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Press Releases R2K LEGAL COLLECTIVE PRESS RELEASE FOR IMMEDIATE RELEASE: December 7, 2000 CONTACT: Kris Hermes, R2K Legal (215) 925-6791 http://www.r2klegal.org THIRTY-ONE RNC ACTIVISTS CLEARED OF ALL CHARGES Puppetistas arrested in the raid on the puppet warehouse during the Republican Convention this summer were vindicated in their claims of unjust arrest and detainment. Simultaneously, C. Clark Kissinger, an activist fighting to stop the execution of Mumia Abu-Jamal, is sentenced to ninety days in jail for speaking out during the RNC protests on August 1st, 2000 (Philadelphia, PA) Charges against thirty-one people arrested at the puppet warehouse raid during the Republican National Convention (RNC) were thrown out today. Undercover state troopers failed to positively identify any activists as being involved in illegal activity. These protesters, the first of two groups of defendants arrested at the warehouse, were prepared to go to trial next week. The failure of state troopers, acting as "intelligence" agents, to prove anyone was involved in illegal activity, substantiated activists' claims of unjust arrests and detainment. At the same time protesters arrested in the warehouse were being vindicated, the assault on free speech continued. C. Clark Kissinger, one of the principal leaders in the growing international movement to stop the execution of Mumia Abu-Jamal, was sentenced yesterday to ninety days in federal prison. Kissinger was speaking out against the death penalty at a permitted rally on August 1st during the RNC protests. The puppetistas, those activists arrested in the puppet warehouse, are standing in solidarity with Kissinger by continuing to fight against the incarceration and execution of people of color and the poor in this country. "Clark is being unjustly jailed, just as those of us arrested in the puppet warehouse were unjustly jailed," says Robert Kamzelski, an activist who was cleared of charges today. "Although it is a great victory for our cases to be dismissed, we have not won until the police and district attorney cease their persecution of those that speak out against the criminal ‘injustice' system." Kissinger was originally charged with violating the terms of his probation which had been set as a result of a minor charge: "failure to obey a lawful order," during a demonstration at the Liberty Bell last year. As a result of Kissinger, and six others, pleading "not guilty" and demanding a trial last April, they were sentenced to one year of probation. On August 1, 2000, Clark defied the travel restrictions, imposed by his probation, to go to Philadelphia from his home in New York City and speak out against the death penalty. Ron Kuby and Andrew Erba, Kissinger's attorneys, immediately filed notice to appeal the sentence, and filed a motion to stay the sentence. Sometime in the next few days, state troopers will again attempt to identify, by police line-up and photographic array, more of those allegedly engaged in illegal activity. This second group of twenty-nine people arrested in the warehouse is scheduled to go to trial Friday, December 15. Last week, R2K lawyers argued a series of significant motions to dismiss charges for those arrested in both the puppet warehouse and the van driven by an undercover state trooper (see backgrounder sheet). --More-- BACKGROUNDER ON R2K MOTIONS TO DISMISS CHARGES Lawyers argued last week for the dismissal of cases for over seventy of the demonstrators arrested during the Republican National Convention (RNC). The motions were argued on behalf of demonstrators arrested in the puppet warehouse or in the van that left the warehouse for Center City Philadelphia. On August 1, police surrounded a puppet-making warehouse in West Philadelphia, and seventy-nine people were arrested. The warehouse was filled with puppets and signs that were to be used by demonstrators to protest the criminal justice system during the RNC. The signs were removed from the warehouse and destroyed in trash compactors as the puppet-makers were taken to jail. After R2K lawyers argued in front of Municipal Court Judge James DeLeon that the cases should have been dismissed due to police misconduct and civil rights violations, charges were ironically dropped for most of the defendants due to lack of identification. Defense lawyers argued for dismissal of charges due to the illegal destruction of exculpatory evidence, the prior restraint of free speech, the police involvement in "illegal" activities, and the unconstitutional vagueness of the alleged crimes. PRIOR RESTRAINT OF FREE SPEECH The arrests were an unconstitutional prior restraint of free speech because police arrested people intending to engage in First Amendment activity before anyone held up a sign or banner, or even uttered a word. The motion covered people arrested in the warehouse and people arrested in the van that was stopped on its way to Center City Philadelphia. "The police acted illegally," claims puppet warehouse defendant Robert Kamzelski, "by destroying our one hundred thirty-eight skeletons that represent the people executed by Governor Bush." Kamzelski also argued that, "They destroyed my sign that said ‘Two million people will sleep behind bars tonight,' and then I was held in jail for days." Since people who were doing nothing illegal were swept up in the raid without probable cause, Judge DeLeon commented to the Assistant District Attorney Trevan Borum "You can't just arrest them all and sort it out later!" POLICE INVOLVEMENT IN "ILLEGAL" ACTIVITIES It was the Defense's claim that law enforcement engaged in "outrageous police misconduct" by involving themselves in infiltration and alleged illegal activity. Pennsylvania State Police deny being directed by Philadelphia police, which would breach the city's policy against investigating activist groups. However State Trooper Harry Keffer testified that he received orders from a central "command post" where federal, state, and local police staged their attacks on demonstrators around the city. These admissions follow revelations that the FBI had been investigating RNC activists for months prior to the RNC, as revealed by FBI documents turned over to the defense in several of the cases. Keffer worked undercover in the warehouse leading up to August 1. He testified there were at least four other state troopers in the warehouse, and that other under cover officers were arrested around Center City on August 1. The state has refused to turn over the identities of all of the infiltrators, claiming that the information would endanger the undercover officers. "Even if police manage to conceal all of their activities by hiding behind these excuses," says puppetista defendant Rebecca Tennison, "they still overreacted and used tactics that are forbidden by police in the city of Philadelphia." "POSSESSION OF AN INSTRUMENT OF CRIME" IS A VAGUE STATUTE R2K lawyers argued against the charge of "possession of an instrument of crime" claiming the law is unconstitutionally vague and overreaching. Lock boxes, the instrument for which the charges were levied, are not necessarily tools for committing crimes. The intent was to use the devices in a peaceful manner by bringing attention to the free speech of the demonstrators. Locks boxes can de-escalate conflict, and create a peaceful interaction between protesters and police, by focusing attention on an inanimate object. DESTRUCTION OF EXCULPATORY EVIDENCE The motion to dismiss charges due to destruction of exculpatory evidence was based on the fact that the city of Philadelphia confiscated and then destroyed puppets, banners, signs and written material as well as the belongings of those arrested. On August 1, after police took certain items from the warehouse, Philadelphia's Department of Licensing and Inspection, working closely with the Philadelphia Police Department, made history by literally crushing people's First Amendment right to free speech. MOTIONS DENIED Although arguments presented by R2K lawyers showed clear, indisputable violations of civil rights, Judge DeLeon denied all motions. However, DeLeon did dismiss the charge of "Possession of an Instrument of Crime," against everyone involved in the warehouse case. His ruling was based on "equitable relief" and was granted in fairness to the defense based on facts disclosed during the hearings. "Judge DeLeon's decision is consistent with the behavior of the city of Philadelphia since August 1st" says Marina Sitrin of the R2K Legal Collective, "in actively denying people's rights to speech, assembly and expressing dissent freely." --030-- |
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