National Governors Association Meeting
YES! There is an
Alternative to the Death Penalty
Click on any picture on this page to see a full
size version.
Introduction
The weekend of July 7 to 10, 2000, CUADP
worked with Pennsylvania Abolitionists United Against
the Death Penalty (PAUADP) to organize several actions
at the National Governors Association meeting at Penn
State University in State College, PA.
Why was it necessary for us to demonstrate? Well,
As reported in the Washington
Post, unless a person has a lot of money, there is
no room for his or her voice at the table of the
powerful.
Our activities met with heavy police surveillance and
unnecessarily violent force. Dozens of
abolitionists were harassed, 16 people were arrested,
and two nonviolent protestors were attacked with pepper
spray.
Politicians who are using the violence of the death
penalty to advance their political careers demonstrated
that they are more than ready to use violence against
those who challenge this system - even those who do so
nonviolently. There is a very visible campaign of
repression and intimidation escalating against those of
us who choose to resist this institutional
violence. Even those who may not yet agree with
our cause should be disturbed when concerned citizens
attempting to nonviolently address governmental leaders
are met with unreasonable force. Like a bee that
causes pain with its sting, yet mortally wounds itself
in the process, this system of violence and death will
do far more damage to itself when it attacks nonviolent
people calling for an end to killing than it does to
us. The mere fact that they now are willing to
publicly attack and intimidate us demonstrates the
threat that this movement poses to those whose power is
built on violence.
All truth passes through three stages:
- It is ridiculed.
- It is violently opposed.
- It is accepted as being
self-evident.
|
|
Interdiction!
Pennsylvania Abolitionists arrived at State
College, Pennsylvania, on Saturday, July 8th.
Almost immediately, anti-death penalty activists were
followed by plainclothes state troopers and federal
agents. Around noon, Abe Bonowitz, director of
Citizens United for Alternatives to the Death Penalty,
was followed through the State College area by what
turned out to be unmarked police cars for approximately
10 minutes on his way to a rally on the grounds of
Beaver Stadium. Bonowitz, not knowing who was
following him, or why, called 911 from his cell phone to
report his situation. Shortly thereafter, another
car pulled around the one which was following him,
turned on a flashing police light on its dashboard and
pulled him over. No indication was given as to why
he was pulled over, and troopers demanded to search his
vehicle, despite having no warrant.
Bonowitz's vehicle had several anti-death penalty bumper
stickers on its exterior. He refused to permit the
unlawful search and was subsequently told that he could
not leave his vehicle. Bonowitz called members of
Pennsylvania Abolitionists who were already at the rally
site only several hundred yards away.
Approximately 8 people arrived on the scene to
investigate the situation. Police interrogated one
individual who wrote down police vehicle license plate
numbers; his identification was run through police
computers, and he was asked if he was involved in the
rally. Other individuals on the scene began
calling members of the media and photographing the state
troopers. Shortly thereafter the state police
issued Bonowitz with a $93 traffic ticket for
"failing to signal a turn." In all, no
fewer than eight unmarked state police vehicles
participated in the "traffic stop." |
 |
"We won't tell you why we stopped you,
but can we search your car anyway?" |
 |
Smile for the State Police Surveilance Team! |
 |
"Get Back In Your Car!" |
 |
 |
 |
| How many unmarked State Troopers does it
take to issue a ticket for failing to signal a right
turn? By our count, no fewer then eight! |
Redirection
2000 Rally
Several dozen abolitionists participated in the Saturday
afternoon rally,
sponsored by Redirection 2000, an initiative of Penn State students.
Crashing
the Executioners' Party
 |
Perhaps
they didn't discuss the death penalty in their formal
meetings, but there was no question that the death
penalty was on the "informal" agenda that
weekend. About 75 abolitionists made it the issue
on Saturday night, when the governors held their
"Night under the stars," street party in
downtown State College, PA. We gathered at the end
of the street, and we were very hard to miss with the
banners provided by CUADP. Amazingly, we were
allowed to mingle with the partygoers. The only
governor I met was Governor Knowles from Alaska, who
thanked me specifically for our presence and the work
that we are doing. (AK has no death penalty!) Rev.
Melodee Smith, of the Clergy Coalition to End
Executions, spoke with Virginia Gov. James
Gilmore. Rev. Smith said, "We really need to
do something to fix the death penalty." Gov.
Gilmore responded by saying, "In Virginia we've
already fixed it. It's moving faster than
ever!" NGA host, Governor Tom Ridge of
Pennsylvania, emerged from his limousine and was greeted
with spontaneous chanting of "Stop Tom Ridge,
before he kills again!" Tourists from Norway
approached Gov. Ridge and told him where they were
from. Gov. Ridge responded, "Welcome to
Pennsylvania!" The Norwegian visitors shook
their fingers at the governor and said, "Shame on
you!" Several newspaper photographers
observed that it was impossible to take a photo of any
governor without seeing an anti-death penalty sign in
the background (which they felt was a commendable use of
the forum). An article in the Philadelphia
Inquirer (Monday, July 10, page 3) which discussed
possible Republican vice-presidential candidates
included a photo of Gov. Ridge taken at the event; sure
enough, four anti-death penalty signs are clearly
visible in the background. |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
Abe Bonowitz and Bill Pelke with Alaska
Governor Tony Knowles. |
Attempting
to Meet With the Governors
On Sunday afternoon at approximately 3:00 p.m., fifteen
death penalty abolitionists began walking up the public
road toward The Penn Stater Conference Center.
Dozens more stood in support in the makeshift
"protest pit" on the other side of the
road. The goal was to speak with the governors to
secure pledges from the 38 governors from death penalty
states that they would impose moratoriums on
executions. The fifteen abolitionists were chained
together at the waist in order to prevent them from
being separated and in symbolic solidarity with those
who are kept in chains in preparation for
execution. While still 100 yards away from the
official checkpoint, the 15 moratorium supporters were
charged upon by a phalanx of approximately 50
Pennsylvania State Troopers. As the abolitionists
attempted to cross the road, they were stopped by the
troopers blocking the roadway who began shouting that
they were not permitted on the road. Within
seconds the troopers began shoving the nonviolent
demonstrators, knocking several people to the
ground. Bolt cutters were used to speedily break
the padlocks. Assuming arrests were about to begin
and in an attempt to prevent injuries from the shoving
troopers, several people dropped to the ground and
assumed a nonresistant position lying on their backs
with their arms at their sides. Two people lying
on the ground (Jeff Garis and Noah Brophy) were
immediately and without warning attacking with a pepper
ointment. A black gloved state trooped yanked the
glasses from Garis's face, smeared pepper oil in his
eyes, and shoved the glasses back on his face. The
15 abolitionists were then handcuffed and thrust onto
the shoulder of the road. Members of the media
attempting to cover the attack were moved far back from
the scene with threats of arrest. A 17-year old
bystander positioned on the berm on the other side of
the roadway was ordered to move; when he did not
immediately comply, the juvenile was pepper sprayed,
dragged across the road, and pushed into a police
vehicle.
The 16 nonviolent activists were transported to an Army
Reserve facility in nearby Bellfonte where a police
processing center was established. The arrested
abolitionists were courteous and cooperative throughout
the entire ordeal. They were fingerprinted and
photographed in duplicate so that records could be sent
to the FBI, according to state troopers processing
them. The abolitionists were transported in
several groups to the Centre County District
Magistrate's office where they were arraigned before
Justice Bradley Lunsford on charges of "obstructing
the highway" (a level 3 misdemeanor) and
"disorderly conduct" (a summary
offense). The disorderly conduct charge states
that the defendants "caused public inconvenience .
. . by an act which served no legitimate
purpose." The charges carry a maximum penalty
of 15 months in prison. Justice Lunsford chose to
release all of the arrestees without cash bail. A
preliminary hearing date was set for Wednesday, July 19,
2000, at 9:00 a.m., at Court Room #1 of the District
Court, Centre County Courthouse, Bellfonte,
Pennsylvania. The abolitionists would be expected
to enter a plea at that time. |
 |
Practice makes perfect! |
 |
Some of our loyal support team. |
 |
Loading into the van.... |
 |
OOOhhhh... The nervous tension.... |
 |
Our own Police escort to the action site! |
 |
 |
 |
 |
 |
 |
 |
 |
The Players |
NGA-15
Preliminary Hearing
A Press Release from Pennsylvania
Abolitionists United Against
the Death Penalty
Charges
Against Death Penalty Protestors Dismissed in Centre
County
BELLEFONTE, PA - (July 19, 2000) Misdemeanor and summary
charges filed against 15 anti-death penalty protestors
arrested on July 9 at the National Governors Association
meeting were dismissed at a preliminary hearing in the
District Court of Centre County this afternoon.
Centre County District Attorney, Ray Gricar, who
personally prosecuted the case, was unable to convince
District Justice Daniel Hoffman that the state had
enough evidence to proceed with a trial against the 15
activists. State Troopers arrested the members of
Pennsylvania Abolitionists on a public roadway leading
to the conference center where the governors were
meeting. The charges of disorderly conduct and
obstructing a highway carried a maximum penalty of 15
months in prison.
Officer Kenneth Epfield of the Pennsylvania State
Police, who supervised the arrests, was the sole witness
for the prosecution. He stated that the individuals in
the group marched in a single file line along the
shoulder of the road leading to the conference center
bound together with a chain and locks. Epfield
testified that State Troopers formed a line on the
roadway, blocking the berm and an entire traffic
lane. As the individuals neared the police
officers, Epfield ordered one of the protestors at the
front of the line to not block the roadway. As the
demonstrators stepped onto the road, Epfield stated that
within seconds he informed them that they were under
arrest and that troopers encircled the protesters and
moved them onto the berm by "pushing, pulling, and
dragging."
Andy Shubin, a Centre County criminal defense and civil
rights attorney representing the abolitionists, asserted
that it was not the protesters who blocked the roadway
but the police standing in the way of the Penn Stater
Hotel Conference Center. Under cross-examination,
Epfield acknowledged that several cars drove by the
scene during the arrest and were not impeded by the
disturbance.
Justice Hoffman agreed with the defense and commuted the
misdemeanor obstruction charges to a summary offense.
The judge then informed the defendants that if they
entered a guilty plea to the summary charge, he would
give them a minimal fine of $25 plus court costs; if
they refused the offer, they would immediately move from
the preliminary proceedings into a trial on the summary
charge. None of the defendants was willing to
accept the deal, and Shubin informed the judge that he
was not prepared to move to trial and would not
represent the abolitionists in such a trial.
Facing the prospect of 15 pro se activist-defendants,
Justice Hoffman decided to dismiss all the charges
against the abolitionists.
"These people were here to express their opinion
about the death penalty and expressing it in the best
tradition of our democracy," Shubin said following
the preliminary hearing.
District Attorney Ray Gricar said that he felt the case
was solid and did not understand the reasoning behind
the judge's decision. Gricar is urging the State Police
to refile the charges and so that he may begin new
proceedings against the abolitionists. Gricar is a
staunch supporter of executions in Pennsylvania.
Shubin scored another NGA-related protest victory in the
same courtroom earlier in the day when charges were
dismissed against five Penn State students who were
arrested on July 10th for refusing to take down a banner
when the governors visited the university. The
students were members of Redirection 2000, a group
protesting the domination of the NGA by private
corporations "hosting" the meetings and the
total banning of citizen groups from the event. |
Putting
the State on Trial
Press Release:
FOR IMMEDIATE RELEASE
(please forward as appropriate)
7 September 2000
Contact: Abe Bonowitz
Cell Phone: 561-371-5204
Voice mail: 800-973-6548
Jeff Garis: 215-724-6120
ACTIVISTS
CHALLENGE POLICE TACTICS
"Driving while being an activist": The New
Threat!
STATE COLLEGE, PA -- Activists detained in
State College during the July 8-11 National Governors'
Association summer meeting will challenge that detention
today at 11:30am in the courtroom of District Justice
Carmine W. Prestia, Jr. in State College, PA. They
will assert in court that they were detained and
harassed by a special squad of Pennsylvania State Police
trained specifically to interdict and disrupt activists
who came to State College to nonviolently exercise their
constitutional rights of freedom of assembly and freedom
of speech.
Abraham J. Bonowitz, Director of Citizens United for
Alternatives to the Death Penalty, and Chrysanthi
Settlage, a staff member dealing with criminal justice
matters for the Friends Committee on National
Legislation, were driving to a protest rally in State
College on July 8 when they noticed they were being
followed by individuals who had an
"unscrupulous" look to them. Bonowitz
called "911" on a mobile phone to report the
situation and seek assistance from the police.
"We thought they were local people who did not like
our anti-death penalty bumper stickers," he
said. After speaking to the "911"
operator for several minutes, suddenly another unmarked
car appeared with a dashboard emergency light flashing
and pulled the activists over. Within minutes, no
fewer then eight unmarked state police vehicles, some
driven by uniformed PA State Troopers were on the
scene. After some time, and without detailing the
purpose for which the vehicle had been stopped, the
police asked for and were refused permission to search
the activists' car. After more than 40 minutes,
the activists were allowed to go, but only after being
ticketed for "failing to signal a right
turn."
The next day, while under arrest for engaging in
nonviolent civil disobedience (on charges which were
later dismissed), PA State Trooper James L. Drayer told
the activists that they had been followed since the time
they had made a purchase of PVC pipe and chain at a
local hardware store.
"It's wrong to detain people based on what you
think they *might* do," said Settlage.
"We've now seen pre-emptive police actions against
activists during the World Bank protests in Washington,
DC, last April, in Philadelphia during the Republican
National Convention, in this case, and in others.
"I'm not a lawyer, but I'm pretty sure the
constitution requires that a crime be committed before
"suspects" are identified and detained -- and
driving while being an activist is not a crime!"
"It's pretty amazing that it took no fewer than
eight unmarked police cars, including a police
surveillance team, to issue a ticket for 'failing to
signal a right turn,'" said Bonowitz. "I
think it's clear that something else is going on." |
 |
Abe Bonowitz, Chrysanthi Settlage, and
Pennsylvania State
Trooper Bernier, after the return of the Moratorium Now!
Banner
and the chain and locks used by the activists in their
attempt
to meet the governors. |
 |
The evidence is returned, signifying that
the state has
decided not to pursue the case any longer. Shown
here is
the folded banner which reads "Moratorium
Now!" Two
evidence envelopes containing broken padlocks, and 75
feet
of chain. |
FOR IMMEDIATE RELEASE
(please forward as appropriate)
19 September 2000
Contacts: Abe Bonowitz: 800-973-6548
Chrysanthi Settlage: 202-547-6000
Jeff Garis: 215-724-6120
ACTIVIST
DECLARED "NOT GUILTY"
PA State Police Interdiction Team Exposed
STATE COLLEGE, PA -- In an unexpected move,
District Justice Carmine W. Prestia, Jr., has ruled that
Abraham J. Bonowitz, an anti-death penalty activist
harassed by PA State Police at the summer meetings of
the National
Governor's Association this past July, was "NOT
GUILTY" of failing to signal a right turn.
Instead, Prestia agreed with Bonowitz' argument that his
vehicle was singled out by police because of his
activist activities.
Notified by mail of the decision, Bonowitz said, "I
am elated. I provided clear evidence that the
police fabricated an infraction to cover up harassing
and detaining peaceful activists, and Justice Prestia's
ruling validates that. I only hope this ruling
prevents similar behavior by police in the future."
Bonowitz and another activist, Chrysanthi Settlage, a
staff member dealing with criminal justice matters for
the Friends Committee on National Legislation, asserted
in court that they were detained and harassed by a
special squad of Pennsylvania State Police trained
specifically to interdict and disrupt activists.
They had come to State College to nonviolently express
their constitutional rights of freedom of assembly and
freedom of speech, and because of their activities they
were singled out by the state police. They
maintain they were singled out by this special squad
simply because they were activists.
The case hinged on whether Bonowitz could convince
District Justice Prestia that the police had more in
mind then a simple traffic stop when they pulled him
over in State College during the July 8-11 National
Governors' Association summer meetings. During the
trial, he asked each of three state troopers about the
likelihood that they would stop a person for failing to
signal an otherwise perfectly legal maneuver: All three
said doing so was at the discretion of the individual
officer. After showing enlarged photos taken at
the scene, Bonowitz asked about the nature and number of
vehicles used to make the traffic stop.
"Isn't it unusual to have somany unmarked state
police vehicles participate in a routine traffic stop
for such a minor infraction?" Bonowitz asked.
Trooper Drayer acknowledged that there were as many as
eight unmarked vehicles in the photos, and that this
was, in fact, unusual.
During the trial, Bonowitz was able to elicit testimony
that Drayer and other officers were part of a special
unit of the state police which had been in training for
two years in anticipation of the NGA meetings and the
Republican National Convention. This is the same
unit that infiltrated the "puppet factory" in
Philadelphia during the RNC.
In the end, the case hinged on a 911 tape from a
call Bonowitz had made just prior to being
stopped. Bonowitz feared those following him were
upset over anti-death penalty messages on his car.
The 911 tape of the conversation between Bonowitz and
Centre County Emergency Services Operator #22, Jim
Millander, was subpoenaed but was not able to be heard
during trial because the court was not equipped with a
tape player. Justice Prestia questioned Millander
about the contents of the tape and tone of voice
Bonowitz used, and closed the session by saying he would
listen to the tape and issue his ruling by mail.
On September 12, 2000, District Justice Carmine W.
Prestia, Jr. wrote to Mr. Bonowitz, "...Based on
the tape and testimony at the trial I am finding you NOT
GUILTY of the offense." The letter included a
check refunding the $99.50 Bonowitz had posted as
collateral.
"It's wrong to detain people based on what you
think they *might* do," said Settlage.
"We've now seen preemptive police actions against
activists during the World Bank protests in Washington,
DC, last April, in Philadelphia during the Republican
National Convention, in this case, and in others.
"I'm not a lawyer, but I am fairly certain the
constitution requires that a crime be committed before
citizens are identified and detained. Simply driving
while being an activist is not a crime!"
BACKGROUND
Bonowitz and Settlage were driving to a protest rally in
State College on July 8 when they noticed they were
being followed by individuals who had an
"unscrupulous" look to them. Bonowitz called
"911" on a mobile phone to report the
situation and seek assistance from the police. "We
thought they were local people who did not like our
anti-death penalty bumper stickers," he said. After
speaking to the "911" operator for several
minutes, suddenly another unmarked car appeared with a
dashboard emergency light flashing and pulled the
activists over. Within minutes, no fewer than eight
unmarked state police vehicles, some driven by uniformed
PA State Troopers were on the scene. After some time,
and without detailing the purpose for which the vehicle
had been stopped, the police asked for and were refused
permission to search the activists' car. After
more than 40 minutes, the activists were allowed to go,
but only after being ticketed for "failing to
signal a right turn."
The next day, while under arrest for engaging in
nonviolent civil disobedience (on charges which were
later dismissed), PA State Trooper James L. Drayer told
the activists that they had been followed since the time
they had made a purchase of PVC pipe and chain at a
local hardware store (Lowe's). |
Victory!
Several goals were met through the activities of the
weekend.
First, the governors in attendance expected to meet with
CEOs of the large corporations "hosting" the
event. A moratorium on executions was nowhere on
their agenda; we succeeded at putting it
there. Members of the press repeatedly asked the
governors about the death penalty and why they were not
discussing it in their meetings.
Second, the growing call for a moratorium on executions
was clearly visible
to both the governors and the media. This movement
is not a passive one, and it will not go away. A
quarter-page photo of the arrest (circulated by the
AP) appeared on page 7 of the Washington Post on Monday,
July 10th, under the headline "Public Barred as
Corporations 'Host' Governors' Meeting." The
caption under the photo says "A death penalty
protestor yells in pain while being forced to the ground
by a state trooper."
http://www.washingtonpost.com/wp-dyn/articles/A11946-2000Jul9.html
Third, the politicians who are using the violence of the
death penalty to advance their political careers
demonstrated that they are more than ready to use
violence against those who challenge this system - even
those who do so nonviolently. There is a very
visible campaign of repression and intimidation
escalating against those of us who choose to resist this
institutional violence. Even those who may not yet
agree with our cause should be disturbed when concerned
citizens attempting to nonviolently address governmental
leaders are met with unreasonable force. Like a
bee that causes pain with its sting, yet mortally wounds
itself in the process, this system of violence and death
will do far more damage to itself when it attacks
nonviolent people calling for an end to killing than it
does to us. The mere fact that they now are
willing to publicly attack and intimidate us
demonstrates the threat that this movement poses to
those whose power is built on violence. |
|
