Portland, OR-July 3, 2012--Judge David Rees issued a ruling on Friday, June 29th, 2012 that John Brennan, the man who stood up against the TSA, is not entitled to a jury trial for the charges of indecent exposure. However, Judge Rees did grant that the appropriate burden of proof is beyond a reasonable doubt.
Mr. Brennan was arrested with the charge of disorderly conduct, which is a misdemeanor. The DA is prosecuting the case as a violation. A violation is a lesser charge, as opposed to a misdemeanor, which is a crime. The original charges entitled Mr. Brennan to three benefits of the law that he is not normally entitled to under a violation: The right to a court-appointed attorney, the right to a jury trial, and the right to be held to the standard of "beyond a reasonable doubt."
Mr. Brennan through his attorney, Michael Rose of Creighton & Rose, asked the court to allow the standard of beyond a reasonable doubt and a jury trial to be retained for his trial. Judge Rees split the request for Mr. Brennan's Motion to Determine Trial Procedure.
John Brennan's indecent exposure trial is set for July 18 at Multnomah County Courthouse.
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