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LOCAL NEWS: Olympia files misdemeanor charges against 3 November PMR protesters Print E-mail
Written by Mark Jensen   
Sunday, 18 May 2008

On May 16, more than six months after sixty-one antiwar activist were arrested in the course of thirteen days of port militarization resistance protests in Olympia on Nov. 5-17, 2007, the Prosecutor's Office of the City of Olympia announced Friday that it had filed misdemeanor charges against three of them.  --  Only two weeks earlier Olympia's city manager said the city believed it had nine "good" cases against protestors, but "City Prosecutor Kalo Wilcox declined to discuss Thursday why none of the others who were arrested has been charged."[1]  --  Those charged:  Shyam Khanna, arrested Nov. 8, 2007, and Kathleen Hutchison and Patricia Hutchison, arrested on Nov. 10, 2007.   --  BACKGROUND:  As usual, the article in the Olympian reports nothing on the reasons for protesters' actions last November.  --  For one version of that rationale, see UFPPC's statement of Dec. 20, 2007, entitled "The Failure of Democrats to Stop the War Is a Crisis of the Republic Legitimating Civil Resistance," and which notes international law expert Francis Boyle's argument that "American citizens possess the basic right under international law and the United States domestic law, including the U.S. Constitution, to engage in acts of civil resistance designed to prevent, impede, thwart, or terminate ongoing criminal activities perpetrated by Bush administration officials in their conduct of foreign affairs policies and military operations purported to relate to defense and counter-terrorism."  --  Such action, Boyle points out, constitutes not civil disobedience but "civil resistance."  --  The Olympian effects a neo-Orwellian role-reversing mystification:  those defending the rule of law appear as lawbreakers, and those defending illegality appear as officers of the law.  --  For more on the November PMR protests, see UFPPC's statement of Nov. 15, 2007, on the outrageously excessive force that Olympia police used against the demonstrators, which also goes unmentioned in the Olympian's article.  --  UFPPC commented in a statement "On War and the Corruption of Language" on Jul. 8, 2004:  "Those in power are unable to accept that their deeds be described accurately.  Instead, they insist on descriptive terms that justify their actions, while finding the means to suppress, censure, or marginalize true descriptions. Some of the people who do this are self-deceived.  Some of them are scoundrels.  The self-deceivers and scoundrels have different motives, but they have a common interest in finding ways to deal with those who use language accurately." ...

1.

News

Local

OLYMPIA CHARGES 3 PROTESTERS
By Jeremy Pawloski

** Prosecutor won't say why others have not been charged **

Olympian (Olympia, WA)
May 16, 2008

http://www.theolympian.com/southsound/story/450636.html

The Olympia Prosecutor's Office has filed misdemeanor charges against three of the 61 people who were arrested during November's protests at the Port of Olympia.

The three were identified in a city news release as Shyam Khanna, Kathleen Hutchison, and Patricia Hutchison. City Prosecutor Kalo Wilcox declined to discuss Thursday why none of the others who were arrested has been charged, saying that discussing the cases with that level of detail could compromise defendants' right to a fair trial.

"I'm trying to protect the fairness of the trial for both the defendants and the city," she said.

City Manager Steve Hall had said recently that the city has nine good cases against people who were arrested during the protests.

Wilcox said no decision has been made on whether to charge any of the others in the protests, in which participants tried to stop military cargo used in Iraq from returning to Fort Lewis. There is a one-year statute of limitations for filing criminal charges against those who were arrested, and it's possible more charges could be in store, she said.

INDIVIDUAL CHARGES

Khanna is charged by criminal complaint with obstructing an officer and resisting arrest.

Kathleen Hutchison and her twin sister, Patricia Hutchison, are charged with obstructing an officer.

The charges against the three all are misdemeanors, carrying a maximum penalty of 90 days in jail and a $1,000 fine.

During the protests, which were coordinated by Olympia Port Militarization Resistance, demonstrators threw debris in the road and formed human blockades.

Noah Sochet, a member of OlympiaPMR, said she witnessed the Hutchison sisters' arrests and that the cases against them are weak. He said Patricia Hutchison "couldn't even see when she was arrested" Nov. 10 at Plum Street and Fourth Avenue. Her face was caked with pepper spray, and she was placed in a police van for 25 minutes as she cried and waited to be sent to the police station, Sochet said.

Kathleen Hutchison tried to ask officers if she could help her sister get medical attention, and she, too, was arrested, Sochet said. Sochet added that a man with Kathleen Hutchison also was arrested; he has not been charged.

"It's laughable that they're being charged with anything," Sochet said. "They weren't doing anything illegal."

The Olympian reported in November that Khanna was charged with pedestrian interference and resisting arrest after his arrest Nov. 8. According to Khanna's Nov. 8 citation, written by an Olympia police officer, "I observed Shyam intentionally get in front of a vehicle in the roadway. This caused the vehicle to brake and swerve quickly to avoid a collision. Shyam was then told he was under arrest. He refused to exit a group of people and tried to physically prevent his arrest. He was arrested and booked." Khanna has pleaded not guilty to the charge.

Another man, Jonathan Steiner, also was arrested for allegedly blocking a military vehicle in the road Nov. 8. His name was not included in Thursday's news release from the city of Olympia; it was unclear why Thursday night. The Olympian reported in November that Steiner pleaded not guilty to pedestrian interference and obstructing a police officer.

'RANDOM'

Sochet said "it seems kind of random" for the prosecutor's office to charge only three people, but he expects that more will face charges.

Sochet said OlyPMR would like to see an independent review board investigate the police actions during the protests. He said he was not arrested.

According to Olympia's news release, the Olympia City Attorney's Office has bolstered staffing to assist with the continued review of the Olympia Police Department's investigation of the protests.

In addition, the city attorney's office will rely on help from the Thurston County Prosecuting Attorney's Office for help reviewing the OPD's arrests during protests Nov. 13, 2007. OPD arrested 42 people that evening.

Thurston County Prosecuting Attorney Ed Holm said Thursday that his office has not yet received any materials from the city attorney's office.

--Jeremy Pawloski covers public safety for the Olympian. He can be reached at 360-754-5465 or jpawloski@theolympian.com.

 


Last Updated ( Monday, 19 May 2008 )
 
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