THIRTY ONE PEACE ACTIVISTS FACE JAIL
IF INVOLVED IN PROTESTS IN NEXT SIX MONTHS
Max Obuszewski
WHO: The National Campaign for Nonviolent Resistance (NCNR) was formed for individuals willing to engage in nonviolent civil resistance to protest the war in Iraq and pressure Congress to withdraw all troops. NCNR organized a die-in at the crypt of the U.S. Capitol on September 20, and thirty four activists were arrested during a dramatic attempt to convince Congress to cut off funding for the occupation of Iraq. Because the public rarely sees the endemic death and devastation caused by the occupation, the activists each wore a tee shirt splattered with red paint symbolizing the bloody conflict in Iraq and read the name of an Iraqi or U.S. soldier killed in the war. To further dramatize the conflict, each person fell to the floor. During the die-in, two participants held a banner “Rivers of Blood Start Here.”
WHAT : Thirty one of the activists appeared for trial in Superior Court of the District of Columbia on January 16 facing charges of disorderly conduct and unlawful assembly. They initially appeared before Magistrate Judge Richard Ringell who tried to convince the government to allow the defendants to each make a donation to one's favorite charity rather than go to trial. Assistant U.S. Attorney Jeffrey Shapiro rejected the suggestion, arguing that many of the defendants repeatedly break the law. The judge explained that jailing them will not deter the peace movement.
Nevertheless, the case was moved to Associate Judge Ann O'Regan Keary's courtroom, and Shapiro did prosecute. The activists went pro se, and assumed different roles during the trial. 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. Once in custody of the Capitol Police, each defendant had their photograph taken with this “arresting officer.” 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.
A number of defendants testified and sprinkled their comments with a severe condemnation of the war. Not one denied participating in the die-in, though each emphasized the solemn nature of the nonviolent drama. Testimony was provided that the group was not loud or boisterous, and did not obstruct any hallways. In fact, it was pointed out that the space occupied by the antiwar advocates was no larger than that of other groups present.
Yet on January 17, Keary found everyone guilty of unlawful assembly. Her rationale was that the tee shirts and banner were provocative and a breach of peace. She claimed that the die-in could have caused others to engage in violence.
Shapiro broke the defendants into three groups based on prior convictions, though his data was faulty. Keary gave suspended jail sentences to all ranging from three days to ten 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.
WHEN: January 17 & 18, 2008
WHERE: Courtroom 214, District of Columbia Superior Court, 500 Indiana Ave., NW, Washington, DC 20001
WHY: It was evident that the government would argue that since a protester was arrested, s/he was guilty. Shapiro consistently presents this argument in protest cases and does not bother to have a witness identify the exact criminal behavior of each defendant. Once again, a Superior Court judge accepted such a flawed prosecution .
What disturbed the defendants was Judge Keary's characterization that the nonviolent theater, most especially the tee shirts and the banner, could have caused others to get violent. No witness testified that anyone was angered by the die-in. In fact, defense witnesses testified that some visitors to the crypt applauded.
Many of the defendants expressed their disbelief that the judge claimed it was their intent to breach the peace. For example, one of the defendants, Max Obuszewski, reminded the court before sentencing that the striking garbage collectors in Memphis, TN, that Dr. Martin Luther King Jr. supported, marched with signs “I AM A MAN.” Using the judge's logic, those signs were a breach of peace because a racist could have gotten upset and possibly violent.
Many of the defendants traveled great distances to participate in the die-in and the trial. Janet Ashby, for example, works with refugees in Cambodia. Four women came from Massachusetts. Don Muller from Sitka, AK sought an apology from Shapiro, as the prosecutor described the action as inappropriate. Muller explained that the war is what is inappropriate not the efforts to end it. Sister Virgine Lawinger rode an all-night bus from Germantown, WI to testify about her efforts, while in Iraq, to prevent the war.
More than ten defendants have appealed the conviction, and more are expected to do so within the next thirty days. Two Washington, D.C. lawyers who witnessed portions of the trial have agreed to be involved in the appeal. Some of the defendants informed the judge they would not accept the sentence. A few said they would pay the fee, as long as the money went to the victims of the Iraq War.
Despite the conviction, the defendants were energized by the trial experience. And even though the government wants to stifle dissent, many defendants are already planning future antiwar actions. It is quite possible that some of the defendants will eventually be sentenced to jail by Judge Ann O'Regan Keary for probation violation. But the activists take seriously their Nuremberg Obligation to speak out, as this government continues to violate innumerable international laws.
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