You
have the right to remain silent
Occupy Asheville trial speaks loudly
By Bill
Branyon
"The people are rising in objection
to grave injustices in this community, in the world. Most of those injustices
go forward with impunity. The charges and sentencing that individuals have
received for asserting constitutional rights for free assembly, and vigorous
free speech in the public square, loses the fact that the larger criminals are
going forth with impunity. I believe that the people will continue to rise and
speak truth to power at whatever personal risk. The times require it of us.
Such was Asheville resident Clare
Hanrahan's soaring rhetoric during what one might think would be in a political
rally. But no, it occurred in a lowly basement
misdemeanor court, Buncombe County District Court #1. There, Hanrahan and five
of her friends sat quietly from 9am to 3pm waiting on Judge Patricia Young to
call her case. Well" four friends. Activist Coleman Smith was thrown out by the
bailiff for whispering one word to Steve Norris Norris had
previously been found guilty for erecting an anti-mountain-top-removal wind
mill in front of Bank of America across from Pritchard Park.
The judge presided in front from a throne
assisted by a clerk, three-to-ten lawyers swarming about, and six-to-eight, fully-armed
policeman from the downtown district in yellow, high-visibility vests, perched
patiently on the right side. That contrasted sharply with the approximately 120
of us crammed below into about fifteen low-rent pews, and cowed into completely
silent attention. The room and ambience seemed like an underfunded grammar
school with blinds drawn, bare, monotonous dirt-brown walls, and a low-paneled
ceiling--with a very strict teacher. "Judge,
can you give us some idea when my case will be addressed?" asked Hanrahan when
her name was roll-called, about an hour-and-a-half into the proceedings. "I
have witnesses that need to know."
"Sit
down and sit tight," said the judge softly, straightening her long blond hair.
"You're getting your due process."
And
so we listened to about fifty stories of those who'd been crushed by our
corporate economy, their own bad decisions, or addictions. One man received
five days in jail for begging 73 cents. A woman
got hard time for stealing soft $24 ear buds from Wall Mart. Another man was
sentenced for possessing over a half-ounce of a nonviolent, mind-altering weed--
with punishment added for carrying a pipe to smoke it in. The
portentous monotony was broken when some of the defendants already in custody
spoke from a heavy metal screen cage on the right, called the "Tank." The judge
also sentenced prisoners who amazingly appeared on a video screen on her left.
ZZ
Top's Monkey Wrenchers
None
of the cases had much glamorous, court-room drama, with defendants mainly
standing in front of the judge while court-appointed lawyers referred to them as if they weren't there. But Hanrahan's case
was different. She'd decided to defend herself. The almost forty other
Occupy-Asheville defendants had pleaded together at an earlier court date while
represented by pro bono lawyer, Ben Scales. And, as ZZ-Top look-alike "Wezel,"
who was facing his own court Occupy court case soon, declared: "We'll do anything
to monkey wrench the system."
The
DA set up the case by interviewing Officer Travis Dike, who was present during
Hanrahan's principal, alleged crime along with about 150 other marchers. "Did
you see the defendant during the November 2nd, 2011 march?" asked
the D.A.
"Yes,
I saw her several times. It was that lady sitting there." Finally!, we were in the Perry Mason
realm that our TV-zombied nation knows so well! There were enough dramatic
objections, sustainings and overrulings to make the long wait worthwhile . Upon
cross-examination, Hanrahan contended: "By virtue of my being a familiar
presence in the downtown area I am selected for prosecution."
"Objection,"
said the DA.
"Sustained,"
said Judge Young. "Your statements must be phrased as a question."
"You
could have arrested any of the 150-plus people marching," hammered Hanrahan,
"weren't you discriminating due to familiarity, due to my transparency in the
community?" Hanrahan was serving as a National Lawyers Guild Legal Observer,
and with six others was wearing the lime green hat to mark that role during the
demonstration.
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