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IT’S CALLED JURY NULLIFICATION

Jury nullification is that doctrine which shall never been spoken of in court. Juries can acquit anyone they want to, even when the evidence is overwhelming. The law, however, prohibits the judge or the lawyers from ever telling the jury of this power.

Last February, Dave Chislton sucker-punched his public defender in an Ohio courtroom after the judge sentenced Dave to 47 years in state prison for assault and arson. The punch, which broke public defender Aaron Brocker’s nose and gave him a concussion, was recorded on a deputy’s bodycam and was witnessed by a courtroom full of lawyers.

The State indicted Dave for felonious assault, but – despite all of the evidence – Dave took it to trial.

Last week, the jury nullified. There is no other description for it. Despite the video and the witnesses, Dave was acquitted. Apparently, the jury just didn’t blame him for the sucker punch.

Dave reportedly applauded the jurors and hooted at his former lawyer as he was led out of the courtroom by deputies.

Cleveland, Ohio, Plain Dealer, Man who sucker-punched attorney in the face during Cleveland court hearing found not guilty, Oct. 25, 2019

– Thomas L. Root