Update on the Remaining Case from Nov. 9

 

An update from our comrade who continues to face charges from November 9. The next key date for court support will be June 29. In the meantime, let's continue to put pressure on DA Nancy O'Malley! Call her office at 510-272-6222 or 510-268-7500 and let her know how you feel about these bullshit political charges. More contact information is available at the link above. For some background on this case, the Davis Dozen, and the Santa Cruz 11 see occupyca.

This is a long overdue update about my case for supporters. There will be no trial on Monday, June 4. Trial will most likely happen in July and the next courtdate is a motion to suppress on June 29, which will be essentially a probable cause hearing for the May 1 arrest. It could be interesting and would be a good thing to have supporters at. We decided to push off the trial date after they managed to consolidate both cases. The joined cases require more time to prepare for.

As for now, continuing to put pressure on the DA will still help. I hear the Nancy O'Malley is now talking messages about this directly. They are definitely feeling the pressure to drop the Nov. 9 charges to bring the case into line with the others.

I really appreciate all the support, and sorry for the late notification.

Open Letter About Nov 9 Charges

Dear Fellow Education Activists,

I'm writing today with an impassioned and profoundly frustrated heart about what is happening on our campus at UC Berkeley, the so-called "home of the Free Speech Movement," and beyond. It's extremely important to share this story with all of you, should it become a larger precedent for political repression--indeed, recent developments with Occupy Oakland suggest that it already is (http://www.guardian.co.uk/world/2012/mar/21/occupy-oakland-protesters-stay-away?newsfeed=true). I'm also seeking your support to help pressure District Attorney Nancy O'Malley to drop the unjust charges against political activists.

As many of you know, on November 9th, several hundred students, professors, and community members attempted to erect an Occupy Cal encampment on this campus, an action that was part of a multi-year series of events to raise awareness about the effects of educational privatization and to build a movement that challenges this process. On November 9th, we were twice met with very brutal police force (itself a product of privatization), as the UCPD, working alongside several other area police departments, beat us with batons, dragging individuals by their hair from a line of peaceful protesters who had linked arms in front of our small encampment. Many individuals were very seriously injured as a result of this well-documented scene (http://www.youtube.com/watch?v=buovLQ9qyWQ), and they sought medical attention for broken ribs, bloody gashes, and nerve damage inflicted by the police. Moreover, email exchanges recently made public show that UC Berkeley Chancellor Robert Birgeneau was not only aware of the situation that day but that he sanctioned it.

In early March, thirteen individuals (one of whom is a professor on this campus and several of whom have been very active in Occupy Education NorCal) received misdemeanor criminal charges in association with the November 9th events, charges which could result in fines of $1000 and up to a year in jail. Crucially, the majority of those being charged were not arrested that day, begging questions about how they were identified and targeted nearly four months later. The charges themselves raise additional red flags, with "malicious blocking of a sidewalk or public thoroughfare" being the most common: never before has that inconveniently located grassy space near the hedges to the north of Sproul Hall constituted a public thoroughfare of any kind, and if anything "malicious" happened on November 9th, I assure you, it was on the part of the police, not those who've been singled out for these charges. Moreover, the ACLU of Northern California has confirmed that the UCPD sought and obtained records from local hospitals and medical centers in an effort to help identify individuals who were later charged--not incidentally, the chargees were among the most seriously injured. Finally, the fact that most of the thirteen members of this cohort have been highly visible activists in the fight for public education over the past several years strongly suggests that these unjust charges represent a targeted attempt to silence political dissent.

Twelve people were arraigned this week, all of whom received "stay away" orders for all UC property. These orders dictate that the charged not individuals set foot on any UC campus unless it is to attend class (and in one case, to fulfill union duties), and these court orders are undoubtedly designed to disrupt the inter-campus network we're working so hard to build and to paralyze our collective public education movement. Judge Peter Seeman casually dismissed concerns raised by one individual's attorney that the stay away orders are in clear violation of First Amendment rights to free speech and free assembly.

We cannot stand by while the legal system silences our brothers and sisters, and we cannot let the administrative bodies slow the momentum of our powerful movement. Please join me in standing in solidarity with these and other activists facing unjust charges and political repression by letting District Attorney Nancy O'Malley know what you think:

Mailing address: Wiley W. Manuel Courthouse / 661 Washington Street, Oakland, CA 94607
Phone: (510) 268-7500
Fax: (510) 839-0391
Email: askwwm-da@acgov.org

In Solidarity,
Beezer de Martelly
Graduate Student and Public Education Activist
UC Berkeley

P.S. Please visit the following blog for up-to-date information on the November 9th charges: http://berkeleynov9.wordpress.com/

Call for Witnesses from September 22 Day of Action

On September 22nd, during the Day of Action demonstration at University of California Berkeley, two people were arrested and have been charged with misdemeanors by the Alameda District Attorney's Office. Drew Phillips, 25, was arrested and charged with battery on a peace officer with injury, wearing a mask in a commission of a crime and resisting arrest. The incident took place at the entrance to Tolman Hall after police rushed the demonstrators and pepper-sprayed a number of students. His lawyer, John Hamasaki is looking for anyone who witnessed the incident or has any photos or videos of the incident. Contact him at john@hamasakilaw.com.

Richard Dereck Clemons (arrested UC Berkeley, Tolman Hall, East Wing) is charged with Battery on Peace Officer, Resisting Arrest, Escape from Custody, all misdemeanors. Anyone with any information should email his lawyer at m.kamran@bourdonlaw.com.

Know Your Rights, Free Speech, Protests & Demonstrations in California

A handy guide for California protestors from the ACLU here.

And from the San Francisco National Lawyers Guild, printable "Know Your Rights" wallet cards in Spanish and English here.

"We produced this guide for people like you: people who are not afraid to stand up for what they believe and those who may never have thought of themselves as protesters but who are forced into action to protect a precious freedom or right. Native Californian or newly arrived immigrant, student or worker, environmentalist or pro-choice activist—if you want to speak out, this guide is for you.

You are part of a vigorous tradition of protest that dates back decades in our state: from the workers who went on strike against exploitative labor conditions on the docks in San Pedro in 1923 and were arrested by the hundreds; to the repressive Red Scare years, when demonstrators were hosed down by police outside House Un-American Activities Committee hearings in San Francisco City Hall; to the civil rights protesters of the 1960s, who helped end segregation in housing developments and businesses throughout California."