Rick Stanley Convicted: Constitution Null & Void in Denver
Submitted by Bill St. Clair on Sun, 19 May 2002 12:00:00 GMT
Stanley for Senate -
Denver Judge Axes the Constitution: Update on Trial: Day 1 - An
account of Rick Stanley's first day in court for carrying a handgun in
a holster in Denver. The judge has forbidden mention of the
constitution. [smith2004]
Grant then asked her a hypothetical question; "If the judge were to instruct you that the Second Amendment of the United States Constitution and Article 2, Section 13 of the Constitution of Colorado are applicable to this case, would you be able to follow that instruction?
Pandemonium erupted halfway through Grant's question with the City Prosecutor objecting at the top of his lungs to the form of the question, as the Judge pounded his gavel for attention.
At this time Judge Patterson dismissed the jurors for lunch. After they left the courtroom Judge Patterson began to lecture Mr. Grant.
"I already sent you an order in this case. The order has been mailed to your offices. You are not to mention the Constitution during this proceeding. Do you understand?"
Grant replied that he did not.
Patterson said, "Then I'll explain it again. You are not to reference the Constitution in these proceedings. You will not address it in voir dire, you will not address it in your opening remarks, you will not ask any questions about the Constitution when you summon your witnesses, and you will not talk about the Constitution when you give your closing arguments. Do you understand my instructions?", questioned Judge Patterson.
Grant again replied he did not understand, and the judge proceeded to repeat his previous orders. He also stated that Mr. Grant had already violated these orders during the voir dire process when questioning the police officer.
Grant objected to the judge's statement and replied, "Your honor I did not ask a question about the Constitution I asked a question about jury instructions."
The Judge then asserted, "You did no such thing."
Grant countered, "Yes, I did." He peered at his notes and said, "Here's the question I asked her. If the judge were to instruct you that the Second Amendment of the U.S. Constitution and Article 2, Section 13 of the Constitution of Colorado are applicable to this case, would you be able to follow that instruction?"
In the presence of numerous observers, and despite an audio recording and at least one court reporter the Judge then asserted, "That's not the question you asked."
At that point it was clear Judge Patterson was visibly upset. He began advising counsel that he was on dangerous grounds and threatened him with court sanctions. Patterson then recessed the proceedings for a lunch break.
As Judge Patterson left the courtroom one Stanley supporter, Mr. Joe Johnson stood and addressed those left in the courtroom, "Hear Ye, Hear Ye, The Constitution of the United States of America has just been repealed by a Denver County Court Judge." Two reporters from the Denver daily papers scribbled furiously and then bolted for the doors.
Stanely for Senate - Stanley Guilty City Attorney: Constitution of U.S. and Colorado null and void in Denver since 1906 - guilty of "unlawfully carrying a deadly weapon". Sentencing on July 25. My take, don't set foot in Denver unless you're in the mood for lots of shooting.
In response to Grant's argument about People vs. Ford, Judge Patterson replied that precedents of the Colorado Supreme Court, and indeed the constitution of Colorado, are not applicable within the city and county of Denver, because it is a home rule city. Patterson then proceeded to reject all of Grant's motions, and declared the court to be in recess while the bailiff went to get the jury.
