Not Guilty. All Counts. Kyle Rittenhouse. Jury Said.

dWeb.News Article from Daniel Webster dWeb.News

Regarding the “not guilty”/ acquittal verdict in the Kyle Rittenhouse Trial in Kenosha Wisconsin & the paramount  need for “Trial by Jury.” 

By Kelly Z. Mordecai, Author – The Hidden 4th Branch

“I consider trial by jury as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.”  

Thomas Jefferson (Letter to Thomas Paine – July II, 1789)

The jury sees all the facts.  The jury discusses and discusses… point, counter point.  Deliberation occurs, then a verdict is reached behind closed doors.  Then the jury announces their careful verdict in open court.  In contrast, the media and some protestors do not know the facts.  Some in ignorance already reached their “Trial by Media” verdict weeks ago, and wish it carried out; this is concerning.

“It was a dirty business, but the jury got it exactly right.” – John Adams 1770

John Adams, whom would later become president was the defense attorney for 9 British soldiers that shot and killed 5 colonials in the Boston Massacre of March 5th, 1770.  The two British commanders got the death sentence, the 7 other soldiers were acquitted.  Of course, back then, many of the public were not happy with the verdict, but the verdict kept the peace, and sustained “civil order”, even in difficult times whence, later in 1776, we parted from England.

Coming from England, and into the American Colonies, trial by jury was great in protecting the liberties of the people against government tyranny; and protecting reformers from government oppression.

England 1670 AD – “Bushell’s Case”:  Pastor William Penn spoke out against the King of England.  He spoke boldly at a street corner, on a soap box, and a crowd gathered.  Prior, the King had executed people for doing same.  Penn was arrested, and sent to trial in the hopes that with a “guilty verdict”, the King could have Penn executed.  Juror Bushell said, “not guilty”, respecting the right that Mr. Penn could speak his mind, and should not suffer death.  The King threw Bushell, and other jurors in jail without food or water for a few days.  This in the hope that Bushell and other jurors would change their mind.  Crowds gathered with pitchforks, and other tools to protest; Protesting to protect the “Right of Trial by Jury.”  The king finally let the starved, weak jurors out, and they again said, “not guilty.” William Penn was set free, and later established the Pennsylvania Colony.  The above is know as the famous “Bushell Case.”  From this precedent, mankind saw long ago the rights of:  1. Freedom of Speech, 2. Freedom of Assembly, & 3. Freedom to practice Religion.  The founders of America knew these rights, and enshrined them in the First Amendment to the U.S. Constitution.  The founders also enshrined the right to “Trial by Jury”  (6th & 7th Amendments.)

Since public opinion could no longer be silenced, government could be held accountable by a jury as Jefferson wrote to Thomas Paine.   Thomas Paine was in France before and during the French Revolution.  Eventually, a king was de-throned.  Thomas Paine requested Jefferson’s input in helping set-up a new government.  France’s new government adopted “Trial by Jury.”  It was in place until the Nazis invaded France in WWII.  

Do we see the full value in Jefferson’s writings on Trial by Jury?

“I consider trial by jury as the only anchor, ever yet imagined by man, by which a government can be held to the principles of its constitution.”  

Government reforms also occurred because of “Trial by Jury.” Once people are free to assemble, and speak their mind, ever protected by their neighbors on the jury, we see incredible political reform that is rare in world history.  Thus becomes the honor and praise of the jury.

“Why do we love this trial by jury?  Because it prevents the hand of oppression from cutting you off.  This gives me comfort – that as long as I have existence, my neighbors will protect me.”  Patrick Henry (The man who said, “Give me liberty, or give me death.”)

The English Magna Carta of 1215 AD clause 39 reads, “No man shall be taken, outlawed, banished, or in any way destroyed, nor will we proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.”

An elected English Parliament began to emerge 100 years later.  (The Birth of Parliament – Professor Gwilym Dodd – 2011) )  

Do we see how Trial by Jury was instrumental in bringing political reforms?

Communists / Socialist countries like Stalin’s Russia, Hitler’s National Socialist Party, & Castro’s Cuba: Before leaders came into power, there was “Trial by Jury.”  Once in power, the new leaders terminated the “Right of Trial by Jury.”  With no juries, 10’s of millions of people died thereafter, at the hands of their own government.  If you were a juror in Nazi Germany, would you vote “guilty of death” for someone being a Jew?  No juries, you could not protect an innocent Jew.  When people presently don’t like a jury verdict, should we rid, “Trial by Jury?”

Jury Nullification:  A jury has the power to nullify a law.  When a jury disregards the instructions of a judge, or a prosecutor, and votes their conscience, this is called “Jury Nullification.”  The jury says, “Not Guilty”, even if the legislatively passed law is on the books.  Jury Nullification prevents oppression, or excessive punishment by government.  Then legislatures remove the laws because they are not enforceable.

“The law itself is on trial quiet as much as the cause which is to be decided.”  SCOTUS Chief Justice Harland F. Stone – 1941

“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge.”  U.S. v. Dougherty, 473 F 2nd 11213, 1139, (1972).

In 1741, Judge John Wright of Lancaster County of the Pennsylvania Colony wrote, “….That the Privilege of Trails by Juries, is counted older than the English Government, and was not unknown to the Antient [sic] Britons: Juries are looked upon as an essential Felicity to English Subjects, and are put in the first Rank amongst English Liberties:  The Reason given is this, Because no Man’s Life shall be touched for any Crime (out of Parliament) unless he be thought Guilty by Two several Juries [Grand & Petit Juries]: and these Juries being substantial Men, taken from time to time out of the Neighborhood of the Person accused, cannot be supposed to be bypassed: whereas ‘tis observable that Judges are made by Prerogative, and many times have been preferred by corrupt Ministers of State – and may be so again…”  (Gentlemen of the Grand Jury, Page 753)

Long before our country was started in 1776, Trial by Jury was of the greatest protection for political reformers.  Do you now see why a judge in 1741 wrote, ”Juries are…  put in the first Rank amongst English Liberties”?

The jury also protects against overzealous prosecutors.  A prosecutor may attempt to make a name for himself by saying, “I was tough on crime.  I put many ‘bad-guys’ behind bars.”  A prosecutor seeking to work up the political ranks could be so selfish for his “glory”, that he gains at the expense of destroying innocent people’s lives.  Said selfish “glory seeker” is blocked by a jury.

“But shall rather recommend to you, and your Successors [petit jury], a steady Care, both for the Security of the Innocent, (for by you malicious Prosecutions may be crop’d in the Bud)…”  – Judge John Wright , 1741 (Ibid)

“The right to trial by jury is granted to criminal defendants in order to prevent oppression by the government.”  Duncan v. Louisiana, 391 U.S. 145, 155 (1968)

In 1751, the South Carolina General Assembly declared that “any person who shall endeavor to deprive us of so glorious a privilege of trial by jury was an enemy to the people of the colony.”  

The trial jury acquitted Rittenhouse, of all five counts:   Everyday people on the jury affirm Rittenhouse’s right of “self defense”, and the right to use a gun to defend oneself.  This has huge implications across this great land.  This confirms via additional recent “court precedent”, that citizens can protect their business, life and property when law enforcement is overwhelmed, or outnumbered.  The jury spoke, implying that citizens may use deadly force to protect; and invite armed friends for security.  This will thwart future  violent riots we saw in America last summer.  (Once again, potential political reform.  Empowered by the trial verdict, state legislatures may pass laws for self-defense, and security during riots.)

This Rittenhouse verdict makes sense of the old saying regarding self-defense, “I would rather be tried by 12, then carried in a casket by six.”

Trial by jury has a long history of sustaining civil order.  Just as the jury’s fruit yielded same after the Boston Massacre.

In writing this in preparation yesterday for the verdict today, I wrote, “If Rittenhouse is convicted “guilty”, then “Fiat Justitia Ruat Caelum.”  (Latin for “Let justice be done though the Heavens fall.”)   I will accept the verdict of the jury.  (I wasn’t there anyway.)

Since the jury unanimously acquitted (“not guilty”) Rittenhouse, I will say it again, ““Fiat Justitia Ruat Caelum.”  Likewise, I accept the verdict of the jury.”  (The jurors were there.)

Kenosha Judge after the verdict addressing the jury, before dismissing them:  “OK folks, your job is done…  You were a wonderful jury to work with.  You were punctual, you were attentive.  …  …  All of you, I couldn’t have asked for a better jury to work with…. And it has truly been my pleasure. I think without commenting on the verdicts themselves, just in terms of your attentiveness, and cooperation you gave to us, justifies the confidence that the founders of our country placed in you.  So I dismiss you at this time…..”

Judge Bruce Schroeder – Kenosha County Circuit Court – November 19th, 2021

Media & Mob:

If tried by some media, the “verdict” would be:  Rittenhouse – death, or life in prison.

If tried by an angry mob, the “verdict” would be: DEATH TO RITTENHOUSE!

If tried by a very angry mob, fomented by more media lies, their “verdict” could possibly extend to “DEATH TO RITTENHOUSE, AND HIS PARENTS, AND ANYONE THAT SUPPORTS THEIR RIGHT OF SELF DEFENSE, AND OWNS A GUN.”

Isn’t it ironic?  The mob’s right to peacefully assemble, and peacefully speak their mind against a jury’s decision is backed by “Trial by Jury”… from English history affirmed by the famous “Bushell’s Case.” Later set in stone in the 6th & 7th Amendments to the U.S. Constitution.  Should the mob rid the right of “Trial by Jury”, it will send us all back into the stone ages, where they have not protection to peacefully assemble, protest, speak their minds, pray, and reform government.  Juries protect our rights, regardless of color, creed, or sex.

Communists/ Socialists regimes typically rid “Trial by Jury”, and quickly; genocide follows.  Do Islamic militants hold “Trial by Jury”?  China?  Government oppression is easily found in countries without “Trial by Jury”, and government reform comes at a snail’s pace.

Again, political reformers throughout history needed protection by their neighbors on the jury against government oppression, & execution.  Then, we see great reforms, then the government’s end goal becomes to protect the life, liberty, and property of the people.  Much honor, respect, and praise is due the jurists serving on a “Trial by Jury”; past and present.

In 1835 Alexis de Tocqueville, the great 19th century political scientist and author of Democracy in America, wrote, “The civil just is the most effective form of sovereignty of the people.  It defies the aggressions of time and man.  During the 16th century, the civil jury did in reality save the liberties of England.”

If we in America forget how great “Trial by Jury” is, then, in the words of Judge Alexander Martin (Salisbury- North Carolina Colony), as expressed to a jury on June 1st, 1775, 

“This precious Legacy, of glorious Antiquity, do you, Gentlemen, endeavor to transmit to Posterity unimpaired, entailed with this Patriot Prayer, ‘When that Period shall arrive, that Britons, and the Sons of Briton, shall be deprived of a Trial by their Peers, let them cease to exist.’”  

Some will call Kyle Rittehouse a hero; others will call him a villain.  I say, the real heroes in this situation are 12 “everyday people” serving as jurors in Kenosha Wisconsin.  

Fiat Justitia Ruat Caelum.

Kelly Z. Mordecai  11/19/2021

(Gentlemen of the Grand Jury, Pg. 712 – Complied by Professor Stanton Kraus ISBN 978-1-59460-815-5)

By:  Kelly Z. Mordecai, Author – The Hidden 4th Branch, a corrupt government’s worst nightmare.  

(Book about the power of the grand jury to hold government accountable.  Available on Amazon.)

The post Not Guilty. All Counts. Kyle Rittenhouse. Jury Said. appeared first on dWeb.News dWeb.News from Daniel Webster Publisher dWeb.News – dWeb Local Tech News and Business News

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