ALL CHARGES DROPPED Against Three Protesters Arrested At Bush Rally!

[DistressedAmerican]

Many of you no doubt remember the case of the Westfield NJ Nine. They were arrested at a Bush Social Security rally in New Jersey back in march. My sister shot video of the arrests that became important evidence in the case of three of them.

Basically they were dragged across the police line by the police themselves who apparently singled out the weakest in the crowd to make examples of. They were them charged with "Disorderly Conduct" for crossing the police line!!! Fortunately you can see the police stepping in to drag them out of the crowd. Another video also surfaced that I have not seen but, apparently shows the incidents even more clearly.

One of those arrested was Emily Colvin, a minor at the time. She was the first arrested. It was a clear case of police intimidation of peaceful protesters. She was meant to serve ad the example to others as the police demanded that they dispersed or face arrest themselves.



Her arrest was followed by several others including "Kid With Mohawk", another minor who's name needn't be posted here.



You can find the video and the full details on my website:
http://www.seedsofdoubt.com/distresseamerican/westfield.htm

I am pleased to announce that through our concerted efforts and the persistence of those arrested, that the three who my sister got on tape had all charges dropped. Apparently the judge agreed that it was an abuse of police powers as well.

Here is the e-mail I received the other day from Emily's dad:

Everyone,

The court dismissed the case at the beginning of the session. Guess they realized they had nothing to go on. Same thing happened with the only other adult charged, John Spitz. It was a victory for civil rights. Our lawyer was great-spent much time prepping Emily and "doing diligence." D

Don't have final bill but will inform those who have contributed.

Emily, Sarah and I so appreciate your support, prayers and encouragement.

Many blessings,
The Colvin Family

My sister and are preparing a package of materials on the cases to send off to the ACLU. These folks have an excellent case for a civil suit. Especially now that the charges have been dropped.

My thanks goes out to all of you who supported these efforts. Your help was instrumental in getting more eyewittness accounts and funding the legal defense!

SEE, DU CAN MAKE A MAJOR DIFFERENCE!

[uppityperson]

1. Congratulations.

If charges were dropped, does that mean they can't counter sue? Good luck and good job.

[DistressedAmerican]

3. Working Up That Case Right Now With My Sis. Off To The ACLU!!!

The Westfield Police are starting to wish they had not stepped out of bounds on this one. The local pressure was huge. The police were answering our charges in the press and everything. Just wait for a suit!

They will regret acting like Bush's private goons...

[Kolesar]

6. I think the poster was referring to that as the "civil suit"

I would think that city could be sued for violating their civil rights. The city would have to pay off (using insurance, probably). The insurance rates would go up, and hopefully the police chief will be sacked and the mayor defeated in the next election.

hopefully

[tubbacheez]

2. Excellent!

The power of truth wins another victory.

[lasttrip]

4. great news.

many thanx for the updates DA.

[Mairead]

5. Very nice--but the police achieved their goal of intimidation anyway

Not to take away from your video--EVERYone should do what you did!--but many people will have come away from seeing that just a little less willing to resist next time. The cops achieved their goals.

Now, if the cops had been brought up on departmental charges and lost a few weeks pay and their next promotion because of the crime they committed (and it was a crime!) then that might empower people. But not when all that happens is the illegitimate claims against the people are dropped.

Sorry if that seems gloomy--I really don't want to rain on your well-deserved parade.

[DistressedAmerican]

7. You Are Right. The Crowd Was Broken Up. In Response To That I Wrote This

http://www.seedsofdoubt.com/distressedamerican/protesttactics.htm

SUGGESTED TACTICS FOR FUTURE PROTESTERS AT BUSH EVENTS:

LESSONS LEARNED IN WESTFIELD, NJ 3/4/05

(Please Note: This should not be in anyway considered legal advice, Just My Thoughts On The Issue.)
--------------------------------------------------------------------
Good Sources For Legal Info Include:

The National Lawyers Guild - http://www.nlg.org/

See Their Links Page For Many Good resources - http://www.nlg.org/resources/links.htm

The American Civil Liberties Union - http://www.aclu.org/

See Their Section Called Right To Protest For Similar Ongoing Cases And Resources - http://www.aclu.org/FreeSpeech/FreeSpeechlist.cfm?c=86
--------------------------------------------------------------------

Suggested Tactics For Dealing With Police Harassment Of Protesters

As many of you know I have spent much of the past several days pulling together photos, video, and written accounts of police actions during the recent POTUS (President Of The United States) visit to New Jersey.

The full information can be found at:

http://www.seedsofdoubt.com/distressedamerican/main.htm

There is video of the NJ arrests posted as well at:

http://www.seedsofdoubt.com/distressedamerican/westfieldvideo/WestfieldArrest.avi

http://www.seedsofdoubt.com/distressedamerican/westfieldvideo/WestfieldPoliceState.avi

Several intimidation tactics are being employed at these events. It is best to be prepared in advance for what you might see out there.

The tactics they are employing are fairly simple and should also be fairly simple to defeat.

So far we have seen that as the New Jersey event was letting out, the police decided to disperse the crowd of (perfectly legal) protesters. They began by grabbing and arresting several people from the crowd, none of whom had in any way broken the law. These arrests were them used to threaten the others that if they did not disperse they would also be arrested. In the New Jersey case the tactic worked fairly well. They arrested 9 and dispersed the protesters in minutes.

Here's what I suggest. First, take a video camera. It is a lot easier to defend people who are charged with video than just a story.

Second, if arrests begin, it is important for the crowd NOT TO DISPERSE. I think it would be far more effective for everyone to just sit right down there and if need be get arrested. It is a lot harder for the main stream media to ignore the arrests of 150 protesters than it is to ignore 9.

Fill their local jails and hold a jail cell rally. It worked for MLK!

I understand that this takes a commitment. It will most likely result in disorderly conduct charges, fines and a Secret Service file. However, if we allow these folks to drive us off when we are well within out legal rights, THEN THEY WIN!

[Mairead]

11. Oh, that is *SUPERB*!

I hope the next time everyone has a copy of that in their hand going in. If everyone follows your suggestions, that will put a MAJOR crimp in the cops' intimidation repertoire!

[gratuitous]

17. This IS good news

And I hope the Westfield police get socked for depriving peaceable citizens of their rights and for denying them an opportunity to petition their elected officials for redress of their grievances.

Maybe the imperial presidency of George W. Bush will begin coming back down to earth.

[mpendragon]

8. those charges were never meant to stick

Being harassed and arrested and taken to the jail and put in a holding cell and getting a bail bond and getting a lawyer and going to hearings is the punishment you get for speaking out.

They were never going to get anything more than community service anyway and the fact that they were more or less vindicated doesn't mean anything. A victory would be if they could get the city or county for a few million dollars in a first amendment case. That would send a message that freedom of speech and freedom of assembly can't just be thrown out in the US whenever the police feel like it.


Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

[DistressedAmerican]

12. That Is Why A Civil Suit Will Most Likely Be Filed.

'the fact that they were more or less vindicated doesn't mean anything"

I could not disagree more. It sets the conditions for a civil suit and it sets the record straight. That matters to those involved. Believe me. I have spoken to them repeatedly!

A lawsuit will make a difference as well. It will discourage other police forces from making the same decisions!

[Just Me]

9. Oh, I am so happy they got this outcome.

Those poor kids. I still can't believe they were put through that crap. I hope the experience doesn't have a chilling effect on their power and right to speak out against policies that hurt us all.

:hug: Congratulations!!!!

[Jose Diablo]

10. Good news, now follow-up

with tort lawsuits against the police and the government condoning the police tactics that deny the individual the right of peaceful protest. Hit them with multiple couple mil lawsuits.

When the cities, counties and states have to start forking over huge sums of money because Bu$h's SS don't want political opposition to be aired, we will see an 'attitude adjustment' within the police.

[Mairead]

13. Yes, the damages demanded should be punitive in amount

And a major part should have to come out of the police chief's own pocket without reimbursement (or that of the higher-up if the chief can produce a written order).

[Supersedeas]

29. yep....abuse of process

[frictionlessO]

14. This is sooo great!! A victory of the bittersweet variety to be sure but

one nonetheless...

I remember having to have words over and over again with several DU L.E.O.s who just couldn't fathom that police would do something like that despite the evidence of other protests like NYC. They were essentially saying nasty things about how these protesters deserved it and that the ones who were yelling (your sister) were way out of line. Way out of line for speaking truth to power, the cops BROKE the law!! They deserved much worse than the little earful they were getting but are very own L.E.O. DU'ers just supported them without fail to the point of being very galling to the activists here. Im still sorta pissed about that...

[SouthernDem2004]

15. Were the charges dropped or did you judge dismiss the case?

[DistressedAmerican]

19. Charges Dropped...

I know you were skeptical of the utility of the video but, it was the major piece on evidence in the case.

I am just thrilled that this bogus arrest will be behind these folks. The police were out of line as I always insisted. The judge seems to have agreed. These three cases were moved to another jurisdiction.

The judge had obvious conflicts of interest. The judge convicted the first several. She (the judge) was at the rally with her family as was the prosecuter in the case.

All cases that went to court outside of her jurisdiction had all charges "Dropped".

We will be pushing another candidate when she come back up for election...

In short, "I told you so." (just kidding not a flame).

DA

[SouthernDem2004]

20. The reason for my question...

Judges do not drop charges, Police do. The judge can only dismiss charges. If the charges were dropped then the city is the one that dropped them, not the judge.

[DistressedAmerican]

23. Well It Must Be Dismissed Then. Thrown Out By The Judge.

definitely not by the police. They were pushing for convictions on them all.

Good to know that there is a distinction.

Always informative you are!

[Double T]

16. Freedom of speech and expression still isn't illegal.....

yet!!!......but they are working on changing that.

[tsuki]

18. I don't understand what the police thought they were doing. Everyone

has a video camera now, and the tapes are on the web for the entire world to see.

Did they think they could act anonymously?

[dumbshrub]

21. Great news

I was there and witnessed several of the arrests and was absolutely disgusted. I'm glad to hear of the dropped charges.

[DistressedAmerican]

24. Welcome To DU dumbshrub!!!

Glad I am getting the word out to those who wittnessed the arrests. Not a single person I have talked to that saw them believed that they were lawful or provoked by the protesters!

[DistressedAmerican]

22. Positive News Kick!

We DO have an effect people!!!

[FreedomAngel82]

25. Happy day!

I'm happy for all of them! Yay!

[Ariana Celeste]

26. That is such great news!

Thanks for sharing it with us. That whole situation was just disgusting... I am so glad there was video proof!

[DistressedAmerican]

27. Told Y'all We Could Win This. It Was Blatant Abuse Of Police Power!

[DistressedAmerican]

28. Kicker!

[Gelliebeans]

30. great news n/t

[DistressedAmerican]

31. Kick