Saturday, February 23, 2013

Jury Nullification Activist Jailed 145 Days for Distributing Info

Activist Post

Vietnam Era Veteran, peaceful freedom activist, and local small businessman, Mark Schimdter, has been jailed for 145 days by Judge Belvin Perry. Schmidter's sentence began Thursday after he was found guilty for distributing jury nullification info outside of Perry's self-imposed "free speech zone." during the Casey Anthony trial.

Facebook Page
Mark E. Schmidter is an activist for jury rights whose story we covered one year ago. He was originally facing a year in jail after being found guilty of two felonies: External Criminal Contempt of Court, and jury tampering, for distributing information outside the Orange County Courthouse in Florida.

We noted that Schmidter was not guilty of any actual law, but rather rules written by the acting judge. These rules that Schmidter is in violation of are for demonstrating outside of a "free speech zone" determined by Judge Perry. Schmidter, who was first arrested in June 2011, has maintained his innocence and that the judge's orders he violated were a direct violation of the First Amendment of the Constitution.

Furthermore, the very rule he was found to be in violation of has been overturned.

Judge Belvin Perry issued Administrative Order # 2011 03 which states that if anyone hands out information, talks or hold a sign outside the courthouse, they would be held in contempt of court and jury tampering.


Administrative Order #2011 07 states that anything that has to do with “Free Speech” may only be done in the free speech zones which are two 10’x30’ remote areas nearly a football field away from the courthouse doors. It is the same rule that was used to jail another jury nullification activist, Julian Heicklen.

Here is Schmidter being interviewed before his court appearance in June, 2011:



Although violating these orders is a misdemeanor offense, Schmidter was charged and convicted of two felony counts. Because of the felony charges, and suspecting that he couldn't get fair treatment from the judge who wrote the Administrative Orders, Schmidter requested a trial by peers and for Judge Perry to recuse himself from the case. He was denied on both requests. Schmidter has referred to Judge Perry as the "lawmaker, prosecutor, judge, jury, and executioner."

After serving four days in jail, Schmidter was released on bail and appealed his case. As WFTV Orlando reported:
Chief Judge Belvin Perry designated a special area for public protesting, and he held Mark Schmidter in contempt because Schmidter didn't use the designated area. 
In December, an appeals court shot down the designated area but agreed court protesters could not distribute things outside court. 
Schmidter's lawyer plans to challenge Thursday's re-sentencing. (Source)

As stated on the We are All Mark Schmidter Facebook Page
Mr. Schmidter is a purely peaceful activist who believes in the historically well established rights of juries to judge the law as well as the facts and also that if there is no victim, there is no crime and jurors may agree. Please support Mark Schmidter and the #MarkSchmiderCampaign effort. If a 64 y/o Vietnam veteran can be thrown in jail for passing out leaflets with an opinion that is different than the status quo, then, We are All Mark Schmidter. 
The most recent confinement occurred per an arbitrary rule a man wrote, judged, denied jury for, sentenced under, was since found illegal by a higher court and even repealed himself due to that order.
This begs the question, since that rule has been found illegal, who is the real criminal under their actions today?
To learn about the essential importance of Jury Nullification, please view the Layman's Guide to Jury Nullification below. It should be clear why judges wouldn't want this information distributed; they prefer judicial tyranny, as opposed to juries who vote with their conscience as part of upholding America's legal tradition.



Other sources:
http://freelinemediaorlando.com/libertarian-activist-mark-schmidter-arrested-at-orange-county-courthouse-for-handing-out-jury-nullification-flyers/2840/

Read other articles by Activist Post Here



BE THE CHANGE! PLEASE SHARE THIS USING THE TOOLS BELOW



BE THE CHANGE! PLEASE SHARE THIS USING THE TOOLS BELOW


If you enjoy our work, please donate to keep our website going.

32 comments:

Mr. Mcgranor said...

Can the Judge be jailed?

Activist said...

Now there's an idea!

Anonymous said...

The judge should be jailed.

But they make the rules. You should be able to demand a jury of your peers.

abinico said...

While I admire the effort, the system will just not allow this.

Anonymous said...

In other words, no one should be found guilty by an informed jury over unjust laws restricting the 2nd Amendment.

Glo said...

This is an outrage!

Anonymous said...

Impeach the judge...charge them with violating their oath and treason...hold a trial...and then hang that judge ..right out in the "free-speech" zone they tried to establish...effing' fascists ...hang them all....after conviction...

Regards,

RJ O'Guillory
Author-
Webster Groves-The Life of an Insane Family

Anonymous said...

See the Fully Informed Jury Assn:
www.fija.org

Anonymous said...

Correction: Fully Informed Jury Association web site is www.fija.org

Hide Behind said...

Why always this distinction of a vet, they and I are all american citizens and have no more rights than any other man woman and child.
The judges acyions are just as heinous. Even if the man was not evena citizen

The whole famn country is a free speech zone and the only place that judge has jurisdiction over is in that courtroom, and even there he is not god and must follow legal procedures.
Until americans get heads out of ass and stop trying to seperate, elevate people by any means other than as US citizens or not we will never regain this nation.
That old concept about "What one does to any of us they do to all of us", needs to be ingrained in every americans head.
Jesus on a crutch, it took a damn long time "over 60 years since I heard of jury nullification as a gradeschooler when learning of American Revolution, and both dems and repubs beat back the movement in 60's for you scared bunnys to find it again.
Never the less now is now and it is one of few means left where we can try to regain our Rights ss citizens.
FACT:!:! In days before 1960's in many places in US but almost all rural the jury could actually question a defendent or witness during a trial.
They couuld demand to see the written statute of the charges and even more on applical other charges that may have a bearing, not just what the judge and prosecters say could be introduced.
Questions by jury went through their "Jury "foreman" as their chosen by them not the courts voice.
They were for clarification on spoken words or could even question reason judge over ruled or ordered testimony stricken from record or motion by lawyer
TRIALS USED TO BE MESSY AFFAIRS, but the distrust of old English, Dutch and even German court proceedings ran deep throughout this land.
Remember many a person in this country had suffered hardships inder those old "Legal Proceedings".
Course in a land of dumb and dumber where everyone is dumb unless they have a degree we end up now wanting to go back to where the basic fn need to be free took precedence over their degrees of legality.

Anonymous said...

We have an unjust court system to go along with an unjust legal system, an unjust election system, an unjust financial system, an unjust police system, an unjust prison system, and on and on ad nauseum.

I dare anyone to point out a "just" system in America!

Anonymous said...

The judiciary is the gatekeeper of society. Through the courts must pass all those who, contested, seek justice and affirmation of the rule of law. Both are routinely denied as judges have granted themselves immunity for their many transgressions when acting in their official capacity.

This means they can lie, cheat and steal when functioning in their capacity as a judge and you cannot hold them accountable for their actions. This, the courts have ruled, is necessary to insure an independent judiciary.

If judges were forced to choose between according due process of law, and prison for failure to adhere to their oath to support and defend the Constitution, within which is found your right to due process of law, you would then receive due process. Until judges are faced with this choice, you will not receive due process and you have no remedy. The courts have the power to right all of the wrongs. Until the people take back control of their courts, nothing will change. So the question is, how do the people take back their courts and force judges to comply with their oaths of fidelity to the Constitution?

Jail for Judges is a concept which has gained momentum for several years. This is legislation that, when enacted within any specific jurisdiction, will create a review board outside the judiciary, with the authority to review judges actions or negligence with an eye to correcting denials of due process and sanctioning or otherwise punishing judges up to and including imprisonment.

Once the rule of law and due process of law are re-established in a single jurisdiction, i.e. any State of the Union, the process of unraveling the unconstitutional statutes, codes, regulations and facially void judgments of that State and all others may proceed. People denied due process in any other jurisdiction need only move to this State long enough to meet residency requirements in order to petition the court for vacation of a facially void judgment which originated in another jurisdiction, that is, the case file of a judgment which demonstrates a denial of procedural due process.

The Full Faith and Credit clause of the Constitution forces all other States to honor the vacation of judgment. The foregoing applies equally to the Federal Government.

djohnston said...

"Although violating these orders is a misdemeanor offense, Schmidter was charged and convicted of two felony counts. Because of the felony charges, and suspecting that he couldn't get fair treatment from the judge who wrote the Administrative Orders, Schmidter requested a trial by peers and for Judge Perry to recuse himself from the case."

Mark Schmidter has good cause for suing the judge on Constitutional grounds. A felony is a crime. And the U.S. Constitution stipulates that all criminal cases be tried by jury. The judge should damn well know that. If he doesn't, he's incompetent and all his casess should be retried. If he's not incompetent, the judge should have to face charges in a court of law.

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

6th Amendment

Hide Behind said...

Carl Jung:
Oberservance of customs and laws can very easily be a cloak for a lie so subtle that our fellow human beings are unable to detect it. It may help us to escape all criticism, we may even be able to deceive ourselves in the belief of our obvious righteousndess, But deep down, below the surface of the average man's conscience, he hears a voice whispering, "There is something not right," No matter how much his rightness is supported by public opinion or by the moral code.
Which is an educated way to say that there is something very wrong with our legal and sociatal system of values in this nation and unless you are a completely callous dumb ass you well know it.
Now all we got to do is find the courage to correct it.

Anonymous said...

Dox this treasonous judge!!!

Anonymous said...

Um, guys "Administrative Orders" are SECRET RULES OF COURT. Question is, how many of them are there and when were they PUBLISHED?

This man has the grounds to Petition the Court of General Jurisdiction in the county for the Writ of Quo Warranto to have this "judge" removed from the bench PEMANENTLY.

Anonymous said...

http://spiritualeconomicsnow.net/
Interesting information here if you've time.

SNAKEBELLY said...

Total corruption from the lowest courts to the Supreme Court. This police state continues to violate "Rule of Law" wherever and whenever it is deemed convenient.

Anonymous said...

Since he is in a "court" where there are NO "rules of court" except secret rules of court id est "Administrative Orders", why not issue some "orders" to the social deviant in a black dress?

From: Joe Q. Private
To: (judge) Willie Whacker
Subject: Findings of Filthy "Court" Decorum, Proceedings & ORDER

Whereas there do not appear to be any rules which apply in your "court" Mr. Whacker; and,

Whereas violations of law and order occur in plain sight in your "court" daily; and,

Whereas you appear to think Judicial Canons are meant be pointed and fired at all "defendants"; and,

Whereas there apparently is a higher than usual occurrence of drug and alcohol abuse, wife beating, child abuse peadophilia and even penis pumping amongst you and your peers; and,

http://usatoday30.usatoday.com/news/...entenced_x.htm
Quote: Penis pump judge gets 4-year jail term
Posted 8/18/2006 2:50 PM ET

Whereas you seem to think you and your peers should receive some sort of award and remuneration for the Highest Incarceration Rate per capita Amongst ALL Industrialized Nations; and,

Whereas you and your attorney lackeys ALL appear to be heavily invested in or own Prison Industries thus the more folks you send up the river the more paddles you can have made and sold from your slave labor camps; and,

Whereas did you ever meet a child abusing peadophile office holder you did NOT protect?; and,

And finally whereas your court decorum and decorations need to properly reflect your "courts" operations.

Now therefore YOU Willie Whacker are from this day forward
hereby ORDERED to faithfully execute the following daily:

Firstly thou shalt never sit lawfully as a judicial officer bound by an oath of office to support the Constitution whilst daily taking faithful Judicial Notice of the true colors and proportions
of the United States Flag (and state flag as required) specified in Title 4 USC Chapter 1

http://uscode.house.gov/download/pls/04C1.txt; and,

Secondly, EACH and EVERY day before thy "court" commences yee shall take down the US (and state) flag, place same neatly on thy bench and stomp on said flag(s) for at least two (2) minutes, or at least until every square inch of said flag has thus been stomped, which ever comes first. Then, prior to properly placing said flag back on its stand, yee shall relive thyself on said flag such that thy urine shall penetrate every square inch of said flag through to all edges; and,

Thirdly, proper execution of this ORDER shall result in the edges of all said flags in thy "court" room to become pissy yellowy and frayed ergo we the undersigned shall KNOW upon examination of thy "court" whether said ORDER has been faithfully executed; and,

Failure to comply daily with this lawful ORDER shall result in freedom for all in America.

It is so ORDERED,

Joe Q. Private

/s

Have as many as possible sign these orders, serve them lovingly in open "court" and distribute lots o copies.

Anonymous said...

This only goes to prove what your "service" to your country (or should I say corporations) is worth. Absolutely nothing the PTB.

My great-great grandparents had solutions to such judicial, and political behavior. . Tar and feathers, and lamposts and rope! Not to forget the ride on the rail after the feathering. .

Anonymous said...

I LIVE IN A COUNTY IN INDIANA THAT IS SO CORRUPT THAT IS STINKS MORE THAN ITS LANDFILL. I TELL AS MANY PEOPLE THAT I CAN TO TELL AS MANY PEOPLE THAT THEY CAN. YOU CANNOT CONVICT SOMEONE IN GOOD CONSCENCIOUS IF THERE IS A SHADOW OF DOUBT. IN THIS DAY AND AGE, IF THE COPS OR THE PROSECUTER WERE INVOLVED IN ANY WAY SHAPE OR FORM, THEN I GUARNTEE, ESPECIALLY IN MY COUNTY THAT THERE IS A SHADOW OF DOUBT. THEY TRY TO KEEP THE JAIL FILLED SO AS TO LINE THEIR POCKETS WITH FEDERAL DOLLARS. THEY PROBABLE HAVE STOCK IN THE PRIVATELY OWNED PRISONS OR GET KICKBACKS. THEY HAVE SO MANY SCAMS GOING ON TO STEAL MONEY FROM THE PEOPLE THAT IT WILL MAKE YOUR HEAD SPIN. EVERYONE MUST UNDERSTAND, IF YOU THINK THE LAW IS BULLSHIT YOU MUST AQUIT. VOTE NOT GUILTY NOT GUILTY NOT GUILTY NO MATTER HOW MANY TIMES THEY TAKE A VOTE. THIS IS THE ONLY WAY TO GET THE GOVERNMENT OFF OUR BAXK.

Anonymous said...

most unfortunate... While it is true that one should be able to challenge the system ,,, the system is more than a little rigged. the moment one steps into a court room one is no longer in America. One finds themselves 200 miles off the coast in maritime or admiralty law... wherein one has no constitutional rights. And I do mean none, zero, zip. This has been in fact for probably since 1874 or there abouts. And it doesn't matter what or how you vote. Allegedly, one can request a preliminary pretrial hearing to request ones constitutional rights be maintained ...but you did notice the word request. They obviously can deny anything they want.
They think they own us and they aren't far from correct... however, think about this... what part of this do you not appreciate? and what does your Sheriff know about this? I would ask Mr. Schmidter where is your Sheriff? Educate your Sheriff before it becomes noted that the judge doesn't like you..
Your Sheriff is the law. He/She is the law over city and state police and the judge.

Anonymous said...

This judge and others like him are out of control. They are all bound by the laws and both the state and federal constitutions and if they stray they are subject to prosecution and impeachment. Historically, prosecutors who wrongfully dominate and control grand juries have not been a check on their fellow lawyers by indictment. Ditto lawyer dominated legislatures. But they can be coerced into taking action through public pressure.
I suggest petitioning the legislature to bring an impeachment action against the judge. Such a move by the citizens of Florida would bring to the attention of all not only the instant case but the sad situation of the entire judiciary. Resulting publicity would hold the legislature's feet to the fire and compel it to act. I might even force a retirement but that should not be allowed the miscreant to escape the penalties of a conviction.

Anonymous said...

These judges have immunity from a civil lawsuit. But after the appeal is won, Schimdter should file a complaint with the Judicial Ethics Board and State Bar. The other judges will probably cover for their Masonic brother, but its worth a try.

Anonymous said...

If you elect a REAL SHERIFF in your county That would be the end of Judges getting away with this CRAP! ...who arrested this Schimdter?!!!.... the Judge? .... NO... the Sheriff did !! OK so thats the problem! ...The Sheriffs job is not to, OBEY the JUDGE or the COURT! ...HIS job is to protect the American people from TYRANTS ! and in this case just ignoring the court or the judge's order! IS the AMERICAN WAY ... its called nullifying bad law ! the jury can do it also! but why go through the trouble when the Sheriff can nip it in the bud

Anonymous said...

I hope his neighbors and other citizens of his community are standing by him. I wouldn't stop protesting in front of his house until he is set free. Looks like a jailbreak is in order.

Anonymous said...

Schimdter, has a Title 42 action against this Judge and if two others also file a title 42 action against this judge, that would be 3 strikes and said judge would not be able to practice anymore of his tyrannical judicial prudence and he would be lucky if he could find employment as a ditch digger.

Anonymous said...

He stopped behaving like a lawful judge the minute he spouted such drivel, fire him & prosecute him for official oppression, wash, rinse, repeat!

Anonymous said...

The lawyers have taken over all three branches of government & there is no longer separation of the powers, just fraud & corruption.

Anonymous said...

The judge can not legislate by any means, especially expression that does not incite violence. I hope that Mark is considering bringing a lawsuit against this judge for acting under color of state law. People have an equal right to reject as well as accept any kind of thought or concept. Mark certainly would not have been treated harshly if he was espousing spiritual epithets, and as a matter of fact most people hearing that would immediately reject or accept these type of messages no different that listening to some evangelist. This judge acted extra-judicially beyond the circumstances and Mark's constitutional guarantees. Mark should also consider taking a criminal complaint before a grand jury. Enough is a enough.

Mark Schmidter said...

I'm out of jail now. I'm ready for more political activism!

Anonymous said...

One problem here in my opinion, is this judge is NOT a rare "bad" one. This is the same thing most judges would do in the same circumstances. The government hates the jury knowing it is able to "vote its conscience." They want the jury to believe they must set their conscience aside and vote based on the evidence of the so-called "crime" regardless of whether a real crime has been committed.

Post a Comment