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| Joined: | Mon Nov 21st, 2005 |
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Kenneth W Medenbach
December 6 at 10:07 PM
During our trial from the Malheur National Wildlife Refuge occupation, l kept thinking of ways to get information to the jurors, that they had the inherent ability to judge the law as well as the facts of our case. In my research l found that in the first 100 years of our country, the jury instructions included the inherent ability of the jurors to judge the law as well as the facts. Then in 1895, the decision in Sparf v United States the United States Supreme Court did not require judges to instruct jurors of this inherent ability.
I had already worn a shirt on the day our trial started inplicating the jurors inherent ability to judge the law and the facts, but l felt that the shirt wasn't enough. After a prayer by our group in the lobby of the court, l asked Shawna Cox if she would answer, yes, quickly to a question l was going to ask her during her testimony coming up that day. I was in a hybrid council with my attorney, Matt Schindler, so l was able to ask questions of anyone's testimony on the stand. Matt Schindler didn't know what l was going to ask. But l knew Judge Brown was going to flip out after l asked this question and l wanted Shawna to answer quickly, so the jurors could understand what we were trying to tell them.
This is how it went, by the grace of God.
Mr. Schindler: "Your Honer, Mr. Medenbach would like to ask Mrs. Cox a couple of questions."
Judge Brown: "You may take a seat sir, and ask the questions."
Medenbach: Q, "Mrs. Cox, are you aware the jury has the inherent power to judge both the law and the facts of this case?"
Mrs. Cox: A, "Yes."
Judge Brown: "STOP!, Jurors, disregard that answer. Do not ask that question again, and do not ask another question like it, Mr. Medenbach, Mr. Schindler, will you review the question, please, as an officer of the court? He can make his record outside the juries presence."
Medenbach: (continuing) Q, "But in Sparf v United States the Supreme Court held that federal judges were not required..."
Mr. Schindler: "Ken, you can't get into that."
Judge Brown: "Mr. Medenbach, STOP. Jurors, I'm not going to let the witness talk about issues of jury nullification, the questions we discussed at jury selection, you have to accept the legal rulings of the court.
Medenbach: "AND THE CORRUPTION CONTINUES!"(loud)
Judge Brown: Q, "Mr. Medenbach, is there any question about the substance of the witnesses testimony you wanted to ask?
Medenbach: A, "That's all the questions that I have."
Neither Shawna Cox or myself were found in contempt of court, but we were not going to leave anything to chance!