[Ppnews] Chicago - Motion seeks dismissal of 'NATO 3' terror charges

Political Prisoner News ppnews at freedomarchives.org
Fri Jan 25 14:14:48 EST 2013


  Motion seeks dismissal of 'NATO 3' terror charges


          Updated 10:59 am, Friday, January 25, 2013

CHICAGO (AP) --- Lawyers for three men accused of plotting Molotov 
cocktail attacks during last year's NATO summit in Chicago have filed a 
motion asking that terrorism charges be dismissed.

Defense attorney Michael Deutsch 
<http://www.sfgate.com/?controllerName=search&action=search&channel=news%2Fcrime&search=1&inlineLink=1&query=%22Michael+Deutsch%22> 
says the motion filed Friday was accompanied by a 25-page memo(see 
attached). The paperwork argues that the definition of terrorism in 
Illinois statutes is unconstitutionally vague and opens the door to 
politically motivated charges.

Prosecutors have 21 days to respond, and the next hearing in the case is 
expected at the end of February. The trial is scheduled to start 
in September.

Suspects Brian Church 
<http://www.sfgate.com/?controllerName=search&action=search&channel=news%2Fcrime&search=1&inlineLink=1&query=%22Brian+Church%22>, 
Jared Chase and Brent Vincent Betterly have been in custody since their 
arrest last May. They have pleaded not guilty to all 11 counts.

The charges include four filed under Illinois' never-before-used 
anti-terrorism statutes.


Read more: 
http://www.sfgate.com/news/crime/article/Motion-seeks-dismissal-of-NATO-3-terror-charges-4223847.php#ixzz2J13Ji3UL

**********************************

Press statement
NATO 3 DEFENDANTS FILE CHALLENGE TO ILLINOIS TERRORISM STATUTE

Lawyers for the three Occupy activists, known as the NATO 3, charged 
with material support for terrorism and conspiracy to commit terrorism 
under a never previously used Illinois statute passed in haste after 
September, 11, 2013, filed a motion and memorandum of law challenging 
the statutory definitions of "terrorism" as unconstitutionally vague. 
The activists also argue that the enumeration of "terrorist acts" under 
the statute fail to require that such acts violate state or federal law 
and thus encompasses potentially legal acts, including those protected 
by the First Amendment.

The legal papers assert that the definition of terrorism, "an intent to 
coerce or intimidate a significant portion of the civilian population" 
without requiring an element of force or violence, or defining the 
meaning of "significant portion of the civilian population," also 
impinges on First Amendment advocacy, and fails to provide the 
constitutionally required notice to those facing potential criminal 
charges. The vague statute also allows for the arbitrary and politically 
motivated use of the statute by the police and prosecutors.

In fact, the activists assert that the use of the vague open-ended 
charges of terrorism was part of a law enforcement plan, using 
undercover Chicago Police, to infiltrate and discredit Occupy and the 
Anti-NATO demonstrators. On the eve of the major anti-NATO demonstration 
in May, 2012, the Cook County State's Attorney's Office charged the 
three activists with terrorism, issuing a press release alleging 
sensationalist plots, none of which ever occurred.

The activists allege that the statute is unconstitutionally vague on its 
face, as well as applied to the specific facts alleged against them. 
After the State's response, the activists expect a hearing on their 
motion in February.

-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20130125/5089df46/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: memo re mtn to dismiss.1.25.FINAL.docx
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 58666 bytes
Desc: not available
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20130125/5089df46/attachment.docx>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: mtn to dismiss FINAL.doc
Type: application/msword
Size: 46592 bytes
Desc: not available
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20130125/5089df46/attachment.doc>


More information about the PPnews mailing list