No Intimidation at Political Trial

                                                                  File Photo 2015

A Bogus Trial of Retaliation

On January 7, 2016 the Kelly 4 BlackLives Matter protesters charged with disturbing the peace during the 2015 MLK Day protest had their day in court.  It was pretty clear from the start of the trial that the something unusually wrong was going on.

The trial judge prevented the defendants from having a jury trial. He said that case law allowed him to change the nature of the case from criminal to civil. In a criminal case the defendants can choose a jury trial. In a civil case the prosecution can choose not to have a jury trial. In either case it can be inferred that the trial judge did want to go through the hassle of a jury trial or he did not think that the charges rose to the level of criminality. In a civil case the prosecution only has to achieve the standard of “preponderance of evidence” and not the more difficult standard of “beyond a reasonable doubt”.

The prosecution witnesses were in my opinion not credible and perhaps racists. The truck driver said that he was five hours late for a delivery due to the four and one half minutes blocking of Kelly Square. He then said he was fired from his job. Another witness said that the driver’s firing had nothing to do with the Kelly Square demonstration.

A woman driver who encountered the demonstration testified to yelling out to the protesters “you would not block me if my granddaughter is Black”.

Police supervisor, Sergeant Maddox, said that he would not have arrested anyone at the Kelly Square demonstration as he did not see anything criminal taking place. The Sergeant said that he did start to write his report until two and one half months after the incident, when ordered to do so by his superiors. The Sergeant  then said that his report was partially based on another  police report written by officer Brace who did not testify.

The defendants Jones and Gibbs gave as a defense their compelling political need to protest the unjust killings of people, especially unarmed young Black men. Defendants Ksen also spoke of his political motivations and the fact that he did not block any traffic. Defendant Conner did not testify, but her attorney indicated that Officer Brace misidentified her and there was no evidence that she blocked traffic.

The City officials who initiated the charges against the defendants did not testify. There is speculation that they brought charges in order to retaliation and intimidate BlackLives Matter protesters.

The judge said that he will mail out his decision to the KS4 defendants. The maximum for a civil case of disturbing the peace is a fine of $150.00.

There were a good number of people who came out in support of the BlackLives Matter protesters. They expressed a sentiment that no matter what the judge rules, the protests would continue and they would not be intimidated. A March Against Racism is being planned for MLK Day, January 18, 2016, 12 Noon.  St, John, Church on Temple St. to Kelly Square.