Criticizing Cops is Not a Crime - Free Carl Eller Demonstration

FREE CARL ELLER! JAIL RACIST JUDGE MABLEY!
Demonstration: Wednesday, March 4th, 12:00 noon
Hennepin County Government Center, Main Floor
300 S 6th Street, Minneapolis

On February 24th, Judge Daniel Mabley had former Vikings player and now police brutality survivor Carl Eller taken from the court room in shackles after sentencing him to 60 days in the workhouse to "send a message" that anyone--especially a person of color--who dares to tell the truth about police and the court system will be dealt with harshly in his courtroom. Never mind that criticizing police, courts, or any aspect of the government is a First Amendment-protected activity. Knowing how high profile this case was, Mabley wanted to send a message loud and clear to the whole community that there would be a price to pay for any such criticisms.

Interestingly, while criticizing branches of the government isn't a crime, hiding the squad car video of the incident is. This should have been grounds for immediate dismissal of the case. But Mabley had to have his "example" to use and no amount of police misconduct was going to stop him. His comments during the sentencing say it all (see below).

The community needs to come together to send a strong message to Judge Mabley that we are not going to tolerate judicial racism. Criticizing cops and the courts is not a crime! Join us for a demonstration at the Hennepin County Government Center to demand justice for Carl Eller and to condemn the conduct of Judge Mabley. Free Carl Eller! Jail Racist Judge Mabley!
___________________________________________________________
TO SEND A MESSAGE, JUDGE LOCKS UP ELLER
By ROCHELLE OLSON, Star Tribune
February 24, 2009
http://www.startribune.com/local/west/40080412.html?elr=KArksUUUU

Over the sobs of his mother and the pleadings of his lawyers, Minnesota Vikings Hall of Fame defensive lineman Carl Eller left a Hennepin County courtroom in handcuffs Monday to begin serving 60 days in the workhouse.

District Judge Daniel Mabley refused a request from defense lawyer Albert Goins that Eller be given 24 hours to get his affairs in order. "Let him preserve his dignity," Goins said.

The judge declined, saying Eller had called the court and police corrupt, racist and biased. "I have to send a message that I do not find credible what he has asserted," Mabley said. "The best way I can to that is to take him into custody."

The duration of the sentence and immediate jailing surprised most in the courtroom. Goins gently patted Eller as he was led away in his subdued, classic suit. The former Viking did not turn around as he was led out.

His mother, Ernestine Eller, sobbed, "Don't do this. I need him to go home with me. No, no, no."

The courtroom scene closed the curtain -- for now -- on an 11-month legal roller coaster that started on the North Side early in April when officers on patrol saw Eller in a Mercedes G-Wagen speeding west on 8th Avenue N. and driving through a stop sign.

Despite sirens and lights on a police car in pursuit, Eller didn't stop and get out of his vehicle until he pulled into his north Minneapolis garage, police say. Officer Gil Antaya testified about how he and officer Seth Porras tried to arrest Eller but were manhandled by the 6-foot-6, 270-pound Pro Football Hall of Famer, who also threatened to kill them. Eller didn't relent until backup arrived.

Eller, who came to Minnesota in 1960 to play for the Gophers, initially faced four charges, including a felony. But two of the charges were dropped in an arrangement with prosecutors. He was found guilty by Mabley of two gross misdemeanors.

Mabley sentenced Eller to at least two months in the workhouse out of a four-month sentence on a fourth-degree assault charge involving a police officer. He was also given a two-month sentence for refusal to submit to chemical testing. The sentences will run concurrently. The judge fined Eller $1,500 for each charge.

The sentence exceeded what Assistant Hennepin County Attorney Judith Hawley sought from the court. She asked for a 60-day sentence that could be served at home on electronic monitoring. "The goal of the state has not been to have Mr. Eller incarcerated," she said. "Our goal has been to keep Mr. Eller sober."

No special treatment

She said the case wasn't handled any differently because of Eller's high profile. "He has a serious problem with alcohol," she said. Hawley also requested that Eller be given classic "hands-on community service" as opposed to being allowed to work for a foundation.

Both of Eller's lawyers said he is sober. Goins asked that Eller be sentenced to 30 days on home monitoring. "If Carl Eller goes to the Hennepin County workhouse, it's going to be a prescription for disaster," Goins said.

Lawyer Rick Petry cited Eller's reputation and history of serving the community "nobly and with honor."

Before the sentencing, the two police officers each told the judge about damage to their reputations.

Antaya said, "Mr. Eller still contends we assaulted him and he has been treated unfairly."

Porras said, "I am a good, hard-working officer. I do my job to the best of my ability. ... [Eller] continues to place blame on us for doing our jobs."

In his only comments to the court, Eller said, "this has been a difficult time for everyone" and said he was "saddened by the events that happened."

The incident caused him to evaluate his behavior and realize he was "on a path that was not healthy."

Judge highly respected

Mabley, a rather quiet, bespectacled judge who is highly regarded on the bench, said he was less concerned with Eller's testing refusal than he was with the conviction for assault on an officer. Mabley said there was nothing wrong with Eller disputing the court's findings, but he said "misleading the public through your access to the media is another."

He added, "Your main concern is the effect on your reputation."

Eller's lawyers declined to comment.

After he is released, Eller will remain on probation for four years.

In 2006, Eller pleaded guilty to fourth-degree drunken driving while refusing a chemical alcohol test. His two-year probation ended in March.

Eller has filed a federal lawsuit alleging police intentionally hid or destroyed video evidence from the fight.