Time: Sat Aug 23 07:57:40 1997
by usr03.primenet.com (8.8.5/8.8.5) with SMTP id GAA05131;
Sat, 23 Aug 1997 06:58:19 -0700 (MST)
Date: Sat, 23 Aug 1997 06:56:54 -0700
To: "Kathie" <kathiem@mail.microserve.net>
From: Paul Andrew Mitchell [address in tool bar]
Subject: Kevin Harris/Double Jeopardy
See Heath v. Alabama, 474 U.S. 82, 89-90 (1985)
for a holding on double jeopardy, with similar
facts. This case is quoted in Chapter 11 of
"The Federal Zone".
/s/ Paul Mitchell
http://www.supremelaw.com
At 09:34 AM 8/23/97 +0000, you wrote:
>My thoughts on the following Associated
>Press Article about Kevin Harris being charged
>with first degree murder:
>
>The Fifth Amendment to the Constitution, in part, reads:
>
> "No person shall be held to answer for a capital, or
> otherwise infamous crime, unless on a presentment
> or indictment of a Grand Jury, except in cases
> arising in the land or naval forces, or in the Militia,
> when in actual service in time of War or public
> danger; nor shall any person be subject for the same
> offense to be twice put in jeopardy of life or limb,
> ...."
>
>Questions:
>
>1. While the "United States and Idaho are legally independent
> governments," as the article states, the Fifth Amendment makes
> no such distinctition for the right to be protected against the
> "double jeopardy" clause. Doesn't the Fifth Amendment apply
> to *Americans* in terms of being a *citizen of the U.S.* living in
> *any* of the several states? After all, the Fifth Amendment
> says "no person;" it doesn't say, "no State citizen" or "no U.S.
> citizen."
>
>2. This "double jeopardy" clause has been violated in other
> infamous cases....remember the cops charged with beating
> Rodney King? Weren't they placed in double jeopardy as well?
> That case was far different from the Ruby Ridge incident,
> and I use it only as an example to support my claim.
> What other highly publicized cases violated the Fifth
> Amendment? I would bet that a list of them would show
> them to be cases selectively prosecuted for political purposes.
>
>3. The Fifth Amendment says a Grand Jury "presentment or indictment"
> is required in a capital case. Why is it that "indictments" are
> generally obtained in *Federal* cases, but not in *State* cases
> where, normally, the local county District Attorney brings
> charges "on behalf of the State?"
>
>4. Did the State of Idaho convene a Grand Jury and "indict" Kevin
> Harris, or did the local DA file charges?
>
>5. When did we, in this country, stop using Grand Juries to
> obtain indictments in capital or infamous cases?
>
>6. I'm of the personal opinion that these charges against Kevin
> Harris will backfire on the State prosecutor in Idaho. Once the
> entire Randy Weaver matter is brought to light again, another
> jury (and one in Idaho I might add where the people have
> had their fill of an overreaching government) will again have an
> opportunity to see the abuses of a Federal Government
> operation out of control. It will bring to light AGAIN the
> horror that occurred on Ruby Ridge, lest our sleeping
> America has forgotten. And let's not also forget that it is
> suspected that the bullet that killed Marshall Degan came
> from the gun of the other federal marshall who accompanied
> him in a tragic mistake of fate. Perhaps a new trial
> would bring *that* dirty little secret to light.
>
>Your ideas?
>
>http://www.tampabayonline.net/news/news1004.htm
>
>8/23/97 -- 4:44 AM
>
> Ruby Ridge suspect released from jail,
> awaits state murder
>
>
> BONNERS FERRY, Idaho (AP) - The day after he turned himself
> in, a friend of white separatist Randy Weaver was released
> from jail to await trial on a charge of murder in the 1992
> siege at Ruby Ridge.
>
> Magistrate Judge Quentin Harden agreed with a defense
> request Friday to cut Kevin Harris' bail from $500,000 to
> $10,000. He was released a couple of hours later after
> family members collected the cash.
>
> Harris, 29, of Republic, Wash., is charged in state court
> with first-degree murder and aggravated assault. No trial
> date has been set.
>
> Harris is accused of killing Deputy U.S. Marshal William
> Degan in a shootout that sparked the 11-day standoff at
> Weaver's mountain cabin. Also killed in the confrontation
> was Weaver's 14-year-old son, Samuel.
>
> Harris was acquitted of murder and other charges in a 1993
> federal trial. His lawyer, David Nevin, told the magistrate
> he will ask for the new charges to be dismissed because
> Harris already has been tried and acquitted.
>
> ``Kevin is not guilty,'' Nevin said in court. ``I know we
> didn't come here to enter a plea. I know that he intends to
> see this through. He's not going to run from this.''
>
> Prosecutors say charging Harris with murder doesn't violate
> the constitutional protection against double jeopardy
> because the United States and Idaho are legally independent
> governments.
>
> Boundary County has also filed an involuntary manslaughter
> charge against Lon Horiuchi, the FBI sharpshooter who killed
> Weaver's 42-year-old wife Vicki during the siege.
>
> County spokeswoman Ann Thompson said prosecutors did not
> expect any court proceedings stemming from Horiuchi's charge
> for about 10 days.
>
> Horiuchi remained on the job Friday as a member of an FBI
> hostage rescue team, the FBI told The Spokesman-Review
> newspaper of Spokane, Wash.
>
> Copyright 1997 Associated Press. All rights reserved. This
> material may not be published, broadcast, rewritten, or
> redistributed.
>
>
>
>
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========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
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