By Jeff Collins
Orange County Register
December 30, 1997

BUENA PARK - A pastor convicted of violating city laws by housing the homeless at his church plans to launch an initiative drive aimed at giving jurors the option to reject unjust laws.

The Rev. Wiley Drake maintains that jurors have "the lawful right and power" to disregard unjust laws.

Drake plans to unveil a petition drive Friday to get his proposal on the California ballot.

If his measure passes, judges would be required to instruct jurors that they have the right "to acquit the defendant, or find him/her not liable for damages" if they find that a law is unjust or that the application of it would be unjust.

Drake and the First Southern Baptist Church were each found guilty of four misdemeanor counts in July. He was sentenced to 1,500 hours of community service and given three years' probation.

But the pastor maintains that several jurors later apologized "for their misguided conviction" of him.

William Kopeny, an Irvine appellate attorney, said the proposed initiative probably would be found unconstitutional by the courts because it violates a person's right of equal protection under the law.

However, jurors always can disregard a law, and their reasons for reaching a verdict can't be used to overturn that verdict, Kopeny said.

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