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Judge overrules jury in Greenpeace case (Activist Judge)
Anchorage Daily News ^ | August 2nd, 2005 | MEGAN HOLLAND

Posted on 08/02/2005 12:09:00 PM PDT by Species8472

A Ketchikan judge on Monday set aside guilty verdicts returned by a jury against the activist group Greenpeace and the captain of its boat for violating state environmental regulations during a 2004 visit to Alaska.

District Court Judge Kevin Miller provided little reason for his unusual order acquitting the Greenpeace defendants except that, in his judgment, the evidence did not support the guilty verdicts.

"The decision to remove these verdicts from the province of the jury is one that this court does not take lightly," Miller wrote.

Miller presided over the jury trial and was responding to a post-verdict request by the defense to consider a reversal of the convictions.

Assistant attorney general James Fayette, reached in New York while on vacation, said: "I've been a prosecutor in Anchorage for 12 years and I've never seen this. ... I've never heard of it happening."

(Excerpt) Read more at adn.com ...


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events; US: Alaska
KEYWORDS: 3branchesofgovt; activistcourts; activistjudges; court; ecoterrorism; environment; greenpeace; judicialactivism; judicialtyranny; lyingliars; outrage; pc; politicallycorrect; socialists; terrorism; waronterror; wasteoftaxdollars; wasteoftime; wot
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Activist Judge lets the envirowackos off the hook.
1 posted on 08/02/2005 12:09:00 PM PDT by Species8472
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To: Species8472
District Court Judge Kevin Miller provided little reason for his unusual order acquitting the Greenpeace defendants except that, in his judgment, the evidence did not support the guilty verdicts.

Then perhaps he should have been on the jury instead of being behind the gavel.

What an idiot.

2 posted on 08/02/2005 12:10:59 PM PDT by TBarnett34 (Hillary Clinton IS the Great Satan.)
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To: Species8472
And to think...judges go positively nonlinear if anyone suggests nullification to a jury. But when a judge engages in far worse conduct, you can get nailed for contempt-of-court if you don't play along.

"Are you trying to show contempt for this court?"

"No...I'm doing my best to hide it."

3 posted on 08/02/2005 12:12:55 PM PDT by Prime Choice (Thanks to the Leftists, yesterday's deviants are today's "alternate lifestyles.")
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To: Species8472


Appointment info?


4 posted on 08/02/2005 12:13:33 PM PDT by Fido969 ("The story is true" - Dan Rather)
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To: Species8472

Judicial supremacy..."I'm smarter than you ignorant jurors"!


5 posted on 08/02/2005 12:13:46 PM PDT by clintonh8r (Liberals preach comity and practice calumny.)
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To: Species8472
Elected Judge or Appointed Judge?

So9

6 posted on 08/02/2005 12:14:18 PM PDT by Servant of the 9 (Trust Me)
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To: Species8472

So why do we bother with juries?

This is a prime example of jury nullification if I ever was one.


7 posted on 08/02/2005 12:14:33 PM PDT by Wingrider (Liberal-A person so intelligent they become STUPID)
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To: Species8472

Guess they found out how much it cost to buy him...


8 posted on 08/02/2005 12:14:33 PM PDT by SouthernBoyupNorth ("For my wings are made of Tungsten, my flesh of glass and steel..........")
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To: Fido969

Probably an elected position.


9 posted on 08/02/2005 12:14:42 PM PDT by clintonh8r (Liberals preach comity and practice calumny.)
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To: Fido969

Judge Kevin G. Miller was appointed to the Ketchikan District Court, First Judicial District in 1999 by Governor Tony Knowles.(Liberal Democrat and noted environmentalist) He replaced Judge Patricia Collins.


10 posted on 08/02/2005 12:19:21 PM PDT by Species8472
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To: Species8472

Can it be reversed?.......


11 posted on 08/02/2005 12:19:36 PM PDT by Red Badger (Want to be surprised? GOOOOGLE your own name. Want to have fun? GOOOOGLE your neighbor's......)
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To: Species8472


Part of the Clinton-era subversion of the judiciary. Another "bad seed" left by the minions of The Bent One.


12 posted on 08/02/2005 12:27:04 PM PDT by Fido969 ("The story is true" - Dan Rather)
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To: Prime Choice

"Are you trying to show contempt for this court?"

"No...I'm doing my best to hide it."

Remember the TV series Soap? Jessica Tate was on the stand when the judge threatened to hold her in contempt. Her response was, "Why should I be held in contempt? It's the court that's acting contemptible." One of my all time favorite lines from a TV show.


13 posted on 08/02/2005 12:27:18 PM PDT by rwa265
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To: Red Badger

More important question, can the judge be impeached?

He can't do the job.


14 posted on 08/02/2005 12:29:46 PM PDT by weegee (The Rovebaiting by DUAC must stop. It is nothing but a partisan witchhunt.)
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To: Species8472

Why bother having a jury?

Lords and peasants, that is what this country is coming to.


15 posted on 08/02/2005 12:39:22 PM PDT by sandbar
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To: Prime Choice
"Are you trying to show contempt for this court?"

"No, Your Dishonor; I have the utmost respect for this Hallowed Court. I'm only contemptuous of the contemptible masquerader, who has infiltrated this respected Court, and who is currently illicitly occupying it's hallowed bench, impersonating an honorable judge."

I guess this "judge" believes that a person has a constitutional right to a trial by a jury of his peers, so long as the jury's decision argees with his opinion.

Actually, I realize he does have the power to set aside for cause, but does he not have an obligation to spell out in detail where the jury erred?

16 posted on 08/02/2005 12:41:28 PM PDT by ApplegateRanch (The Marching Morons are coming...and they're breeding beyond all reason!)
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To: rwa265

>>>One of my all time favorite lines from a TV show.

One of mine is from the same show. Billy Crytal is spouting about all the famous homosexuals "Plato, Sacrates, etc..." After he walks out of the kitchen, Jessica sits there with a blank-shocked face and said "Mickey Mouse's dog was gay?!?!"


17 posted on 08/02/2005 12:49:42 PM PDT by sandbar
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To: Species8472

Some animals are more equal.


18 posted on 08/02/2005 1:07:53 PM PDT by Eric in the Ozarks (Scratch a Liberal. Uncover a Fascist)
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To: Species8472
Under state law, a non-tank vessel larger than 400 gross tons must file an oil spill response plan application with the state, including a certificate of financial responsibility and an oil spill contingency plan.

Scratchin my head....this ain't a he said/she said case.
Either the law was broken or not.
Either the vessel was non-tank larger than 400 gross tons or not.
Either they had an oil spill response plan or not.
19 posted on 08/02/2005 1:10:40 PM PDT by stylin19a (In golf, some are long, I'm "Lama Long")
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To: Species8472

I hope they appeal to a federal circuit court or the state supreme court


20 posted on 08/02/2005 1:12:32 PM PDT by adam_az (It's the border, stupid!)
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