Posted on 01/12/2007 2:09:53 PM PST by Wasichu
Fincher Guilty In Machine Gun Case Friday, January 12, 2007 3:37 PM CST
It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.
Closing arguments in federal court in Fayetteville wrapped at mid-morning and the case went to the federal jury about 10:30 a.m. The jury returned its verdict about 3:20 p.m.
Anyone know how long till court records and transcript will be available?
Now, hopefully, this will go to the next level court on appeal.
Ping!
I heartily recommend John Ross' book, "Unintended Consequences".
The story has been updated and expanded...here is the new version online (same weblink):
[b]Fincher Guilty In Machine Gun Case
This article was published on Friday, January 12, 2007 3:37 PM CST in News By The Morning News[/b]
It took a jury just under five hours to find Hollis Wayne Fincher guilty of owning illegal machine guns and a sawed-off shotgun.
Closing arguments in federal court in Fayetteville wrapped at mid-morning and the case went to the federal jury about 10:30 a.m. The jury returned its verdict about 3:20 p.m.
According to police, Fincher had two .308-caliber machine guns, homemade versions of the Browning model 1919. The other firearms were 9 mm STEN design submachine guns and a sawed-off shotgun.
The defense tried to make the case an issue of the Constitution versus federal gun laws. The government tried to make the case as simple as possible for jurors — Fincher had the machine guns and they weren’t registered as required by federal law.
A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not.
Bump for later study.
How can someone in good concience vote to convict someone who wasn't allowed to voice his defense in court? I certainly would not.
I would love to hear the instructions the jury was given.
The following comment was posted on "The Morning News" website in regards to this story, view at http://www.nwaonline.net/articles/2007/01/12/news/011207fincherguilty.txt
Quote:
Thomas wrote on January 12, 2007 4:23 PM:
"Just got off the phone with the GOA and with Fincher's legal defense fund chief. I'm donating a STI Texican serial numbered Fincher 001 as a fund raiser. Details on the raffle and legalities of a national/international gun raffle are being determined as we speak. If you aren't able to receive a firearm through an FFL or have an FFL or an equivalent in your country of residence than just contribute to the appeal funs at: The Wayne Fincher Defense Fund” at 2225 North Mockingbird Lane, Fayetteville, AR 72703. Some of us shall not go gently into a world of chains and thieves. Should have things sorted by Monday or Tuesday at the latest. posting updates will be at http://amishtomsgunland.blogspot.com/"
Given that the defense was denied the opportunity to present their Constitutional defense, perhaps they felt a guilty verdict was a given, and was just waiting for it so they could start the procedural appeal based on that denial.
IOW, maybe this is unfolding according to their game plan.
Note...weblink to expanded story is actually:
http://www.nwaonline.net/articles/2007/01/12/news/011207fincherguilty.txt
After what happend to Michael New, I still think his plan unwise. I have scanned his "Silver Bullet Letter", but it does not matter how Constitutionally valid his claims are in today's courts.
How the in HELL does that square with innocent until proven guilty?
It's really getting close to time.
"A major issue was whether the Militia of Washington County is a valid state militia for second amendment purposes. Judge Jimm Larry Hendren ruled it’s not." The judge is likely correct that the Militia of Washington County is not a valid state militia. Valid state militias have officers appointed by the state governor. This guy was not an officer in the state militia. Also, if Fincher is over 45, he is not a member of the Militia of the United States under US Code TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311. That said, the right to keep and bear arms is a right of the people, not a right of the state. This is a bum rap, but you'd have to look pretty hard to get a judge who wasn't in on the conspiracy to disarm us.
I don't know this case but in any case...BLOAT
People don't need to be members of no steeinking militia to exercise an inalienable right.
How the in HELL does that square with innocent until proven guilty?
The judge didn't say the defendant couldn't testify. He said the defendant couldn't argue to the jury that the law was unconstitutional, because that is a question of law for the judge (and the appellate courts).
That (right or wrong) is how our system has operated since 1895, when the Supreme Court ruled that defendants could not argue legal issues (or jury nullification) to the jury.
He can still argue the constitutionality of the law on appeal, but that will be decided by the appellate court, not by a jury.
The issue has gone beyond "(right or wrong)" -- Such arguments completely ignore the defendants 5th & 6th amendment rights, --- in order to prevent jury nullification.
"-- At the time of the American Revolution, the jury was known to have the power to be the judge of both law and fact.
In a case involving the civil forfeiture of private property by the state of Georgia, first Supreme Court Justice John Jay, instructed jurors that the jury has "a right to determine the law as well as the fact in controversy."
(Georgia vs. Brailsford, 1794:4)
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