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DC Death Penalty Trial

 

Two Charleston Peace members, along with six other co-defendants, have been found guilty of violating a statute prohibiting anyone from displaying a banner "designed or adapted to bring into public notice a party, organization, or movement" on the grounds of the United States Supreme Court in Washington, D.C. The charges were incurred on January 17 of this year, the 30th anniversary of the execution of Gary Gilmore, which was also the first execution in the United States since reinstatement of the death penalty.

Arrest video/Blowback: No Nos Moveran  


On that day, nine members of the Abolitionist Action Committee unfurled a 30 foot banner reading "Stop Executions" on the Supreme Court steps. They were confronted by many police officers and instructed repeatedly to cease and desist, and when they refused, the nine were arrested and spent the next 30 hours in Washington jails. Frank Dew then pled no contest and was fined $50 and given six months probation. Beth Brockman, Brian Buckley, Ron Kaz, Scott Langley, Rachel Lawler, Tom Muther, Jack Payden-Travers and Anna Shockley said that they were not guilty and, at their request, were given a trial date of June 28th, one day before the 14th Annual Fast and Vigil to Abolish the Death Penalty, which takes place on the grounds of the Supreme Court. They were also ordered to stay away from the Supreme Court until after their trial.

The eight decided, with permission from Judge Diaz and with advice from attorneys Mark Goldstone and Carrie Ellis, to defend themselves. Jack delivered the opening statement ; Beth questioned the only government witness; Scott questioned defense witness Anna; Brian questioned defense witness Ron; Rachel listened to the testimony and then delivered the closing statement based on on what was said, altering what she had prepared or just written after hearing the testimony in response to questions from Judge Diaz.

Judge Diaz explained that there were several cases (including that of Abe Bonowitz, the organizer of the Fast and Vigil that was to begin the next day) indicating that it is permissible to regulate speech on the Supreme Court Plaza, and he therefore found the group guilty. In anticipation of an appeal, he had the entire trial recorded by a court reporter, explaining that the court microphones may not be sufficient to record a trial with so many defendants.

 The govermnent attorney asked for a small fine, a year's probation, and to have all of the defendants banned from the Supreme Court grounds for one year. The group had planned to have Rachel deliver the sentencing statement for everyone and to allow anyone who wished to make short additions, but Judge Diaz asked for a statement from each defendant. Several defendants made passionate statements opposing the death penalty. Anna told the judge that the group did not plan a similar direct action in the next year (knowing that this protest happens every five years) and therefore did not need to be banned from the grounds. Ron described some of the treatment the defendants received during their time in jail, being crammed into small steel cages in huge halls, listening to a fellow inmate screaming all night, and then having their feet shackled so tightly that he developed a sore that took three weeks to heal. He said that the group had suffered enough already.

Judge Diaz sentenced the group to time served. He rejected the government's request for probation and a stay-away order. This made it possible for most of the group to join the 14th Annual Fast and Vigil to Abolish the Death Penalty, which began the following day. 

 

 
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