It's not often I'll get involved with a free anything, or anybody campaign. This morning I noticed a story about Brian Aitken in the Daily Caller.. The Daily Caller is slanted a little bit to the Political Right, so I did a little checking and found everything they said and more seems to be true completely verifiable. Unless there is something I couldn't find Brian Aitken went to jail for obeying the the law. The immediate focus is to get Brian out of jail.. Governor Christie has the ability to make that happen. Beyond that his record needs to be expunged and it made clear to all judges this sort of behavior is intolerable.
Those of us lucky enough to live in places where firearm laws are less restrictive than New Jersey need to make sure they stay that way.
I contacted Jenna Marie Bostock, Editor-in-Chief, Alister & Paine, INC for permission to post Brian's story here.
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August 27, 2010 Brian was wrongfully sentenced to 7 years in prison…help us free him.
Brian Aitken was a finance student at NYU, an economic scholar at the Foundation of Economic Education, a father, an entrepreneur, mountain climber, and so many other things. One of the things that he was not, however, was a criminal. No one, not the judge, jury, or prosecutor disputes the fact that there were no victims in Brian Aitken’s case. Regardless, he’s currently serving 7 years in state prison for a crime that thousands of people maintain he didn’t commit.
On January 2, 2009 Brian was arrested for illegal possession of firearms while moving from one residence from another. All of the firearms were legally owned—Brian passed three different FBI background checks to purchase and had even cleared an FBI screening for employment as a data researcher handling confidential information for a banking security software firm. His integrity, character, and right to own was not in question…so what was?
New Jersey statutes make it illegal for anyone without a concealed carry permit to possess a firearm even if it’s otherwise lawfully owned. The only way to lawfully possess firearms in New Jersey is through exemptions to the law like driving to and from a shooting range or moving residences. However, as they are exemptions from the law they must be raised during trial therefore removing the presumption of innocence for the charge of possession.
Brian had just brought his firearms from CO to NJ a week prior to his arrest–in fact, TSA cleared him to fly with them….the same TSA that terrifies five year olds girls and breaks a bladder cancer survivor’s urostomy bag. He had just moved back to an apartment in Hoboken that he had moved out of a month earlier and closed on the sale of his Colorado home 11 days after his arrest.
Several witnesses, including the arresting officer, testified that not only did Brian have multiple residences but that his car was packed with his personal belongings–so much so that it took the police 2 hours and 39 minutes before they found Brian’s guns locked and unloaded in the trunk of his car, exactly as NJ law dictates. Brian knew this because only days earlier he had found out through the NJ state police how to legally transport his firearms in NJ. The officers, believing Brian had done nothing wrong, then offered to leave the firearms at his parents’ house, but when they wouldn’t fit in his father’s safe the supervising officer decided to arrest him instead.
During the next 18 months the prosecutor approached Brian and his attorney with plea offer after plea offer. If Brian pled guilty he’d spend one mandatory year in prison and spend the rest of his life a convicted felon for a crime he didn’t commit….otherwise the prosecutor was seeking the maximum sentence of 10 years. Brian, knowing not only that he had done nothing wrong but knowing that the law didn’t exist to punish innocent people, chose to take his case in front of the jury.
During the trial it became clear to everyone in the courtroom that Brian fit the exemptions of the law for moving between residences. However, the judge withheld the law from the jury, thereby ensuring a guilty verdict. Regardless, the jury returned from deliberation three times specifically requesting to be read the exemptions of the law. One can only assume that this was so they could find Brian not guilty. The judge and the prosecutor made it clear that they had no intention of allowing Brian to walk out an innocent man. They were more interested in a guilty verdict than truth and justice.
Six days later Governor Christie decided not to reappoint Judge James Morley for his misconduct in 2 other cases where Judge Morley sympathized with an off duty police officer who molested farm animals.
Brian was sentenced to 7 years in state prison even though there was no victim, no violence, and no crime. He was sentenced by Judge Haas, whose only knowledge of the case was provided by the prosecutor. Judge Haas did not preside over the case or have access to transcripts of the trial.
Gun owners and non-gun owners alike have banded together, not because this is an obvious Second Amendment issue, but because the judge so blatantly and with complete immunity withheld Brian’s right to a fair trial.
The New Jersey 2nd Amendment Society is hosting a BRING BRIAN HOME FOR CHRISTMAS rally.
The FREE BRIAN AITKEN rally will be held on Sunday December 12, 2010 at the American Legion Post 129 on 2025 Church Road in Toms River, NJ
Please show your support and attend! We need to free this innocent man. See the Summary of Facts as prepared by Evan Nappen, Brian’s attorney, and Read Assemblyman Michael Patrick Carroll’s plea to the Governor to pardon Brian Aitken.
Join FREE BRIAN AITKEN on Facebook today!]
Even more disturbing http://detnews.com/article/20101202/METRO01/12020450/State-rejects-appeal-over-drug-trial-at-which-judge--officials-allegedly-lied
ReplyDeleteThat one should be resolved after they decide what to do about the Judge, Prosecutor and Cops involved.. In that case the guy's guilty plae has to be hurting him now.
ReplyDeleteThis story is getting underreported as far as I can tell. Good to put it out here in Central Florida to help shine a spotlight. I hope the Governor will take a serious look fast at what seems to be a miscarriage of justice.
ReplyDeleteIt's important to remember that even a little infringement on their rights, always leads to more.
ReplyDeleteThis case seems to go farther than that. From all appearances Aitken was transporting his weapons legally and the judge overruled the law and imposed is own.
From what I've read, the judge threw him in jail based on the possession of an empty over-sized clip and hollow point bullets, both of which are banned in NJ. Not that I think the guy should be in jail, just saying that he apparently did violate some statutes of NJ law.
ReplyDeleteSmartgal.. nice to have you drop by.. Had not heard that aspect of the story.. I'll see if I can get a verification,
ReplyDeleteThat judge would require armed security 24/7 if he happened to make that ruling in TN, KY, TX, or GA.
ReplyDeleteWisconsin and Illinois are 2 other states that do not believe in the 2nd Amendment. Guess who came out of his shell and voted for more restrictive gun control and bans while serving as a state Senator in Illinois. Have to say though that when travelling alonf I-24, I-57, and I-64, I obey the traffic laws, if not the conceal carry laws.
Good idea to obey the traffic laws, probably a better one if your not obeying the CCW laws
ReplyDeletethis is so sad hope he gets out i know a little about judges upsurting the law god bless
ReplyDeleteI got tired of paying the renewal fees (a tax) on my concealed carry permit years ago. I let it expire because:
ReplyDeleteA. Why should I pay a fee for my Second Amendment Rights?
B. I re-read the Second Amendment and did not see an expiration date on it.
C. Ted Nuggent said that We have a right to have guns and don't need "no stinkin' license".
I realize that this might be a mistake, so now I just carry a Tazer. It's smaller, lighter and might be entertaining to watch some bad guy flopping like a fish with 50,000 volts buzzing through him for 30 seconds. Plus Tazer, Inc.com will replace the $300 Tazer free of charge if you mail them a copy of the police report and it was a lawful tazing. It's a lot safer to have around with children. However, I'm not so sure that it is safe to have around my old lady (you've met her).
How can we help this poor dude?
If it's DFTTS approved, count me in.
S.O.L.uck! (forgot my password again)
BTW. Your free ads for Direct Seafood and Bagel Joe's must be working. I noticed both of their fine establishments today and plan on stopping in real soon for some fish and bagels (serioiusly).
ReplyDeleteS.O.L.
Both the arresting officer and the judge need some schooling on their own laws. We do not need passports to travel from state to state here yet, and obeying the law of having an unloaded gun in a suitcase in the trunk in my opinion is a little too much. Every state is still in America last I knew, and the man had a right to own and transport the way he was doing it.
ReplyDeleteGovernor Christie is a good governor, one of the best in the country. I am pretty sure he will pardon this guy. I am glad he fired that judge. This is what happens when you get liberal judges in charge.
ReplyDeleteAnonymous.. I'm hoping the judge get's some very serious schooling... seems to the Judicial abuse is a crime... prehaps he'll end up the same place he's sent some people...
ReplyDeleteYes Christie is a good governor,,, he's trying to bring a nightmare under control... if he can do it... maybe they'll be another even more dificult job for him..