Another motion asked the judge to suppress the prosecution's use of defendant Brent Betterly's Facebook posts, since his posts continued after he was in police custody without access to a computer, indicating that others were posting in his name. That motion was also denied.
The lead attorney for the trio, National Lawyers Guild attorney Micheal Deutsch, denied they were anarchists after the arrests.
"They are not anarchists. They are not members of the Black Bloc organization. This is a way to stir up prejudice against the people who are exercising their First Amendment rights."Chicago police chief Gerry McCarthy told local Fox News the use of undercover officers was a standard and accepted practice. According to the National Lawyers Guild of Chicago, the two undercover officers "Mo" and "Gloves" were also identified in protests against shutting down a Chicago mental health clinic.
Protesters against wars and against economic summit meetings at which transnational economic policies are formalized and discussed have long complained undercover police are sent into their midst to disrupt peaceful actions and to act as provocateurs, pushing for violence within otherwise lawful protests. During the G-20 conference in Pittsburgh, video was captured of three alleged police officers dressed and posing as anarchist "Black Bloc" members, whom police contend approve of property damage to banks and other symbolic institutions.
2009 G-20 Conference, Pittsburgh, Undercover Police "Made"
Friends and supporters of the NATO 3, as they have come to be known, characterize them as anything but the violent figures the prosecutors portray. Bill Vassilakis, the landlord of the apartment where he was letting the defendants and other NATO, anti-war protesters stay, said Betterly was trained as an industrial electrician who had helped with wiring at The Plant, a Chicago experiment in sustainable food production within city limits. Vassilakis told CBC News:
"All I can say about that is, if you knew Brent, you would find that to be the most ridiculous thing you've ever heard. He was the most stand-up guy that was staying with me. He and the other guys had done nothing but volunteer their time and energy."After Brian Church completed a course in emergency medicine at Broward College in Florida, he headed to the Chicago protests to help with what has become a standard feature of large, organized protests -- the first aid tents -- in the hope it would help him achieve his dream of becoming an EMT. His mother told the Florida Sun Sentinal:
"He was very proud of the fact that he was helping set up the first-aid tents,"Church's mother, a physician's assistant, said:
"The whole terrorism thing just blows my mind...This is a kid who made sandwiches to hand out to the homeless."The proceedings in the case have already exhibited quirks which have legal observers asking questions. During their bond hearing, the three were brought into the courtroom wearing orange jumpsuits and shackles, even though CBS News noted:
"Most defendants, including accused killers, regularly appear in bond court without handcuffs or shackles, although they are escorted by sheriff's deputies."And when defense attorneys asked for a copy of the indictment in court, prosecutors declined, prompting Deutsch to tell the Judge, "I don't understand."
CBS 2's Derrick Blakley reported Judge Adam Burgeois Jr. said he didn't understand either, "but that's the way they're doing it."
The men now face 85 years in prison each if convicted of the most serious charges.
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