Friday, January 12, 2007

Judge: Fincher Not in Militia

FAYETTEVILLE — Attorneys for a Washington County man facing gun charges can only speak of his militia activities if they can prove the organization is sanctioned by the state of Arkansas, a federal judge ruled Wednesday.

Hollis Wayne Fincher, 60, faces charges of possession of a machine gun and possession of a firearm not registered in the National Firearms Registration and Transfer Record.

Fincher is a member of the Militia of Washington County, a group established in 1994 to “to defend the liberty of the citizens of the state of Arkansas, and these United States, through education, participation, and action,” according to the group’s Web site.

The group is not affiliated with any government agency.

No case law exists that allows a member of a “nongovernment” militia to possess illegal weapons, U. S. District Judge Jimm L. Hendren said.

Evidence on any private militia “would mislead the jury,” Hendren said. The judge also said he would have to approve all evidence about the militia before it could be introduced to the jury.

Defense attorney Oscar Stilley objected to the limitations, but declined to say in court what evidence he planned to introduce about the militia as part of his client’s defense. Stilley has said evidence about the militia group was a big part of Fincher’s defense.

The judge’s ruling delayed court proceedings Wednesday afternoon as both sides asked to consult with Hendren without jurors present. Hendren sent jurors home early and ordered the attorneys into his chambers so they could talk about concerns over evidence.

Complete article at the Arkansas Democrat-Gazette


Locking Lug said...

And thus we see, once again, the folly of arguing the right to keep and bear arms from any perspective other than it being an inalienable right.

hairy hobbit said...

Beep Beep Beep...what's that I hear, a fresh load of BS.

TITLE 10 > Subtitle A > PART I > CHAPTER 13 > § 311 (b) (2)

(2) the unorganized militia, which consists of the members of the militia who are not members of the National Guard or the Naval Militia.

I agree with you, but frankly, it appears that ANY argument will be limited, thrown out, or ignored.

The fed gov's will be right no matter what the truth actually is.

Anonymous said...

we need to start holding these judges accountable!