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GEORGIA CODE REMOVES RIGHT TO GRAND JURY REVIEW INCLUDED IN FIFTH AMENDMENT
May 29, 2012
Attorney General Olens, by FAX:
Amendment V in the Bill of Rights to the U.S. Constitution states that: “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, . . . “
This is where the charging of George Zimmerman went wrong in Florida, i.e. ignoring the Constitution. Zimmerman was not indicted by a grand jury for his infamous crime as is required by the law found in Amendment V of the Constitution.
Georgia Code O.C.G.A. 15-7-46 Titled: “No right to grand jury indictment,” states: “The accused in criminal proceedings in a state court shall not have the right to indictment by the grand jury of the county. “ This is in violation of the U.S. Constitution. The U.S. Constitution is supreme; it says so in Article VI, para. 2. Please start the proceedings to correct this unconstitutional error in the Georgia Codes.
The grand jury “system” as it has come to be is in virtual disarray based on the Founders concepts or actually on concepts predating the Magna Carta. We will be divested of one more effect of Jim Crow in July when jury pools will no longer be handpicked. This will be a start towards the constitutionally-mandated trial by impartial jury. The impartiality could be complete if you would issue a memo over your name, with your authority, whereby District Attorneys would be directed to absent themselves from grand jury rooms when the grand jury is in discussion. This is yet another interesting concept but nevertheless, impartiality is mandated by Amendment VI of the U.S. Constitution.
The grand jury was put in place by the Founders as the fourth branch of government, i.e., a people’s/citizen’s grand jury to stand between the government and the People. If the District Attorney, who is a an agent of the state, is to be in the jury room, then by extension the grand jury becomes an agent of the state and not of the People. And furthermore, it would be a nice touch if the jurors could know that they are mandated by the Georgia Constitution to judge the facts and the law.
For the Republic,
M. J. Blanchard
District Attorney Langley, Judge Gunter
Representatives Allison, Senator Gooch
“When law ends, tyranny begins.” John Locke. The Second Treatise of Civil Government