Now that the Tenth Circuit Court of Appeals has ruled the Reese family will not get a new trial ordered by a District Court over a year ago, it may seem a moot point for the embattled former New Mexico gun dealer family, but reflections from some friends may help other defendants facing unjust prosecutions -- that is, if a critical mass of Americans care to first educate themselves and then apply the courage of their convictions.
Arrested in 2011 for allegedly knowingly selling guns to cartel members while operating a New Mexico gun store, all Reese family members were found not guilty on the most serious charges of conspiracy. Additionally and significantly, money laundering charges against them were dismissed. Husband Rick, wife Terri and son Ryin were convicted on a handful of lesser charges of making false statements on forms, basically under the presumption that they should have known federal agents were lying, and son Remington was cleared of all charges. The new trial was ordered after it was revealed the prosecution withheld evidence from the defense and from jurors that a witness against the family was himself the subject of an FBI investigation, a matter dismissed by the Appeals Court which concluded “There is not a reasonable probability that the trial’s outcome would have been different had the government disclosed the investigation.”
“Another atrocity against the Reese family by the ‘justice’ system; appeals court moved to deny a fair trial by jury,” a longtime activist, colleague and friend (who chooses to remain anonymous for purposes of this column) observed in an email to fellow activists promoting last Thursday’s column bringing that news. “I can’t afford it, but I sent $100 anyway,” he revealed, providing the” Reese Defense Fund, Attention Patricia Arias, First Savings Bank, 520 South Gold, Deming, NM 88030” contribution information.
“Note how the courts turned the state's hurdle of ‘beyond a reasonable doubt’ -- as was intended to be decided by an informed and empowered jury -- into a rigged hurdle against the defendants to prove that they ‘would've been likely to win’ -- as ‘determined’ allegedly in good faith by one or more ‘justices’ or judges,” my friend observed. “Thus changing the presumption of innocence to more of a presumption of guilt. How do 'justices' know what a jury would've done had it been a fair trial? Some kind of crystal ball?
“Jury power and the right to jury trial as an institutional bulwark against tyranny, as championed by America's Founding Fathers, has withered under heavy attack and subversion for over 100 years,” he explained. “With the consent and collaboration of many so-called conservatives and gun rights leaders, the intended power of the institution has been substantially stripped. The Reese sort of tragedy is one of the results.
“Other results include increasing circumvention of any jury trial whatsoever -- even an unfair jury trial.,” he elaborated. “For example: Automatic confiscation or ‘prohibited person’ status by ‘adjudication,’ e.g., Domestic Violence Restraining Orders.
“Automatic confiscation or ‘prohibited person’ status due to ‘mental health’ notes in a medical file, e.g., the McCarthy-LaPierre Veterans Disarmament law and the Obamacare law which massively expands automatic ‘mental health’ confiscation status,” my friend continued.
“The emasculation of the institution of trial by jury will be a key factor making dragnet confiscation and ‘prohibited person’ status progressively commonplace over the next 20 years, as the voting control of the native born citizenry is overwhelmed by government-assisted invasion-occupation and uncontrolled over-immigration, along with our legislatures, executives and courts,” he concluded.
“Re the right to trial by jury and the power of the individual juror to judge not only the facts but the law and the application of the law, you may recall I wrote a ‘Gran’Pa Jack’ pamphlet on the subject for Jews for the Preservation of Firearms Ownership with Aaron Zelman back in the mid-1990s,” mutual friend and attorney Daniel Schultz responded. “It was Number 2 in their “Gran’ Pa Jack” series of educational pamphlets. Those pamphlets can still be ordered at the JPFO website.
“The problem is not enough Americans understand the power of the individual juror nor do they understand how to conduct themselves as a juror to avoid getting kicked off the jury by the judge,” Schultz explained. “There are certain things one must know. For example, if you assert your right to judge both the law and the facts, you’ll get kicked off. You must always say that you will continue to deliberate with an open mind. You cannot articulate why you are going to vote for acquittal in a way that telegraphs that you are, indeed, judging the law, or its application, as being an injustice. You just have to keep holding out and holding out.
“Sadly, not enough Americans know this,” Schultz concluded. “Hence, the pamphlet.
The Citizens Rule Book is good, too,” he added.
Recent health issues have kept me from regular posting over the past few days. Please expect limited production until further notice, both here and at the blog. Unfortunately, this will also affect the ability to respond to emails and to social media contacts until further notice. Reader understanding is appreciated.
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