DOWNTOWN BROOKLYN - Supporters gathered outside Brooklyn Criminal Court to show solidarity for fellow protesters who were charged over a stop-and-frisk protest earlier this month.Thirteen people were arrested at a rally last month outside the 73rd Precinct, where they were protesting the NYPD's stop-and-frisk policy. They appeared in court today, where they were charged with disorderly conduct and obstruction of governmental administration, which carries a sentence of up to a year in jail.

Christina Gonzalez, one of those being charged, accused the police of creating false allegations against them when they just were just protesting policy.

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

Sisters and Brothers,

Sitting in the court in Queens listening to the prosecution and the judge talk about this trial isn’t about Stop & Frisk but about whether Jamel, Morgan, Bob and I ‘broke the law,’ took me back to the 1960’s and the struggle to end Jim Crow segregation.  Whites only facilities, Black people having to ride on the back of the bus or sit in the balcony in movie theaters and the lynch mob terror the enforced all this.  That’s the legacy our campaign to Stop “Stop & Frisk” stands on the shoulders of, and those prosecutors are the current day version of those who put 1960’s freedom fighters in jail, and worse.

We’re one week into this trial.  The trial is recessed till Monday,(now probably Thursday 11/1) and we have a chance to make the fact that 4 people who protested that racist, immoral policy are facing time in prison a major story in NYC and beyond.  On Monday, the prosecution will put on its major witness and show the video of the protest at the 103rd precinct. The next day, a couple of the defendants will testify.  In strategizing over these next few days, we should remember the impact our protests had last year.  Think about the youth who faced being harassed, disrespected and worse by police every day, who drew hope and inspiration from what we did.  The people who didn’t face being stopped and frisked themselves, but who were horrified to learn that people faced this treatment because of the color of their skin and felt it was wrong.  We need to figure out how to tap into all this.

Bloomberg and Kelly are doubling down on Stop & Frisk, defending it in the face of continuing exposure, mounting resistance and disagreements among the powers thqat be over whether and how to continue that policy, with elected officials and the NY Times expressing concern that the controversy over this policy is feeding broader discontent in society.  We need to reach out to the people who are disgusted by Stop & Frisk with a simple message.  “If you don’t like Stop & Frisk, then you need to have the backs of the people who stood up against it and are facing time in jail for that righteous stand.”

How do we do that?  One way would be for some of us to come out to the next day of the trial when a press conference and rally is planned, and for all of us to reach out to our networks and encourage everyone we can reach to come out in support of these defendants.  We all have various platforms we could use in doing that.  Some of us could get this story into various media.  (Jamel and I are available for interviews if you’d like to have a defendant involved in the story, altho’ it’d be fine for you all to be the person interviewed.)  There are different audiences we all could speak to about the trial.  There are other ways we could generate support for this trial.  We should use all of the platforms available to us to the max.

Here are crucial things people could do to manifest their support:

• Come out to the trial (whenever the court opens - see stopmassincarceration.org for updates)
• Add your name to the resolution calling for dropping the charges.  www.stopmassincarceration.org/resolution.html;
• Get the story of this trial into the media;
• Spread the word on it via e mail, twitter, Facebook, etc;
• Contribute money and support the fundraiser on Oct 30th to help meet the mounting expenses of fighting this important legal battle.

In setting out to do this, we should be guided by something we said when we took on Stop & Frisk in Harlem last year:  “We Won’t Stop till We Stop “Stop & Frisk!””

Carl Dix
[email protected]