Sunday, August 31, 2008

National Lawyers Guild seeks to have judge review detentions of six activists by end of day

http://www.minnesotaindependent.com/6368/national-lawyers-guild-seeks-to-have-judge-review-detentions-of-six-activists-by-sunday

National Lawyers Guild seeks to have judge review detentions of six activists by end of day

125 By Molly Priesmeyer 8/31/08 11:00 AM

After the raids Friday and Saturday by the Ramsey County Sheriff's Department and the Minneapolis Police Department led to six arrests, the Minnesota Chapter of the National Lawyers Guild is seeking a judicial review of the "probable cause holds" being used to detain the six activists in the Ramsey County Jail.

Ramsey County can hold the arrestees for 36 hours on probable cause, a time line in place often used to gather evidence before formal charges are filed. However, weekends and holidays are not included in the 36-hour hold, which means all six of the activists arrested for "probable cause" could be held until Wednesday afternoon.

Bruce Nestor of the NLG told MnIndy that the timing of the arrests, and the subsequent holds without judicial review, were intended simply to halt protest activity. He says Ramsey County Sheriff Bob Fletcher has been conducting an ongoing investigation of the members of the RNC Welcoming Committee, an activist group planning protests at the RNC, for some time. If there was any evidence of conspiracy to start a riot, as Fletcher alleges, then they need to produce it, Nestor says.

"If they have evidence of a criminal act, then they should charge them," he says. "And if they can charge [my client, Monica Bicking] with a complaint, then we will go defend that in court. But right now they are just holding them. You can't just hold [Bicking] to prevent her from exercising her free speech."

Ramsey County Sheriff Bob Fletcher has already issued a press release calling the arrestees "criminal anarchists" (see press release below), though no formal charges against the six detainees have been issued. Nestor says Fletcher's office is using the language as intimidation and a smear campaign against those exercising their right to protest.

Below is the press release from the NLG. Below that is the press release issued yesterday from the Ramsey County Sheriff's Department regarding the raids.

PRESS RELEASE – PRESS RELEASE

National Lawyers Guild Seeks Judicial Review of Preventative Detentions Ordered by Ramsey County Sheriff Bob Fletcher

August 31, 2008 – The Minnesota Chapter of the National Lawyers Guild is seeking prompt judicial review of the preventative detentions of six citizen activists ordered by Ramsey County Sheriff Bob Fletcher.

Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Garrett Fitzgerald, and Nathanael Secor, are all currently being held on "probable cause holds" in the Ramsey County Jail after being transferred late last night from the Hennepin County Jail. In Minnesota, a prob able cause hold can be ordered by a police officer without a prosecutor or a judge reviewing a criminal complaint. Due to the arrest occurring on a weekend holiday, all six citizens can be held until Wednesday, September 3, 2008, without the filing of a formal charge.

Three of the arrestees are life-long residents of Minnesota. Two previously worked in early childhood education and passed background checks to obtain that employment. All have extensive ties to Minnesota, including employment and family members. One is a graduate of the University of Minnesota. None of the six arrestees have ever been convicted of a felony or crime of violence. One person arrested on Saturday morning, August 30th, was previously detained on Friday night at the St. Paul convergence center where he was photographed and identified. Despite being labeled a "key member" of a "criminal enterprise" and a planner of a "criminal conspiracy," he was released on Friday night even though Sheriff Fletcher had conducted a months long investigation, using informants, and presumably identified the "key leaders" who he claims were organizing riots and civil disorder.

All six arrestees appear to face maximum charges of a gross misdemeanor, punishable by a maximum sentence of one year in jail and a fine of $3,000. Absen t death or use of a firearm, a criminal charge of "Riot" in Minnesota is a gross misdemeanor. Minn. Stat. §609.71. A charge of "civil disorder" is a gross misdemeanor and requires proof that a person made or instructed another to use a firearm, explosive, or incendiary device to cause civil unrest. Minn. Stat. §609.669. Property damage in Minnesota under $1,000.00 is also a gross misdemeanor. Minn. Stat. §609.595.
Despite the incendiary and alarmist language used by Sheriff Fletcher, there is no evidence that the common household items and tools seized in the pre-emptive house raids were intended to be used to cause death or civil unrest. No judge or prosecutor has reviewed the allegations made by Sheriff Fletcher.

In light of the fact that none of the arrestees appear to face felony charges, their extensive ties to Minnesota, and their lack of any serious prior criminal record, attorneys for the National Lawyers Guild are seeking to have a Ramsey County judge review the detentions on Sunday, August 31, 2008. This would be an informal review at which a judge could dismiss the charges or set conditions of release. Media updates will be provided if such a review is held.
From Ramsey County:
________________________________________________________________________________

CRIMINAL ANARCHISTS ARRESTED AND EQUIPMENT SEIZED DURING SEARCH WARRANTS THROUGHOUT MINNEAPOLIS AND ST. PAUL ________________________________________________________________________________

On August 30, 2008 at 8:00 a.m. the Ramsey County Sheriff's Office, supported by the Minneapolis Police Department, Hennepin County Sheriff's Office and the Federal Bureau of Investigation, executed search warrants at the following addresses:

2301 23rd Ave South, Minneapolis, MN
3500 Harriet Avenue, Minneapolis, MN
3240 17th Avenue South, Minneapolis, MN

These search warrants were a part of an ongoing investigation regarding serious criminal acts involving key members of the RNC Welcoming Committee.

Ramsey County Sheriff Bob Fletcher stated, "This investigation pertains to actions of the RNC Welcoming Committee. The "Welcoming Committee" is a criminal enterprise made up of 35 anarchists who are intent on committing criminal acts before and during the Republican National Convention. These acts include tactics to blockade and disable delegate buses, breaching venue security and injuring=2 0police officers. They have recruited assistance in their criminal conspiracy from other anarchists groups throughout the country. Through their plans and actions they have exhibited a blatant disregard for the law and the safety of others."

During the searches a number of items were recovered, some of which included:

Materials used in creating "sleeping dragons" (pvc pipe, chicken wire, duct tape)
Large amounts of urine (including 3 – 5 gallon buckets of urine)
Wrist Rockets
Assorted edged weapons including a machete, hatchet and several throwing knives
Gas mask and filter
Empty glass bottles
Rags
Flammable liquids
Homemade Caltrops (devises used to disable buses in roads)
Metal pipes
Axes
Bolt cutters
Sledge hammers
Old tires (for burning)
Repelling equipment
Kryptonite locks
Empty plastic buckets cut and made into shields
Material for protective padding
An army helmet
Five persons were arrested this morning for probable cause conspiracy to riot, conspiracy to commit civil disorder and conspiracy to damage property. Those arrests are as follows:
At 2301 23rd Avenue South, Minneapolis, one individual was taken into custody:
Nathanael David Secor (DOB: 1/29/82)
At 3240 17th Avenue South, Minneapolis, three individuals were taken into custody:
Garrett Scott Fitzgerald (DOB: 2/28/83)
Eryn Chase Trimmer (DOB: 7/18/85)
Monica Rachel Bicking (DOB: 6/23/85)

And Erik Charles Oseland (DOB: 4/11/87) was taken into custody at an undisclosed location.
These individuals are being held at the Hennepin County Jail.

A portion of the property recovered will be on display at 2:30 PM today at the Ramsey County Sheriff's Office – 425 Grove Street – Media will enter security check-point on Grove Street and be directed upon arrival.

Any further information can be received through Holli Drinkwine at the Ramsey County Sheriff's Office (651-248-6653).
http://www.minnesotaindependent.com/6368/national-lawyers-guild-seeks-to-have-judge-review-detentions-of-six-activists-by-sunday

http://tinyurl.com/6c7fmx



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PRESS RELEASE – PRESS RELEASE

National Lawyers Guild Seeks Judicial Review of Preventative Detentions Ordered by Ramsey County Sheriff Bob Fletcher

August 31, 2008 – The Minnesota Chapter of the National Lawyers Guild is seeking prompt judicial review20of the preventative detentions of six citizen activists ordered by Ramsey County Sheriff Bob Fletcher.

Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Garrett Fitzgerald, and Nathanael Secor, are all currently being held on “probable cause holds” in the Ramsey County Jail after being transferred late last night from the Hennepin County Jail. In Minnesota, a probable cause hold can be ordered by a police officer without a prosecutor or a judge reviewing a criminal complaint. Due to the arrest occurring on a weekend holiday, all six citizens can be held until Wednesday, September 3, 2008, without the filing of a formal charge.

Three of the arrestees are life-long residents of Minnesota. Two previously worked in early childhood education and passed background checks to ob tain that employment. All have extensive ties to Minnesota, including employment and family members. One is a graduate of the University of Minnesota. None of the six arrestees have ever been convicted of a felony or crime of violence. One person arrested on Saturday morning, August 30th, was previously detained on Friday night at the St. Paul convergence center where he was photographed and identified. Despite being labeled a “key member” of a “criminal enterprise” and a planner of a “criminal conspiracy,” he was released on Friday night even though Sheriff Fletcher had conducted a months long investigation, using informants, and presumably identified the “key leaders” who he claims were organizing riots and civil disorder.

All six arrestees appear to face maximum charges of a gross misdemeanor, punishable by a maximum sentence of one year in jail and a fine of $3,000. Absent death or use of a firearm, a criminal charge of “Riot” in Minnesota is a gross misdemeanor. Minn. Stat. §609.71. A charge of “civil disorder” is a gross misdemeanor and requires proof that a person made or instructed another to use a firearm, explosive, or incendiary device to cause civil unrest. Minn. Stat. §609.669. Property damage in Minnesota under $1,000.00 is also a gross misdemeanor. Minn. Stat. §609.595.

Despite the incendiary and alarmist language used by Sheriff Fletcher, there is no evidence that the common household items and tools seized in the pre-emptive house raids were intended to be used to cause death or civil unrest. No judge or prosecutor has reviewed the allegations made by Sheriff Fletcher.

In light of the fact that none of the arrestees appear to face felony charges, their ex tensive ties to Minnesota, and their lack of any serious prior criminal record, attorneys for the National Lawyers Guild are seeking to have a Ramsey County judge review the detentions on Sunday, August 31, 2008. This would be an informal review at which a judge could dismiss the charges or set conditions of release. Media updates will be provided if such a review is held.

Contact: Bruce Nestor 612-991-9488 – President, MN Chapter of Natl Lawyers Guild



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MEDIA RELEASE

For Immediate Release
Contact: Michelle Gross 612-793-1612
Geneva Finn 612-387-0965

PRESS CONFERENCE:
CUAPB, NATIONAL LAWYERS GUILD AND OTHERS FILE EMERGENCY MOTION FOR TEMPORARY RESTRAINING ORDER


DATE: Sunday, August 31, 2008

TIME: 3:00 p.m.

LOCATION: Hennepin County Government Center Outdoor Plaza
5th Street between 3rd and 4th Ave S, Minneapolis

In the aftermath of a series of raids on the homes of activists and journalists, the National Lawyers Guild and Communities United Against Police Brutality (CUAPB) filed an emergency motion late yesterday asking weekend signing judge Mark Wernick to grant injunctive relief to prevent police from seizing video equipment and cellular phones used to document their conduct.

Examples of police interference with the right to document their conduct include the beating of CUAPB vice president Darryl Robinson while copwatching, seizure of equipment of three journalists with Glass Bead Collective, and the targeting of journalists during a raid on 951 Iglehart in St. Paul yesterday afternoon.

Another example is the action of Ramsey County Sheriff’s Deputies, who deliberately shut off CUAPB president Michelle Gross’ video camera while she was documenting Friday night’s raid from inside the convergence space. This action20prevented her from documenting the incident in its entirety. Despite their actions, Ms. Gross was able to capture about 7 ½ minutes of video and audio of the beginning of the raid, including use by deputies of a battering ram to force open the door to a upstairs theater where families were watching a film. Copies of this footage will be provided to media representatives in attendance at the press conference.

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National Lawyers Guild Condemns Fabrications of Ramsey County Sheriff Bob Fletcher and Preventative Detention Arrests

National Lawyers Guild Condemns Fabrications of Ramsey County Sheriff Bob Fletcher and Preventative Detention Arrests


The Minnesota Chapter of the National Lawyers Guild condemns the coordinated raids carried out by Ramsey County Sheriff Bob Fletcher against citizens planning to engage in demonstrations at the Republican National Convention.

The primary prop used by Sheriff Fletcher in his afternoon press conference, where he displayed items seized in three early morning raids conducted in south Minneapolis, were three buckets of alleged urine. As shown by inventory sheets left by law enforcement, these buckets were seized at 2301 23rd Avenue South in Minneapolis, MN. Two buckets contain grey water and were being used to flush toilets, to conserve water, in the upstairs bathroom. Both were identified in the inventory as "unidentified liquid." The third bucket, as shown by inventory sheets, was seized from illegal apartment over a garage in the rear. This apartment has been occupied for several years by a person unconnected to the house occupants or the RNC. No bathroom was in the illegal apartment and urine was collected in a bucket. This was listed as "unidentified yellow liquid" in the inventory sheets.

Bruce Nestor, chapter President of the Minnesota National Lawyers Guild, was present at both locations during the execution of the search warrants. "Police seized political literature, cellphones, computers, cameras, personal diaries, and many common household items such as paint, rope, and roofing nails. These items are present in almost any home in south Minneapolis and are not evidence of a crime," said Nestor. "Seizing boxes of political literature shows the motive of these raids was political. Sheriff Fletcher has staged a publicity stunt, violated constitutional rights, and misrepresented what was seized during the raids," he said. Another raid was carried out the evening before on a political meeting hall in St. Paul. Inventory sheets for that raid show that no contraband items were taken. Literature, computers, maps of St. Paul, and banners were the vast majority of the items seized.

In addition, during the raids, four persons were arrested without arrest warrants or formal charges. They are being held on probable cause holds for "Conspiracy to Commit Riot," which will allow their detention until Wednesday, September 3, 2008, at noon. Two other persons were also arrested without warrants, off the streets of Minneapolis, one after she addressed a mass rally of over 200 people at Powderhorn Park. "Conspiracy to commit riot was the charge used against the Chicago 8 after the police riots in Chicago during the 1968 Democratic Convention," said Heidi Boghosian, Executive Director the National Lawyers Guild. "Guild attorneys defended those charged in 1968 and we will do so again now."

For More Information: Bruce Nestor: 612-659-9019
612-991-9488



Bruce D. Nestor
3547 Cedar Avenue South
Minneapolis, MN 55407
612-659-9019 - Phone
612-436-3664 - Fax




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Friday, August 15, 2008

Listen to a Chicano primer in one hour with Rodolfo Acuna and Yolanda Alaniz

Listen to a Chicano primer in one hour with Rodolfo Acuna and Yolanda Alaniz

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Listen to a Chicano primer in one hour
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History and the Movement

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on The Jordan Journal

interview with Howard Jordan

WBAI, New York - 99.5 FM Pacifica Radio - Home
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