The Case May Be Settled but the Score Is Not

Regarding The State of Minnesota v. Christina Vana & Karen Meissner                       

 

Today, the chains were not lifted from our friends lives’, but perhaps the weight of their bonds are more defined, more certain. Today, Tuesday, September 1^st, 2009, Christina Vana and Karen Meissner pled guilty to felony assault in the 2^nd degree, for their part in the massive demontrations during the 2008 RNC in St. Paul, Minnesota. They received a plea deal, with the State agreeing to grant them a Stay of Imposition (meaning the felony charge will be dropped to a misdemeanor after succesful completion of probation), a maximimum of 90 days jail time, and the possibility of doing Sentence to Serve as a jail alternative. They face up to 7 years probation. This was a depatarture from the sentencing guidelines, which would normally call for prison time. Their Sentencing is on Tuesday, November 10^th, 2009, at 1:30 p.m in front of Judge Warner at the Ramsey County Courthouse. Please show up and make court a slighty more festive endeavor!

There are several ways to view a plea agreement. From one perspective, it is a generous offer from the State, when they have the ability and intention to quench any inkling of resistance and throw us in jail. On the other hand, when we take a deal instead of going to trial, we participate in our own prosecution. It’s just a step away from locking ourselves into our own jail cells. That’s not to say we aren’t forced into these situations, and when we can keep ourselves or friends out of jail without incriminating others, it’s a wise decision.

Despite the judge’s praise of the many supporter’s cooperative behavior, let’s not forget that our outward docility is just a façade, a strategic decision and a postponement of our true feelings towards the cops and courts.  It makes a Judge’s job much easier if we sit back quietly while the “fair and impartial” trial railroads free human beings. Of course a Prosecutor will appreciate our silence as he slanders our friends to their faces, drags our names through the mud and convicts us with a Powerpoint Presentation.

            In the past year we’ve seen many friends ensared by the wide nets of state repression. The unfortunate rioters filter in and out of Ramsey County Jail, and the question remains,: Where do we go from here? How do we continue to build networks of resistance and foment social change and rebellion in the wake of such widespread repression? Tomorrow Dave Mahoney will be released from captivity, but the jails are still filled with kindred spirits. The Milwaukee Three’s cases may be resolved,  but their convictions and the evidence mentioned by the prosecution will be used to vilify and prosecute the RNC 8. Jesse James Forrey faces up to 5 years in jail after being convicted of property damage in St. Paul. We’ll need all the strength and support we can muster in the coming months and years. The path of resistance is a rocky one that rambles on, but for ourselves, our wild companions and wilder creatures, we’ll keep stumbling forward and perhaps find pieces of a world we want.

 

Those who know Christina and Karen are encourage to write character letters to the Judge, requesting a sentence with no jail time. These must be addressed to The Honorable Judge Teresa Warner, Ramsey County Court and can be sent as an attachment to helpmkegirls@gmail.com, or inquire by email where to mail or fax letters. Also feel free to donate any amount to help with Karen and Christina’s legal costs, estimated at $40,000, via their website.

 

Also, please show up to the sentencing of Jesse James Forrey, on September 17^th at 1:30 p.m in front of Judge Flynn at the Ramsey County Courthouse. He faces up to 5 years in jail and appreciates any support we can give him.

 

http://helpmkethree.blogspot.com/

http://supportjessejames.wordpress.com/

http://rnc8.org

 

Notes from Monday August 31^st, 2009

 

Cast of Characters:

Judge Teresa Warner

Prosecutor Richard Dusterhoft

Defense attorney Barbara Nimis represents Christina Vana

Defense attorney Ted Dooley represents Karen Meissner

 

Prior to beginning jury selection, Judge Warner brought up several issues regarding motions the defense had previously filed.

 

State does not oppose joinder. Judge checks for conflict. Dooley waives objection for client. Nimis likewise. All agree on having a joint trial. Rule on joinder (MN Criminal Code 1703.2)

 

Defense motion to suppress evidence from search and seizure due to traffic stop on Sept. 1^st.

 

Judge: Not a traffic stop

Police executed a search warrant at Max Specktor’s home

Max not home

Police stopped him on a pick-up and hold warrant

            Officers stopped vehicle, placed Max under arrest

            Cites case law: Marilyn etc. for routine traffic stop­.

            This was not a routine stop.

Driver identified with expired Texas license.

Other occupant refused to ID

No valid driver.

Vehicle towed and inventoried.

Photographed occupants and contents of vehicle.

The evidence is permissible

 

Dooley: Warrant for 3500 Harriet Ave. The motor vehicle was excluded from the warrant by MN case law. They would have needed a 2^nd warrant. For the sake of appeal, let the record show it was a faulty stop and warrant.

 

Dusterhoft: Disagrees, there was an outstanding warrant for Specktor

 

Warner: Cites unpublished case from Court of Appeals on June 23^rd ’09, MN v. Jarvis Hoffman which cites Marilyn v. Wilson and Pennsylvania v. Nimms. Ordering people out of vehicle doesn’t violate the 4^th amendment. Warner had no testimony for police, and limited police reports, but thinks this wasn’t a routine traffic stop

 

Next issue, the attire of potential witness who is a Philadelphia police officer.

 

Dooley: Wearing a uniform can influence and persuade the jury. A cop from Philly isn’t on duty and shouldn’t be wearing uniform. Asks court to disallow cop from testifying in uniform. “All people should be equal in the eyes of the court.”

 

Dusterhoft: Officers aren’t usually on duty when testifying. He was licensed in MN to help with RNC under the joint powers agreement, appropriate to wear uniform.

 

Warner: will request to limit apparel. This was litigated on, cops can wear uniforms if that’s what they have when they come to court.

 

Dooley: 2^nd issue, general discovery asked for records of officers, internal affairs etc. Haven’t been informed of anything.

 

Dusterhoft: There’s no proof they have records, he has no obligation to search. This is a fishing expedition.

 

Dooley: All of this is a fishing expedition

 

Warner: Happy to have a short hearing, doesn’t see the need to get into this.

 

Dooley: Sergeant Rotheker, on potential witness list, testified in Daniel Bon’s trial, who was accused of breaking a window. Rotheker testified about client. He has a tendency for name calling. Asking that Rotheker be instructed to not use pejorative labels such as anarchist, black block.

 

Issue about defense receiving witness list in a timely manner.

 

Dooley requests that witnesses be sequestered. Two defense witnesses leave, as well as plainclothes Sergeant Jay Maher.

 

Warner: Issue about the word intent. Quotes Dooley’s request to “prohibit prosecution witnesses from using the word intent.”

 

Dooley: Intent is an element of the crime, and has to be proven beyond a reasonable doubt. Only the defendant can say what their intent was.

 

Warner: won’t caution witnesses on the words they use. Brings up evidence from Convergence Center and 3500 Harriet Ave.

 

Dooley:  The clients are charged with a specific act at a specific place, a bridge over I-94. Many people were coming into town to protest, this has nothing to do with the charge. The evidence will prejudice the jury and has no probative value. There’s come documentation from Smith Ave. (Convergence Center), if the prosecution wants to use that evidence, use it all, such as pamphlets about being a medic. There was all kinds of stuff at Harriet Ave, irrelevant and highly pejorative. Regarding the traffic stop, only their identification is relevant, besides physical proximity to items seized from van. Photos, videos and testimony will speak for themselves. If this evidence is allowed, the behavior of police should be allowed in.

 

Dusterhoft: There was a search warrant executed at 627 Smith Ave. Some of the documents seized were: “Why the RNC?” which said to throw energy into day 1 of protests, block intersections and bridges, had a 3 tier plan. “Unconventional Strategies” mention sector 5, where the alleged incident occurred, block freeway offramps, noRNC.org. “RNC Welcoming Guide”, shows protestor with gas mask, gloves, black clothing, describes 7 sectors, start strong on 1^st day, says sector 5 was claimed by the Midwest cluster, and defendants are from Milwaukee.

At 3500 Harriet Ave, items were seized. Meissner’s journal, with phone numbers in it, talked about intersection slowdowns, giving your name as “Jesse Sparkles” to the police (which Vana allegedly did). Mentions Plan B, the Convergence Space phone number. Has permitted and unpermitted march times, reconvening at Bash Back intersection. “Crash the Convention” poster mentioning noRNC.org website. Sector maps, slingshots.

During the van stop, K. was driving, Mahoney was in the car. There were caltrops, helmets, fireworks, spring-loaded punches. The 1^st day of convention, defendants blocked intersections and traffic. There was a plan, and intent. They had nothing against particular police officers, they wanted to stop the delegates from getting to the convention.

 

Dooley: Picture with glove and mask is irrelevant, looks like Michael Jackson. It doesn’t matter if they had intent to block traffic, or if they knew other protesters. They’re charged with assault, there’s no proof of this intent.

 

Warner: Says evidence is admissible, and puts the actions of defendants into perspective for the jury, but cautions Dusterhoft against taking it too far.

 

Judge and Counsel discuss the possibility of taking jury to the site of the alleged crime to see the area with their own eyes, instead of 2-dimensional video and photos. Warner says a colleague once granted this request, she’ll consider it.

 

Warner: About jury selection, MN Criminal Code 2603.6 says if there’s more than 1 defendant, extra peremptory challenges are allowed (a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason).

 

Defense and prosecution agree on 5 peremptory challenges for each defendant, and 6 for the prosecution.

 

Short recess before jury selection.

 

(Incomplete) Potential Witness list:

Deputy Jason Anderson, Sheriff Bob Fletcher, David Gottschalk, Brian Hilbert, Jay Maher, Ryan Murphy, Stephanie Myer, Paul St. Martin, Nick O’Hara, James Pembroke, Sergeant Rotheker, Tim Tuthill, Deputy Greg Barr, Joel Leonard, Craig Martin, Matt Wenty, Joel Weir (FBI), Rachel Neighting, Brandon Darby, Marilyn Hedstrom, Chris Dougar

 

Jury selection began after the recess, but was never completed before the case was resolved.