In the first trial test of a new law, a Humboldt County jury decided this morning that the three people who lit candles outside the county courthouse after 9:30 p.m. did nothing illegal.
The verdict comes despite the county’s attempt to ban most people from being on courthouse grounds between 9:30 p.m. and 6 a.m.
“I think it will send a message,” said Deputy Public Defender Casey Russo. “This decision shows that it will be very difficult to prosecute these cases.”
Russo said one of the jurors told him after the verdict that the jury relied heavily on one particular instruction from the judge. The judge had explained that if the people holding the candlelight vigil truly believed they were exercising their First Amendment rights of free speech and assembly, then they would not have the mental state required to commit a crime in this case.
Russo said he hopes county supervisors will revise the law, which was written during the Occupy Eureka protests.
This article appears in Gasoline Kings.
Bravo, jurors!
Hold on, if I read that right, the judge essentially said if one excercises their first amendment rights (or other civil rights) they are somehow intellectually lacking and/or too stupid to commit a crime? Ack. Hell of a precedent to set there.
Protest This, “mental state” does not mean “mental capacity”. The jury didn’t find any disability or anything. They just didn’t find that their vigil was a pretext for something else, harassment, etc.
I knew Casey Russo in law school. He was a badass then, too.
…and the jury had to believe that our belief that the First Amendment allowed us to be there at that time was reasonable. The jury found that was reasonable for us to believe (and probably what all or most of them would believe!)
Russo said one of the jurors told him after the verdict that the jury relied heavily on one particular instruction from the judge. The judge had explained that if the people holding the candlelight vigil truly believed they were exercising their First Amendment rights of free speech and assembly, then they would not have the mental state required to commit a crime in this case.
While I’m happy with the jury verdict I am a little confused with that jury instruction. I wonder if the exact wording is available.
[Comment deleted for being irredeemably hateful and moronic. –NCJ.]
The First Amendment wins for a change! Now, to get rid of those pesky “Free Speech Zones”.
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