THIS IS WHAT HAPPENED . . .
I was arrested along with 94 others on July 3rd, 1999, for demonstrating at the Liberty Bell in Philadelphia, urging that freedom ring for Mumia. Eighty-five of those arrested pled "Guilty." Ten of us pled "Not Guilty." From the start, the prosecutor told one of our lawyers that he was going to make life so difficult for us, we'd have wished we'd pled "Guilty." We were forced to go back to Philly 4 different times. My small affinity group consisted of 3 people-Clark Kissinger of Refuse and Resist, Mark Taylor, Chair of Academics for Mumia, and myself, Mumia's literary agent. Each affinity group had a name: ours was "The Visitors" because we were the only ones in the action who visited Mumia regularly. We were charged with "refusing to obey a lawful order."
Many who were arrested were advised by the Park Rangers to move or they would be arrested. They didn't move and were arrested. We three sat down on the plaza and, within seconds, were grabbed by the Rangers and cuffed. They said not a word to us. We couldn't disobey a lawful order, as there was no order given. What we did do was peacefully protest the pending murder of a man we believe is innocent of the crime of which he was convicted. I believe I have a moral responsibility to protest when my country is acting unjustly, and that's what I, and the thousands of folks who were in Philly that day, were doing.
On Friday, April 21, 2000, we were back in court to present our side of the case. Previously the government had presented theirs. Theirs was so full of holes that we felt confident of being acquitted. For example, when the Ranger who arrested me was asked to identify me in court, he identified not me but another woman. When a Ranger was asked if he could identify Clark Kissinger from a video that a Philly policeman took of the event and showed the court, he said he would never forget that face. When the video was replayed, only Clark's partially exposed rear end was visible--not his face. Contradictions and obvious lies abounded. We should have been freed on the spot.
Not only were we found "Guilty as Charged," but in addition to being fined $250, WE WERE ALSO GIVEN ONE YEAR ON PROBATION! In fact, everyone who dared ask for a trial was given the additional punishment of one year's probation. We were sentenced to remain in our federal district, and cannot leave without permission from our probation officer. There are thirteen restrictions I must observe or face God knows what kind of consequences. For me, the worst clause is #9: "The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer." It is my job to "associate" with Mumia, and my agency spends a good deal of every day doing just that. It occurs to me that putting Clark and me out of commission where Mumia is concerned may be what this outrageous and illegal trial is all about.
When I made my statement to the court, I was furious and told the judge that whatever my sentence was, I intended to exercise my rights under the Constitution to peacefully protest and that whatever happened that day in court could not stop me. The ruling MUST BE APPEALED, and we intend to do just that. We have ten days to file a notice to appeal. Once the notice of appeal is filed, we will ask the court to hold our sentences in abeyance until the appeal has been heard.
I believe this whole court fiasco is dictated by people much more highly placed than the prosecutor and judge. An unbelievably stiff sentence, they believe, will keep folks from going to Philly during the Republican Convention. We're gearing up to get publicity about this bizarre sentence and getting organizations to join in our appeal. This whole process will be costly. The court transcript alone could be thousands of dollars. We need all the help we can get to win this fight. So if you can contribute to our defense fund, please make out a check to me for whatever you can spare. If you have ideas about what we can do to get media coverage, please let me know. If you know any big shots who can lend their weight, try to reach them. If this ruling is allowed to stand, the message to us all is that peaceful protest is now outlawed. The government is hellbent on silencing free speech and trying to prevent any association with "any person convicted of a felony" (read Mumia Abu-Jamal). We can't let this precedent stand. I know we can overturn this travesty if we fight back. In any way you can, will you join this fight?
--Refuse & Resist! 305 Madison Ave., #1166, NY NY 10165, (212) 713-5657 <http://mojo.calyx.net/~refuse>