Monday, November 18, 2013

Judge blasted jury because they disagreed with him

Via the blog Liberally Lean in the Land of Dairy Queen comes word of an outburst by a visiting judge in Tarrant County berating a jury for a not guilty verdict in a DWI case. See the brief transcript of his comments, in which he told the defendant he "absolutely [was] legally guilty of this offense" before declaring him "not guilty." Speaking directly to the jury, he compared their unanimous decision to the O.J. Simpson verdict, accused them of ignoring the law and their oath, and chastised them for engaging in "jury nullification," though he then acknowledged that even if that was the case, "you have a right to do that." Barry Green, author of LLLDQ, pointed out that:
The jury has an absolute right to disregard an Intoxilyzer result if they have a reasonable doubt about its accuracy. It's not jury nullification, it is following their oath and the law. How he doesn't know that is beyond shocking.

It was visiting judge Jerry Ray who retired last year as district judge in Palo Pinto County. Before being judge, he was the elected District Attorney.
MORE: From Texas Monthly's Daily Post blog.

7 comments:

Anonymous said...

Wow! Soon Texas won't need to elect both judges and prosecutors. There will be a new "jusecutor" that will combine both positions into one eliminating the need for duplicate government services.

DLW said...

Anon 7:35. You post as if we don't already have that.

Daniel said...

In my view defendants or their attorneys SHOULD be able to make a pro nullification argument to the jury in every criminal trial. The prosecutors should be perfectly willing to defend the law against a challenge as to its validity, necessity and that it is a just law....not simply be able to present a fact case. The system should be focused on violent crimes that the overwhelming majority can support rather than the many victimless crimes like simple possession of Marijuana and others that take up resources.

— Daniel

Anonymous said...

I bet this judge was a great defense lawyer years ago. You know, the type who plead everyone guilty and never go to trial. Dumptruck lawyers make bad judges. -MCM

Andrew McMillen said...

I really wish the article would have given the judge's last name as well. Jerry Ray who?

Anonymous said...

Not Jerry Ray, it's Jury Rigg

Anonymous said...

anony 727

His name is buck files or brett harrison from tyler, tx., this is their specialty!