Landis was charged with "impeding traffic." Two other charges, "resist, obstruct & delay" and "blocking the roadway" were dropped by the prosecutor just prior to the trial. Landis has been both documenting and participating in various Occupy Asheville events since its inception. Landis, a former URTV public media producer, and 4 others, including this writer, had been picked up on warrants issued after the Nov. 2 march and rally after being easily identified and targeted from police video tape of the event. Landis maintained she arrived at the Nov. 2 rally with no intention of risking arrest, but rather to act as a journalist. This writer was serving as a Legal Observer, keeping close to the march and rally and taking note of all police, protester interactions. I was later arrested on 3 warrants while serving as a legal observer for a Southeast Student Renewable Energy conference-led march on Nov. 6 through downtown Asheville.
During Lisa Landis' (also known as Glo Lady) trial, Sgt. Brown was again called to testify. When asked by Landis about the police video, Brown indicated that he used a video camera on his shirt to record the event. Landis' own video was introduced as evidence and once again, the chants and high energy of the Occupy Asheville rally reverberated through the Buncombe county District courtroom: "How do you fix the deficit? End the Wars! Tax the Rich!"This Legal Observer was called again to the stand. As part of our training we note the presence of any media at marches and rallies. I testified that I had observed Landis, who I recognized as a citizen journalist, standing across the street from Vance monument, on the sidewalk, filming with her camera on November 2.
There are numerous videos and surveillance of Occupy Asheville events. One civilian forensic technician, Lynn Fraser, hired by the Asheville Police Department posted on her Facebook account after a day of filming a march and rally, "Glad to be off work and not dealing with dirtasses that want to preach their 'Constitutional rights' to me, then in the same breath tell me that videotaping them in a PUBLIC park (which none of them worked and contributed tax money to pay for) is an invasion of privacy," Her comments, including a later post saying "some people just need a hug"around the neck"with a rope" resulted only in a suspension with pay.
As Landis' trial continued, she testified, "In my role as a journalist I filmed my whole participation . I heard a siren and got on the sidewalk "I did not want to be arrested. I never heard any verbal command to get off the street."
Sgt. Brown testified that when he first arrived in an electric car, the march
was underway, and that he stepped out of the car and "gave a loud
command: "move to the right. Get on the side walk,' and motioned to the side
walk." He further testified that he then closed off the streets "trying
to mitigate the public safety threat."
Under cross-examination from Defense attorney Scales, Sgt.Brown could not say if or when he specifically ordered the defendant Landis to move. This legal observer, who accompanied the entire march, never heard such a command. Nor did the notes of other legal observers reflect such a command. In fact, as Landis would testify, "I was under the assumption that Asheville police were escorting the picket."
Defense Attorney Scales' motion to dismiss was denied.
In his closing remarks, the prosecutor, Assistant District Attorney Fletcher, in an odd effort to discredit the defendant and witness, called Landis "cowardly"hiding behind a camera." He then characterized this writer and Legal Observer witness as "cowardly" hiding behind a notebook."
Despite her clear role as a citizen journalist, Lisa Landis was found guilty and sentenced to time served. Landis immediately indicated her intent to appeal the sentence, telling the judge, "I was targeted and forcefully arrested because I continue to speak about the corruption of District Attorney Ron Moore," Landis said. "I will not stop until Ron Moore is arrested."
In closing remarks, Defense Attorney Scales said the state has taken "an extremely adversarial position," one that is "not sympathetic to protests of any kind."
"The DA calls Ms. Landis cowardly," Scales told the judge.
"She is not hiding behind anything. They picked her out, singled her out,
singled Ms. Hanrahan out and several others."
Thus ended a dramatic day in court for Occupy Asheville defendants arrested for speaking and acting nonviolently to call for social and environmental justice in these urgent times.
Upcoming trial dates: May 24, 2012 -- Legal Observer Clare Hanrahan, on two remaining charges after Nov. 6 arrest on warrants based on video surveillance of the Nov. 2 march and rally. June 28, 2012. The remaining 21 defendants arrested for First Amendment activities Nov. 2 and Nov. 11, 2011.
Community support needed as these trials continue .(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).
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