Karen and Christina
For more information please email: helpmkegirls@gmail.com
Dave
For more information please email: helpdave@mail.com
Friday, November 13, 2009
Hey! We're not in jail! (update for Christina and Karen)
Oh and hey, check out that paypal button... we're still paying court fees and our lawyers!
Thursday, September 3, 2009
I'm out
I'm really worn out so I'll keep this brief, but I did want to thank everyone who wrote to me in jail. It helped me pass the time and I enjoyed writing everyone back. Thanks also to those who sent books and visited and put up with my phone calls :)
I hope to see you all soon.
Dave
x
Tuesday, September 1, 2009
The Case May Be Settled but the Score Is Not
Regarding The State of Minnesota v. Christina Vana & Karen Meissner
Today, the chains were not lifted from our friends lives’, but perhaps the weight of their bonds are more defined, more certain. Today, Tuesday, September 1st, 2009, Christina Vana and Karen Meissner pled guilty to felony assault in the 2nd degree, for their part in the massive demontrations during the 2008 RNC in St. Paul, Minnesota. They received a plea deal, with the State agreeing to grant them a Stay of Imposition (meaning the felony charge will be dropped to a misdemeanor after succesful completion of probation), a maximimum of 90 days jail time, and the possibility of doing Sentence to Serve as a jail alternative. They face up to 7 years probation. This was a departure from the sentencing guidelines, which would normally call for prison time. Their Sentencing is on Tuesday, November 10th, 2009, at 1:30 p.m in front of Judge Warner at the Ramsey County Courthouse. Please show up and make court a slighty more festive endeavor!
There are several ways to view a plea agreement. From one perspective, it is a generous offer from the State, when they have the ability and intention to quench any inkling of resistance and throw us in jail. On the other hand, when we take a deal instead of going to trial, we participate in our own prosecution. It’s just a step away from locking ourselves into our own jail cells. That’s not to say we aren’t forced into these situations, and when we can keep ourselves or friends out of jail without incriminating others, it’s a wise decision.
Despite the judge’s praise of the many supporter’s cooperative behavior, let’s not forget that our outward docility is just a façade, a strategic decision and a postponement of our true feelings towards the cops and courts. It makes a Judge’s job much easier if we sit back quietly while the “fair and impartial” trial railroads free human beings. Of course a Prosecutor will appreciate our silence as he slanders our friends to their faces, drags our names through the mud and convicts us with a Powerpoint Presentation.
In the past year we’ve seen many friends ensared by the wide nets of state repression. The unfortunate rioters filter in and out of Ramsey County Jail, and the question remains,: Where do we go from here? How do we continue to build networks of resistance and foment social change and rebellion in the wake of such widespread repression? Tomorrow Dave Mahoney will be released from captivity, but the jails are still filled with kindred spirits. The Milwaukee Three’s cases may be resolved, but their convictions and the evidence mentioned by the prosecution will be used to vilify and prosecute the RNC 8. Jesse James Forrey faces up to 5 years in jail after being convicted of property damage in St. Paul. We’ll need all the strength and support we can muster in the coming months and years. The path of resistance is a rocky one that rambles on, but for ourselves, our wild companions and wilder creatures, we’ll keep stumbling forward and perhaps find pieces of a world we want.
Those who know Christina and Karen are encourage to write character letters to the Judge, requesting a sentence with no jail time. These must be addressed to The Honorable Judge Teresa Warner, Ramsey County Court and can be sent as an attachment to helpmkegirls@gmail.com, or inquire by email where to mail or fax letters. Also feel free to donate any amount to help with Karen and Christina’s legal costs, estimated at $40,000, via their website.
Also, please show up to the sentencing of Jesse James Forrey, on September 17th at 1:30 p.m in front of Judge Flynn at the Ramsey County Courthouse. He faces up to 5 years in jail and appreciates any support we can give him.
http://helpmkethree.blogspot.com/
http://supportjessejames.wordpress.com/
http://rnc8.org
Notes from Monday August 31st, 2009
Cast of Characters:
Judge Teresa Warner
Prosecutor Richard Dusterhoft
Defense attorney Barbara Nimis represents Christina Vana
Defense attorney Ted Dooley represents Karen Meissner
Prior to beginning jury selection, Judge Warner brought up several issues regarding motions the defense had previously filed.
State does not oppose joinder. Judge checks for conflict. Dooley waives objection for client. Nimis likewise. All agree on having a joint trial. Rule on joinder (MN Criminal Code 1703.2)
Defense motion to suppress evidence from search and seizure due to traffic stop on Sept. 1st.
Judge: Not a traffic stop
Police executed a search warrant at Max Specktor’s home
Max not home
Police stopped him on a pick-up and hold warrant
Officers stopped vehicle, placed Max under arrest
Cites case law: Marilyn etc. for routine traffic stop.
This was not a routine stop.
Driver identified with expired Texas license.
Other occupant refused to ID
No valid driver.
Vehicle towed and inventoried.
Photographed occupants and contents of vehicle.
The evidence is permissible
Dooley: Warrant for 3500 Harriet Ave. The motor vehicle was excluded from the warrant by MN case law. They would have needed a 2nd warrant. For the sake of appeal, let the record show it was a faulty stop and warrant.
Dusterhoft: Disagrees, there was an outstanding warrant for Specktor
Warner: Cites unpublished case from Court of Appeals on June 23rd ’09, MN v. Jarvis Hoffman which cites Marilyn v. Wilson and Pennsylvania v. Nimms. Ordering people out of vehicle doesn’t violate the 4th amendment. Warner had no testimony for police, and limited police reports, but thinks this wasn’t a routine traffic stop
Next issue, the attire of potential witness who is a Philadelphia police officer.
Dooley: Wearing a uniform can influence and persuade the jury. A cop from Philly isn’t on duty and shouldn’t be wearing uniform. Asks court to disallow cop from testifying in uniform. “All people should be equal in the eyes of the court.”
Dusterhoft: Officers aren’t usually on duty when testifying. He was licensed in MN to help with RNC under the joint powers agreement, appropriate to wear uniform.
Warner: will request to limit apparel. This was litigated on, cops can wear uniforms if that’s what they have when they come to court.
Dooley: 2nd issue, general discovery asked for records of officers, internal affairs etc. Haven’t been informed of anything.
Dusterhoft: There’s no proof they have records, he has no obligation to search. This is a fishing expedition.
Dooley: All of this is a fishing expedition
Warner: Happy to have a short hearing, doesn’t see the need to get into this.
Dooley: Sergeant Rotheker, on potential witness list, testified in Daniel Bon’s trial, who was accused of breaking a window. Rotheker testified about client. He has a tendency for name calling. Asking that Rotheker be instructed to not use pejorative labels such as anarchist, black block.
Issue about defense receiving witness list in a timely manner.
Dooley requests that witnesses be sequestered. Two defense witnesses leave, as well as plainclothes Sergeant Jay Maher.
Warner: Issue about the word intent. Quotes Dooley’s request to “prohibit prosecution witnesses from using the word intent.”
Dooley: Intent is an element of the crime, and has to be proven beyond a reasonable doubt. Only the defendant can say what their intent was.
Warner: won’t caution witnesses on the words they use. Brings up evidence from Convergence Center and 3500 Harriet Ave.
Dooley: The clients are charged with a specific act at a specific place, a bridge over I-94. Many people were coming into town to protest, this has nothing to do with the charge. The evidence will prejudice the jury and has no probative value. There’s come documentation from Smith Ave. (Convergence Center), if the prosecution wants to use that evidence, use it all, such as pamphlets about being a medic. There was all kinds of stuff at Harriet Ave, irrelevant and highly pejorative. Regarding the traffic stop, only their identification is relevant, besides physical proximity to items seized from van. Photos, videos and testimony will speak for themselves. If this evidence is allowed, the behavior of police should be allowed in.
Dusterhoft: There was a search warrant executed at 627 Smith Ave. Some of the documents seized were: “Why the RNC?” which said to throw energy into day 1 of protests, block intersections and bridges, had a 3 tier plan. “Unconventional Strategies” mention sector 5, where the alleged incident occurred, block freeway offramps, noRNC.org. “RNC Welcoming Guide”, shows protestor with gas mask, gloves, black clothing, describes 7 sectors, start strong on 1st day, says sector 5 was claimed by the Midwest cluster, and defendants are from Milwaukee.
At 3500 Harriet Ave, items were seized. Meissner’s journal, with phone numbers in it, talked about intersection slowdowns, giving your name as “Jesse Sparkles” to the police (which Vana allegedly did). Mentions Plan B, the Convergence Space phone number. Has permitted and unpermitted march times, reconvening at Bash Back intersection. “Crash the Convention” poster mentioning noRNC.org website. Sector maps, slingshots.
During the van stop, K. was driving, Mahoney was in the car. There were caltrops, helmets, fireworks, spring-loaded punches. The 1st day of convention, defendants blocked intersections and traffic. There was a plan, and intent. They had nothing against particular police officers, they wanted to stop the delegates from getting to the convention.
Dooley: Picture with glove and mask is irrelevant, looks like Michael Jackson. It doesn’t matter if they had intent to block traffic, or if they knew other protesters. They’re charged with assault, there’s no proof of this intent.
Warner: Says evidence is admissible, and puts the actions of defendants into perspective for the jury, but cautions Dusterhoft against taking it too far.
Judge and Counsel discuss the possibility of taking jury to the site of the alleged crime to see the area with their own eyes, instead of 2-dimensional video and photos. Warner says a colleague once granted this request, she’ll consider it.
Warner: About jury selection, MN Criminal Code 2603.6 says if there’s more than 1 defendant, extra peremptory challenges are allowed (a right in jury selection for the defense and prosecution to reject a certain number of potential jurors who appear to have an unfavorable bias without having to give any reason).
Defense and prosecution agree on 5 peremptory challenges for each defendant, and 6 for the prosecution.
Short recess before jury selection.
(Incomplete) Potential Witness list:
Deputy Jason Anderson, Sheriff Bob Fletcher, David Gottschalk, Brian Hilbert, Jay Maher, Ryan Murphy, Stephanie Myer, Paul St. Martin, Nick O’Hara, James Pembroke, Sergeant Rotheker, Tim Tuthill, Deputy Greg Barr, Joel Leonard, Craig Martin, Matt Wenty, Joel Weir (FBI), Rachel Neighting, Brandon Darby, Marilyn Hedstrom, Chris Dougar
Jury selection began after the recess, but was never completed before the case was resolved.
Sunday, August 30, 2009
Christina and Karen's Trial To Begin Monday
This is it. Karen and Christina's trial is going to begin this Monday at 1:30pm in front of Judge Warner in the Ramsey County Courthouse.
The trial is expected to last all week and support is definitely needed. Please come down to the courthouse if you are in the Twin Cities, or follow online on our blog, and spread the word.
The following is a tentative schedule for the week along with some thoughts, if you have any questions or want to offer support, please be in touch.
* Monday morning they have a motion hearing at 9am and then trial will begin with jury selection at 1:30. Jury selection is often put off as a boring precursor to the important stuff, but the people who are going to be determining our friends' fate are important to understand. During jury selection the judge and both attorneys will ask questions to help us get a picture of who the people are. Similarly, it is the jurors first glimpse of Karen, Christina and the case; having a room full of respectful supporters will help them understand how important this is. The day, and most days, will probably go until about 4pm.
* Tuesday things will start at 9, and begin with opening statements. The State will then begin its case, calling witnesses until the end of the day.
* Wednesday will be similar, potentially the State will rest at which point, after a short recess, the Defense would begin.
* Thursday will probably be the Defense's case all day.
* Friday we could possibly see the close of Defense's case. At this point the prosecution has the opportunity to call additional witnesses, followed by a second run for the defense. Then closing arguments and jury instructions.
There is a slight possibility that everything could finish on Thursday, and/or it lasting into the next week. Jury deliberation can also take a good deal of time, making the projected actual end seem like the middle of next week.
Trial is really hard and Karen and Christina deserve all the support we can muster. Little messages with kind words, songs, positive thinking can all go a long way. If you are going to come down to the courthouse please keep in mind your potential affect on the jury (how they think of all or any of us can influence how they think of Karen and Christina). If you are driving from Minneapolis please talk with others, carpooling is definitely needed. Some friends are going to be taking notes and posting them throughout the trial, so if you can't make it you can read about everything.
In these times of intense pressure and State oppression, our identity will be questioned and challenged. It is our response that defines who we are. It is through our support that we prove our compassion stronger than any Law or Judgement.
Yours in solidarity,
Friends of the MK 3
Tuesday, July 28, 2009
Letter from Dave!
Ramsey County Correctional Facility, Minnesota
Hello everyone. Two weeks have passed relatively quickly without incident. The first week I spent transferring between cell blocks, struggling to get vegan food (which I now get) and generally getting used to the place. Routine has kicked in and I'm just counting down the days. I am receiving lots of letters and spend half my day writing back to people (keep them coming!). It takes a long time to send stuff, but I will reply to every letter as long as there is a return address. I have been reading a lot, both fiction and non-fiction (sometimes it's nice to escape this place into some kind of fantasy). I jog during recreation and workout when I can. The food will sustain me, but I'll be needing to put on some weight when I get out!
I struggled during the first week with the systematic racism of jails, but it's nothing we didn't know already. Now the only thing getting me down is the conditioned racism, sexism, homo/trans phobia of the inmates with whom I interact. It would be great to hear messages of support AGAINST these issues to know I'm not the only on (it sure feels like it in here).
Despite everything, I remain determined, uncompromising and high spirited. Thanks to everyone who has written and to everyone who will write, thanks to those who have sent books and photos, thanks to those who called in to help me get vegan food. Your support means the world to me and makes this screwed up place very much more bearable.
After the next letter writing event or prisoner support benefit, friends should discuss tthe next action in which to challenge this system of domination. "Words don't do JUSTICE to pain." Propagandi
Things I miss and would like to write/ talk about:
Music: epic hardcore, anything punk/ metal, pop... fuck it, anything.
inddymedia/ infoshop.org/ occupied london/ CSA/ social rupture/ etc. (any 'world' news from these websites would interest me - keep it safe!)
Radical literature: the coming insurrection, tiqqun, etc., etc.
Stupid movies: Mr. Deeds, Dumb and Dumber, 2012, Jurassic Park (my love), fizzy drinks
anything English
Love, Dave
Also, to those who have been writing this is a reminder... Dave can't receive mail with glue, tape, newspaper clippings, cut-outs, etc. Keep it simple and he'll get your letters. He also is not allowed to receive stamps, envolopes or paper. They make him buy it from the jail.
One more month-ish! Thanks to all.
Karen
Thursday, July 9, 2009
Dave's Sentencing (and what we can do from here)...
After a jolly breakfast at Hard Times café, we packed as many people as possible into as many cars as were available and drove to the St. Paul courthouse. Surrounded by close friends and after a rowdy group hug smelling strangely of sweaty armpits, we filed into the courtroom, filling it entirely. Dave’s name was called first and he was, as laid out in his plea agreement, sentenced to 90 days in jail and 7 years probation. He is allowed to return to England and serve the 7 years there as long as he remains outside of the US for that time. His lawyer argued for less prison time and for half the time to be served at home; Judge Flynn subsequently denied both arguments. After a smile and wave, Dave was taken into custody and we filed out of the courtroom.
Though Dave is in jail, there are still ways we can support him and make his imprisonment as easy as possible. If you’d like to write Dave, here are some things you should know:
All mail will be opened before being delivered and illegal items will be removed. Illegal items include money and Polaroid photographs, as well as just about most things. Letters with glue, stickers, tape, ribbons, glitter, stains, lipstick, and other fun things won't be delivered. But you can use markers, crayons, and colored pencils, and you can send photographs no larger than 4" x 6". Books must be ordered through a publisher or website like Amazon.com.
Here's the address:
David Mahoney
297 S. Century Avenue
Maplewood, MN 55119
He does have access to some money at this time.
If you’d like to visit Dave we ask that you email visitdavedave@gmail.com and let us coordinate and set up the visit for you. He is only allowed twenty minutes of visiting time per week through a video screen (no personal contact is allowed). Up to three or four people are allowed per visit. We’d like to make sure he gets to see everyone and that someone is visiting weekly. Again, there are stipulations for the visit besides their no real contact policy:
Visiting hours are:
Saturday and Sunday: 12:30, 1, 1:30, and 2 (pm)
Tuesday, Wednesday, Thursday: 1:30, and 2 (pm)
You must be over 18 and have a valid ID.
If you are under 18 you must be accompanied by your parent or legal guardian.
All visits are monitored and probably recorded.
Don’t be provocative or wear provocative clothing.
Etc.
Stupid
Etc.
Boring
Etc.
Rules
Basically you are to be as lame as possible and will be made to feel as uncomfortable as possible. But…
Visiting breaks up the monotony of doing basically nothing every day AND…we all know Dave would love to see us!
Please, if you have questions, do not hesitate to email: helpmkegirls@gmail.com
One more thing…
Dave’s involvement may be ending but there are still others bravely fighting their charges from the RNC. Please support them. As most of the felony trials are over, they are in need of more and more encouragement. Please visit the following sites for more information:
Me and Christina
you are here!!
Jesse James Forrey
supportjessejames.wordpress.com
The RNC 8
Rnc8.org
Thanks friends!
- Karen
Wednesday, July 8, 2009
Thanks!
Monday, June 15, 2009
Karen and Christina: yet another court appearance
Saturday, June 6, 2009
The Future for Dave
on July 9th Dave will be sentenced in Ramsey county court house to a maximum of 56 days (90 days minus good behavior and time served). The address to write him at (most likely the local Woodbury workhouse) will be posted online soon afterwards along with information regarding the regulations on sending him stuff. He will maintain his vegan (animal free) diet in jail. Soon after serving this time he will return home to England where there will be one hell of a party.
Tuesday, June 2, 2009
Dave Mahoney Still Has a Posse: Solidarity in the Face of Vindictive Prosecution
a message from the Community RNC Arrestee Support Structure (rncaftermath.org)
Monday morning in Ramsey County District Court, RNC activist Dave Mahoney pled – under pressure and significant duress – to a single count of second degree assault, a felony. Instead of going to trial on the 10 felony counts stemming from a single invented incident, Dave and the office of Ramsey County Attorney Susan Gaertner agreed to a plea bargain. Given the disproportionately ferocious, political prosecution, Dave and his attorney evidently found it in their best interest to agree to a 90-day cap on jail time, reduction of the (single) felony charge to a gross misdemeanor after the sentence is served, and the ability for Dave to return to his native England after the jail term. With credit for good behavior and time served, Dave is looking at 56 days or less in jail, as opposed to the decades possible if he had lost at trial.
Of the dozens of RNC charges heard in open court, authorities have not won a single conviction. The manipulation and reliance on overtly authoritarian pressure evidenced in Dave’s case is indicative of the only tactic the state has left to justify the police brutality and fiscal waste characterizing the RNC and its aftermath. Dave faced two, then six, and ultimately ten charges. First accused of aiding and abetting the drop of a bag of sand in front of a slow-moving delegate bus on a closed highway exit ramp, authorities then levied a count of terroristic threats and assault for each so-called "victim" on the bus who claimed to feel "terrorized." All together, Dave eventually was looking at decades behind bars and a dramatically tainted jury pool until the prosecution made the sudden plea offer last week. The absurdity of the state's persecution should be apparent, but so should the impossible position in which Dave was placed. Indeed, what would you do under similar circumstances?
In a letter to his lawyer last December, prosecutor Richard Dusterhoft called his case "by far the most serious RNC case I have" (an assertion we find silly at best). He has referred to Dave as the "poster boy of the RNC" in open court. Similarly, during the presentation of the Heffelfinger-Luger Report in January, Andrew Luger called the alleged bag of sand incident "the most frightening moment of the convention," apparently overlooking the pre-emptive raids, state-sponsored shutdown of downtown, and hundreds of brutal injuries caused by police.
It is, of course, too much to ask that agents of the state consider such things. The cognitive dissonance could prove fatal, what with so many careers to further, so many dollars to grab, so many atrocities to excuse. If an activist like Dave -- whose community believes him, as we do, completely innocent of the anything resembling assault or terror crimes (if in fact there was ever a crime at all) -- has to serve months in jail on a politician's whim, so be it. There are, of course, priorities. That those priorities fail to align with common sense or justice is neither here nor there.
Back in reality, Dave, his comrades, and friends -- from England to the Twin Cities and beyond -- are not guilty of assaulting delegates. Rather, they and we are launching assaults on the interlocking systems of injustice and oppression which keep all of us in one form of prison or another. Like Dave, we didn’t and don’t commit this assault with bags of dirt or pointed fingers; we attack the system with continuous, relentless organizing in a diversity of forms, seen and unseen. That those who benefit most from temporary power fail to recognize this should surprise no one.
The state-sanctioned kidnappings of our friends by cartoonishly villianous stooges like Bob Fletcher – the very embodiment of corruption and contemptible, scabrous sleaze, as even the mainstream press and the FBI are starting to realize – and the subsequent legitimizing of these crimes by other criminally smarmy agents of the state should not stop anyone. Until borders have been broken and police prevented from terrorizing our communities in the manner they do every day, we will continue to assault any system that withholds our basic needs and denies our wild dreams.
Due to the nature of these battles waged within the confines of the criminal injustice system, there is of course more to be said -- but it must wait. If you, too, have dreams of love, rage, and freedom, perhaps you too can say some of it under your breath. More important than what we can or cannot say, however, is what we can do.
The RNC happened in our community, but the interests it served and the repression it entailed are fundamental to the structure of this society … indeed, the world system. Don’t forget. From the RNC 8 to the RNC Others; the Tarnac 9; the AETA 4; and all those past and present - defend ALL targets of state repression.
RNC 8: rnc8.org
Jesse Forrey, currently on trial call: supportjessejames.wordpress.com
Christina Vana and Karen Meissner: helpmkethree.blogspot.com
Write to the Texas Two, Bradley Crowder and David McKay, serving 2 and 4 years in prison, respectively, as well as Matt DePalma, at (this address will change in a few weeks):
Sherburne County Jail
13880 Highway 10
Elk River, MN 55330-4601