texas two

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

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

full transcript - http://www.democracynow.org/2009/1/6/prominent_austin_activist_admits_he...

AMY GOODMAN: We asked Brandon Darby to appear on the program, but he’s declined our request, citing the upcoming trial at which he’ll testify.

http://news.infoshop.org/article.php?story=20090105210456610

The following mainstream media story has been confirmed by the RNC Felony Working Group. We are calling for those who are able to make it to come out and pack the courtroom, and for those who can't to support the defendants in whatever ways they can, whether it be by sending mail, acting in solidarity in whatever ways people see fit or simply monitoring the outcome of this case. These cases, like all RNC-related cases, affect us all.

Trial date set for men accused of making Molotov cocktails

"Mr. Darby would not provide details about his undercover activities, but said he had also worked as an informant in cases not involving the convention."
...
"He wore recording devices at times, including a transmitter embedded in his belt during the convention."

January 5, 2009
Activist Unmasks Himself as Federal Informant in G.O.P. Convention Case
By COLIN MOYNIHAN
http://www.nytimes.com/2009/01/05/us/05informant.html