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 Legal Updates 08/23/01 Update from: R2K Legal Remaining Cases and Civil Suits Update Hi everyone, As y'all know, we have had one amazing year. We have learned a lot, and although our strategy has changed, we have continued to maintain our goal of supporting the felony defendants and high level misdemeanors. Not one person has been convicted of a felony charge at trial and not one person has gone to jail. I am not sure if many of us still thought we'd be working so hard a year later, however we are committed to supporting defendants until every one is out of the system. Here is where we stand as far as which cases we have left and how we are fighting to win them. The Van Case 8 Trial Date: November 5, 2001 The 9 van case defendants who went to trial back in February 2001 were convicted in Municipal Court (MC) of possession of an instrument of a crime, conspiracy to obstruct justice, conspiracy to obstruct a highway, and conspiracy to commit disorderly conduct. 6 defendants chose to appeal the decision to Common Pleas Court (CPC). Two defendants appealed by a Writ of Cert (appealing of judge's ability to make a fair ruling) with a trial date that is to be determined, and one defendant chose not to appeal. The SOA Watch 5 Trial Date: October 2, 2001 Many School of the Americas (SOA) Watch activists were arrested on July 31, 2000 during a street theater performance. Five of them took their case to court and had their charges thrown out in fall 2000 on a selective prosecution motion. However, in spring 2001 the District Attorney won an appeal on the ruling in CPC. They currently retain their misdemeanor charges of obstructing a highway, conspiracy to obstruct a highway, disorderly conduct, and resisting arrest. The "Misdemeanor Four" Trial Date: November 28, 2001 Two codefendants who were convicted at their Municipal Court trial of low-level misdemeanors are appealing in Common Pleas Court and have a trial date set for November 28th. Two other misdemeanor defendants still facing trial do not have a date set yet. The "Timoney 3" Trial Date: Not Set The three people charged with felonies and allegedly being involved in an "altercation" with Philadelphia Police Commissioner John Timoney, yet to be borne out with any kind of evidence, had many of their felonies thrown out in fall 2000 in CPC. Timoney and the District Attorney, publicly agitated by this, appealed to Superior Court (SC). The process of appealing a judges ruling in SC could take 1-2 years. Written briefs have been filed by both the prosecution and defense. The next step in the process is oral arguments likely to happen in the next few months. A tribunal of judges then decide on the merit of the appeal, and grant or deny it. This may not happen for up to a year from now, but once it occurs, the case is sent back to CPC for trial. If the appeal is granted in SC, their original charges will stand in CPC. If the appeal is denied in SC, their charges will be drastically reduced -- one defendant will have no felonies, and the two others will have fewer and reduced felony charges. Civil Suits There are a few civil suits now filed against the police and city of Philadelphia. They were filed in the following chronological order: Medic Civil Suit A group of people acting as the R2K Medical Collective were harassed by police during the RNC and filed suit on civil rights violations in fall 2000. This suit has not gone to trial yet and is currently being handled by David Rudovsky's firm. Michael Graves' Civil Suit The owner of the puppet warehouse filed suit on civil rights violations in fall 2000 after being acquitted of all charges. His case has not gone to trial and is being handled by David Rudovsky's firm. Tamara Sisson Civil Suit An individual who was arrested in the puppet warehouse filed suit on civil rights violations in fall 2000 after being acquitted of all charges. Her case has not gone to trial and is being handled by David Rudovsky's firm. Puppet Warehouse 6 Civil Suit Six people arrested in the puppet warehouse filed suit on civil rights violations in Spring 2001. Their case has not gone to trial and is being handled by Andrew Erba's firm. Terrence McGuckin's Civil Suit Local Philadelphia activist who was arrested on August 2, 2000 and accused of being a protest "ringleader" filed suit on civil rights violations in Spring 2001 after being acquitted of all charges. His case has not gone to trial and is being handled by David Rudovsky's firm. John Sellers' Civil Suit Activist arrested on August 2, 2000 and accused of being a protest "ringleader" filed suit on civil rights violations in Spring 2001. His criminal case was withdrawn by the DA minutes before going to trial. His civil suit has not gone to trial and is being handled by Lawrence Krasner's firm. Puppet Warehouse 50(?) Civil Suit Eleven plaintiffs arrested in the puppet warehouse filed suit on civil rights violations on August 1, 2001. The rest of the plaintiffs will be added to the suit over the next few weeks. Their case has not gone to trial and is being handled by the firms of Paul Hetznecker and Lawrence Krasner. In Solidarity, R2K Legal |
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