Granny Verdict: Not Guilty! A Victory for Free Speech
author: Bonnie Tinker
 e-mail: bonnietinker@gmail.com
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Portland, Oregon. A Multnomah County jury found five grandparents charged with "unlawfully and intentionally causing substantial inconvenience to the United States" not guilty of Criminal Mischief in the 3rd degree on Thursday, December 13. Judge Richard Baldwin heard the case which stems from a silent vigil held by the Surge Protection Brigade, also know as the Seriously Pissed Off Grannies, on Good Friday, April 6, at the US Army and Marine recruiting center on NE Broadway. The jury began deliberations Thursday morning at 9:50 and deliberated for about a half an hour. After the decision, one of the jurors referred to the defendants as "heroes."
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A second, lesser charge, a violation involving "applying graffiti," fell under Judge Baldwin's jurisdiction after the jury was dismissed. Despite the jury's "not guilty" verdict on the more serious charge, the judge found all defendants guilty of "applying graffiti" and imposed a fine of $100 each, ignoring defense pleas that the defendants' high level of community service be taken into account. The defendants plan to appeal the violation conviction and do not intent to pay any fines imposed. It did not dampen their jubilation in defeating the more serious charges.
One of the jurors met with press and defendants after the verdict. He said the verdict came down to "tempera paint." Although the decision does not indicate the jury's reasoning, Judge Baldwin also allowed the jury to consider a "lesser of evils" defense. The defense was allowed because defendants testified that they felt compelled to take action to stop the imminent danger of death to Iraqi civilians and American soldiers. Between the time of the Good Friday vigil on April 6 and December 12 an additional 621 US Service members died in Iraq.
The grandparents who are defendants used tempera paint to send a symbolic message protected by the First Amendment of the U.S. Constitution, as claimed by Defense Attorney Lisa Ludwig, or if the powerful paint caused substantial inconvenience to the United States, and possibly worse as described by the District Attorney, Seth Steward. Steward called upon the jury to render a guilty verdict to "protect our troops." He warned the jury of the danger of a not guilty verdict: "Think of some evils that could happen," he said, "and why it is important for the line to be drawn here. On September 11 some people drove planes into a building to prove a point. The defendants say their conduct is necessary to avoid imminent danger because people dying in Iraq. That is the same thing suicide bombers say."
In his closing argument for defendant Clyde Chamberlain, Attorney Robert Callahan, told the jury that the District Attorney was trying to turn a simple bottle of red tempera paint into "a weapon of mass inconvenience." The water soluble poster paint was used to place red handprints on the window of the Army/Marine Recruiting office at 1371 NE Broadway on April 6, 2007. Chamberlain and the other defendants, Sara Graham, Ann Huntwork, Martha Odom and DeEtte Beghtol all testified that they were motivated by deep convictions and a sense that there was no other way to try to stop the war. "It is not to inconvenience the recruiters," said Martha Odom, "it's a way to stand witness to folks who may not be thinking about this war"
The Oregonian, OPB, KBOO and the Portland Alliance covered the trial. Fox News (12) and KXL came for the verdict. KATU (2), KBOO, The Portland Alliance and Joe Anybody covered the press conference held in the afternoon. The Portland Mercury ran a story in the December 13 edition.
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