Reports from RNC 8 Hearing Wednesday

Here's a compendium of reports from the RNC 8's scheduling hearing this past Wednesday. With the new felony charges, the 8 face a maximum penalty of 12 and a half years in prison. Their next court date is a motion hearing on January 26.

Minnesota Independent:
http://minnesotaindependent.com/20527/judge-to-rnc8-see-you-next-year

Judge to RNC8: See you next year
By Chris Steller 12/17/08 11:37 PM

In a closed-door meeting with attorneys Wednesday, Ramsey County District Judge Salvador Rosas set a Jan. 26, 2009, hearing for pre-trial motions in the cases of eight activists known as the RNC8. The RNC8 are charged with felony-level terrorism for activity related to the Republican National Convention in September. Prosecutors added three new charges to the original count of conspiracy to riot in the second degree in furtherance of terrorism.

The new charges are conspiracy to riot in the second degree (without the terrorism enhancement); conspiracy to damage property in furtherance of terrorism; and conspiracy to damage property (without terrorism enhancement). The eight were arrested before the Sept. 1 start of the RNC.

Something else seems to have been discussed in Rosas’ chambers, but the parties weren’t talking about it afterward. Attorneys for the defendants and Janet Hafner, a spokeswoman for Ramsey County Attorney Susan Gaertner, said the judge asked them not to disclose details to the press. That request — which was not a formal gag order — was apparently breached almost immediately when defense attorneys discovered that Gaertner’s office had issued a statement, prompting the RNC8 attorneys to rush back to the judge’s chambers en masse. The result was that Gaertner’s office pulled back its release, which reads in part:

Contrary to the assertions of some individuals supporting them, the defendants are not being singled out for prosecution for political reasons, or to silence the free speech we all cherish. Plain and simple, they face these charges because they broke laws that apply to them, and to all others, equally. …The evidence shows that these defendants, rather than being victims of oppression, planned to deprive others both inside and outside the convention hall of their free speech rights through acts of violence.

The RNC8 Support Committee released its own statement, mostly prepared before Wednesday’s court date, asserting that the newly added felony counts amounted to “prosecutorial games meant to cloud public perception and to ensnare the 8 in a web of overlapping charges. … [T]he Prosecutor’s office is attempting to obtain a court order to keep the RNC 8 from sharing information about their case.” Gaertner’s retracted press release, the statement said, engaged in “defaming our character in an attempt to taint the jury pool.”

More than 50 people were in the courtroom, including the eight defendants (who stuffed themselves onto a single bench in the gallery), at least two of their fathers, 14 lawyers, three deputies, several reporters and one baby. Victor the bomb-sniffing dog searched the courtroom as people arrived, prompting one defense attorney to voice a tongue-in-cheek protest: “I find that offensive — as if we wouldn’t tell our clients to leave their bombs at home.”

The hearing came on the heels of a series of activity in support of RNC protesters facing charges, including Vernon Rodriguez of California, who was charged with a felony and whose trial was postponed by four weeks on Monday, according to a courtroom clerk. An announced effort to flood Gaertner’s office with phone calls demanding she drop charges didn’t amount to a noticeable uptick in call volume, according to the main desk receptionist at Gaertner’s office. But some in the courtroom today were still discussing a protest against St. Paul Mayor Chris Coleman at a downtown restaurant; that protest succeeded in generating at least several minutes of excitement. (Gaertner has announced her candidacy for governor, and Coleman is considering a run for that office.)

Whatever went on behind closed doors, the mood was light enough that one of the eight young defendants performed a handstand and a backflip while waiting for the attorneys to return from the judge’s chambers.

Friends of the RNC 8:
http://rnc8.org/2008/12/court-update-from-wednesday-december-17/

Court Update from Wednesday, December 17
December 18th, 2008

The RNC 8’s next court appearance, a motion hearing, has been set for January 26 at 1pm.

At that appearance, the judge will hear motions from the prosecution and defense, including a protective order requested by the prosecution which would prohibit the defense lawyers from releasing discovery to anyone including the eight co-defendants themselves, and possibly limiting the RNC 8 and their lawyers from sharing information about the case. There is a possibility that after the 26th, engagement with the media from the eight and their lawyers (as well as from the prosecution) could be prevented or severely limited.

A possible timeline discussed at the hearing speculated that discovery should be turned over and read by the end of March, and the trial itself may start by September - but quite possibly even later. It appears that at this point, the prosecution would prefer a show trial to an expedient process.

Given the reality that the RNC 8 will likely be limiting their interaction with the media soon, it will be even more important to provide strong support locally and nationwide. Organize events in your communities, and leverage your energy into the dual goals of freeing the RNC 8 from the legal system’s chains and using the community built around their case to strengthen our movement!

It’s clear that recent events and this week’s call-in days to Susan Gaertner (we got reports of jammed phone lines and a harried office) made the state feel threatened. On Wednesday, a larger than usual presence of Ramsey County Sheriff’s Deputies were present at court and tried to intimidate supporters in the hallway. But we have a support structure that they don’t! Let’s continue the strong court solidarity for the RNC 8 and other RNC-related cases, and keep our pressure campaign on high. Watch soon for information on activities surrounding the next RNC 8 court appearance on January 26.

Friends of the RNC 8:
http://rnc8.org/2008/12/response-to-susan-gaertner-todays-hearing-press-...

Response to Susan Gaertner, Today’s Hearing - Press Statement
December 17th, 2008

The following was read at today’s press conference by a member of the RNC 8 Support Committee. It is in response to today’s court appearance by the RNC 8 and a press statement released earlier by Ramsey County Attorney Susan Gaertner.

PRESS STATEMENT

As you may already know, early this week members of the RNC 8 were notified that they are now facing three new felony counts for a total of four. Along with their previous charge, Conspiracy to Commit Riot in the Second Degree in Furtherance of Terrorism, they are now facing: Conspiracy to Commit Riot in the Second Degree, Conspiracy to Commit Criminal Damage to Property in Furtherance of Terrorism, and Conspiracy to Commit Criminal Damage to Property.

Bob Fletcher, the Ramsey County Sheriff’s office, and Ramsey County Attorney Susan Gaertner would have you interpret this development as an affirmation of their guilt resulting from strong new evidence against them. On the contrary, the amended complaint from the prosecutor’s office offers up no new evidence for these charges - it merely refers back to the same material they’ve been using all along, but now with the alleged crime articulated four different ways. The prosecution does not have a strong case. They know this and so, in the absence of a certain conviction, they must resort to prosecutorial games meant to cloud public perception and to ensnare the 8 in a web of overlapping charges, hoping to confuse jurors into falling back on a single conviction in the face of too many possibilities.

In short, these new charges have been hoisted on their backs in an effort to terrorize the RNC 8 and hedge the weakness of the States case. Knowing that the “evidence” alone will not win a conviction, the sheriff and county attorney are grasping at straws, hoping to construct the illusion of guilt and turn the jury pool against the 8 before trial even begins. Unfortunately for the State, the RNC 8 have the strength of all their supporters behind them, and with that, will maneuver through whatever mind games the State throws their way.

In addition to these new charges, the Prosecutor’s office is attempting to obtain a court order to keep the RNC 8 from sharing information about their case - both amongst ourselves and with others. We believe that access to the media and the freedom to share information as their defense necessitates are fundamental elements of a functional court process, and are appalled at the prosecution’s attempt to limit our ability to execute an adequate defense. As Bob Fletcher, John Harrington, and Dave Titus grandstand about those nasty, violent protesters and wield unfounded allegations Gaertner’s office is attempting to bureaucratically gag the RNC 8 and keep the truth from the people of Minnesota. Today, even as the prosecution attempted to silence the RNC 8 through a court order, Susan Gaertner released her own statement to the press once again defaming our character in an attempt to taint the jury pool.

We will not stand for slander and we will not stand by quietly and let this gang of thugs in badges write the history books.

Statement from Ramsey County/2010 DFL Governor Candidate Susan Gaertner:
http://rnc08report.org/archive/590.shtml

My office is charged with protecting the public safety in Ramsey County while respecting individual rights by enforcing our state's criminal laws effectively and fairly.

Every day, law enforcement officers present cases to our prosecutors, and those prosecutors determine if criminal charges are warranted based on the facts presented to them, and on the law.

That is exactly what they did in the cases of the eight individuals who have been charged with conspiracy to commit second-degree riot and first-degree criminal damage to property during the Republican National Convention in St. Paul in September 2008.

Contrary to the assertions of some individuals supporting them, the defendants are not being singled out for prosecution for political reasons, or to silence the free speech we all cherish. Plain and simple, they face these charges because they broke laws that apply to them, and to all others, equally.

Thousands of their fellow citizens peacefully made their voices heard during the convention. There is real evidence, however, that a few individuals committed crimes intended to interfere with others' ability to exercise their First Amendment rights free of violence.

The evidence shows that these defendants, rather than being victims of oppression, planned to deprive others both inside and outside the convention hall of their free speech rights through acts of violence.

We would not be fulfilling out duties as prosecutors if we did not bring, or now dropped, charges against such individuals when we believe the evidence shows, beyond a reasonable doubt, that they have violated criminal laws that apply to all of us.

My office will continue to prosecute these cases as we would any other cases - fairly and without favor.