Pubdate: Mon, 28 Dec 2009
Source: Toccoa Record, The (GA)
Copyright: 2009 The Toccoa Record
Author: John Smith


This past week 18 residents of Stephens County were given an
opportunity to exercise the greatest power they will ever know as
citizens of this county.

These residents, of course, were those persons of the Grand Jury which
reviewed the evidence of the killing of pastor Jonathan Ayers.

Unfortunately these persons let this great moment pass them

As a result, the only persons who will ever factually know what was or
were not discussed behind the closed doors of this preceding are the
Grand Jurors themselves, the District Attorney and any witnesses which
may have been called.

The rest of us will never know for sure what was or was not presented
or said.

I suspect over the next few weeks many of these jurors when questioned
about their decision will likely say they had no choice.

Jurists are instructed by the Court Officers and/or Judges they are to
consider no fact or nor any evidence in the mater to be decided that
is not approved by the Judge.

These commonly provided instructions are not based in law as you will
soon learn. Based on published statements in the press, I am certain
the jurists were told by the district attorney these Officers were
protected by the Georgia Statutes relating to "Official Immunity."

While these laws were originally enacted to protect elected officials
from malicious politically motivated prosecution, the courts over the
past decades have continued to expand this immunity to include most
public officials and public employees including police officers.

However, police officers enjoy special protections under this statute.
Police officers need only to "believe" (say) they thought they were in
danger to be able to use deadly force in their protection.

I find it incredibly ironic that our military personnel serving in
very dangerous places cannot not use deadly force until they are
actually fired upon, yet within our own borders police officers can
use deadly force against unarmed citizens simply because the "believe"
(say) they thought they were in danger.

This expanded immunity, as it is being regularly applied, is no less
than a license to kill without concern or consequences.

However the failures in this judicial process goes beyond the officers
who mistakenly killed Pastor Ayers, the GBI who investigated the
incident, or the District Attorney who presented the evidence.

It lies with the ignorance of the jurors, unaware of their civic
responsibilities and judicial powers.

One only has to look at the historical record of our government ,
courts and the supreme court justices to understand the power of
government is supposed to be held by the "People."

Unchecked power is the foundation of tyranny. It is the juror's duty
to use the Juror Room as the vehicle to stem the tides of oppression
which results from tyranny.

It is the juror's duty to use it's power to prevent bloodshed by
peacefully removing power from those persons who have abused it.

Consider the following written statements and writings of our Judicial
as an example of the powers and responsibility of jurors.

"The Jury has a right to judge both the law as well as the fact in
controversy" Harlan F. Stone, 12th Chief Justice U.S. Supreme Court

"All laws which are repugnant to the Constitution are null and void"
Marbury vs Madison, 5 US (2 Cranch) 137, 174, 176, (1803).

If our jurors had been properly informed and therefore had acted
properly, these officers would not have been able to hide behind an
immunity statute and would have likely been charged as appropriate for
this terrible action.

Each officer would then would have the right to a fair trial by an
impartial Judge and an impartial Jury. A trial where the evidence for
and against would be presented in an open public forum.

A trial like the rest of us would expect to receive and are rightfully
entitled to.

All public officials and military personnel take an oath to defend the
Constitution against all enemies foreign and domestic.

I ask everyone to take a personal oath to defend our Constitution. How
many times have you avoided your responsibility when called as a
Juror? Made up excuses to get out of jury duty.

Many of us have family, relatives and friends, either currently
serving in our military or have served in the military.

We often hear how our military is protecting our civil liberties and
way of life from foreign powers or terrorist who wish to do us harm.

Our military is powerless against domestic enemies who use our laws to
due us harm.

Politicians more interested in getting re-elected than doing what is
right or necessary. Judges who legislate from the bench.

Law enforcement which has become overzealous in their activities. The
only opposition to this domestic enemy is our jurist system.

Please consider this the next time you are called for jury duty. Jury
duty is a privilege, an honor and a duty to be carried out proudly and
competently informed.

In times such as this, I often think of the following quote. "Do your
duty in all things, you cannot do more, you should never wish to do
less" General Robert E. Lee.

Will you do your duty when called upon?

John Smith

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