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Title: Tom Woods: Media blacking out "Nullification" book
Source: [None]
URL Source: http://www.youtube.com/watch?v=fXF-CIjkjPo
Published: Apr 5, 2011
Author: RidleyReport.com
Post Date: 2011-04-05 20:26:16 by RidleyReport
Keywords: None
Views: 702
Comments: 12

http://www.youtube.com/watch?v=fXF-CIjkjPo

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#1. To: RidleyReport (#0)

deleted

The relationship between morality and liberty is a directly proportional one.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

Eric Stratton  posted on  2011-04-05   20:31:08 ET  Reply   Trace   Private Reply  


#2. To: Original_Intent, christine, farmfriend, Lod, Artisan, Jethro Tull (#0)

deleted

The relationship between morality and liberty is a directly proportional one.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

Eric Stratton  posted on  2011-04-05   20:34:11 ET  Reply   Trace   Private Reply  


#3. To: RidleyReport, 4 (#0)

Excellent tube, excellent author, outstanding books. Thanks!

Twelve Angry White People: Jury Nullification in a Pennsylvania Coal Town (Updated).(Blog entry)

Byline: Guest Voice

Jun. 21, 2009 (The Moderate Voice (http://www.themoderatevoice.com/) delivered by Newstex) --

NOTE: This is an update of a column that ran earlier on TMV.

Twelve Angry White People: Jury Nullification in a Pennsylvania Coal Town

by Walter Brasch

The Schuylkill County, Pa., justice system managed to do something that insurance actuaries do with mixed resultsCoit determined not only the penalty for threats to a human life, but also the value of a human life.

? Norman E. Nickle, 54, who lived in Pottsville, the county seat, was sentenced in April to two life terms, without possibility of parole after he pled no contest to killing two teens the previous year. Nickle's only defense was that he was high on drugs and alcohol at the time of the murders.

? Jarrid Finneran, of Shenandoah, was sentenced to 2-1/2 to five years in prison after a jury convicted him in December 2007 of pushing his girlfriend in front of a car. Finneran said that the incident was the result of an accident, was not deliberate, and that he and the victim continued their relationship after the incident. The jury, however, convicted him of aggravated assault, simple assault, recklessly endangering another person, and disorderly conduct.

? Kyle J. Bluge, 23, of Frackville, admitted he shook a baby in April 2008 to try to stop the boy from crying. A pediatrician testified that the physical abuse resulted in significant brain injuries. Bluge, who will be sentenced Aug. 5, could face 10 to 20 years in prison and a $25,000 fine for aggravated assault.

? Mark P. Wilner, 40, of Mahanoy City, in June was found guilty of simple assault after a street fight that led to injuries to the victim who, according to court testimony, had begun the fight by punching a woman, causing her to fall to the ground. Wilner, who apparently initially tried to avoid confrontation, could be sentenced, June 29, to one to two years in state prison.

? However, the life of Luis Eduardo Ramirez-Zavalo, 25, an illegal Mexican immigrant who lived and worked in Shenandoah before dying in June 2008 after a beating by a gang of about a half-dozen drunken Shenandoah Valley High School football players is worth no more than 23 months in a county jail for his assailants.

Judge William E. Baldwin sentenced Brandon J. Piekarsky, 17, Shenandoah Heights, to six to 23 months, and Derrick M. Donchak, 19, Shenandoah, to six to 20 months, June 17, after an all-White jury convicted them only of simple assault, a second degree misdemeanor. Baldwin also sentenced Donchak to one year probation for three counts of corruption of minors, a first degree misdemeanor that carries a maximum sentence of two to five years in state prison; Baldwin also sentenced Donchak to three months in prison on each of three counts of furnishing alcohol to minors; the sentences would be served concurrently. His total sentence is seven to 23 months in county jail.

The jury about six weeks earlier refused to convict Piekarsky of criminal homicide, although witnesses said that it was Piekarsky who kicked Ramirez in the head after he had already been on the ground; Ramirez died two days later from the beatings. The jury also found both Piekarsky and Donchak not guilty of aggravated assault, recklessly endangering another person, criminal solicitation/hindering apprehension or prosecution, and ethnic intimidation, although witnesses said they distinctly heard racial slurs and obscene language during the beating. Court testimony revealed that the teens had apparently baited Ramirez into the fight.

In sentencing the two teenagers, Judge Baldwin, confined by the jury's verdict, said neither defendant showed remorseCoDonchak had even worn a "Border Patrol" T-shirt to a party four months after the beating. Contrary to defense claims, the judge ruled that the beating was not "a street fight gone bad [but] a group of young athletes ganging up on one person." Because of the jury's verdicts, the death of Ramirez could not be considered in sentencing. Baldwin said that if the attack "wasn't motivated by ethnic intimidation, it was plain meanness. You don't kick a man when he's down." Even with the relatively light sentences, both defense attorneys said they were contemplating appeals.

Two of the gang were not charged, and two others are likely to spend more time in confinement than Piekarsky and Donchak. Brian Scully, 18, Shenandoah, charged as a juvenile, was previously ordered to spend 90 days in a treatment facility before sentencing, expected at the end of Summer. He could spend as much as three years in juvenile detention. Judge Baldwin had said that Scully "was not only involved [in the assault] he was the instigator." Scully admitted he tried to kick Ramirez in the head, missed, and kicked him in the shoulder.

Colin J. Walsh, 18, Shenandoah Heights, whose state charges were withdrawn after he pleaded guilty to a civil rights violation in federal court, cooperated with state and federal authorities and testified against Piekarsky and Donchak. Walsh, who like Scully had expressed remorse for his actions, testified that after he had punched Ramirez who fell and hit his head on the street, Piekarsky kicked him in the head. Medical testimony concluded that "the combined effects from these injuries" caused the death of Ramirez. Walsh was sentenced in federal court to up to nine years, but could be released in four years because of his cooperation.

The beating and subsequent trial divided the region, and brought national news media to the coal mine region of northeast Pennsylvania. Thousands rallied against what they believed were lax immigration enforcement, and argued that Ramirez would still be alive if he had not been an illegal immigrant.

Others argued that the area's bigotry and racism was the cause for the tension before the beating and continues to divide the people. The Pottsville Republican-Herald, the county's only daily newspaper, reports that more than 4,400 comments were submitted to its website the first three days of the five- day trial, but that many were not posted because of vulgarity. The newspaper, which published more than 160 articles about the beating, subsequent events, and the trial, also reports that during the trial the website recorded 72,000 unique users just for the trial coverage.

The case left a lot of questions, in addition to what many saw as "jury nullification" of a murder.

The Shenandoah police upon arriving at the scene, July 12, 2008, checked Latino witnesses for weapons rather than pursue the White attackers. Schuylkill County detectives filed arrest papers about two weeks after the fight; the district attorney filed court charges on Sept. 30, 2008. Based upon court testimony, Judge Baldwin noted, "the boys were ushered around and given counsel about getting their stories straight because it didn't look good for Mr. Ramirez."

Testimony had also revealed that one of the officers was not only in a personal relationship with Piekarsky's mother, but that he was living with both of them. The Shenandoah police, originally the primary investigative agency, did not make any arrests; on July 25, about two weeks after the assault, criminal complaints were filed by the Schuylkill County detectives in the office of the District Attorney. The Department of Justice told the Republican-Herald that there was "an open investigation" into the assault, and was "working cooperatively with state authorities on the matter and monitoring the state's prosecution." Further, the prosecution, which said it was pleased with the sentence, refused to say why it didn't put on the stand a retired Philadelphia police officer who witnessed the beating and had called 911.

Most residents, those who believe that even a simple assault charge was too much for what they still maintain was a "street brawl," and those who believe the gang got away with murder, seem to just want the spotlight to shine on other towns and other issues. But, that isn't likely for at least a few more months.

Piekarsky and Donchak could still face significant prison time. Pennsylvania Gov. Ed Rendell, the Anti-Defamation League, the Mexican American Legal Defense and Education Fund, and other organizations have asked the Department of Justice to pursue hate crime charges against Piekarsky and Donchak. Under the Kennedy and Johnson administrations during the 1960s, the Department of Justice was vigorous in bringing to trial and conviction, especially in Southern jurisdictions, persons who either were not charged or had received light sentences for attacks upon civil rights workers, Blacks, and their businesses and churches. Although civil rights prosecutions diminished in some subsequent administrations, the Department of Justice has again resumed the priorities established during the 1960s.

Shenandoah is a community of about 5,600, located in the anthracite coal region, about 100 miles northwest of Philadelphia. The 2000 census revealed that 97.4 percent of the population is White, with about 20 percent of the population living below the poverty line. During the early and mid-19th century, the population was primarily English, Welsh, Irish and German immigrants, all of whom faced discrimination from large numbers of second- and third-generation Americans who objected to the influx of immigrants. Conflicts between the lower-class miners and the supervisors and management of coal companies led to the rise of the Molly Maguires, whose original purpose was to promote unionized labor and serve as a protection for the immigrants. Cultural and ethnic conflict led to violence against the Mollies and the Mollies, in turn, became violent, especially as other immigrants from southern and eastern Europe moved into the area, sometimes taking jobs the northern Europeans thought belonged to them. By 1920, the population peaked about 25,000, falling after World War II when it no longer became profitable for the robber barons to continue to strip the land of anthracite coal.

It is many of the descendants of immigrants who now support stronger immigration enforcement, and whose children and grandchildren carry the prejudices that formed the patina of the place once known as the "city of churches." It is the descendants of immigrants who have shown the prejudice against a rising Hispanic population and whose attitudes may have fueled the violence that led to the death of a Mexican immigrant who just wanted to work and help raise his three children.

Assisting on this story were Rosemary R. Brasch, Brandi Mankiewicz, the office of the clerk of courts of Schuylkill County, several Schuylkill County residents, and the news staff of the Pottsville Republican-Herald. Dr. Brasch is author of 17 books, a syndicated columnist, professor of journalism at Bloomsburg University, and recipient of the Martin Luther King Jr. Distinguished Humanitarian Service Award. You may contact him through his website, www.walterbrasch.com (http://www.walterbrasch.com/)

Newstex ID: 35903650

The views expressed on blogs distributed by Newstex and its re-distributors ("Blogs on Demand[R]") are solely the author's and not necessarily the views of Newstex or its re-distributors. Posts from such authors are provided "AS IS", with no warranties, and confer no rights. The material and information provided in Blogs on Demand[R] are for general information only and should not, in any respect, be relied on as professional advice. No content on such Blogs on Demand[R] is "read and approved" before it is posted. Accordingly, neither Newstex nor its re-distributors make any claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained therein or linked to from such blogs, nor take responsibility for any aspect of such blog content. All content on Blogs on Demand[R] shall be construed as author-based content and commentary. Accordingly, no warranties or other guarantees will be offered as to the quality of the opinions, commentary or anything else offered on such Blogs on Demand[R]. Reader's comments reflect their individual opinion and their publication within Blogs on Demand[R] shall not infer or connote an endorsement by Newstex or its re-distributors of such reader's comments or views. Newstex and its re-distributors expressly reserve the right to delete posts and comments at its and their sole discretion.

Jethro Tull  posted on  2011-04-05   21:00:04 ET  Reply   Trace   Private Reply  


#4. To: Eric Stratton, Itistoolate (#2)

Anyone know who (if any) the jury nullification expert in the forum is/are?

My guess would be Itistoolate.

Remember The White Rose
"“Believe nothing merely because you have been told it. Do not believe what your teacher tells you merely out of respect for the teacher. But whatsoever, after due examination and analysis, you find to be kind, conducive to the good, the benefit, the welfare of all beings - that doctrine believe and cling to, and take it as your guide.” ~ Gautama Siddhartha — The Buddha

Original_Intent  posted on  2011-04-05   21:46:52 ET  Reply   Trace   Private Reply  


#5. To: Eric Stratton (#2)

no, but recently there was a raid on the home of an old man whos a JN activist. i forget his name. The case of the ron paul supporter who sued dhs after being arrested for filming the same guys arrest made international news when dhs settled the suit.

"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28

Artisan  posted on  2011-04-06   18:03:07 ET  Reply   Trace   Private Reply  


#6. To: Artisan, ES, 4 (#5)

My simplistic take is that the jury has the responsibility and the duty to judge first the constitutionality of the law, and then the facts of the case that they are hearing.

KISS

Somewhere in Kenya, a village is still missing its idiot.

Lod  posted on  2011-04-06   18:38:37 ET  Reply   Trace   Private Reply  


#7. To: Lod (#6)

i agree. but it seems most people unfortunately cant or dont want to serve on juries because it interferes with their legitimate need for income.

"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28

Artisan  posted on  2011-04-06   18:42:46 ET  Reply   Trace   Private Reply  


#8. To: Lod (#6)

My simplistic take is that the jury has the responsibility and the duty to judge first the constitutionality of the law, and then the facts of the case that they are hearing.

Chief Justice John Jay, addressing the jury in one of the first trials in the history of the Supreme Court (1794 and yes, the Supreme Court conducted jury trials then), Georgia v. Brailsford said this:

"...It may not be amiss, here, Gentlemen, to remind you of the good old rule, that on questions of fact, it is the province of the jury, on questions of law, it is the province of the court to decide. But it must be observed that by the same law, which recognizes this reasonable distribution of jurisdiction, you have nevertheless a right to take upon yourselves to judge of both, and to determine the law as well as the fact in controversy. On this, and on every other occasion, however, we have no doubt, you will pay that respect, which is due to the opinion of the court: For, as on the one hand, it is presumed, that juries are the best judges of facts; it is, on the other hand, presumbable, that the court are the best judges of the law. But still both objects are lawfully, within your power of decision..."

The most famous nullification case is the 1735 trial of John Peter Zenger, charged with printing seditious libels of the Governor of the Colony of New York, William Cosby. Despite the fact that Zenger clearly printed the alleged libels (the only issue the court said the jury was free to decide, as the court deemed the truth or falsity of the statements to be irrelevant), the jury nonetheless returned a verdict of "Not Guilty."

Jury nullification appeared at other times in our history when the government has tried to enforce morally repugnant or unpopular laws. In the early 1800s, nullification was practiced in cases brought under the Alien and Sedition Act. In the mid 1800s, northern juries practiced nullification in prosecutions brought against individuals accused of harboring slaves in violation of the Fugitive Slave Laws. And in the Prohibition Era of the 1930s, many juries practiced nullification in prosecutions brought against individuals accused of violating alcohol control laws.

More recent examples of nullification might include acquittals of "mercy killers," including Dr. Jack Kevorkian, and minor drug offenders.

Liberty is not a means to a higher political end. It is itself the highest political end.
Lord Acton

He (Gordon Duff) also implies that forcibly removing Obama, a Constitution-hating, on-the-down-low, crackhead Communist, is an attack on America, Mom, and apple pie. I swear these military people are worse than useless. Just look around at the condition of the country and tell me if they have fulfilled their oaths to protect the nation from all enemies foreign and domestic.
OsamaBinGoldstein

The only difference between genius and stupidity is that genius has it's limits. Albert Einstein

James Deffenbach  posted on  2011-04-06   19:02:41 ET  Reply   Trace   Private Reply  


#9. To: Artisan (#5)

deleted

The relationship between morality and liberty is a directly proportional one.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

Eric Stratton  posted on  2011-04-06   19:24:52 ET  Reply   Trace   Private Reply  


#10. To: Eric Stratton (#9)

not sure if posted here. you can look up raid on jury nullification activists home. it was quite a big story among our ilk.

"Even to the death fight for truth, and the LORD your God will battle for you". Sirach 4:28

Artisan  posted on  2011-04-06   19:37:13 ET  Reply   Trace   Private Reply  


#11. To: Artisan (#10)

deleted

The relationship between morality and liberty is a directly proportional one.

"Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." - Ben Franklin

Eric Stratton  posted on  2011-04-06   19:39:27 ET  Reply   Trace   Private Reply  


#12. To: (#11)

Ya when people think nullification these days they tend to think of state governments, but the most important nullification is what individual "nulls" like us do themselves. And the place where they can do the most is the jury box... if they can manage to make it there without getting thrown off. I guess FIJA.org has some info about that.

RidleyReport  posted on  2011-04-07   12:50:24 ET  Reply   Trace   Private Reply  


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