Saturday, April 11, 2009

Gaertner Drops Terrorism Enhancement Charges, Continues Criminalization of Dissent

Download the PDF of the amended complaint here:
http://rnc8.org/wp-content/uploads/2009/04/amd-cplt-rnc8-red.pdf

In the surest sign yet of the power of post-RNC court solidarity, Ramsey County Attorney Susan Gaertner has dropped two of four unfounded charges against the RNC 8. Caving to months and months of public pressure, Gaertner dropped one count of Conspiracy to Commit Riot in Furtherance of Terrorism, and one count of Conspiracy to Commit Criminal Damage to Property in Furtherance of Terrorism.

“We are heartened by the fact that our supporters have won this concession,” said defendant Nathanael Secor. “It’s taken a tremendous show of strength and solidarity over the past seven months.”

Originally facing a single charge–Conspiracy to Riot in Furtherance of Terrorism–Gaertner’s office added three additional charges against the eight defendants in December of last year. Now, two of those charges have been dropped, clearly demonstrating that all the charges are a matter of political maneuvering, not a reasoned look at the evidence.

On March 28, supporters delivered to Susan Gaertner’s office a stack of over 3,000 petitions urging her to drop all four charges. Among other statements, a resolution from the 17,000-member Duluth Central Labor Body in support of the RNC 8 was also delivered. National media attention, including an appearance on MSNBC on Wednesday morning, has drawn significant attention to the case at the same time as Gaertner is accelerating her campaign for Governor–having just hired full-time staffers, opened an office on University Avenue, and planned appearances at several DFL events in the next month. Additionally, the broad-based RNC 8 Defense Committee has succeeded in calling widespread attention to the Minnesota PATRIOT Act, and played an instrumental role in applying the pressure that led to this reduction of charges.

In removing the controversial MN PATRIOT Act from the debate at this moment, Susan Gaertner obviously hopes to defray the costs of this unprecedented prosecution on her campaign for Governor, and to mitigate the overwhelmingly negative public opinion of Ramsey County’s repressive behavior during and since the RNC.

“Make no mistake,” said defendant Luce Guillen-Givins, “This change to the complaint against us is a token gesture meant to placate our supporters and bolster a floundering political prosecution.”

As defendant Eryn Trimmer pointed out, “This move only focuses attention more acutely on the outrageous nature of the two remaining charges, Conspiracy to Commit Riot and Conspiracy to Commit Criminal Damage to Property.”

In the months leading up to the RNC, the defendants were involved in open, public organizing with a broad coalition of Twin Cities activists and community members. We continue to assert that the only “conspiracy” committed by the RNC 8 was to provide basic and necessary infrastructure for people who wished to engage in their fundamental right to dissent.

“We’re relieved and gratified that the most sensational part of the charges has been dropped,” said St. Paul peace and justice activist Betsy Raasch-Gilman, member of Friends of the RNC 8. She continued, “We hope that the conspiracy charges will also be dropped. If planning a protest can be called conspiracy, the right to free speech is in real danger.”

Friends of the RNC 8 asks Susan Gaertner to continue in the direction of justice by dropping all the remaining charges, thereby saving enormous financial resources for the people of Minnesota in this time of rampant foreclosures, unemployment and economic turmoil. We also remind supporters that while we should rightly celebrate this small victory, the time for increased action to defend the RNC 8 is now. Political organizing is not conspiracy. Dissent is not a crime.

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LEGAL UPDATE
Before we heard the news, we wrote up this legal update about last month's matters:

Near the end of March, Judge Teresa Warner proclaimed her ruling on the prosecution’s problematic proposed protective order, which was one of the main topics of last month’s proceedings. The ruling is about as favorable as could be expected, with the main point being that the eight will be able to receive their own copies of the discovery against them–rather than being forced to view it only in the offices of their attorneys, as the prosecution wished. The eight and their attorneys will have to sign a waiver prohibiting dissemination of the contents.

This batch of discovery - an entire 40 CDs and 40 DVDs worth - was produced by the procrastinating prosecutors a couple days after the promised March 31 deadline. Because the investigation is still active, the discovery can and does include so-called “evidence” gathered as recently as this month, and more discovery may be provided as it is, well, discovered. However, prosecutor Heidi Westby is refusing to release a handful of the discs of evidence, instead asking the eight and their attorneys to come downtown to view it. This appears to be in defiance of the order by Judge Warner.

Remember, folks: “active investigation” means the clicking noise on your phone might be the FBI, the zooming noise you hear might be Bob Fletcher’s telephoto lens outside your house, and that sucking sound all around is money being drained from social services in order to provocatively prosecute protesters as terrorists. Oh, and that howl of outrage and solidarity is coming from the thousands of people proudly proclaiming their support for the RNC 8, while learning how to fight pernicious prowling police tactics, to boot.

The next court date is now scheduled for May 26 at 9am in Ramsey County District Court. If Susan Gaertner’s office doesn’t drop the charges, prognosticators expect trial in September at the earliest, but more likely later in the fall.

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UPCOMING EVENTS - Mark your calendars:

St. Paul:
Sunday, April 19, 2-4pm:
Ramona Africa, spokesperson for MOVE, speaks on Repression and Resistance, Then and Now: From the MOVE 9 to the RNC 8
http://rnc8.org/2009/04/ramona-africa/
Ramona Africa will also speak on Saturday, April 18 on Hamline Law School:
http://tc.indymedia.org/2009/apr/prison-reform-project-hosts-ramona-africa-move-hamline-law-school

Minneapolis:
Friday, April 24, 1-3pm:
Jules Boykoff, author of Beyond Bullets: The Suppression of Dissent in the United States (AK Press) speaks at the University of Minnesota
http://rnc8.org/2009/04/boykoff/

Minneapolis:
Wednesday, April 29, 7pm:
Defend the RNC 8! Meet the RNC 8, family and friends, plus watch videos about the case at the Univeristy of Minnesota, Coffman Union 324. Sponsored by Socialist Alternative and Friends of the RNC 8
Details coming soon at http://rnc8.org

Los Angeles:
Thursday, April 30, 7pm:
Cinebang! and KIWA present Terrorizing Dissent and a discussion about the RNC 8 case
http://rnc8.org/2009/04/los-angeles-event-tuesday-april-30/

Minneapolis:
Sunday, May 3, All Day:
Visit the RNC 8 Defense Committee and Community RNC Arrestee Support Structure at the annual May Day Festival and Parade at Powderhorn Park, Minneapolis

Next Scheduled RNC 8 Defense Committee Meeting:
Sunday, May 10, 4pm
Walker Church, 3104 16th Ave. S., Minneapolis

Next Scheduled Court Date:
Tuesday, May 26, 9am
Ramsey County Courthouse, 15 W. Kellogg Boulevard, St. Paul

More events? Send your info to info@rnc8.org.

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