Denver activists can continue handing out jury nullification literature on the courthouse grounds as long as they don’t trample the landscaping, according to a federal judge’s order.
U.S. District Judge William Martinez granted the injunction Tuesday after a lawsuit was filed this month on behalf of the Fully Informed Jury Association and two citizens.
In his order, the judge noted “a minor turf war has erupted between Denver and the 2nd Judicial District over control of the courthouse grounds.”
The judge also determined that a court order intended to prevent potential violence after the Dexter Lewis death penalty verdict went too far in its restrictions.
The lawsuit was filed by civil rights attorney David Lane after two other men were charged with jury tampering by Denver District Attorney Mitch Morrissey. They had set up a booth and distributed jury nullification pamphlets to potential jurors.
The lawsuit named the city, Denver police Chief Robert White and Chief Judge Michael Martinez, who last week wrote an order barring public demonstrations at the Lindsey-Flanigan courthouse.
Since the lawsuit was filed, City Attorney Scott Martinez has advised Denver police and sheriff’s deputies to stop arresting activists outside the courthouse.
In his order granting the injunction, William Martinez said the jury nullification information is protected speech. “There appears to be no contest on this point,” he wrote.
He said he would allow activists to continue handing out the two pamphlets that had been distributed.
Martinez also determined that Denver is likely to prevail in its arguments that it controls the courthouse and grounds, rather than the 2nd Judicial District.
He also ruled that courthouse security could find other ways to maintain public safety without a straight prohibition on public demonstrations.
Court security officers will be allowed to prevent the obstruction of doors and hallways and to restrict sound systems. People also will not be allowed to build new structures.
Noelle Phillips: 303-954-1661
