CITIZEN ACTIVISTS, ARRESTED ON THE U.S. CAPITOL STEPS, APPEAR IN COURT TO ARGUE FOR ADDITIONAL DISCOVERY

CITIZEN ACTIVISTS, ARRESTED ON THE U.S. CAPITOL STEPS, APPEAR IN COURT TO ARGUE FOR ADDITIONAL DISCOVERY

FOR IMMEDIATE RELEASE: May 11, 2016

Contacts: Malachy Kilbride 301-283-7627 or malachykilbride at yahoo.com;  or Max Obuszewski 727-543-3227 or mobuszewski at verizon.net

WHO:  On January 12, 2016, a group of citizen activists affiliated with the National Campaign for Nonviolent Resistance marched to the U.S. Capitol, and a delegation asked a Capitol Police representative to deliver to the office of the vice-president a petition calling on President Obama to deliver a Real State of the Union.  The hope was that Joe Biden could get the petition to Barack Obama, and that evening the president would present to the nation all of the problems facing this country.  For example, Obama would admit that the country is plagued by income inequality, maddening militarism and the horrors of climate chaos

  However, the police representative refused to accept the petition, but indicated he would grant a permit to demonstrate in an area away from the Capitol steps.  He was informed that the demonstration had already taken place near the Supreme Court.  The citizen activists were there expressing their First Amendment rights to petition the government for a redress of of grievances.   Because the citizen activists were being denied their First Amendment rights, they gathered on the legal portion of the Capitol steps holding a banner which read STOP THE WAR MACHINE EXPORT PEACE and sang “WE SHALL NOT BE MOVED.” Thirteen of us were then arrested and charged with “incommoding and obstructing.”

WHAT:   At an arraignment on February 3 in Superior Court of the District of Columbia, three of the defendants appeared – Malachy Kilbride, a Quaker from Montgomery County, Maryland, Max Obuszewski from Baltimore, and the venerable Eve Tetaz, with a walker, from Washington, D.C. Four defendants had their charges dismissed -- Martin Gugino from Buffalo, Phil Runkel from Wisconsin, Janice Sevre-Duszynska from Kentucky and Trudy Silver from New York City.  The government added another charge against the nine remaining defendants – “failure to obey.” Also the government had the judge issue a stay-away order from the Capitol.

  

   On February 8, the same three defendants appeared before Judge Wendell Gardner, Jr., and argued vociferously against a stay-away order from the Capitol.  The defendants indicated they were nonthreatening pacifists who had a constitutional right to visit the Capitol.  Judge Gardner indicated he would rule on this issue at the status hearing on April 22. 

    At the April 22 hearing, the government offered a plea agreement – charges would be dismissed if a defendant paid $50, accepted six months of unsupervised probation and a stay-away order from the Capitol during this time and agreed to file no further motions.  These defendants accepted the plea agreement:  Carol Gay from New Jersey, Linda LeTendre a Quaker from Saratoga Springs, New York, Alice Sutter from New York City, and Brian Terrell a Catholic Worker from Iowa.  Three of the five remaining defendants then asked the judge to rescind the stay-away order as they were being denied a constitutional right to hear arguments by their elected representatives in both the House and Senate chambers.  Also a stay-away is usually reserved for violent and threatening individuals.  However, the judge ruled in favor of the government.  He said stalkers “who are not violent” receive stay-away orders. Obviously, stalkers by their mere presence are violent individuals, but the judge didn’t understand. 

  After the defense filed a Motion to Compel Additional Discovery, Judge Gardner scheduled a hearing.  The government is opposed to releasing any more discovery.  Mark Goldstone representing Ms. Tetaz, Kilbride and Obuszewski will argue that the government must turn over more documents and material.

WHEN and WHERE: May 12, 2016 at 11 AM in Courtroom 220, D.C. Superior Court, 500 Indiana Avenue NW, Washington, D.C. 20001

WHY:  The government turned over discovery to Kilbride, Obuszewski and Tetaz in February.  It is severely lacking.  For example, the police report indicates we wanted to be arrested.  No, our intent was to deliver a petition. 

The government DVD given to the defendants only shows the arrests.  We are seeking the complete video taken by a Capitol Police officer which includes our request for an officer to take our petition to the vice president’s office in the Capitol.

Also Capitol Police officer John Gallo contacted Obuszewski on the morning of January 12 indicating awareness of the petition delivery.  So we are seeking all communications between Gallo and other officers and other agencies.  It is baffling that the government arrested peaceful citizen activists who were engaged in constitutionally-protected activity.  Why were we arrested?  Why are five of us including Joy First from Wisconsin and Joan Nicholson a Pennsylvania Quaker being prosecuted and facing a charge which carries a 90-day jail sentence?

See the defendants’ Motion to Compel Additional Discovery below.  The government’s response to the motion is that the requested information is irrelevant.  It would not surprise the defense if the judge ruled in favor of the government.  At the trial scheduled for May 23, the five defendants expect the government to present a case of you were there, you were arrested, and therefore you are guilty as charged.  The defense will nevertheless argue that their First Amendment right to petition the government with a redress of grievances was denied on January 12, and that the charges should be dismissed.  

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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

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

CRIMINAL DIVISION—D.C. & TRAFFIC BRANCH

DISTRICT OF COLUMBIA    :  Honorable Judge Wendell Gardner, Jr.

 MAX OBUSZEWSKI, pro se   : Court 220

                                                                                                                                                              

 MOTION TO COMPEL ADDITIONAL DISCOVERY

      This matter relates to an arrest that took place on the legal area of the steps of the U.S. Capitol on January 12, 2016. The pro se defendant Max Obuszewski is facing a charge of Failure to Obey a Lawful Order 18 DCMR 2002.1 and a charge of 22-1307 Crowding, Obstructing, & Incommoding. Obuszewski is scheduled for trial on May 23, 2016.

      As a pro se defendant, Obuszewski respectfully requests that an additional discovery process take place in which the government turns over all action plans, audiotapes, videotapes, documents, emails, files, photographs, police reports, transcripts of electronic transmissions which indicate prior knowledge that the defendant planned to visit an area near the U.S. Capitol on January 12, 2016 to have a Capitol Police officer deliver a petition to the office of the vice president.  The same type of information would be sought during the time the delivery of the petition occurred. This would include a complete copy of the audio and video tape taken by a Capitol Police videographer.  Also requested would be any documents relating to data gathered by Stingray technology. This Motion also seeks a copy of the January 12, 2016 U.S. Intelligence Report for the Capitol.

       Also to be provided would be all intelligence, including action plans, amassed on the National Campaign for Nonviolent Resistance, Dorothy Day Catholic Worker, Code Pink and others involved in planning the January 12, 2016 petition delivery.   Finally, the defendant requests all communications to and from John Gallo of the Capitol Police relating to this petition delivery.   All relevant material should be provided to the defendant two weeks prior to the trial date scheduled for May 23, 2016.

_______________________________________________________________________

_____________________

Max Obuszewski

431 Notre Dame Lane

Apartment 206

Baltimore, MD 21212

mobuszewski@verizon.net

410-323-1607

A courtesy copy of the Motion was emailed on April 21, 2016 to

Randle T. Wilson

Assistant Attorney General

Suite 1060

Criminal Section

441 4th Street, NW, Suite 1060N

Washington, D.C. 20001                                                                                                                                     :                                                                                                                                                                            

    :v.                                                                                                                                            :  Status Hearing Date April 22, 2016