MICHIGAN JUDGE ORDERS ARREST OF FORMER PASTOR FOR HANDING OUT JURY NULLIFICATION FLIERS WHEN NO CASE WAS IN SESSION

Judge orders former pastor arrested for handing out jury nullification fliers

"The government can’t just come in and step on people’s First Amendment rights." -- Attorney David Kallman

SEE: Fully Informed Jury Association

http://fija.org/

KEITH WOOD

Mecosta County District Court Judge Peter Jaklevic

SEE: http://www.co.mecosta.mi.us/courts.html

SET $150,000 BAIL FOR MISDEMEANOR

By Barton Deiters

SEE: http://www.mlive.com/news/grand-rapids/index.ssf/2015/12/judge_orders_man_arrested_for.html#incart_river_home; republished below in full unedited for informational, educational, and research purposes:

BIG RAPIDS, MI – A 39-year-old former pastor was arrested and jailed in Mecosta County after he handed out fliers informing people about jury nullification in front of the county courthouse.

Keith Wood said he was handing out pamphlets from the Fully Informed Jury Association on Nov. 24 while standing on the sidewalks along Elm Street.

Wood said he was inspired by what he read online about the proposition that jurors can follow their conscience if they think a law or prosecution is patently wrong and refuse to find a defendant guilty regardless of instructions from a judge – a concept referred to as jury nullification.

"I'm a disciple of Jesus Christ," said Wood, who explained his decision to hand out the fliers he received from the Montana-based organization. "Jesus said 'the truth will set you free' and I want people to know the truth.

"If you don't use your rights, you lose them," Wood said about why he decided to head down to the sidewalks outside the courthouse.

The flier is titled "What rights do you have as a juror that the judge won't tell you about?"

As he was handing out the pamphlet to anyone who would take one, Wood, a father of seven, said someone came out of the courthouse and told him to come inside and talk to a judge. Wood said he asked the woman if he was being detained and then said he preferred to stay where he was.

A little while later, a court deputy came outside and told Wood that the judge wanted to talk to him, and if he refused to do so, the Big Rapids police would come and arrest him.

Wood said under threat of arrest he went inside the courthouse where former 20-year county prosecutor and newly-elected Mecosta County District Court Judge Peter Jaklevic told a deputy to "place him in custody for jury tampering."

Wood was walked to the connecting sheriff's department and jail. He was arrested and placed locked up with a $150,000 bond. Wood remained in jail for about 12 hours before he paid 10 percent of the bond using a credit card.

Wood was charged with jury tampering, a one-year misdemeanor and obstruction of justice, which carries a maximum penalty of five years in prison.

Wood said other than a drunk driving charge as a teen, he has never had any run-in with the law. He served for five years as a pastor in Colorado, leased cars for a few years and for the last five years has been a self-employed insurance broker.

"It's just outrageous," said Wood's attorney Lansing-based David Kallman. "The
government can't just come in and step on people's First Amendment rights."

Kallman said his client had no case at the court, knew of no cases and no jury had been seated at the time he was handing out the fliers.

"There was no jury to tamper with," Kallman said.

Kallman said the judge saw people in the courthouse reading the brochures and then overstepped his bounds by ordering an arrest in violation of Wood's rights.

Kallman said when Wood called his office, after being denied a court-appointed lawyer, he was convinced Wood was not telling him the whole story.

"I thought that there had to be more here, but there's not," Kallman said.

The judge has since recused himself from the case and would not answer questions regarding it. Mecosta County Prosecutor Brian Thiede has not responded to requests for comment.

Kallman said in addition to having the case thrown out when it goes for a preliminary exam on Dec. 8, he believes there is a federal court-level violation of Wood's rights.

Wood said he wants the case dismissed and to repay the $15,000 to his credit card company. He said he is praying about whether he wants to make a federal case out of it.
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SEE ALSO: http://fox17online.com/2015/12/02/law-expert-mecosta-prosecutor-weigh-in-on-arrest-outside-courthouse/