Trial for August 10, 2008 Civil Resistance Action at Fort McCoy
January 12, 2009 Joy First
On August 10, 2008 I participated in an action of nonviolent civil resistance at Fort McCoy. This was in conjunction with the Witness Against War Walk, an event organized by Voices for Creative Nonviolence, walking 450 miles from Chicago to St. Paul for the start of the Republican Presidential Convention.
Fort McCoy is a military base where many of our young men and women are trained to be deployed to Iraq. The basis for our action was to bring a letter to the soldiers supporting them and advising them that they have the right to refuse deployment to a war that is immoral and illegal. About 50 people participated in the 3 hour walk from Tunnel City to Fort McCoy on August 10. Once at the main gate, 13 individuals chose to peacefully try to gain access to the base to deliver our message. We were arrested, processed, and released in about an hour or so.
On January 12, 2009 twelve of us were on trial at the U.S. District Court i n Madison, WI under Judge Stephen Crocker with a large number of supporters in the audience. Those on trial were Brian Terrell, Jeff Leys, Alice Gerard, Kryss Chupp, John Bachman, Gene Stoltzfus, Lauren Cannon, Ceylon Mooney, Eileen Hanson, Renee Espeland, Joshua Brollier, and myself. Kathy Kelly was also arrested, but she was in Egypt attempting to provide humanitarian aide to the people of Gaza under siege by the Israeli army. She had notified the judge by letter and her case will be reviewed when she returns home.
Originally we were charged under a Federal Statue for trespassing. For some reason, they were not able to charge us under that statue and the final charge was trespassing under a Monroe County Statue. Judge Crocker said this was no longer a criminal charge, but he was treating it that way so that we would have more rights and the burden of proof would be higher.
The U.S. District Attorney called four witnesses. The first witness was the Deputy Chief of Police at Fort McCoy, who described what happened that day. Then three officers who did t he processing on the day of the arrests took the stand. As in many cases of mass arrest for civil resistance, they identified us by our pictures taken at the time we were arrested. The whole process of identification was bogus. They went through looking at a copy of each citation attached to a picture of the person arrested. Judge Crocker asked the person who was issued the citation if they had any objections on this being entered into evidence. So when we said no objections, we were identifying ourselves. Nevertheless, the officers never pointed to us in the courtroom and said that is Joy First who was arrested at Fort McCoy, but only looked at the picture and identified the picture as Joy First.
After the prosecution rested, Jeff Leys made a motion for judgment of acquittal based on the fact that we were not properly identified. Judge Crocker denied the motion.
Judge Crocker explained that each defendant would have five minutes to speak. He said we could not use the necessity defense or international law, but rather than argue over what we wer e saying, he would just give us each our five minutes to say whatever we wanted to say and then he would make his ruling.
The statements made by the defendants were elegant and moving, but we also knew by the judge’s words that it was just an exercise in futility that would not really have any impact on the eventual ruling by Judge Crocker.
Brian Terrell said that he looked up the vision of Fort McCoy on the web and it said that they are the premier training center for America’s defense system. We brought our own vision, an alternative vision, to the base disrupting their mission of providing cannon fodder in Iraq. It was our legal and moral responsibility to go there.
Gene noted that the soldiers being trained there will be facing an incredible legal and moral dilemma. He said that he did not feel guilty and will accept the consequences./ SPAN>
Ceylon explained that he had been to Iraq twice and seen the effects of war. He works with soldiers who have come home and sees the long-term effects of war on them. What we did was not illegal.
Jeff introduced the letters we wrote and pictures of the action into evidence. He said he hoped that we would be in front of the judge again as we build the movement of nonviolent civil resistance.
Eileen declined to speak.
Alice said that she went there to speak to the soldiers. The pressure on the military is necessary and we did nothing wrong. It is the government that is violating the law.
I talked about all we have done to try to stop the war, and that we must and will continue this work. I noted that it is my First Amendment right and my obligation under Nuremberg to do this. Bush and company are the real criminals.
Renee asked the judge if anything she said would really make a difference. She spoke directly to the officers who had testified earlier beseeching them to see what they were doing in a different light. She noted that grave injustices are being done to the soldiers at Fort McCoy.
Kryss noted that laws are important, but when laws are used to protect institutions of injustice, she will follow God’s law. She sang “Finlandia”.
Josh said that20government exists by the people and for the people, for the common good, but it is sometimes used to hurt people. Not advising soldiers of what is really going on is illegal. He believes our actions were consistent with the spirit of the law.
John said he felt it was time to vote with his feet. The war was unpopular and undemocratic. When he was trying another case in northern Wisconsin, both the judge and prosecutor told him they were supportive of what he did.
Judge Crocker said that our right of free speech ends when we trespass. And he added, “Let’s face it. You all trespassed.” He said he had to find us guilty though he noted that it is wonderful that citizens will do what we did.
The maximum penalty for this charge was 90 days in jail and a $500 fine. The prosecutor recommended a $100 fine. J udge Crocker sentenced us to a $75 fine. In sentencing statements, a number of defendants said that their conscience would not allow them to pay the fine. Judge Crocker said he would check and see if the fine could go to a victim’s compensation fund rather than the general treasury which was more acceptable to some of the defendants.
For a newspaper report of the trial, see
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