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Press Releases R2K LEGAL COLLECTIVE PRESS RELEASE FOR IMMEDIATE RELEASE: March 15, 2001 CONTACT: Kris Hermes, R2K Legal Collective (215) 925-6791; Shawn Nolan, Defender Association (215) 557-4995 http://www.r2klegal.org SECOND RNC FELONY DEFENDANT ACQUITTED OF ALL CHARGES Matthew Berghs, a 19-year old activist from Bloomington, Indiana, was cleared of all charges today by a jury despite testimony by Philadelphia Police Commissioner John Timoney. Berghs was charged with Aggravated Assault and three misdemeanors. (Philadelphia, PA) Matthew Berghs, who came to Philadelphia during the Republican National Convention (RNC) to protest the corporate takeover of politics and the flawed criminal justice system, was cleared by a jury of all charges today in the second RNC felony trial to occur since August. Philadelphia Police Commissioner John Timoney testified as a surprise witness to the incident. Berghs, who describes himself as a pacifist, was charged with aggravated assault, a felony, and misdemeanors simple assault, obstruction of justice, and recklessly endangering another person. He was held in jail for three days on $50,000 bail. Berghs was defended by Shawn Nolan of the Philadelphia Defender Association. Common Pleas Judge John Young presided over the jury trial. It was revealed during the two-day trial that Matthew Berghs was the victim of police brutality. Nolan showed the jury photographs of five-day old bruises and scrapes that showed Berghs had been beaten by police officers. Both the arresting officer and Commissioner Timoney denied there was violence during the arrest. Berghs, a slight 19-year old activist and Indiana University student, was accused of hitting Philadelphia police officer Thomas Donahue with a seven-foot bamboo stick. The prosecution was unable to supply fingerprint evidence to support their claims and relied solely on eyewitness testimony from the officer and the commissioner. Timoney testified under oath on behalf of officer Donahue, claiming he witnessed the entire incident, but he was unable to convince the twelve-person jury that Berghs was guilty of anything. Berghs and witnesses for the defense testified that officers were acting violently in Center City that day. Berghs testified that he was apprehended from behind with an officer's billy club, and he was hit several times about the head, upper body, and legs. He was then thrown to the ground and sustained multiple injuries, some of which still afflict him. "Timoney attempted to cover up police brutality in this case," says Christian Hansen of the R2K Legal Collective "by discounting Berghs' injuries as minor bruises sustained during a day of chaos and street scuffles." Commissioner Timoney himself claimed he was assaulted by protesters during events stemming from last summer's RNC protests. However, on October 12, 2000, Common Pleas Judge Pamela Dembe discharged many of the felonies associated with that incident, including the ones involving Commissioner Timoney. "I'm really happy with the verdict," says acquitted defendant Matthew Berghs. "I'm glad the people of Philadelphia could see through the police officers' lies. Hopefully my case will set a precedent for future RNC felony trials and other juries will be as inclined to see the truth." "I've known from the first time I met Matt that he was innocent," says Berghs' lawyer Shawn Nolan. "I'm thrilled that the jury supported Matt and understood the facts in this case." There are nine RNC felony defendants still awaiting trial. --030-- |
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