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A Split Decision on the Guilt of Activist in US District Court FOR IMMEDIATE RELEASE, Oct 30, 2002 Syracuse, NY (US Courthouse for the Northern District of New York) – On October 29th, after a four and a half hour trial, everyone got something out of US Magistrate Judge Gustav J. DiBianco's decision; the score was tied, two counts not guilty to two counts guilty and no one won. The decision was expected to clarify the right of a citizen, Mr John Murtari, to petition their Member of Congress in a US Federal Building. But after the decision, nothing is any clearer. Mr. Murtari who is a member of a parent's group, AKidsRight.Org, will be back in the Federal Building on Nov. 4th to continue his efforts to petition Senator Clinton for Congressional hearings into Family Law Reform. "All we are asking for is Senator Hillary R. Clinton to please help us to initiate hearings into National Family Law Reform." said, Mr Murtari. Mr. Murtari, a native of Lyons, New York appeared in the US Courthouse for the Northern District of New York to face a federal trial in front of Judge DiBianco on the four count complaint delivered by Asst. US Attorney Richard Southwick. Mr. Murtari's Federal Public Defender, Ms. Lisa Peebles made a strong, concise and emotional plea for dismissal of all counts on the grounds that none of the complaints against Mr. Murtari were substantiated by testimony or points of law. After four witnesses testified for the prosecution, Judge DiBianco could not find any activity in which Mr. Murtari engaged that satisfied the complaints alleging violation of the building rules and regulations. However, he did find Mr. Murtari guilty on two counts, disobeying a lawful command to leave and congregating in a federal building. Surprisingly enough Mr. Murtari's one witness, Mary Jo Marceau-Hawthorne testified under oath that Mr. Murtari was arrested before the other members of the group met him in the hallway. Ms. Marceau-Hawthorne was at the federal building with Mr. Murtari on July 29th when she and two other fathers proceeded to Senator Clinton's office to drop off petitions. "We were not congregating in the building! We were there for a purpose, to deliver our petitions and ask for an appointment to discuss Family Law Reform." said Ms. Marceau-Hawthorne. Sentencing has been set for November 21st. Mr. Murtari will appeal Judge DiBianco's decision. Mr. Murtari has tried to quietly walk in the halls outside the offices of
Senator Clinton simply carrying a picture of children with the words,
"Senator Clinton, please help us". He has been arrested for doing this
even though he had sent a polite letter to the Building Manager and Senator
notifying them of the upcoming peaceful action – and that the action had been
allowed in the past. Approximately eighteen previous arrests had resulted in all
charges being dismissed by both local City Judges and a US District Court Judge. This was described as the use of NonViolent Action to demonstrate a willingness to make sacrifice for their love for family. A spokesperson for the group expressed frustration that even after several letters and meetings over the past year with her staff, there has been little progress to acknowledge their plight and the need for Federal protection of parents and families. They also acknowledged that many parents hurt by the system feel powerless to cause change and don’t know what to do. In contrast to the bitterness and anger which is normally associated with protest efforts and family issues -- these people plan a positive attitude. The spokesperson was careful to note they were NOT going there to condemn the Senator as a "bad person" or as someone who doesn't care about family or children's issues; however, as a natural part of the political process they plan to show their concern over the issue and to increase her sensitivity to their cause. They are hoping for Congressional Hearings into Family Law reform so that the many parents affected by the present patchwork of laws across the nation will have a chance to tell their stories. AKidsRight.Org wants recognition of parent’s rights to an equal relationship with their children, and the protection of a Jury when that relationship is threatened by either divorce, separation, or the action of child protective services. For more information: John Murtari, Group coordinator, (office: 315-635-1968,x-211)(cell:
315-372-4830). Ms. Cathy Calhoun, Regional Rep. for Senator Clinton: 315-448-0470 |
