Bush Protester Trial--Colorado Dems Needed!

[LiviaOlivia]

Bush Protester Trial--Colorado Dems Needed!
by eweedin
Thu Oct 20, 2005 at 12:41:54 PM PDT

Hello All,

Eric Weedin here. A northern Colorado Democrat asking for help from fellow Kossaks. One of my closest friends, Michael McCarthy, is on trial Oct 26-27 for protesting Bush's appearance to shore up Marilyn Musgrave in Greeley, CO last year.

He has had several charges dismissed, but as the D.A. (partisan republican) dismissed those charges, several others were mysteriously filed against Mr. McCarthy.

We need supporters to attend the trial. For details, Please read Michael's invitation below the fold.
Thanks to any who can attend!

In October 2004 President Bush came to Greeley in support of M. Musgrave. I was arrested at that rally and charged with "Displaying an offensive sign intended to incite a riot." The sign read "Veteran for Kerry."

A few months later came my first court appearance. The Weld County DA (a former staff lawyer for Dick Cheney during the Iran-Contra Affair) offered me a plea deal of 15 days in jail, which I rejected. My case was set to trial.

I retained Lee Christian, a noted professor of Constitutional Law, and criminal defense lawyer. He filed a motion on my behalf objecting to the arrest based on the fact that I had a first amendment right to protest. Immediately upon receiving this motion, the Weld County DA decided to "review my file." After reviewing my file, the State added the charges of:

1. Disturbing the Peace
2. Obstruction of a Police Officer
3. Harassment (presumably of the republicans at the event.)
4. Resisting arrest

Last week, the DA dismissed the charges of "Displaying an offensive sign intended to incite a riot." as well as disturbing the peace, and asked the judge to bar any mention of it from coming up at trial, which he did. I am now on trial for the more serious charges of obstruction, harassment, and resisting arrest. (Which were never booked by the arresting officer and only added 8 months after the fact when we objected to the arrest on constitutional grounds.) We objected based on vindictive prosecution, but the judge over-ruled.

In fact, the arresting officer is now claiming that I repeatedly struck him, even though he never charged me with assault, nor did any prosecution witness ever mention it in their statements. Ugh! To the judge's credit, he did not allow the DA to charge me with assault, even though they tried.

YOU'RE INVITED....

My lawyer thinks it is a huge influence on the jury if they see a large group of supporters sitting directly behind the defense table. Most of the people I see on a daily basis were actually at the protest and therefore on the potential witness list, and therefore are banned from being in the courtroom. As such, I must call upon my extended circle of family and friends for help. If you, or anyone you know that loves the constitution, is willing to attend my trial it would be greatly appreciated. I know this is short notice, but we just exhausted our last pre-trial motion to dismiss this week.

~snip~

http://www.dailykos.com/storyonly/2005/10/20/154154/44

[intheflow]

1. I sent it out to my peacenik church network in

Greeley, Loveland & Ft. Collins. Hopefully he'll get a few supporters from there. :hi:

[intheflow]

2. UPDATE

My friends in Greeley, it turns out, are Democratically connected in town. I heard from one friend who was there that lots of people showed up and Michael McCarthy was cleared of the charges. :)