(from the Community RNC Arrestee Support Structure)

from The Rag Blog: http://theragblog.blogspot.com/2009/05/james-retherford-brandon-darby-te...

David McKay

Minneapolis, May 21st, 2009 — After his first federal trial ended in a hung jury[1], Texan David McKay pled guilty in a second trial rather than letting his friend from Austin and co-defendant, Bradley Cro

Texas man sentenced to 2 years in RNC Molotov cocktail case

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

Originally printed in Revolution Newspaper:
http://revcom.us/a/158online/RNC-pt-2-en.html

Read Part 1 here

Part 2: Informants and Undercover Agents: The Government’s Strategy To Disrupt, Set Up and Attack Opposition To The Republican National Convention

by Leslie Rose

UPDATE 7pm: Bond was posted and McKay walked out of jail for the first time in 5 months this evening.

The case of United States vs. David McKay was declared a mistrial Monday afternoon when the jury was unable to reach a verdict. McKay was granted a conditional release, provided $25,000 bail or $2,500 bond can be posted. Unless the charges are dropped, a re-trial will commence on March 16.

UPDATE 4 PM MONDAY 2/2: NO VERDICT: MISTRIAL via HUNG JURY. Wow... McKay can be released on $25K bail or $2.5K security bond, return to Midland TX with these conditions: no arrests, no crimes, reside at father's home, don't threaten Darby or other witnesses, surrender passport, not to leave Texas except to come back to Minnesota, and submit to drug testing. Judge sets new trial for March 16th 9:30AM. More details to follow @ tc.indymedia.org.

UPDATE 2:40 PM MONDAY 2/2: Yes folks, still no verdict. Latest: Jurors want transcripts of testimony, which they usually can't get, and probably won't be able to this time. Still standing by...

After 10 hours of deliberation spanning two days, the jury in United States vs. David McKay has yet to reach a verdict. The question before the jury is whether or not McKay was entrapped by Brandon Darby, activist turned FBI informant, to possess unregistered destructive devices (count 1), illegally manufacture the devices (count 2), and possess such devices that had no serial number (count 3). For the entrapment defense to succeed, the jury must decide that Darby "induced or persuaded" McKay to commit the crime, and that McKay had no "intent or disposition" to do so before meeting Darby for the first time at the beginning of March, 2008.

After seven prosecution witnesses and three witnesses for the defense, including McKay himself, closing arguments in the dramatic trial concluded Thursday. Since then, members of McKay's family, supporters, media and interested observers waited anxiously for a result in the lobby of the courthouse. Now they'll have to continue waiting at least until the jury resumes deliberations at 8:30 on Monday. (More details in story below.)

Day 1 | Day 2 reports from Felony Working Group - Day 3 and 4 reports to be posted this weekend | Subscribe to TCIMC on twitter by texting "follow tcimc" to 40404 for a message as soon as the verdict is announced

The trial began on Monday with opening statements from Asst. U.S. Attorney Jeff Paulsen and McKay's lawyer, Jeffrey DeGree. Tuesday morning, the prosecution began presenting their witnesses. McKay's previous co-defendant Bradley Crowder took a plea agreement earlier this month and faces 30 to 46 months. Each of the three firearms charges still faced by McKay carry a maximum of ten years in prison. Activist-turned informant Brandon Darby testified earlier this week; FBI informant Andrew Darst (aka Panda) was on the prosecution's witness list but did not testify. It has been revealed that Darby has been paid approximately $12,000 by the FBI for assistance in this case and a case prior to meeting McKay and Crowder in February of 2008. Darby is also working on cases that "it's best not to talk about right now," according to FBI Special Agent Tim Sellers.