Hmmm 
DENVER -- A federal appeals court is considering whether the recitation of the Pledge of Allegiance before a trial in U.S. District Court in Denver last year prejudiced the jury against the defendant.
Before jury selection began in a February 2002 trial on weapons charges for Frank Herbert Wonschik, 46, of Aurora, U.S. District Judge William Downes spoke about patriotism and led everyone in the courtroom, including prospective jurors, in reciting the pledge. Downes normally works in Wyoming but was assigned to work in Denver at the time.
After leading the pledge, Downes asked prosecutors if they were ready to begin jury selection by saying, "Is the United States of America ready to proceed?" according to court documents.
Wonschik was convicted of possessing parts to convert a semiautomatic rifle into an illegal machine gun. He was sentenced to 27 months in prison and ordered to obtain alcohol and mental health treatment. In his appeal to the 10th U.S. Circuit Court of Appeals, he argued that the recitation of the pledge biased the jury in favor of the government that prosecuted him.
Defense attorney Jill Wichlens argued before three appeals court judges Monday that Downes made a mistake that should prompt a new trial.
In court documents, Wichlens said it was wrong for jurors to have pledged themselves to one of the parties in the trial: the U.S. government.
Prosecutor Bob Russell argued that reciting the pledge does not necessarily mean jurors will side with government lawyers. He said Downes repeatedly instructed jurors that prosecutors had to prove their case beyond a reasonable doubt and that Wonschik was presumed innocent.
DENVER -- A federal appeals court is considering whether the recitation of the Pledge of Allegiance before a trial in U.S. District Court in Denver last year prejudiced the jury against the defendant.
Before jury selection began in a February 2002 trial on weapons charges for Frank Herbert Wonschik, 46, of Aurora, U.S. District Judge William Downes spoke about patriotism and led everyone in the courtroom, including prospective jurors, in reciting the pledge. Downes normally works in Wyoming but was assigned to work in Denver at the time.
After leading the pledge, Downes asked prosecutors if they were ready to begin jury selection by saying, "Is the United States of America ready to proceed?" according to court documents.
Wonschik was convicted of possessing parts to convert a semiautomatic rifle into an illegal machine gun. He was sentenced to 27 months in prison and ordered to obtain alcohol and mental health treatment. In his appeal to the 10th U.S. Circuit Court of Appeals, he argued that the recitation of the pledge biased the jury in favor of the government that prosecuted him.
Defense attorney Jill Wichlens argued before three appeals court judges Monday that Downes made a mistake that should prompt a new trial.
In court documents, Wichlens said it was wrong for jurors to have pledged themselves to one of the parties in the trial: the U.S. government.
Prosecutor Bob Russell argued that reciting the pledge does not necessarily mean jurors will side with government lawyers. He said Downes repeatedly instructed jurors that prosecutors had to prove their case beyond a reasonable doubt and that Wonschik was presumed innocent.