JUDGE SENTENCES 34 ANTI-GUANTANAMO PRISON ACTIVISTS
The curtain came down Friday evening, May 30, on a remarkable court case. After convicting 34 anti-torture activists on Thursday, D.C. Superior Court Judge Wendell Gardner was to sentence those arrested at the Supreme Court on January 11 and convicted of unlawful assemblage. Upon his orders, the defendants and supporters were not permitted to take any bags, food or drink into the courtroom. We had to leave our bags inside a witness room, despite the fact they had to pass through a metal detector upon entry into the courthouse. And of course, the marshals were out in force.
At the conclusion of the sentencing, twelve defendants were incarcerated from one to fifteen days. All defendants received a stay away order from the Supreme Court for one year and were expected to pay at least $50 in court fees. Those not incarcerated were given suspended jail sentences ranging from ten to thirty days and a year of probation. If incarcerated for more than one day, the defendants escaped being placed on probation.
It was proposed to the judge that only six defendants would give sentencing statements. Throughout the trial, Gardener had no understanding of the concept of community. So again he emphasized that each defendant must restrict her/his remarks and not speak for the others. Paul Magno stood up and informed him, “We are a community.” Gardner told him to sit down.
So each defendant spoke before being sentenced and stated her/his Guantanamo prisoner’s name for the last time. Ellen Davidson suggested that everyone be given the same sentence--time served, which was about 30 hours after arrest. She also informed the court of the abominable conditions the arrestees faced during incarceration, including the lack of food and water and the illness of some prisoners. The prosecutor Magdalena Acevedo blamed the victims, as she stated it was the defendants’ fault for refusing to provide the police with names and addresses.
Because Ellen did not have a prior arrest record, he gave her a sentence of ten days in jail suspended, $50 court costs, one year of unsupervised probation once the court costs are paid and a stay-away from the Supreme Court for one year. A ten-day jail sentence for a first conviction is harsh, but it follows a pattern by Superior Court judges which is intended to break the resistance movement.
Eve Tetaz had many prior arrests and convictions. While making her statement, she was cut off by an impatient judge. Before he reached into his grab bag for a sentence, Eve explained she would not accept probation or community service. Her life has been one of community service. She was given five days in jail, $50 court costs and the one-year stay-away order. By Sunday morning she was released. The judge did indicate that those who were incarcerated would get credit for the time already served.
Ed Kinane began his statement, but the judge said he had a two-minute limit. Ed said he had a First Amendment right to speak. When Magno stood up and waved his arms in protest, the marshals removed him from the courtroom. While he was being removed, he fell and Eve cried out from her jail cell assuming he was being mistreated. After his release from jail, he indicated he was not mistreated by the guards.
Ed continued by quoting Pastor Martin Niemoller: “In Germany first they came for the communists, but I didn’t speak out as I was not a communist…” If the courts do not stop the Bush-Cheney gang, Ed felt he could be next. The judge cut him off. He was given the same sentence as Ellen. However, later he would return to inform Gardner that he would not cooperate with probation. So he was taken away with a ten-day sentence. Why did he get ten-days, while Eve with a lengthier record got five days?
The judge recognized that Linda Letendre is scheduled to appear before him for a July 16 trial after a March 12 arrest in the gallery of the Senate. So he gave her a 30-day suspended sentence.
Ed Bloomer from Iowa got a ten-day suspended sentence, but Gardner told him he would be incarcerated for one day. He then told Mark Goldstone, the attorney advisor, to contact the D.C. Jail to inform the institution that the prisoner should be released today. This made no sense even to the marshals. Why take him into custody, when he will soon be released? It is the judge who contacts a jail to order the release of a prisoner, not an attorney.
Carmen Trotta urged the judge to consider justice and the law. He felt that the judge was impervious to their message. The president could declare anyone an enemy combatant. Commend us. It didn’t happen, and he was taken away for ten days.
Finally, the judge remembered it is obligatory to inform the convicted of their right to appeal. This is but one example of how confused he seemed at times. There was no consistency in the sentencing. Some people were given ten days suspended, others twenty days or thirty days. The prosecutor recommended 15 days suspended for Nancy Gowen, but she got 30 days suspended.
After Ed Bloomer paid the $50 court costs, he returned to the courtroom. But the judge did not remember him. Kirk Brown, also from Iowa, said he wanted the ten days which Chris Gaunt received. Bill Frankel-Streit, a Plowshares activist, said the sentencing was an attempt to quell dissent. He went away for ten days.
Ashley Casale, a student from Massachusetts wanted to know why he was judging the peaceful, and not the Bush administration. He responded, “You before me, they are not.”
Another Plowshares activist, Susan Crane, said the government is ignoring its responsibility to the Constitution. Thus the only reaction is to march in the streets. She was sent up river for 15 days.
Tom Feagley talked about his nephew wearing a Shut Down Guantanamo button to school. He closed by reciting two poems.
Art Laffin tried his best to engage the judge. “This action caused me to meet you and the prosecutor. Maybe we could go to lunch.” He and Malachy Kilbride got 30 days in jail with all but one day suspended.
Brian Terrell talked about watching the video at the Supreme Court which acknowledged the unjust ruling in the Dred Scott case. The decision that slaves did not have rights is similar to today’s denial of habeas corpus for the Gitmo detainees. Brian asked the court to imagine someone unfurling a banner at that time to condemn the Dred Scott decision. Today, he suggested they would be acknowledged as heroes. He became the third Iowan sentenced to ten days.
The last to be called up for sentencing was Paul Magno. Mark Goldstone had visited him in the lock-up and ascertained he would be cooperative during sentencing. Remarkably, Paul only received a two-day jail sentence. Late Friday evening, Bloomer, Kilbride, Laffin and Magno were released.
After the sentencings, the Witness Against Torture community was already contemplating future acts of resistance. As reports of the trial made their way across the country, the people were thanking the Supreme Court 35 for speaking a whole lot of truth to power. For example, John Hutson, retired United States Navy, rear admiral, had this comment: “In the military, there is the concept of ‘calling in artillery onto your own position.’ It refers to heroic action taken in desperate situations for a greater good. That's essentially what these 35 courageous Americans are doing by their actions. They accept that there may be an adverse consequence to them personally but they believe drawing attention to the issue is worth the sacrifice.”
Another Navy veteran concurred: “Let me, first of all, express my appreciation for you, your organization, and the causes you espouse. I, too, have long felt that Guantanamo should be closed and we quite clearly share the same views about cruelty. Having often had occasion to wonder why the American public was not more offended and vocal by Guantanamo and our policy of cruelty, I can only feel admiration for your conviction and activism.” This came from Alberto J. Mora recently retired General Counsel of the U.S. Navy.
I and nine others are scheduled for a jury trial on July 16 with Wendell Gardner presiding. We are the Ghosts of the Iraq War who spoke out in the gallery of the Senate on March 12. After observing Judge Gardner for four days, I cannot imagine he would be able to give us a fair trial. Our group will consider the possibility of seeking another judge.
On the day following the sentencing, I went to see the documentary THE SINGING REVOLUTION by James and Maureen Tusty. It is the tragic story of the people of Estonia who triumphed through nonviolent struggle to shake off the yoke of Soviet occupation. The Estonians used nonviolent direct action against one of the most powerful armies in the world. Like any struggle, there were only a handful of people willing to speak out. Of course, the occupiers imprisoned these remarkable individuals. Nevertheless, after serving their sentences, they resumed their dissident behavior. Over many years, more people gained the courage to dissent. Eventually, hundreds of thousands joined the movement. Most of the revolutionary activity was the singing of nationalist songs. Today, Estonia is free.
Will more people be emboldened by the Witness Against Torture resistance? If so, will a growing movement be enough to close the concentration camp at Guantanamo Bay ? Will it happen before January 11, 2009, the seventh anniversary of the opening of the gulag? If not, I suspect the anniversary will be another of day of resistance against confinement, torture and undue process.
Max Obuszewski was arrested inside the Supreme Court on January 11, 2008, but my case was dismissed before trial.
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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
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