Time: Sat Aug 23 07:57:45 1997
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Sat, 23 Aug 1997 07:12:02 -0700 (MST)
Date: Sat, 23 Aug 1997 07:10:38 -0700
To: "Kathie" <kathiem@mail.microserve.net>
From: Paul Andrew Mitchell [address in tool bar]
Subject: Kevin Harris/Double Jeopardy
"It has been uniformly held that the States
are separate sovereigns with respect to the
Federal Government because each State's power
to prosecute derives from its inherent sovereignty,
preserved to it by the Tenth Amendment, and not
from the Federal Government. Given the distinct
sources of their powers to try a defendant, the
States are no less sovereign with respect to each
other than they are with respect to the Federal
Government."
[Heath v. Alabama, 474 U.S. 82, 89-90 (1985)]
At 10:10 AM 8/23/97 +0000, you wrote:
>Is this information accessible on the Net?
>Or is this a solicitation to purchase your book?
>
>> 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
>> B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
>>
>> tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
>> email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
>> website: http://www.supremelaw.com : visit the Supreme Law Library now
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>>
>> As agents of the Most High, we came here to establish justice. We shall
>> not leave, until our mission is accomplished and justice reigns eternal.
>> ========================================================================
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>>
>>
>
>
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========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
[This text formatted on-screen in Courier 11, non-proportional spacing.]
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