National Campaign for Nonviolent Resistance
Year 2008 Report on Resistance Against
Thanks to all of you who were able to risk arrest or to support such protests against the occupation of
DECEMBER 2008
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15—[WDC] Superior Court of the District of Columbia Judge Robert Morin sentenced five Ghosts of the Iraq War, Ellen Barfield, Tim Chadwick, Max Obuszewski, Manijeh Saba and Eve Tetaz, to one day in jail, which was suspended, and a payment of $50 to the Victims of Violent Crimes Fund. On Oct. 24, a jury found the other five Ghosts of the Iraq War not guilty. Before sentencing, Morin scheduled a post-verdict hearing on Nov. 7, since the government failed to provide in a timely manner all discovery, including a purloined email written by Obuszewski.
. At the hearing, Eric Orsini of the U.S. Capitol Police testified he found Obuszewski’s email on Protest.net. This was untrue, but Morin accepted his testimony and rejected the defendants’ motion for dismissal. The ten ghosts were arrested in the gallery of the U.S. Senate on Mar. 12 and charged with disorderly conduct/disruptive conduct, which carries a possible sentence of six months in jail and/or a $500 fine.
10—[Salem, OR] Gov. Ted Kulongoski finally spoke with Michelle Darr who received two trespass citations while praying and fasting round the clock outside Oregon’s Capitol building for more than two weeks. On Nov. 14, she was first arrested during her protest designed to get a meeting with the governor to discuss the deployment of 3,500 members of the National Guard to a war zone. When she returned to the steps, she received a second citation for trespass.
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NOVEMBER
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26—[Anchorage, AK] Don Muller, from Sitka, lost his appeal of a conviction for trespassing related to a Feb. 20, 2007 demonstration at the
Muller went to trial on Apr. 20, 2007 and a jury found him guilty. The judge sentenced him to a $1000 fine, 3 years probation and either 120 hours of community service or 90 days in jail with 75 suspended. Don told the judge that his efforts to stop the war were examples of community service and chose a jail sentence. He served eight days in the
In the Court of Appeals opinion, the court rejected Muller's claim that the judge erred in his instructions to the jury, because Muller did not raise any objection at the time. The appeals court also decided that the necessity defense should never have been allowed. A necessity defense "cannot be raised if the human harm sought to be avoided is a legal act" the opinion says, and "a protest aimed at political change does not generally present the type of emergency situation that entitles a defendant to a necessity defense."
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24—[Olympia, WA] Today was the last date in the arraignment of protesters arrested on Nov. 13, 2007 who were recently charged with attempted disorderly conduct and obstruction. The Oly 26 are 25 women and 1 man, who demonstrated against the Port of Olympia ’s militarization. The government, in trying to break up group solidarity, scheduled five separate arraignments.
21—[Des Moines, IA] The four Iowans arrested, on July 25, while attempting to do a citizen's arrest of Karl Rove were found guilty of trespass in district court in Polk County. Rev. Chet Guinn, Edward Bloomer, Kirk Brown and Mona Shaw were arrested at the Wakonda Country Club in
The four presented Des Moines Police with an arrest complaint citing Iowa Code provisions for making Citizen's Arrests as well as citing federal statute violations they claimed Rove had violated. The four maintained during the trial they were acting within the guidelines of Iowa Code that obligate private citizens to make such an arrest if they believe a felony was committed.
Instructions to the jury allowed that a citizen's arrest was potentially justification for the defendants to refuse to leave the property and that if it was reasonable for the defendants to believe the subject of their arrest had committed a felony that then they should find the defendants not guilty. The six-person jury returned a guilty verdict for each defendant nonetheless. Sally Frank, attorney for the defendants, said in court that she will file a motion to set aside the verdict and that the verdict will be appealed if the motion is denied. Three of the defendants were sentenced to the minimum $65 fine plus court costs. Brown stated he could not in conscience pay the fine and was sentenced to one day in jail.
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Despite Sandate’s mental illness, and his numerous suicide attempts, the Army accepted him. He was injured in an IED attack in
17—[WDC] Six veterans climbed down a 9-foot retaining fence and ninety-foot high scaffolding in front of the National Archives. They climbed up on Nov. 15 and displayed two immense 450 square foot banners stating, “DEFEND OUR CONSTITUTION. ARREST BUSH AND CHENEY: WAR CRIMINALS!" and "WE WILL NOT BE SILENT.” The event was organized by Veterans for Peace and Military Families Speak Out and staged outside the home of the Constitution. While they were threatened with arrest, they managed to remain for the weekend.
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Peg Gallagher pled guilty and was sentenced to 20 hrs of community service. Kathy Peterson pled no contest and was fined $100 and assessed court costs of $44. Mark Kenney pled guilty and was fined $150 and assessed court costs of $44.
Ebner did not make a plea but made a statement instead. The judge found him guilty and gave him a 30-day suspended sentence with a one year probation period in which he is obligated to pay a $500 fine, plus a $74 court cost and a $30 probation assessment fee. Jerry eventually refused to cooperate with the judge’s order.
10—[WDC] A rally was held outside the Department of Justice organized by the National Campaign for Nonviolent Resistance. In September, members of NCNR sent a letter to Attorney General Michael Mukasey asking to meet with him to discuss the indictment of George W. Bush and Richard Cheney. There was no response to the letter, so the group went to the DOJ to seek a meeting. Their request was denied, so fifteen of them engaged in an hour-long die-in on the sidewalk--Maria Allwine, Ellen Barfield, Lou Collins, Max Obuszewski, Malachy Kilbride, Pete Perry, Eve Tetaz, Dr. Arya Bhardwaj from India, Tim Chadwick, Christine Gaunt, Michelle Grise, Steve Mihalis, Don Muller, Phil Runkel and Manijeh Saba. There were no arrests.
The group then marched to the White House with their Arrest Bush signs and tees shirts. While marching, the group was visible when the Obama motorcade passed them. The group then vigiled on
9—[Mannheim, Germany] Robert Weiss, a conscientious objector, was released one month early from a U.S. military prison due to good behavior.
6—[Worcester, MA] Ken Hannaford-Ricardi and Scott Schaeffer-Duffy, members of the SS. Francis & Therese Catholic Worker community, were sentenced to community service. At trial on Sept. 23, they were found guilty of failure to obey. However, citing their vow of voluntary poverty, they refused to pay the $250 fine. The sentence was amended to 40 hours of community service for Schaeffer-Duffy and 25 for Hannaford-Ricardi. They were arrested on Mar. 19 while praying for an end to the Iraq War with Mike Benedetti, Sandra McSweeney and Roger Stanley.
4--[Salina, KS] Janie Stein, Martin Bates, Sister Agnes Caroline Teter, Ralph Kresin and Sister Margaret Rourke pled guilty to criminal trespass. Eight activists from "The Heartland Speaks” were arrested on Oct. 15 at the A-10 Warthog "Hawgsmoke" air show after "crossing the line" during a demonstration against increased
Cordaro, Rehberg and Paoli were able to negotiate by telephone a sentence of 20 hours of community service in their respective home towns. Those who appeared in court were able to make a statement. Janie brought up Nuremburg, Ralph, nonviolence, Martin, the need for the military to train for peace, Sr. Margaret provided facts about DU and Sr. Carolyn provided a summation. They were also sentenced to 20 hours of community service and $70 in court costs.
3—[Norfolk, VA] In US District Court, Catholic Worker Steve Baggarly was found guilty of trespassing at Oceana Naval Air Station in Virginia Beach. The judge gave Baggarly the one-day sentence requested by the prosecution, and two years of limited supervision.
Baggarly, Kristin Sadler, Beth Brockman and Susan Crane had climbed on top of a B-52 on display at the annual air show with anti-war banners which read, "We Shalt Not Kill", and "Weapons of Mass Destruction are nothing to celebrate". The three women and eight other observers were arrested and given letters barring them from going onto any naval installation from
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OCTOBER
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31--[Olympia, WA] Shyam Khanna was convicted by a jury of obstruction and resisting arrest during a Nov. 13, 2007 protest at preventing war material from getting from
29--[???] An Army appeals court heard arguments to overturn Camilo Mejia’s 2004 conviction for desertion. He was the first Iraq War vet to refuse further
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27—[Omaha, NE] Greg Boertje, also arrested at the Qwest Center on Oct. 8, entered a “no contest” plea to a charge of failure to leave and was sentenced to time served. Greg had his bail originally set at $2,500, but later it was raised to $10,000. A public defender was able to arrange a plea hearing in advance of his Nov. 4 trial date.
24—[WDC] A Superior Court of the District of Columbia jury rendered a verdict in the case of ten members of the National Campaign for Nonviolent Resistance, arrested in the gallery of the U.S. Senate on Mar. 12 as the Ghosts of the Iraq War. Found not guilty were Maria Allwine, Joy First, Judith Kelly, Art Landis and Linda LeTendre; the guilty were Ellen Barfield, Tim Chadwick, Max Obuszewski, Manijeh Saba and Eve Tetaz. Most of the defendants stood up individually to announce "I am a ghost from the Iraq War. While I died needlessly, I am here to demand an end to the funding of the war so that others do not have to die." They were charged with disorderly conduct/disruptive conduct, which carries a possible sentence of six months in jail and/or a $500 fine.
Sentencing was delayed. Since the government failed to provide all discovery, including a purloined email written by Obuszewski, Judge Robert Morin scheduled a post-verdict hearing on Nov. 7.
23--[Tacoma, WA] Charges were dismissed against Legrand Jones, an attorney, who was arrested for refusing to give his name to a police officer during August protests outside the gates of Port of Tacoma, His attorney pointed out that the Washington Supreme Court had struck down a “stop and identify” statute.
22--[Olympia, WA] Charges against Amory Ballantine, Joji Kohjima and Gabrielle Sloane were dismissed due to the prosecutor’s failure to provide all discovery, a video tape, relating to an action on Nov. 10, 2007 to delay war material from getting from Fort Lewis to the Port of Olympia. Forty three people were arrested that day. It was presumed that the tape was erased because it would show police brutality during the arrests. Also charged with obstructing an officer was Davi Rios, but he accepted a plea agreement.
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20—[Louisa, VA] Glenn Carroll, Rebecca Mann and Darci Rodenhi won an appeal of their conviction from an August sit-in at a visitor center for a nuclear power plant. Once the original charge was reduced, they pled guilty to trespass and were sentenced to a $250 fine, a year probation and 30 days in jail, suspended.
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11—[Omaha, NE] Steve Jacobs, arrested at the Oct. 8 die-in and charged with failure to leave, pled no contest at his arraignment and was sentenced to 3 days in jail with time served.
8—[Omaha, NE] Eight peace activists engage in a die-in at the annual "Strategic Space and Defense 2008 Conference" at the Qwest Center, and are charged with failure to leave. The four Omaha-area peace activists arrested were cited and released: Peg Gallagher, Kathy J. Peterson, Mark Kenney, and Jerry Ebner. The four out of towners were detained: Frank Cordaro, Greg Boertje, Michael Walli and Steve Jacobs.
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SEPTEMBER
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24—[WDC] Five members of Veterans For Peace came down from a ledge outside the National Archives. They climbed up on Sept. 23 to display an immense banner stating, “DEFEND OUR CONSTITUTION. ARREST BUSH AND CHENEY: WAR CRIMINALS!" The Metropolitan Police declined to arrest them, so they maintained a 24-hour vigil and resolved to return.
23—[Worcester, MA] Mike Benedetti, Ken Hannaford-Ricardi, Sandra McSweeney, Scott Schaeffer-Duffy and Roger Stanley were convicted of failure to obey, but acquitted of obstruction. In the lobby of the federal courthouse on Mar. 19, they prayed for an end to the war in
23—[Louisa, VA] Paxus Calta, Spot Etal and Sue Frankel-Streit were found guilty of trespass after going into the public information center of the Dominion Virginia Power’s North Anna nuclear power plant on Aug. 7. While inside they used post-it notes to cover up company propaganda. They were arrested with three others. The other three climate change protesters pleaded guilty and were sentenced to 90 days in jail, suspended, two years unsupervised probation and a $2500 fine, half of it being suspended subject to terms of the probation.
For the three who went to trial, Calta received a 30-day sentence, 15 suspended, while Etal and Frankel-Streit were fined $1000 each, $700 suspended in lieu of payment. Calta’s sentence is suspended pending appeal.
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15—[Madison, WI] Cassandra Dixon, Bonnie Block and Joy First were arrested at the federal building during the Monday noon hour vigil for peace, now in its 26th year. About three dozen people took part, some chalking body outlines on the sidewalk representing
and Iraqis who needlessly died in
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AUGUST
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22--[Colorado Springs, CO] Robin Long pled guilty to desertion from the Army, and the judge Col. Debra Boudreau wanted to sentence him to 30 months. But the plea agreement limited the sentence to 15 months. Resisting the war, Long fled to
13--[Vandenberg Air Force Base, CA] During a protest outside the gates, MacGregor Eddy was arrested and charged with trespass for violating a 2005 ban from the base.
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8—[WDC] Sidney Bixler, office of the Attorney General, filed the government’s brief in response to the one filed on Dec. 29, 2007 by Mark Goldstone on behalf of Beth Adams, Ellen Barfield, Michelle Grise, Sherrill Hogen, Kathryn McClanen, Joan Nicholson, Max Obuszewski & Eve Tetaz with the District of Columbia Court of Appeals. They are appealing convictions related to protests on Sept. 26 or 27, 2006.
On Feb. 16, 2007 some 30 defendants who appear before D.C. Superior Court Chief Judge Rufus King III are convicted and ordered to pay a $50 assessment fee. One defendant was found not guilty. On Mar. 14, 2007 20 defendants who appeared before Judge King facing charges from either Sept. 26 or 27 are convicted and ordered to pay the $50 fee.
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3--[Tacoma, WA] Forest Student, involved in an anti-military protest, was hospitalized under arrest after being threatened and then shot with a taser by a police officer sitting in his patrol car. Initially charged with felony assault, Student was released the next day without charge.
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JULY
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25—[WDC] Two people, one a member of Iraq Veterans Against the War, were arrested and removed from a House Judiciary Committee hearing on “Executive Power and Its Constitutional Limitations” where impeachable offenses regarding the Iraq war were brought to the record. At arraignment, they were informed that no charges had been filed.
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JUNE
30 - [WDC] Paul Zulkowitz was granted a dismissal before judgment. Ann Wilcox, the attorney, called it a victory because the government decided against expending the resources for a jury trial. Also she opined that the government may not have wanted to grant the peace activist a forum to condemn the war.
Zulkowitz voiced opposition during a public hearing where Gen. David Petraeus testified before the Senate Armed Services Committee, chaired by Sen. Carl Levin on Apr. 8. Zool stood and chanted “Bring them home, bring them home! . . . ,” was arrested and charged with one count of “disruption of Congress.”
28 – [Des Moines IA] In solidarity with the eleventh annual 24-hour vigil hosted by Torture Abolition and Survivors Support Coalition in Washington D.C., ten people gathered outside the federal courthouse in a solidarity vigil. Eventually vigilers decided to walk through a farmers market and an arts festival. Taylor Hays, Christine Gaunt, Halsey Reynolds and Kirk Brown intended to return to the courthouse.
A police officer escorted them through the market. However, security stopped them from walking through the arts festival. During a dialogue, a police officer cuffed Reynolds. Brown and Gaunt were also arrested. In the squad car, the police decided to charge them with "harassing a public official." All charges were dropped.
26-[Sacramento, CA] Following a “Freeze-In for Peace,” where some two dozen people stopped in motion for five minutes as an anti-war statement, activists outside the governor’s office were arrested for illegally entering the Capitol and demonstrating without a permit. At their arraignment, all charges were dismissed “in the interests of justice.”
24 – [Berkeley, CA] Four CODEPINK women, including Toby Blome & Zanne Joi, were scheduled to begin their jury trial for a protest they held inside the Berkeley Recruiting Station commemorating the death of the 4000th US soldier killed in Iraq. The women were arrested on Mar. 24 and charged with trespassing and intimidating the Marines. They faced up to 6 months in jail & a $1,000 fine.
Judge Morris Jacobson from the Alameda County Superior Court reduced the charges to an infraction that will be dismissed in six months time. In addition, he dismissed all other pending charges against the women, including several charges for obstructing the sidewalk, an arrest for public nudity during a Breasts Not Bombs protest, and numerous parking tickets incurred during many months of protests.
Pam Bennett was charged with violating a local nudity ordinance when she removed her shirt for a second time during a June 13 Breasts Not Bombs protest at the Marine recruiting station. Others had complied when police demanded they put their shirts back on and keep them on. “War is indecent—breasts are not,” Bennett told the Berkeley Daily Planet. “Four million people displaced, lacking food and water is indecent—breasts are not.”
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20—-[Alexandria, VA] Nine Faith and Resistance Retreat participants arrested at the Pentagon on Mar. 21, Good Friday, were scheduled for trial in federal court. The group entered the Pentagon grounds in solemn, silent procession. Tim Fryett, Peter Pedemonti, Peter DeMott, Susan Crane and Steve Miller sought to block the entrance and were quickly arrested; Claire Grady and Eve Tetaz knelt on the grass and were also arrested. All were charged with "disobeying a lawful order.” Two others were arrested, one as a result of a mistake, the other in solidarity so his brother would not be alone.
The charges were dropped for seven of them. Susan Crane and Peter DeMott then pled guilty and read statements before sentencing focusing on the use of depleted uranium munitions and the waste of money and lives in war. They were each fined $100.
19- [WDC] An activist was arrested in the gallery of the House of Representatives when he threw down “bloody” money during the vote for more funding of the wars in
18 – [WDC] The government dismissed charges against Steve Baggarly, Kristin Sadler, Bill Streit and Eve Tetaz who were arrested at the White House on Mar. 22. The anti-torture activists were arrested for holding signs in the forbidden area.
16—[Portland, OR] Jesse Laird, Rhoda Moore and Tom Hastings are scheduled to appear in court, as a result of their arrests in Sen. Gordon Smith's office on May 16. Smith's Oregon Chief of Staff made it known that no peace people were going to be welcome ever at Senator Smith's office. Moore, who attempted to make an appointment, asked why the scheduler had promised to call her back but never did. They promised to leave if Smith agreed to vote against any more war funding. Instead, they were cuffed and stuffed and given a citation release.
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Multnomah County Circuit Judge Alicia Fuchs dismissed the case after Deputy District Attorney Elizabeth Puskar asked for an additional day. Puskar said police officers scheduled to testify didn’t show up because they mistakenly thought the trial was set for June 10.
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On Mar. 19, the antiwar activists were arrested at a military recruiting station in
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2 – [WDC] Three members of the Christian Peace Witness, who were arrested in the Hart Senate Office Bldg on Mar. 7, were convicted in D.C. Superior Court. Joan Nicholson, Ellen Arginteneau and Vicky Andrews were found guilty of unlawful assembly. During the Interfaith Witness for Peace for
MAY
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Another five wound up in custody for trying to display a banner on a freeway overpass: Lynne Greenwald, Sallie Shawl, Mary Gleysteen, Kim Wahl and Glen Milner. They were booked for disorderly conduct and failure to disperse.
30 – [WDC] Thirty four Witness Against Torture advocates were convicted in D.C. Superior Court by Judge Wendell Gardner. David Barrows had his case dismissed, but the others were convicted after a four-day trial. Eleven of them were jailed, four for one day. Susan Crane received the longest sentence—15 days.
Eighty WAT activists were arrested either inside or outside the Supreme Court on Jan. 11, the sixth anniversary of the opening of the prison at
The government offered a stet to the arrestees which would place the case in an inactive file for six months. If the defendant was not arrested in the next six months, s/he would have the case dismissed. It was an obvious attempt to quell the resistance movement in D.C. At least two arrestees who did not accept the stet had their cases dismissed. On May 8, the government dismissed the charges against Frida Berrigan, Joy First, Mike Foley, Lindsay Hagerman, Judith Kelly, Chris Knestrick and Max Obuszewski. All were arrested inside the Supreme Court.
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22 – [WDC] Four CODE Pink women were arrested and charged with "unlawful conduct on Capitol grounds" at Gen. Petraeus’ confirmation hearings. Three of them spent the night in jail.
22—[Stockton, CA] Police escorted three CODEPINK women away from a McCain campaign rally after they challenged the candidate’s threat of war on Iran. Medea Benjamin, Nancy Mancias and Katelyn were held by the Secret Service, but released without charge.
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21—[New London, CT] Donald Blevins, chair of the Waterford Board of Education, was arrested as he took a shortcut to join an anti-war rally at the entrance to the Coast Guard Academy. Police allege he interfered with their work by failing to leave an area secured for the commencement visit of Dick Cheney.
15—[Madison, WI] In Municipal Court, Bonnie Block, Joy First and Janet Parker were found guilty of trespass during a bench trial in front of Judge Daniel Koval. During sentencing, Marcie Palmer, Madison City Attorney, requested the minimum fine of $109, which was granted by Judge Koval and commuted to 11 hours of community service for each of the defendants. Block, First and Parker were arrested on Feb. 15 at the Hilldale Mall during a peaceful and solemn vigil speaking out against the devastating occupation of
In his sentencing, Judge Koval said that the heartfelt arguments were compelling and that he was sympathetic to the cause of the defendants, but that was not the issue. He took an oath to uphold the constitution and follow the law.
13 – [WDC] Liz Hourican was arrested outside the
10—[Bangor, WA] During a Mother’s Day demonstration at the Trident nuclear submarine base, ten demonstrators--Julia Rusk, Joy Goldstein, Thomas Hodges, Larry Kerschner, Nicole Scott, Ann Kittredge, Mayla Siemion, Susan Borys, Daniel Norby and Lynne Greenwald, were detained after trying to block the main highway. Two of the arrestees received citations for trespass on a military installation.
4—[Kent, OH] On the 38th annual commemoration of the Kent State killings, 200 people departed from the official ceremony ahead of a permitted march and blocked traffic. Bill Arthrell, Aaron Brooks, Yvette Coil, and Sable Foster were arrested, and $2,000 was raised to bail them out. They pled guilty to disorderly conduct and were fined $25 and sentenced to 24 hours community service at Freedom House veteran’s shelter. They were also ordered to send letters to their Congressional representatives and local newspapers about peace in
2—[WDC] Desiree Fairooz was convicted of disorderly conduct by Judge Richard Ringell in Superior Court. This conviction resulted from an incident on Oct. 24, 2007, when Fairooz called Secretary of State Condi Rice a war criminal at a Congressional hearing. Assistant U.S. Attorney Jeffrey Scott Shapiro asked for a sentence of 90 days incarceration. While the judge said there is a price to be paid for civil disobedience that included jail time, he suspended a five-day sentence, gave her three months of unsupervised probation and ordered the payment of $50 to the victims of violent crime fund.
1—[Burlington, VT] Ten activists, including Jen Berger, Hillary Martin and Rachel Ruggles, locked themselves together in the lobby of weapons manufacturer General Dynamics. The activists demanded “General Dynamics stop giving campaign contributions to the politicians responsible for regulating it, stop making Gatling guns, missiles and other weapons of mass destruction and give back the $3.6 million in
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APRIL
30—[Bangor, ME] Six longtime anti-war activists arrested on Mar. 7, 2007 for refusing to leave the federal building when it closed for the day were found not guilty of criminal trespass by a Penobscot County Superior Court jury after 2 ½ hours of deliberation in a two-day trial. The defendants and six others were inside U.S. Sen. Susan Collins’ office demanding that she vote against further funding of the Iraq War and against the Bush proposal to increase the number of
Jonathan Kreps, Henry Braun, James Freeman, Dud Hendrick, Douglas Rawlings and Robert Shetterly chose to go to trial. The six others arrested, Maureen Block, Diane Fitzgerald, Nancy Hill, Judy Robbins, Peter Robbins & Pat Wheeler, pled no contest and paid a fine.
Freeman, Hendrick and Shetterly represented themselves. Philip Worden represented Rawlings, and Lynne Williams represented Kreps and Braun. Hendrick outlined their legal strategy during the trial: "intercede against a greater crime in an act of civil resistance, not civil disobedience.” Freeman said after the verdict. "The fact that this was a not-guilty verdict says something about the way the wind is blowing in this state.”
District Attorney R. Christopher Almy offered this observation: "I think that the public in
23—[WDC] In D.C. Superior Court, David Barrows was sentenced to 18 months supervised probation, six months imprisonment suspended, 100 hours of community service and a $1,100 fine with $500 suspended. The judge rejected the prosecutor’s request for imprisonment. Barrows was convicted on Apr. 2 for unlawful conduct in Congress on Sept. 11, 2007 during testimony given by Gen. David Petraeus and U.S. Ambassador to Iraq Ryan Crocker before the Senate Armed Services Committee. Prior to his sentencing, he said “Our voices must be heard - not the silence of apathy or the silence of cowardice; not the silence of selfish profiteering but the tears of families of young Americans who volunteered for war under false information.”
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10 – [New Brunswick, NJ] Suzan Sanal (Rutgers Against the War/Campus Antiwar Network), Erik Straub (Tent State/SDS), and Arwa Ibrahim received a summons from the state of New Jersey for activities during a Walk Out, which took place Mar. 27. They were the only ones to receive a summons as a result of the protest despite the fact that the Walk Out was organized by a coalition of a dozen student groups and gathered several hundred participants. Arwa was not even a member of the Walk Out coalition and never attended an organizers' meeting.
All three are being charged with disorderly conduct, and if convicted they could face up to 30 days in jail and a $500 fine. The complaint states, "Did engage in conduct which caused a physically dangerous or hazardous condition, specifically by organizing and participating
in a protest march onto Route 18 disrupting traffic in violation of N.J.S. 2c: 33-2A(2)"
8—[WDC] David Barrows was sentenced today by Superior Court Judge John Bayly, Jr. to 14 days imprisonment suspended, six months of unsupervised probation, $200 for court costs and $200 to the victims of violent crime fund. The prosecutor suggested a sentence of 180 days in jail with all but 20 days suspended. Barrows was convicted of simple assault on Feb. 26. The accuser, Karen Testerman, a pro-war right-wing homophobe, and the police witnesses failed to tell the truth at trial. Testerman accused Barrows of assaulting her on Sept. 18, 2007 during a pro-war rally in
2--[WDC] Rev. Lennox Yearwood, of the Hip Hop Caucus, was charged with disorderly conduct and unlawful assembly. These charges are based on Yearwood’s participation in a protest against global warming and the war on Oct. 22, 2007. He was not arrested at that time.
Rev. Yearwood had been charged with assault on a police officer and disorderly conduct when he attempted to attend a Sept. 11, 2007 House hearing during which Gen. David Petraeus was scheduled to testify about the Iraq War. The assault charge was eventually dismissed, but Yearwood was scheduled for trial on a charge of disorderly conduct on Feb. 25, 2008. When he appeared for trial, the case was dismissed.
2—{Omaha, NE] A federal magistrate judge sentenced Dagmar Hoxsie to pay a $200 fine and do two years probation and John Bach a $100 fine and two years of probation. They crossed the line at Offutt Air Force Base, the home of STRATCom, on Dec. 28, 2007 and were charged with trespass. In court, Hoxsie pled no contest and Bach guilty. The action was part of the annual Feast of the Holy Innocents, the day Catholics remember the children killed by King Herod.
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MARCH
31—[NYC] A judge was to decide on a motion for dismissal in the case of the UN witness against crimes perpetuated by Bush, Cheney & Co. against humanity here and abroad. The motion argues that no crime was committed and that the arrest was illegal. The judge waived the requirement for any defendant, including Linda LeTendre, to be present.
31—[Chicago] Six Iraq War protesters were scheduled for a hearing, after being arrested during an Easter mass, Mar. 23, and charged with one count of felony criminal damage to property and two counts of simple battery. All defendants had to post bonds before being released from jail.
Angela Haban, Regan Maher, Mercedes Phinaih, Ephran Ramirez, Donte Smith and Ryane Ziemba, a few seconds into Cardinal Francis George’s homily, rose from their seats, turned to address the hundreds of parishioners in the auditorium, and talked about the continuing deaths in
Leaving the auditorium, they chanted "Even the Pope calls for peace!" "And so should we all call for peace," said George from the alter as the last protester was led out. The group, which calls itself Catholic Schoolgirls Against the War, said in a statement after being arrested they targeted the Holy Name Cathedral to reach a large audience, including Chicago's most prominent Catholic citizens and the press, which usually covers the services. Speaking after the service, George said, "We should all work for peace, but not by interrupting the worship of God."
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19—[WDC] Activists targeted the American Petroleum Institute. Around 200 people were outside the building at 9 AM. The Metropolitan Police were disinclined to arrest, despite the many acts of resistance at various sites in D.C. Instead the police would clear an area.
By early evening, several hundred people gathered at the reflecting pool by the U.S. Capitol, 100 or more wearing March of the Dead white masks and marching single file up
19—[WDC] The War Resisters League organized an early morning march to the Internal Revenue Service to highlight the three trillion dollar Iraq War. Affinity groups then blocked the three entrances to the building. The Federal Protective Service arrested thirty two of the blockers, including Clark Field. Most of the activists, if not all, paid the $50 citation release.
19—[Syracuse, NY] At the conclusion of a Syracuse Peace Council protest, twenty-two activists, including Jerry Berrigan and Angus MacDonald, were arrested and charged with disorderly conduct. After visiting the "four pillars of war-making" -- an armed forces recruiting center, the federal building, a bank, symbol of war-profiteering, and a newspaper office, symbol of the media ignoring the war, about 60 people blocked traffic on the main street through downtown Syracuse.
A couple of defendants pled guilty. Most took their cases to a non-jury trail and spoke out against the horrors of the occupation of
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12—[WDC] Led by students and youth, STOP-LOSS CONGRESS, a nationwide grass-roots coalition of more than fifty broadly diverse organizations including OurSpringBreak, CodePink, Iraq Veterans Against the War and Veterans for Peace, was joined by veterans who have endured involuntary extensions (Stop-Losses) of their tours of duty. Members of Stop-Loss Congress blocked the parking lot exits at the
All members of Congress received a Stop-Loss order to remain on duty until the troops are brought home. The only member of Congress who agreed with the order was Rep. Dennis Kucinich. All others were on vacation from Mar. 15 to Mar. 30, ignoring the killing and suffering they have enabled, supported, and financed.
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7—[WDC] During the Interfaith Witness for Peace for Iraq, forty four members of various faith groups were arrested in the Hart Senate Office Building appealing for an end to war funding.
6—[WDC] After reconsideration, a D.C. Superior Court Judge Raphael Diaz acquitted the Polar Bear 7. On Oct. 22, 2007, during the "No War, No Warming" demonstration, people dressed up as polar bears sang and danced their way on sidewalks outside of the Cannon House Office Building to remind Congress of the connection between war and global warming. The Capitol Police insisted they disperse, but the "Polar Bear 7" were arrested as they attempted to leave, less than 30 seconds after the first warning. The arrested were Paul “zool” Zulkowitz, Alexis Baden-Mayer, Adam Eidinger, Robert Levitt, Cesar Maxit, journalist William Jordan and Anna Duncun.
At a beginning of a six-day trial in February, Jordan and Duncun had their charges dropped. Ariel Vegosen was also arrested, but her case was dismissed before the trial began. On Feb. 11, Diaz found the “Polar Bear 7" innocent of unlawful assembly, but guilty of a “lesser included" charge, failure to obey a police order. This was another example of a D.C. judge convicting peace activists on flimsy evidence. The government argued that because others were arrested that day, the police had the right to take the bears into custody on the basis of "transferred intent." It is still mystifying why the judge failed to acquit. While there was no finding of any basis for the arrest, and the judge discredited the prosecutorial theory of "transferred intent," he left open the question of selective arrest. The defendants plan to file a civil suit against the Capitol Police.
4--[Wausau, WI] Roberta Thurstin and Don Timmerman were convicted of disorderly conduct stemming from a visit to Rep. David Obey's office on Feb. 26, 2007. The citizens along with Susanna Gilk went to the office seeking information as to how he was going to vote on funding for the Iraqi invasion and occupation. Gilk pled guilty and agreed to do community service.
Thurstin and Timmerman, though, went to trial and were convicted despite the lack of any disorderly conduct and the fact that they were arrested before the office was closed. They were fined $5 and ordered to pay court costs and service costs. It seems that if you convicted in
2--[Santa Barbara, CA] Larry Purcell, Ed Ehmke and Mary Jane Parrine were arrested protesting Stars Wars testing at Vandenberg Air Force Base. They're expected to be charged with trespassing and go through the federal court system. More than 150 people commemorated the 25th anniversary of antiwar demonstrations at Vandenberg. The group pleaded with members of the Air Force to abandon their posts and join the protest against nuclear weapons.
FEBRUARY
28--[Wheaton, IL] Jeff Zurawski and Sarah Hartfield were to appear at a motions hearing to quash two separate disorderly conduct charges resulting from their May 6, 2007 display of a sign reading “Impeach Bush and Cheney — Liars” and an upside-down U.S. flag on the Great Western Trail Bridge. They originally faced one count of disorderly conduct, but the state’s attorney added charges of reckless conduct and un-authorized display of a sign. The government then dropped two of the charges when the activists refused any plea bargain. However, the state’s attorney added a new disorderly conduct charge. So they are facing two disorderly conduct charges. If their motion to quash is denied, they would be scheduled for a trial date.
25—[WDC] Rev. Lennox Yearwood had his case relating to a war protest dismissed in D.C. Superior Court. However, as he was leaving the courtroom a Metropolitan Police officer gave him a citation to appear in court facing another charge. Details are unclear as to what arrest resulted in a dismissal and what the new citation is about.
13--[WDC] Desiree Fairooz was arrested at the conclusion of a congressional hearing on the 2009 war budget.
11--[Tacoma, WA] Peter Ryan, Sky Ogawa Cohen, Jesus Lopez, Jesse Schultz III and Fiona Thompson were scheduled for trial on a charge of failure to disperse while blocking arms shipments going to the port.
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4—[Tucson, AZ] Three anti-torture advocates appeared for trial in federal court facing charges for a Nov. 18, 2007 protest at Ft. Huachuca in Sierra Vista, AZ. Franciscan Fr. Jerry Zawada and Betsy Lamb had been incarcerated since the arrest because of outstanding legal matters in other jurisdictions. They appeared in court in handcuffs. Lamb is awaiting trial for a September anti-war protest outside the office of Rep. Greg Walden, in
They faced charges of criminal trespass on a military installation, conspiracy and failure to comply with a police officer. They were arrested outside the gate of the U.S. Army Intelligence Center at
A plea agreement was reached in which the military prosecutor agreed to drop the conspiracy charge in return for the defendants agreeing to stipulate to the facts. Magistrate Judge Jacqueline Marshall found Zawada, Lamb and Riseley guilty of trespass and failure to obey an officer. Each defendant received a sentence of two years of supervised probation, a $5000 fine or 500 hours of community service. She told the defendants that they could do their community service by participating in demonstrations, handing out leaflets and other legal forms of protest. She also advised them that they could ask for an early end to their probation as soon as they either paid the fine or completed their community service.
1—[Portland, OR] A motions hearing was scheduled to consolidate all the cases relating to an action on Oct. 5, 2006 during a World Can't Wait march. Ten people were arrested, but Ryan Dunn would later be found not guilty. The others awaiting trial are as follows: Adriane Ackerman, Alex Tinker, Bonnie Tinker, Brent Georgeson, Chris Knudtsen, Colin Jones, Crystal, Paul Forester & Victor Phillips.
JANUARY
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Federal Magistrate G. Malon Faircloth sentenced Ed Lewinson, who is blind, to 90 days in jail and a $500 fine. Tiel Rainelli received the same sentence. The other sentences are as follows: Joan Anderson, 30 days and a $500 fine; Ozone Bhaguan, 90 days and no fine; Le Anne Clausen, 30 days and no fine; Art Landis, 30 days and no fine, Chris Lieberman, 60 days and no fine; Diane Lopez Hughes, 45 days and a $500 fine; Gus Roddy, 30 days and a $500 fine; Stephen Schweitzer, 60 days and a $500 fine; and Michelle Yipe, 30 days and a $500 fine.
25—[Madison, WI] Municipal Court Judge Daniel Koval found Bonnie Block, Conor Murphy, Jean McElhaney, Jamie Haack and Joy First guilty of unlawful trespassing at the East Towne Mall. On Nov. 2, 2007 a group of about 25 concerned citizens went to the mall for a die-in organized by Madison Pledge of Resistance. As the names of US soldiers and Iraqis killed in the carnage were read aloud, seven activists were moved to lie down on the floor. Those lying on the floor were covered with a white shroud, and a red rose was placed on top of each body. Two of the arrestees had their case resolved. The other five went to trial.
The judge was sympathetic to the cause, but had an obligation to follow the law noting a 1987 decision by the Wisconsin Supreme Court, which determined malls were private property where speech is limited to what is acceptable to the mall owner. The judge reduced the fine from $424 to $109 and offered 10 hours of community service as an option in lieu of paying the fine.
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Jan Lustig and Bruno Keller offered Alford pleas and were ordered to pay $25 in court processing fees. Jordan McKittrick is a minor, and his case was dismissed. Dear's co-defendants received varying sentences in Oct. 2007, including suspended prison time, fines and community service. All five are appealing their sentences. Dear received the highest fine and most hours of community service, but he will not appeal. At sentencing, Svet was also quoted as saying, "Mr. Dear, you frankly are a phony. You preach nonviolence but you are the same man who took a hammer and a can of paint against a
24—[Moyock, NC] Steve Baggarly, Beth Brockman, Mark Colville, Peter DeMott, Mary Grace, Laura Marks and Bill Streit were sentenced after being convicted on Jan. 23 in a jury trial. On Oct. 20, 2007, they were charged with resisting arrest, trespassing and destruction of property at the headquarters of Blackwater
The judge sentenced them to time served. Five of the protestors served five days in jail after their arrest. Marks and Brockman were only in jail one day, but the judge suspended the other four days as long as they stay away from Blackwater property.
In non-jury trials in December, the seven were convicted. However, the trials were closed to the public. The second trial was a result of an appeal of the earlier convictions. A formal complaint from the
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22—[WDC] Patrick O’Neil and Eve Tetaz were scheduled to be arraigned on charges relating to an arrest at the White House on Dec. 30, 2007 during the Feast of the Holy Innocents Retreat. That day, the Jonah House donkey joined Mary, Joseph and the Jesus in a walk through
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17-18—[WDC] On Jan. 17, thirty one antiwar activists were convicted in Superior Court of unlawful assembly. Over a two-day period, the defendants were given suspended jail sentences ranging from three to ten days and six months of unsupervised probation. All were ordered to pay at least $50, though for some it is $100, by April 30 to the victims of violent crime fund. Some defendants also received stay-away orders for the Capitol Crypt. A number of defendants had no previous criminal record, yet received suspended jail sentences. This is very unusual in Superior Court. However, there is an attempt underway in D.C. to quell the antiwar resistance. More than half of the defendants have appealed the conviction.
Thirty four people, calling themselves Rivers of Blood, were arrested on Sept. 20, 2007 during a die-in at the crypt of the U.S. Capitol. The police made the mistake of not charging all of the defendants with the same disorderly conduct charge. After both sides rested their cases, Assistant U.S. Attorney Jeffrey Shapiro realized the discrepancy in the disorderly conduct charges.
The only witness for the government was the “arresting officer.” She was not present for the entire die-in, nor did she individually ask all defendants to leave. She never identified what a single defendant did. Instead her testimony targeted the group. She repeatedly said “many” of them or “some” of them. The defense did not bother to cross examine her, as it assumed her testimony was lacking. While Judge Ann O’Regan Keary dismissed the disorderly conduct charges, her rationale for a guilty verdict for unlawful assembly was that the painted tee shirts worn by the defendants and the Rivers of Blood banner were provocative and a breach of peace. She claimed that the die-in could have caused others to engage in violence. Of course, the government never presented any such evidence.
17—[WDC] Tina Richards, Adam Kokesh and Ian Thompson were scheduled for trial. On Sept. 6, 2007 a police officer rode a horse into the middle of a press conference in
16--[Chicago] Five members of the Christian Peacemaker Teams donned sackcloth and were arrested inside the office of Rep. Rahm Emanuel, while urging him to vote against war funding. They burned stacks of paper listing American and Iraqi war casualties, and then marked each other’s foreheads with the ashes in a sign of repentance. They were charged with trespass.
14—[Tacoma, WA] Wally Cuddeford, Jeff Berryhill and Caitlan Esworthy were scheduled for trial on a charge of resisting arrest during a blockade of arms shipments going to the port. Berryhill and Cuddeford face the additional charge of assaulting police.
11—[WDC] The U. S. Court of Appeals for the
When the activist, who lost her son Casey in the Iraq War, tried to explain her intent on Sept. 26, the prosecutor objected and the judge sustained the objection, claiming that the charge imposed strict liability. After a two-day trial, Kay convicted Sheehan and the other defendants.
Sheehan v.
The court rejected the challenge to the constitutionality of the regulations. But it acknowledged the unfairness of the trial: “We reverse and remand for a new trial, however, because appellant was convicted of a crime that does not exist and prevented from offering a viable defense.”
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10—[WDC] Mike Ferner, a national officer with Veterans for Peace, was convicted of disorderly disturbing Congress in a jury trial in Superior Court. On Sept. 20, 2007, he and Linda Weiner stood up in the gallery of the House of Representatives and shouted "Congress! Congress! Funding the war is killing our troops. Please stop." The disposition of Weiner’s case is unknown.
Ferner was fined $100, which he refused to pay. Sent to the D.C. Jail, he was released after serving less than 24 hours.
3—[WDC] In Superior Court, Judge Henry Greene dismissed all charges against activists arrested on Sept. 15, 2007 on the west side of the U.S. Capitol. Close to 200 people were arrested, but most paid a citation fine. Only Elliot Adams, Ellen Barfield, Brian Becker, Carla Boccella, Rodney Centeno, Jay Gillen, Sholom Keller, Adam Kokesh, Polly Miller, Shawn Peterson and Rich Reinhart appeared for trial facing a charge of crossing a police line. The defendants argued the police line was unconstitutional, since it was formed to prevent protected speech with no sufficient cause for a time and place restriction, and no crimes were committed as the police helped or pulled protesters across the line.
The government's case collapsed during the testimony of a Capitol Police officer when it became evident that the government failed to provide adequate discovery to the defense. One of the documents which was withheld included a "police sensitive document related to terrorism." A motion for judgment of acquittal was granted.
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3—-[Des Moines, IA] Twenty five activists intended to occupy Sen. Hillary Clinton's campaign headquarters until the senator agreed to pledge to bring an immediate end to the war in Iraq and to veto further funding of that war if she is elected president. When
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2—[Arlington, VA] Nine individuals braved 30 degree weather and 20 mph winds to visit Hillary Clinton’s headquarters in solidarity with Voices for Creative Nonviolence’s SoDa POP (Season of Discontent, a Presidential Occupation Project) campaign. Participants carried signs and a mock coffin, and there was a costumed Hillary Clinton as Lady McDeath.
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"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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