PDA

View Full Version : Judge: You're going to jail for Informing potential jurors




aGameOfThrones
08-01-2011, 11:48 AM
Note: delete if it has already been posted.

http://articles.orlandosentinel.com/2011-07-26/news/os-casey-anthony-free-speech-trial-20110726_1_orange-and-osceola-courthouses-jury-pamphlets-julian-heicklen


Judge Perry sends man with pamphlets to jail

Perry sentenced Schmidter, 64, to roughly five months in the Orange County Jail -- 141 days for violating his first order, regarding jury pamphlets, and 151 days for his second order, regarding free-speech zones. The sentences are concurrent. Perry also handed him a $250 fine for each violation.

Schmidter's attorney Adam H. Sudbury promised an appeal and assured that this particular conflict between free speech rights and the integrity of the jury system will not end with Perry's ruling Tuesday.

"I think it's totally absurd to put someone in jail for 151 days for passing out a leaflet," Sudbury said after his client was sentenced and escorted from the courtroom in handcuffs. "Mr. Schmidter's rights are not going to be determined here in the Ninth Circuit."

For nearly a year, Schmidter had been handing out the pamphlets at the courthouse. He advised jurors they may vote their conscience, they cannot be forced to obey a "juror's oath" and they have the right to "hang" a jury if they don't agree with others on the panel.

Because of such actions, Judge Perry signed court orders at the start of the year blocking the distribution of pamphlets meant to influence jurors outside the Orange and Osceola courthouses.

Then, in anticipation of demonstrations for the Casey Anthony trial, Perry signed another order establishing the free speech zones in early May.

Chief Assistant State Attorney Bill Vose prosecuted the case and told Perry Schmidter may have good intentions but nonetheless had "crossed the line" and deliberately violated the court's orders.

"The defendant is guilty of criminal contempt beyond and to the exclusion of every reasonable doubt," Vose said.

Perry again voiced his concerns about the need to balance free speech rights with the court's obligation to seat impartial juries

He told Schmidter, "If we let people do what they want to do and ignore the laws, it would be utter chaos. To come in and ask jurors to disregard laws…is not what this country is based upon."

dannno
08-01-2011, 12:18 PM
"If we let people do what they want to do and ignore the laws, it would be utter chaos. To come in and ask jurors to disregard laws…is not what this country is based upon."

I'll bet he never even read the pamphlet.

ItsTime
08-01-2011, 12:21 PM
I think it is time for Jury Nullification tv and radio ADS in that district, what do you say?

LibertyEagle
08-01-2011, 12:40 PM
I think right now we need to keep our eyes on the prize and be focused on getting Ron Paul elected.

Bern
08-01-2011, 12:44 PM
http://fija.org/docs/IM_FIJA_Works_To.png

http://fija.org/

Travlyr
08-01-2011, 01:40 PM
I think it is time for Jury Nullification tv and radio ADS in that district, what do you say?

I'm all for it!

Liberty Rebellion
08-01-2011, 01:56 PM
I think it is time for Jury Nullification tv and radio ADS in that district, what do you say?

Heck yeah!

ZanZibar
10-06-2011, 08:13 PM
http://www.youtube.com/watch?v=56mYjoaww20&feature=email

Endgame
10-06-2011, 08:20 PM
I think right now we need to keep our eyes on the prize and be focused on getting Ron Paul elected.

I think we need to be hitting these motherfuckers on all fronts. "groups too numerous to name" to paraphrase the MIAC report. The more fires that are lit and growing, the better. I feel like the whole libertarian thing is about to explode.

KCIndy
10-06-2011, 08:26 PM
I think right now we need to keep our eyes on the prize and be focused on getting Ron Paul elected.


Absolutely.

First thing first. Let's get Ron Paul into the White House. If we don't get some liberty candidates into office, everything else is a moot point.

I'm not knocking the FIJA, not at all. But I think we all need to throw 100% of our efforts behind Dr. Paul for the next several months. Please?? :)

Chester Copperpot
10-06-2011, 08:26 PM
I think it is time for Jury Nullification tv and radio ADS in that district, what do you say?

that would be awesome

fisharmor
10-06-2011, 08:28 PM
"mr. Schmidter's rights are not going to be determined here in the ninth circuit."

fail

Keith and stuff
10-07-2011, 01:05 AM
It is nice to see the Free Talk Live listeners in FL trying to do some of the activism that is common in NH because of Free State Project folks and a couple of locals. Unfortunately, you can get arrested for it in FL unlike in NH. Oh well, maybe those folks will stop visiting NH and actually move here. There activism will go much, much further in NH.

Krugerrand
10-07-2011, 05:43 AM
For nearly a year, Schmidter had been handing out the pamphlets at the courthouse. He advised jurors they may vote their conscience, they cannot be forced to obey a "juror's oath" and they have the right to "hang" a jury if they don't agree with others on the panel.

Because of such actions, Judge Perry signed court orders at the start of the year blocking the distribution of pamphlets meant to influence jurors outside the Orange and Osceola courthouses.
...
He told Schmidter, "If we let people do what they want to do and ignore the laws, it would be utter chaos. To come in and ask jurors to disregard laws…is not what this country is based upon."

He didn't break a law passed the the legislature. He violated a random court order. Better stated: If we let judges make up 'laws' that violate our freedoms, it would be utter chaos.

torchbearer
10-07-2011, 06:31 AM
He didn't break a law passed the the legislature. He violated a random court order. Better stated: If we let judges make up 'laws' that violate our freedoms, it would be utter chaos.

+1

demolama
10-07-2011, 07:01 AM
"If we let people do what they want to do and ignore the laws, it would be utter chaos. To come in and ask jurors to disregard laws…is not what this country is based upon." Someone needs to go back in time and let that anti-American John Peter Zenger's attorney know he wasn't supposed to ask jurors to disregard the law of libel regardless if what Zenger wrote was true. The Law is the Law and to question it would bring chaos!

jmdrake
10-07-2011, 08:47 AM
I think it is time for Jury Nullification tv and radio ADS in that district, what do you say?

That's exactly what I was thinking. And is this judge elected? If so the next time he comes up for election there need to be issue ads attacking him on this, thus killing two birds with one stone.