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Press Releases R2K LEGAL COLLECTIVE PRESS RELEASE FOR IMMEDIATE RELEASE: November 2, 2000 CONTACT: Kris Hermes, R2K Legal Collective 215.925.6791 http://www.r2klegal.org PROOF THAT RNC PROTESTORS WERE OVERCHARGED: NUMEROUS DISMISSALS AFTER ONLY A WEEK OF TRIALS An argument, made by R2K lawyers, for selective prosecution sets precedent for all defendants as School of the Americas Watch activists' cases are dismissed. Others are acquitted and discharged due to lack of evidence as the first of many group trials take place. (Philadelphia, PA) Group trials began this Wednesday, November 1 for the protestors arrested during the Republican National Convention (RNC) in Philadelphia this summer. There has been a clear victory for the activists this past week as over ten defendants were cleared of all charges due to dismissals, acquittals, or lack of evidence. Of the four co-defendants in court Wednesday, two had their cases withdrawn by the prosecution for lack of evidence. Municipal Court Judge Lydia Kirkland acquitted the other two cases when no eyewitness could be found. "Hopefully this will help to illustrate how unjustly the police and District Attorney's office act on a regular basis here in Philadelphia" stated Laura McTighe, one of the acquitted protestors who is a member of ACT UP Philadelphia and an anti-death penalty advocate. Today, the District Attorney's office unsuccessfully attempted to reinstate felony charges for a handful of RNC defendants. Common Pleas Judge Pamela Dembe had thrown the felony charges out several weeks ago. This victory illustrates the level of baseless overcharging against those people facing felony charges. In another victory, Municipal Court Judge James M. DeLeon ruled on Monday that RNC protesters were unfairly targeted because of their message. R2K lawyers argued and won a motion of selective prosecution, arguing that protestors were treated differently than others expressing free speech both historically and on August 1, the day that mass arrests occurred. Judge DeLeon ruled in favor of the defense, vindicating R2K's argument. Karl Baker, an R2K lawyer pointed out the most obvious case of selective treatment: On August 1 there was a demonstration in South Philadelphia calling for the immediate execution of Mumia Abu Jamal, where hundreds of people blocked the streets for at least three hours with no arrests made. Meanwhile, on the other side of the city, those protesting for the freedom of Mumia and against the criminal "injustice" system were beaten by police and arrested en masse. Baker also argued that, historically, events involving demonstrating or street theater result in no arrests at all or summary charges at most. Defense witness Thomas Paine Cronin, President of American Federation of State, County and Municipal Employees (AFSCME) District Council 47, a local union, stated that during labor demonstrations, "we often block the streets while police stand by and redirect traffic." DeLeon's selective prosecution ruling resulted in the dismissal of five cases for activists from the organization School of the Americas Watch. "I thought those people were extremely peaceful," stated DeLeon after issuing his written opinion. "A precedent has now been set for the hundreds of cases yet to be tried," said Kris Hermes of the R2K Legal Collective. "It is clear from the level of over-charging and unusual bail levels that the City of Philadelphia favors one type of speech over another." In a strong show of support last week, just prior to the initiation of trials, multiple letters from community leadership were delivered to Philadelphia Mayor John Street and District Attorney Lynne Abraham. Support came from members of US Congress, local clergy and labor, as well as over eighty local and national civil and human rights organizations. Congressional Black Caucus Member Cynthia McKinney (D-GA) was joined by Ranking Member of the House Judiciary Committee, John Conyers (D-MI), in a call to drop all charges against the RNC protestors, and to "urge the city of Philadelphia to end its campaign to cast non-violent, peaceful protestors as violent criminals." Despite strong community support, District Attorney Lynne Abraham has been unwilling to meet with the R2K legal team to negotiate a settlement. When supporters attempted to deliver the letters calling for the dropping of charges, they were denied entry by a phalanx of at least ten security guards lining the steps outside the DA's office. Only after the intervention by a Philadelphia City Council Member were the letters able to be delivered. BACKGROUNDER TRIALS CONTINUE AS DISTRICT ATTORNEY SPENDS CITY MONEY ON GROUNDLESS CLAIMS As the Philadelphia Courts rule that protestors did in fact engage in peaceful, non-violent protest, the city continues to pursue prosecutorial action against hundreds of people. Many think that the city is wasting its money on the fruitless endeavor to criminalize dissent. "The city already went way over-budget on the convention, and these ridiculous trials will add thousands if not millions of dollars to the cost of turning our city over to the Republicans," says Mark Rifkin, a graduate student at the University of Pennsylvania who was arrested on August 1 and was in jail for 10 days. "The city needs to spend its money on real issues affordable housing, health care, and education not persecuting activists." CLAIMS OF MULTIPLE CIVIL LIBERTY VIOLATIONS AGAINST ACTIVISTS: POLICE STAKED OUT, INFILTRATED ACTIVIST HOMES AND MEETINGS; There is comprehensive proof that, prior to the actions, police surveilled activists' houses and meetings, infiltrated activist groups, and interrogated people about their plans for the Convention. However, because criminal cases are pending, much of this information cannot be discussed publicly. Acting on information obtained through illegal infiltration, police targeted specific activists for pre-emptive arrests. On August 1, police surrounded a puppet-making warehouse and arrested everyone inside, altogether over 70 activists who had been making signs and puppets for the demonstrations. The message that would have been communicated, a First Amendment right, was confiscated and later destroyed by law enforcement. Protestors faced what may be the highest bails in history for misdemeanor charges. While a handful of people had bails as high as $500,000 and $1,000,000, the majority of bails ranged from $10,000 to $50,000 still outstandingly high for misdemeanor charges. Protestors also face multiple charges. Instead of the customary citation for blocking a highway, protestors are facing as many as twelve charges apiece, including conspiracy. Many charges are obviously false; for example, people arrested in the puppet warehouse are charged with obstructing a highway. Several dozen protestors, as well as bystanders, were singled out for felony charges, many for felony assault on police. Such charges can bring decades-long jail sentences. The vast majority of these charges, if not all of them, are trumped up efforts by police to cover up their own violent acts toward protestors. Activists who set out to protest the criminal justice system experienced first-hand some of the routine cruelty perpetrated by that system. Arrested protestors were denied food, water, and urgent medical needs. They were dragged, kicked, punched, and handcuffed so tightly as to cut off circulation. Some people were held for over 100 hours without being arraigned. WHY WERE ACTIVISTS ON THE STREETS AUGUST 1? The atrocities of the criminal justice system are numerous. People were on the streets August 1 in Philadelphia to call attention not only to the track record of Candidate George W. Bush on issues like state sanctioned executions, but on a wide variety of dysfunction within a system that has not fared any better under Democrat or Republican leadership. The August 1 Coalition, a group of activists engaging in non-violent direct action, called for the following systemic changes: Freedom for Mumia Abu Jamal and all political prisoners; abolition of the Prison Industrial Complex; abolition of the death penalty; an end to police violence; and an end to the corporate war on the poor. Nearly two million people are incarcerated in the US. That's more than any other industrialized nation, and one quarter of the entire planet's prison population. In 1995, black men were seven times more likely than white men to be imprisoned, and still make up 47% of state and federal inmates. --030-- |
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