Feb. 27, 2024 - Epoch Times
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| Good evening, and right before we dive in, I'll quickly mention that Dr. | |
| Robert Malone, who was the man who invented part of the mRNA platform that the new vaccines are based on, but then became one of the most vocal critics of the vaccine program, well, he recently launched a new show over on Epic TV, our no-censorship video platform. | |
| His program is called Fallout, and it goes very deep into, well, topics that are frankly not welcome here on YouTube. | |
| And so, if you'd like to check out some of the awesome new episodes from Dr. | |
| Robert Malone, I'll throw the link to his new program. | |
| You can find it right there at the top of the description box below. | |
| I hope you check it out. | |
| And now, diving into today's main topic, just three days ago, the U.S. Supreme Court issued a unanimous decision which clarified an important aspect of law, important for anyone who ever happens to find themselves in court being accused of a serious crime. | |
| However, in order to explain what this ruling was all about, as well as the implications for Americans moving forward, I need to back up for a quick second and give you the background on this particular case. | |
| All the way back in the year 1996, a woman named Diane McElrath, she adopted a two-year-old boy named Damian. | |
| However, unfortunately, mentally, not all was well with Damien. | |
| "When he was young, Damien was diagnosed with bipolar disorder and attention deficit hyperactivity disorder. | |
| He reacted poorly to psychiatric treatment and sometimes refused to take his prescribed medication. | |
| He had difficulty in school, including low grades, suspensions, and trouble with law enforcement. | |
| All of this led to quarrels between Damien and his adoptive mother." Damien's mental situation progressively got worse and worse. | |
| Either due to the psychotropic drugs or just because of the nature of the disease, to the point that sometime around 2009, 2010, he, quote, began to believe that his mother was poisoning his food and drink with ammonia and pesticides. | |
| He also suffered from other delusions, believing that he was an FBI agent who regularly traveled to Russia and had killed multiple people. | |
| And so the trajectory here was already not good. | |
| Then you fast forward to the year 2012, and Damien's mental state deteriorated even further to the point that he was institutionalized. | |
| Although, apparently despite being diagnosed with schizophrenia, the clinicians thought it was a good idea to release Damien back into society. | |
| Quote, And unfortunately, this decision of theirs proved disastrous because within a few weeks of being released from the mental facility at the age of 18, Damien wound up brutally killing his adoptive mother by stabbing her over 50 times. | |
| Now, after the murder, Damien was apprehended by the police and he was charged by the state of Georgia with three separate crimes. | |
| Malice murder, felony murder, as well as aggravated assault. | |
| The legal process in this particular case, it took approximately four years to play itself out, but eventually, in the year 2017, a jury came back with an unusual verdict. | |
| To the charge of malice murder, the jury found Damien to be not guilty by reason of insanity. | |
| However, on the charges of felony murder and aggravated assault, that same jury found Damien to be guilty but mentally ill. | |
| And as such, he was sentenced to life in prison. | |
| But just on the face of it, you can see why this particular verdict was so unusual. | |
| The same jury that found Damien to be not guilty by reason of insanity to one charge, they simultaneously found him to be guilty on the other two charges, all of which arose from the same episode of murder. | |
| And so because of these inconsistent verdicts, Damien and his lawyers, they appealed the case to the Georgia State Supreme Court, writing this as a part of their petition. | |
| Quote, The verdicts were repugnant under Georgia law, and the conviction should be reversed. | |
| According to the Supreme Court of Georgia, inconsistent verdicts involve seemingly incompatible conclusions. | |
| The classic example is where the jury acquits a defendant on a predicate offense, but then convicts on the compound offense. | |
| new trial, meaning that since the jury found him to be too insane to be guilty of malice murder, Damien's lawyers wanted the other two guilty verdicts to be overturned in order to make the entire verdict consistent with itself. | |
| However, this is exactly where things got interesting, because the state Supreme Court of Georgia, they agreed that these verdicts represented a legal impossibility, but they did not do what Damien's lawyers wanted. | |
| Instead, the state Supreme Court of Georgia, they tossed out all three of the verdicts and they ordered that a brand new trial must be held, meaning that the state Supreme Court, they tossed out both the two guilty verdicts as well as the one not guilty verdict. | |
| Now, seeing this, Damien's lawyers, they then appealed this case one more time to the U.S. Supreme Court, arguing that no matter the circumstances, it is illegal for the state to charge Damien for a crime that he's already been found Essentially, the lawyers were saying that trying Damien for malice murder again, despite him already being found not guilty, regardless of the circumstances of that verdict, well, that would be a form of double jeopardy. | |
| And therefore, it would be illegal as per the Fifth Amendment to the U.S. Constitution. | |
| Now, this case, it was accepted by the U.S. Supreme Court, who eventually, just three days ago, issued a unanimous decision against the state of Georgia. | |
| The court's 10-page decision, which you can see up on your screen for yourself, was written by Justice Katanzi Jackson, and here's what it said in relevant part. | |
| Quote, We simply cannot know why the jury in Damien's case acted as it did and the double jeopardy clause forbids us to guess. | |
| To conclude otherwise, would impermissibly authorize judges to usurp the jury right? | |
| The jury's finding that Damien was not guilty by reason of insanity means Georgia failed to prove he was criminally responsible and that holding was equal to an acquittal. | |
| Georgia law provides that a defendant who establishes an insanity defense shall not be found guilty of the crime. | |
| The jury's determination that the defendant was not guilty of malice murder by reason of insanity was unquestionably a ruling that the prosecution had failed to prove criminal liability. | |
| This conclusion is consistent with Georgia's concession that if the not guilty verdict were considered in isolation, that is, if the jury had reached the same conclusion under the same circumstances on a single count, it would have constituted a valid verdict of acquittal under state law. | |
| As we have long recognized, Jeopardy clearly terminates under these circumstances. | |
| That's all to say that the decision of the U.S. Supreme Court is that the not guilty verdict in this case, irrespective of anything else, means that he cannot be tried again under the Fifth Amendment to the U.S. Constitution. | |
| Also, interestingly, alongside the majority opinion of the court, there was a single-page concurring opinion that was written by Justice Sam Alito, who added the following. | |
| Quote, There was indisputably an acquittal on the malice murder charge. | |
| Because the Constitution does not permit appellate review of an acquittal, the state Supreme Court's decision must be reversed. | |
| As I understand it, our holding extends no further. | |
| The US Supreme Court recognizes that the situation here is different from one in which a trial judge refuses to accept inconsistent verdicts and thus sends the jury back to deliberate further. | |
| Some states allow this practice, and our decision does not address it. | |
| We have held that federal law does not prevent the acceptance of inconsistent verdicts, but we have never held that the Constitution mandates that practice, which is not necessarily favorable to either the prosecution or the defense. | |
| Nothing that we say today should be understood to express any view about whether a not guilty verdict that is inconsistent with a verdict on another count and is not accepted by the trial judge constitutes an acquittal for double jeopardy purposes. | |
| All right, just to pause here for a super quick moment. | |
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| This short, concurrent opinion from Justice Sam Alito, it essentially clarifies that the opinion of the court was only narrowly aimed at the not guilty verdict. | |
| That's all to say that the U.S. Supreme Court appeared to place very little, if any, weight on the fact that there was an inconsistency between the three different verdicts. | |
| And instead, the key point here is Now, in terms of what this means moving forward, well, for this particular lawsuit with Damien, This decision means that the case is remanded back to the Georgia State Supreme Court, who will now order a new trial to be held for only the two charges that Damien was found guilty of, for felony murder as well as aggravated assault. | |
| The malice murder charge is done away with. | |
| Then, outside of this one particular case for the broader American public, well, this decision by the U.S. Supreme Court, it strengthens the protections of the Fifth Amendment and shows that the contours of our right against double jeopardy is fairly broad. | |
| As long as we are found to be not guilty of a crime, well, it does not matter if we're found guilty of other charges, even if there's an inconsistency. | |
| The state shall not have the ability to try us again for a charge that we have already been acquitted of. | |
| If you'd like to read either the 10-page decision that came out of the U.S. Supreme Court or the one-page concurring opinion from Justice Sam Alito, I'll throw the PDF links to them down into the description box below this video for you to check out. | |
| And I should mention, it's that same little description box right below those like and subscribe buttons, both of which I hope you take a super quick moment to smash so that the YouTube algorithm will be quite literally forced to share this video out to ever more people. | |
| Now, lastly, just as I mentioned at the top of today's episode, Dr. Robert Malone, who invented part of the platform, the mRNA platform that a lot of the new vaccines are based on, well, he recently launched a new program over on Epic TV, our awesome no-censorship video platform. | |
| His show is called Fallout, and it goes deep into subjects that are now welcome here on YouTube, because both the subjects, as well as even the name, Dr. Robert Malone, gets picked up by the YouTube algorithm and either shadow banned, throttled, or sometimes outright censored. | |
| And so if you'd like to check out his awesome new program, you can find it exclusively over on Epic TV. | |
| It'll be right there at the top of the description box below. | |
| His latest few episodes, in my opinion, are excellent. | |
| Go and check him out. | |
| Again, that link is right there at the top of the description box below. | |
| And then, until next time, I'm your host, Roman, from the Epoch Times. |
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