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World Can't Wait Arrestees Win!

Defendant's Motion for Dismissal for lack of Speedy Trial Rights Granted!
On 5 October 2006, 10 responsible citizens were arrested in the World Can't Wait protest. That day they protested against the war and against Bush in a world that soon would no longer be dominated by republicans.

In December '06, Ryan Dunn won his jury trial with Leah Greenwald providing the legal heroics. Civil disobedience protesters often win their jury trials in this county because the community does not support police behavior, and DA prosecution, of civil disobedience protesters.

The DA's office elected to proceed as a violation, and not a crime, against most of the remaining arrestees, and thereby denying them their right to a jury trial, to have a lawyer appointed at no expense, and to have the burden of proof on the state be lowered from Beyond a Reasonable Doubt to just a preponderance of the evidence.

Enter the defense team: Spencer Hahn, Lee Berger, John Sarre, Sam Kauffman, Thad Betz, Robert Callahan, Ben Haile, Paul Loney, and yours truly.

The arrestees' lawyers argued for full discovery and received more information from the state as a result. The lawyers argued to restore defendants' constitutional rights and were denied, but got the court's careful consideration. Two of the lawyers, Spencer and Ben, got the charges against their clients reduced from misdemeanors to violations.

Today was the first day of trial for most of the remaining group of 9 arrestees. The state told the court it had enough witnesses for this trial to last 3 WEEKS! But this morning, Spencer Hahn argued on behalf of all arrestees that the court and the State of Oregon had denied all defendants their Speedy Trial rights.

Judge Philbrook heard all argument from the DA against the motion, heard arguments from other defense lawyers supporting it, and carefully considered all evidence relevant to the speedy trial motion. After carefully considering all the evidence, J. Philbrook ruled that the cases against the defendants should be dismissed!!!!

THANK YOU SPENCER HAHN!!!

And congrats to Paul Forester, Brent Georgeson, Bonnie Tinker, Victor Phillips, Adriane Ackerman, and Chris Knudtsen.

GO NLG AND OTHERS 03.Mar.2008 13:49

legendline

A huge congrats to the defendants, go forth and celebrate!
And a huge, huge round of thanks to the NLG and other public-interest lawyers here in Portland who tirelessly take on the cases and fight for the rights of the people. You are an integral part of the revolution, keeping our numbers up high enough that we might stand a chance. You all have inspired me, and I look forward to the completion of law school and being able to count myself among your ranks.

Wonderful! 03.Mar.2008 15:05

Marlena Gangi marlenagangi@myway.com

Major ups for the Guild and the work that you do. And congrats to the defendents. Love ya BG!

...I'd be interested in knowing who the state's "witnesses" are...

Witnesses? 04.Mar.2008 19:11

Cat

I'm very happy to note that the defendants from the awful WCW "protest" have won their cases. Yay for all of the brave warriors, and for the terrific activist lawyers in Portland.

I feel obligated to point out, once again, how really, really smarmy the WCW "organizers" were. Shame on them all. Seriously. That had to be a Portland low point: A bunch of half-dead liberals make a call for "mass resistance," and then scream at, hit, push, and POINT OUT TO THE COPS those who responded to their calls. (In the name of "non-violence," no less.) Unbelievable.

Who, by the way, are all of the "witnesses" the state claimed to have? Are we just talking cops backing up the stories of cops? Or are we talking Russ and Rik and Melinda and all the other "organizers" whose greasy little fingers were busily pointing around wildly and randomly at demonstrators that day? Russ said publically that these demonstrators should "rot in jail," and suggested that he would be testifying against them. That is sickening. Was he prepared to testify?

If I see him (or any of the other people who sunk to such depths) on the streets, I will be sure to use my own fingers to point them out. But not to the cops.

russ hallberg exposed by others 10.Mar.2008 16:05

revelation