench into the works. And if enough jurors do that, the cursed machine will be prevented from working at all. Just you, a lone liberty guerrilla, in a peaceful, bloodless, mini-revolution of conscience, can drive a dagger into the soft underbelly of the beast and set someone free. Talk about focus of effort! There can be no better time spent in the struggle to directly stop oppression.

Indeed. Only the most ignorant would deny that oppression and tyranny is upon us. Now it’s only a matter of degrees. The courtroom is the front line between Liberty and tyranny.

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Update: The Jury Nullification Bill (HB 146)

As reported at FreeKeene.com, the jury nullification bill HB 146 is up for a state senate vote this Wednesday, 1 June 2011.

If this bill passes and is signed into law it would mean all the activism being done outside of court houses meant to inform potential jury members of their right to nullify a law would be done inside every court room where a jury is present. “In all court proceedings the court shall instruct the jury of its right to judge the facts and the application of the law in relationship to the facts in controversy.”

Stand by for further update.

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