Felony Charge for Activist who Handed Out Fliers in Front of Court House
This has to be one of the most astounding cases we’ve encountered in recent years. A situation where a law-abiding citizen was exercising their constitutional right to free speech, and they were arrested for it. Think it sounds preposterous? Â Or like something that would only happen in North Korea or Turkmenistan? Think again. This happened right here in Mecosta County, Michigan. And only just days ago.
39-year-old Kevin Wood, a former pastor and current activist in Mecosta County, was handing out pamphlets outside the Mecosta County courthouse. The pamphlets, which were from the Fully Informed Jury Association (FIJA), dealt with the issue of juror’s rights that are often not explained by a judge before a trial.
In particular, Â the pamphlets address a juror’s right to vote their conscience, which is also known as the jury nullification law. When a jury acquits a defendant, despite the evidence against them, it is referred to as jury nullification. In essence, it is when a jury chooses to vote with their conscience instead of basing their choice on facts and evidence.
For over 100 years, a good deal of judges have chosen not to include jury nullification in their instructions to juries, despite the fact that it is still allowed under the law. Because there is a large trial coming up in Mecosta County, Wood felt that it was important to ensure that all potential jurors know what all of their rights are while serving on a jury. But Mecosta County District Judge Peter Jaklevic disagreed.
Jaklevic was annoyed by Wood handing out the pamphlets outside his courtroom, and had him arrested. On what charge, you may wonder? After all, Wood was simply exercising a right afforded to all Americans under the constitution, and the information he was disseminating was correct and true and covered under state law.
Wood has been charged with Jury Tampering, which is a misdemeanor punishable by up to 1 year in jail and fines of up to $1,000. He has also been charged with Obstruction of Justice. Under Michigan law, Obstruction of Justice is a felony punishable by up to 5 years in prison and a $10,000 fine.
As if that isn’t stunning enough, the bond set for Wood by Judge Jaklevic was $150,000, which is a substantial amount usually reserved for defendants who are considered to be a flight risk, or a danger to the community. Wood says he was speechless when the Judge told him how much his bond was going to cost him. His attorney on the other hand, had a lot to say on the matter.
The defense attorney is calling the arrest, the charges and the bail sum “outrageous.” In a recent interview with the press, Wood’s attorney referred to the Judge’s actions as “blatant, illegal, improper use of government power”, and says that there needs to be “pushback” from the community. And we couldn’t agree more.