Jose announced his plan to get Reno acquitted.

[Demosthenes]

GOVERNMENT’S AMENDED WITNESS LIST
Robert Adams
James Allandydy
Randall Aug
Deno Balos
Glenn Barbour
Jamie Berry
Todd Bille
Scott Blansfield
John Bolen
Susan Bonnet
Warren Blum
Rebecca Brink
Adam Lynn Buynak
Karen Carney
Steve Charves
Phil Christiana
Christopher Conway
John Cook
Matthew Coughlin
John DiBernardo
Lawrence Dore
Anthony Dorothy
Peter Dreifuss
Joel Edington
Michael Eldridge
Kenneth Erickson
Scott Ferguson
John Forte
Scott Fulkerson
Daniel Futrell
Thomas Gagnon
William Gerke
Gordon Gillens
Steven Glenn
Arnulfo Gutierrez
John P. Hall
Sean Harrington
Matt Kelsch
Gregory Kleese
Neal Lee
Albert Linquist
Gary Mattison
Shane McDonald
Melinda McPhereson
Edward Mitchell
Michael Murray
Peter Murray
Laura Noseworthy
Kenneth Nunes
Brian Platt
Miguel Portalatin
Michael Powell
Kimberly Pritula
Andrew Przedpelski
Edward Recor
Alison Rees
Russell Riley
Joseph Robatelli
Eugene Robinson
Alan Rolinec
Linda Sala
Michael Sanders
Randy Shepard
Lawrence Smith
Melissa St. Claire
Thomas Stevens
Daniel Tanner
Richard Tatem
David Taurino
Joseph Thomas
Carlos Trevious
Craig Tufano
Daniel Walsh
Christopher Waskey
Robert Wolffe
Roy Wright
Ernie Yerrington
Custodian of Records, Wal-Mart Middle Island, New York
Custodian of Records Yahoo
Custodian of Records Hotmail

[AFTP]

Where did the idea of Jury nullification come from?

[Dr. Caligari]

Where did the idea of Jury nullification come from?

In colonial times, it was the only defense against oppressive British laws; jury nullification was, for example, crucial to the acquittal of John Peter Zenger. Because of cases like that, the doctrine of jury nullification had some appeal to the Founders, and some court decisions from the early history of the U.S. speak of the jury's right to "determine the facts and the law," although it is now a matter of debate to what extent juries were really permitted to do so in practice.

The issue was somewhat unclear in U.S. law until 1895, when the Supreme Court held that the jury has the power of jury nullification, but that the judge does not have to tell the jury they have this power and doesn't have to permit the lawyers to argue it to the jury. That is pretty much where the law stands today.

[Demosthenes]

From: Jose M.
Date: Mar 17, 2008 10:03 PM
Subject: Judge won't tell them. Jury nullification
Body: The Freedom Three & We can win this.
Please, repost and tell your friends; tell your family; hell tell your enemies!
Especially concentrate in the New England area where the jury pool must know their rights of Jury Nullification!
Cirino "Reno" .....Jason..... & Danny may have no other chance in this kangaroo court.

The Patriot Dictionary

Kangaroo Court = Any court in which the patriot is found guilty, no matter how guilty of the crimes he actually is.

[Bud Dickman]

GOVERNMENT’S AMENDED WITNESS LIST

Which one is "Dutch"?

[Demosthenes]

Danny's witness list.

NOW COMES the accused, Daniel Riley, by and through counsel, Sven D.
Wiberg, and presents the following list of witnesses who may be called during the
defense case. The accused also reserves the right to call any witnesses identified in the
lists submitted by the other parties and reserves the right to call other witnesses as he
deems necessary to rebut and answer the Government’s evidence as adduced at trial.
1. Ed Brown, presently in federal custody
2. Elaine Brown, presently in federal custody
3. Jim Hobbs
4. Terry Melton, Austin, Texas
5. Torin Wolf, Austin, Texas
6. Jason Worsley, Austin, Texas
7. Randy Weaver, Arkansas
8. Keith Champagne, Pawtucket, Rhode Island
9. Joe Haas, Concord, New Hampshire
10. Bernie Bastion, Weare, New Hampshire
11. Margo Sanger Katz, Concord Monitor reporter
12. Lauren Canario
13. William M. Gardner, N.H. Secretary of State
14. David Scanlon, Deputy N.H. Secretary of State
15. Sylvia Larson, N.H. Senate President
16. Terry Norelli, N.H. Speaker of the House
17. Erwin Waugh, Enfield N.H.
18. Stephen Monier
19. Gary Mattison
20. James Alandydy
21. Jamie Berry
22. Greg Holmes
23. Ken Nunes
24. Mr. Cope (first name unknown)
25. Mr. Marmara (first name unknown)
26. Jeffrey Baptista
27. Scott Hariman
28. Neil Sullivan
29. Brandon Lamora
30. Jason Byham
31. Craig Babcock
32. Ted Gloo
33. Jeffery White
34. Mr. Hoffmaster (first name unknown)
35. Mr. Morgan (first name unknown)
36. Mr. Moore (first name unknown)
37. Mr. Liffey (first name unknown)
38. Mr. Weber (first name unknown)
39. Mr. Ski (first name unknown)
40. Mr. Leo (first name unknown)
41. David Dallaire
42. Ed Recor
43. Michael Allen
44. Jeff Mertes
45. Joe Buchanan
46. William Mayo
47. Marc Maurino
48. Danny Futrell
49. Todd Bille
50. Michael Powell
51. Mark Alford
52. Philip Christiani
53. Gordon Gillens
54. Lawerence Dore
55. All government agents involved in case, including unidentified helicopter
and aircraft pilots
56. Massad Ayoob, Concord, NH - possible expert witness on firearms issues

[Imalawman]

Scoop is getting thrown into the mix now? At least she might have a first hand seat at the trial. What would be the rules on her reporting on and testifying in the case?

[AFTP]

Where did the idea of Jury nullification come from?

In colonial times, it was the only defense against oppressive British laws; jury nullification was, for example, crucial to the acquittal of John Peter Zenger. Because of cases like that, the doctrine of jury nullification had some appeal to the Founders, and some court decisions from the early history of the U.S. speak of the jury's right to "determine the facts and the law," although it is now a matter of debate to what extent juries were really permitted to do so in practice.

The issue was somewhat unclear in U.S. law until 1895, when the Supreme Court held that the jury has the power of jury nullification, but that the judge does not have to tell the jury they have this power and doesn't have to permit the lawyers to argue it to the jury. That is pretty much where the law stands today.

So what would a Judge do today if a jury tried nullification?
Would it be a mistrial or would the jury be held in contempt?

[The Observer]

55. All government agents involved in case, including unidentified helicopter
and aircraft pilots
56. Massad Ayoob, Concord, NH - possible expert witness on firearms issues

What makes Danny think that the U.N. is going to cooperate and have the Black Helicopter pilots appear in court?

And possible expert? Danny doesn't know if this witness knows anything about guns or not?

[Judge Roy Bean]

...
So what would a Judge do today if a jury tried nullification?
Would it be a mistrial or would the jury be held in contempt?

In Federal criminal cases, a serious attempt at jury nullification on the part of one or more jurors could easily result in a hung jury and resulting mistrial because the verdict has to be unanimous. The participants in such a thing would likely be revealed when the jury was polled, and prosecutors have been known to motion courts to hold them in contempt if they find out the juror was not honest during the selection and voir dire.

[Bud Dickman]

Danny's witness list
8. Keith Champagne, Pawtucket, Rhode Island
9. Joe Haas, Concord, New Hampshire
13. William M. Gardner, N.H. Secretary of State
14. David Scanlon, Deputy N.H. Secretary of State
15. Sylvia Larson, N.H. Senate President
16. Terry Norelli, N.H. Speaker of the House



Is it the Fed’s have no jurisdiction defense?

[webhick]

100 Quibbies say that Randy and Ed's names appearing on both Danny's and Reno's witness lists is just a ploy to get to play the song "Reunited" in a court room.

[Dr. Caligari]

So what would a Judge do today if a jury tried nullification?
Would it be a mistrial or would the jury be held in contempt?

If the jury acquits the defendant, that is that-- the Government cannot appeal and the jury cannot be punished. That is why courts say that jurors have "the power, but not the right" to nullify. If it comes out during deliberations that one juror is trying to nullify, some courts say that that juror can be excluded and replaced by an alternate; I don't think all courts agree. If the jury cannot reach a unanimous verdict, for whatever reason, there will be a mistrial, and the government can re-try the case if it chooses.

[ErsatzAnatchist]

55. All government agents involved in case, including unidentified helicopter
and aircraft pilots
56. Massad Ayoob, Concord, NH - possible expert witness on firearms issues

What makes Danny think that the U.N. is going to cooperate and have the Black Helicopter pilots appear in court?

And possible expert? Danny doesn't know if this witness knows anything about guns or not?

Massad Ayoob is a part-time police officer (or at least was one) and prolific writer in assorted gun rags as well as a few books. He has testified in a number of cases as an expert witness, most notably in the justifiable use of force and self-defense type cases. He is also the director and an instructor at the Lethal Force Institute (an training organization for those interested in carrying for protection). He does not suck on paper.

I suspect that Mr. Ayoob would have nothing to do with Dogwalker given his efforts to put police officer's lives in danger. While there are those who would claim that Ayoob is a pompous ass, he would not come to the aid of a bunch of anti-gun nutcases intent of starting another Waco.

I have never meet Mr. Ayoob, but have read a few of his articles and a book. As far as gun magazine stuff, it is better than average. I would want him as an expert if I were alleging a self-defense shooting.

[ElfNinosMom]

Terry Melton is that "documentary filmmaker" who claimed that a Marshal said he'd "f**k [him] up [his] a*s" if he interfered with the investigation.

If a Marshal really said that, it's really quite inappropriate language; but at the same time, it was completely misinterpreted.

Melton interpreted the statement as a rape threat, and that's how it's been repeated. The typical headline is "Terry Melton Exposes Rape Threat By US Marshal!" Seemingly no one has come forward to admit that they know what that statement really means. Yet, the real meaning is far more questionable than the meaning he attributed, since no one believes a US Marshal is really going to anally rape a suspect.

Of course, taking things either way too literally or not literally enough, as it suits their purposes, is a hallmark of the movement. There seems to be no gray area (literally, as in brain matter, or figuratively) with these people.

I wonder if Reno is calling him as a witness to say he was threatened with anal rape by a US Marshal and, if so, what pertinence that would have to Reno's case?

[AFTP]

So what would a Judge do today if a jury tried nullification?
Would it be a mistrial or would the jury be held in contempt?

If the jury acquits the defendant, that is that-- the Government cannot appeal and the jury cannot be punished. That is why courts say that jurors have "the power, but not the right" to nullify. If it comes out during deliberations that one juror is trying to nullify, some courts say that that juror can be excluded and replaced by an alternate; I don't think all courts agree. If the jury cannot reach a unanimous verdict, for whatever reason, there will be a mistrial, and the government can re-try the case if it chooses.

Does this happen fairly often?
I'd think not many people know about such things.

[Dr. Caligari]

Does this happen fairly often?
I'd think not many people know about such things.

A juror doesn't have to know the words (or even the concept) of jury nullification to vote to acquit a defendant they believe is actually guilty in order to "send a message" (arguably what happened in the O.J. Simpson case) or because they think the charged conduct shouldn't be illegal. Prosecutions for mere possession of small amounts of marijuana are very rare these days, partly because prosecutors have learned that juries often won't convict even if the evidence is clear. Ditto for obscenity prosecutions not involving child pornography.

[Demosthenes]

If it weren't for jury nullification, the show Boston Legal wouldn't exist. The concept is in practically every episode.

[Doktor Avalanche]

If it weren't for jury nullification, the show Boston Legal wouldn't exist. The concept is in practically every episode.

It makes one wonder if the writers for Boston Legal aren't jury nullifiers themselves.

[Quixote]

I witnessed it on a very low level - traffic court. Texas law allows jury trials for Class C misdeamenors, such as going 55 MPH in a 35 MPH zone. I was on one such jury. There were 6 of us. One of the jurors agreed that the prosecutor had proved all the elements of the charge, but refused to say (or write, etc.) "guilty" when we voted. She was convinced that the cop had singled the defendant out because he was young.

She was awaiting her own trial for speeding, but had said during voir dire that she would not let that influence her judgment. Maybe she thought that was the truth when she said it, but it was obvious during deliberations that she thought she was a victim of cop persecution. Over 2/3 of the jury pool had received a ticket in the last year and half of those were unresolved. Only one guy said his unresolved ticket would influence his judgment. (I thought he was going to dance when the judge dismissed him.) The chances were pretty good of getting someone on the jury who was not entirely disinterested in the outcome of the trial.