I was thinking over the letter I had sent, listing important points (Introduction for the home page) and I realized I left out a major point.
When I explained why this is important, why people should care, is because if you look at my Petition for Certiorari to the U.S. Supreme Court, starting at page 24, you’ll read the government approved Jury Instructions. Specifically, the jurors were told that they could find me guilty of first degree murder as an “accomplice.” The jurors were not required that I personally premeditated or participated in the murder.
To be found guilty under Washington state law of first degree murder, you have to meet a two-pronged test: 1. actus reus i.e. the act of a crime and 2. mens rea i.e. mentality of the crime or premeditation. You have to personally meet both.
The state was allowed to tell the jury that I was guilty even if I did not personally premeditate or participate in the murder, as long as one of my co-defendants did. They told the jury that I was guilty even if I prodded the victim lightly with a bat to check his condition because this was “encouragement” making me guilty as an accomplice!
This to-convict instruction is so dangerous because it implies that someone could be guilty of first degree premeditated murder as an accomplice without acting with intent to cause a death!
People may read this and say, “Well, I don’t associate myself with criminals, I have nothing to fear.” Please turn to page 18 of the same petition. I was convicted of this crime because of my beliefs and associations (First Amendment). The government said I was in a group and identified this group as
“White Supremacy.” The Court of Appeals said this could apply to any number of people with a commonality, such as a law firm, a political party or the Catholic Church.
The precedent is set with my case to essentially put anyone in prison who falls out of favor with the government e.g. if you are an environmentalist running a website encouraging people to carpool, you could be identified as a carpooler. Because you run a website, you are now a ring leader. A carpooler kills a non-carpooler in a road rage incident. The government can make you guilty as an accomplice.
The government actually told the jury “Evidence regarding White Supremacist literature and materials seized at the defendant’s [me] residence is being admitted for the purpose of proving motive, premeditation… you must not consider the evidence for any other purpose.”
It is not an exaggeration to say this really could happen to anyone. No one is safe with legal precedence such as this. Not a cheerleaders squad, not for a sports team and certainly not any White Nationalists or Christian Identity adherents.
I just wanted to make sure I explained that and it’s understood that if my case goes unchallenged, there will, no doubt, be more.
God bless,
Kurtis