Date: Wed, 04 Apr 2001 08:27:27 -0700 From: spooner@doitnow.com (Rick Tompkins/Kathy Harrer) Subject: [lpaz-repost] Judge drops charges in jury leaflet case To: lpaz-repost@yahoogroups.com
>Date: Tue, 3 Apr 2001 21:59:02 -0700 (MST)
>From: Jury Rights Project <jrights@levellers.org>
>X-Sender: jrights@saturn.eagle-access.net
>To: Jury Rights Project <jrights@levellers.org>
>Subject: Judge drops charges in jury leaflet case
>
>Aspen Daily News
>http://www.aspendailynews.com/
>
>March 9, 2001
>Potential juror booted for handing out flyers
>
>By Rick Carroll/Aspen Daily News Staff Writer
>
>Jerry Begly said all he wanted to do was inform potential jurors of their
>rights. Instead, Pitkin County Judge Erin Fernandez-Ely gave him the boot
>Friday.
>
>Begly, summonsed for jury duty for a criminal trial, was dismissed from the
>juror pool after passing out leaflets to potential jurors in the hallway
>before jury selection started.
>
>He faces contempt of court charges. A "show cause" hearing for why he
>should not be held in contempt has been set for Wednesday.
>
>Begly, 43, said his free speech rights were violated by being dismissed
>from jury duty. Fernandez-Ely declined comment.
>
>The incident occurred after 8 a.m., when juror candidates were filing into
>county court. Begly stood in the hallway, distributing copies of literature
>from the "Citizens Rule Book."
>
>The leaflet featured quotations from past U.S. Supreme Court justices, such
>as Oliver Wendell Holmes and Samuel Chase.
>
>It also had unattributed quotes, such as "The only power the judge has over
>the jury is their Ignorance!" and "One juror can stop tyranny with a 'Not
>guilty vote!' He can nullify bad law in any case, by 'hanging the jury!'"
>
>But the leaflets were quickly removed from jurors' hands after court
>bailiff Mary Ashkiilgaii discovered them being handed out. Begly was taken
>to the judge's chambers and was ordered to leave.
>
>"I was just doing my duty as a bailiff and watching the jurors," said
>Ashkiilgaii, who said she'd never seen this type of activity during jury
>selection.
>
>Begly, who is not affiliated with any political party, said he was handing
>out the leaflets "because a jury can nullify bad laws," he said. "The jury
>also can solve the blows of bad laws. The people have the power and I've
>seen some bad verdicts go through the courts."
>
>The ski instructor, who says he's for "far less government," said his free
>speech rights were infringed upon by the dismissal.
>
>"I have First Amendment rights and the judge is trampling on them," he said.
>
>Martin Roschko, a juror candidate who did not serve, said Begly may be right.
>
>Roschko, an attorney for 40 years, said he saw the leaflet and thought it
>was actually being distributed by the court. Begly was not wearing his
>juror badge while handing out the literature.
>
>"I think he has the right to do that," Roschko said. "My own opinion is I
>don't think he disturbed the judicial system in any way."
>
>------------------------------------------------------------------------
>------------------------------------------------------------------------
>
>March 14, 2001
>Judge drops charges in jury leaflet case
>By Rick Carroll/Aspen Daily News Staff Writer
>
>The intriguing contempt of court case against Jerry Begly ended with more of
>a whimper than a bang Tuesday.
>
>Saying it was "in the interest of judicial economy," a Pitkin County judge
>dropped contempt charges against Begly, whom she dismissed from jury duty
>last week for handing out constitutional propaganda to juror candidates.
>
>A former member of the Army Special Forces and anti-gun control advocate,
>Begly deemed the dismissal a "huge victory."
>
>He said word had spread through the Special Forces community, and he'd
>received "sympathetic" telephone calls from likeminded folks in Mississippi,
>Montana and California.
>
>"In Special Forces we call this 'force publication,'" he said. "We've got
>the word out."
>
>The hearing, in which Begly, 43, of Snowmass, was to "showcause" why he
>should not have been held in contempt, had been set for today.
>
>Begly was set to ignite some legal fireworks in the hearing. Instead, the
>case that baffled law experts quietly faded away.
>
>On Friday, prior to jury selection for a criminal trial, Begly, not wearing
>a jury badge, stood in the hall outside the courtroom, handing fliers to
>potential jurors as they filed inside.
>
>The leaflets were copies from the "Citizens Rule Book," and included
>unattributed quotes, such as "The only power the judge has over the jury is
>their Ignorance" and "One juror can stop tyranny with a 'Not guilty vote!'
>He can nullify bad law in any case, by 'hanging the jury!'"
>
>Also quoted were former U.S. Supreme Court judges, such as Oliver Wendell
>Holmes and Samuel Chase. A court bailiff took away the fliers from the
>potential jurors.
>
>According to Tuesday's "order vacating hearing" written by Judge Erin
>Fernandez-Ely, "a juror is required to follow the law as instructed by the
>Court. The bias and prejudce against this principle of law was evident in
>the written materials distributed by the juror ... No further action was
>necessary to assure the orderly conduct of the trial.
>
>"In the interest of judicial economy, the hearing is vacated and the juror
>discharged from any obligation with respect to this case and this Court."
>
>The judge would not comment about the ruling, but Begly said it only proved
>"she was so far wrong she couldn't let me back in her court. She will never
>admit she was wrong."
>
>Begly said his First Amendment rights were violated because the literature
>was taken away from the prospective jurors.
>
>"No. 1, the government cannot censor based on content," he said.
>
>He also said because local newspapers are available in the courthouse, he
>should have been allowed to distribute his own literature there.
>
>"Judge Ely-Fernandez has not seen the last of these brochures," Begly said,
>adding he'll be handing them out all over town.
>
>Asked if he would do the same thing again if summonsed for jury duty, Begly
>replied, "absolutely."
>
>------------------------------------------------------------------------
>Re-distributed by the:
>Jury Rights Project <jrights@levellers.org>
>Web page: <http://www.levellers.org/jrp>
>To be added to or removed from the JRP mailing list,
>send email with the word SUBSCRIBE or UNSUBSCRIBE in the title.
>------------------------------------------------------------------------
>
>
>
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