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Will there be anything...
Submitted by No One on Wed, 08/30/2006 - 12:54am.Update on legal defense
Submitted by POLDF on Wed, 08/30/2006 - 11:45am.The following is an article I wrote for the upcoming Works In Progress. It will be out Friday.
The trials of the Oly 22
The Trials of the Oly22
by Pat TassoniOn August 20th, the first Stryker brigade soldier died in Iraq. Sgt. DeRoo was previously stationed at Fort Lewis and possibly he, his brigade and their equipment and passed through Olympia during the last weeks of May this year. He or just his fellow brigade members and their equipment was greeted by hundreds of demonstrators during this time as an 11-day protest of the Port of Olympia occurred in an attempt to stop war shipments bound for Iraq that resulted in 37 arrests. Demonstrators brought to the attention of the Port of Olympia officials, the wider community and eventually the world, their perspective that the war in Iraq is illegal and the Olympia community and the Port of Olympia should not be complicit in and profiting off the war crimes of a continued presence there. If the port officials had listened, Sgt. DeRoo may still be alive, and many more to come including Iraqis need not die.
The Army contracted with the Port of Olympia for the first time in nearly two decades and began transporting war equipment including 300 Stryker vehicles in mid-May. The United States Naval Ship Pomeroy came into the Port on the evening of Memorial Day to deliver the equipment to Iraq. This issue prompted a continual protest presence at the Port and daily corner demonstrations and street marches. During the first week of direct actions, 14 were arrested by the Olympia Police on Marine Drive for ‘pedestrian interference’ as unfair consideration was given by them to the military convoy’s access to the roads over those of community members by inappropriately rerouting and escorting the convoy through local access roads and arresting pedestrians. None of those cited and arrested have been charged with that crime from the city’s prosecutor’s office. If the prosecutor believes that the police acted in bad faith, in a biased manner or illegally, they often do not pursue charges against the arrested and hope to let the issue go away. The police know this too -- that it is not always about getting the criminal -- but they still take particular action to achieve a short-term political goal. In this case, clearly deciding that one group’s interests are more important than another’s and removing any barriers to that interest. It has also come to light that the OPD has made the decision to destroy their videos from the time, which may have been illegal.
One activist during this time, Drew Hendricks, was arrested and originally prosecuted by the county with a felony trespassing charge. How exactly does a citizen trespass on public property, like the Port? How is a constitutionally-protected demonstration against a government agency, like the Port, considered criminal? When the prosecution could not make the case stick before a judge, it was dropped to a misdemeanor charge which will eventually be dismissed with a one-year deferred sentence and a fine of less than $50 for court costs that Hendricks took.The next week with the imminent arrival of the USNS Pomeroy hundreds of community activists took the protest to the Port gates. There they were confronted by many jurisdictions of police who used disproportionately violent responses (pepper spray, unnecessary and excessive force, withholding of medical care, and mass arrests) against the non-violent protestors. Demonstrators held a teach-in led by International Politics and Middle East Professor, Steve Niva; had a public party; and staged a die-in as the USNS Pomeroy left the port. The police used flawed and slanted political logic by demanding that demonstrators remove a base-camp from a parking lot because “it would attract homelessness.” Don’t they understand that by allowing and escorting the convoy to the port and setting up a massive police camp, they sent out open invitations for demonstrations there. The police got what they asked for on both counts.
On May 30th, 20 people were arrested at the Port of Olympia for ‘criminal trespassing’ – the same reduced charge that Hendricks got. Two were arrested for “riot”, which by state law requires 3 or more people to be involved. As the police charged and the county prosecutor pursues the riot charges, it will be a telling commentary on our judicial system if they can prove beyond a reasonable doubt that 1 +1 = 3. Again it just illustrates that the prosecution is left to clean up the mess that sloppy [political] policing gives them and is willingly complicit in that farce. The Port of Olympia is also applying political pressure onto the county prosecutor’s office to extort $29,000 from the protesters. In a document obtained from them to the prosecutor, they state: "Please know that the Port of Olympia seeks restitution in order to be made whole from the damages caused by the defendants name[d]...and which resulted in your agency filing the above criminal charges." Don’t they know none of the protesters are charged for the alleged damages cited. No one has been charged with destruction of property nor did any of those charged ask for the police to set up their camp on overtime pay. None of the protesters by the way got paid, regular time or overtime. In a parallel occurrence, eleven nazis recently came to town and the police established a one-day 275 officer presence and about a half-mile of rented chain link fence. Why aren’t the nazis being asked for restitution for those $50,000 in costs? Can you say ‘political choice’? Nevertheless, the scrambling prosecutor is using the restitution issue, in addition to threatened jail time, to intimidate the protesters into accepting a plea bargain. Often in district court, a jury decides guilt or innocence and the judge imposes the sentence and/or fines. The prosecutor at one pre-trial hearing informed the protesters of a deal that she said she mailed the day before [some received the offer in the mail, some never did]. All but one have rejected a ‘deal’ that is consistent with Hendricks’, except with the additional stipulation of paying $200 restitution each for the port gate. Most of the protesters are represented by an attorney or public defender, but five are representing themselves ‘Pro-se’ and were ready for their trials to begin August 28th. The prosecution though faced with having to prosecute all before their 90-day speedy trial right expired, forced a continuance on the judge by presenting an absurd motion to ban political speech during the trials mere days before they were to begin. Again she said she mailed it to the protesters the day before, but this time she produced enough copies on the spot for them, blurting out to the judge’s procedural frustration that the war has ‘nothing to do with it’. In essence, the prosecutor is petitioning the court to not allow the protester/defendants to utter such words as ‘war’, ‘Iraq’, ‘demonstration,’ in the context of ‘this charge stems from a demonstration against the illegal war in Iraq.’ It is unlikely that the judge would impose this limitation on free speech and equitable arguments, but she did grant a procedural continuance for a full hearing on the matter. So for now the prosecution has bought some more time for themselves as the trials were moved back to October 9th. Maybe they can take this time and focus on finding exactly what crime was committed since nothing they’ve done so far seems to make sense.The Port of Olympia Legal Defense Fund was established to help offset the costs associated with these cases, including potentially suing the police and/or the port for their behavior. You can donate to the fund via PayPal at www.paypal.com to the following address: oly.port.ldf@gmail.com or mail a check to: Port of Olympia Legal Defense Fund, PO Box 295 Olympia, Washington 98507-0295. If you donate more than $25, you’ll receive a button.
You should try out for Jerry
Submitted by Norm on Wed, 08/30/2006 - 12:09pm.I don't know, but if I go
Submitted by The Fire Inside on Wed, 08/30/2006 - 2:29pm.Last I checked...
Submitted by Rick on Wed, 08/30/2006 - 2:50pm.Err yeah, because every
Submitted by Norm on Wed, 08/30/2006 - 3:35pm.You can have a pizza party
Submitted by Meta Hogan on Thu, 08/31/2006 - 1:04pm.POLDF wrote: "Why
Submitted by NWarty on Wed, 08/30/2006 - 12:48pm.POLDF wrote: "Why aren’t the nazis being asked for restitution for those $50,000 in costs? Can you say ‘political choice’? "
Ummm....the Nazi's didn't destroy property or leave trash all over the place.
WB NWarty, where ya been?
Submitted by Norm on Wed, 08/30/2006 - 1:02pm.Please see my response...
Submitted by Rick on Wed, 08/30/2006 - 2:05pm.Hey Norm, just been lurking
Submitted by NWarty on Wed, 08/30/2006 - 1:35pm.Hey Norm, just been lurking here and under the radar.