Thursday, February 14, 2013

[Victims of Court Corruption] No one can be thrown in jail for a traffic infraction - Brad Henschel

fn:Ron Branson
adr;dom:;;P.O. Box 207;North Hollywood,;CA.;91603
title:National J.A.I.L. Commander-In-Chief
note;quoted-printable:Ron Branson=0D=0A=
National J.A.I.L. Commander-In-Chief=0D=0A=


Brad, it is untrue that in traffic infractions one cannot be thrown in jail. I was throw in jail on a traffic infraction, aledging that I ran a red light. I sued the commissioner, Commissioner Kevil Martin in Superior Court for kidnapping, holding me hostage, and demanding a ransom price for my Corpus Delicti. They quickly dismissed my lawsuit against Commissioner Martin in Pasadena stating that he was immune from lawsuits

That case became a published decision within California Case Law entitled Branson v. Martin, 56 Cal.App.4th, 300. As a result of that decision, a Law Review was written based on Branson v. Martin based upon the contradiction in law.

The courts do what ever they want to do with total impunity. People can, and do, serve time in jail for traffic infractions. I am one of them. That Branson case is even now cited as authority in the U.S. Supreme Court today. You are correct that there is no Constitutional right, according to the courts, to a jury trial, of which I was deprived of, despite Article III, Section 2, Clause 3, guaranteeing that "The trial of all crimes, except for impeachment, shall be by jury."


-------- Original Message --------
The all crimes subsection has been somewhat qualified by the courts so that in traffic or infractions where you can't go to jail the courts have held you don't have a right to a jury trial.  But that behavior was done by King George which is why that subsection was put in the constitution so the Govt couldn't issue $780 red light tickets as a revenue source in fraudulently being passed off as traffic regulation.  Even parking tickets in LA are $80 for parking on street sweeping day.
    When I practiced law I picked both civild and criminal juries in Misdemeanor and felony trials, including murder cases as well as Attempted murder and DUI crimes.  I never lost a domestic violence case.  I either got a full acquittal or hung jury.
   Many attorneys don't want Asians on their juries because the perception is that Asians have a black and white perspective to life instead of mostly GRAY Area and they don't seem to apply the law that if there is no or insufficient evidence of a crime then no crime has occurred.
   Even the most minor of crimes requires a mens rea of intent of criminal negligence or willful conduct.  Willfulness means knowing it's wrong but being willing to do the wrong thing anyway.
  Attorneys don't like to put engineers on the jury as being too picky and analytical, UNLESS there are engineering facts and issues in the case.
   Attorneys like to put ethnic jurors from countries where the people don't trust the police.  For example in Compton California the Black people have so much contact with the police and Sheriff they KNOW of specific instances where the police have lied to them.  They also usually know the police are allowed to lie to suspects and defendants.  So Black jurors don't trust or believe cops.  That is why few blacks get on juries in Compton.  The Court brings in whites, asians and middle class latinos from Torrance, the Beach Cities and Palos Verdes as Compton jurors.  I can tell you those people do not like going to compton at all.
   But over 75% of all conviction reversals are based on jury misconduct.  The other 25% or so consist of a combination of Lawyer ineffectiveness, prosecutorial misconduct and The Court abusing it's descretion.
   The big one of course is not giving a required jury instruction, yet the court is allowed to prevent the defense or the prosecution from telling or arguing JURY NULLIFICATION of the law at any time during the trial.  I think that's so weird.  All the case law says its the jurors right to exercise but it's best they are ignorant of that right so they only do it when it hurts their conscience.  
   I have tried to argue it anyway and man do those Judges get angry.  They come unglued.  Yet I've never been held in contempt.  I've been sanctioned a few times but never a contempt charge.  
   One prosecutor tried to have a court hold me in contempt but he was so incompetent he didn't do it right and his basis was lame so the judge had to rule in my favor.  It took all day too.  Now that prosecutor won't get into the same elevator with me when he sees me in the courthouse.  Kind of a wimp for a prosecutor. 
   Brad Henschel

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     "How many legs does a dog have if you call the tail a leg?   Four. Calling a tail a leg doesn't make it a leg."  - Abraham Lincoln


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