----- Original Message -----
Sent: Friday, July 27, 2001 12:57 AM
Subject: Letter on Judge sent to D.C.
On July 25,2001 my God given, constitutionally
protected rights were
violated, and I am asking that the U.S. Justice
protect, and give back to me those rights. My rights
under the First
Amendment, under the establishment clause, freedom of
speech, and free
press, were taken away from me by Judge Greg Prickett, and
the Orange County Superior court.
At 9:00 a.m. I was as a member of
the public, in the hallway of the
Superior court building, and as a member
of the broadcast press, was
broadcasting a live radio show. On this
broadcast, as well as many other
broadcast in a public place, I was
exercising my right of free speech, and
practicing my religious commands as
found in the Holy Bible.
I was using a standard cell phone, in my normal voice to broadcast and
discuss the rights of a free nation with a jury system. During the broadcast
I quoted the following events that I believed were in relationship to the
members of a jury being able to exercise their God given rights to judge
both the law and the facts in a case.....
quotes are as follows........
1. "The jury has a right to judge both the
law as well as the
fact in controversy" John Jay 1st U.S. Supreme Court
2. "The jury has the right to determine both the law and the
Samuel Chase U.S. Supreme Court Justice, 1796 and signer of
3. "The jury has the power to bring a verdict in the teeth of
law and fact " Oliver Wendell Holmes U.S. Supreme Court Justice 1902
4. "The law itself is on trial quite as much as the cause which
to be decided" Harlan F. Stone 12th U.S. Supreme Court Justice
5. "The pages of history shine on instances of the jury's
of its prerogative to disregard instructions of the judge..."
Dougherty,473 F 2nd 1113, 1139 (1972)
When I began my broadcast there
were no members of the public within 20 feet of the location where I was
broadcasting. (This area is known to cell phone users as a strong signal
location.) After about 20 minutes into my broadcast several members of the
public began to gather in the hallway near me. Some of these people were wearing
jury badges. As I saw these badges, and knowing the content of my discussion, I
moved slightly away from their location trying to get out of their ear range,
while at the same time trying to stay in a strong signal area for my cell phone.
I mentioned to my producer in the studio that my voice would be lower since
previously the Orange County Sheriff Department officers had said it was fine
for me to broadcast in this area, but to please keep the volume as low as
possible. At no time did I approach any member of the public, nor did I direct
my comments to, or toward them. Several times during this broadcast I moved when
a member of the public would come close to listen to me.
During my discussion of jury rights, I mentioned that a Judge Pricket uses
a Pink wall analogy when he instructs jury members in this situation of
judging the law and the facts. I mentioned that I had heard with my own
ears, and had it reported to me by others, that he had said "As a jury
member, if I tell you the walls of this courthouse are pink, they are pink!
Therefore, you are not to judge the law, that is my job. You are only to
judge the facts in the case." ....
During my broadcast two officers came to me and said that Judge
Prickett had ordered me into his courtroom. I explained that I was doing a
live broadcast, and would be glad to meet with Judge
Prickett in about 30 minutes when I went off the air.
The officers said I was under arrest and they drug me before Judge
Pricket in his courtroom, ripping the cell phone from my hands and
ending my broadcast. Judge Prickett then ordered me to remain at least 200
yards from his courtroom, and I was escorted out. I ask the officers
for advice of the distance of 200 yards, and they said, "Anywhere in this
courthouse is off limits to you by the judge's order."
I then left the courthouse, re-established communications with my station
and finished the last 10 minutes of my broadcast from the parking lot more that
200 feet from the judge's courtroom.
One hour later I was met by an attorney who had served me to be in a case
in the same courthouse. I reported to the courtroom, making them aware that I
might be in violation of the distance order, and I left the
courthouse. While I was exiting the courthouse, two officers came to me and
said, "You are in violation of judge Prickett's order, and under arrest."
They took me once again before Judge Prickett. I explained why I was in the
courthouse, and so did the attorney on the other case. Judge Prickett then
ordered me to be in court at 9:00 a.m. Thursday, July 26 where he would issue
another order changing the distance to 100 yards and putting in writing the
details of my having to stay away from jury members and his courtroom. (This
order to appear once again will prevent me from my free speech to broadcast, and
my right to practice my religious beliefs.)
My next broadcast is at 9:00 a.m. July 26. My religious commands from God
come from the Old Testament as well as the New. Micah 6:8 "What doth the
Lord require of thee, but to do justice, love mercy, and walk with God."
Matthew 23:23 Jesus said, "Weightier matters of the law, justice, and
mercy, and faith, these ye ought to have done."
Speaking out about
injustice is not only my right of free speech, and
freedom of the press to
broadcast it, but is an integral part of my
religious life given to me by
God and supposed to be protected by the
I am asking that an investigation of this matter be brought forth, and
my First Amendment rights be restored. Please hear my plea and restore
my God given Constitutionally protected rights. I have been treated like a
common criminal, and have had my rights taken away. Please help me, I do not
want to break the law, but I must obey God rather than
Dr. Wiley S. Drake, Pastor
Below is what
happened today in court I am now not able to even go in the
1. That Mr. Drake is prohibited from
"broadcasting his radio show from within the North Justice Center of the Orange
County Superior Court, 1275 North Berkeley Avenue, Fullerton, California. (A
copy of a map delineating the boundaries of the North Justice Center is attached
and incorporated into the this order).
2. That Mr.
Drake is prohibited from the use of a cellular phone or telephone while within
the North Justice Center of the Orange County Superior Court, 1275 North
Berkeley Avenue, Fullerton, California.
3. That Mr.
Drake is prohibited from communicating with any sitting juror, juror,
prospective juror, or any person wearing a "juror badge" within the North
Justice Center of the Orange County Superior Court, 1275 North Berkeley Avenue,
4. That Mr. Drake is prohibited
from being within 100 yards of Department N-12 of the North Justice Center of
the Orange County Superior Court, 1275 North Berkeley Avenue, Fullerton,
California, unless his attendance within that area has previously been ordered
or required by the issuance of a lawful subpoena and Mr. Drake is scheduled to
testify that day, a promise to appear on a traffic ticket, an arraignment letter
to appear in court issued by a prosecutor's office, a court ordered appearance,
or with leave of this court or any judge or commissioner of the North Justice
5. This order shall remain in effect until
Executed in Fullerton, California on: Dated: July 26,
GREGG L. PRICKETT
FAX 1-714-441-3508, or 1-714-773-4639
Judge of the Superior