A few days ago the democracy village protest outside the Houses of Parliament was broken up and today news of leaked documents showing possible war crimes by British and American troops in Afghanistan was released by the press?

http://www.house.leg.state.mn.us/hrd/issinfo/cr-sent.htm

and

http://www.msgc.state.mn.us/guidelines/guide08.pdf

for the 2008 guidelines. It looks like both remaining charged offenses are Level II offenses; with a criminal history score of 0 or 1 (0 if your sister has no prior misdemeanor convictions; 1 if not, and other conditions may apply) (see page 15 of the Guidelines) the presumptive sentence is 12 months and 1 day in prison, with the expectations that the court will grant a stayed sentence (i.e. probation), and that if sentenced to prison, the actual sentence served in confinement will be 8 months and one day, with 4 months not in confinement (i.e. probation) See pages 57 and 65 of the Guidelines.

(From page 15 of the Guidelines: “II.B.305. The Commission placed a limit of one point on the consideration of misdemeanors or gross misdemeanors in the criminal history score. This was done because with no limit on point accrual, persons with lengthy, but relatively minor, misdemeanor records could accrue high criminal history scores and, thus, be subject to inappropriately severe sentences upon their first felony conviction. The Commission limited consideration of misdemeanors to particularly relevant misdemeanors under existing state statute.”)

There may be aggravating or mitigating factors present which may give rise to either upward or downward departures. Also, sentences should run concurrently (i.e. 12 months/1day + 12 months/1day = 12 months and 1 day, not 24 months and 2 days) see page 40 of the guidelines. Of course, local counsel should advise your sister on these matters, I’m just going though this to try to allay some of your concerns, and anything I’ve said can be found out by any member of the public – I’m making no legal judgments here.

Originally facing a single charge–Conspiracy to Riot in Furtherance of Terrorism–Gaertner’s office added three additional charges against the eight defendants in December of last year. Now, two of those charges have been dropped, clearly demonstrating that all the charges are a matter of political maneuvering, not a reasoned look at the evidence.

On March 28, supporters delivered to Susan Gaertner’s office a stack of over 3,000 petitions urging her to drop all four charges. Among other statements, a resolution from the 17,000-member Duluth Central Labor Body in support of the RNC 8 was also delivered. National media attention, including an appearance on MSNBC on Wednesday morning, has drawn significant attention to the case at the same time as Gaertner is accelerating her campaign for Governor–having just hired full-time staffers, opened an office on University Avenue, and planned appearances at several DFL events in the next month. Additionally, the broad-based RNC 8 Defense Committee has succeeded in calling widespread attention to the Minnesota PATRIOT Act, and played an instrumental role in applying the pressure that led to this reduction of charges.

In removing the controversial MN PATRIOT Act from the debate at this moment, Susan Gaertner obviously hopes to defray the costs of this unprecedented prosecution on her campaign for Governor, and to mitigate the overwhelmingly negative public opinion of Ramsey County’s repressive behavior during and since the RNC.

“Make no mistake,” said defendant Luce Guillen-Givins, “This change to the complaint against us is a token gesture meant to placate our supporters and bolster a floundering political prosecution.”

As defendant Eryn Trimmer pointed out, “This move only focuses attention more acutely on the outrageous nature of the two remaining charges, Conspiracy to Commit Riot and Conspiracy to Commit Criminal Damage to Property.”

In the months leading up to the RNC, the defendants were involved in open, public organizing with a broad coalition of Twin Cities activists and community members. We continue to assert that the only “conspiracy” committed by the RNC 8 was to provide basic and necessary infrastructure for people who wished to engage in their fundamental right to dissent.

“We’re relieved and gratified that the most sensational part of the charges has been dropped,” said St. Paul peace and justice activist Betsy Raasch-Gilman, member of Friends of the RNC 8. She continued, “We hope that the conspiracy charges will also be dropped. If planning a protest can be called conspiracy, the right to free speech is in real danger.”

Friends of the RNC 8 asks Susan Gaertner to continue in the direction of justice by dropping all the remaining charges, thereby saving enormous financial resources for the people of Minnesota in this time of rampant foreclosures, unemployment and economic turmoil. We also remind supporters that while we should rightly celebrate this small victory, the time for increased action to defend the RNC 8 is now. Political organizing is not conspiracy. Dissent is not a crime.

Sadly I got the wrong the news, and it has been qualified, by actually reading the bloody press release rather listening to chinese whispers, damn. Youre right not out of the woods but surely a very positive step for the defendants and hopefully it wont be long before the rest of the trumped up charges are dropped.

In solidarity,

Simon. Newcastle, UK

Simon, UK Anarchist and Plone nerd.

I had the “pleasure” of attending the protests, and doing regional and local work in the lead up time, including some work with the WC (although Monica was one of the few organizers I never meet). To paraphrase what you said about your sister’s motivations above, whether or not it is obvious, we created community. My best friends for the past 5 months, who lived several hours away, were introduced to me during a consulta; organizing built and strengthened a lot of ties within the local anarchist community– hell, a lot of us were pretty isolated from the good work that has been going on, and RNC organizing brought us together. Even during the protests, I met a lot of good people from all over the country who I have stayed in contact with. Honestly, despite the police violence, despite being arrested and harassed by police, despite all the bad things, my life is so inconceivably better because of the RNC protests, and largely that is because of the tireless work done by Monica and the others in the WC. The feelings of empowerment, and freedom, and community and love and friendship forged in the streets were just so great that it was difficult to return to “normal” life.

Best of luck to Monica and Eryn, as well as to the other 6 and to Dave and the other 800 still facing charges. Monica should know that whatever sacrifices and hardships she has endured and will continue to face are not in vain. She and her comrades have forever changed my life and the lives of countless others.

Author: Tom Sturgeon Comment: Your post was very interesting to read. I probably disagree with you on just about everything. However, I am against protest zones and other such shenanigans. People have a natural right to protest and speak in the public space, and this right is affirmed in the First and Tenth amendments.”

The lines above are the same as in the (apparently) edited version. The lines below have changed. They were:

“On the other hand, people who block traffic, break things and engage in discourteous behavior should be sprayed with pepper spray, water cannons and/or beaten with nightsticks. If they are damaging property or threatening others, they should be shot.”

They are now:

“It seems that traditionally lawful forms of protest have been outlawed. Obviously, people who would normally protest peacefully no longer have the option and are lashing out.

Perhaps violence is becoming the only viable option for some, since Constitutional protections are being rendered irrelevant.

Like I said, I probably disagree with you on just about everything, but I would like to meet you in a public space and engage in free speech.”

This is quite a change in direction. I wonder what brought it about. Mr Sturgeon, could you explain?

I probably disagree with you on just about everything.

However, I am against protest zones and other such shenanigans.

People have a natural right to protest and speak in the public space, and this right is affirmed in the First and Tenth amendments.

It seems that traditionally lawful forms of protest have been outlawed. Obviously, people who would normally protest peacefully no longer have the option and are lashing out.

Perhaps violence is becoming the only viable option for some, since Constitutional protections are being rendered irrelevant.

Like I said, I probably disagree with you on just about everything, but I would like to meet you in a public space and engage in free speech.