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Wrong Number
03/15/01 - by Gwen Shaffer - City Paper
The case against Kate Sorensen rested on her use of a cell phone.
The jury mostly heard static.
After five hours of deliberation on Monday, a jury found longtime AIDS
activist Kate Sorensen not guilty of felony charges stemming from
allegations that she directed a pack of 700 protesters to vandalize police
cars, flip Dumpsters and set them afire during the Republican National
Convention.
The jury found Sorensen, 38, guilty of misdemeanor "criminal mischief,"
related to $1,800 worth of property damage. She plans to appeal that
charge. Jurors acquitted Sorensen of riot, risking catastrophe and conspiracy.
After her initial arrest, Sorensen was held on $1 million bail, kept in
jail for 10 days, and charged with 10 felonies and 10 misdemeanors. Most of
the charges were dismissed prior to the three-day trial. Common Pleas Court
Judge Pamela Dembe presided over the proceedings.
Sorensen's case may set the stage for 10 upcoming felony trials of
activists also arrested on Aug. 1 -- the second day of the RNC, and a day
that protesters had designated for mass demonstrations against the criminal
justice system. The district attorney is accusing those
charged with felonies of being "ringleaders." In November, felony charges
were dropped against John Sellers -- also held on $1 million bail -- and
Terrence McGuckin is appealing several misdemeanor convictions.
Sorensen has helped organize dozens of direct actions for ACT UP
Philadelphia since 1994. She currently works as a union organizer for
1199-C, which represents hospital and health care workers. On July 29,
Sorensen directed a peaceful march through Philadelphia to
advocate universal health care.
Assistant District Attorney David Desiderio argued strenuously that
Sorensen was "a leader" of the day's protest activities. Police officers
watched her talking on her cell phone -- a Nextel that also functioned on a
walkie-talkie band -- "and pointing" for several hours prior to her
arrest. Finally, Philadelphia police Detective Albert Ford approached her
in Love Park. "We have to arrest you now. You've done too much," he
commented before cuffing her wrists.
During cross-examination, Ford acknowledged he never saw Sorensen damage
property, and that he could not hear her phone conversations.
Evidence turned over by the prosecution showed that the FBI had trailed
Sorensen since April 2000. And during the week before trial, L&I inspectors
showed up at Sorensen's West Philly home three times, claiming that it is
on the department's "nuisance list."
The prosecution's main evidence included a video depicting dozens of
protesters pulling down fabric bunting and temporary fencing, but Sorensen
herself never appeared in the footage.
Several defense witnesses contradicted Ford's assertion that Sorensen
pushed a protester into a line of police officers.
Jessica Piraneo, a student from Chicago, told the jury she was thrown to
the ground by a line of police during a demonstration near 18th and Vine
Streets. Within seconds, Piraneo found herself surrounded by police on
horseback.
A stranger -- who turned out to be Sorensen -- emerged from the crowd and
helped carry Piraneo to safety, and then called a volunteer medic, she said.
Another defense witness, Kim Haebel, testified that when she saw Sorensen
at the intersection, Sorensen instructed her to leave the area and go to a
permitted rally several blocks away.
Amadee Braxton, another defense witness, told the jury that she attended
several planning meetings with Sorensen. Philadelphia Direct Action Group
guidelines prohibited weapons and property damage, she said. "They were
explicit that this was to be a week of non-violent
protest."
During two hours on the stand, Sorensen said her role was actually to
"de-escalate" any demonstrations that appeared to be getting dangerous.
Throughout the day, Sorensen testified, she had helped disperse "rowdy" crowds.
"I was there to keep demonstrators safe," she said, by communicating with
about 10 others on a 2-way radio band. If protesters requested medical or
legal assistance, Sorensen's job was to call for it, she said.
"I had no intention of leading or getting arrested," she said. "I was an
observer."
Sorensen testified that she was actually "surprised" to see police cars
covered with graffiti and smashed windows as she walked near 17th Street
and Ben Franklin Parkway.
Desiderio failed to convince the jury with his closing argument that
Sorensen personally incited riots during the RNC.
"Kate Sorensen pursued her cause in a way that was radically different from
the way others pursued their cause," he forcefully told the jury. "When you
aid and abet in mass destruction of property... and clashing with police, you
are just as liable as the ones committing those
crimes... "
Defense attorney Lawrence Krasner told jurors that he was not afraid of the
evidence in the case. Although some protesters did burn trash and vandalize
police cars, Sorensen was not among them, he said. Krasner stressed the
"hallowed tradition" of political protest in the
United States by invoking tales of William Penn and women's suffrage.
To date, more than 90 percent of cases against protesters have been dropped
or resulted in acquittals. Of 192 protesters charged with misdemeanors who
have had Municipal Court trials, only 23 have resulted in convictions.
"District Attorney [Lynne] Abraham has waged war on dissent in
Philadelphia," Krasner asserted. "They had no proof of illegal activity
against virtually all of the protesters they took to court, and they had no
proof against Kate."
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