Athiest found not guilty.

[Lisa]

found from here and here

SMALKOWSKI FOUND NOT GUILTY ON ALL COUNTS



Web Posted: June 26, 2006

hester (Chuck) Smalkowski, a member of American Atheists living in Hardesty, Oklahoma, has been found Not Guilty on all counts by a twelve person jury in Guymon, Texas County, Oklahoma.

Chuck, together with his family, is featured on the cover of the current issue of American Atheist Magazine. At the 2006 Annual Convention, the Smalkowski Family was presented the American Atheists Award for Valor, now prominently displayed on the wall of their home.

The Smalkowski case attracted national attention after Nicole Smalkowski was kicked off of the girls' basketball team after refusing to stand in a circle with her teammates on the gymnasium floor of the Hardesty public High School and recite the "Lord's Prayer." After school officials learned that she and her family were Atheists, lies were created about her as grounds to take her off of the team.

When her father Chuck discovered conclusively that public school and law enforcement officials had lied to him about his 15 year old daughter, he and Nicole and her mother Nadia went to the home of principal Lloyd Buckley to attempt to discuss the matter with him. Outside of his front fence, the principal struck Chuck, who blocked the blow. Both men fell to the ground and Buckley sustained minor injuries, the provable origins of which were strikingly contrary to his under oath trial testimony. Buckley then took out misdemeanor criminal assault charges against Chuck. After Smalkowski rejected the offer to drop the charges if he and his Atheist family left the state, the charges were raised to a felony. Chuck called American Atheists for help.

On June 22, 2006, after only a little over two and a half hours of deliberation, a span of time that included dinner, the jury found Chuck "Not Guilty" of the felony charge of assault and of two lesser included misdemeanor assault charges.

Edwin Kagin, National Legal Director for American Atheists and his wife Helen drove from Kentucky to Guymon, Oklahoma for the five day trial. Edwin had become registered as an attorney in Oklahoma for the purpose of assisting Tim Gungoll, Chuck's attorney from Enid, Oklahoma. Mr. Kagin conducted the voir dire of the prospective jury, gave the opening and closing statements in the case, cross examined the Superintendent of the Hardesty public schools, David Davidson, and conducted the direct examination of the defendant Chuck Smalkowski. Tim cross examined the other prosecution witnesses and conducted the direct examination of Nicole and Nadia Smalkowski.

The Atheist and Christian attorneys worked together effectively for the cause of justice and to vindicate an Atheist falsely accused.

The true significance of this trial is that this is the first case we know of in American jurisprudence where Atheism has been directly used in as a defense in a criminal trial.

Edwin introduced himself to the jury as National Legal Director for American Atheists and asked the prospective jury in the Oklahoma panhandle if they could accept the testimony of an Atheist over that of a professed Christian. When the jury looked at him blankly, the judge asked the prospects if they understood the question. One woman spoke for many in the group by asking "What is an Atheist?" Edwin explained that an Atheist was a person who did not believe in a god or gods or in a supernatural world, and that the defendant and his entire family were such persons. Many of the prospects said they could not believe such a person over a Christian and were struck for cause. To their credit, many members of the jury panel, including two ministers' wives, told the judge they could not be fair to an Atheist in such a situation and were excused.

Edwin also told the prospective jurors that his co-counsel Tim Gungoll believed Jesus Christ to be his personal savior and that Tim was a practicing Roman Catholic who asked if the jury might feel him a hypocrite to his faith for defending Chuck. Ultimately a jury of twelve was seated who had sworn that they could believe the testimony of an Atheist over that of a Christian.


In closing argument, Edwin told the jury that it really should not be necessary for an Atheist to tell them it is wrong to lie under oath, as he reminded them the Christian school officials and the police had done in their sworn trial testimony. "Thou shall not bare false witness against thy neighbor. Ninth Commandment. Eight if you are Roman Catholic," Kagin said.

The jury believed the Atheists. Unanimously.

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

This fact has no relationship whatsoever to the verdict.

A civil lawsuit in Federal Court, with the Smalkowski Family and American Atheists as Plaintiffs, is contemplated.

Very unchristian behaviour....

[Tanasinn]

Fucking awesome, that's for sure.

One small victory for sanity, I suppose.

[Rye]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

That is fucking awesome.

[CaptJodan]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

Damn. If only it had destroyed the judges/jury's houses, then they could have claimed God was angry for them siding with an Atheist.

Sucks to be him.

[Singular Intellect]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

This fact has no relationship whatsoever to the verdict.

Isn't it just great when their 'god' is on the atheist's side?

[JediToren]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

[JediToren]

Seriously, this whole case is quite shocking. He tried to force them to leave the state! The numerous previous juror's admitted they couldn't trust an atheist. Then all of the lying by the school district personnel.

Of course, when you realize how often Christians lie about Hitler and the Nazi's religion I guess this shouldn't come as a surprise, but still. Fucking assholes.

[CaptJodan]

Seriously, this whole case is quite shocking. He tried to force them to leave the state! The numerous previous juror's admitted they couldn't trust an atheist. Then all of the lying by the school district personnel.

These people didn't even know what an atheist WAS. It says something about how they're unable to even entertain the idea that God might not exist afterall, and the level of ignorance they are obviously surrounded by.

[The Duchess of Zeon]

This is the Oklahoma panhandle. It is literally the most bumfuck place in America, period. It's like the south except even more rural and socially isolated. I believe any point in it is easily five hundred miles from the nearest major city.

[Ritterin Sophia]

Paula Zahn: Do you believe that Atheists are being discriminated against?
Stephen A. Smith: I saw that, I heard that, but I just don't believe that.
Debbie Schlussel: These Atheists need to shut up.

Does everyone remember this?

[Medic]

This is the Oklahoma panhandle. It is literally the most bumfuck place in America, period. It's like the south except even more rural and socially isolated. I believe any point in it is easily five hundred miles from the nearest major city.

To illuminate this point, Oklahoma is Larry the Cable Guy's stomping grounds.

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

Now I don't care who you are, that's funny right there, it sure is.

[Zadius]

Here's a 20/20 bit about the Smalkowski family.
http://youtube.com/watch?v=H48tFhpwD74

[The Duchess of Zeon]

More to the point, the Oklahoma Panhandle is a region the size of the country of Montenegro, with a population of 29,000 people, with two cities of "note", one with a population of 10,000 people and the other with a population of somewhat more than 1,000 people, which are only 10 miles away from each other. So more than one-third of the population lives within a five mile radius, leaving the rest of the area the size of Montenegro (or Connecticut, for Americans) even more sparsely populated.

[Shroom Man 777]

This reminds me of that episode where a hurricane or tornado struck Springfield, but only Flanders' house was destroyed, while everyone else wasn't hit at all

[wautd]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

Now I don't care who you are, that's funny right there, it sure is.

Maybe there is a god after all

[Gustav32Vasa]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

Now I don't care who you are, that's funny right there, it sure is.

Maybe there is a god after all

Yes, but not their God.

[Twoyboy]

The true significance of this trial is that this is the first case we know of in American jurisprudence where Atheism has been directly used in as a defense in a criminal trial

This part disturbs me. He didn't use Atheism as his defense really, did he? His defense (so it sounds to me) was that he didn't do anything wrong.

Atheism or religion is no excuse for doing anything wrong, but this guy was completely in the clear. Or did I read it all wrong?

[TithonusSyndrome]

The true significance of this trial is that this is the first case we know of in American jurisprudence where Atheism has been directly used in as a defense in a criminal trial

This part disturbs me. He didn't use Atheism as his defense really, did he? His defense (so it sounds to me) was that he didn't do anything wrong.

Atheism or religion is no excuse for doing anything wrong, but this guy was completely in the clear. Or did I read it all wrong?

I'm pretty sure you can rest assured that he didn't get off on the strength of his lack of faith in the supernatural alone. Just try to imagine that working in an American court in this part of their country.

[Twoyboy]

I'm pretty sure you can rest assured that he didn't get off on the strength of his lack of faith in the supernatural alone. Just try to imagine that working in an American court in this part of their country.

You'd more likely get lynched I reckon.

Yes, I didn't think that was his defense. But the reporter was trying to say it was. Is this a positive thing or a negative? Sounds like a bit of flamebait to incite controversy to me.

[Frank Hipper]

I feel the need to iterate myself, on the area this took place in.

Guymon, Oklahoma, is a place that has literally sent shivers down my spine the 5 or so times I've been through it. It truly is a wide spot in the road with a trailer park, grain elevators, and a couple houses; at least from what you see from the highway.

Oklahoma itself is the undisputed buckle of the Bible Belt; I've seen more than a few comments here about what a fundie hellhole Kansas must be from School Board behaviors there lately; Kansans regard Oklahoma as their backwards neighbors.
Does that illustrate things for you a little more clearly? That people from a state that is so rightfully mocked as a luddite stronghold think the same thing about Oklahoma?

Oklahoma is hell, people. Tulsa may have a few bright spots, but not enough to appeal.

[Molyneux]

Still, that much space with that few people...that sounds like a pretty cool place to live on one's own. Just go into town once a week for food and such...

To be a bit more on-topic, the fact that there was any doubt that this could have gone the other way is rather frightening.

[Elfdart]

After Smalkowski rejected the offer to drop the charges if he and his Atheist family left the state, the charges were raised to a felony.

Apparently, Oklahoma prosecutors reserve the right to carry out pogroms. I think someone should contact the DoJ's Civil Rights Division. That motherfucker belongs in jail for trying to run someone out of a state for religious reasons.

[Grand Admiral Ancaris]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

Too bad the house wasn't wasn't completely demolished with him in it.

Awesome to hear Smalkowski was found not guilty of all charges.

[Alan Bolte]

I was going to say that this is a nice surprise, but looking at the way the defense handled things, I'll instead say that this is extremely well executed. If I'm ever charged with anything, I'm gonna have my lawyer take a look at this case.

[The_Last_Rebel]

The night of the verdict, tornados of unusual violence descended on the panhandle of Oklahoma. The home of the Principal who had brought the false charges against Chuck Smalkowski was severely damaged.

What part of "Thou shalt not bear false witness" and "Thou shalt love thy neighbor" don't you understand?