Regarding The State of Minnesota v. Christina Vana & Karen Meissner

infoshop news Sept. 2, 2009

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 http://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.