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San Diego jury erases 'stupid' chalk charges
Associated Press ^ | Jul 2, 9:40 AM EDT | ELLIOT SPAGAT

Posted on 07/02/2013 9:33:02 AM PDT by Usagi_yo

SAN DIEGO JURY ERASES 'STUPID' CHALK CHARGES

[ ... major snippage] The judge, who imposed a gag order on participants during the trial, refused to allow Olson's attorney to argue that the messages were constitutionally protected free speech. [... snip]

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Arts/Photography; Business/Economy; Conspiracy; Society
KEYWORDS: bankofamerica; jurynullification

1 posted on 07/02/2013 9:33:02 AM PDT by Usagi_yo
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To: Usagi_yo

Fortunately the defendant didn’t use the water-soluble chalk to write pro-life slogans on the sidewalk. That would have been a felony offense in Calipornia.


2 posted on 07/02/2013 9:39:19 AM PDT by Carl Vehse
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To: Usagi_yo

More proof that judges work for THE GOVERNMENT, not for the constituion, which is designed to protect people FROM the government.


3 posted on 07/02/2013 9:39:59 AM PDT by Fido969
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To: Usagi_yo

Why don’t the popos and preosecutor go after all of those little kids chalking up (defacing) the public sidewalks with those hopscotch boxes?


4 posted on 07/02/2013 9:41:13 AM PDT by Paladin2
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To: Usagi_yo
Juries can protect Occupy type lefties too, if they so choose.
5 posted on 07/02/2013 9:43:40 AM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: Usagi_yo

Speaking as a former Prosecutor, I’d seriously consider firing the idiot that charged this and/or didn’t dismiss it.


6 posted on 07/02/2013 9:47:24 AM PDT by RIghtwardHo
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To: Usagi_yo

No doubt he will be recharged with violating civil rights now....


7 posted on 07/02/2013 9:54:32 AM PDT by donmeaker (Blunderbuss: A short weapon, ... now superceded in civilized countries by more advanced weaponry.)
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To: RIghtwardHo

This seems like a case of jury nullification; the man clearly did write on the sidewalk, making him factually guilty of the action he was charged with, and that is typically all the jury is allowed to consider - not with whether the charge fit the law or the law was reasonable.


8 posted on 07/02/2013 10:00:24 AM PDT by Glenmore
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To: Usagi_yo

Jury nullification. May the jurors never admit it and be jailed for contempt of court.


9 posted on 07/02/2013 10:03:30 AM PDT by null and void (Republicans create the tools of oppression, and the democrats gleefully use them!)
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To: Usagi_yo
The trial was the latest in a series of dustups between City Attorney Jan Goldsmith, who prosecuted the case, and Mayor Bob Filner, who called it a "nonsense prosecution" that came in response to complaints from Bank of America.

Crony capitalism at it's best? And, as always, who pays for it?

10 posted on 07/02/2013 10:05:54 AM PDT by GBA (Our obamanation: Animal Farm meets 1984 in A Brave New World. Crony capitalism, chaos and control.)
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To: donmeaker

It’ll be called chalk abuse or violating the rights of calcium-Americans


11 posted on 07/02/2013 10:06:02 AM PDT by muir_redwoods (Don't fire until you see the blue of their helmets)
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To: null and void
Jury nullification.
I've served on two juries in the last few years and each time, the judge (same guy, now retired) went into a very long sermon/lecture/diatribe warning the jury about daring to try nullification. He never used the word, but it was very clear to me. I thought to myself each time, "KMA, yer honor - we'll decide the case, not you."
12 posted on 07/02/2013 10:14:37 AM PDT by dainbramaged (Joe McCarthy was right.)
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To: dainbramaged
The last three times I was in the pool two of the three judges said the would NOT tolerate any hint of this "jury nullification nonsense" in THEIR courts.

The third judge didn't mention jury nullification by name, but made a point of detailing the proper ways of getting a law changed, petitioning the legislature, running for office, public protest, rioting in the streets (OK, she didn't actually say "rioting in the streets"), etc. and if we disagreed with a law we should explore those options rather than taint the legal process as a juror.

13 posted on 07/02/2013 10:35:08 AM PDT by null and void (Republicans create the tools of oppression, and the democrats gleefully use them!)
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To: Paladin2

Sadly in some cities they have.


14 posted on 07/02/2013 11:16:19 AM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: null and void
May the jurors never admit it and be jailed for contempt of court.

I may be wrong, but once the trial is over I don't believe the judge can assess contempt of court, at least not for statement made outside of court.

At least I've never heard of anyone being jailed for jury nullification.

Though I have heard a foolproof way of getting out of jury duty is showing up with a copy of The Fully Informed Juror to read while waiting around.

15 posted on 07/02/2013 11:29:10 AM PDT by Sherman Logan
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To: Sherman Logan

No idea, but I wouldn’t put it past 2 out of three judges (see post #13) to try.

One could spend months in jail while it worked its way up through the system.


16 posted on 07/02/2013 11:47:21 AM PDT by null and void (Republicans create the tools of oppression, and the democrats gleefully use them!)
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To: GBA; RIghtwardHo

“The trial was the latest in a series of dustups between City Attorney Jan Goldsmith, who prosecuted the case, and Mayor Bob Filner, who called it a “nonsense prosecution” that came in response to complaints from Bank of America.”

As a former prosecutor myself, I would say a “City Attorney” is not real prosecutor. I would expect my deputy prosecutors would have a lot more significant cases to pursue than this.

We have a large, outdoor music ampitheater in our jurisdiction with a large grass/lawn seating area. One year, they booked a rowdy death metal concert, and the attendees tore up the sod in the lawn area and threw it at each other. The following year they booked the same concert, and this time staked down huge canvas tarps over the lawn area. This time, the attendees ripped up the tarps to get to the sod so they could tear it up and throw it at each other. The amphitheater staff had the off-duty cops/security guys arrest a bunch of the attendees, but certainly in no way all of the ones who tore up the sod. I refused to file charges and had them all released. My office was not there to guarantee a profit for the management when they knew full well who they were inviting into their house. My action deterred them from booking the act again, which is really a much better outcome for the community and all involved.


17 posted on 07/02/2013 12:28:01 PM PDT by henkster (The 0bama regime isn't a train wreck, it's a B 17 raid on the rail yard.)
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To: Usagi_yo

Can we fly this jury to Sanford, FL?


18 posted on 07/02/2013 12:33:19 PM PDT by Veggie Todd (What difference does it make?)
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To: null and void

Ran across a case from 1996(?) where a juror in CA hung the jury and then later bragged about her nullification.

She was prosecuted and convicted, but not for contempt of court. Some jury tampering charge or such. Appeals followed over several years and the case was eventually dropped.

But in this case they had evidence from before the trial that the juror never intended to address the issues fairly. I don’t think a judge can do a thing against a juror who simply came to a different opinion during deliberation. Especially if he keeps his mouth shut.


19 posted on 07/02/2013 2:11:52 PM PDT by Sherman Logan
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To: Sherman Logan

One would also have to hope that none of the other jurors squealed.

Still it’s a tiny bit comforting that she wasn’t detained on a contempt charge.


20 posted on 07/02/2013 2:16:18 PM PDT by null and void (Republicans create the tools of oppression, and the democrats gleefully use them!)
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