Stanley for U.S. Senate 2002 - Colorado


"This time make your vote count!" - Rick Stanley, Libertarian for U.S. Senate 2002 - CO
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Kangaroo Court Convicts Stanley, Philp
June 2002 issue - The Colorado Liberty
By Michelle Konieczny

Rick Stanley, Libertarian candidate for U.S. Senate, and local gun-rights activist Duncan Philp were both convicted last month of violating Denver municipal code section 38-117.5(b) by openly carrying a deadly weapon. The defense will appeal both convictions on constitutional and procedural grounds.

Stanley and Philp were arrested on December 15, 2001, during a Bill of Rights rally at Veterans Park in Denver, where each openly holstered a firearm on their hip. The two were performing an act of civil disobedience intended to force the courts to declare this ordinance unconstitutional.

After several delays requested by the city, Rick's trial finally commenced on May 15, 2002. Defense attorney Paul Grant requested a jury of 12 people. The motion was denied by Judge Robert L. Patterson, who ordered a jury of 6. After the preliminary proceedings and before calling in the jury pool, Patterson ordered the courtroom cleared of all observers. Grant objected to this, saying it would deny his client a public trial. Patterson finally allowed the observers to re-enter the courtroom after the potential jurors had been seated.

Five of the 12 potential jurors chosen for voir dire were employees of the city and county of Denver. While questioning one city employee -- a Denver police officer -- Grant drew objections when he asked a hypothetical question about jury instructions. The question mentioned the Second Amendment and Article II, Section 13 of the Colorado Constitution, both of which guarantee a citizen's right to keep and bear arms.

Prosecutor Paul Puckett objected to the question, and after restoring order to the courtroom, Judge Patterson sent the jury pool to lunch. Patterson then proceeded to lecture Mr. Grant, stating that he had already issued an order in the case directing him not to mention the U.S. Constitution, or the Colorado Constitution, during the trial. The judge asked Mr. Grant if he understood, and he replied he did not. Patterson explained in more detail that Grant was not allowed to mention the Constitution during voir dire, opening remarks, direct testimony, or closing arguments. Grant stated he still did not understand the order, at which time Patterson grew visibly irritated. Patterson cautioned Grant that he was, "treading on dangerous ground," threatened sanctions, and then recessed the trial for lunch.

The jury was selected and testimony commenced that afternoon. The arresting officers testifies that in their opinion Stanley was not a threat, and that he was cooperative during the arrest. Testifying on his own behalf, Mr. Stanley said the reason for his actions was to exercise his constitutionally protected right of self-defense. The trial was recessed shortly after 5 p.m.

The court reconvened on Friday morning, Jury Instructions were proposed. Mr. Grant made several motions about the wording of the jury instructions, all of which were denied by Patterson. Grant also presented several affirmative defenses for Stanley's actions, including citing a Colorado Supreme Court precedent. The judge denied those motions as well, stating that the Colorado Supreme Court instructions, the Colorado Consitution, and the Federal Constitution did not apply citing Denver's status as a "home rule city".

The jury was called and closing arguments were presented. The prosecution argued that Stanley had no need to defend himself that day. Paul Grnat emphasized the fact that Rick had not acted with criminal intent; and that he went to Veterans Park to "assert his rights, and to defend the rights of all citizens of Colorado." The jury deliberated for about an hour, then returned with a guilty verdict.

Duncan Philp was convicted in a similar trial on May 29, 2002. Judge Mary Celeste also ordered that the Constitution could not even be mentioned. Philp characterized the whole things as a "charade".

Afterwards, Paul Grant said he is confident about winning new trials, and possibly gaining an acquittal for Rick Stanley. Both judges "ignored the state and federal constitutions, and disregarded clear directions from the Colorado Supreme Court." Grant is confident he will find an appellate court to overturn both of these "terribly wrong convictions." Grant also thinks a higher court will rule the Denver ordinance unconstitutional at some point during the appeals.

Stanley and Philp face separate sentencing hearings in July with possible penalties of up to 1 year in jail, and fines up to $999.00 -- the maximum allowed for a misdemeanor conviction. Stanley will appear in courtroom 151P at 8:00 AM on July 25. Mr. Philp will be sentenced in courtroom 150F on July 12. The Denver courthouse is located at 1437 Bannock Street in Denver, Colorado.

Paul Grant estimates the near-term appeal costs for both men to be $5,000 - $6,000. Mr. garnt has reduced his fees for their defense, which could take upwards of two to three years' time and may include a trip to federal court. Both Stanley and Philp will most likely remain free during their appeals, although each may be required to post bond.

Mr. Grant also said, "Supporters of constitutional liberty can support Rick and Duncan by contributing to the costs of their appeals. These two men have risked their liberty. It would be great to see all their financial expenses covered by contributors." Donations for the cost of their defense should be sent with checks payable to Paul Grant, PO Box 2720, Parker, CO 80134. Contributors are asked to include a note stating the money is to be used for the Stanley/Philp defense fund.


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