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By Rukiyah Polk©
-Baltimore
The Chief Judge of the Maryland Court of Appeals, Maryland’s Highest Court has affirmed the Right of Marylanders to Private Prosecution before Maryland Grand Juries at Maryland’s eight Circuit Court levels.
Chief Justice Robert M. Bell affirmed that Maryland Citizens have a Common Law Right to approach the Grand Jury without the assistance or approval of a State’s Attorney. In an Opinion Letter dated October 3, 2007 addressed to David Anthony Wiggins©, who sought the Chief Justice’s Opinion after his attempt to approach the Grand Jury for Baltimore City was blocked by Master James P. Casey, who sits on the Juvenile Court and Nancy Dennis, Jury Commissioner for Baltimore City, after Wiggins© filed a court pleading charging the judiciary and State’s Attorney Patricia Jessamy of a criminal violation of his Civil Rights Under Color of Law.
The Bell Opinion Letter states “ You are correct in recognizing that in Maryland citizens have a common law right to approach a grand jury to make complaints. The law in that regard, as set forth in Brack v. Wells, 184 Md. 86 (1944), which you cite, is clear straightforward and sufficiently detailed.”
Bell’s concurrence is a wake up call to public officials to abide by the black letter of the law or to face possible grand jury action; It is also the first step in citizens taking back control of the grand jury system from the undue influence of judges and prosecutors.
The people’s right should not be abrogated by unlawful court customs which prevent accountability; it is time for the rights of the people to be respected and the law to be applied equally to public officials and public citizens.
Brack v. Wells, is a case that most lawyers and judges in Maryland are completely unfamiliar with; In Brack the Court determined that the inquisitorial powers of a grand jury are not limited to cases instituted by a magistrate (a Court Commissioner or Judge), or by a State’s Attorney, it also allows for the grand jury to investigate a case that the State’s Attorney has decided not to present to it.
“What this means is that all of the recent questionable Police shootings that Jessamy declined to investigate may be taken to the Grand Jury for possible indictment of police misconduct.”, said Wiggins©, who stated further, “I have listened to people complain at public forums and on the radio about the corrupt government and I just want to disseminate this information to individuals and groups who are committed to the upliftment of our community”.
“We have a Mayor, Governor and State’s Attorneys in Baltimore City and Baltimore County that are and can be shown in the public record, to be in violation of their Sworn and Subscribed Oath of Office and it is the duty of those schooled in law and legal research to hold these criminals accountable”.
Wiggins© has issued a challenge to all members of the Maryland Bar to debate why the four public officials pictured below, and who are in violation of their Sworn and Subscribed Oath of Office should not be taken before the grand jury by the People, to be indicted for fraud and perjury.
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