Today, in Brooklyn Criminal Court, disorderly conduct charges against the last seven defendants of 29 arrested nineteen months earlier were dismissed "in the interests of justice."  In two previous trials, judges had dismissed the charges after the prosecution phase.  The judge's written opinion received today also grants defense motion to dismiss on the basis of "facial insufficiency," meaning that the charges, which originally included Obstruction of Government Administration" were not properly filed by the District Attorney.

Some defendants elected to take an "adjournment contemplating dismissal," which is not an admission of guilt, but the twelve people arrested who chose to go to trial all have had charges dropped.  The persistence of these freedom fighters, and their attorneys from the Brooklyn Legal Aid Society, the National Lawyers Guild, New York Law Collective and Brooklyn Defenders was sustained through more than 20 days of appearances, two trials, multiple hearings, and the arrest and jailing of Christina Gonzalez for contempt of court when she righteously objected to an order from a judge who has written a white supremacist book.

Congratulations to defendants Greg Allen, Gbenga Akinnagbe, Fr. Luis Barrios, Randy Credico, Noche Diaz, Carl Dix, Christina Gonzalez, John Hector, Nick Malinowsky, Bob Parsons, Morgan Rhodewalt, and Matt Swaye, and deep thanks to attorneys Noha Momtaz Arafa, Genesis Fisher, Julie Fry, Daniella Korotzer, Elizabeth Latimer, Meagan Maurus, and Marty Stolar,

Note:  This was received from the Alan Blueford Coalition back in October 2012, and we thank them, and apologize for the late posting.

The Justice 4 Alan Blueford Coalition (http://justice4alanblueford.org/) stands in solidarity with Jamel Mins, Carl Dix, Robert Parsons, Morgan Rhodewalt and their eight companions, standing trial in New York City on trumped-up charges brought by the Queens County District Attorney, Richard Brown, for peacefully protesting the unconstitutional Stop & Frisk policies of the New York Police Department.

Alan Blueford, an 18-year old black student, was murdered as the consequence of an illegal stop & frisk in Oakland, California on May 6th, 2012. Recognizing this, the Coalition has made the elimination of stop & frisk -- a de facto policy of the Oakland Police Department -- one of its five demands in seeking justice for Alan Blueford.

Countless youth and men of color have been harassed and their lives put in jeopardy by this police tactic designed to intimidate an entire generation. The Justice 4 Alan Blueford Coalition salutes all those in New York City who have taken up the battle against Stop & Frisk. We here in Oakland are watching as events unfold in New York City: every
march and every press conference, developments in each trial and lawsuit, and your struggle to legislatively end Stop & Frisk by enacting the Community Safety Act.

We call on everyone from coast to coast and in between to demand that District Attorney Richard Brown drop all charges a against these peaceful protesters, and we also ask everyone to sign the Stop Mass Incarceration petition calling for dismissal of all charges at stopmassincarceration.org/resolution.html.

by Carl Dix

The judge who handed down the sentences in the Queens’ Stop & Frisk case got personal.  I got a $250 fine, 5 days court observation and $120 court costs.  Morgan Rhodewalt got the fine, 5 days community service and court costs.  Jamel Mims got 5 days community service and court costs.  And Bob Parsons got court costs.  1st off, we shoulda gotten off with time served—no fines and no community service.  Stop & Frisk is wrong, and we were right to protest it!

In handing down these sentences, the judge said, ‘The jury saw thru Dix’s arrogance, and Rhodewalt’s false statements.’  Of course, the jury hadn’t said any of this.  The judge was really spitting his own venom at us, and he followed that up by giving Morgan and me extra punishment.

Why did the judge say I was arrogant?  Because he feels it was arrogant of me to decide Stop & Frisk was racist, illegal and illegitimate and to call on people to join a campaign of civil disobedience to stop it!  And to come into his court and say that what we did was the right thing to do.  He probably thought my statement before sentencing was also “arrogant.”  I noted that “Ray Kelly told 3 Black legislators he wanted every Black and Latino youth to be afraid they might be stopped & frisked every morning when they leave their house.”  I added, “This was wrong, and we were right to stand up and say NO MORE to this outrage.”

Morgan’s “false statement” was about his complaint to the Civilian Complaint Review Board over the police having tightened his handcuffs so tight he lost use of his thumbs for several weeks.  Before the trial, the prosecution argued, unsuccessfully, that this complaint amounted to a confession of guilt in this case.  But the jury never saw this statement, so it’s ludicrous to say they saw thru his false statements.  (There’s something to learn from this.  The complaint to the CCRB didn’t in any way deter cops from making handcuffs too tight on people they arrest, but it did serve to give the government an added way to target the defense in this charged political case.)

There’s another wrinkle to the judge sentencing me to court observation.  He said he did this in consideration of my physical condition.  Rev. Steven Phelps, the Senior Minister at the Riverside Church had offered that we could do any community service we were sentenced to could be done thru ministries at their church.  If the only issue was coming up with community service that fit my physical condition, the Riverside Church’s offer would’ve fit the bill.  The judge was essentially saying that he was going to take this arrogant Black man and make him sit in his court room, under his thumb, and maybe teach him some humility.

That won’t happen!  Stop & Frisk is still wrong.  Mass Incarceration is still racist and illegitimate.  It is right to stand up and say NO MORE to this slow genocide strangling inner city Black and Latino communities across the country!  Watching this judge operate in court for a week won’t change any of that.

Occupy activists Jen Waller and Tim HIntze report on their project, Less Wall, More Street, training activists and community groups coast to coast and hosting conversations about state repression, They're joined in discussion with Jamel Mims, multimedia artist and challenger of Stop and Frisk, and Lamis Deek, a civil rights attorney. Then a Q & A with the audience. Event at Bluestockings Bookstore, Café, & Activist Center, November 13, 2012. Camera Joe Friendly

by Debra Sweet

Today in Queens Criminal Court, there was first of all a battle over how the jury would be charged.  The prosecutor keeps whining that he didn't know he had to actually provide evidence to the jury on how the 103rd Precinct was disrupted during the protest a year ago.  He wanted the jury to be told they didn't have to find that any specific aspect of the functioning of the precinct had to have been obstructed to find Carl, Jamel, Morgan and Bob guilty of Obstruction of Government Administration.

They are charged with two counts, and each could carry a year at Rikers.  Of course the jury's not allowed to know that.

Defense counsel argued strongly against that charge to the jury, and won language that puts more burden on the prosecution to have proven something was disrupted.  Their problem is they didn't bring out any such evidence, save for one cop who claimed that he was 1 to 5 minutes late going into the building because there was a crowd protesting outside the door of the precinct.  And he admitted he started his shift on time after roll call.

All three defense attorneys, and the prosecutor gave closing summations today.  One by one, the defense brought out the lack of evidence from the prosecution, which has the burden of proving each element of each count beyond a reasonable doubt.  Prosecution said in pre-trial motions they would show that because of the protest, 9-11 calls went unanswered, and prisoners couldn't be transferred.  They presented no such testimony or evidence; in fact the Commander of the precinct stated to the jury that none of the normal business of the precinct was disrupted during the 7 minutes the protesters were in front of the door.  Defense was relentless in reminding the jury that the obstruction of the precinct was the NYPD's own doing.

Our attorneys, Meg Maurus, Tom Hillgardner and Marty Stolar, highlighted the intent of the protesters, as Jamel, Morgan and Carl testified Tuesday, to deliver a political message against NYPD stop-and-frisk right to the place where the policy is centered.  Marty Stolar was able to get into his argument the fact that the 103rd had the eighth highest number of stop-and-frisks in the city last year...and that's where the police who killed Sean Bell are from. 

After their summations, the prosecutor mainly relied on his index finger, pointing at "THESE FOUR MEN" repeatedly, as protesters who had "gone too far" and broken the law by refusing to leave the front of the precinct.  Since he had no evidence to call forth, he asserted this over and over, and for variety, near the end of this speech, raised his voice and told the jury, "You see how they acted, the attorneys and the defendants treated this trial as ONE BIG JOKE!" 

To the contrary, the defendants testified that they didn't plan to be arrested that day, but are always prepared to be arrested at a political protest, especially when protesting the NYPD.  It was inspiring to hear our people speak, to challenge the prosecutor, and the judge in the process of fighting what Tom Hillgardner called "a garbage case for which no one should go to jail."

Thursday morning at 10:00 am, the jury will be charged.  We hope for a verdict of not guilty on all counts.
Queens Criminal Court  125-

Friends,

We've weathered a devastating hurricane, a sudden snowstorm, and an election frenzy, yet it still remains an priority for this system to pour its resources into prosecuting people who protested against the stop and frisk policy-- a policy that is at the leading edge of brutality and repression on youth of color, and a pipeline to the penal system.  

Now going into a third week, the proceedings of the trial in which I am facing charges up to one year in jail, have been wrought with controversy.   For starters, we have been delayed for several days because of weather-related recesses on two occasions.  Two weeks ago, a juror was re-voidired after wanting to wear 'her Obama shirt' which a court officer thought indicated she might be sympathetic with our goals; and last Monday, that same juror was arrested while exiting the courthouse after refusing to sign a returned property slip for a ziploc bag that didn't contain her items.  After hearing the story of the outrageous arrest of a fellow juror, two jurors were removed because they couldn't remained unbiased.  We got back to at court yesterday morning, November 13th, and were finally able to present our case, and testify from the witness stand. We hope to see a verdict by the end of the week.

During this nodal point in the battle against stop and frisk and mass incarceration, there is a great need to continue to elevate around this front: Please continue to share this information with folks in your circle, and push this story to media outlets.  Lend your weight and voice to the effort--call in radio stations and news stations.   Sign the resolution, and help to arrange coverage of the ongoing proceedings. Tweet, Facebook, blog or Instagram about the trial, especially as we get close to rendering a verdict.   

We are mobilizing people to pack the courtroom this week -- when the defense is finally set to present our case,--and get the word out on all fronts that the case is on this week. Come out today, Wednesday November 14th to hear summations and closing arguments.  Stick around while the jury deliberates on Thursday November 15th, and be ready to mobilize as the verdict comes down. Come stand with us and put Stop and Frisk on trial! 

Pack the Courtroom for Stop and Frisk Freedom Fighters!
Wednesday November 14th & Thursday November 15th
Queens Criminal Court, Room JP1
125-01 Queens Boulevard, Kew Gardens Queens

Jamel Mims