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Kate Sorensen Acquitted of Three Felony Charges, Convicted of Misdemeanor 03/13/01 - posted by Shon Meckfessel - Philly Independent Media Center The first felony trial related to the 420 arrests made during the Republican National Convention protests concluded today with the jury's conviction of Kate Sorensen on a misdemeanor count of criminal mischief. In what Defense Attorney Lawrence Krasner termed a "strong partial victory," Sorensen was found not guilty of three felony charges: Conspiracy, Risking a Catastrophe, and Riot. The status of the fourth charge was reduced to a misdemeanor, as the damage incurred by the crowd Sorensen allegedly "led" amounted to $1,800, well under the $5000 minimum for felony status. Compared to Sorensen's initial bail of one million dollars and twenty charges, of which ten were felonies, the ruling came as a relief to some. But many, including Sorensen and Krasner, remained indignant about the trial's outcome. "The timing is suggestive that a compromise was made," said Krasner. The jury's ruling came only minutes before the trial adjourned for the day, after which the jury would inconveniently be obliged to return were a unanimous decision not reached. The ruling struck Krasner as especially inconsistent since no witness actually claimed Sorensen participated in any sort of criminal mischief. Her alleged planning and direction of illegal activities would instead have fallen under the Conspiracy charge, of which the jury agreed Sorensen was innocent. Sorensen herself expressed frustration with the ruling, and with the entire legal process that has claimed much of her life for the past eight months. "The city was willing to give me 20 years for $1,800 worth of damage [incurred] while I was nowhere near, that I had nothing to do with, with no evidence behind their charge. That's not justice." But she made clear that nothing will dissuade her from continuing to organize as an AIDS activist in ACT-UP Philadelphia. She emphatically expressed her solidarity with the international protests in favor of generic AIDS drug access in South Africa, which she was unable to attend due to her trial. Sorensen strongly feels that she has been targeted because of her 15 years as an effective organizer. Records substantiate her having been closely followed by the FBI since her participation in a Ruckus Spring Break camp last spring. Julie Davids, a fellow longtime ACT-UP Philadelphia organizer, says "the harassment and targeting [of Sorensen] are part of the national crackdown on the growing movement for social justice." Speaking of the charges, Krasner affirmed that "it is very clearly drastic overcharging for a political purpose." As over 90% of the cases from the Republican Convention protests have resulted in acquittals, the vacuity of the charges is obvious. The courts, however, are far from dropping the remaining cases. The trial was rife with questionable proceedings. All four witnesses for the prosecution claimed to have been undercover officers trailing Sorensen over the course of August 1, yet their testimonies revealed inconsistencies and evidence of coaching. One of the officers, Nicolas Gerace, who had only filed his report a day before the trial's commencement and had never attended a preliminary hearing, claimed Sorensen was "stirring everybody up" and "pushing people toward police." He testified that she had approached him and asked, "Do you need help? Do you need legal?" While all four officers repeated these words and the description nearly verbatim, Gerace swore that she had only approached him, and not the others. In accordance with District Attorney David Desiderio's claim that the crowd of 700 "acted as one well-oiled machine," the witnesses rested their testimony on claims that "Miss Sorensen's crowd" moved only under her constant direction. Detective Albert Ford testified that "Sorensen yelled stop and the entire crowd stopped," and that "wherever she went, they followed her," much in contradiction with the obviously chaotic nature of the day's protests revealed in police footage. Ford even revealed during cross examination that "everyone was running off doing their own thing," then caught himself and added "inside this group. [i.e. of Sorensen's direction.]" In Gerace's words "it was utter chaos out there." Officer Kevin Hunte testified that the crowd was "out of control," but somehow acted "in unison" when Sorensen allegedly ordered, "Take that corner!" The witnesses for the defense testified to knowing an entirely different Kate Sorensen. Henry Nicholas, national president of 1199C Hospital and Health Care Workers Union, representing 17,000 members, aid to Martin Luther King Jr., participant in every mass protest for the last four decades, and employer and self-proclaimed "mentor" of Sorensen, effused pride when speaking of her. "If you told me my sister was involved [in such activities,] I would find serious objection." He then expressed great respect for her "as a civil rights leader." When Desiderio attempted to implicate both Nicholas and Sorensen in the illegal activities which occurred at the August 1 protest, Judge Pamela Dembe reminded the DA that "A protest isn't like a wedding, where there is an invitation list." The defense then called a series of witnesses who accounted for Sorensen's role in the day's activities. Christi Balka, executive director of Bread and Roses, explained the funding her organization granted to the R2K network for cellular phones such as those Sorensen was using before her arrest. Sorensen and others used the phones to coordinate medical care, public safety, and legal aid efforts during the protests. This purpose was confirmed by the testimony of Blare Piraneo, who testified that Sorensen had saved her when she was caught between two police horses. Kimberly Habel, a former roommate of Sorensen who accompanied her before the arrest, explained that Sorensen had not been giving instructions to the protestors, but recommending that they clear a certain area as it became dangerous. Amadee Braxton, who worked with Sorensen in the Philadelphia Direct Action Group, clarified the guidelines set for the events. She said these guidelines explicitly excluded any sort of violence or property destruction. Sorensen's examination and cross-examination lasted nearly two hours. She first explained that while she had organized a march for universal health care two days previously, she was involved in the protests of August 1 only as a public safety monitor. She viewed her role as providing information and de-escalating tension, though when a confrontation ensued at 18tth and Vine streets, she did not think it "very effective to stand in front of several hundred people and say, 'Stop, you are being rowdy.' " She denied possessing the gas mask that police testified she had. It did not appear on her property list from jail. She explained her photographing of damage and her use of an alias when arrested as standard protest procedure. Desiderio tried again and again to establish Sorensen's role as a ringleader during the cross-examination, attempting to make the defendant confess her "plan of attack" and even say that she was "the only one in contact with a central leadership." Sorensen repeatedly denied any such role, explaining that she disseminated information while leaving all participants to make their own decisions. The judge finally had to interrupt the prosecution's interrogation by saying, "Isn't your question assuming a hierarchy of responsibility?" After his search for conspiracy failed, Desiderio exclaimed, "You can't have a thousand people thinking in a thousand different directions!" and ended his cross-examination. Krasner's closing argument compared Sorensen to William Penn (the Quaker social activist founder of Philadelphia). Desiderio's railed against people who come from out of town to "cause mayhem in the city". Sorenson has lived in West Philadelphia for years. The prosecutor also cited testimony that no one had given, and reasoned that the police couldn't have lied, since "they could have made the story a lot better." He apologized for the total lack of video evidence by claiming "you can't train a camera on someone you're following because you'll blow your cover." He called the $1800 of damage "mass destruction." "Now it's time to pay," he threatened. The vehement but absurd argument concluded with a fist-pounding, "Not in this city!" The jury deliberated for five hours before delivering the verdict. Krasner said it was "very likely" they would appeal the ruling. Kate's sentencing is scheduled for May 2. Ten people with felony cases related to the Republican Convention are still awaiting trial. Matt Berghs, charged with felony assault on a police officer, begins his trial Wednesday, March 14. For more information or to find out how you can help, call the R2K Legal Office at (215) 925-6791, or email at r2klegal@critpath.org, visit the website at r2klegal.org. |
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