Texas 2 Solidarity Statement

http://tc.indymedia.org/2009/mar/re-trial-david-mckay-monday / Felony
Working Group Statement, Twin Cities / Re-Trial for David McKay on
Monday

As the case of Bradley Crowder and David McKay, two individuals from
Texas who are being federally charged with Posession of an
Unregistered Firearm, has unfolded, there have been many confusing
and saddening developments. The Texas two were accused of making
molotov cocktails at the RNC. Amongst the controversies and
cloudiness has been the revelation that Brandon Darby, a well
known-activist, had been working as an informant for the FBI and was
heavily involved in the case against them. This fall, six activists
from Texas (including informant Brandon Darby) were subpoenaed to a
grand jury in connection with the charges against Bradley and David,
and had their subpoenas dropped. There have also been rumors
regarding whether or not either of the Texas two are co-operating
with law enforcement.

In early January, Bradley Crowder took a guilty plea. He has been
held without bail in prison since his arrest at the RNC and is
awaiting sentancing. The felony working group in the Twin
Cities—which has been doing legal support for those facing felonies
stemming from the RNC—has been unable to ascertain whether or not his
plea is a cooperating one (i.e., if he is implicating his
co-defendant and giving other information to the state in exchange
for less prison time). Bradley is also facing new felony charges in
relation to another incident at the RNC, and there is concern, but no
specific evidence at this point, that he may be cooperating in the
prosecution of two other people relating to this incident.

David McKay has plead not guilty to the charges against him. In late
January, his trial resulted in a hung jury. His retrial will begin on
Monday, March 16th.

Upon his arrest, David made statements to the police that may have
implicated himself. At his previous trial, David stated that he had
tried to “cover” for the other individuals who were allegedly
involved. It seems that McKay's discussions with law enforcement were
motivated not out of selfishness but naivete. Though irreconcilable
damage may have been already been done, it was clear at McKay's
original trial that he had not intended to implicate his co-defendant.

If we truly desire for our community of resistance to survive this
wave of state repression, we must make a habit of security culture
practices, including never speaking to law enforcement of any agency,
especially about actions that one or one’s friends have taken. A
common law enforcement tactic is to coerce those facing serious
criminal charges by encouraging them to implicate their co-defendants
and give up information on other individuals under the frequently
false impression that it will lessen the consequences that they face
personally. It is important to keep quiet even-- perhaps especially
so-- in cirumstances that are scary and unexpected and messy.

While both Bradley and David have taken actions post-arrest that may
seem questionable to members of the radical community, it is
important not to lose focus of who it is that enabled this
prosectution and created this situation. The work of FBI informant
Brandon Darby is instrumental in placing these two behind bars. Darby
is well-known amongst radical communities in the U.S. and has been
working with the forces he was presumed to oppose for at least the
past two years in relation to the RNC. Those who knew him felt he was
eager to suggest and encourage illegal actions, in particular those
involving explosives, weapons, property destruction or violence. It
seems clear that Darby exploited the Texas two’s desire to do
something powerful in response to a world full of systematic violence
and oppression. McKay’s lawyer intends to use this in his defense.
While Brandon Darby has justified his involvement with the FBI by
taking a moral high ground and has stated that the people whose life
he has handed over to be devoured by the state had no “legitimate”
motivation, his actions have reverberated beyond the lives of Bradley
and David. Brandon Darby has only given the state more capacity to
disrupt the communities of resistance that it finds threatening. We
feel that the case of the Texas two has relevance to our community
beyond supporting them as individuals. This case is being used as a
justification for repressive tactics, and will influence the
political climate that anarchists exist in.

At McKay’s first trial, it was mentioned to individuals who were
present to watch it that his lawyer and father would prefer if
scruffy anarchists weren’t there, potentially influencing the jury.
Some individuals chose to leave and others decided to stay. Be aware
that at least McKay’s father and lawyer expressed those wishes, and
they certainly didn’t ask for courtwatchers. But you may have other
reasons why it is important for you to be there, and it can be a good
thing to have a watchful, respectful presence in the courts when
radicals are facing charges. Notes from the first trial are available
here on twincities indymedia. Details on where the trial will be held
will be posted here later as well.

More information can be found on Bradley and David’s support site,
freethetexas2.com

The felony working group’s webpage has updates about the Texas Two as
well as others facing felonies. A copy of Bradley Crowder’s plea
agreement can also be found there.
http://rnc08arrestees.wordpress.com/arrestees/felony-info-and-support.