This very dramatic look at one of the thousands of Occupy Wall Street trials, also provides an expose of lowly misdemeanor court and the people who are victims of our economy. Meanwhile defendent Clare Hanrahan gives a rousing defense that Perry Mason would be proud of.

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You have the right to remain silent

Occupy Asheville trial speaks loudly

By Bill Branyon

"The people are rising in objection to grave injustices in this community, in the world. Most of those injustices go forward with impunity. The charges and sentencing that individuals have received for asserting constitutional rights for free assembly, and vigorous free speech in the public square, loses the fact that the larger criminals are going forth with impunity. I believe that the people will continue to rise and speak truth to power at whatever personal risk. The times require it of us.

Such was Asheville resident Clare Hanrahan's soaring rhetoric during what one might think would be in a political rally. But no, it occurred in a lowly basement misdemeanor court, Buncombe County District Court #1. There, Hanrahan and five of her friends sat quietly from 9am to 3pm waiting on Judge Patricia Young to call her case. Well" four friends. Activist Coleman Smith was thrown out by the bailiff for whispering one word to Steve Norris Norris had previously been found guilty for erecting an anti-mountain-top-removal wind mill in front of Bank of America across from Pritchard Park.

  The judge presided in front from a throne assisted by a clerk, three-to-ten lawyers swarming about, and six-to-eight, fully-armed policeman from the downtown district in yellow, high-visibility vests, perched patiently on the right side. That contrasted sharply with the approximately 120 of us crammed below into about fifteen low-rent pews, and cowed into completely silent attention. The room and ambience seemed like an underfunded grammar school with blinds drawn, bare, monotonous dirt-brown walls, and a low-paneled ceiling--with a very strict teacher.      "Judge, can you give us some idea when my case will be addressed?" asked Hanrahan when her name was roll-called, about an hour-and-a-half into the proceedings. "I have witnesses that need to know."

"Sit down and sit tight," said the judge softly, straightening her long blond hair. "You're getting your due process."

And so we listened to about fifty stories of those who'd been crushed by our corporate economy, their own bad decisions, or addictions. One man received five days in jail for begging 73 cents. A woman got hard time for stealing soft $24 ear buds from Wall Mart. Another man was sentenced for possessing over a half-ounce of a nonviolent, mind-altering weed-- with punishment added for carrying a pipe to smoke it in.    The portentous monotony was broken when some of the defendants already in custody spoke from a heavy metal screen cage on the right, called the "Tank." The judge also sentenced prisoners who amazingly appeared on a video screen on her left.

ZZ Top's Monkey Wrenchers

None of the cases had much glamorous, court-room drama, with defendants mainly standing in front of the judge while court-appointed lawyers referred to them as if they weren't there. But Hanrahan's case was different. She'd decided to defend herself. The almost forty other Occupy-Asheville defendants had pleaded together at an earlier court date while represented by pro bono lawyer, Ben Scales. And, as ZZ-Top look-alike "Wezel," who was facing his own court Occupy court case soon, declared: "We'll do anything to monkey wrench the system."

The DA set up the case by interviewing Officer Travis Dike, who was present during Hanrahan's principal, alleged crime along with about 150 other marchers. "Did you see the defendant during the November 2^nd, 2011 march?" asked the D.A.

"Yes, I saw her several times. It was that lady sitting there."    Finally!, we were in the Perry Mason realm that our TV-zombied nation knows so well! There were enough dramatic objections, sustainings and overrulings to make the long wait worthwhile . Upon cross-examination, Hanrahan contended: "By virtue of my being a familiar presence in the downtown area I am selected for prosecution."

"Objection," said the DA.

"Sustained," said Judge Young. "Your statements must be phrased as a question."

"You could have arrested any of the 150-plus people marching," hammered Hanrahan, "weren't you discriminating due to familiarity, due to my transparency in the community?" Hanrahan was serving as a National Lawyers Guild Legal Observer, and with six others was wearing the lime green hat to mark that role during the demonstration.

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?"

"Yes." "She will therefore serve an active term of 24 hours. Is there any credit against that judgment?" "Yes," said the DA. We served her the warrant and that could be considered the equivalent of one day."    "Then if the court were to modify that to one day do you have any objections?"   "No objections your honor."       "Sentence is one day, credit for one day previously served. You are free to go."

"Thank you," said Hanrahan softly. The four of us gave Clare quiet hugs, then loud hurrahs when we emerged from the courtroom, out into the lunatic afternoon, ready to fight in the lopsided dog-eat-dog that is the American economy.

The next Occupy Asheville trial will be on June 24^th. Admission is free. Bill Branyon is a free-lance historian. His latest book is the nonfiction Liberating Liberals: a synthesis of Nietzsche and Jesus, Vonnegut and Marx (Groucho, not Karl).

Authors Bio:
Bill Branyon is a free-lance historian who has written three books: Blue Ridge Blues — a respectful, science fiction look at Billy Graham; Asheville NC, circa 2,000 AD — a historical faction about Asheville politics and culture; and now his first nonfiction book, Liberating Liberals: a political synthesis of Nietzsche and Jesus, Vonnegut and Marx (Groucho, not Karl) and Gandhi and Machiavelli.
For the last twenty years Bill has been a staff reporter and editorialist for the Mountain Xpress. He has a Masters degree in history from WCU, and a BA in history from Vanderbilt. He’s run for mayor, walked for peace, and is a hyper-activist — when not lying out by the pool.