Wednesday, January 24, 2007

One Step Further

From Charles H. Sawders:
David, don't have a clue if this does a damn thing but cause snide laughter amonst his staff, but here is my letter to my congressman. I will send the identical letter to my senator in just a few minutes. Might not be a bad idea to encourage those courageous enough to write the judge to do the same with their elected servants that mistakenly put this error on the bench.

I am forwarding to you the text of a letter I have mailed to U.S. District Court Judge Jimm Larry Hendren, who sits on the bench for the District of Western Arkansas.

I don't know what you know about the case of US v Fincher, and as a matter of importance the case itself is secondary to my concern. My primary concern is the betrayal of my country by the above named judge.

I am writing to encourage you to open an investigation into the appropriateness or lack of same in his rulings in the case. The letter is mostly self-explanatory, with the exceptions that I do not mention that the defense was forbidden to present its case to the jury, the defense was only allowed to speak to the judge in defense with the jury out of the room; also the jury was denied full instruction as to their duties and powers, which has been ruled upon numerous times. Judges are not legally required to inform a jury of its duty to judge the law, morality expects different behavior, nonetheless a judge is not bound by moral considerations. However, he did inform them only partially in a manner guaranteed to favor the prosecution.

Ergo, due to this one man who has violated his oath, violated his own stated opinion in a public courtroom, violated the jury, and The Constitution of the United States of America in multiple ways, the jury never heard the defense, never heard the Supreme Law of the Land, nor were they actually apprised of the actual unconstitutional law the defendant was charged with violating. Hendren, directed them to return a guilty verdict. Which by the way, when done in favor of the prosecution, has been considered to always be reversible error, reference Sullivan.

In light of what I deem to be a betrayal of my country at worst, and at best, if he is really that ignorant of the constitution and the law he should never sit a bench in any judicial setting. Hence, I implore you to look into this violation of all we Americans hold and have held dear since our founding, and proceed to explore the possibility of impeachment against this embarrassment to the adjudication of justice.
[More about Wayne Fincher via WarOnGuns]

3 comments:

Anonymous said...

Don't hold your breath, but at least they know we're on to them. That's why they want to register all of us as lobbyists.

Anonymous said...

Everybody that cares should do the same. Our elected officials may not understand morality, liberty, justice or fair play, but they damn sure understand pressure and the big R (Re-election)

Anonymous said...

Mr. Sawders is going to cause me to have a confidence crisis--he makes my writing look like something from a not particularly bright 8th grader. Excuse me while I set fire to my keyboard.