NYC Man Convicted Over Gunsmithing Hobby After Judge Says 2nd Amendment 'Doesn't Exist in This Courtroom'
https://redstate.com/jeffc/2024/04/2...tence-n2173162
{Jeff Charles | 22 April 2024}
A Brooklyn man has been convicted of 13 weapons charges after having been arrested and charged in 2022 for building his own firearms.
Dexter Taylor’s ordeal could become a landmark Second Amendment
case in light of the
Bruen ruling handed down in the same year.
[...]
From the beginning of Taylor’s trial, it was evident that the court would be biased against the defendant, according to Varghese, who explained that two judges presided over his case before the current official, Judge Abena Darkeh, took over.
The judge disrupted Varghese’s opening statement multiple times as he tried to set the stage for Taylor’s defense. Even further, she admonished the defense to refrain from mentioning the Second Amendment during the trial. Varghese told RedState:
She told us, ‘Do not bring the Second Amendment into this courtroom. It doesn’t exist here. So you can’t argue Second Amendment. This is New York.'
Varghese said he had filed the appropriate paperwork to “preserve these arguments for appeal” but that the judge "rejected these arguments, and she went out of her way to limit me.”
During the trial, the prosecution attempted to paint Taylor as a dangerous individual who was building dangerous firearms in his basement. In this vein, the prosecution objected to allowing Taylor’s family in the courtroom to show support, nor did they allow his upstairs neighbor, who knew about Tayor’s hobby, to testify on his behalf. Varghese described the prosecutor’s opening statement:
He opens up, and he says that Mr. Taylor had a parade of horror. He was building this horrible place. When they saw this horror that he was making under the noses of his neighbors because all of those guns intended to hit their targets, basically implying that he was going to do some harm with these things.
When Varghese countered this narrative during his opening statement, the judge interrupted him again. “There’s no crime here, there’s no allegation of violence,” Varghese recounted, saying, “I got up and said, ‘You’re going to learn what Dexter is, who he is. You’re going to learn that he never fired these guns.’”
The judge interrupted again and asked the lawyers to come to her chambers for the second time.
Varghese explained that he believed the only chance of having the case go in his client’s favor was through jury nullification, which occurs when members of a jury believe a defendant violated a law, but decide against prosecuting them because they disagree with the law itself, or other reasons.
Judge Darkeh attempted to shut this argument down and led the jury to believe they would face consequences if they did not vote to convict Taylor. In reality, this is not the case. Jury nullification is not illegal, according to Varghese.
“I actually argued that jury nullification is allowed because there is some law from the High Court of New York that talks about lawyers who made jury nullification arguments. And basically, they said that judges shouldn’t encourage it, but they can’t prevent it. I actually made a pitch directly to Judge Darkeh to allow me to argue during nullification. She, of course, rejected that.”
He added: “She basically said, ‘You must vote guilty’ without saying ‘you must vote guilty.’”
He characterized Judge Darkeh as “the most aggressive prosecutor in the room.”
[...]
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