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Press Releases
R2K LEGAL COLLECTIVE PRESS RELEASE
FOR IMMEDIATE RELEASE: July 6, 2001
CONTACT: Kris Hermes, R2K Legal Collective (215) 925-6791;
Shawn Nolan, Defender Association (215) 557-4995
http://www.r2klegal.org
RNC PROTEST DEFENDANT ACQUITTED OF ALL CHARGES -- INCLUDING AGGRAVATED ASSAULT
Matt Musselwhite, an elementary school teacher from Tucson, Arizona, was
cleared of all charges today by a Philadelphia jury despite testimony by
three police officers. Musselwhite's original charges included Attempted
Murder and Aggravated Assault.
(Philadelphia, PA) Felony defendant Matthew Musselwhite, who was arrested
during the Republican National Convention (RNC) protests last summer, was
cleared of all charges today. Musselwhite was accused last August of
attempted murder and aggravated assault against Philadelphia police officer
John Livingston.
The charge of attempted murder was dropped at an earlier proceeding, and
this week's trial concerned the charge of Aggravated Assault and
Obstruction of Justice. The jury deliberated for less than thirty minutes
before deciding to acquit Musselwhite of all charges.
Musselwhite was defended by Shawn Nolan of the Philadelphia Defender
Association. Common Pleas Court Judge James A. Lineberger presided over the
trial. Because the prosecution's case was fraught with so many
inconsistencies, the defense rested without putting on any witnesses,
saying to the jury in closing arguments, "The prosecution has made our case
for us."
Musselwhite, a 25-year old school teacher from Tucson, Arizona, was accused
of attempting to throw a Philadelphia Police Officer in front of a moving
car. Police reports claimed that the police officer sustained a fractured
elbow from being pushed to the ground.
After Musselwhite was released from jail last summer on misdemeanors,
officials decided to increase his charges to include attempted murder and
two violent felony counts. When Musselwhite arrived home, he discovered
that his charges had been changed. The Philadelphia police, working with
other law enforcement agencies, initiated a nationwide 'manhunt' for
Musselwhite, harassing his relatives with stories that he was a "terrorist."
While staying in Ashland, Oregon last summer, Musselwhite continued to be
harassed by law enforcement. Local Ashland police published newspaper ads
seeking to detain Musselwhite, claiming he was "armed and dangerous." When
Musselwhite voluntarily returned to Philadelphia to face new charges, the
District Attorney dropped the charge of attempted murder.
Over 95% of the cases from the Republican Convention Protests have resulted
in acquittals. Forty-three protesters were originally charged with
felonies, and all but four of these cases have now been resolved. None of
the RNC protest defendants have been convicted of felonies at trial. In one
recent felony trial, Philadelphia Police Commissioner John Timoney
testified in an attempt to convict an activist of attacking a police
officer. The jury in that case acquitted the defendant of all charges.
In another case, Timoney has claimed that three young men assaulted him and
another officer. Common Please Court Judge Pamela Dembe threw out many of
their felonies in preliminary hearings, ruling that the charges were
excessive. The District Attorney has appealed that ruling in Pennsylvania
Superior Court -- pushing off a trial for at least a year.
Over three hundred people arrested during the RNC were charged with
misdemeanors. A majority of those defendants rejected plea bargains and
proceeded to trial in order to bring to light the police misconduct that
surrounded the arrests. The resulting acquittals have given credence to
protesters' claims of widespread police misconduct during the RNC arrests.
--030--
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