Dear Editor:
I suggest that Russ Fagg review the U.S. V. Dougherty case; the cite is 473/F2d/1113. Among other things, this case held that a criminal trial court jury has the right to engage in jury nullification. It also says that a judge does not have the duty to tell them about this right. It also does not state that a judge can lie to them and tell them that they do not have the right. By telling a criminal trial court jury that they must follow the law, a judge is essentially lying to the jury and is precluding them from exercising this constitutional right. Mr. Fagg admitted to me that he had given that instruction to juries in criminal trials.
Because this instruction precludes the jury from exercising an essential constitutional right, I believe this instruction has to be considered blatantly unconstitutional.
I suggest that Mr. Fagg apologize to the citizens and voters of Montana for giving juries these unconstitutional jury instructions. I am supporting Dr. Al Olszewski for U.S. Senate. He not only is a third-generation Montanan, but is also a military veteran.
Dr. W. David Herbert ESQ
Billings
