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 Hit and run 11/02/00 - by Deborah Scoblionkov - City Paper Score One for the Protesters On Monday, a municipal judge threw out charges against demonstrators who were arrested on the opening day of the Republican National Convention after many of them laid down in the street at 15th and Market to protest the government funding of the notorious United States Army's School of the Americas in Ft. Benning, GA, which trains Latin American military in techniques of torture and oppression. The demonstrators' defense team successfully argued to dismiss the charges because the arrests constituted selective prosecution in violation of the Constitution, and submitted instances of other rallies and demonstrations where participants had their first amendment activities accommodated. One prime example the lawyers cited was the rambunctious behavior of Philadelphia Mummers on New Year's Day. While the judge did not refer to the Mummers in his decision to dismiss all charges against the five protesters, he did cite the glaring example of a rally held in South Philly the following day in support of Daniel Faulkner, the police officer whom Mumia Abu Jamal was convicted of killing, where traffic was blocked for three hours and the police made no effort to disperse the crowd — as well as the testimony of Thomas Cronin, president of District Council 47, whose union members routinely take their causes to the streets of Philadelphia. While not entered as evidence, there was a lot of reminiscing of other protest activities in the courtroom during the pre-trial hearings in front of Judge James DeLeon. While hearing the arguments to dismiss the charges, DeLeon remarked that he remembered "when the Mayor and his brother used to lead demonstrations against the housing authority in the late 1970s and '80s," as well as his own participation in political activities. Later, Karl Baker, who argued the selective prosecution motion, recalled arguing the same motion in defense of former councilman John Street and his brother, Milton, after they were arrested when demonstrators attempted to enter City Council chambers after being excluded by then Council President George X. Schwartz. Human rights activist Linda Panetta, whose arrest charges were dismissed on Monday, was relieved by the judge's opinion and hoped it would set a precedent for the other protesters. Defenders are also optimistic that the decision would favorably affect the 180 or so other cases headed for trial. Although the district attorney's spokesperson Cathie Abookire said that there has been "no decision made about an appeal," she said, "We evaluate each case on its own basis and will proceed with the rest of the cases." |
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