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News :: Miscellaneous |
Four More RNC Defendants Acquitted of Felonies |
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by R2K Legal Collective (No verified email address) |
13 Apr 2001
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PHILADELPHIA - April 9 - Felony charges were thrown out today for four more Republican
National Convention (RNC) protest defendants on trial before Common Please Court Judge
Pamela Dembe. |
William Beckler of Barrington, NJ and Daniel Kruk of Philadelphia were acquitted of all charges. Shane Bastien of Helena, Montana and Andrew Hess of Philadelphia were also acquitted of felony charges and convicted of summary disorderly conduct, equivalent to a jay walking ticket.
Originally all four defendants had a variety of felony charges, including aggravated assault, but by the time of trial each had the same charge of felony riot and misdemeanor disorderly conduct. During the one-day bench trial, each defendant was represented by their own legal counsel.
Police lieutenant William Schmidt and police officer Mark Anthony testified on behalf of the prosecution. In direct examination, Schmidt explained that while heading the bike patrol on August 1st, the day of mass arrests, he "herded" people away from a death penalty rally at City Hall southward. Schmidt and Anthony said they were confronted with a large group of protesters who were headed toward Rittenhouse Square.
Schmidt and Anthony both convey a story of how they were assaulted by each of the defendants. One person allegedly charged Anthony. One person apparently wrestled with
Anthony attempting to free a defendant he was arresting. Another person supposedly ran at Schmidt with an unlit firework called a "roman candle." Yet another person was reported to have thrown objects, possibly rocks, at the two officers.
Schmidt and Anthony’s stories lacked credibility when they were unable to produce any
evidence supporting their claims. Schmidt apparently threw away the "roman candle." No
rocks or any other objects were ever retrieved in order to substantiate that aspect of their
story. Schmidt’s and Anthony’s other claims of assault not only failed to hold up months
ago in pre-trial hearings, where multiple felony charges were dropped against the
defendants, but apparently did not manage to convince Judge Dembe either.
Whether true or not, the story of the two Philadelphia police officers did not hold water with Dembe. Despite their coordinated testimony, Schmidt and Anthony were unable to convince Dembe that the defendants deserved anything more than a summary offense.
Beckler was on the streets on August 1 during the RNC protests as a legal observer,
making sure that activists’ civil rights were not being violated. While watching the arrest of others, Beckler was scooped up by police and slapped with aggravated assault and other charges. Beckler is a recent graduate of Columbia Law School and was in Philadelphia last summer to volunteer with R2K Legal, the support group set up to assist activists in their legal rights.
"I have been unable to fully engage in my normal activist work for over eight months now while having this trial hanging over my head," says ex-RNC defendant Beckler. "I am relieved that I can get on with my life. The upshot I suppose is that my experience lends credence to the need to overhaul the dysfunctional criminal justice system."
There are currently five more felony defendants awaiting trial. Two felony trials should occur in July. The three felony defendants accused of being involved in a scuffle with Philadelphia police commissioner John Timoney are awaiting a ruling on an appeal by the District Attorney. The DA’s office was displeased when late last year, the three had numerous felonies thrown out in a pre-trial hearing. The appeal lengthens their prosecution considerably, having to wait at least a year before trial is likely to occur.
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See also:
http://www.r2kphilly.org |