Do not raise the issue of the Second Amendment or the U.S. Constitution," or the Colorado Constitution, Judge Robert L. Patterson told Paul Grant, Rick Stanley's lawyer. Patterson said raising Constitutional issues is "totally improper," and "I'm not going to permit it."
"Are you clear on that, sir," Patterson said declaratively.
"Not entirely, sir," Grant responded.
"You have been warned. If you tread on that, you will be sanctioned," Patterson finally threatened.
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Rick Stanley, center, meets with his wife Pam at the Denver court house. Joe Johnson is to the right of Pam, and David Bryant is to the left of Rick. Kent McNaughton is on the far left, beside Alan Glenski.
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Stanley was arrested December 15, 2001, when he carried a gun openly on his hip at a Bill of Rights rally across the street from the Capitol. He expected to be arrested and notified the police about his plan. Stanley was charged with "unlawfully carrying a weapon" under Denver ordinance and tried May 15-16. The jury found Stanley guilty. He and Grant plan to appeal.
Proceedings were set to start at 8:00 am, Wednesday morning. At 8:35, the city's attorney, Paul Puckett, was still calling roll. "It's really about wearing you down," grumbled one Libertarian. By 8:45, Puckett announced, "The city is ready to proceed," but the court heard other cases for the next two hours. Most of the cases were pled out or dismissed. "We only do one jury trial a day here," the judge noted.
Grant and Patterson started wrangling from the first exchange. "Mr. Stanley has requested a jury of 12," Grant said. "That's denied," Patterson responded. Indeed, there are only six chairs in the jury box, and by state law municipalities need only grant a jury of six.
Then, once the trial got going later in the morning, Patterson said he wanted to excuse the audience, as the jury needed the benches. Previously, Puckett told the judge Stanley's web page had encouraged people to "pack the court." Grant replied that the Sixth Amendment guarantees the right to a public trial. Patterson said "to the extent we can accommodate" the audience, he would do so. Grant requested a larger courtroom, but his request was turned down. Grant asked the judge to note his objection. At one point, after recess had been called, the court door was locked, but then Grant and the judge continued to formally discuss the case. Grant objected to the door being locked, and it was soon opened.
Around 20 people witnessed parts of the trial. Nobody was excluded from the court room, though the benches were packed during the selection of the jury.
Jury selection began late in the morning. Twelve people were called into the pool, and more were on hand. Out of those twelve, two were dismissed by the judge and replaced, then six of the twelve were dismissed by the lawyers.
Potential jurors were asked to respond to a series of written questions. The final question was, "What do you like to read, listen to on radio and watch on television?" Puckett asked jurors if they could "apply the law the judge gives you."
One woman in the jury pool works for the Denver Police Department. Grant asked her if she was against citizens carrying guns. "I would have to be," she replied. Grant asked her if she was trained in the law, and if she took an oath to uphold the constitutions of the U.S. and Colorado. She said yes. Grant asked her if she was familiar with the Colorado constitution.
That's the point at which the judge called a sidebar, recessed, and threatened Grant with sanctions.
Thus, the jury never heard Article II, Section 13 of Colorado's Constitution, which states, "The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons."
At 2:30, the jurors were sworn in. The judge instructed them to "decide what the facts are," and to defer to the judge to decide the "rules of law."
Puckett and Grant agreed about the basic facts during their opening arguments. But Grant said Stanley was "expressing his political views" at a "celebration of Bill of Rights day." He said Stanley had no "criminal intent."
The first witness called was Captain Vincent J. DiManna. He said he has worked for the Denver police for over 29 years and he now works in intelligence. He said he was notified about the December 15 demonstration. He said Stanley invited him and other officers to "come join the rally." Stanley entered a circle of people, DiManna "lost sight" of Stanley, and Stanley emerged with the gun on his hip. Puckett asked if Stanley had a permit for the weapon or if DiManna perceived any direct threat to Stanley. He said no.
Grant asked DiManna if Stanley used the weapon for any criminal activity, beyond the mere infraction of the disarmament ordinance. The officer said no. Grant asked DiManna if police officers usually show up at crime scenes after the fact. DiManna said yes. So most people are "on their own until after the crime has been committed," Grant asked. "Yes, often," DiManna replied.
Do you have a "problem with self-defense?" "No, sir." "A gun can have lawful purposes." "Yes, sir." DiManna affirmed that Stanley was arrested for carrying a weapon, not for giving his speech. DiManna described Stanley's behavior as "polite and business-like," and he said Stanley cooperated fully with police.
"If Stanley was perceiving a threat, you wouldn't know that, would you?" "No." "Denver streets can be dangerous." "Yes." Do the police always arrive on time? "No, sir." Grant asked DiManna if he was on duty at Columbine high school during the shooting there. "Yes, sir."
The next witness was Steven W. Panck, who has served with the police for 25 years. He provided technical information about the gun. He said he "inscribed my initials" on the gun. He said the ammunition was stored in the magazine of the semi-automatic gun, but there was no round in the chamber.
Grant asked Panck if he was on duty at Columbine high school. "Yes." Sometimes, "police don't get there soon enough." "Yes."
At this point, Puckett objected to Grant's invocation of Columbine, and the judge sustained the objection. After the jury was sent from the room, around 3:45 pm, the judge argued that Columbine wasn't relevant. He told Grant not to "insight this jury." He said there were no allegations of the use of a weapon or of homicide (though this point seemed irrelevant).
Grant said it's "reasonable to want a weapon for self-defense." He said Columbine is an example that "people in Denver know." The "victims of Columbine were disarmed," he noted. He said the case is relevant to self-defense. The judge said the example was "inappropriate" and "totally unrelated."
The city rested. The judge told Stanley that he had a "right not to testify," and that if he testified he could be cross-examined by the city's attorney. Stanley said he didn't understand. I have a "Constitutional right" not to testify, he asked the judge? Patterson was clearly referring to the Fifth Amendment's provision that nobody can be "compelled in any criminal case to be a witness against himself." Why may the Fifth Amendment be invoked in city court, whereas the Second Amendment may not be? But the judge quickly changed the subject.
In his testimony, Stanley referred to Denver's ordinance as "illegal and unlawful." Stanley affirmed he carried the gun as part of the rally to celebrate the 210th anniversary of the Bill of Rights. "I'm running for the U.S. Senate; I'm the Libertarian candidate," Stanley said. We were "there to discuss gun rights, Second Amendment rights."
Did you have a "reason to believe you might be in danger?" Grant asked Stanley. Stanley said he had been threatened and one individual said he would meet him at the rally. "It's always on your mind when somebody threatens you." He added, "Our rights were being violated by the City and County of Denver." Another reference to the Second Amendment earned an objection.