Democratic Party Pressure at the State DNC
Eric and Peter were arrested today, adnd here is the chronology of what happened:
Stay tuned
August 18 Update
The city is denying there is more evidence, they want us to waive our right to a speedy trial, and, they asked the judge to deny us a jury trial. Can they do that? The judge will give his written decision by Friday. On whether we have a Constitutional Right to a Trial by Jury.
A
trial by a jury of one’s peers
It seems between the first appearance at which we were granted a continuance,
then the arraignment where our attorneys set a pretrial date, neither of
the judges asked about a jury trial. We entered a plea of not-guilty, but
were never asked if we wanted a jury trial, nor asked to deposit a $25 payment.
It wasn’t until the pretrial conference that the judge looked over
the paperwork and noticed no deposit had been made to reserve a jury trial.
A motions hearing was scheduled, where among our requests, we would have
to ask for a jury trial.
Our attorneys cited precedent today, that even in the event of attorney negligence, the right to a trial by jury is considered so important that it’s been granted to defendants who’ve previously declined it. Regardless whose mistake, they argued, Peter and myself were clearly never asked and could under no circumstance be considered to have waived the right.
The city on the other hand explained that precedent in municipal court has long established that a trial by jury in petty offenses is not a Constitutional Right, and instead is a “Statutory Right.” Meaning that if the defendants have not followed every provision of the statute, they sacrifice their opportunity for a trial by jury.
Judge Hayden W. Kane II declared that he would issue a written decision on the matter, by the end of the week. This move does not look encouraging to us. The judge faced two very competent defense attorneys and perhaps didn’t dare rule against them in light of rebuttals they might have offered.
Evidence
withheld from Discovery
Through discovery, the city has offered that the only evidence they have
to show us, besides officers’ accounts, is a hand held video with
unintelligible sound. Nothing else. At today’s motions hearing we
proffered affidavits to the effect that men were observed with parabolic
dishes above the Hampton Inn. As well, some CSPD officers observed the arrests
from the basement of the World Arena, indicating that surveillance footage
would be available from there.
The city has denied any of this exists, and in making the argument that cameras don’t always record their footage, the city lawyer explained that she learned policemen were observing from a van across the street, but that their cameras were only capturing a live feed, and weren’t recording. Whether you believe that or not, in either case those “witnesses” had not been revealed to us in discovery.
Peter and I are quite interested in video evidence because it was very plain to us that we hadn’t stepped over any tape. Surveillance footage would show that there was no division between a “booster zone” within the “free speech zone.” Audio will also demonstrate that our conversation with police was amicable and betrayed our earnest interpretation of where our speech was permitted.
But the judge appeared to give the rather novice city lawyer all the slack, offering her ten days to get the evidence to the defendants. If the judge decides we don’t have the right to a trial by jury, our lawyers will have to appeal. To my knowledge this will spoil our opportunity to have a speedy trial. A trial date has been set for August 29.
Eric explains what happened
News reports of arrests
Eric gives an interview to TV media before the convention
Press Release:
The
police team coordinating security at the Colorado Democratic State Convention
used confusion and unreasonable exertion of authority to curtail public participation,
and arrest 2 men Saturday, May 17. Officers broke protest signs over their
knees and used arrest, detention, and relocation to keep some voices from
the public eye until the opportunity to influence the convention delegates
had passed.
According to Eric Verlo: "Even abiding by a post-9/11 limitation placed on
our civil liberties, the so-called 'Free Speech Zone,' my right to participate
in our democracy is being muted by a false authoritarian concern for public
safety."
Peter Sprunger-Froese (pronounced: FRAZE) and Eric Verlo, arrested on May
17, had posed no security threat. Neither were their voices disruptive of
the convention goers. Their banner which read "Democrats
please stop funding the war" elicited overwhelming support from the attendees.
Many delegates began booing the police actions as the two men were being arrested
for questioning police contradictions of previously negotiated access.
As the convention check-in began at 7AM, the two men entered the "Free Speech
Zone" as directed by police, walked to the edge of the police tape and unfurled
their banner.
Eric Verlo: "They were turning away everyone without credentials until we
asked about the Free Speech Zone. They answered: 'Oh, you're here for the
Free Speech Zone' and then waved us through. They didn't explain where it
was, or that it did not extend to the police tape boundary. An unversed citizen
would not have known to ask to enter the area, nor about its limits."
The two men were immediately informed by police officers that they were standing
in a spot reserved for "boosters" only and that they must move back a considerable
distance. A supervisor was called to the scene who simply commanded the activists
to move. After declining to explain himself, he grabbed Verlo in a wrist submission
hold while SWAT officers subdued Sprunger-Froese, throwing his banner and
peace flag to the ground after breaking the bamboo poles.
Sprunger-Froese and Verlo were handcuffed and driven to an El Paso County
sheriff's station across the street, charged with obstruction, which was then
changed to trespassing, photographed, fingerprinted, and then driven to a
distant city police substation before being released.
Eric Verlo: "Peter and I were dropped off in the parking lot of the Falcon
Police Substation 15 miles away. Only then was my cellphone returned so that
I could arrange a ride. By the time we were able to return to our friends
and vehicles at the convention, the 7-10am opportunity to influence the delegates
had passed.
Eric Verlo asks: "Was the Colorado Springs state convention used as a "dry
run" for the Denver DNC in August? For state security preparations the answer
would appear to be yes."
Tuesday, noon, update:
Media Coverage
"We're just trying to do this in kind of a friendly way," he said.