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#D12 UPDATE: Gulf Port 7 Accept Misdemeanor Plea Bargain

2:36 pm in Uncategorized by Kit OConnell

A red tent is erected over a blockade.

The Houston Fire Department places an inflatable red tent over the Gulf Port 7 during their arrest. The seven felony charges were reduced to misdemeanors today.

Corey Williams of Occupy Austin traveled to Houston today with some defendants in the Gulf Port 7 trial. His Twitter feed (@iamed_nc) suggests a tense court room situation, but lawyers ultimately agreed on a deal. Under the plea bargain, all seven defendants will accept the Class B Misdemeanor charge of Obstructing A Roadway. This is the same charge faced by the other participants in the Gulf Port Blockade on December 12, 2011 who did not use the lock box devices.

Undercover Austin Police Officer Rick Reza poses with one of the lockboxes he constructed with other undercover officers.

Previously, the seven defendants faced a charge of Manufacture or Use of a Criminal Device, a state felony that included serious jail time. Additionally, the court commuted the group’s sentences to time served, covering the need for future jail time or paying court costs. The decision is a relief, especially as the case’s sympathetic judge was due to be replaced by a more conservative Rick Perry appointee due to impending retirement.

The arrests occurred during a national day of action at the ports against Goldman-Sachs, organized by Occupy Oakland. The Gulf Port 7 made use of PVC-pipe devices called lock boxes, also known as sleeping dragons, to link their arms together. During the trial, it was revealed that the lock boxes were constructed by three undercover Austin Police Department officers assigned to infiltrate Occupy Austin. Austin Police Chief Art Acevedo continues to insist that this was done “for safety” rather than a deliberate act of provocation and entrapment.

Defendant Ronnie Garza told Firedoglake,

We won. We got the charges we originally were expecting and we got 400 pages of emails, texts and embarrassing photos along with the names of 3 undercover officers. We also found the role the fusion centers played in all of this. All that is left is to reveal the name of a fourth undercover we recently found.

According to Ronnie, now that the court case is over the emails and texts released during pre-trial will be released to journalists and the public after the redaction of some sensitive personal details of the named activists.

One of the seven, Eric Marquez, is still imprisoned in the Dallas area, and may face as much as another year in jail, but Corey told @OccupyAustin he hoped this decision makes his situation “a little easier.”

More on Firedoglake about the Gulf Port 7 Case and Austin Police Infiltration

Ronnie Garza interviewed by mainstream media while wearing mock lockboxes.

Ronnie Garza, one of the Gulf Port 7, poses in a fake lockbox at a press conference held at Austin Police Department headquarterslast year.

I’ll continue to update Firedoglake on future developments in this case.

More: Storify of Corey’s Twitter coverage

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2 More Undercover Officers Revealed in #D12 Gulf Port 7 Trial

12:27 pm in Uncategorized by Kit OConnell

More on the Gulf Port 7: Austin Police Enabled Houston Felonies, Judge Campbell is Not Amused and Austin and Houston Police Coordinated Through Fusion Center.

 

Despite pleas by the Austin Police Department to drop the charges, the trial against the Gulf Port 7 will continue next year.

Rick Reza holds a lockbox at a phallic angle

Undercover Austin Police Officer Rick Reza with his favorite 'dragon sleeve.'

As a consequence, the Austin Police Department were forced to turn photos, emails and documents relating to their investigation over to Judge Joan Campbell. Since APD insists the undercover investigation into Occupy Austin is ongoing, they asked her to suppress the release of the information to the defense. After review by Campbell, a portion of the documents have been released to defense and are making their way to the media.

Campbell’s release reveals that a total of six undercover officers were assigned to monitor Occupy Austin, but three were apparently not involved directly in the lockbox incident where undercover Austin police built lockbox devices. Made from PVC pipes and also known as sleeping dragons or dragon sleeves, lockboxes linked seven protesters together at the December 12, 2011 Port of Houston shutdown. The use of these devices resulted in these occupiers from Austin, Dallas and Houston facing felony charges instead of the misdemeanors brought against those who simply linked their arms and legs.

The first undercover revealed was Shannon G Dowell, who had been forced to testify in the trial’s discovery phase. But now we’ve learned the names of two more — Rick Reza, shown making a phallic gesture with the lockbox in the photo at right. The other, Deek Moore, was apparently the photographer of these rather candid photos of cop antics.

Butch and Rick pose with the lockboxes they made in a garage

Undercover Officers Shannon "Butch" Dowell and Rick Reza with the Lockboxes

Questions remain about what communication occurred between Austin and Houston police and to what degree Texas fusion centers were involved, either the Austin Regional Intelligence Center or the Texas-wide equivalent. Since Campbell chose to keep many of the documents hidden, much will remain unknown about Austin Police involvement before and after December 12. Campbell has seemed to support the defense’s position — first attempting to drop the charges entirely and then pushing for a thorough discovery phase when forced to hear the case by a grand jury. This potential ally will be lost when the trial continues in early 2013 — Judge Joan Campbell is retiring, and her replacement will be selected by Texas Governor Rick Perry.

One of the Gulf Port 7, Iraq Veteran Eric Marquez remains imprisoned. After fundraising by Occupy Austin, Occupy Houston and Occupy Chicago bailed him out of a Harris County, Texas jail where he’d been held since the Port Shutdown, he was imprisoned in Dallas for missing court dates during the initial jail stay. Though he now has National Lawyers’ Guide representation, an apparent determination by the prison industrial complex to keep him inside means he will probably still be behind bars on December 12 2012. According to Garza, charges in Dallas could add up to four years to the years he already faces for his alleged “use of a criminal instrument” at the Port.

Activists Question Austin Police Chief’s Peace Award

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#D12 Gulf Port 7: Austin Police Department vs. Houston

1:58 pm in Uncategorized by Kit OConnell

More on the Gulf Port 7: Austin Police Enabled Houston Felonies, Judge Campbell is Not Amused and Austin and Houston Police Coordinated Through Fusion Center.

Pre-Trial Hearing to Resume October 31; Criminal Instrument Charges Proliferate

Ronnie Garza interviewed by mainstream media while wearing mock lockboxes.

Members of the Austin media interview Ronnie Garza while he wears mock lockboxes at Austin Police HQ. (Photo: Kit O'Connell).

The Texas fusion center enabled Austin Police to entrap activists in Houston, but apparently it can’t help settle a dispute when that entrapment comes to light. The Austin Chronicle reports that the Austin Police Department would rather drop the charges against the Gulf Port 7 than reveal their undercover officers:

If the city of Austin – and, importantly, the Austin Police Department – had its way, the charges pending in Houston against a handful of Occupy protesters charged with blocking a road last winter at the Port of Hous­ton would be dismissed. If that happens, the APD will not have to reveal the names of two undercover officers who were part of a three-investigator contingent that worked to keep tabs on the activities of Occupy Austin members; the department would like to keep those two names confidential. Unfortunately, it does not appear that the Harris County District Attorney’s Office is interested in what the city or APD wants. During a court hearing Oct. 4, Assistant D.A. Joshua Phanco told Judge Joan Camp­bell the D.A.’s office is “prepared to turn over those two names” and to move forward with the case against the Occupiers, including OA member Ronnie Garza.

The seven activists, who came from Occupy groups in Austin, Dallas and Houston, linked their bodies with lockboxes (or ‘sleeping dragons’). As a result, they were charged with using a criminal instrument, an obscure state felony unused since the days of Deep Throat (the pornography, not the informant) when it was invented to prosecute projectionists. The pre-trial hearing continues October 31st, where the names of the two Austin Police Department officers that worked alongside Detective Shannon G Dowell are expected to be revealed. Although the Occupy movment will be better informed about its infiltrators and their methods, seven of its members face prison time in one of the country’s worst state prisons.

One of the seven charged with using a “criminal instrument” is a veteran, Eric Marquez, imprisoned since the December Port Shutdown thanks to complications with previous charges. After Occupy Austin successfully raised thousands in bail to free him from Houston, Dallas immediately imprisoned him again — because he missed court dates in Dallas while jailed in Houston! His bail in Dallas is now $100,000.

If the Gulf Port 7 case goes to trial, the verdict could set an important precedent for activism elsewhere in the state. Though lockboxes have a long history of use in nonviolent civil disobedience, the criminal instrument charges have spread to the Tarsands blockade. Alejandro de la Torre, Maggie Gorry and now Shannon Beebe all now face this charge reports Tar Sands Blockade:

There is also a new and outrageous development in the story. Our brave friend Shannon Beebe is now being charged retro-actively with felonies for using a device to lock arms with Benjamin around a piece of Keystone XL construction machinery as part of a peaceful protest. This is an archaic charge (use of a ‘criminal instrument’) that has literally no case history in the last 30 years. This adds ”insult to injury” with slapping additional FELONY charges against our friend. Yesterday, Shannon was pulled over and arrested because of this new, outstanding warrant for a retro-active felony charge. She’s currently in jail on a $7,500 bail. Its clear that the industry is pursuing a strategy to utilize their deep pockets and corporate lawyers to drain the limited grassroots resources we’ve managed to raise.

Previously on myFDL, Benjamin Franklin reported on his and Shannon’s torture by police at their arrest.

 

#D12 Gulf Port 7: Austin Police Coordinated With Houston Through Fusion Center

6:32 pm in Uncategorized by Kit OConnell

An angry Jugge Campbell

Judge Joan Campbell explains Brady disclosure to lawyers at Houston district court, September 6 2012 (Photo: John Jack Anderson, used with permission)

For more on the Gulf Port 7 and Austin Police Infiltration of Occupy Austin see Undercover Austin Officer Enabled Houston Felonies, Judge Campbell Is Not Amused, and Kit’s Gulf Port 7 Interview.

Austin Police coordinated felony arrests at the Gulf Port Shutdown with Houston Police through the fusion center known as Austin Regional Intelligence Center.

The pre-trial hearings for the Gulf Port 7 case continued on September 6, 2012; although the Austin Police Department presented the information Judge Joan Campbell requested at the previous hearing, most of it was done in camera – in private, where defense and accused activists could not access it. What was revealed is troubling — that APD coordinated the day’s actions with Houston police through the local Texas fusion center, known as Austin Regional Intelligence Center. This, of course, raises the question of to what degree federal authorities were involved in the entrapment of Occupy activists; I personally witnessed Department of Homeland Security vehicles on the ground at the Occupy Houston encampment on December 12, in addition to photographing men in unknown military-like uniforms who were observing the port shutdown.

Further, it appears that officials involved may have made a decision to withhold information that was requested by Ronnie Garza’s defense attorney. This is in direct violation of Brady disclosure. Campbell’s frustration with the behavior of the state is clear in court transcripts, as she gives lawyers a lesson in this essential aspect of criminal law:

Here’s the thing, y’all – under Brady — y’all can’t make that decision.  Y’all need to scrupulously look through any information that you have. Always. Y’all cannot just rely on, it does not look like anything, that is not what you can do because clearly the result is an Austin police officer authorized … bought the things that made this a felony. That’s what happened. And so that information … is clearly Brady, can be a defense, may make, if this goes to trial, may make a jury find them not guilty and that type of information needs to be carefully passed down through the channels and y’all cannot under Brady make the decision.

The state has brought a Motion To Quash, asking that the names of undercover officers and related documents not be turned over to the defense. Campbell agreed to review the documents in camera and return near the end of September to make a ruling. But she took the time to underline the unusual nature of this case:

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