NOT FUCKING GUILTY!!!

So, court went as well as could've been hoped for. The Rule 20 (burden of proof being on the state to provide evidence for convictions) was considered by the judge and put on hold to resume trial and to be re-considered after lunch. Amazingly, we only had to call one witness to the stand, a lawyer who attended the march and witnessed the events that unfolded that day. Photos of the police brutality were shown, including the police attack on Garyn and Claire as well as the bike cop who punched someone through a banner. After lunch, court resumed and the judge brought back up Rule 20, dismissing one each of Garyn and Claire's charges. Then, while discussing the telephonic witness that was next, the judge called all the counsel back into his quarters to discuss the next step. After five minutes or so, Garyn and Claire's attorneys took them aside and told them that the judge wanted to recess for the day, meaning that we wouldn't have the chance to continue with our defense. This could mean two things: that he wanted to finish the trial the following day or that he was planning on dismissing our cases, but that it was up to Garyn and Claire as to if court would recess for the day. After the two discussed the situation, weighing how their cases had been going before and during trial, they decided to recess for the day and not continue with their defense. When the judge returned, he closed the day by finding Garyn and Claire not guilty! So, after a little over a year since the march, three of the five of the Arpaio Five either had their cases dismissed or were found innocent while, unfortunately, two of them were facing so much pressure, either from daily life or as a result of the state, and ended up taking plea deals. While the trials and cases are now over, there is still a need to continue supporting those of the Arpaio Five who are still paying legal fees. Thank you all so much for your support and we hope that you can still continue to support us in the future!

Garyn and Claire's Trial Reconvenes

The trial will continue tomorrow, Feb. 2nd at 10:30 AM on the sixth floor of the East Court Bldg located at 101 W. Jefferson. It will open with the defense motioning for a Rule 20, meaning that the state is left with the burden of providing evidence that could lead to Garyn and Claire's convictions. If they can't, then the cases get dismissed, to my understanding. If they don't, trial will continue with witnesses for the defense. Today, trial kicked off with the state's witnesses, four cops, who pretty much punched holes through the state's case and the police reports with the assistance of the defense attorneys, the judge and even the prosecutor, ironically! Unfortunately, the police did ID the defendants, so their cases weren't dismissed today.

Trial Update for Garyn and Claire

Garyn and Claire went into court today and found out that they will be starting their trial on Tuesday, Feb. 1st at 1:30 PM on the 6th floor of the East Court Bldg. located at 201 W. Jefferson. They hope to see those who are able to come support them tomorrow!

Garyn and Claire's Trial

Garyn and Claire are scheduled to go to court before Judge Granville at 8 AM on January 31st at the Central Court Building located at 201 W. Jefferson, 7th Flr. It is uncertain as to whether trial will begin that day or not, but if it does, it sounds like it will be an all day process that could start at 11 AM, 1:30 PM, the next day or whenever, depending upon judge availability. If anything changes, we will keep you all posted.

Grace's Release!

So, I got word from Grace that she was released this morning at 5 AM. She still has 17 months of probation to deal with, but I'm sure that being free from jail and having the support of family, friends and comrades is, I'm sure, a wonderful feeling. At this point, there are still two more Arpaio Five cases scheduled to go to trial on January 31st. More details TBA.

Garyn and Claire's Trial postponed/Grace's Jail Update

Garyn and Claire's Trial

The trial has been moved to January 31st. More details TBA.

Grace's Jail Update

Grace has gotten work release and is scheduled to be released from jail on Dec. 21st. At this time, she is receiving METERED postcards and books. Details on how to reach her or visit her are on our site, as well as:

http://supportgrace.wordpress.com/

Grace in Transition

Currently Grace is being moved around in the jail system and cannot receive correspondence nor visits. She may soon be able to get work release. We will update as we get more information on writing and visitation.

Writing to Grace

So, it turns out that Grace is indeed in Estrella and not Tents. METERED postcards (in blue or black ink) can be sent to her. This can be done at the post office and then they deliver it. She can be reached at:

Estrella Jail
Sarah G. Daniels
Inmate # P717574
2939 W Durango St
Phoenix, AZ 85009

Here are additional guidelines from the MCSO website:

INMATE MAIL: All incoming mail, with the exception of legal mail, must be standard postcards.
This is to ensure the safety and security of jail facilities, inmates, and staff.
ACCEPTABLE STANDARD POSTCARDS
• Metered or Stamps are acceptable for postage.
• Minimum size requirements are 3.5 by 4.25 inches
• Maximum Allowable Postcard Size: 4.25 x 6 inches
• Written in blue or black ink only.
• homemade postcards are not accepted.
UNACCEPTABLE POSTCARDS
• Defaced or altered postcards
• No plastics or wrappings on postcard
• Postcards marked with paint, crayon or marker; or ink
(only black or blue ink is accepted)
• Postcards with labels or stickers
• Postcards with watermarks or stains
• Postcards with any biohazards, including perfumes or
lipstick
• Postcards depicting nudity, weapons, or gang references
• Oversized Postcards
NEWSPAPERS AND MAGAZINES Subscription publications must be purchased directly through a publisher.
Publications that may pose a threat to the security or safety of the jail or are pornographic are not allowed.
PHOTOGRAPHS Up to five photographs may be mailed to the jail (or dropped off in the visitation lobby) provided the envelope is clearly marked “PHOTOGRAPHS.” Photographs may not be larger than four inches by six inches. The inmate name & booking number must be written on the back of each photograph. Nothing else is to be written on the photographs. Photographs must be unaltered, and may not contain any adhesives such as stickers or labels.

I wouldn't chance using stamps despite what the website says, since they could just be trying to make it harder to contact Grace (but they obviously don't know us that well). I'd ask her in your first postcard about sending her photos and/or publications, if you wish to. Books can only come through Amazon (no resellers), Barnes & Noble, Borders. Just use the mailing address for the order. Additionally, there's always visitation as a means to contact her. At this point, I don't know what the guidelines are for visitation (or if they're making it harder to visit her). Otherwise, I don't believe it would be that hard to visit her.

http://supportgrace.wordpress.com/

Grace's Sentencing/Garyn and Claire's Trial

Grace's Sentencing

Grace went in for her sentencing hearing this morning surrounded by approximately 40 friends as well as family. She was given the agreed upon 30 days in jail from her plea deal of a class 6 felony for disorderly conduct with a dangerous weapon, which starts upon her turning herself in at 5 PM today. After considering her involvement in the community and for social justice, the judge decided to give Grace 18 months supervised probation instead of three years starting today. She also still has the chance to get work release during the day, although it looks unlikely and wouldn't go into effect immediately. We'll post any information we get regarding her mailing address in the jail.

Garyn and Claire's Trial

A deal (not a plea) has been offered to Garyn and Claire where they will take their trial before a judge instead of a jury as a bench trial and in return have been offered a reduction for their felony charges down to misdemeanors. This means that even in the event that they are found guilty of any of their charges, they will not be facing any jail time. Their trial, which could be as short as one day, is scheduled to begin on December 13th at 201 W. Jefferson. We believe that it will be in courtroom 703 at 8:30, but we will post any changes if necessary.

In related news, Dane, who came up from Tucson and was arrested at the anti-Nazi rally in Phoenix and faces five charges, had court today as well. His case was scratched, which is fantastic news, although a scratch isn't a dismissal and charges could be brought back up within seven years. However, at the moment he isn't facing charges.

To keep up on Grace's situation and to find out how you can support her, she now has a website set up:

http://supportgrace.wordpress.com/

Grace's plea, jail sentence

Grace took the final plea offer of a class 6 felony: disorderly conduct with a dangerous weapon (stipulated 30 days in jail). Her probation length will be determined during her sentencing which is on November 22nd, which is also the day she goes into custody.

Listen to a radio interview on The Debate Hour here.

Grace's Final Plea Bargain...

Final plea bargain (just came in from Grace): class 6 felony, disorderly conduct with a dangerous weapon (my flag), stipulated 30 days in jail.

I'm not sure if Grace will be taking this or not and she might not be, either. Regardless, I will keep everyone posted.

Claire and Garyn's Cases and an update on Grace's

It is apparent that the state still has faith, either in juries siding with the hilarious story the police concocted or that these two will actually cave and plea out somehow (although I believe that they both do not have plea deals on the table that aren't expired). They are both done with their preliminary hearings and Garyn's trial is expected to start on November 24th, while Claire's is expected to start in early December. From what it sounds like, Garyn's attorney is working on trying to get his case thrown out through various motions, while Claire is unfortunately stuck with an attorney who says that she can't file any motions and that her case is a matter of the police story against hers. She tried to fire her attorney and filed to receive a new one and was denied. Both attorneys, though, have mentioned that a compiling of eyewitness testimony surrounding their arrests would be of great benefit, so if you saw them get arrested on January 16th, that would DEFINITELY help a lot, especially in Claire's circumstance, not to mention Grace's situation. As a quick update on her situation, she has a plea deal on the table for a class 3 felony, 30 days in jail and up to two years probation, with her deadline being this Friday, Oct. 8th. Other than that, the only news on her case is that her trial is scheduled to begin on Nov. 8th. So again, if you witnessed the events surrounding Grace's arrest, stepping forward and helping out would be wonderful!

If you can help, you can reach us at:

Arpaio5SupportCommittee@riseup.net

An Update from Grace

Update on court stuff: Things have been pushed back until Tuesday the 7th, so I have at least till then (if not longer, it may be pushed back again) to decide what will happen. Thank you to everyone who has sent emails and called with advice and support! ♥ I will let everyone know if there are any big changes.

Grace Daniels


Keep up the great work! Let's continue to do everything we can to support Grace in her time of need.

An Urgent Request from Grace Daniels

Friends, Family, Comrades:

I just spoke to my lawyer regarding the current state of proceedings regarding the charges being alleged against me since my arrest on January 16th at the Anti-Arpaio march in Phoenix, Arizona. I had hoped my next post on this topic would at least contain semi-positive news; unfortunately that is not the case. The prosecutor has disclosed their final plea deal which would require me to plead guilty to a class 5 felony, with a mandatory 30 days in jail, and a minimum of 1 year supervised probation (which could be up to 3 years).

I have until Wednesday to agree to take this plea or not, if I decide to go forward with the plea it would be effective on September 3rd, Friday. If I decide to take this to trial, the date is set for September 14th. Given the case that we have I normally would see taking this to trial as the best option, however, because a special sentencing statute specifying that this was a “dangerous” offense was added, the judge has no leeway in my sentencing and if convicted it would mean a mandatory 10.5 years in prison. As of right now although we have witnesses, we do not have any video documentation showing the moment that the alleged “crime” was committed. The police as anyone who was there knows, and as we know through the video that we have seen, had numerous cameras throughout the protest and at that moment. However, they are claiming that it does not exist at this point, meaning that it has likely been destroyed.

I am writing this as a last urgent call out to whoever reads this. Things that may help if received by Wednesday would be; character letters (guidelines specified below, you can email them to me at s0917daniels@gmail.com), any video documentation of the protest, and witnesses who saw me directly before, during, and after my arrest. If you feel you have any possible information or documentation that may help in this case, please email me for my lawyers phone number.

Thank you to everyone who has provided unending support and to those who continue to fight despite tactics such as these used to try to scare us into submission.

If you are unfamiliar with the events on the 16th, please see links below for more background and current updates in regards to the other 4 who were arrested that day.

~Grace

GUIDELINES

Who they are - brief

How they know you, how long, etc

Acknowledge that they know essentially what you are charged with

Then, FOCUS on your good character traits, with specific examples if possible.

Character for non-violence generally, and if they have experience with you at marches, rallies, etc, your non-violence at those.

They can then simply request leniency on your behalf.

They should NOT profess your innocence unless they were there and saw you right before and up to your arrest – and of course, we have found no such person yet.

They should NOT try to school the prosecutors and/or judge on the justice system, jail, prison, etc.

The latter stuff just turns off the professional who is reading it and they will ignore the good stuff!

The focus is on you, not the case.

LINKS

http://firesneverextinguished.blogspot.com/2010/01/call-for-dine-oodham-anarchistanti.html

http://arpaiofive.blogspot.com/2010/02/say-hello-to-arpaio-5.html

http://arpaiofive.blogspot.com/

http://firesneverextinguished.blogspot.com/2010/06/support-ariapio-five.html

http://firesneverextinguished.blogspot.com/2010/02/john-zerzan-discusses-do-block-on-his.html



Jeremiah's Case Dismissed!!!

This just in from the Maricopa County Supreme Court:


Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
07/19/2010 8:00 AM
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
CR2010-103243-001 DT 07/16/2010
Docket Code 042 Form G000A Page 1
CLERK OF THE COURT
HON. SUSANNA C. PINEDA A. Gonzalez
Deputy
STATE OF ARIZONA KEVIN KIYOSHI OKANO
v.
JEREMIAH MATTHEW HENRY (001) ERNESTO QUESADA JR.
DISPOSITION CLERK-CSC
FINANCIAL SERVICES-CCC
VICTIM SERVICES DIV-CA-CCC
CASE DISMISSED / BOND EXONERATED
Upon State’s Motion to Dismiss Without Prejudice and in the interest of justice,
IT IS ORDERED dismissing this case without prejudice against Jeremiah Matthew
Henry (dob 5/8/1991) and vacating all pending dates in this matter, in accordance with the
formal Order signed by the court July 15, 2010, and filed (entered) July 16, 2010.
IT IS FURTHER ORDERED exonerating bond to the party posting same.
ISSUED: Order Exonerating Bond
The Order Exonerating Bond may be obtained in this division upon request, until 15 days
from the filing date of this minute entry, at which time the Order Exonerating Bond shall be
filed.

Jeremiah's Case

Jeremiah Henry went to court today. The only news is that he has court on July 7th at 8 AM at 201 W. Jefferson, room 703.

All around the Board: Arpaio Five case updates

Jeremiah Henry has his status conference coming up on June 30th at 8:30 AM, so come out if you can to support him! He also has his initial preliminary hearing on July 7th and we'll make an update on that when we find out what time.

Garyn Klasek and Claire Brock both had court dates scheduled on the 18th and the 22nd respectively that were both vacated for each day. Today, they both had court (status conferences?) and both plead not guilty again. They both have their initial preliminary hearings on August 10th at 8:15 AM in courtroom CCB 1001.

Grace Daniels is scheduled to begin her trial on September 14th. Beyond that, not much is known as far as what time her trial is SCHEDULED to begin.

To our knowledge, all of these conferences, hearings and trials are scheduled to take place at 201 W. Jefferson. Come out and support our comrades!

Arpaio Five news and court dates

Arpaio Five News

After five months on trial, Issa Emadi, who was charged with a class 6 felony for aggravated assault on a cop and aggravated assault with intent to injure, took a plea deal for a misdemeanor for disorderly conduct. He faces no jail time, a $500 fine and unsupervised probation.

As for Garyn Klasek and Claire Brock, the state has decided to pick up their cases again after initially scratching them. Garyn is being charged with a misdemeanor for disorderly conduct and a felony for resisting arrest and was offered a plea deal for a misdemeanor for resisting arrest, which he rejected. Claire is being charged with resisting arrest and hindering prosecution. She was offered a plea deal for misdemeanors for resisting arrest and hindering prosecution (which leads me to believe that those are felony charges) and voluntary probation, which she as well rejected.


Upcoming Court Dates

Garyn's first (and hopefully last) preliminary hearing is scheduled for Friday, June 18th at 1:30 PM at 201 W. Jefferson. I believe his attorney has already put in a motion for the judge to throw the case out and plans to show his evidence to the judge.

Claire's first (and hopefully last) preliminary hearing is scheduled for Tuesday, June 22nd at 8:30 AM at 201 W. Jefferson. Apparently, her attorney is friends with Garyn's attorney and their offices are right next to each other, so hopefully they're figuring out a good game plan together.

Upcoming Court Dates

Jeremiah has court tomorrow, March 18, at 8:15.
Issa has court on March 24, at 8:15.
Grace has court on March 25, at 8:15.

All of these will be at the Central Court Building, located at 201 W. Jefferson St. in downtown Phoenix.

We'll keep you updated.
Contact us if you need info or have questions at Arpaio5SupportCommittee@riseup.net

Upcoming Court Dates

Issa has a court appearance on Wednesday, March 10th, at 8:15 am. This will be at the Regional Court Center (RCC), located in the lower level of the Central Court Building at 201 W. Jefferson St. in downtown Phoenix.

Grace also has a court appearance on Thursday, March 25th, at 8:30 am. More details will be posted soon.

Please come out in support of our comrades, to show that our community will not tolerate politically motivated arrests.

*Also, if anyone was a witness to any of these arrests, please email us at babeltoucan@yahoo.com with your name a brief description of what you witnessed.