Then
the DA introduced a police video of the November 2 march and rally. The video
had been viewed by officers who issued warrants for arrest of selected persons. Hanrahan, officer Dike, the judge and the DA all leaned over
together to watch it. For over twenty minutes the courtroom rang with police
sirens, broken by the strident chants of the marchers including: "How do you
stop the deficit? End the wars, tax the rich." Yet everyone sat quietly.
At
Doc Chey's, during the lunch recess, Hanrahan was more informal. "The court is
trying to harass the Occupy movement by selecting certain highly visible
individuals for prosecution and making an example of them," she said. "This can
have a chilling effect on people's participation in any future demonstrations."
She
had just returned from Occupy demonstrations against the Bank of America in
Charlotte, and against NATO in Chicago. "In Charlotte the police assisted the
demonstration rather than opposed it," she said. "The Asheville police should
be proud to protect vigorous exercises of democracy, and not be so concerned
that traffic is slightly slowed for a few minutes. "Also,
"some
demonstrations are spontaneous as was this one, in response to Oakland's
two-time Iraqi-War veteran Scott Olson hit and critically injured by a police
projectile, the day before.
Back
in the courtroom the Judge kept honing in on the fact that the police had
identified Hanrahan unequivocally, and she had violated General Statue law
20-174.1. That law made it illegal to impede traffic by standing, walking or
lying in the street, with penalties up to 20 days in jail and a $500 fine.
I
was not in great sympathy with Hanrahan's case, though I've supported many of
her other actions over twenty years. A recent one was an antiwar, anti-Wall
Street demonstration on the Charlotte Street and I-240 bridge in which about
two-hundred of us were able to communicate our horror to President Obama as his
motorcade of over ten, black-SUVs returned from Barack's and Michele's hike on
the Parkway and lunch at 12 Bones.
I
also felt that the Occupy Asheville group had done a great job of making their
opposition to the American economy known. I'd marched in two of their pickets,
staying on the sidewalk, as well as attended three long meetings at Pritchard
Park. To me it was obvious that they were calling for an economic constitution
to go along with
our
current political one that hardly mentions the economy. But I hadn't paid
enough Occupy dues for my ideas to be considered. In
addition, I also knew that most of M.L. King's supporters opposed his using
children in the historic, 1963 Birmingham action, and that they marched in the
streets against Federal court orders. That obstinate courage led to Bull
Connor's sicking dogs and water cannons on the children, which caused the
national outrage that eventually desegregated stores and public places. Just because I didn't support this particular march didn't
mean I shouldn't support Hanrahan's efforts in general.
Someone
has to keep dramatizing the dangerous torture that is our economy, and who
knows what could be the straw that inspires the necessary change. So what that some
actions are going to seem excessive, obnoxious or nonsensical.
Freedom
of Speech or Enslavement of Traffic?
"Was
there any danger to pedestrians during the march?" the DA asked the second
witness, police officer Leslie Torgow .
"We
saw motorists trying to beat the march at intersections," she said.
"Did
you have to block off intersections?" continued the DA.
"Yes.
We didn't as they marched from the I-240 overpass on Lexington, up to College
Street. But by then we had our squads positioned and blocked all intersections
as College turned into Patton down to the Federal Building, as well as all
streets from where they U-turned and marched back east, towards Vance Monument
on Patton."
"How
long was traffic impeded?"
"For
at least several stop-light cycles."
In
Hanrahan's closing remarks she claimed: "The police blocking of the
intersections gave every appearance of being an escorted march. People said how
wonderful it was that the Asheville police were aiding and abetting this effort
at free speech". "I don't understand why three warrants were issued for me. For
many nights, I felt the intimidation of wondering when I might hear a knock on
my door or be snatched from the street and taken into custody".
"Asheville
police and firefighters know about the need to join together and make
themselves visible in their concerns about injustice," she continued, looking
at the six, seated police officers, "particularly about your recent raise
controversy in which you marched upon the streets of Asheville." "The best relationship between
officers of the law and individuals vigorously expressing free speech is one of
mutual respect. Facilitating this expression rather than thwarting it would be
the wise counsel. As a legal observer I've never seen the APD creating the
level of conflict that has occurred in other
cities. They really have a good track record and I would like to see that
continue." Then
there was quiet. Judge Young had shown great compassion in some of the earlier
cases, directing peace disturbers, homeless trespassers and addicts to relevant
agencies; pleading that they figure out what's leading them to break the law
and to permanently blemish their records. Yet when she spoke she said: "We
find you guilty of impeding traffic". My function is to find whether there was
any violation of the law". You have a right to speak before sentencing." "I really have nothing left to
say if I'm to be found guilty on this technicality," said Hanrahan, and then
launched into her "going forth with impunity" oration. When she finished the
judge sentenced her to 12 months of un-supervised probation, a $50 fine, and a
10-day suspended sentence. "With
due respect your honor," replied Hanrahan, "I'd prefer an active sentence than
to live on probation or pay the fine. I'm prepared to spend my time in your
custody for whatever time you deem necessary." "Let
the record show that's she's refusing probation," said the judge quietly. "Is
that correct?"
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