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<h1><font size=4><b>Between the State and a Hard Place: Statement on
David McKay's Plea</b></font></h1><font size=3>Submitted by Anonymous on
Tue, 03/31/2009 - 23:47 <br>
<a href="http://twincities.indymedia.org/2009/apr/between-state-and-hard-place-statement-david-mckays-plea" eudora="autourl">
http://twincities.indymedia.org/2009/apr/between-state-and-hard-place-statement-david-mckays-plea<br>
<br>
</a><b>Between the State and a Hard Place: Statement on David McKay's
Plea</b> <br>
from the Austin Informant Working Group <br><br>
<i>The Austin Informant Working Group is an ad hoc collective of
interested and affected individuals that formed to do research and media
and legal work around the exposure of an FBI informant in the Austin
radical community. The group is also helping to uncover the lessons about
community accountability and security that must be learned from this
debacle. It is not a prisoner support group and does not speak for Brad
Crowder or David McKay.</i> <br><br>
On March 17, 2009 David McKay plead guilty to possession of unregistered
Molotov cocktails, charges stemming from his involvement in the protests
against the Republican National Convention last September. Those of us
following the case were shocked and saddened to learn of this
development. <br><br>
The State and, in particular, the FBI reached into their bag of dirty
tricks to make examples of McKay and his co-defendant Brad Crowder. It is
apparent to us that if this had gone to trial again, the lies of the
State's primary informant in the case, Brandon Darby, would have
embarrassed the FBI and the prosecution. This would have ruined their
case against David and called into question the reliability of informants
in past and future litigation. This is the question the prosecution has
feared all along. <br><br>
Before David's first trial in January the prosecution filed a motion to
change the definition of entrapment in the case. However the judge
refused to overturn years of legal precedents for the mere convenience of
the prosecution in this case. The first trial ended in a hung jury. We
have reliable information indicating that it was hung 6-6, with the
crucial issue being the question of entrapment. A couple weeks before the
March 16 retrial, in another attempt to cover for their informant's
misconduct, the prosecution filed a motion to exclude information about
Darby's violent tendencies and his history of using firearms in
inappropriate situations. This motion also failed. <br><br>
During the intermission in proceedings, David's defense compiled
additional testimony that confirmed Darby's history of problematic and
manipulative behavior. Through grassroots appeals, reliable witnesses
came out of the woodwork to attest to Darby's repeated incitements to
violence, his disruptive behavior and promotion of illegal activities in
every organization he infiltrated. As the case of the defense solidified,
so escalated the prosecution's intimidation of both David and Brad. The
State was determined to prevent both the exposure of its misconduct in
utilizing and supporting a violence-prone provocateur to entrap two young
activists, and the precedent of being called out and held accountable for
their repressive tactics. The State knew that Darby's testimony was
questionable, if not completely lacking credibility. <br><br>
The months since David and Brad’s arrest have been hard for both of them,
their families and the community. Days before the trial, the prosecution
subpoenaed Brad to testify. Brad had no interest in testifying against
David. The State then threatened to add two years to Brad’s sentence if
he failed to cooperate. The FBI has contacted and intimidated others,
including potential defense witnesses, over the past few months in an
attempt to disrupt David's legal defense. <br><br>
It is likely that David did not want Brad, his close friend, to be forced
to choose between testifying and enduring harsher sentencing. Neither did
he want his family and loved ones to have to go through the turmoil of a
second trial. David's father has spent large amounts of money,
bankrupting his business, to pay David's legal fees. <br><br>
The State has never been above entrapping and manipulating activists. As
many of us well know, radical movements have long been the targets of
these tactics in an effort to criminalize and suppress our dissent. Based
on our interactions with Brad, David and the unabashed snitch, Brandon
Darby, and through a rigorous examination of the court and FBI documents
that emerged during this case, we believe strongly that this is once
again the situation. <br><br>
The Austin Informant Working Group concludes that there is much more to
the story than any of us know. From what information we do have, we stand
by the statements we have previously made about the entrapment of Brad
and David. There are many reasons innocent people plead guilty, including
intimidation, fear and exhaustion. The evidence suggests these factors,
rather than the truth, controlled the outcome in this case. <br><br>
This battle has been a hard one. In the end, the State once again had
more resources and time than those of us who stood in solidarity with the
defendants. Rather than let this hinder our hopes and overwhelm our
movements we must learn from this experience and stick together to build
stronger and more just communities. We must also recognize our continued
resistance, solidarity, and resilience in the face of the forces of
misery as victories in and of themselves. <br><br>
We respectfully submit this statement as a Call to Action to all
communities of conscience in support of the struggle against all forms of
government repression, and in opposition to all the travesties (named and
unnamed) carried out on a daily basis under the guise of the
"criminal justice system." <br><br>
In solidarity, <br>
Austin Informant Working Group <br>
<a href="mailto:Texas.solidarity@gmail.com">Texas.solidarity@gmail.com</a>
<br><br>
<br><br>
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