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News :: Civil & Human Rights |
Trial Of C-U Anti-war Protestor Charged With Resisting Arrest Begins |
Current rating: 0 |
by Kimberlie Kranich Email: kranich (nospam) uiuc.edu (unverified!) |
18 Jul 2003
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Arguments were heard today at the Champaign County Courthouse in the trial an anti-war demonstrator, Lori Serb, charged with resisting arrest during a confrontation at a demonstration last May. Ms. Serb claims she was tackled and pinned to the ground without warning by an unidentified police officer and has chosen to fight the charge. |
Ms. Serb has pleaded not guilty to the charge. She could have paid a $175 fine, but instead choose to fight the charge against her. If found guilty, Ms. Serb faces a maximum fine of $750 and court costs.
The Officer Ms. Serb is accused of resisting is Robert P. Wills of the Champaign Police Department. He was on-duty during the demonstration and was wearing a yellow polo shirt with an embroidered badge on the chest, shorts, and holster and gun. Two other officers, Officer Chad Shipley and Officer John Swenson, were also on duty wearing the full police officer's uniform.
On May 3, 2003, Ms. Serb participated in an anti-war demonstration on N. Prospect Avenue between Marketview St. and I-74. She was one of approximately 100 anti-war demonstrators from the group AWARE, the Anti-War, Anti-Racism Effort of Champaign-Urbana. The two groups had been protesting side-by-side for the past six weeks. AWARE had been protesting at the same location alone for six months. Approximately 50, pro-government, pro-troops demonstrators shared the demonstration area with AWARE May 3. A buffer zone had been created between the two groups separating them from each other.
Almost two hours into the demonstration, two pro-government demonstrators crossed the buffer zone and started taking pictures of the anti-war demonstrators from the street.
Ms. Serb testified that she told a woman not to take her picture and put her demonstration sign over her face to prevent herself from being photographed. According to Ms. Serb, the woman yelled back, "I got your picture anyway, man woman or whatever the hell you are!" The photographer was not at the trial.
According to Ms. Serb, she attempted to take the disposable camera away from the picture taker. A struggle ensued and Ms. Serb eventually pulled the camera from the woman's hand, threw it to the ground and stomped on it. Within seconds, Ms. Serb testified that she felt a large weight pushing her from behind knocking her to the ground. She landed face down with one of her hands pinned beneath her body and the ground. She felt the weight of someone on her body and a knee in her back. Her free arm was put into a handcuff and she testified hearing someone say, "Give me your arm."
"I'm going to try to get up now," Ms. Serb responded to the unknown person on her back. Eventually her other arm was freed and she was fully cuffed and taken to a squad car. She was later released after the woman with the camera refused to press charges.
Ms. Serb's attorney, Harvey Welch, asked Ms. Serb if the person who tackled her ever identified himself to which she replied, "No."
"Did the person tell you to stop what you were doing before you were tackled to the ground?" Mr. Welch asked.
"No," replied Ms. Serb.
Officer Wills testified that he saw Ms. Serb grab the camera away from a woman and a struggle ensue. He said he ran over to her and identified himself as a police officer and grabbed her arm to stop the fight. He said a struggle between the two of them ensued and they lost their balance and tumbled to the ground.
"Did you ask Ms. Serb to stop stomping on the camera before you made contact with Ms. Serb?" Mr. Welch asked.
"No," replied Officer Wills.
"Did you approach Ms. Serb from behind," asked Mr. Welch.
"Yes," replied Officer Wills.
Officer Wills testified that Ms. Serb was face down on the ground when he put his knee into her back and attempted to handcuff her. He said she resisted his attempts to get her second arm and tried to get up more than once while he was on top of her.
Officer Swenson testified that he heard Officer Wills say "Stop, police!" as he approached Ms. Serb from behind. Four witnesses for Ms. Serb testified that Officer Wills said nothing to Ms. Serb before tackling her to the ground from behind.
Officer Shipley also said he did not hear if Officer Wills said anything to Ms. Serb. He testified upon cross examination that Officer Wills was never on top of Ms. Serb but was at her side or her feet when they were on the ground.
Twenty supporters for Ms. Serb watched the trial presided over by Judge Jeffrey B. Ford. After 90-minutes of testimony, Judge Ford stopped the trial at 3:15pm because of other cases that needed to be heard. He asked both attorneys to present their closing arguments to him in writing by August 1. The judge is expected to rule on the case by August 14. |
Follow-Up Interview To Air On IMC Radio News |
by Paul Kotheimer herringb (nospam) prairienet.org (unverified) |
Current rating: 0 20 Jul 2003
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Tune in to the IMC Radio News, Mondays on community radio WEFT 90.1 FM. We'll air a follow-up interview with anti-war activist Lori Serb as soon as possible after Judge Jeffrey B. Ford enters his ruling.
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