34 Franklin St.
Lyons, NY 14489
April 10, 2004
Honorable Gustav J. DiBianco
US Magistrate Judge
RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396
Dear Judge DiBianco:
I am scheduled to appear in your court at 2pm on Thursday. I believe Mr.
Southwick will be present and we will be able to move forwards. I was thankful
to be arraigned by another Judge last Wednesday. Although that was the last
planned activity on my part I had told my mother and the guys at work that I
wouldn’t be coming back that night. I stopped because I am also pressed by a
desire to have a peaceful summer together with my son and mother.
I write because I sensed growing frustration and anger on your part which I
feel is unfounded. The tension of the recent weeks has caused me to do some soul
searching. I hope all of us can try to find another path to resolution. I am not
a criminal, but I find myself in the criminal justice system?
You know criminals. People who commit acts whose goal is to selfishly benefit
themselves or to harm others. The punishments of our criminal system are meant
to remind these people of the consequences of their actions and to bring change
of heart. They want to avoid punishment and the system “works.” I am not a
criminal.
As someone involved in NonViolent Action (and in a very small way trying to
follow the example set by Gandhi and Martin Luther King), I am demonstrating my
willingness to sacrifice to convert the attitudes of the good people who
surround me. I know you find it hard to understand this struggle for the rights
of parents to nurture their own children (I did before it happened to me). Fifty
years ago GOOD people found it hard to understand why black people wanted to sit
in the front of the bus. Why did they want to drink out of the same water
fountain as a white person? It had gone on for so many years. I wish we could
find ourselves in a Southern Courtroom in Mississippi.
Certainly Judge DiBianco and Mr. Southwick, you must have at times imagined
yourselves back then. Called upon to prosecute and to judge a black man who
violates a local ordinance (for the fifth time!) and continues to try and sit in
the front of the bus (without anger or malice towards anyone). What type of
response is required and who is “responsible?” I have imagined myself back then
and I would not have had that much courage. The risk of jail would hurt, but the
black man and his family would have also faced a visit from the Klan; the
potential destruction of their home around them. One has to admire the faith
they had to persevere!
The man is not a criminal. He accepts the risk of punishment as part of a
willingness to sacrifice and help those around him better see the indignity he
is subject to. If we seek to “blame” him I believe we must also find he is not
responsible alone for those actions. Indeed, all the members of the community
also share in this responsibility by being asleep to the great injustice that
was being done. In some sense they all share the burden of the pain he will be
forced to endure? Without going into theology, this example helped me to
understand part of the Passion of Jesus of Nazareth – forced to the cross
because of our collective inability to love others as we should. He bore the
punishment for our indifference.
Judge, please understand I have no illusions of grandeur! I am content if no
one ever notices my activity. We remember King and Gandhi, but there were
thousands of others who died in those causes and history has forgotten their
names. That is fine with me, because like those many others, I do know my Son,
Domenic, will remember what his father did because of his love for him.
You show great concern over the time Federal Police require to respond to my
actions. I’m sure I’m the least of their worries. I do not claim any absolute
right, when they have told me they are busy – I have willingly left the
building. If I was under arrest and a real emergency occurred, common sense lets
them know this guy isn’t any trouble. I share your concern for the police that
have to respond to domestic violence situations, of the tragic killings that
occur. People in pain will do hopeless acts. I know by the letters I get in jail
and email that this effort has touched people hearts and hopefully changed their
actions. A mother called me after my last jail sentence and told me her son had
committed suicide from despair after a family Court proceeding. That he felt
helpless to see the children he loved. If there is even ONE less police call out
there – I’m sure it would justify hundreds of these minor arrests.
I hope you can perceive a difference between my effort to petition Senator
Clinton, a good person – and the efforts of “protesters” you have seen in your
Court before? I hope that between you and the US Attorney’s office we can reach
some ‘stay’ to these proceedings. You know I try to be honest with you and
always take the witness stand. I am not a criminal. Part of the reason we are
here is that I have been found “guilty beyond a reasonable doubt” when no such
proof was presented. The conduct of GSA and the Government in pursuing this over
the past years has been almost fantastic. We drop charges, we allow him to
continue, we arrest him, we allow him to continue. I believe justice calls for a
stay in the proceedings and in the arrests.
My efforts to petition Senator Clinton will hopefully stop when we are able
to arrange a meeting between her and parents and not before. Increasing jail
sentences or additional orders should not modify my behavior. I am not a
criminal. How can it be otherwise? I do not need a change of heart.
I must also apologize for my failure in leadership and planning. If I could
get more people involved we would certainly get a meeting with Senator Clinton
and this would not be happening. I regret that deeply and it is my
responsibility. I am trying the best I can. As always, I and my family
appreciate the kindness and forbearance you and Mr. Southwick have extended in
this difficult situation.
Respectfully yours,
John Murtari 635-1968, x-211 http://www.AKidsRight.Org/
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