Wayne Fincher's daughter tells me he needs legal help. The court-appointed defense attorney advises him he is looking at prison time. No doubt--the federal government has done its utmost to assure exactly that outcome.
Frankly, I'm at a bit of a loss--unless a legal foundation steps forward to give him pro bono representation, lawyers are generally in it for the money. I've sent a donation to his defense fund, but not unsurprisingly, most gun owners have not and will not, as we seem determined to hang separately.
Can I at least get the regulars here to spread the word and try to locate the legal counsel needed? At a minimum, will you forward this link to other gun owners, post it to forums?
And finally, helpful suggestions will be appreciated in the "Comments" section to this post.
Saturday, March 24, 2007
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13 comments:
Sorry to say, but the only thing that I'm able to offer Wayne at this time. Is my prayers for him. If there were more that I could do, I most certainly would. God bless him and help him.
It really is sad that a people must pray against their own government. One Nation Under God? Perhaps, at one time. But, that is most certainly no longer the case. It is crystal clear what spirit drives our government now....
Dude I sympathize, but this guy could have done 5 minutes of research on the internet and we would have been glad to tell him that this wasnt the appropriate way to engage in legal activism.
He is in the 8th circuit. They have previously rejected the legal arguments he will make after he is convicted. Even if Parker is upheld by the supreme court, we are at least 10 years off from being able to challenge the criminal laws he is charged with violating. He is almost certainly going to go to jail.
His only hope right now is jury nullification. I will be surprised if they let him make 2nd amendment or militia based legal arguments before the jury.
Are none of the gun rights groups interested in getting involved? All I can think of is suggesting contacting whatever group you're a member of and asking them to help- surely they have lawyers who specialise in the 2nd Amendment.
Helpful suggestions? Short of an armed uprising, jailbreak, massive recalls, a government style false flag operation to wake people up, or the Second Coming....
send lots of money.
the minutemen were selling ribbons at the gunshow last weekend.
talk to gun stores and see if we can get a donation box campaign.
amend the constitution with a clearly worded and understandable by the dumbed down serfs of today that people can own ANY gun they want for no reason but they want it.
get more pro-second types on the court, I don't believe there was a size limit on it is there?
Jim, I'm curious, have you read the "silver bullet" document? What would you suggest he have done that hasn't been tried yet?
working within the stacked deck of government has proven to be nearly impossible. Every law written is to take away more freedom and control, redundancies, misleading legaleze, agencies that can arbitrarily change their "minds" and invent new laws only prop up the stacked deck house of cards.
succession isn't even an option as it should be.
I'm trying not to sound nearly as pessimistic as others here, but honestly, the corrupt government has stolen and taken the power back, much like the kings of the past. we the people are subject to their arbitrary rule without the money, corrupt influence they wield, and most importantly the propaganda systems of the media and public schools.
Perhaps Sean aka puff daddy, p diddy, diddy, Combs was onto something with his "vote or die" campaign. Of course, he overlooked the critical factor of KNOWING what they were voting on.
I'll get this linked up today David.
I too have donated, but not nearly enough. If I gave all I had it would not be enough.
I have been trying to get Hendren impeached, but so far, I am the only one I know who will state that he thinks he should be.
The only option I see for success is for all Americans to invoke the second for its original purpose. I also don't see that happening.
What the hell is this?
We pro-gunners like to say pithy things like "the 2nd amendment guarantees the other nine." Yet we bail on someone who simply exercised his 2nd amendment rights?
WARNING - MASSIVE GENERALIZATION AHEAD
To be blunt, as a group, we have absolutely no balls. We are worse than sheeple because we understand the importance of the 2A - yet won't stand up for it because, deep down, deep in the recesses of our mind, we don't give a damn about the 2A other than keeping our own gun.
No wonder the government - at all levels - bitch slaps us at every turn. We ask for it.
We'll sit back and watch Wayne hang. Then we'll shake our heads, say what a terrible thing it was, and go on our way. Then when they come for us in a few months or years because we own a pistol or rifle or shotgun, we'll plead our 2A rights to a bureaucracy that will laugh as they hang us, too.
Jay,
Some years back (before WWI) one of my grandpa's brothers got caught in bed with a married woman (by her husband). This happened in Mexico. The husband tried to kill his cheating wife and her gringo lover, but my great uncle was faster with his gun and so he was the one who lived through the encounter.
He was put on trial for murder.
Grandpa and his other brothers and a few friends armed themselves with several revolvers each and attended the trial. They had horses outside with long guns and some dynamite. The plan was to shoot the judge and the Mexican cops and make a run for the border if the verdict was guilty.
Fortunately the verdict was not guilty.
Short of something like that what do you suggest?
I think that Fincher is a great guy but he should have understood that the point of civil disobedience of an unjust law is to get arrested, convicted and jailed.
The fact that you are sitting in jail for doing something that should not have been a crime is supposed to be an embarresment to the government.
The pressure that the government is supposed to feel from keeping someone who did nothing really wrong locked up is supposed to build until the shame of it forces a change in policy.
In order for all this to work the general public must share the belief that whatever was done should not be a crime.
When the public thinks that whatever law that is being broken is a just law then civil disobedience will not work. I'm sorry for Wayne, but he should have thought this through.
For those who have not figured it out, he went to a jury trial and was convicted. No jury nullification will occur: The trial court refused to let his retained attorney try and argue the constitution to the jury, which has been the rules of the courts for years and years. As to sending money to his defense fund, I wonder who is getting and spending that money? He has been given a court appointed, thus paid for by the court, attorney and that person CAN NOT accept any money for representing him if he/she wants to be paid by the court. Sending money to pay for a lawyer at this point is most likely just throwing it away. And yes he will most likely be going to prison. Any attorney who does criminal law will tell you there are set ways to try a case, and it appears to me that his retained attorney tried to do the case ass backwards. You challange the statute before the case goes to trial, not afterward! As to some group coming forward to do a pro bono, I am sure that if there was such a group, it will evaluate the case and decide that it is a loser and move on to one they can try and make a difference in. This is not an attack on Mr. Fincher, just cold, hard facts. I heard an NRA officer years ago say that a lot of bad law was being made by folks throwing themselves on their swords like Fincher did, and not presenting the case to a court in a way so that a very reasoned, solid appeal could be done. I read the bond hearing; he had the opportunity to get out on bond. Why did he refuse to take it? If he had, he would probably be out on an appeal bond now and not locked up in jail.
The point of this post is not to debate Fincher's tactics--it is to reiterate that he is in need of assistance and to solicit both help and helpful suggestions.
This is not a political plea, it is one for helping a human being.
Sorry to say-- this outstanding example of a man stands alone. No gun-rights group has the balls to stand on such an "extreme" issue as our right to own military issue weapons, (why that is seen extreme for a nation's militia to have, I'm not entirely sure). Wayne's case is much like the first runaway slaves, who were returned to their slave-masters by our Just-us system.
But, our battle against the usurpers is just beginning. Wayne needs to take his case in his own hands. The lawyers are much like the judges, and not even honorable criminals.
Wayne should file a notice of appeal, and with it a notice to stay the sentence until the completion of the appeal. Then he needs to hit the books. Figure out the formatting for an appeal and fine tune it. He should order his court appointed attorney to help in this appeal, but Wayne himself needs to hound him or do most of the work himself.
The law against him is blatantly Unconstitutional, (citing recent DC case law, and Justice Dept. paper that the 2nd is an individual right).
No paid for lawyer will care enough, nor has much to gain by this appeal. That's where Wayne comes in. Basically, cramming a law school degree into 3 weeks. I believe he is smart enough to be well on his way. This commitment will also give him something to do if they steal his freedom. Wasting away is not an option for such a worthy man.
Being your own lawyer on appeal is generally seen as a bad idea for criminals. But Wayne is no criminal. Getting face time in front of a judge that will actually look at the law in his case doesn't happen at the trial level. Trial judges think they can't afford to ruffle any feathers, so they tow the line, (and will be remembered). But, further up the line, judges will at least start to consider the merits of his appeal. Plus, some judges might just want history to remember them as something more then a traitor to their country.
I will continue this comment, likely repeating myself, but I feel it is that important.
Wayne MUST appeal this conviction! Even if a lawyer isn't willing to help, HE must do it. Although, I believe the court appointed is required to help, if Wayne insists upon the appeal. If not, there may be grounds to fire him. Maybe he will have better luck with the next. Even if he can get a lawyer to help, Wayne needs to hold the man's feet to the fire. Either that or just do it himself and make his court appointed insure that all the paperwork is copied in triplicate with all the 'i's and 't's dotted and crossed.
It isn't impossible to win on appeal without a lawyer. Nor to get a judge to agree with you that a law should be nullified and void. I should know, I've done it. While my case wasn't over something nearly as important as Wayne's case, I was fighting for the same thing Wayne is now, the right to remain free. The desire to be free is powerful enough to kill over. If you haven't yet reached that point, continue to use the pen.
God Bless You Dear Wayne.
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I've posted on this at my blog too- as well as being a 2nd Amendment issue we need to remember too that Wayne was forbidden from arguing the Constitution in court and from presenting his case to the jury.
If that isn't a miscarriage of justice I don't know what is.
As I said on my blog- imagine of the Dems win the White House; you know they'll bring in sweeping gun legislation, most likely banning guns that many readers here own- then, you'll be the criminal for breaking "reasonable gun laws" as Wayne is now.
When's the best time to take a stand? Now, or when you're in court?
I would be glad to send a bit if I knew to where to send it.
The Wayne Fincher Defense Fund
PO BOX 215
Elkins Arkansas 72727
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