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.

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.

Highway Blogger?

and they say content doesn't matter...

Asheville Citizen-Times ~ Infecting Asheville With Right-Wing Bias

Here is what the Asheville Citizen-Times has been printing about the 'highway blogger':

This first article is vague at best:

Charges against ‘highway blogger’ will change

By Adam Behsudi
ABEHSUDI@CITIZEN-TIMES.COM

August 17, 2007 12:15 am

ASHEVILLE — Police said Thursday that it would change charges against a man who held an “impeach Bush, Cheney” sign from a bridge over Interstate 240.

Jonas Phillips, a 35-year-old West Asheville resident, said he had recently taken up “highway blogging,” a protest practice of displaying signs of political discontent from highway overpasses.

Police cited him Wednesday for obstructing the sidewalk but said Thursday a N.C. Department of Transportation violation would be more fitting.

Phillips said he had the signed propped on the Haywood Road bridge railing over I-240.

He had not been charged with the new violation, a class 1 misdemeanor, by late Thursday night.

“The intent was public safety and the banner being a hazard,” Asheville police Capt. Wade Wood said. “That’s basically to the benefit of the motoring public.”

Wood said there was a possibility of the sign falling on motorists below. The sign had not been returned pending court proceedings, he said.

Phillips said he was not blocking the sidewalk while holding his 5-by-1 foot sign. He said he was aware of that ordinance and not trying to break it.

Police gave him no warning to move before putting him under arrest, Phillips said.

“I don’t want people in Asheville to be scared of protesting,” he said. “I wasn’t asking for trouble.”

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This second article, by a different reporter, relays what was said in the APD press release and was printed online only:

Police Consider Additional Charges against 'Highway Blogger

Compiled by Andre A. Rodriguez

August 22, 2007 12:15 am

ASHEVILLE — Police Chief Bill Hogan said Tuesday the department would consult with the district attorney’s office before moving forward on an additional charge against a man accused of obstructing a sidewalk.

Jonas Phillips was charged Aug. 15 with violating a city law after hanging a sign over an Interstate 240 overpass, Hogan said in a news release Monday.

Phillips, a 35-year-old West Asheville resident, said he was “highway blogging” by holding a 5-foot-by-1-foot cardboard sign reading “Impeach Bush, Cheney,” which he said he propped on the bridge railing.

Police said Phillips’ sign was creating a traffic hazard. “It was not the content of the sign, but the risks posed to drivers that precipitated our actions,” Hogan said.

The department is considering charging Phillips with violating an N.C. Department of Transportation law that prohibits hanging signs on an overpass, which poses dangers for motorists passing below.

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This latest one was in the Opinion section and expresses the 'Citizen-Times Viewpoint':

Political messages should not interfere with traffic
published August 22, 2007
author unknown

It would be hard to find stauncher advocates of free speech and the right of people to protest the actions of their government than a group of journalists. But it’s time to draw the line when it comes to endangering people’s lives to get out a message that could just as well be broadcast without the threat of harm to others. That’s akin to yelling “Fire!” in a crowded theater.

Which is to say Asheville Police acted properly in arresting a man holding a sign over the side of the Haywood Road/Interstate 240 overpass. Such behavior is a threat to public safety and rightfully carries legal consequences.

The arrest occurred shortly after 8 a.m. Aug. 15 after a person flagged down an officer on Haywood Road and told him that a man was standing on the I-240 overpass and obstructing traffic. When the officer arrived he found Jonas Phillips, 35, holding a sign over the overpass. Phillips walked across the bridge through three lanes of traffic.

When the officer caught up with him, he asked Phillips how long he intended to be there, according to a police account. Phillips said he would be there until he had to go to work. The officer called his supervisor, Sgt. Randy Riddle, who came to the bridge and told Phillips he was violating the city’s municipal code that prohibits obstructing streets and sidewalks.

As Phillips held his sign over the edge of the bridge, drivers on the interstate were slowing down and honking their horns, creating a traffic hazard and impeding the flow of traffic, the officers said.

Danger to motorists

The officers charged Phillips with violating the city code, but he also could be charged with violating a state law that prohibits hanging signs on overpasses, which poses a danger to motorists passing below.

Because the sign Phillips held contained a political message, “Impeach Bush, Cheney,” critics are accusing the Police Department with infringing on Phillips’ constitutional free speech rights.

“The sergeant (who arrested Phillips) didn’t even see what was on the sign,” Police Chief Bill Hogan said Tuesday. “It was never about the message. It wasn’t the content of the sign. We had gotten complaints that he was obstructing traffic.”

Hogan said the department received multiple complaints last month about individuals holding up signs at the same spot.

Unwelcome distraction

Anyone who regularly drives Interstate 240 knows how dangerous the highway is at the best of times. The speed limit on the section that flows under the Haywood Road overpass is 55 mph. At 8 a.m., it is heavily traveled.

On such a road, a driver’s full attention should be on driving. A person leaning out from an overpass holding a sign with content likely to cause drivers to slow down or react by honking their horns is an unacceptable distraction. There’s also the possibility that the protester could drop the sign on a windshield, causing a driver to brake or swerve. At highway speed, a collision could be fatal.

If such an accident occurred after police were alerted and failed to arrest the protester causing the distraction, we would be among the first to hold the department accountable.

Police actions correct

Phillips, a West Asheville resident who insists he “wasn’t asking for trouble,” said he has recently taken up “highway blogging,” a protest practice of displaying signs of political discontent from highway overpasses.

If he wants to avoid trouble, he should reconsider his means of getting his message out. It’s irresponsible and against the law. There are plenty of places Phillips can display his sign to large audiences without posing a danger to the motoring public.

“I don’t want people in Asheville to be scared of protesting,” he said. He needn’t worry. Asheville residents and others regularly protest at Pack Square and other locations in the city. The Police Department protects and facilitates protests that don’t break city or state laws.

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Please, if you care about fairness, write a letter to the Editor of the Asheville Citizen-Times. Hopefully they will be fair enough to print it.