Just as “you can’t tell the players without a program,” it helps to have a chronology of Mike’s cases:
October 2002 — Arrested with three other members of Veterans For Peace, blocking the entrance to U.S. Senator Voinovich’s Toledo office after presenting his staff with a letter asking the Senator to pledge to vote against Bush’s request to use military force against Iraq.
March 17, 2003 — Arrested with 23 other Toledoans, blocking entrance to a military recruiting station as part of civil disobedience actions across the U.S. protesting the invasion of Iraq which happened two days later.
January 1, 2006 — Arrested for painting “Troops Out Now” on a highway overpass near Toledo.
June 30, 2006 — Arrested for wearing a “Veterans For Peace” T-shirt in the Jesse Brown Veteran’s Administration Medical Center, in Chicago.
July 5, 2006 — Arrested for following three protesters onto a Great Lakes Naval Base parking lot to take photographs.
August 2006 — Convicted on two felony charges for painting the highway overpass and sentenced to two months house arrest, several thousand dollars in fines, costs, probation and restitution.
November 2006 — Federal prosecutor drops charges in the “V.A. T-shirt” case.
August 29, 2007 — After postponing trial four times, Illinois 19th Circuit Court Judge Lawler sets the trial of the “Criminal Photographer” for October 1.
September 15, 2007 — Arrested along with 200 other protesters on Capitol Hill, at the conclusion of the ANSWER march and rally which drew 100,000 people to Washington, D.C. Given a court date of October 30, in D.C. Superior Court.
September 20, 2007 — Arrested for standing up in the House of Representatives Gallery and telling the assembled Congresspeople, “Funding the war is killing our troops.” Given a court date of October 22, in D.C. Superior Court.
October 1, 2007 — Illinois 19th Circuit Judge Lawler hears testimony from two witnesses for the prosecution. After hearing several contradictions he issues a “directed order” acquitting on charges of resisting arrest and criminal trespass.
October 22, 2007 — Appeared in D.C. Superior Court to plead “not guilty” for House Gallery activity on September 20. Trial scheduled in that court for January 8, 2008.
October 23, 2007 — Paid a $50 fine in D.C. Superior Court for the September 15 arrest on Capitol Hill.
photo by Toledo Blade:
Contribute to Mike’s Legal Defense Fund
Updates:
Posted September 13, 2007
In November 2006, I received word that federal prosecutors decided to drop the charges in the “V.A. T-shirt caper.”
While writing up this case initially I’d vowed that after disposing of the charges I would file suit against the Veterans Administration for the conduct of officers Adkins and Ousley at the Jesse Brown Medical Center. I was completely prepared to do so. And then…
On July 5, 2006, less than a week after the V.A. fiasco, Voices for Creative Nonviolence concluded its walk at the Great Lakes Naval Base, north of Chicago. Except for the brief delay experiencing the hospitality of the V.A. I walked with them, interviewing people we passed along the way and taking photos.
The walk terminated at the gate of the Military Entrance Processing Command (MEPCOM). Three of the Voices members proceeded briefly onto the parking lot, knelt down, and began reading a list of people killed in Iraq.
I followed, taking photos. The guard told the three to leave, which they had no intention of doing, and then said to me, “If you don’t want to be arrested with them, you’d better leave.”
Having had plenty of fun with cops already that week, I immediately turned and walked out the gate before taking another picture. Ten minutes later as I stood on the sidewalk watching the protesters getting cuffed and arrested, Officer “Friendly” McCorkle approached, demanded my camera and told me to follow him back to the MEPCOM gate where by now several squad cars had collected.
I’ll shorten this familiar old story by saying McCorkle arrested and booked me for criminal trespass and resisting arrest, plus a felony obstructing justice charge.
I pled innocent to all the above, the prosecutor dropped the felony charge, and as of September 1, 2007, I have returned to the Illinois 19th Circuit Court, in Waukegan, no less than FOUR times to stand before the judge for 30 seconds and have him postpone my bench trial. This latest date was postponed because, as the prosecutor reported, his main witness, McCorkle, “has training today and can’t make it.”
The trial is now scheduled for October 1. We plan to subpoena one of the guards present that day, who later called my attorney to say he considered the arrest bullshit.
See above timeline for disposition of this case.
Posted May 25, 2007
After completing two months house arrest for spraypainting “Troops Out Now” on the highway overpass, paying a few thousand dollars in fines and restitution, getting permission whenever I wanted to leave the state, and serving 1/2 of my probation period “without incident,” I’m back in the streets.
Last week I received a “Restoration of Rights” memo from Judge Jennings of the Lucas County Common Pleas Court, stating that the court had been informed by the Adult Probation Department that I completed my term of “community control.”
The memo went on to say that “…the rights of citizenship to serve as a juror and hold an office of honor, trust or profit, are hereby restored” and notifying me that my felony conviction “may preclude future possession of a firearm.” Apparently, my right to bear a can of spraypaint has been fully restored.
The best part about being a fully rehabilitated felon is that I can once again get arrested for civil disobedience actions without having a year’s jail term hanging over my head for painting a bridge.
Onward!!
- Peace Felon Report, July 20 2006 — An article that describes Mike’s day in court on July 19 2006, plus an unusual editorial that by Toledo Blade editor and vice pres., Tom Walton.
For tagging two overpasses in Maumee, and one in Sylvania, Ohio, my brother (he, the innocent wheelman) and I were each charged with five felonies: 3 counts of criminal vandalism and 2 counts of possession of “criminal tools.”
By the time of our sentencing in Maumee muni court, February 17, we had already paid $602 for “initial repairs” to each of the two overpasses in that jurisdiction. We pled “no contest” to reduced charges (misdemeanors), and were each fined $500 per bridge, sentenced to 75 hours community service, and given 90 days in jail (suspended), and placed on three years probation, during which the jail time can be imposed if probation is violated. The judge did us one decent turn by denying the prosecutor’s claim from the Ohio Dept. of Transportation for an additional $4,000 per bridge for “final repairs.” (I can show you the actual ODOT bill if, like me, you have trouble believing it). Perhaps the paint was radioactive and the overpass had to be hauled off to Yucca Mt., Nevada?
That sentence was imposed after a statement from me and one from our attorney, Terry Lodge, about the war and the history of civil disobedience in opposing such enormous injustices. The judge allowed that he, too, was concerned about the war…even talked about it “every night at the dinner table” with his family, and acknowledged it needed to be discussed broadly. But, he said, our form of protest “devalued” that dialogue.
Saints preserve us from devalued dialogue when protesting mass murder.
In Sylvania, my brother pled guilty to misdemeanors (he’s a public employee in Ohio, and our beknighted legislature has determined that public employees convicted of a felony will not only lose their jobs, but the pensions as well) and on May 18 was sentenced to pay the full amount—some $3500—that the Ohio Dept. of Transportation said it cost to paint over the grafitti; 80 hours community service that has to be performed at the ice rink owned by the City of Sylvania (a 6-hour round trip drive from my brother’s home), and court costs. Once he was covered by the relative safety of a misdemeanor plea, however, I decided to make the most of the situation and pled innocent to the remaining felony charges so I could get a jury trial.
With that, I was “bound over” to the county grand jury and later indicted on the felony charges, with a trial eventually set for May 24. I received news of the indictment while I was in Washington, D.C., mid-way through a 34-day fast to protest the war, as a participant in the Winter of Our Discontent campaign.
Part of that campaign included getting arrested at the House Appropriations Committee hearings on another $67,000,000,000 for wars in Iraq and Afghanistan. Read “Hungering for Justice in The House”
On March 28, in D.C. Superior Court, the judge in that case listened to our statements and promptly rejected the Federal Prosecutor’s request for a stiffer sentence, ruling, “Sentenced to time served.” Read “Four Words that Spoke Volumes”
Back home, the kindly County Prosecutor heard about that arrest and filed a motion with the Lucas County Common Pleas Court Judge Wittenberg to revoke my $3,000 bond (set by the kindly Sylvania judge when we were arrested and booked on January 1). Judge Wittenberg denied that request.
As people of good conscience heard about the Ferner Gang’s wave of terror and descent into perdition, they began responding with words of solidarity and contributions for legal expenses which have helped greatly. If you would like to help defray the remaining fines and legal costs please use the handy “Contribute” button.
Two editorials in the Toledo Blade are examples of how this one act of resistance has sparked debate and discussion even prior to the trial. There have also been numerous letters to the editor, several items on local TV news, and considerable discussion.
