Two Important Facts
to be considered in this matter
Probably the most significant facts in the entire Obfuscation of Justice, and upon which everything else revolves, are the legal status of what the court still refers to as "Juror 505" and the applicable law (qualifications to serve on a Federal Jury).
So, let’s look, first, at the legal status of "Juror 505", aka Matthew Lee Finch:
On October 14th, 1996, Matthew Lee Finch (Case Number 96-10839-CF D, Circuit Court for the Sixth Judicial Circuit of Florida - Criminal Division) signed a "Change of Plea Form" which states the following:
"1. I, Matthew L. Finch, Defendant herein, do hereby withdraw my plea of not guilty and enter a plea of nolo contendere to the charges…"
"2. … I understand that, if the court accepts my change of plea, I give up (waive) my right to a jury trial, and that I will be sentenced as a felony offender, based upon my plea."
"3. I understand …. The maximum penalty for the crime(s) to which I am pleading guilty or no contest. Which is 5 [years in prison and] $5,000."
"9. … there has been an understanding that my sentence will consist of 18 mo[nths] probation; 60 days jail weekends; $250.00 court costs; $34.00 investig[ative] costs; [withheld] adjudication."
[underlines, mine. opf]
Note that Matthew Lee Finch pled "nolo contendere". To understand exactly what "nolo contendere" means, we can look at "Federal Rules of Criminal Procedure", Section 2.01 (H) - , which is instructions to federal judge on advising defendants of their pleas.
If the plea relates to a felony offense, consider asking defendant:
Do you understand that the offense(s) to which you are pleading guilty (nolo contendere) is a (are) felony offense(s), that if your plea is accepted you will be adjudged guilty of that offense, and that such adjudication may deprive you of valuable civil rights, such as the right to vote, the right to hold public office, the right to serve on a jury, and the right to possess any kind of firearm?
So, there can be little doubt that Finch knew that he was pleading to a felony, and that the Federal Court system recognizes that the "nolo contendere" plea is, or constitutes a conviction, and that he could serve up to five years by pleading "nolo contendere" to the charges.
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The other fact that must be understood is what the qualifications are to serve on a Federal Jury (as was the case in the Tampa Common Law Court trial). For this ‘fact’. We can go to 28 USC § 1865. Qualifications for jury service. In this ‘law’, we find that:
(b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, shall deem any person qualified to serve on grand and petit juries in the district court unless he -
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(5) has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been restored.
[underlines, mine. opf]
Now, the law says that "punishable by imprisonment for more than one year" is the criteria. It does not say that the must be sentenced to this time, only that the crime he has been convicted of carries such a penalty.
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