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Your advice: Possible change of events in Syracuse Oct 9th.
From: John Murtari (jmurtari@AKidsRight.Org)
This is a message from a mailing list, members@kids-right.org Unsubscribe instructions at bottom of message. ====================================================================== Good People & People of Faith: How do you put into practice the precepts of NonViolent Action? Someone who is close to what is happening in Syracuse told me, "John, enough is enough, you have made your point that you care, everyone respects you for that -- but if you keep the action up, you are going to jail for a while. You should stop." I'd like to start with a brief introduction using what was posted at the web site a few days ago. --------- Site excerpt: (http://www.AKidsRight.Org/actionc_syr) When I returned to the building on the 1st, the plan was to also visit the building on the following week (Oct 9th). During my arraignment Magistrate DiBianco was clear in his desire to get all these pending arrests processed. A trial date was set for October 23rd, starting at 10am . . . I was also told that if I returned to the building prior to the trial date, that I would be jailed until the trial date. . . . After watching all the pain my son has been through and how our rights were trampled -- is jail supposed to be a deterrent? What else can be taken from me? No one is "taking my freedom" the way they "took my child"'; I am willing to sacrifice it to show how important reform is. Jail is going to "hurt", but is it a "bad/evil" consequence? No. I'm a parent acting not with anger or malice toward anyone, but with good intention. Peacefully demonstrating the depth of my love for my child and the depth of my belief in reform -- I have Faith only good things can happen.... ---------- We may be approaching an important change in what has been happening. I need some advice and I know many people are new to the group since all this began. The web site has pages of details, but this is an attempt to do "catch up" in one message! This message is LONG. I do plan on returning to the building this Thursday (Oct 9th at 1:30PM). That is an easy decision. It is consistent with our original goals, to help convince Senator Clinton that family law reform is an important issue, a Civil Rights issue -- and there are loving parents willing to sacrifice their freedom to see that right recognized. Here's what I'm really struggling with, what to do in Court? This has been a "bench" proceeding, i.e. what I am being charged with does not merit a jury trial -- so Federal Magistrate DiBianco alone decides my guilt or innocence. The standard is still "proof beyond a reasonable doubt." Let me give all of you a brief "recap" of the last few years (this material is also at the web site: http://www.AKidsRight.Org/events.htm). ---- Experience at the Onondaga County Courthouse, Syracuse NY. When my son Domenic was relocated to the other side of the country I was finally prompted to action. I began with carrying a picture of Dom and I in the halls of the County Courthouse (on the floor where family courts were located). I was well dressed, courteous, and quiet. If people asked me what I was doing I would explain. There was a series of about 3 arrests and several nights in jail. Finally, an exasperated City Court Judge Merrill told me, "Mr. Murtari, I see you again I'm going to hold you in contempt and jail you for a year." I really didn't know if he could do all that, but I was back at the Courthouse a few days later... To my great surprise, the Sheriff's deputies backed off, they let me proceed. I could hear them telling local Court staff, "The Judge says leave him alone." And so, for a period of several months (pictures at the above link), I would walk around the Courthouse halls for a couple of hours a day.... The same Judge eventually dismissed all the pending charges against me with the words, "You don't lose your right to free speech when you walk through the metal detector." Imagine that! THREE amazing things during that experience: 1. There was a member of Court Security, Joe, who would harass me almost every day as I walked by his station, "John, get out of here, we don't have time for people like you, go someplace else..." -- I wouldn't respond, just smile and walk by. One day when things were quiet, he finally asked me, "John, why are you here?" I explained in the same way I told everyone else. "I love my son, I wanted to be an equal parent. I didn't seem to matter and they relocated him..." 2. The group had sent out a lot of news releases to local media. They never called. As I would walk the halls I would walk by some of the TV reporters who were there covering other stories. They would look at me a bit mystified (but it didn't appear to be newsworthy). One day, Joe from Court Security was in the vicinity. He yelled over at some of the reporters, "Why don't you guys come over here and take a picture of John. He's doing this because 'they' took his son away..." Imagine that! 3. Finally I realized Judge Merrill had made a smart move. I could walk all I wanted, no arrest. If I wanted to see him again I would have to escalate my actions to something more provocative. I decided against that. You have a lot of time to think when you walk around a courthouse for two hours a day. I realized Judges don't write the laws, they just help enforce them. This valued right needed the recognition and protection of the Congress of the United States (where the will of the people can be made manifest). I said goodbye to many of the staff, and a few of the Sheriff's deputies who had watched me over the weeks said, "John, we got a lot of respect for you. It was a class act. Good luck." ---- Experience at the Hanley Federal Building, Syracuse NY I next went over to the Federal Building and began a similar effort. The focus became more clear. Letter writings and meetings had gotten some "sympathy" from Congressional staff, but no action. I began the same effort in the hall outside their offices. Again, there were a series of arrests. Charges would start with trespass, sometimes a Judge would issues a "stay away" order from the building, I would then be charged with "criminal contempt" when I went back. It was my policy never to pay bail (I could never afford to keep doing that). The Federal police/security would hold me, but I would normally be arrested and charged by the City Police. Many times the Police officer would walk me out of the building in handcuffs and then say, "Okay John, trespass is just a violation (a traffic ticket). I'm going to give you a ticket with a court date and let you go." [Normally, when you see the 'stars' on TV getting arrested by police, they are pretty quickly released, and many times the single charge will just be dismissed at a later date.] But I would tell them, "Officer, you let me go, I'm heading right back there to continue my effort." They would bring me in and I would be held overnight until arraignment the next morning. Through these early incidents I was represented by a veritable Perry Mason as my assigned counsel. Mr. Charles Keller, now a professor at the Syracuse University Law School, at that time head of the Criminal Division for the Hiscock Legal aid society. As one of the deputies once told me, "John, that guy really swings the bat for you." He would argue my innocence and the clear unconstitutionality of the "stay away" orders. He had over 30 sets of charges dismissed, not a single conviction. Imagine that! Then, for a couple of months. I was actually allowed to walk the halls in the Federal Building. Sometimes people would come up to watch or talk for a while. One day I was outside the offices and Congressman James Walsh actually walked by in the hall. I just nodded my head and said hello. He did not stop to talk. --- Current Events At this time Senator Clinton's office was on the first floor of the building and the lobby area was a poor place to walk in petition. She then moved to the 14th floor and I began an effort outside her offices. There was also a change in attitude by Federal authorities. They finally decided they would prosecute me themselves. In July of 2002 I went to the building with three other people. They went to drop off some petitions at her office while I walked in the hall. I was arrested as before. The US Attorneys office originally charged me with violating the building rules, but then amended their complaint to include "disorderly conduct" caused by our congregating in the building halls. Which just did not happen. The other three group members had just walked by me on their way to/from the office. It came to a trial in October of 2002, details (including documents) at http://www.AKidsRight.Org/actionc_syr/federal_trial.htm During the trial the Judge was forced to find me not guilty of building rules violations, but found me guilty of disorderly conduct (which was just amazing). I did 10 days in jail last year. With that "win" the US Attorneys office was able to get the Judge to issue a very broad "stay away" order for me (see link above). Which was clearly the goal. From then I could be charged with violating that order. The order prohibited "marching, picketing, or protesting" -- which I don't do anyway according to common definitions of those words. I'm there to "petition" Senator Clinton to help us. Those are the words I carry with our pictures. They did not appear to want to prohibit efforts to "petition my Member of Congress." During this time I also asked for the dismissal of my assigned counsel for not keeping me informed and attempting to give up my right to a trial without even asking me. The Magistrate removed counsel, but denied my request for another lawyer. I was on my own. --- JUST THIS WEEK On October 1st when I went to the building their was a bit of change. Instead of allowing me to go upstairs and start my efforts, Federal Police asked me if I was there to protest. I told them I was there to "petition my Member of Congress for reform". They said that was against the Judges order and arrested me. I was then arraigned by Magistrate DiBianco and the US Attorney described me as someone who did not care about the law and was thumbing my nose at the Judges order. Especially since my first level of appeal had been denied. (My first level of appeal was to a local US District Judge and an affirmation was expected. The next level of appeal will be to the US Second Circuit Court of Appeals.) He said he didn't really have a reason to jail me pending trial (he acknowledged I was no threat and would surely make all court dates), but I was causing a lot of work for the system. With courtesy I explained to the Judge that I was "innocent" of the pending charge and also that the "stay away" order was too broad and did not have a sound foundation. I was certainly not guilty of "disorderly conduct." There was one pending charged which involved just me alone and which occurred prior to the other trial. I wanted that to be brought to trial first as most representative of the conduct which has been at issue. The Judge responded by telling me he was going to set a trial date for all these matters of Oct. 23 (I also asked him again for counsel and he was going to think about that.) He also told me that if he saw me again before the trial date, he would hold me in jail until trial... I have to say that I began to feel like I was in Family Court and we were moving toward a predetermined outcome. It is obvious the Judge feels I should not be allowed to petition in the building, but the Building Rules did not provide enough justification for an arrest. I'm beginning to really think he felt that a "conviction" and a little jail would send me a message (even if I wasn't really guilty), and I would learn my lesson and go away. He has dealt with other "protesters" in the past and that seems to be what happens. --- Some Questions, your thoughts. 1. Do you have a moral obligation to obey an order that is not "valid."? Many times we don't bother to fight, i.e. you get a traffic ticket for rolling through a stop sign. You know you stopped, but you still get ordered to pay the fine. I guess most of us pay, it is just not worth the hassle. We don't live in a perfect world. But what about a big matter? We often use the fight against segregation in the south. If a black man had peacefully sat in the front of a bus to demonstrate his belief in his equality (which many did) -- are they morally "foul" for disobeying orders that might have enjoined them from doing that? 2. On Wednesday the officers arrested me before I even did anything. I might have gone upstairs, had an emergency call on my cell phone and left that day. The "stay away" order prohibits certain actions -- do you arrest me even when I say I am there to "petition"? 3. Can a Federal Magistrate hold you in jail pending a trial as a form of immediate punishment? 4. THE BIG ONE - when I return there on Thursday do I continue to strongly assert my innocence (which I can tell angers the Magistrate and the US attorney, I think they are also frustrated because they know they don't really have a "good" conviction. But are trying to justify it by the 'good' goal they have.)? Do I just keep my mouth shut? What about turn the other cheek: http://www.kids-right.org/archive/archive2002/0000.html I don't know why, but the "hard" path is usually the right path. I would like to talk my head off in there. Should I? Do I have a duty to assert the truth? Obviously in these "politically correct" times, if someone hits you on the cheek you are suppose to explain to them how much it hurt you (in case they didn't realize that). Instead of offering them your other cheek (and encouraging their foul behavior), shouldn't you give them the phone number of an anger management class? If they are a child, tell them to use their "words", not their "fists." Come on -- didn't Jesus know this stuff back then! Part of me thinks it might be simplest just to say. "Your honor, I am innocent. I have nothing more to say." Of course, if I do that through any pending trial that will also anger them? 5. Your predictions? Please, I welcome your feedback. Make it quick, I will try to share it with others on the list before Thursday. And please, don't be upset if I don't take your advice, I'm Italian -- we give advice, we don't take it! ALSO, and most sincerely. I really welcome those of you who can make it to the Syracuse Federal Building on Thursday afternoon. I would love to meet you before I go into the building at about 1:30PM -- you are allowed to be present if there is an arraignment. It would certainly mean a lot to me. ------------------------ John Murtari jmurtari@AKidsRight.Org ================================================================== To unsubscribe from this list at anytime, send email to Majordomo@kids-right.org with the following 1 line in the BODY of the message (Subject is ignored). unsubscribe members
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