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Location: UFOUpDatesList.Com > 1998 > Jun > Jun 17

Re: ORTK and CAUS endorse Bryant effort

From: Jeff King <Boroimhe@aol.com>
Date: Tue, 16 Jun 1998 20:08:12 EDT
Fwd Date: Wed, 17 Jun 1998 00:56:52 -0400
Subject: Re: ORTK and CAUS endorse Bryant effort


>From: Greg Sandow <gsandow@prodigy.net>
>Date: Sun, 14 Jun 1998 21:19:20 -0400
>Fwd Date: Mon, 15 Jun 1998 09:10:33 -0400
>Subject: Re: ORTK and CAUS endorse Bryant effort

>Forgive me if this question is answered on a website somewhere,
>but....what jurisdiction can a county grand jury legally claim over
>things the military allegedly did 50 years ago? According to the
>statutes of New Mexico, what's the general jurisdiction of any grand
>jury? Is it required to find that laws were violated, in order to
>bring any indictments? What laws might have been violated during the
>Roswell affair?

While not familiar with New Mexican law (which means everything
I say from here on out is subject to complete contradiction, the
law and logic not being synonymous), I can offer some logical
deductions from the state laws I am familiar with and, more
importantly, basic federal Constitutional issues.

The fundamental problem with this scheme is that, generally,
federal officials are not liable for violation of state laws in
the performance of their duties.  The exceptions are when the
federal gov't consents to state jurisdiction by statute or
waiver.  So it is highly unlikely that a county grand jury would
have jurisdiction over Air Force personnel.

Even assuming that this important Constitutional hurdle is
cleared, there are still major problems with any grand jury
investigation at this late date.  A county grand jury only has
jurisdiction to investigate violations of state law that occur
within the boundaries of the county (how many crash sites are we
up to now?).  To bring an indictment, the grand jury must find
that there is sufficient evidence to believe that a crime has
been committed to permit a trial.  The indictment not only needs
to allege that an offense has occurred, but due process requires
that it describe the alleged offense with enough detail that the
accused has sufficient notice of the specific criminal act with
which he is charged.  In other words, you need pretty
significant detail about who, what and where, especially, what
specific law you're alleged to have violated.  Based on the
various Roswell accounts, the only state law violation I can
think of off the top of my head is that the alleged death
threats may constitute a violation of an applicable terroristic
threat statute (assuming New Mexico had one in 1947).

Finally, we are left with another important problem, the fact
that it is almost certainly past the time of the applicable
statute of limitations.  I did take a quick look at the New
Mexico limitations statute and found that the limitation periods
for second degree felonies is 6 years, while that for third and
fourth degree felonies is 5 years. There is no limitation period
for first degree or capital murder.  So, unless someone has
sufficient evidence to show that a first degree or capital
murder took place, the limitations periods have all run. I
didn't bother to research the New Mexico courts' interpretations
of the limitations statute, but many states hold that if the
limitation period has run (and the indictment has to allege when
the crime occurred) the state cannot even issue an indictment.
The only way around the problem is to prove that one of the
reasons for tolling the statute (i.e., not counting the time
that is running) applies, but that is highly unlikely given the
fact that no contemporary complaint or other means of initiating
an investigation was filed, at least that I am aware of.
Before anyone offers, killing a space alien probably doesn't
fall under the state's homicide statutes.  Homicide is generally
defined as killing a person, and the jurisprudence about
personhood boils down to a person is a born alive human being.
(Some animal rights activists have tried to have animals defined
as a person, and failed, with pro-life activists trying to
include the unborn.  I'm not about to get into a discussion
about hybrids or unborn hybrids, by the way).

So, to sum up, there are many reasons why a grand jury
investigation of Roswell is not only unlikely, but probably
barred by applicable law.

Now, if anyone would like a further discussion of the
intricacies of criminal procedure, I can only offer this advice:

You are one sick puppy and you should immediately seek
professional help!


Regards,

Jeff



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