The trial of the Elevator Nine
Two days ago, I went to the U.S. District Court building on Gold Street in downtown Albuquerque. I was told that the trial was to start at 9:00a.m., so I arrived about that time and luckily found a metered space on the street, just across from the Federal Building. This was one of those new meters in the middle of the block which will take a credit card for up to two hours, so I paid for the maximum. But, as I tried to enter the building, through the security metal detector in the lobby, I was told that the courtroom was full and the judge had ordered that no others be allowed to go up to wait on the hall benches for someone to take a break and vacate a seat. It seems that the trial time had been changed just the day before to 8:30, without time to notify everyone who might show up, and the trial was moved to a smaller courtroom that held only 40 people. Seems the forces of justice are not blind, and they don't want spectators, either. So I joined the few people still picketing out on the curb, since I had two hours on the meter. Pictures below.
Why they were on trial (taken from the flyer)
Nearly a year ago, on September 26th, 2006, nine peaceable residents of Santa Fe, all committed to work onviolently for peace in Iraq and Iran, tried to get to their U.S. Senator's (Pete Domenici's) office to talk to him or his aides about ending the war. They wanted a response to the many requests from New Mexico citizens that he sign the Declaration of Peace. This is a pledge to end the war created by anationwide coalition of faith andpeace and justice organizations, whose local branches, such as Code Pink, Pax Christi and the Santa Fe Monthly Meeting of Friends had repeatedly sought Domenici's ear as our representative in Congress.
On that day in September, to call attention to the issue, the nine of them were willing to remain in his office until he responded, or until they were arrested. After being cleared through security into the lobby of the Federal Building in Santa Fe they were told that the Senator's staff would not receive them in his office. They felt they had the right to be heard and stepped into the elevator to go up to the office. When they pressed the button to the third floor of the building they found that building management had disabled the elevator.
They remained in the elevator, reading out loud the anmes of American and Iraqi war dead, trying to get their message through. Armed personnel, including a SWAT team, cleared the building lobby, blocked the view of their supporters and the press outside of the building and refused to allow them food or water. At the end of the business day, an official of the Homeland Security Agency offered them a choice of accepting a federal citation for failing to obey signs and directions, or of being arrested for trespassing. They chose the citation, knowing they would have their day in court. After a year, the conflict in Iraq continues to take its horrific toll....
The Elevator Nine are: Philip Balcombe, John Dear (a Jesuit priest), Sansi Coonan, Bruno Keller, Jan Lustig, Jordan McKittrick, Michella Marusa, Bud Ryan, and Ellie Voutselas.
Six of the defendants were found guilty of failure to comply with official signs and directions, a petty misdemeanor. U.S. Magistrate Don Svet ruled that while it is their right to seek redress from their lawmaker they cannot break the law while doing so, and they had by "unreasonably" obstructing the elevator.
Sentencing is expected to occur within 30 days. Attorneys Penni Adrian and Todd Hotchkiss, who took the case pro bono, said they expect to discuss with their clients whether to appeal the judge's verdict at a later date.
Each defendant faces up to 30 days incarceration and a $5,000 fine.
In a letter from Bud Ryan, he said,
"I feel like I was kicked in the stomach & now have been let down by every branch of OUR government when it comes to this war - the Executive when Bush lied us into this war, the Legislative who abandoned their Constitutional responsibilities & now the Judicial who basically said that the 9 of us don't have the right to meet with our Senator & petition him against this war & also the Media who many call OUR 4th Branch of Government who parroted Bush's lies & did next to nothing (Amy Goodman et al not included of coarse) to try & expose those lies."
Why they were on trial (taken from the flyer)
Nearly a year ago, on September 26th, 2006, nine peaceable residents of Santa Fe, all committed to work onviolently for peace in Iraq and Iran, tried to get to their U.S. Senator's (Pete Domenici's) office to talk to him or his aides about ending the war. They wanted a response to the many requests from New Mexico citizens that he sign the Declaration of Peace. This is a pledge to end the war created by anationwide coalition of faith andpeace and justice organizations, whose local branches, such as Code Pink, Pax Christi and the Santa Fe Monthly Meeting of Friends had repeatedly sought Domenici's ear as our representative in Congress.
On that day in September, to call attention to the issue, the nine of them were willing to remain in his office until he responded, or until they were arrested. After being cleared through security into the lobby of the Federal Building in Santa Fe they were told that the Senator's staff would not receive them in his office. They felt they had the right to be heard and stepped into the elevator to go up to the office. When they pressed the button to the third floor of the building they found that building management had disabled the elevator.
They remained in the elevator, reading out loud the anmes of American and Iraqi war dead, trying to get their message through. Armed personnel, including a SWAT team, cleared the building lobby, blocked the view of their supporters and the press outside of the building and refused to allow them food or water. At the end of the business day, an official of the Homeland Security Agency offered them a choice of accepting a federal citation for failing to obey signs and directions, or of being arrested for trespassing. They chose the citation, knowing they would have their day in court. After a year, the conflict in Iraq continues to take its horrific toll....
The Elevator Nine are: Philip Balcombe, John Dear (a Jesuit priest), Sansi Coonan, Bruno Keller, Jan Lustig, Jordan McKittrick, Michella Marusa, Bud Ryan, and Ellie Voutselas.
Six of the defendants were found guilty of failure to comply with official signs and directions, a petty misdemeanor. U.S. Magistrate Don Svet ruled that while it is their right to seek redress from their lawmaker they cannot break the law while doing so, and they had by "unreasonably" obstructing the elevator.
Sentencing is expected to occur within 30 days. Attorneys Penni Adrian and Todd Hotchkiss, who took the case pro bono, said they expect to discuss with their clients whether to appeal the judge's verdict at a later date.
Each defendant faces up to 30 days incarceration and a $5,000 fine.
In a letter from Bud Ryan, he said,
"I feel like I was kicked in the stomach & now have been let down by every branch of OUR government when it comes to this war - the Executive when Bush lied us into this war, the Legislative who abandoned their Constitutional responsibilities & now the Judicial who basically said that the 9 of us don't have the right to meet with our Senator & petition him against this war & also the Media who many call OUR 4th Branch of Government who parroted Bush's lies & did next to nothing (Amy Goodman et al not included of coarse) to try & expose those lies."
Labels: activists, Code Pink, Congress, Declaration of Peace, demonstration, Homeland Security Agency, Pax Christi, Pete Domenici, U.S. District Court
posted by Joan Saks Berman | 3:39 PM
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