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News :: Civil & Human Rights |
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Eavesdropping Update |
Current rating: 0 |
by Sandra Ahten
Email: spiritofsandra (nospam) hotmail.com (unverified!) |
08 Sep 2004
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Martel Miller appeared in his preliminary hearing today on eaqvesdropping charges.
The background with details to this story can be found at http://www.ucimc.org/feature/display/20086/index.php
Information garnered at the hearing and in interview with his attorney follow: |
9/8/04, Urbana, IL
EAVESDROPPING UPDATE
Martel Miller, Champaign, appeared in Champaign County court today with his lawyer, Bruce Ratcliffe, Urbana. He appeared before associate Judge John R. Kennedy in a preliminary hearing where he was advised of his charges, which consisted of three counts of eavesdropping. He was also advised of the penalties which include the possibility of up to fifteen years in prison. He was advised that his lawyer would need to be present at the next court date which is a pretrial hearing on October 27 at 1:30 in courtroom A.
Attorney Bruce Ratcliffe spoke to the more than 50 citizen / observers outside of the courtroom after the hearing. He explained that between now and the next hearing he would be filing for a motion of “discovery.” This procedure allows a defense attorney to see the evidence that the states attorney is using in the case. At that time he would be able to better comment on the defense that he may use in defending Mr. Miller.
Attorney Ratcliffe is not representing Mr. Patrick Thompson who has also been charged with eavesdropping in a parallel case. He is representing Mr. Thompson on another criminal case that is pending.
In regard to the Illinois law that the men are being charged with (720ILCS5/14-2(a)(1)(A) -- Ratcliffe claimed if the law was applied fairly and to all -- no one would be able to legally tape a football game or a birthday party as everyone on the tape would need to have granted their permission. He says that the law does make an exception for members of the press. When asked by this Indymedia reporter how the law differentiated who was in fact a member of the press versus a citizen since, we do not have a “state sanctioned” press -- he deemed it a good questions and one that would likely be brought up in the course of the case.
Ratcliffe also clarified that the eavesdropping law applies only to audio and does not apply to video without audio. (surveillance cameras )He also enunciated that the charges were Class one felonies because the eavesdropping involved a police officer carrying out official duties. He made note that there was no charge of interference with police activity.
Ratcliffe also pointed out that it was States Attorney John Piland who decided to prosecute this case, not the assistance States Attorney, even though the Assistant State’s Attorneys may be handling the day to day logistics of the prosecution.
After the interview with Ratcliffe, Miller expressed appreciation to the more than 50 people who had shown up in support of him.
It was noted that twice before the hearing began the judge gave stern warning that anyone who further disrupted the hearing would be found in contempt of court. This was in response to observers whispering to each other while the judge was hearing other cases. At least two people were asked to leave the courtroom during the proceedings because they were wearing shorts and one because she was chewing gum.
There will be a press conference on Friday at the Champaign Library. (please post date / time details in comments)
There will be a showing of the documentary that has been confiscated by the Champaign Police Department about Champaign Police Stops will air at 4pm, Saturday September 11th in the auditorium of the Champaign Public Library and again at 1pm on Sunday, September 12th at Boardman's Art Theatre in downtown Champaign.
There is also a UPTV Commissioners meeting on Monday, 9/13 at noon in the Urbana City Building, 400 S. Vine St. |
See also:
http://www.ucimc.org/feature/display/20086/index.php
http://www.veya.org
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This work is in the public domain |
