Mahoney Sentenced to 90 Days; Will Likely Serve 56

UPDATE: Mahoney was originally denied vegan food at jail. | Visiting info and more

Dave Mahoney - prosecutor Richard Dusterhoft's "poster child of the RNC" - was sentenced to 90 days in jail by Judge Paulette Flynn in Ramsey County Court today.  With four days credit for time served plus good behavior, Mahoney will likely serve 56 days of the sentence, making his last day in jail September 2--the one year anniversary of the Poor People's March on the RNC in St. Paul and two days before the anniversary of his arrest.

Arriving in court wearing a "Defend the RNC 8" shirt and with 20-30 friends alongside, Mahoney put on a sweater before facing Judge Flynn.  Speaking in support of him, attorney Bob Kolstad said that he was "honored to have been chosen to represent Mr. Mahoney," and referenced his close ties family and friends whom he said "are very dedicated to what I consider a valid cause."

After serving the sentence, Mahoney will return to England.  His ability to do so was a sticking point in the plea agrement negotiations last month.  Under the plea, he pled guilty to one count of second degree assault in exchange for nine other felonies being dismissed.  Should he return to the United States during the seven years of his probation, Mahoney is requird to inform the Ramsey County probation office and submit to their supervision.

In court, prosecutor Dusterhoft's rhetoric was typical but limited.  He asked Flynn to follow the plea agreement - she did to the letter - and called the offense "very serious - it could have been a lot worse."  Kolstad, however, asked for a shorter sentence and that half of it be served under home monitoring, a request Flynn denied.  Kolstad also referenced the recently deceased Secretary of Defense Robert McNamara and the fact that he never served time for his continuous crimes against humanity, while Mahoney's alleged crime was "in constrast, only a few moments of his life."  Mahoney declined to say anything in his own behalf.

Reading the sentence after referring to the "large number of letters that spoke highly of Mr. Kolstad" (she then corrected herself to "Mr. Mahoney"), the judge then read the wrong text for sentencing.  She referenced a possible sentence before the stay of imposition agreed to in the plea which gave Mahoney 21 months in jail rather than 3.  A few seconds went by until attorney Kolstad corrected the error; Flynn chuckled before correcting her mistake.

When Flynn's speech was over. Mahoney was taken straight into custody after hugging Kolstad, and supporters threw their fists in the air.

Afterwards, well over $100 was collected on the spot and visits to the jail began to be arranged.  Dave can be written at:

David Terrence Mahoney
297 S. Century Ave
St. Paul, MN 55119

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