Additionally, Judge Donnelly’s order announced that he will be issuing a ruling on the merits of the motion to dismiss on Thursday, September 27, at 10:30am in room 1307 of the Daley Center (50 W. Washington). We encourage you to be present, but you do not have to be. Once the Judge issues his ruling on the motion to dismiss we will circulate it via e-mail. If the judge does not dismiss the charges then we plan to request a continuance of the case so that people who are charged can decide how they wish to deal with the case.
Deadline Approaching in Anti-war Class Action
October 22 Deadline to Submit Claim Form in Anti-war Class Action
Earlier this year Vodak v. City of Chicago, a class action lawsuit resulting from false arrests at a 2003 anti-war protest, settled for $6.2 Million.
After nine years of litigation, attorneys from the Chicago Chapter of the National Lawyers Guild scored a significant victory by settling the suit. The case is a class action on behalf of over 700 protestors who were falsely arrested or detained by Chicago police during an anti-war demonstration in 2003.
The class is made up of any individual who was either held on the street for over 90 minutes or arrested and taken into police custody on Chicago Avenue, east of Michigan Avenue on March 20, 2003.
The deadline for class members to submit a claim form is October 22, 2012. Any class member who did not receive a form should contact the Claims Administrator immediately to request one. The Claims Administrator can be contacted at:
NLG Chicago Stands with CTU
NLG Chicago stands in solidarity with the Chicago Teachers Union (CTU) as it calls for a strike. The CTU’s move to strike is its last resort and has become essential in its fight for a fair contract with the Chicago Public Schools.
The CTU is up against a formidable opposition composed of Mayor Rahm Emanuel’s hand-picked Chicago Board of Education and Chicago Public Schools leadership, who have demonized educators and education professionals while simultaneously engaging in a systematic and self-serving push to privatize public education. Instead of using its resources to support its teachers and provide a better education to the students in Chicago’s schools, Mayor Emmanuel and the Board of Education consistently cater to special interests and push through initiatives that benefit their own personal and political positions.
NLG Chicago and our Labor & Employment Committee (L&EC) applauds the CTU and its membership as they stand strong against the Mayor and the Board of Education and fight for dignity in what is undoubtedly one of our society’s most important professions. In doing so, the CTU provides inspiration to all across this city and across the United States who are engaged in a struggle for better working conditions and fair compensation in these difficult economic times.
Because CTU members out on the picket lines will likely face unwarranted attacks in their personal lives and in the media, the NLG Chicago L&EC encourages everyone to reach out to the educators and education professionals in their lives and offer their support. In the struggle for better public education in Chicago, their fight is our fight, and the NLG Chicago L&EC firmly stands in solidarity with the CTU and its members as they take that fight to the streets and sidewalks across Chicago.
NLG Uncovers Terrorism Indictments in Chicago NATO Protest Case
National Lawyers Guild Uncovers Terrorism Indictments in Chicago NATO Protest Case
Eleven charges come without any supporting evidence, arraignments to follow on July 2nd
Chicago, IL — After being denied access to the charges brought last week by the State’s Attorney’s Office against three NATO protesters accused of terrorism crimes, defense counsel obtained the indictment today from the Clerk of the Cook County Circuit Court. In addition to the previous State charges of material support for terrorism, possession of an incendiary device, and conspiracy to commit terrorism, prosecutors also charged the three defendants — Brent Betterly, Jared Chase, and Brian Jacob Church — with additional counts of possession of an incendiary device, attempted arson, solicitation to commit arson, conspiracy to commit arson and two counts of unlawful use of a weapon, totalling 11 charges each. All three defendants remain in jail on $1.5 million bond.
“The prosecutor controls the grand jury and is able to obtain a rubber-stamped indictment for any charges it desires,” said Chicago National Lawyers Guild (NLG) attorney Michael Deutsch, from the People’s Law Office and one of Church’s defense attorneys. “The fact that the indictment charges the defendants with 11 serious felonies, including ‘terrorism’ and two separate ‘conspiracy’ charges for the alleged possession of 4 makeshift incendiary devices shows that the State is intent on continuing its strategy to sensationalize this case.”
While this is the first time the State’s Attorney’s Office has filed charges under the Illinois terrorism statute, certain aspects of the case, such as infiltration and the politicization of criminal activity, are common to other contemporary high-profile cases elsewhere in the country. In early May, federal terrorism and explosives charges were brought against five men in a Cleveland case that involved at least one infiltrator, questions of provocation, and the intentional use by prosecutors of terms like “anarchists” and the “Occupy Wall Street” movement in an effort to politicize the accusations. Another federal explosives case stemming from the 2008 Republican convention protests in St. Paul also involved informants.
“The common thread running through the NATO 3 case and other similar contemporary cases is politically motivated infiltration,” said Chicago NLG spokesperson Kris Hermes. “Given that no Molotov cocktails or other incendiary devices have been used at any political demonstration in the U.S. in recent memory, questions of whether law enforcement is in fact provoking or manufacturing criminal activity remain unanswered and extremely relevant.”
At least two infiltrators were used to arrest the NATO 3 defendants, as well as two other activists seriously charged during the NATO demonstrations in May. “Mo” and “Gloves” were part of a months-long investigation into Occupy Chicago, including getting arrested in April during protests to keep the Woodlawn Mental Health Clinic open. Questions remain as to the infiltrators’ intent, as well as the breadth of their involvement. The infiltrators were also arrested in the Bridgeport house raid, at the same time the NATO 3 defendants were arrested, but “Mo” and “Gloves” have not been seen since. Six other activists arrested in the raid were released more than 30 hours later without any charges.
The NATO 3 were formally indicted by grand jury on June 12th and are expected to be arraigned at 9am on Monday, July 2nd in room 101 of the Cook County Courthouse at 2600 S. California.
Further information:
Indictments: https://nlgchicago.org/wp-content/uploads/NATO3_Indictments.pdf
Terrorism Indictments Expected Tuesday in NATO Protest Cases
Unprecedented Illinois Terrorism Indictments Expected Tuesday in NATO Protest Cases
State’s Attorney has yet to provide important evidence, like police reports, search warrant, and affidavit
Chicago, IL — Three young men arrested in a Chicago house raid in advance of last month’s NATO demonstrations are expected to be indicted this Tuesday in a highly controversial case involving infiltration and never-before-used Illinois state terrorism charges. The three defendants, Jared Chase, Brent Betterly, and Brian Jacob Church, were charged with material support for terrorism, possession of an incendiary device, and conspiracy, and have been held on $1.5 million bond for nearly a month as they await trial. The State’s Attorney has made numerous allegations, but has so far produced no physical evidence of criminal activity, not even the search warrant or affidavit of probable cause.
What: Expected indictment of so-called NATO 3
When: Tuesday, June 12th at 11:30am
Where: Cook County Courthouse, 2600 S. California, Room 101
“For the city to use such sensational charges in this way, before a national political demonstration, hiding the evidence and not indicting for a month after the arrests is indefensible,” said National Lawyers Guild (NLG) attorney James Fennerty. “These activists are sitting in jail on prohibitively high bonds while the state tries to piece together its case, keeping everyone in the dark.”
It was discovered shortly after the May 16th Bridgeport house raid, in which nine activists were arrested, that the City of Chicago had used infiltrators. Two individuals, who went by the names “Mo” and “Gloves,” had conducted a weeks-long investigation into Occupy Chicago, including being arrested themselves in April during a protest to keep the Woodlawn Mental Health Clinic open. The infiltrators were also arrested in the Bridgeport house raid, but they have not been seen since. Six of the nine arrested activists were released more than 24 hours later without any charges.
The Chicago chapter of the NLG is still compiling information, but has made an initial assessment of city’s reaction to the NATO demonstrations, which were overshadowed by police harassment and violence, serious injuries, high-level charges, and exceptionally high bonds. More than 90 people were charged with mostly ordinance violations and misdemeanors, including disorderly conduct, failure to disperse, trespassing, and resisting arrest, but 16 people were charged with felonies, including the explosives-related cases. Eight people remain in jail from the NATO demonstrations on bonds ranging from $100,000 to $1.5 million.
The NLG was disturbed to receive reports of more than 80 instances of police brutality, most of which occurred at the end of Sunday’s antiwar march at Michigan Avenue and Cermak Road. Most injuries were caused by baton blows to the body and many resulted in serious head injuries. More than two-dozen protesters were taken to Northwestern and Mercy Hospitals and treated for broken bones, knocked out teeth, concussions, and several open wounds requiring stitches or staples.
So far, only a handful of cases have been disposed of. Notably, two felony cases were dismissed and another felony defendant took a misdemeanor plea deal with no jail time. The Chicago chapter of the NLG, along with other volunteer attorneys, represented each of these defendants and will continue to represent people arrested during the week of NATO demonstrations, including those most seriously charged. Two more indictments are expected to be issued at 11:30am on Wednesday, June 13th against NATO protesters Sebastian Senakiewicz and Mark Neiweem at the Cook County Courthouse, 2600 S. California, Room 101.
NLG Condemns Continuing Police Brutality, Refutes Claims of Restraint
National Lawyers Guild Condemns Continuing Police Brutality Against Protesters, Refutes Claims of Restraint
Laudatory City Council resolution comes as police brutally arrest 12 people demonstrating in solidarity with Quebec students
Chicago, IL — The Chicago chapter of the National Lawyers Guild (NLG) condemns the brutal arrest last night of 12 people demonstrating in solidarity with the months-long student strike currently underway in Quebec, Canada. Chicago police indiscriminately used batons last night, injuring several protesters and breaking one person’s finger. Eleven people were charged with either reckless conduct or resisting arrest, and one protester who was charged with a felony is still in jail on a $50,000 bond. The NLG notes that police crowd control tactics have been especially repressive and violent over the past few weeks.
“Once again, the Chicago police are relying on brute force to quell political protests,” said Sarah Gelsomino, with the People’s Law Office and the Chicago chapter of the National Lawyers Guild, whose attorneys will be representing the arrested protesters. “Contrary to claims of police restraint being made by certain public officials, the CPD is showing a lack of control in an effort to stop political demonstrations.”
Last night’s arrests come as the Chicago City Council passed a resolution Wednesday congratulating the police on a job well done during the NATO summit. However, the resolution stands in stark contrast to claims by the NLG that the police were exceptionally violent against protesters. While the number of people charged during the week of NATO demonstrations were fewer than a hundred, the police brutalized nearly the same number of people, mostly with baton blows, many of which resulted in head injuries. The NLG has so far received reports of more than 80 separate instances of police brutality in reaction to the NATO demonstrations.
The NLG also accuses the police of massive displays of force during the NATO summit, discouraging would-be protesters from coming out to demonstrate during a national political event. Activists claimed to be terrorized by police who swarmed several houses in the city where protesters were known to be staying; numerous people were questioned by the police and FBI as to their political beliefs; and several people were targeted and picked off of the street by multiple gun-wielding police officers.
“The police deliberately created a climate of fear that began long before the NATO summit, and which lasted throughout the week of political protests,” said Kris Hermes of the NLG. “The city also used sensational terrorism-related charges levied against 5 young men to undermine the protests, discredit the Occupy movement, and create hysteria in order to drive a wedge between the public and political activists in Chicago.”
The so-called NATO 3 — the most seriously charged protesters from the NATO summit — are due to be indicted on Tuesday, June 12th at the Cook County Courthouse at 26th & California. Despite the sensational accusations made against the three young men almost a month ago, the state’s attorney has still provided no evidence of criminal activity, not even the search warrant used to raid the Bridgeport house where the arrests occurred, and has not yet brought any formal charges against them. The city has also failed to disclose any information on at least two infiltrators used in what appears to have been a months-long investigation into Occupy Chicago in advance of the NATO demonstrations.
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