From Bryan Fischer, Idaho Values Alliance
Count Dave Ferdinand as another victim of the grinding maw of the Boise City Attorney’s office. Ferdinand happens, perhaps not coincidentally, to be a conservative Republican as well as a Canyon County commissioner.
With at least 31 full-time attorneys and a $490 million budget, the city has the resources to create considerable mischief and pervert justice in the process.
Ferdinand was prosecuted by the city for having a hand-gun in his carry-on luggage. His first trial, recently concluded, ended in a hung jury. The jury was hung by a lone hero juror – Kisha Majors – who, after listening to testimony, was convinced that charges should never have been brought in the first place.
Ferdinand had placed the gun, which he carried for self-protection, in an inside pocket of his luggage for a trip to McCall the previous week, placing it in a rarely-used pocket to prevent his grandchildren from inadvertently finding it. He simply forgot it was there.
But the legal bureaucrats in Boise’s city hall trudge on, and will spend who knows how many more thousands of taxpayer dollars to prosecute Ferdinand again. The new trial has been scheduled for Dec. 12.
Ferdinand has already been forced to spend north of $10,000 to defend himself against a bogus misdemeanor charge. His only other option was to plead guilty to something he did not do – “knowingly” trying to sneak a gun onto a plane -, accept one year of probation and forfeit his Second Amendment rights in the meantime.
The law under which Ferdinand was prosecuted explicitly requires that the defendant “knowingly” try to bring a hand-gun into a secure area of the airport. But according to Ms. Majors, in actuality not one of the six jurors believed that Ferdinand intended to sneak a gun on the plane; all of them believed it was a simple oversight on his part and that he had not done it on purpose.
They were talked into a “guilty” vote by the city prosecutor who somehow convinced them he was guilty just because he owned the gun and that his intent was irrelevant. The prosecutor even tried to keep the judge from giving the jury any instructions regarding the issue of intent.
Ms. Majors agrees with Boise police, and with Ferdinand himself, that he was “neglectful,” but correctly said “that’s not what we were there to decide. There wasn’t any evidence that he knew.”
Since the law requires intent for there to be a violation, Ferdinand plainly was not guilty of violating this law.
Even the Boise police report called it “an honest mistake” and let Ferdinand board the plane after taking possession of his gun.
Unfortunately for Mr. Ferdinand, justice does not seem to be high on the list of priorities for the attorneys who work for the city of Boise.
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