JUDGE REJECTS MOTION FOR JUDGMENT OF ACQUITTAL IN GITMO TRIAL

JUDGE REJECTS MOTION FOR JUDGMENT OF ACQUITTAL IN GITMO TRIAL

The trial of thirty-four anti-torture prisoners before Judge Wendell Gardner in Superior Court of the District of Columbia completed its second day on May 28. At the close of the first day, the defense was arguing a motion for judgment of acquittal. On Wednesday, though, the defendants decided not to press forward with further arguments.

The government then began to present nine police witnesses who were involved in the arrests inside the Supreme Court on January 11. The prosecutor followed a pattern. A photograph of a defendant would be shown to the witness, and the officer would then try to find the person inside the courtroom. The police witnesses were unable to correctly identify Paki Wieland and Bill Frankel-Streit. The defense objected to all photographs being entered into evidence, as the prosecution operates on the theory if you were arrested, you were guilty.

Each police witness would describe where they were posted in the Supreme Court and what his response was once the protest began. Several witnesses indicated it was extremely loud during the protest. Privately, the defendants indicated that the loud chanting did not begin until people were under arrest. Almost all of the testimony by the witnesses related to post-arrest activity. There was almost no testimony specific to a particular defendant that addressed either charge. Again the prosecutor was operating on the belief that if you wore a Close Down Guantanamo tee shirt or an orange jumpsuit, you violated the statute against “assemblages in the Supreme Court Building or grounds.”

There was a bit of humor from Officer Eric Menke who saw Joe Morton in the bathroom removing his clothes in order to put on a jumpsuit. He told the defendant that he must leave as the jumpsuit was not allowed in the building. However, he could not testify as to what Joe did to be arrested.

A witness might testify that a defendant was kneeling. However, it was the police who told the defendants to kneel while in custody in the Great Hall. Just before resting the government’s case, Assistant U.S. Attorney Magdalena Acevedo dismissed the “objectionable language” charge against the two defendants still facing a second offense.

Maria Allwine then argued a motion for judgment of acquittal. She pointed out that the officers failed to correctly identify at least two, but possibly three defendants. She then read the “unlawful assemblage” statute and dutifully explained that the government failed to present evidence to convict any of the 34 defendants. The motion was denied. First, the judge felt it was unimportant that a witness was unable to identify some of the defendants in court. Then he added there was evidence that the demonstration was organized and that the defendants were wearing shirts which contained a political message.

Sherrill Hogen and Jerry Breen presented opening statements. Both defendants informed the court that the defense had a moral, legal and Constitutional reason to be at the Supreme Court. The U.S. government was violating the rights of the prisoners at Guantanamo , so it was imperative to implore the court to issue a ruling that the detainees must be given due process. It was pointed out that a letter sent by the defendants urging the Supreme Court justices to rule in favor of due process was never answered. So the defendants brought letters on January 11 so they could be hand-delivered to each justice.

Two defendants arrested outside then testified. Tarek Kauff is a veteran who took an oath to uphold the U.S. Constitution. Since the government was violating the Constitution, he had to ascend the steps of the Supreme Court. Tim Nolan, a nurse practitioner, discovered that medical personnel were involved in the torture of prisoners at the U.S. base in Cuba . That breach of medical ethics caused him to be there on January 11. By testifying, both defendants incriminated themselves.

Based on the judge’s comments, despite the paucity of evidence, I suspect most if not all of the defendants will be found guilty. At 4:30 PM, Judge Wendell Gardner ended the case for the day. The trial would resume on May 29 in Courtroom 218 at 10:30 AM.

Max Obuszewski was arrested inside the Supreme Court, but his charges were dismissed.

Donations can be sent to the Baltimore Nonviolence Center , 325 E. 25th St. , Baltimore , MD 21218 . Ph: 410-366-1637; Email: mobuszewski [at] verizon.net

"The master class has always declared the wars; the subject class has always fought the battles. The master class has had all to gain and nothing to lose, while the subject class has had nothing to gain and everything to lose--especially their lives." Eugene Victor Debs