Fully Informed Jury Association

Are you fully informed about jury nullification?

Jury Nullification | 12 Aug 2015

-Denver DA Doubles Down on Jury Nullification Arrests

Share

photo credit: Janet Matzen

A second juror rights educator has been arrested this past weekend in Denver. According to another press release from the Denver DA’s office, Eric Brandt is also charged with seven counts of alleged jury tampering.

This morning I requested the charging document and probable cause statement from the contact person listed on the press release, but haven’t yet seen it. Therefore, I speculate that the seven charges are probably for violations of the same law that Mark Iannicelli is accused of violating.

That law, C.R.S. 18-8-609, says:

18-8-609. Jury-tampering

(1) A person commits jury-tampering if, with intent to influence a juror’s vote, opinion, decision, or other action in a case, he attempts directly or indirectly to communicate with a juror other than as a part of the proceedings in the trial of the case.

(1.5) A person commits jury-tampering if he knowingly participates in the fraudulent processing or selection of jurors or prospective jurors.

(2) Jury-tampering is a class 5 felony; except that jury-tampering in any class 1 felony trial is a class 4 felony.

As in Mr. Iannicelli’s case, I see nothing in the press release that meets the definition of the violation of which Mr. Brandt is accused. I have also briefly spoken with Mr. Brandt on the phone several days ago, and nothing that he described as far as the juror rights outreach activities taking place meets the definition of jury tampering either.

Yet the Denver DA seems to have doubled down for some reason, in choosing to charge Mr. Brandt in addition to Mr. Iannicelli. It is not clear why the DA’s office waited for more than a week after charging Mr. Iannicelli to charge Mr. Brandt.

Mr. Iannicelli’s first court date in this matter was yesterday. According to one report, the judge in the case would not commit to joining the two cases, which seem to be for the exact same thing from what I know at this point. However, he did reportedly allow the attorneys for the defendants in these cases to subpoena all the complainants, including the district attorney:

Denver DA Mitch Morrissey to be subpoenaed in jury tampering case of Mark Iannicelli and Eric Brandt

The target of a recent recall effort, the Denver DA won’t indict killer cops or sheriff’s deputies, but Morrissey and his cronies in the DPD will have to show up August 31 at 8:30am to account for the abridged First Amendment rights of Messrs Brandt and Ianicelli.

Previous coverage of this case:
Updates on Mark Iannicelli Arrest for Jury Nullification Education
Man Sharing Jury Nullification Information Arrested in Denver

Share