March 12, 2017 at 1.40 PM


From: Sandra <sandra123@gmail.com>
Date: Sun, Mar 12, 2017 at 1:40 PM
Subject: Jury instruction give to every CA jury when D charged with violating a restraining order
To: kelley.lynch.2016@gmail.com



A. What your jury will be instructed regarding the elements of the charge of violating a restraining order:
2701. Violation of Court Order: Protective Order or Stay Away
The defendant is charged in Counts one and two with violating a court order.
To prove that the defendant is guilty of this crime, the People must prove that:
1. A court  issued a written order that the defendant refrain from contacting Leonard Cohen by telephone, email, post, or otherwise.
2. The court order was a protective order originally issued under the anti-stalking laws of the State of Colorado, and later registered in California in 2011;
3. The defendant knew of the court order;
4. The defendant had the ability to follow the court order;
AND
5. The defendant willfully violated the court order.
Someone commits an act willfully when he or she does it willingly or on purpose.
The People must prove that the defendant knew of the court order and that (he/she) had the opportunity to read the order or to otherwise become familiar with what it said. But the People do not have to prove that the defendant actually read the court order.

If each of those 5-elements are proven beyond a reasonable doubt, the jury will find you guilty. Period. End of story.

Commentary:  A court issued the fraudulent California domestic violence order without jurisdiction and/or minimal due process of law.  The anti-stalking laws do not convert the nature of a relationship.  The People didn't prove that Lynch knew of an order in 2012 because the Boulder Court informed Lynch and others that their order expired in 2009 and Lynch was unaware of the fraudulent California domestic violence order.  Therefore, Lynch willingly and knowingly violated nothing.  Nevertheless, the jurors were advised that Lynch violated the Colorado order although the California order is not the Colorado order and Streeter informed the court, which took judicial notice of the case, that Lynch violated the California domestic violence order.  

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