* Pastor Thrown Out Of Court Building
- J.A.I.L. News Journal
Los Angeles, California July 26, 2001Pastor Thrown Out Of Court Building----- Original Message -----From: wileydrake@...To: jail4judges@...Sent: Friday, July 27, 2001 12:57 AMSubject: Letter on Judge sent to D.C.To:
Dear Fellow Americans:
On July 25,2001 my God given, constitutionally protected rights were
violated, and I am asking that the U.S. Justice Department investigate,
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.....
These 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 Justice2. "The jury has the right to determine both the law and the
facts " Samuel Chase U.S. Supreme Court Justice, 1796 and signer of The
Unanimous Declaration3. "The jury has the power to bring a verdict in the teeth of
both law and fact " Oliver Wendell Holmes U.S. Supreme Court Justice 19024. "The law itself is on trial quite as much as the cause which
is to be decided" Harlan F. Stone 12th U.S. Supreme Court Justice 19415. "The pages of history shine on instances of the jury's
exercise of its prerogative to disregard instructions of the judge..."
U.S. vs 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 that
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 man.
Dr. Wiley S. Drake, Pastor
Below is what happened today in court I am now not able to even go in the courthouse.
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, Fullerton, California.
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 Center.
5. This order shall remain in effect until further notice.
Executed in Fullerton, California on: Dated: July 26, 2001.
GREGG L. PRICKETT
FAX 1-714-441-3508, or 1-714-773-4639
Judge of the Superior Court
This editor has personally known Pastor Wiley Drake for two or three years, and knows him to be a man of conviction, principle, and one not afraid to stand in the face of government challenge. He is the same pastor who was attacked by the City of Buena Park (where his church is located) because he opened his ministry to the homeless. Pastor Drake's email is wileydrake@..., and he would appreciate your letter of expressed support. Oh, yes, and perhaps Judge Prickett might like to hear from you too at his fax numbers above. Incidentally, Judge Prickett is a colleague of Judge James Marion presiding in Dept. N-19 of the same courthouse, who stated on July 13th that there are thousands of emails going around the country about that organization (meaning J.A.I.L.) when he noted for the record that several in the courtroom were wearing JAIL4Judges T-Shirts. Are these judges laying awake at night thinking about JAIL4Judges?J.A.I.L. is the new means of a peaceful revolution in this country.
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