New RNC Charges Highlight Vindictive Prosecutorial Tactics

Recently, the City of St. Paul filed new charges against four individuals arising from incidents that occurred during the 2008 Republican National Convention. Nearly a year has passed since the RNC, so this begs the question: why has the City of St. Paul suddenly decided to file these?

The answer isn’t surprising: some, if not all, of the individuals charged may eventually file their own civil lawsuits against the City for various violations of their rights during the first week of September. The new charges are simply vindictive attempts to head these suits off at the pass through intimidation … a tactic by now overly familiar to those of us who have observed the workings of the courts in RNC cases.

Individuals who had their rights egregiously violated in both Minneapolis and St. Paul – and this is no small group – shouldn’t be dissuaded from filing such lawsuits. It’s outrageous that the City continues to misuse its prosecutorial powers to silence dissent and further cover up the widespread police brutality in the streets last September. If the city’s prosecutor’s office is interested in doing its job, they would be pursuing the police and other agents of the state for their violence rather than their victims.

Further, by filing these bogus criminal charges, the city continues to avoid or delay their responsibility, failing to hold those in power accountable to the people. Most likely, these types of distraction tactics will fail if the defendants choose to fight them – but the cost and time involved for both sides brings to mind the old saying “Justice delayed is justice denied.” The RNC convention misdemeanor cases rarely result in a conviction before a jury, and in fact, state-sanctioned crimes have been committed in the court room, where the police or other agents of the state have routinely perjured themselves on the witness stand.

But sadly, none of this is unusual, nor is it limited to the RNC cases – the State assiduously avoids addressing its own violence against the community and uses vindictive prosecution to protect itself from consequences. In another recent and closely-watched example, the cops got away with murder of Fong Lee, avoiding paying the family any monetary compensation, avoiding any criminal charges, and giving the appearance that this type of conduct is okay if you happen to wear a uniform.

So for those who continue to delay and deny justice in the numerous recent cases of police brutality, we shouldn’t stand idly by and accept complacency and silence as an acceptable response from those in power. After all, the current City Attorney, John Choi, plans to run for higher office, seeking to replace Susan Gaertner as Ramsey County Attorney. Gaertner, in turn, is prosecuting the RNC 8 and other felony cases while at the same time eyeing the Governor’s mansion. The current courtroom shenanigans related to the RNC have everything to do with Ramsey County’s and Minnesota’s political future … a bleak future, indeed, if those who so actively work to silence dissent through the misuse of their power find themselves in positions of even greater authority.

Civil Litigation Begins…We Need Your Help!

The Civil Litigation crew of CRASS has been patiently working to create a legal support framework for our community to fight against the police abuses and terrorizing of dissent that we experienced during last year’s Republican National Convention. We are ready to assist lawyers in going on the offensive against the system that had us jailed, attacked, prosecuted, and gassed. Civil litigation is a slow process but the lawyers are moving towards filing the first suit against the mass arrests of last year.

The framework has now been created and your participation as witnesses, volunteers, or plaintiffs is crucial. Our first focus will be on the mass arrests at Shepard Road. If you were arrested at Shepard Road, see below for information from an attorney with the National Lawyers Guild and consider contacting them to get involved. Attorneys and legal workers are currently looking into other RNC incidents from which suits may be filed. We hope as our capacity grows that lawyers will be able to take on additional cases of collective action against the state, police, sheriff, and other agencies who are responsible for the militarization of our communities and attacks on dissent last fall. Info about additional suits will come out as fast as we are able to get it together.

If you were not arrested at Shepard Roadd or another mass arrest situation and want to pursue civil action for how you were treated by police during the RNC, we can suggest 2 options:

• Find a lawyer who will handle your case. We have some names of lawyers who may be interested in handling your case. You can contact us at suethebastards@riseup.net.
• Fill out our intake form and send it to us. We will keep these forms in secure locations and we will make sure that lawyers are presented with your information to see if they are interested in your cases. Intake forms are available at http://www.rncaftermath.org/resources/civil-litigation-forms/

Thank you for your continued interest and participation. We intend to win these cases as one of many strategies we can use to fight back against state repression and police violence.

Yours in struggle,

CRASS

And now the note from the lawyers…

The Law Office of David L. Shulman, with the assistance of Robert Kolstad and volunteers from CRASS, is investigating violations of civil rights that occurred on September 1, 2008, at Shepard Road in St. Paul, Minnesota during the Republican National Convention. We believe that government actors violated the civil rights of persons by the use of unlawful detention and/or arrest, excessive force in the form of pepper spray and other chemical weapons, and other forms of excessive force. It is possible, even likely, that other civil rights abuses also occurred.

If you were at Shepard Road on September 1 and believe your civil rights were violated or if you witnessed the violation of others’ civil rights, we are interested in talking to you. Our purpose in doing so is two-fold: first, we want to hear first-hand from you what took place on Shepard Road. Second, we want to gauge the level of interest of individuals in participating in a civil lawsuit intended to hold responsible public officials and law enforcement personnel.

If you are willing to discuss your experience at Shepard Road, please call us at 612-870-7410, or you may email Robert Kolstad at bob@robertkolstad.com.

ADVERTISING MATERIAL

Dave Mahoney Still Has a Posse: Solidarity in the Face of Vindictive Prosecution

Monday morning in Ramsey County District Court, RNC activist Dave Mahoney pled – under pressure and significant duress – to a single count of second degree assault, a felony. Instead of going to trial on the 10 felony counts stemming from a single invented incident, Dave and the office of Ramsey County Attorney Susan Gaertner agreed to a plea bargain. Given the disproportionately ferocious, political prosecution, Dave and his attorney evidently found it in their best interest to agree to a 90-day cap on jail time, reduction of the (single) felony charge to a gross misdemeanor after the sentence is served, and the ability for Dave to return to his native England after the jail term. With credit for good behavior and time served, Dave is looking at 56 days or less in jail, as opposed to the decades possible if he had lost at trial.

Of the dozens of RNC charges heard in open court, authorities have not won a single conviction. The manipulation and reliance on overtly authoritarian pressure evidenced in Dave’s case is indicative of the only tactic the state has left to justify the police brutality and fiscal waste characterizing the RNC and its aftermath. Dave faced two, then six, and ultimately ten charges. First accused of aiding and abetting the drop of a bag of sand in front of a slow-moving delegate bus on a closed highway exit ramp, authorities then levied a count of terroristic threats and assault for each so-called “victim” on the bus who claimed to feel “terrorized.” All together, Dave eventually was looking at decades behind bars and a dramatically tainted jury pool until the prosecution made the sudden plea offer last week. The absurdity of the state’s persecution should be apparent, but so should the impossible position in which Dave was placed. Indeed, what would you do under similar circumstances?

In a letter to his lawyer last December, prosecutor Richard Dusterhoft called his case “by far the most serious RNC case I have” (an assertion we find silly at best). He has referred to Dave as the “poster boy of the RNC” in open court. Similarly, during the presentation of the Heffelfinger-Luger Report in January, Andrew Luger called the alleged bag of sand incident “the most frightening moment of the convention,” apparently overlooking the pre-emptive raids, state-sponsored shutdown of downtown, and hundreds of brutal injuries caused by police.

It is, of course, too much to ask that agents of the state consider such things. The cognitive dissonance could prove fatal, what with so many careers to further, so many dollars to grab, so many atrocities to excuse. If an activist like Dave — whose community believes him, as we do, completely innocent of the anything resembling assault or terror crimes (if in fact there was ever a crime at all) — has to serve months in jail on a politician’s whim, so be it. There are, of course, priorities. That those priorities fail to align with common sense or justice is neither here nor there.

Back in reality, Dave, his comrades, and friends — from England to the Twin Cities and beyond — are not guilty of assaulting delegates. Rather, they and we are launching assaults on the interlocking systems of injustice and oppression which keep all of us in one form of prison or another. Like Dave, we didn’t and don’t commit this assault with bags of dirt or pointed fingers; we attack the system with continuous, relentless organizing in a diversity of forms, seen and unseen. That those who benefit most from temporary power fail to recognize this should surprise no one.

The state-sanctioned kidnappings of our friends by cartoonishly villianous stooges like Bob Fletcher – the very embodiment of corruption and contemptible, scabrous sleaze, as even the mainstream press and the FBI are starting to realize – and the subsequent legitimizing of these crimes by other criminally smarmy agents of the state should not stop anyone. Until borders have been broken and police prevented from terrorizing our communities in the manner they do every day, we will continue to assault any system that withholds our basic needs and denies our wild dreams.

Due to the nature of these battles waged within the confines of the criminal injustice system, there is of course more to be said — but it must wait. If you, too, have dreams of love, rage, and freedom, perhaps you too can say some of it under your breath. More important than what we can or cannot say, however, is what we can do.

The RNC happened in our community, but the interests it served and the repression it entailed are fundamental to the structure of this society … indeed, the world system. Don’t forget. From the RNC 8 to the RNC Others; the Tarnac 9; the AETA 4; and all those past and present – defend ALL targets of state repression.

RNC 8: rnc8.org

Jesse Forrey, currently on trial call: supportjessejames.wordpress.com

Christina Vana and Karen Meissner: helpmkethree.blogspot.com

Write to Glenn Dyer, incarcerated in Ramsey County until at least June 13, at:

Glenn David Dyer
297 S. Century Avenue
St. Paul, MN 55119

Write to the Texas Two, Bradley Crowder and David McKay, serving 2 and 4 years in prison, respectively, as well as Matt DePalma, at (this address will change in a few weeks):

Sherburne County Jail
13880 Highway 10
13880 Business Center Drive
Elk River, MN 55330-4601

Anti-oppression training on Sunday, May 24th!

CRASS Presents: A Community Anti-Oppression Workshop

Sunday, May 24
Noon-4pm
1050 Selby Avenue, St. Paul (E of Lexington)

Coming up on 9 months after the RNC: most charges have been dropped, relationships have grown (or been strained), and struggles for justice continue.  But WHO is continuing to do this work?   Who is not?  Towards which ends and by which processes are we re-formulating our long-term goals?  For what reasons did we struggle last September in the first place?

At this workshop, a facilitator from Training for Change who has a long history of engaging in revolutionary struggle will help us engage in examining how we work with each other as we strive for our radical visions.  Warning: this workshop will NOT be a place to address individual conflicts, to engage in “oppression Olympics” (CRASS supports olympic resistance!), or to leave feeling our anti-oppression commitment has been completed.  On the other hand, this workshop WILL be a place for confronting issues of privilege, identity and accountability; developing and learning concrete strategies for ally work; and stepping towards the stronger communities we must maintain in order to achieve revolutionary goals of any stripe.

Community Anti-Oppression Workshop
Sunday, May 24
Noon-4pm
1050 Selby Avenue, St. Paul

Please plan to attend and bring a friend.  This shit is important because our liberations will always be bound together.

P.S. Below is a short list of background reading for people who are interested.  This reading is in no way a requirement to attending the workshop – just some additional resources from varied voices which CRASS takes no particular stand on.

White Allies_Tatum
zzspalding–Shut The Fuck Up
zzUnpackingTheKnapsack
zzWhite Identity_Tatum 1
zzWise on Priv

Next meeting & upcoming anti-oppression training!

Don’t forget about our next meeting!

Sunday, May 17, 12-2pm
Hosmer Library meeting room
347 E. 36th St., Mpls

And keep your eye out for more information about the anti-oppression training we’re helping coordinate on Sunday, May 24th from 12-4pm. We’re still trying to arrange a space, so let us know if you have any ideas. And we’ll be sending out the final details soon!

RNC 8 Support Events Coming Up Soon!

Our comrades in the Friends of the RNC 8 are keeping up the pressure on Susan Gaertner! Dropping the terrorism charges against the 8 was the smart move on Gaertner’s part, but her attempts to criminalize dissent will not be overlooked simply because she does one decent thing. Help keep the pressure on her! Come out to these events to learn more about the RNC 8, how their case affects us all, and how you can help defend them and our abilities to organize.

For more information, check out http://www.rnc8.org.

Defend the RNC 8! The Struggle for Justice After the RNC
Wednesday, April 29 – 7pm
Coffman Student Union Room 324
University of Minnesota
300 Washington Ave. SE, MinneapolisThe RNC 8 are a group of Twin Cities residents, nearly all in their 20s, who were initially charged with conspiracy to riot in furtherance of terrorism under the Minnesota version of the Patriot Act. Although recently the terrorism charges were dropped, they still each face 5 years in prison for organizing peaceful direct action against the Republican National Convention last September. Come hear them tell their story, and find out how and why to get involved in their defense campaign. Speakers include Gay Bicking, mother of Monica Bicking of the RNC 8 and the RNC 8, including University of Minnesota student Max Specktor.

Hellraiser Outside Susan Gaertner’s Fundraiser
Thursday, April 30, 5-7pm
801 Washington Ave., Minneapolis , Suite 302 (home of David Potter and Darwin Lookingbill)

Come make some noise at Gaertner’s next fundraiser. And look forward to a special announcement from the RNC 8!

Rush-hour Picket at Susan Gaertner’s Campaign Office
Tuesday, May 5, 4:30-6pm
1821 University Ave. W., St. Paul, (corner of University and Fairview), Suite 116

As Gaertner struggles to raise money for her floundering campaign for the DFL governor endorsement, she’s also continuing another type of political campaign … one that could land community organizers in prison. Please join us on Tuesday, May 5, from 4:30 p.m. to 6 p.m. to picket Susan’s campaign office during the height of rush-hour visibility. We can’t afford to let the pressure up now!

Tour de Fletcher a success!!

The Tour de Fletcher was a grand success! About 50 people met up at Powderhorn Park in Minneapolis to tour the houses raided under the direction of Ramsey County Sheriff Bob Fletcher on the Saturday before the RNC. And many more joined the group at the Walker Community Church for a fantastic lunch. In all, the event raised around $400 for the RNC 8’s legal defense fund. This was one action for the National Day of Solidarity with the RNC 8.

Even with all the fun and community building we experienced on Saturday, we were faced with extreme police harassment and intimidation. The police followed our ride and had several bike cops ride amongst us. As we were leaving our second stop, they arrested one rider who was leaving to attend another event. Two members of Coldsnap Legal Collective were able to bail him out within a few hours, but the police presence and arrest were unwarranted. We continue to face repression for organizing together and standing in solidarity, but their tactics will never stop us!

See the full story and a great video at http://tc.indymedia.org/2009/mar/video-rnc-8-supporters-mobilize-police-continue-intimidation.

FUNdraisers this weekend!

Come join us at these awesome events this weekend!

Friday, March 27th
SUBSTANCE presents…Manifeststation
featuring Sage Francis, Building Better Bombs, B. Dolan & Cecil Otter of DOOMTREE and SFR, and the God Damn Doo Wop Band.

First Avenue, Minneapolis
18+ (Main Room), $13 in advance, $15 door, 8pm
* All Ages Pre-Show at 7th Street Entry, 4pm, $7, featuring Cecil Otter, The Battle Royale, Big Cats and El Guante of Tru Ruts

A show to launch Substance as an organization and continue the Ripple Effect, started during the RNC, merging music, arts, and activism. Come check out the cool bands and the super-duper rad CRASS table with all kinds of free lit!

Tickets and info at: www.manifeststation.org

Contact: info@livewithsubstance.org

Partners: Global Exchange, Will Steger Foundation, CRASS, HECUA, Honor the Earth, Oxfam Action Corp, Knowmore.org, HIRE MN, Blue Sky Guide, YEA MN

- To volunteer, contact info@livewithsubstance.org, or kiley@livewithsubstance.org

- If you work with an organization that would like to be involved, email katie@livewithsubstance.org

Saturday, March 28
the TOUR de FLETCHER: RIDE FOR THE RNC 8
Part of the Saturday, March 28 National Day of Solidarity with the RNC 8

This first week of spring, get on your bike in solidarity with the RNC 8! Reclaim the sites of last fall’s RNC raids in the Tour de Fletcher.

Join us on this legal, fun ride visiting and reclaiming the sites of Sheriff Bob Fletcher’s pre-emptive raids. Put the brakes on bogus terrorism charges! There’ll be activities, speakers, surprises, and more ways to ride with the RNC 8, eight members of our community facing possible prison time in response to their effective political organizing.  Whatever the weather – we ride together!

Here’s the schedule – Come for all or part of the day:

• 10:30am: GATHER @ Powderhorn Park in Minneapolis, by the rec center
• RIDE to…
  • 3500 Harriet Ave.
  • 3240 17th Ave.
  • 2301 23rd Ave.
• 12:30 (approx.): LUNCH at or near Walker Church, 3100 16th Ave. S – a sliding scale fundraising event for the RNC 8 legal defense. After lunch, if you’re up to it…
• 2:00: RIDE to 949/951 Iglehart Ave and 627 Smith Ave (the convergence space) in St. Paul
• Stay tuned for possible events in the evening!

Brought to you by Friends of the RNC 8, CRASS (Community RNC Arrestee Support Structure), the RNC 8 Defense Committee, and supporters like you!

For more info on the RNC 8, including background, legal updates and downloads: www.RNC8.org. Other events on the National Day of Solidarity: www.RNC8.org/M28. Contact Friends of the RNC 8: info@rnc8.org.

Important court updates from earlier today!

For all of you in the Twin Cities, please read this message and head to the courts in the morning. For those of you outside of the Cities, keep on the lookout for more info on the important trials going on this week.

A message from the CRASS Courtwatch Working Group…

This day turned out to be an emotional, stressful one for David McKay, one of the Texas 2 (http://www.freethetexas2.com). David is accused of making Molotov cocktails during the RNC. He’s already gone through one trial, which was declared a mistrial. The jury couldn’t come to a verdict, likely because they couldn’t determine if snitch Brandon Darby entrapped David.

David’s re-trial was scheduled for this morning at 9am. Due to threats by the state to subpoena co-defendant Bradley Crowder to testify against him as well as threats to enhance Crowder’s sentence which has yet to be determined, David was prepared to enter a guilty plea this morning. The judge initially refused to accept the plea, asking which facts had changed to warrant a change of plea. The prosecution and the defense spent the rest of the afternoon discussing the guilty plea and what the government would or would not agree to do in exchange for such a plea.

The two parties have until tomorrow at 9 AM to come to some resolution of the plea agreement. Otherwise, either McKay pleads guilty without benefit of an agreement, or the case goes to trial.

There is no one with David in court for him this time–no friends, no family, just us. He needs our support! Go show your solidarity with David!

Tuesday, March 17, 9am
US District Courthouse, Room 15E (Judge Davis)
300 S. 4th St, Mpls

For more information on David’s trial, visit http://tc.indymedia.org.

The full message is below, but first check out other people who need your support!

If you’re in St. Paul or can get down there, there are several other people who need support in court. Two defendants have a trial beginning tomorrow morning at 9am, and another one has jury selection beginning at 9am. Go show them some support as well!

Tuesday, March 17, 9am
Ramsey County Courthouse
15 W. Kellogg Blvd, St. Paul

Room 1380 (Judge Fetsch): Jury trial for 2 defendants.

Room 1580 (Judge Wilson): Jury selection for 1 defendant.

Full Message about David McKay

Trial was postponed until tomorrow morning at 9am. The prosecution wants to put Bradley Crowder on the witness stand at McKay’s next trial. Crowder is unwilling to testify. Since he hasn’t been sentenced yet, the defense argues that 5th amendment rights still apply. The prosecution has moved that the court “immunize” Crowder as far as sentencing goes, (so that anything he testifies to will not affect his sentencing) and “compel him to testify.” The judge agreed to this. If there is a trial, Bradley Crowder can be called on (and required) to testify.

After this, David McKay attempted to enter a guilty plea, but Judge Davis repeatedly asked which facts had changed to warrant a change of plea. In other words, why was he innocent before, but guilty now? (The judge calls this “looking for a factual basis” for the plea change.) David repeatedly said that he was “trying to take responsibility for my own actions.” He said that the decision to build Molotov cocktails was his, he went and bought the materials, and he assembled them in the bathroom. The prosecution tried to get David to renege on his earlier testimony regarding entrapment. They wanted him to say definitively that Darby did not entrap him, that it was not Darby’s idea to build Molotov cocktails, and so on. They seem to be trying to get him to say that he lied on the witness stand. But McKay wouldn’t back down. He stood by his previous testimony.

The conundrum posed by the plea change is this: When David stands by his previous testimony, the judge says that there is no material change in the facts to warrant a guilty plea. And when he tries to tweak his testimony to accomodate the prosecution’s demands, the judge says, “Where are you getting these revelations?” Clearly the judge is inclined to believe that David was telling the truth the first time.

The judge strongly warned the defendant and his attorney that if he were asked to consider entrapment evidence at a sentencing, the standard would be “the preponerance of evidence.” Whereas at a trial, the government would have the burden of proof to prove that McKay was not entrapped and prove it “beyond a reasonable doubt.” This is a very significant difference, emphasized the judge. “I’m just trying to protect your rights, here,” he said. David nodded.

After several rounds of these exchanges (and in spite of the fact that the judge had already called for a jury twice, and potential jurors were standing out in the hallway), the defense was still trying to enter a guilty plea, and the judge relented a bit. He agreed to let the prosecution and the defense discuss the guilty plea and what the government would or would not agree to do in exchange for such a plea.

The attempted plea deal was that McKay would plead guilty to all three charges, the prosecution would forgo the “level 4 enhancements” to sentencing, and the judge would not be bound by any sentencing guidelines. Unless McKay repudiates his trial testimony (essentially admitting to perjury), the prosecution will not agree to a plea deal. McKay can still plead guilty without a deal, but the prosecution will reserve the right to pursue the maximum sentence. And if he goes to trial, they will put Bradley Crowder on the witness stand.

The two parties have until tomorrow at 9 AM to come to some resolution of the plea agreement. Otherwise, either McKay pleads guilty without benefit of an agreement, or the case goes to trial.

Our advice: Go to court tomorrow! David is a gutsy young man struggling with very difficult issues. There is no one there in court for him this time–no friends, no family, just us. NLG Attorney Ted Dooley says that court is the loneliest place in the world. A show of support might make this difficult time a little less lonely.

Join us in suing the bastards!

Were you in the Twin Cities during the RNC? Arrested? Attacked by the cops? Intimidated out of exercising your rights?

If so, join us in suing the state to hold them accountable for what they did to us in the streets!

We’re  seeking potential plaintiffs to sue the state. If you feel your rights were violated–whether through excessive force or police brutality, an unlawful arrest/search, mistreatment in jail, or the suppression of your first amendment rights–then you might be a good candidate for an individual, small group, or class action suit. Let’s sue the bastards!

To get involved, send us an intake form so we can help coordinate communication and plan our political & legal strategies in support of civil litigation. The intake form is available on our Resources page.  High-quality info will be heading your way on our low-traffic announcement listserv.

Complete  your form and send it to us at:

CRASS Civil Litigation
c/o Coldsnap Legal Collective
PO Box 50514
Minneapolis, MN 55405

You can send us intake forms and potentially take part in civil litigation even if you were unable to file a Notice of Claim form last month. Lots and lots of information about RNC civil litigation is available on the Sue the Bastards! Civil Litigation Working Group’s page, and you can contact us at suethebastards@riseup.net.

Please help us spread the word about intake forms and let us know how we can help you. As always, we’ve got your back!