David McKay may take plea deal in FBI entrapment case Monday
UPDATE 3/17 10:30am: Judge decides to accept the guilty plea - details to follow. [Current details about entrapment dimensions coming up.] 12:50pm: Strib summary says entrapment claim dropped, McKay now held until sentencing. COINTELPRO still works, score another round for feds' provocateur playbook; pressuring multiple defendants worked for them.
UPDATE 3/16 2:50pm: No jury selection today. Potential jurors were in hallway as defense, prosecution debate plea. Judge will issue final decision on whether to accept plea at 9 am Tuesday. It is possible he may accept the plea, but seems unlikely. Important note for observers: 15 minutes before hearing, an arbitrary ruling that no backpacks will be allowed in the gallery. Don't bring a backpack! [Strib story on delay notes McKay doesn't fully withdraw prior claim he was entrapped]
UPDATE 3/16 2:15pm: Appears to be going into trial/jury selection. McKay attempts to plead guilty, but judge refuses to take the plea! [Judge may be convinced he was entrapped? Questions along these lines.]
UPDATE 3/16 9:30am: David McKay may take a plea to one charge of possession of a destructive device on Monday morning. Pressure to plea out has come from the government as co-defendant Bradley Crowder was to be subpoenaed for the first time to testify against McKay and was reportedly threatened with additional prison time (plus the Feds' credibility would be severely damaged by failing to convict him again). [Correction: It is now unknown if McKay could use an entrapment argument at his future sentencing.] All are invited to pack the courtroom at 9am Monday in a show of solidarity against dirty government tactics!
(original story below)
The retrial begins Monday March 16th, 9:00 AM, Room 15E, U.S. Courts Building, 300 South 4th St, Downtown Mineapolis. Back in early February, David McKay's first trial ended in a hung jury after more than a week of proceedings and deliberation. It is believed that the jury could not decide if FBI informant Brandon Darby's involvment qualified as entrapment -- they were concerned with the difference between "inducing" and "persuading" an action. After the case was declared a mistrial, Judge Davis, who is presiding over this upcoming trial as well, allowed David to post bond and return home to Texas for the first time since September.
Twin Cities Indymedia will be providing ongoing coverage of the McKay Re-trial. Read on for more info and other RNC felony-related news. (TXT 'follow tcimc' to 40404 to get TC-IMC Twitter court updates to your phone)
Twin Cities Indymedia coverage of January's trial. | Notes from Day 1, Day 2, | Hung Jury: McKay Free (Feb. 2) | Retrial: Statement from Twin Cities RNC Felony Working Group | Statement from Austin Informant Working Group | Free the Texas Two | Information on informant Brandon Darby
In January, McKay's lawyer and father expressed concernes that those watching January's trial would negatively influence the jury. While everyone is free to watch as they choose, there hasn't been a strong connection between McKay's defense and the rest of the post-RNC community, and if you choose to observe the trial, at least be aware that these concerns have been raised.
In other RNC Felony related news:
There are a total of twelve people who either have plead guilty or are still facing charges. Since October, six people have had their charges dropped or reduced to misdemeanors.
- Matt DePalma, who plead guilty to the possession of an unregistered firearm, was sentenced to 42 months last Tuesday. His case is completely seperate from that of the Texas 2 - McKay and his codefendent, Bradley Crowder. Corporate media article on DePalma. | DePalma's plea agreement from October. The informant mentioned in the Pioneer Press article is Andy "Panda" Darst. Information on writing to Matt will be posted when it is available.
- Bradley Crowder, the other half of the Texas 2, plead guilty in January. He is still in custody, awaiting sentencing. Crowder's plea agreement. In January, he was charged with another felony - aiding and abetting assault - relating to a seperate incident at the RNC.
- Extensive information on the Milwaukee 3 - Dave, Karen, and Christina - is available on their support page. Dave is currently being charged with 3 counts of aiding and abetting 2nd degree assault and 3 counts of terrorist threats. Karen and Christina, who turned themselves in on January 18th after learning that they had warrents out from their hometown's paper, are each being charged with one count of aiding and abetting 2nd degree assault. It is widely believed that the MK3, and Dave in particular, are being used politically to justify Saint Paul's Police state.
- One person plead guilty criminal damage to property and was sentenced to three years probabation in December.
- Another person plead guilty to first degree damage to property, and was sentenced to sixty days in the Ramsey County workhouse. He got out March 12th.
- One person plead guilty March 12th to criminal damage to property. He is being sentenced by Judge Fletsch, the same judge who handed out the sixty-day sentence.
- One person being charged with criminal damage to property is scheduled to be on trial call starting March 30 at 1:30 PM.
- One person is charged with obstructing legal process and is scheduled to begin trial call on May 6.
- One person is facing two separate cases for a total of six charges. The first includes conspiracy to commit first degree damage to property, aiding and abetting first degree damage to property, and riot in the third degree. The second includes aiding and abetting obstructing legal process, aiding and abetting fourth degree assault on a police officer - demonstrable bodily harm, and escape from custody. They are scheduled to begin trial call on April 8, but may not have trial until June to accommodate a school schedule.
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All are invited . . .
"All are invited to pack the courtroom at 9am Monday in a show of solidarity against dirty government tactics!"
All are invited by whom?
Margaret King
RNC Courtwatch
CORRECTION
Actually, it is believed that McKay will be allowed to introduce some entrapment arguments at his sentencing hearing.
As to Margaret's question, don't know who's signing the official invitation, but it's important that people show up to this important court event regardless.
All are invited by whom? some
All are invited by whom?
some people who think feds are naughty and david deserves support.
Actually, it is believed that McKay will be allowed to introduce some entrapment arguments at his sentencing hearing.
That's probably true. I think the key is just that they won't be able to call it "entrapment" per se? The end result being that the official history books are never going to say McKay was entrapped. But he'll still be able to talk about being coerced by Brandon Darby and the fact that Darby is, um, kind of a jerk. But yeah - that was kind of poorly worded in the article.
twists and turns!!
Those of us in the Austin community also appreciate the presence of court watchers! We value the information that has been passed to us from them. Many of us who may or may not testify (you know, depending on what happens tomorrow with the possible plea agreement, etc) feel mush better testifying knowing that ya'll will be there. I'd like to point out that David has not said whether or not he wants court watchers, but has been very acknowledging of what the presence of the radical community means to him in general. While his father and lawyer may want him to separate himself from the radical community, he has not done so, and it's him facing years in prison, not his father.
More than that the presence of court watchers is not just one of support, in fact I am sure many of you planning on court watching have varrying options as to how much support you want to give to David. In order to gather information about the state's tactics as well as those of snitchfucker darby, we need people in that court room with a radical perspective and context. It seems equally important that we send the state a message that we are watching them, just as they are watching us. In many politcally charged cases the state has activily sought to exclude citizens from watching, not because it might swing a jury, but because they do not want us to see the dirty tactics they employ, because they do want to be held accountable for their actions. See the cases of the Angola 3.
There is always a broader context that we must keep in mind. It means a lot to many people to see court watchers there. People who have not yet gone to trial may value their presence, as well. Not to be all "United we stand!", but when we present a show support, united against the state, it is comforting to others and can help them keep strong in the face of state repression. I know that it was the knowledge of this that helped me decide not to cooporate with the state when Texas activists were subpoenaed.
Let's show brandon snitchfucker darby what real solidarity is! please pack the court room for those of us in Austin who cannot be there! All of us are "the Austin Affinity Group", just as all of us are the Welcoming Committee, just as all of us are Albert Woodfox.
HOLA!
wat?
Readers from home are totally confused now....
so the judge rejected the plea bargain? when does that even happen? i've never even heard of that happening?
does this mean the judge thinks there is a very compelling case to find the mckay not guilty or is it a punitive thing - we want you to go to trial and get a full sentence, not plea down....
it may mean the judge thinks
it may mean the judge thinks there's a compelling case to find him not guilty. but the legal reasoning for it is that, after questioning mckay about his plea, the judge has not yet found a factual basis that mckay is guilty - as opposed to simpy taking the plea for the sake of possible sentencing leniency or to be done with the whole ordeal. whenever there's a guilty plea like this, the person making the plea has to tell the court the facts and circumstances of what s/he did, and the judge feels mckay hasn't fulfilled this requirement.
so in other words, today in court was totally insane - you had mckay and his defense attorney trying to argue (albeit very half-heartedly and hesitantly) that he was guilty, while prosecutor paulsen and the judge tried to argue that mckay was lying and he may not be guilty!
such is the craziness of federal court, i guess.
well, I don't propose to know
well, I don't propose to know what David or anyone should do in such a difficult situation. It is easy to say "fight them" when you not the one facing hard time -- but I hope that it goes to trial, and I hope that the judge lets more evidence re: entrapment in this time, and that there can be a not guilty verdict once and for all
am i correct in assuming that for plea bargains, the burden of proof would be on McKay to prove entrapment wheras for a trial the burden of proof would be on the govmint to prove entrapment did not take place beyond a reasonable doubt?
McKay trial
If McKay is telling the truth about Brandon Darby why does't he want Crowder to testify?
It's complex. Crowder and
It's complex. Crowder and McKay are friends. Crowder was being compelled to testify against McKay against his will. Crowder had so far said nothing about Mckay and on principle (ie not cooperating with law enforcement, aka not snitching) Crowder would either refuse to answer any questions at trial, or at best not implicate McKay, thus pissing off the feds and that would get him the maximum on his federal charges awaiting sentencing, plus whatever they could give him on the state charges, possibly running consecutively. The only possible way to avoid this situation was for Mckay to take a guilty plea. And honorably he did. The government knew their case was flimsy and played some last minute dirty pool.
A major piece of evidence against McKay widely used in the media - where he alledgedly talks about burning and maiming cops - was blown out of the water in the 1st trial, when it turns out the FBI strangely had no recording or transcript of it:
Earlier Tuesday, an FBI agent testified that although agents listened in on the conversation between McKay and Darby, he was the only one who took notes and that the conversation wasn't recorded. - Austin American Statesman, January 28th, 2009
...so to recap: really important conversation, agents are listening in, but don't record it. Only one agent takes written notes. How convenient. Gee, is all their evidence like that?
Well, it also comes to light in the earlier trial, that government informant Brandon Darby (aka ratf**k) broke FBI rules in ways which compromised the case and he is caught out in multiple lies (as we who know, know he does). The other government informant, Andrew "Panda" Darst, did not testify as his credibility was shot to hell after being charged with two domestic violence related, felony counts of first- and second-degree burglary as well as fifth-degree assault. Yeah, I wouldn't want to have gone back to trial with that horse sh*t either.
Sad day for Brad and David's family and friends. At least federal prosecuter Jeffrey Paulsen gets to keep his clean record (but not conscience), and FBI Agents Tim Sellar and Christopher Langlert don't get transferred to some rural backwater (for imcompetence).
so that's 3 people tossed in
so that's 3 people tossed in the gulag on plea bargains because of the potential for totally ridiculous sentences if found guilty and 3 people there solely because of 2 informants - one of whom is obviously a criminal, the other one who was clearly guilty of entrapment
what kind of bullshit thumbscrew tactics is that - it's like me robbing you and then offering to give me most of your money back as long as you let me hang onto a hundred bucks and then claiming you gave me a hundred bucks
I would have liked to see the case brought back to trial so that Mr. McKay could have proven his innocence through entrapment once and for all, but I have no illusions about the pressure to plea out and the horrible bind of the feds forcing one of your best friends to testify against you.
I will be writing letters of support and I urge you all to do the same.
A sad sad day in St. Paul.
A big fuck you to the feds, and an especially big fuck you to Darby and Panda.
support, updates, articles,
support, updates, articles, informant issues:
http://www.freethetexas2.com/
Sad day for Brad and
Sad day for Brad and David's family and friends. At least federal prosecuter Jeffrey Paulsen gets to Sohbet Odaları And Sohbet keep his clean record (but not conscience), and FBI Agents Tim Sellar and Christopher Langlert don't get transferred to some rural backwater (for imcompetence).
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