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Score A Minor Legal Victory

Had a jury trial start today, and one of the pre-trial motions I filed was to have the Court bar the prosecutor from wearing a religious symbol, in Court, and in front of the jury. While the elected prosecutor is a female, the motion was directed at her assistant, who is participating in the trial. He is a fundamentalist Xtian who wears a three inch cross around his neck, advertising how he "loves him some Jesus!"

Long story short, I argued my client's right to receive a fair trial trumped his right to advertise his religion. And, how his display of the cross put "god on his side" in a secular Court of law. 5th and 6th Amendment, and the first part of the establishment clause of the 1st Amendment, running head on into the second part of the establishment clause and right of freedom of expression under the 1st Amendment.

Not only did the judge rule in my favor, he made it clear that there would be some serious sanctions against the State should he have that thing draped around his neck in front of not only this jury, but any future jury.

Now, when I won (the hearing - trial is still going on), you'd have thought I shot his brand new puppy on Xmas morning. "Mom and Dad. I going to name him Spark-(ka-pow!)-EEEEEEEEE!!!!!"

Guess 'ole JC must have been filling out his NCAA bracket and missed the hearing.

In case you're wondering, here's a video of the prosecutor wearing the cross. By the way, it was a campaign video and he lost.

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Permalink Reply by Tom Sarbeck on March 19, 2013 at 2:29am

Thank you, Pat, for the step you took. Minor victories contribute to major victories. Congratulations.

I've won several speech clause victories more minor than yours; they required no court action.

I ask people to pledge allegiance to the Constitution, not to the flag.

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Permalink Reply by Joan Denoo on March 19, 2013 at 3:24am

I like that idea Tom. Flag waving does not set well with me, nor do I want to pledge to an avatar. The Constitution makes more sense.

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Permalink Reply by Joan Denoo on March 19, 2013 at 3:22am

Pat, good job! You argued on sound foundation and for justice. Thankfully, the judge heard you.

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Permalink Reply by Loren Miller on March 19, 2013 at 5:11am

OUTSTANDING, Pat, and big-time congratulations to you! Frankly, I think ANY religious symbol, whether a cross, star of David or the 10 commandments, has about much place in a courtroom as a hole in the head. They should be BANNED as a matter of professional decorum, FULL STOP.

As for that garish cross your opponent was wearing, any larger and you'd think he was going for bling! YUK!

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Permalink Reply by Pat on March 19, 2013 at 6:55pm

Thank you Tom, Joan and Loren. Quick update. He appeared in Court, and there was NO display of JC's execution device. He got the message loud and clear. However. he's still royally infuriated over this ruling. Funny thing. He tore into one of my witnesses on cross examination, motivated by his animosity for me, in a way that he thoroughly pissed off and turned off the jury. I objected a few times, but then I thought, what the hell, he's hanging himself and the more I object, the more I'm taking the rope away from him. Let him go. Now, I could still lose (based on the fact that my client gave the victim a compound fracture to the jaw - minor detail I'm trying to get around), but I figured, let him make an ass out himself, and I sat back and grinned like the Cheshire Cat.

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Permalink Reply by Joan Denoo on March 20, 2013 at 12:27pm

Pat, excellent example, and funny to imagine, of limits being set on belief, not evidence. His belief, challenged as inappropriate in a court of law, is your victory. I am so happy to learn that. This reveals the complexity of the belief/evidence divide and the conflict can get ugly. When intelligent, strong, compassionate, courageous and vocal people make known the principle of separation of church and state our nation benefits.

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Permalink Reply by Pat on March 20, 2013 at 8:19pm

Thank you Joan. One of the things I was prepared to argue, but didn't have to, was Article 11 of the Treaty of Tripoli, just in case he brought up the Xtian BS propaganda lie of how the US is a Xtian Nation. I had printed copies of Article VI of the US Constitution, along with the Treaty. Fortunately, I had a good judge (30 years on the bench), and I didn't need to get that far.

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Permalink Reply by booklover on March 19, 2013 at 8:22pm

Way to go Pat! You are awesome!!!

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Permalink Reply by Napoleon Bonaparte on March 19, 2013 at 10:23pm

That crucifix shown in the video would have looked ridiculous and out of place in court, especially when worn by a male in a suit.

I'm glad the judge ruled in your favour.

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Permalink Reply by Lillie on March 20, 2013 at 8:43pm

Congratulations, Pat. Every little inroad helps.

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Permalink Reply by Joan Denoo on March 21, 2013 at 5:06pm

I am so grateful to all you world-wise and sophisticated people; I learn so much from you all. For example:
"bling - definition of bling by the Free Online Dictionary, Thesaurus ...
www.thefreedictionary.com/bling Noun, 1. bling - flashy, ostentatious jewelry; "the rapper was loaded with bling". bling bling · jewellery, jewelry - an adornment (as a bracelet or ring or necklace) ..."

I just don't have any bling in me ... or on me.

I don't know if I am bragging or complaining.