148*** Jury Duped!
- Aug 5, 2000Some of you may have noticed a break in the reception of your email from JAIL. You are due an explanation. Ronald Branson, the founder and author of JAIL, and also the editor of the articles which are sent by JAIL, was checked into the hospital emergency, in which they admitted him for a week for treatment of a nasty leg infection. Having been discharged yesterday, Friday 8/4/00, he is having to operate at approximately 50% capacity with the need for rest and his leg elevated. Though out of the hospital, his recuperation continues and he must return on August 17th for a follow up examination. Thanks for your understanding.
Jury Duped!Alice-in-Wonderland Verdict finds Novato mom guilty
Observation and Opinionby Philip Graf, Bureau Chief, Coast Writers Syndicate
7/21/00, San Rafael, CA - "Why, you're nothing but a pack of cards!" said Alice.
"Vieira is a whore!" said Patricia Barry,* referring to DA Kelly Vieira's role in the persecution of her client. It was an emotional indictment of the proceedings against Carol Mardeusz, .... Barry, charging unethical tactics and judicial ineptness, challenged the "tremendous injustice being done in this courtroom," and accused Judge Verna Adams with maintaining a "thin veneer of civility" covering over
"bold-faced fraud" and "corruption."
"God forbid I should show some temper [while] some sociopath like Catherine Conner [gets away with lying, so long as she does it sweetly and civilly]. Conner, Magers' attorney, orchestrated the legal-appearing kidnapping of Haleigh Magers-Mardeusz from her mother, five years ago.
"You're so worried about shouting - the dignity of the court. You have the protection of black robes and bailiffs with guns." ... Barry, crying out "God help us all in this courtroom!
[Vieira's] protecting that pedophile. I pity that little girl! I pity you, Judge Adams! ...."Alice would have been proud. Predictably, Barrry's passionate oratory was lost on Judge Verna Adams, who stopped short of yelling "off with their heads," but did fine the outspoken co-counsel $1,000; and later ordered bailiffs to place her in a holding cell for several minutes.
The Alice-in-Wonderland aspects of this trial have been evident from the outset. Judge Adams ruled on her own disqualifications; the DA exceeded statutory limitations for prosecution; ... evidence was not allowed in the trial; and Adams repeatedly told the jury that prior Sonoma County rulings were "valid." Since the bulk of the defense was that
certain Sonoma County orders were based on fraudulent manipulation, this dealt a severe blow to any semblance of justice. Adams also allowed the prosecution to repeatedly refer to Mardeusz's "criminal" record, ignoring that her prior conviction misdemeanor contempt citation is under appeal in
The jury deliberated about five hours on Friday, returning a guilty verdict on all counts. They did not look at the defendant, and left the back way. Two jurors contacted refused comment.
"This is a travesty," said Rev. Lynette Shaw, of Fairfax. "The jurors couldn't come to a fair verdict, because they weren't allowed to see all the evidence."
The jury ... was "duped into participating into what amounts to a kangaroo court, orchestrated by DA Paula Kamena, Kelly Vieira, and Judge Adams - with who knows how many players behind the scenes," said Ron Mazzafero, who researched much of the evidence for the defense attorneys.
The jurors can hardly be blamed. They weren't allowed to see evidence or hear complete testimony, and Adams, like most judges, lied to them about their powers, instructing them that they could not judge the law, nor could they consider the ramifications of their verdict. Judges routinely "instruct" in this manner, but the fact is, the jury has more power than the judge.....Deputy DA Viera did a credible job of presenting persuasive "evidence" against Mardeusz. That the evidence was insupportable in the absence of Adams' arbitrary rulings against the defense was apparently lost on the jury. Adams showed hostility and bias against the defendant and her attorney throughout the proceedings. Her repeated ruling that the prior Sonoma County rulings could not be challenged clearly sealed the fate of the falsely accused [defendant].
When Nedra Ruiz, lead attorney for the Mardeusz defense, wrapped up the case on Thursday, she had to do so with mountains of evidence which jurors were not allowed to see, because of Adams' rulings. A stone couldn't have failed
to be moved by Ruiz's defense, but the jurors dutifully followed the judge's unconstitutional instructions, not recognizing that injustice to one is injustice to all.
If the people of Marin fail to learn about their powers as jurors, this sort of travesty will continue. All one need do, is look at the composition of the Grand Jury, which includes at least one sitting judge. How can a Grand Jury which has been infiltrated and influenced by the judiciary be expected to do
its primary job of investigating official malfeasance, judicial arrogance, lack of accountability and corruption?The villains are in the DA's office and on the bench. They are abusing the powers of their office to protect criminals and pedophiles, and only a few courageous voices are lifted up
against them. You can learn more by contacting the Fully Informed Jury Association (www.fija.org) or Jail4Judges, POB 207, North Hollywood, CA 91603 (www.jail4judges.org).
And if you haven't yet signed the recall petitions, or joined the broom marchers, now is the time.
Otherwise, as Patricia Barry said, "God help us all."
© 2000, Coast Writers Syndicate
Permission to reprint granted. Sources available.
* Attorney Patricia Barry is a proponent of JAIL in California, and also one of the JAIL attorneys. She has appeared as a guest on several radio programs, speaking on behalf of JAIL. -Ron BransonJ.A.I.L. (Judicial Accountability Initiative Law)
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