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Friday, September 07, 2007
Elevator 9 Trial: Guilty
I hope Sen. Pete Domenici, his staff and the federal government feel proud and powerful today after the "win" against Domenici's constituents. For irony's sake, it's just too bad the case wasn't tried in the new federal courthouse instead of the old one. The new one is named after Domenici. As reported in an article in the Albuquerque Journal:
A federal magistrate handed down guilty verdicts Thursday against six anti-war activists who occupied an elevator for more than five hours last year at a federal office building in Santa Fe. Magistrate Don Svet ruled that the activists "unreasonably" blocked access to the elevator when they tried unsuccessfully to deliver an anti-war message to the office of Sen. Pete Domenici, R-N.M.
The six defendants were among nine activists who remained on the elevator at the Joseph M. Montoya Federal Building from about 11 a.m. to after 5 p.m. on Sept. 26, 2006. Security guards cut power to the elevator as the activists tried to reach Domenici's third-floor office, witnesses testified.
Each faces a maximum sentence of 30 days in jail and a $5,000 fine for the class C federal misdemeanor offense of failing to comply with signs and directions. Svet said he will hold a sentencing hearing within 30 days. Svet also accepted negotiated plea agreements Thursday from two of the nine activists and ordered each to pay a $25 fine. The two are Bruno Keller and Jan Lustig, both of Santa Fe. Federal prosecutors dropped charges against a ninth activist because he is a juvenile.
The Rev. John Dear, one of the six found guilty Thursday, said Svet's ruling is an attempt to silence anti-war protest. The ruling "sent a very strong signal to people who care about" the Iraq war, Dear said outside a federal court building in Albuquerque after the daylong trial. That message is, "don't speak out against the war," Dear said.
... An attorney for the co-defendants, Todd Hotchkiss of Albuquerque, said in closing that he was "surprised by the pettiness" federal officials showed by cutting power to the elevator when the activists tried to visit Domenici's office. "That response does not speak to the heart of democracy," Hotchkiss said.
... The co-defendants testified that they intended to visit Domenici's office as a group. Guards turned off power to the elevator after the nine entered the car, they said.
I'll bet if a group of Domenici's deep pocket campaign donors wanted to ride up in the elevator to express themselves, his staff would have fallen over backwards to accommodate them. Apparently constituents have to pay to get the Senator's ear. You know how he is.
See our previous post for more info on this case.
September 7, 2007 at 03:34 AM in 2008 NM Senate Race, Civil Liberties, Crime, Iraq War, Local Politics, Peace | Permalink
Comments
It ought come as no surprise that Republican Magistrate Don Svet not only held the Elevator Nine guilty but, as reported, made comments that he considered the credibility of the citizens miniscule when weighed against the credibility of the law enforcement officers who arrested them. In New Mexico, the Federal Judiciary is made up mostly of Republican appointees. To be fair, Judge John Conway actually has demonstrated a healthy regard for civil rights and the rule of law, but he's semi-retired. Also Judge Christine Armijo balances out her Republican registration with a trial lawyer background. Still, never forget Richard Nixon's self-declared attitude toward the engaged citizenry of the late 1960s and early 1970s. He said the problem was an "excess of democracy." I think that captures the general Republican attitude about political activism. People should work, consume, believe and shut the hell up about political matters.
Posted by: Anne Kass | Sep 7, 2007 8:06:11 AM
And one more thing--when I said Republicans want the people to work, consume and believe, by believe, I meant believe in myths about the U.S. being the Land of the Free and the Home of the Brave, the Shining City on the Hill, where there is equal opportunity and liberty and justice for all. (Except for the Elevator Nine--no freedom, liberty or justice for them, the trouble-makers.) Moreover, Republicans want the people to believe strongly enough in these myths that they will continue to sacrifice their own children's lives to kill and be killed in war after war after war to "spread democracy" to other ungrateful people who thank us by "hating us for our freedom."
Posted by: anne kass | Sep 7, 2007 8:51:37 AM
You have it exactly right Anne. Exactly right. The really awful thing is that so many people are perfectly willing to do what the Republican masters want them to do. They want to believe so badly they are effectively blind and deaf to reality, at least for now.
Once the big hammer comes down they'll be shocked - SHOCKED at how it happened.
Posted by: Old Dem | Sep 7, 2007 9:48:45 AM
It seems to me that the trial should have been about Domenici's staff "unreasonably" blocking access to the defendants' First Amendment rights. As stated earlier, there was plenty of physical room in the offices for nine people, and had those nine been well-wishers and hopefully, major donors to the senator I am quite sure they could and would have been accomodated.
Surely, Domenici's staff cannot have believed that the nine were a group of potential axe murderers led by a mad cleric, or could they? Otherwise, on what basis would they be permitted to refuse transport on the elevator? Disabling the elevator was a decision on the part of the office staff, carried out by security personnel. That, it would seem to me, was what blocked access to the elevator - not the attempt by the defendants to utilize it precisely in the way it was intended to be used.
Posted by: Gerry Manning | Sep 7, 2007 2:59:28 PM
