Man Arrested, Charged with Multiple Felonies for Telling Jurors About Their RightsBy Carey Wedler Mark Ianicelli, 56, set up a table outside of Lindsay-Flanigan Courthouse in Denver in order to educate jurors about jury nullification. Jury nullification is the process by which members of juries can nullify unjust laws by finding defendants charged with them not guilty. Ianicelli is charged with tampering with a jury, a felony in Colorado that carries a minimum bond of $5,000. He was charged by the Denver District Attorney for seven counts of tampering, and has since bailed out of jail. Ianicelli was in the second day of a planned three-day outreach to educate jurors entering the courtroom about the power of jury nullification. He was handing out fliers when he was arrested. His goal was to inform potential jurors about a vital, centuries-old function of juries. The practice was first used in America in 1735 to exonerate a man of libel charges after he printed unflattering statements about the Governor of New York (a British colony at the time). Though he had undoubtedly printed them, the jury found him not guilty and set the precedent that members of juries could judge the morality and legitimacy of laws. The United States first Chief Justice, John Jay, once told jurors, You have a right to take upon yourselves to judge [both the facts and law]. Jurors would seize this right to nullify anti-sedition laws in the early 1800s that attempted to stifle free speech criticizing the newly formed United States government. Judges first began cracking down on the right to nullify in the late 1800s. By that time, jurors had already used nullification to challenge the Fugitive Slave Act, which imposed heavy punishment on Northerners who aided escaped slaves from the South. Though judges came to discourage nullification, the practice went on to be useful in nullifying Prohibition-era laws. Jury nullification still affects prohibition against outlawed drugs. In 2012, a New Hampshire jury acquitted a Rastafarian man, Doug Darrell, of growing marijuanathough he was technically guilty of the violation. The jurors had been informed of their right to nullify and found the law and charges against Darrell to be unjust. They found him not guilty. However, this power of the people has not gone unchecked. Though some states allow for the practice, judges often fail to notify jurors of their ability to nullify. selfnewss have been harassed and jailed for attempting to inform jurors of their right to judge the morality of laws. The Fully Informed Jury Association (FIJA), a non-profit organization that educates jurors on their rights (and whose pamphlets Ianicelli was handing out when he was arrested), is one group that attempts to counter these suppressions by the justice system. Kirsten Tynan of FIJA reported on Ianicellis case, stating that officials in Denver claimed a juror had complained about Ianicellis presence near the courthouse, prompting his arrest. Tynan was told Ianicelli was arrested on charges of jury tampering, which according to Colorado law, consists of: Though Tynan acknowledged that under some circumstances nullification activism is not legally permissible, it appears Ianicelli was within his rights. He is due back in court on August 11 to face his victimless felony charges. It is more than alarming that a man attempting to facilitate and strengthen the judicial process is punished with the full force of the lawthe very thing Ianicelli sought to educate jurors about. As Harlan F. Stone, the 12th Chief Justice of the U.S. Supreme Court said in 1941, The law itself is on trial quite as much as the cause which is to be decided. When the justice system refuses to allow jurors to be aware of their rights, let alone exercise them, the countrys entire system of law and order is called into question. Carey Wedler writes for theAntiMedia.org. Anti-Media Radio airs weeknights at 11pm Eastern/8pm Pacific. If you spot a typo, email edits@theantimedia.org. Carey Wedler joined Anti-Media as an independent journalist in September of 2014. As a writer and senior editor, her topics of interest include the police and warfare states, the Drug War, the relevance of history to current problems and solutions, and positive developments that drive humanity forward. She currently resides in Los Angeles, California, where she was born and raised. Learn more about Wedler here! This will be very interesting, because the jury in his trial will have to hear all about jury nullification! Or, the judge puts a gag order on those two words and any attempt to explain them! Damage is done, the public has heard all about it! The judge is an oath violating traitorous fool! He will have to nullify the charges to keep this under control! LOL!!! That is pretty funny,sadly, and trueim betting on the latter, a complete gag. The system is so corrupt and rigged you cant even properly defend yourself anymore Another reason we havent voted in twenty five years, only those that vote are called to serve on juries. Also: The justice system is corrupt to the core and criminals can appeal the death penalty and stay on death row for decades or lifetime, even when the jury rec. death . Local folks are waiting for closure on a twenty five year case in my city, where the guy is still on death row for an air tight murder one case (DNA found at the scene). I have nothing to do with the system and never will. This country is trashed in many ways to elaborate here. One example is we are being invaded via our borders and Muslims are entering the country legally by Obamas amnesty and they are unscreened, with jihadists embedded with the refugees. Vandals were allowed in and Rome fell. Train wreck ahead. The arrest and felony charges will only be a shock to those who believe America still has a functioning justice system. The The But It If What If Look The Make A Very These Justice No In So If you look at that jury tampering law, you realize the judges and others in the justice system, such as District Attorneys, tamper with juries every day. So obviously the law only applies to the people who are the ultimate victims of bad laws, the people themselves. Colorado legal system is setup to prey up anyone that provides money to the local government. This judge is extremely complicit with how corrupt the system is and will defend his income from the system even if it means your death by cop One would think that when an corporate executive administrator masquerading as a public official and a judge gives any instructions to a jury he is tampering with the jury and when he tells the jury to disregard something he is tampering with the jury and when he just answer yes or no, he is tampering with evidence. You get the idea. Maybe judges should be charged with something, like not issuing all the instructions to the juries? The only way it seems to get rid of BAD LAWS and victimless crimes is through Jury Nullification. Because We CERTAINLY cannot expect the establishment to do it. They see every bogus law as a source of revenue. Wow, as time goes on we see that right is wrong and wrong is right. a courtroom is where the English language and the Constitution go to die. One day North Korea will have more freedom than USA Demand a jury trial. Justice for the silver spoon crowd. Apparently this also means that the First Amendment is now null and void as well. As far as I can tell he didnt directly contact any juror and try to influence their selection or vote. Perhaps grounds to sue the Denver DA on violation of his Civil and Constitutional Rights. If he was handing these pamphlets out to everyone, the state has no case. This is why I always encourage anyone who loves liberty to move to New Hampshire, where jury nullification is protected by state law. This means were able to educate jurors about their right to nullify with impunity and have we ever been doing that: His mistake was to hand them out on Court House property! 