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 Press Releases R2K LEGAL COLLECTIVE PRESS RELEASE FOR IMMEDIATE RELEASE: January 16, 2001 CONTACT: Kris Hermes, R2K Legal (215) 925-6791; Bradley Bridge, Defender Association (215) 557-4960; Danielle Redden, R2K Defendant (215) 474-6459 http://www.r2klegal.org BIASED JUDGE REFUSES TO RELINQUISH RNC CASES GOP PROTEST DEFENDANTS ACCUSE JUDGE OF PLANNING TO HOLD THEM IN JAIL THROUGHOUT CONVENTION (Philadelphia, PA) Municipal Court Judge Seamus McCaffery, slated to hear the remaining group trials for Republican National Convention (RNC) defendants, was challenged in court today on his obvious bias against those exercising their right to dissent. McCaffery denied a motion to recuse himself from the remaining RNC cases today and refused to hear testimony from Kevin Vaughan, the Regional Director for the federal Department of Health & Human Services. Vaughan was a co-panelist with McCaffery in a class session held for University of Pennsylvania students at Children's Hospital of Philadelphia on July 19th, 2000, a few days prior to the RNC. According to Vaughan, Director of the Philadelphia Human Relations Commission at the time, McCaffery made comments that clearly showed his bias. The motions were filed by Public Defender Association attorneys and by two pro se RNC defendants. Bradley Bridge, Meg Flores, and Shawn Nolan argued on behalf of the Defenders Association. Mark Rifkin and Danielle Redden, two RNC defendants representing themselves, argued additional bases in a separate recusal motion. Due to McCaffery's refusal to hear testimony, Vaughan was unable to comment in court today. "The irony is that a judge, accused of being partial and unfair," says pro se defendant Rifkin "is unwilling to hear from witnesses or address evidence brought out by a hearing." The Defenders Association's motion states, "McCaffery was reported to have said that the judges had met and that they had a plan on how to handle the protesters during the upcoming Convention. Their plan was to hold any arrested protesters in jail for at least three days until the convention was over, essentially to incapacitate them. When told that this was illegal, Judge McCaffery reportedly said that it was legal, that the judges had the power and that they were going to use it." The two RNC defendants, in a supplemental motion, argued that McCaffery should remove himself for reasons besides his statements made at the Children's Hospital. McCaffery is an ex-police officer and a member and continuing supporter of the Fraternal Order of Police. Common Pleas Judge Gary Glazer criticized him in a recent case for signing a search warrant at an FOP meeting, describing McCaffery's actions as "totally inappropriate" and a "judicial problem." Minutes of his behavior during an RNC case were published on January 14, 2000, in the Philadelphia Inquirer that publicly revealed his partiality and pro-police bias. This is especially problematic given that the demonstrators were protesting on August 1st against police misconduct, the death penalty, and the incarceration of Mumia Abu Jamal. McCaffery was a police officer when officer Daniel Faulkner was killed and last year McCaffery was the grand marshal of a Faulkner benefit rally. The defendants' motion argued that his strong connection with those who fervently call for the execution of Faulkner's accused killer, Mumia Abu Jamal, shows at least an appearance of partiality. Pro se defendants argued that this issue combined with McCaffery's outspoken support of Faulkner merits recusal. "McCaffery's current involvement with the Fraternal Order of Police and his history as a Philadelphia police officer makes him highly partial," states pro se defendant Danielle Redden, "Much of our defense rests on the messages we were attempting to convey during the Convention, including an end to police brutality and the death penalty, and freedom for Mumia Abu Jamal. We feel that McCaffery cannot objectively rule on these type of proceedings." "This blatant display of impropriety today within the justice system," exclaims defendant Brooke Lehman "is exactly why we were in the streets on August 1st railing against these types of injustices." --030-- |
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