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Stickin' It Out
03/29/01 - by Gwen Shaffer - City Paper
Even testimony from Police Commissioner John Timoney failed to sway a jury
it should convict political protester Matthew Berghs. He was acquitted
March 15 of allegedly whacking a Philadelphia police officer with a 7-foot
bamboo stick during the Republican National Convention.
Matthew Berghs, a 19-year-old Indiana University student, was cleared last
week of a felony assault charge and three misdemeanors -- simple assault,
obstruction of justice and recklessly endangering another person. Following
Berghs' Aug. 1 arrest, he was held in jail for three days with bail set at
$50,000.
The defense introduced photographs of a bruised and battered Berghs,
snapped by his mother five days after the arrest. Public defender Shawn
Nolan argued that his client was the victim of police brutality, not the
other way around.
While on the stand, both the arresting officer and Timoney denied Berghs
was roughed up during his arrest.
But the defendant told jurors that he was running to get out of Center City
on Aug. 1 because of the mass arrests taking place, particularly of
suspected "anarchists." Berghs was dressed in black and feared he would be
targeted.
He testified that Officer Thomas Donahue grabbed from behind with a billy
club, jamming it across his neck and collarbone. Donahue clubbed Berghs in
the head, near the shoulders and on the calves, the defendant testified.
On the stand, Timoney said he saw Donahue chase Berghs. But the
commissioner acknowledged he never witnessed Berghs assaulting an officer
with the bamboo stick.
The prosecution did not offer fingerprints or other evidence -- just
Donahue's testimony -- to prove Berghs touched the stick.
Common Pleas Judge John Young presided over Berghs' trial, which marked the
second RNC felony acquittal in two weeks. Nine more RNC felony defendants
await their day in court.
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