Do you promise to tell the truth?

Lawyers lined the side of the prosecution in the court room yesterday. Besides the DA, they had the city attorney, the state DA and a handful of others. The DA, being whispered advice from the city attorney, started with Officer Crisp, who was not so truthful. He stated that Jonas "darted across three lanes of traffic". Well this one wasn't a lie but an exaggeration. He did cross the street, but that section of the road has a light on each side of the bridge and, before 8am on the Haywood Road bridge is not exactly what you would consider heavy traffic. The "three lanes of traffic" apparently included the turning lane. He also did not indicate any specific car or pedestrian hampered by "the protester". When asked by our attorney, Bill Auman, if he questioned Jonas if he was a part of the Climate Convergence group that had protested the Bank of America just two days prior or if he was a member of Veterans for Peace or any other local activist group. Crisp stated that he did not ask him any questions. Which was a flat out lie.
When Sergeant Riddle took the stand, being a seasoned man on the force for over thirty years, he told his untruths using the "I don't recall" response. Auman asked Riddle if he said "I'm sick of this crap" and "You're gonna' get your fifteen minutes of fame, buddy". "I don't recall sayin' that". In my opinion, Riddle has been on the force too long and is overdue for retirement. A friend of ours was pulled over by Riddle one evening. Our friend had a doll holding a sign that said "Impeach Bush and Cheney" propped up to show out the back of his hatchback. He told our friend, "I like your doll" in a sarcastic tone. When asked why he was being pulled over, Riddle barked at him about having a reason and told him that his head light was out. He says that Riddle appeared agitated, as he did when he was arresting Jonas.
The circus went on, with WLOS filming everything. (How can I get a copy of that?) The Asheville Citizen-Times was there along with reporters from the Asheville City Paper and the Mountain Express. Additionally a handful of bloggers took notes and absorbed the spectacle. Our attorney had about five arguments, all technicalities, why the case should be dismissed. One by one the judge overruled our lawyer. The prosecution centered it's case on highway blogging being a dangerous distraction to motorists. But, Jonas wasn't arrested for endangering motorists, which they did not prove anyway, he was arrested for blocking the sidewalk. A fact they also did not prove.
In the end, the judge sided with justice and found that they did not prove beyond a reasonable doubt that Jonas broke the ordinance. He was found not guilty. When Jonas was questioned by WLOS whether he would resume highway blogging he stated he would and he would bring a buddy. "Blog with a buddy". Good advise for any protester.

And now for the verdict.........

Today was a beautiful day. For some. For a couple of homeless men, not so beautiful. As we awaited Jonas' case to be called this afternoon, we listened as one man was convicted of trespass and sentenced 10 days in jail along with another man found guilty of "soliciting alms". As I listened I forgot about my husband's minor city code violation charge. Yet these charges never make the papers, never are discussed during political debates and these men are never on Oprah.
But truth and justice prevailed on our side today. Today, it was a beautiful day for us. Jonas was found "not guilty" today of the charges! Our lawyer, Bill Auman, could not have done a better job.
There are already articles about it:

DailyKos
Asheville Citizen-Times
Mountain Express
Asheville On The Ground

I will write more later. I need time for this to sink in.

Local IVAW President Arrested in Alabama

Local IVAW president, Jason Hurd, was arrested during a Mock Raid at the University of Alabama in Tuscaloosa last week. Jason said that they were detained and questioned by campus police for over five hours followed by an evening in the county jail. They were eventually released on a $2500 bond. The ACLU, the NAACP and the National Lawyers Guild are all interested in this free speech case. Jason and hundreds of thousands of IVAW members and supporters will descend on DC next week for Winter Soldier, where many men and women will testify about their experiences during their tour(s) in Iraq.

IVAW Winter Soldier PSA

Students, Iraq Vet Arrested During Mock Raid

By Chapin Gray

Tuscaloosa, AL - Four protesters from Students for a Democratic Society (SDS) and Iraq Veterans Against the War (IVAW) were arrested here, Feb. 29, at the University of Alabama for performing a mock raid meant to demonstrate the effects of the U.S. occupation on Iraqi civilians.

No one was harmed during the protest that lasted only a couple minutes, and employees were notified of the performance 30 minutes beforehand. After protesters dressed as Iraqi civilians were 'arrested' by protesters in military costume and hauled away, Jason Hurd, president of the Asheville, North Carolina chapter of IVAW - who was invited by the Tuscaloosa SDS chapter to speak on his experiences in Iraq, gave an impromptu speech, explaining that the purpose of the action was to demonstrate what life in Iraq is like under the occupation. Hurd also invited stunned and curious onlookers to his talk scheduled for that evening.

However, the talk had to be cancelled, because as four of the protesters - Hurd, Alyse Deller and Christine Jackson from Tuscaloosa SDS, and Jeremy Miller of UNC-Asheville SDS - were approached by campus police, then taken into a building on campus, where they were detained for over four hours before finally being charged with disorderly conduct. The were then hauled away in handcuffs to the Tuscaloosa City Jail. Bail was set for a total of $2,500. Hurd and Miller were also charged with trespassing and banned from campus property.

During the four-hour interrogation, police insinuated that the protesters were terrorists, and threatened to hand over their case to the F.B.I. The University had said that it plans to investigate SDS-Tuscaloosa, which was hosting the Iraq Veteran. The Dean of Students sent out a campus-wide e-mail statement following the incident, saying the University "cannot condone and will not tolerate behavior that mimics a true emergency on our campus."

The incident has sparked intense debate at the University of Alabama and in the Tuscaloosa community. Local activists from the Tuscaloosa Peace Project were outraged upon hearing of the arrests and immediately lent their support by offering bail money and facilitating contact with the Alabama chapter of the American Civil Liberties Union, which is interested in the case and showing support for the protesters. The organization also criticized the university's actions as not only unwarranted, but also as repressive and in violation of students' rights. In addition, IVAW is considering publicly condemning the university's actions.

"The circumstances surrounding the protest made it evident that this was street theater, but with our society having been carefully crafted into a people on edge, individuals have become rife with hair trigger fear of 'the other,' especially upon seeing actors in Islamic-style clothing," said Diane MacAteer of the Tuscaloosa Islamic Society. "We believe that more than anything else, this was an ill-intentioned use of the recent campus violence in other states as an excuse to quash anti-war protests, especially those that depict the victimization of Muslim families in war zones and allow students to identify with the Iraqi people and reduce support for the war."

While many have criticized the protest, claiming it was 'too alarming,' others are appalled that students can be arrested for expressing their opposition to an unjust and illegal war, and feel as though the students' rights have been violated.

"If you are one of those people who was frightened, you had a glimpse of what it feels like to be an Iraqi man, woman or child who experience things like this and worse everyday," said J VanBolt, a University of Alabama student who witnessed the mock raid. "I think the one thing everyone - whether you agree with what SDS did or not - can take from this is that people don't like to be scared and have their lives interrupted! Try and imagine what it would be like if things like this happened to you everyday, and instead of just watching you were actually involved. That is life for people in Iraq."

To show support with the SDS-Tuscaloosa and the four arrested, you can call the University President, Dr. Robert Witt, at (205) 348-5320 and ask that all charges be dropped. You can also contact Tim Hebson, Dean of Students and Director of Judicial Affairs thebson@sa.ua.edu or Todd Borst, Assistant Director of Judicial Affairs tborst@sa.ua.edu.

"The outpouring of support that we have received has been so amazing and empowering," said Jenae Stainer, a member of SDS-Tuscaloosa. "We appreciate it all, and hope that people will continue to stand with us as we fight to protect our freedom of speech."

Jonas goes to court...again

Court has been postponed once again.

Jonas arrived shortly before 9am at District Court 1. I arrived shortly after. Clare joined Jonas near the back of the court room. Another supporter and a reporter entered next. The woman bailiff was kinder than the one there at the previous court date. She asked everyone to put their cell phones on vibrate and then went around to make sure no one needed anything. The other lady told you to shut your phone off and didn't care if anyone had any questions.

After the defendants started making their pleas, two other people, there to support Jonas, walked in the court room. We all watched with pity as some mousy disabled man was handcuffed and forced to walk past the leering crowd twice. I'm not sure what his charge was, I could not hear very well in the back of the room. Next time I will sit closer. Clare, wanting to hear better, moved closer to the front.

Once again, Jonas' charge was the most ridiculous on the docket. Of course that is our opinion. I'm sure many others there thought their charge was ridiculous as well.

At after 10, his lawyer had not arrived yet. But when he walked in, his was the next case heard. At this point, the DA tells them that the officer (not sure if he was talking about Crisp, Riddle or both) called in sick. That's right, he (they?) called in sick to court. If Jonas had been sick, it would have been considered a "failure to appear". If a civilian plaintiff had done that, the case would have been dropped.

I question if they were truly sick, or if this is some sort of tactic.

Jonas Goes To Court

Court was today. It has been continued and will go to trial. The next court day is December 5th. We will need an additional $225 to give our lawyer before then. If anyone can donate, we need it now. I hate to beg but we do not have it. If you know anyone who can donate, tell them, now is the time.
Jonas said that he had "the stupidest case on the docket". He was dismissed before court even started. I guess the prosecution was not ready to try the case. The have to research what they can actually charge him with.
As a coincidence, I have jury duty the week before his court date.

Unplug the Sheeple

I'm trying to find my voice...it needs to be LOUD but I've always been a quiet person. How can we wake up the population before it is too late? This video was shot next to a pro war rally where McCain and other neocons were continuing to spin the sheeple.

Were were these "peace officers" when the pro war guy jumped on stage during the ANSWER rally? They were, of course, arresting antiwar protesters. The people who want PEACE!

Some say that the internet is the platform of protest now and that the time for standing in the streets with signs is over. I don't think so. I think now is the time to rebel. To get up off our asses and do something. Shut off American Idol and all those "reality" shows and pay attention to REALITY. The questions that remains now is 'How to unplug the sheeple?'.

Thoughts of Torture and Our Police State

SBS Dateline documentary about the Abu Ghraib prison and torture.

Asking Question Could Get You Arrested and Tasered






So this is America....

What? What? What?

The statement by the Asheville Police Department raises further questions. If they felt that Jonas was a danger to traffic, why did they not tell him that when they arrested him? Especially if that was the original police complaint. Why did Officer Crisp need Sergeant Riddle to arrest him? Is he not a law enforcement officer? And how can one person impede traffic?
After freeway blogging for two months now, I have never seen cars slow down to honk. They 'keep on a truckin'.
Due to the changing circumstance, we will not be making any further statements at this time regarding this specific incident. But we will continue to freeway blog, and so will others.

This Picture was taken by Kindra on 8-20-07 on the Flint Street Bridge in Asheville.

Asheville Police Department Press Release

The following is a statement by Asheville Police Department Chief of Police, Bill Hogan:

The Asheville Police Department is a professional, well trained, and accredited agency that is committed to protecting individuals’ Constitutional rights. Our Department has assisted with untold rallies and protests to protect citizens’ opportunity for free speech while maintaining the safety of all individuals present. The press release attached below describes the facts surrounding this case. Expressing one’s opinions must be done in a manner that does not infringe upon the rights and safety of others. In this case, the actions of Mr. Phillips was impeding the flow of traffic and endangering motorists by holding a sign over Interstate 240 during rush hour traffic which could have caused a serious traffic crash. It is unfortunate that this event and the motives of the officers have been misconstrued to represent an act by the Asheville Police Department to deprive someone of their Constitutional rights.

Chief Bill Hogan

For Immediate Release

Aug. 20, 2007

Asheville Police Department

Contact: Police Chief Bill Hogan

Phone: 259-5901, or 552-1900

E-mail: whogan@ashevillenc.gov

APD responds to concerns about charges against West Asheville man

ASHEVILLE – The Asheville Police Department has received several inquiries about the Aug. 15 arrest of an Asheville man who was holding a sign on the Haywood Road Bridge over Interstate 240, and was subsequently charged with impeding the flow of traffic.

A review of the incident including interviews with the officers discloses the following:

Shortly before 8 a.m., during rush hour on Aug. 15, a person flagged down APD Officer Russell Crisp, who was in his police car on Haywood Road, to inform him that a man was standing on the I-240 overpass and obstructing traffic.

The department had received multiple complaints over a two-week period last month about individuals holding up signs at that same spot.

Officer Russell Crisp arrived to find Jonas Phillips, 35, was holding his sign over the I-240 overpass. When Officer Crisp arrived at the location, Mr. Phillips walked across three lanes of traffic on the bridge, thereby impeding the flow of traffic on Haywood Road.

After Officer Crisp caught up with Mr. Phillips, he asked Mr. Phillips how long he intended to be there. Mr. Phillips replied that he would be there until he had to go to work.

At this point, Officer Crisp called his superior, Sgt. Randy Riddle, who came to the overpass and informed Mr. Phillips that he was in violation of Sec. 16-2 of the city’s municipal code pertaining to "Obstruction of streets, sidewalks by persons prohibited."

Sec. 16-2 reads in part:

It shall be unlawful for any person, singly or in a group, to:

(1) Obstruct or cause to be obstructed vehicular or pedestrian traffic on the streets or sidewalks or in parks or other public areas within the corporate limits of the city.

Mr. Phillips was charged and arrested for being in violation of that code, and the department is also examining whether he may also be charged for violating an N.C. Department of Transportation law that prohibits hanging signs on an overpasses, which poses dangers for motorists passing below.

The officers can attest that as Mr. Phillips held his sign over the edge of the bridge, drivers on the interstate were slowing down and honking their horns, which also created a traffic hazard and impeded the flow of traffic. Interstate 240 on the west side of the city is often congested, especially at rush hour, and this congestion heightens the potential for accidents.

"This city and this police department pride ourselves on protecting people’s right to free speech, as long as they don’t infringe on the rights, safety and freedoms of others," Police Chief Bill Hogan said. "It was not the content of the sign, but the risks posed to drivers that precipitated our actions."

Abuse of Power in Asheville

Yesterday morning at about 9-9:30 am my husband called. This was the usual time he would call after he got to work. He left a little early to do some freeway blogging before he went to work as he had been doing off and on for the past couple of months. He says to me, "Hey, I need you to come pick me up...I got arrested." I laughed at him. We have often joked about similar things especially after what happened recently to another couple in West Asheville. He had to tell me three times before I took him seriously. In his own words, my husband relates what happened:

I am writing to tell you about an abuse of power in Asheville, NC by a police sergeant. I occasionally stand on an interstate overpass near my place of work in the mornings and hold a sign that says 'IMPEACH BUSH / CHENEY'. On Wednesday August 15, I was standing alone with my sign for about 10 minutes, when I was approached by Police Officer Russell Crisp. He asked me how long I was planning to stay there and I told him just a few more minutes because I had to go to work at 8:00. He asked for my ID and I obliged. I asked him if I was doing something wrong, and he said that his Sergeant was on the way and he was going to wait for him. SO, I went back to my sign holding over the interstate. A few minutes later Sergeant Randy Riddle showed up with a paper in his hand. He spoke briefly to Crisp, then walked over to me and told me to put down my sign, put my hands behind my back, and that I was under arrest! I was shocked and almost thought he was joking until he told me again to put down the sign and put my hands behind me and I was under arrest. So I peacefully agreed and he cuffed me. I asked him why I was being arrested, he told me I was in violation County Ordinance 16-2, (the print out in his hand that he didn’t bother to read to me or show me.) He told me I was obstructing the sidewalk. I told him I was not and that officer Crisp had witnessed a guy walk by me moments before. Riddle yelled at me, "You were obstructing the sidewalk!" and "I'm sick of this shit!" then he said, "Here’s your 15 minutes of fame buddy!" I looked back to see his name plate and he said in a mean condescending tone, "Yea, that's 'Sergeant Riddle’ get it right!" He then put me in Officer Crisp's police car. Riddle took my sign with him and I was taken downtown and booked by Crisp.

I was never read my Miranda rights. While at the jail I was asked several times about what groups or organizations I was with, like a local group Veterans for Peace. And more specifically the Southeast Convergence for Climate Action group that had protested at the Bank of America on Monday. I was told by officer Crisp that since that protest the police had pulled out this ordinance. I was searched, and they took pictures of me and my tattoos. Since I haven’t been in trouble in 15 years, I was given a court date and allowed to sign a written promise to appear in court.

This is an example of an American citizen having his/her civil liberties tread upon. In Asheville, you are allowed to protest on city sidewalks without a permit. The sidewalk is about 5 feet wide. I never blocked the sidewalk; I knew about that ordinance already and was not trying to be arrested. It was obvious to me that Riddle had a problem with my sign because there is no way I could block the sidewalk all by myself. I feel like my rights were trampled by this harassment from Riddle. I got the feeling that he was trying to scare me away, but he only strengthened my resolve to protest more!

By the way, I never got my sign back from Sergeant Riddle.

He stood on Haywood Road in West Asheville on the bridge that overpasses I240. At lunch time, after contacting all the local media about my husband's ordeal, I went to the Flint Street bridge downtown to do some freeway blogging myself. Other local activists often use this bridge with 'Honk to impeach' signs. Meeting me there was Barry Summers, co-host of Making Progress: News for a Change on WPVM 103.5FM, a local progressive radio station. I consider it one of the only sources of unbiased news in the area. He brought along a photographer friend. He came to catch it on film if I too were to be arrested. One and a half hours in the hot midday sun later and I had not been arrested. During an interview with Barry, he asked if my goal was to get arrested. I answered him, "No. Our goal has always been to get people to wake up to what is happening in our country and it still is."

At 4:30 PM my husband and I planned to return to the same bridge, on Haywood Road, that my husband was removed from, accompanied again by Barry. Joining us this time was Virato, host of Virato-Live!, and his wife, Dhiraja. Virato has planned a community action meeting at the West Asheville Library next Tuesday at 6:30pm. He will mention it on his show on Saturday.

We will continue to stand up for our freedoms and against the blatant abuse of power in our government, on the local and national level. Please join us!