Not just free speech, under the First Amendment, but it is law that he is leafletting.
[From article]
MECOSTA COUNTY, Mich. — A Mecosta man is charged with a felony for obstruction of justice and misdemeanor of tampering with a jury for passing out fliers about jury nullification rights on the sidewalk of the Mecosta County courthouse.
Keith Wood, 39, faces these charges after handing out about 50 fliers on Nov. 24, which the Fully Informed Jury Association wrote, that describe juror rights that are typically not given by judges during jury instructions before a trial.
[. . .]
“It’s just a blatant illegal improper use of government power to squelch a person’s Constitutional rights of free speech, that’s what this is,” said Kallman.
"There has to be push-back, and judges and prosecutors and people need to know: you cannot squelch people’s free speech rights and get away with it."
[. . .]
"To me, I just feel like the justice system would be much better off, and we the people would be much better off if jurors were fully informed again."
The pamphlets Wood handed out specifically discuss jurors' right to vote their conscience, also known as jury nullification of law. Jury nullification occurs when a jury acquits a defendant, despite evidence, because they either believe the law is immoral or wrongfully applied.
However, since the late 1800's many judges have omitted jury nullification from their jury instructions, though Kallman said it is implied.
[. . .]
“It’s free speech for goodness sake,” said Kallman. “The Judge directly ordered him to be arrested for jury tampering, for tampering with a jury that didn’t exist, now wrap your head around that.”
[. . .]
judge wanted to speak with him. Wood said the third time personnel came outside a deputy threatened to call Big Rapids Police to arrest him. At that point, Wood went inside to speak with the judge, but was told he was not being detained.
“She (courthouse personnel) wasn’t being rough but she was kind of corralling me and she was touching my jacket, and so I asked her again, I said, “Am I being detained?” And she goes, ‘No,’” described Wood.
[. . .]
“Judge Jaklevic came out of his chambers, he looked at me, he looked down the hall, I didn’t know who he was looking at, and then he looked back towards me and the deputy and he said, ‘Arrest him for jury tampering,'" said Wood.
http://fox17online.com/2015/12/01/man-charged-with-felony-for-passing-out-fliers-in-front-of-courthouse/
“I was speechless:” Man charged with felony for passing out jury rights fliers in front of courthouse
POSTED 1:32 PM, DECEMBER 1, 2015,
No comments:
Post a Comment