Trial Begins JUNE 24 in New York State for Drone Warfare Opponents

FOR IMMEDIATE RELEASE                              CONTACTS: Ellen Barfield, 410-908-7323

21 June, 2012                                                              Jules Orkin, 201-566-8403

                                                                                 Joan Pleune, 718-855-2581

                                                                                 Beverly Rice, 646-335-2404

                                                                                 www.upstatedroneaction.org         

                                Four Defendants Go On Trial 24 June

                                        at DeWitt, NY Town Court

               for Opposing Reaper Drone War Crimes at Hancock Air Base      

At 9am, Wednesday 24 June, 2015, Ellen Barfield of Baltimore, MD, Jules Orkin of Bergenfield,

NJ, Joan Pleune and Beverly Rice of New York City, defended by Attorney Lewis B. Oliver

of Albany, NY, will begin trial before a six-person jury in the DeWitt, NY Town Court of

Judge Zavaglia, charged with 2 counts of disorderly conduct, one count of trespass,

and one count of obstructing government administration.

Over 2 years ago, on 28 April, 2013, the four were arrested with 27 others for allegedly

blocking the driveway leading to the main gate of the Hancock Reaper drone base on

East Molloy Rd, town of DeWitt.

The arrestees that day are members and colleagues of Upstate Drone Action, a grass-

roots group which calls public attention to the killing and terrorizing of Afghan civilians

by Hancock's 174th Attack Wing of the NY National Guard, and urges drone operators

to examine their consciences.

Upstate Drone Action, along with colleague organizations Veterans For Peace and the

Granny Peace Brigade to which the defendants belong, believe the killing is immoral

and illegal, violating the United Nations Charter, and international treaty laws which

under Article 6 of the US Constitution are part of the supreme law of the United States

and supercede local and Federal law.

Since 2010 anti-drone activists have experienced nearly 200 arrests and numerous jail
sentences at Hancock for scrupulously-nonviolent protests, as part of a national campaign

to resist drones at a number of bases.

Related posts

Hancock Show Trial #2: Vietnam Vet Drone Resister ACQUITTED!

Hancock Show Trial #1: Anti-Drone Protester Convicted of a Misdemeanor

The Hancock Show Trials: Quashing Dissent Against America's Criminal Drone Killing Program

One Year in Prison: Sentence in Connection with "Order of Protection" Directed Against Stop Antiwar Protest

 

Hancock Show Trial #2: Vietnam Vet Drone Resister ACQUITTED!

Russell Brown
in front of the Niagara Falls Air Reserve Station
to protest the use of drones by the military.
photo: James Neiss

In the second of a string of "show trials" aimed at quashing First Amendment activity in Upstate New York, after two hours of deliberation,Vietnam Veteran and Buffalonian Russell Brown, was acquitted July 31 by a six person jury in DeWitt Town Court, East Syracuse. He was facing charges of Obstruction of Governmental Administration (OGA), a misdemeanor carrying up to a year incarceration and up to $1000 fine, as well as Disorderly Conduct charge, a violation. Brown, who went before the court Pro Se (he served as his own counsel, was assisted by Buffalo Attorneys Daire Irwin and Paul Fallon.

Russell Brown was arrested during a nonviolent protest at Hancock Air National Guard Base on April 28, 2013. In a roadway across from the Airbase, he lay down to symbolize the death of drone victims. There are biweekly demonstrations at Hancock Airbase. Several times a year there are larger demonstrations and nationally coordinated events. On six occasions there have been arrests, leading to six trials since 2011. Mr. Brown's trial is the second acquittal. There are twenty activists are facing prosecution, working with Upstate Drone Action.

During testimony, Brown told what he did leading up to the "Global April Days of Action" gathering in Syracuse. This included his writing a poem that links the drone attacks conducted at Hancock with the missions he conducted in Vietnam. A marine from 1965 - 1967, he told of the war he experienced. His participation in senseless killing and brutality in Vietnam informed his understanding of the Drone War Program at the 174th Attack Wing. Russell now finds allegiance with the victims of the drone attacks.

Laying on the street with "blood" spattered clothes lifted a weight of guilt from Brown. Transforming guilt to regret makes possible a voice: poet, marcher in a 'legal' protest, drone victim laying in the street were deemed protected speech. The message was closely attended by the jury. Brian Hynes said, "They saw the human power of the message and the public value of the method used to deliver it. Drones kill senselessly and illegally and traumatize our airmen."

Brown said that the wars of the last decade brought back his experiences in Vietnam. “Lying in that road was the most peaceful moment I've experienced since I left Vietnam,” he said. "I was silent then in the face of those atrocities and I can't be silent anymore."

The jury was smiling as they returned to give the verdict. Later one juror asked a supporter to "Thank Russell for us! My brother was in the Vietnam War and lost his leg. We know what the vets went through." The juror also acknowledged the PTSD drone pilots experience. Another juror said, "We did what was needed to be done. It was fair and just".


The Struggle to Publicize the Truth About Drone Killings Controlled from Hancock

Upstate Drone Action has been protesting the Drones at Hancock Base since 2009 with bimonthly vigils, annual rallies and a Gandhian Wave of civil resistance.

Because U.S. drone killings are carried out in secret -- and often never even acknowledged off-the-record -- activists at Upstate Drone Action and others around the country have been engaged in a sustained struggle to publicize the truth about the drone killings, bring about their cessation, and bring the killers to justice.

Legislation now pending in the U.S. Congress would require full disclosure of the details of the U.S. killing program, but as yet only ten (10) members of Congress have stepped forward to co-sponsor the legislation, and none of those are from New York State.

There are 10 more trials scheduled for Hancock protesters in DeWitt between now and next July stemming from the April 28 protest. Several more trials are pending. (In addition, Mary Anne Grady Flores was convicted of violating an Order of Protection by standing in the road in front of Hancock Base and was sentenced on July 9 to one year in prison.)


Related posts 

The trials of citizen activists in Upstate New York are part of a government plan to put a chill, once and for all, on citizens' exercise of Constitutional rights.  The citizens rely on Bill of Rights protections, Constitutional provisions about civilian control over the military, and the international treaties covering conduct of war and human rights, to which the United States is a party. The position of the government is that no dissent will be tolerated, and that the severity of the penalties for expression will be rapidly escalated, until the point where dissent is cut off entirely.

(See The Hancock Show Trials: Quashing Dissent Against America's Criminal Drone Killing Program )

As indicated above, the majority of the trials (including the first) stem from protests that occurred at the end of April, 2013.

(See April Days of Action Against Drones Culminates with a conference in SYRACUSE and a massive demonstration at Hancock AFB- 31 arrested )

The Hancock Show Trials: Quashing Dissent Against America's Criminal Drone Killing Program

A very important series of trials is proceeding in the coming weeks in a small court house in upstate New York.

These trials follow in a line of previous trials of peace activists who have been working to stop the commission of war crimes by the drone kill chain, part of which is based a Hancock Air Force Base.

What is particularly significant about the upcoming trials is that they are part of a government plan to put a chill, once and for all, on citizens' exercise of Constitutional rights.  The citizens rely on Bill of Rights protections, Constitutional provisions about civilian control over the military, and the international treaties covering conduct of war and human rights, to which the United States is a party. The position of the government is that no dissent will be tolerated, and that the severity of the penalties for expression will be rapidly escalated, until the point where dissent is cut off entirely.

On July 10, the government displayed its determination to crush anti-drones dissent by sentenching Mary Anne Grady Flores to one year in jail.

Please share this information and support these defendants and the right to dissent!

The Hancock Show Trials

Show Trial #1: Jack Gilroy

The trials taking place in July and August have been scheduled by the government one defendant at a time, presumably to maximize the cost to the defendants and to "make an example" of them. 

The trials listed below will take place at De Witt Town Court (5400 Butternut Dr., East Syracuse, New York).

Unless otherwise indicated, each is a Jury Trial for arrest during protest at Hancock Base, April 28, 2013, and charges include Obstructing Governmental Administration in the 2nd degree PL 195.05 sentence recommendation of 1 year in jail.

Trial dates and defendants are:

Show Trial #2: Russell Brown

July 14 and 15: Jack Gilroy (H31) Read about the show trial of Jack Gilroy.


July 29 and 30: Russell Brown (H31) Read about the show trial of Russell Brown.

 
August 11 and 12: Andrew Schoerke (H31)  Andrew Schoerke trial details.


September 8 and 9, 2014: Mark Colville

Charges stem from December 10, 2013 action when he joined with Creighton Chandler and Gregory Williams of Yale Divinity School to present an Order of Protection for the Children of Afghanistan at Hancock National Guard Base.  Colville is charged with Obstructing Governmental Administration, Disorderly Conduct and Contempt of Court in the 2nd Degree for ignoring his own Order of Protection which protects Col Earl A Evans, who is responsible for Material Support for the 174th Attack Wing at Hancock Air National Guard Base. The OOP specified that he 'stay away' from Col. Evans' place of work, Hancock Base. Mark Colville trial details.


September 14 and 15, 2014: Eve Tetaz   Eve Tetaz trial details. 


November 7 and 8, 2014: Mary Snyder

The defendant is 87 years old.  Mary Snyder trial details.

 
December 10 and 11, 2014: Julianne Oldfield Julianne Oldfield trial details.


January 25 and 26, 2015: Bonnie Mahoney

Mahoney is acting Pro Se, i.e. defending herself. Bonnie Mahoney trial details.


March 10 - 12, 2015: Bev Rice, Joan Pleune, Jules Orkin, and Ellen Barfield

Consolidated Jury Trial: the defendants reside in New York City and Baltimore. Bev Rice, Joan Pleune, Jules Orkin, and Ellen Barfield trial details.



April 28 and 29, 2015: Cynthia Banas Cynthia Banas trial details.


May 27 and 29, 2015: Mary Loehr  Mary Loehr trial details.


June 11 and 12, 2015: Harry Murray

Murray is acting Pro Se, i.e. defending himself.  Harry Murray trial details.


Background information

As indicated above, the majority of the trials (including the first) stem from protests that occurred at the end of April, 2013. See April Days of Action Against Drones Culminates with a conference in SYRACUSE and a massive demonstration at Hancock AFB- 31 arrested:

Hancock Show Trial #1: Anti-Drone Protester Convicted of a Misdemeanor

Jack Gilroy

In the first of a string of "show trials" aimed at quashing First Amendment activity in Upstate New York, Jack Gilroy of Binghamton, NY, was convicted after a two-day jury trial in DeWitt Town Court yesterday. The charges stemmed from Gilroy's arrest during a nonviolent protest at Hancock Air National Guard Base on April 28, 2013.

Gilroy was convicted of Trespass, a violation, and Obstructing Governmental Administration, a misdemeanor by a jury of five women and one man. He will be sentenced by Judge Robert Jokl on October 1st, a year and a half after his arrest. The sentence for the latter charge may be up to one year in jail and a fine of $1000. Gilroy’s Order of Protection was also reissued today as a 2 year Permanent Order protecting Commander Greg Semmel, the commanding officer at Hancock Base.

Hancock Air National Guard Base, home of the 174th Attack Wing, is a domestic hub for MQ-9 Reaper drone support. It is a training site for pilots and technicians, a drone test location and an active site in the ongoing wars overseas. Heavily armed Reapers piloted at Hancock fly lethal missions over Afghanistan and possibly elsewhere. Hancock pilots also fly test flights from Fort Drum over Lake Ontario.

The Gilroy Trial

Jack Gilroy is a nationally prominent peace activist, writer, and educator, who has worked in numerous media to communicate the truth about drone killings to other Americans. Notably, Gilroy's  dramatic work, The Predator, has been performed by groups nationwide who are trying to engage in public education and debate about the wide-ranging challenges posed by drones, drone surveillance, and drone warfare.

At trial, Jack Gilroy testified that he joined the Army out of high school, and was stationed in Austria in the early '50s at a time when the Cold War was hot. He says that despite a climate of distrust and contempt towards Russians, when he actually had to look a young Russian soldier in the eye during a ceremonial event, he didn’t see the evil he’d been trained to expect. Since then, Gilroy has spent 30 years as a teacher. A member of Veterans for Peace and Peace Action New York, he is currently working with Peace Action at Binghamton University to convince the college to offer a Peace Studies Program.

Regarding the April 2013 protest, Gilroy testified that the boundaries of the base were unclear and unmarked at the time. He said his intention was to send a message to base personnel and the public, not to disrupt the operation of the base. Only one gate was affected by the symbolic die-in he participated in, which blocked the inbound lane of the access road. Jack was arrested and removed 30 seconds after lying in the road so he had little effect on potential base traffic.

The Struggle to Publicize the Truth About Drone Killings Controlled from Hancock

Upstate Drone Action has been protesting the Drones at Hancock Base since 2009 with bimonthly vigils, annual rallies and a Gandhian Wave of civil resistance.

Because U.S. drone killings are carried out in secret -- and often never even acknowledged off-the-record -- activists at Upstate Drone Action and others around the country have been engaged in a sustained struggle to publicize the truth about the drone killings, bring about their cessation, and bring the killers to justice.

Legislation now pending in the U.S. Congress would require full disclosure of the details of the U.S. killing program, but as yet only ten (10) members of Congress have stepped forward to co-sponsor the legislation, and none of those are from New York State.

There are 11 trials scheduled for Hancock protesters in DeWitt between now and next July stemming from the April 28 protest. Several more trials are pending. (In addition, Mary Anne Grady Flores was convicted of violating an Order of Protection by standing in the road in front of Hancock Base and was sentenced on July 9 to one year in prison.)  On July 30th and 31st Russell Brown will be tried pro se, serving as his own defense council, on the same charges Jack Gilroy faced today.


Related posts

The trials of citizen activists in Upstate New York are part of a government plan to put a chill, once and for all, on citizens' exercise of Constitutional rights.  The citizens rely on Bill of Rights protections, Constitutional provisions about civilian control over the military, and the international treaties covering conduct of war and human rights, to which the United States is a party. The position of the government is that no dissent will be tolerated, and that the severity of the penalties for expression will be rapidly escalated, until the point where dissent is cut off entirely.

(See The Hancock Show Trials: Quashing Dissent Against America's Criminal Drone Killing Program )

As indicated above, the majority of the trials (including the first) stem from protests that occurred at the end of April, 2013.

(See April Days of Action Against Drones Culminates with a conference in SYRACUSE and a massive demonstration at Hancock AFB- 31 arrested )

One Year in Prison: Sentence in Connection with "Order of Protection" Directed Against Stop Antiwar Protest

For Immediate Release:

Contacts:
Carol Baum, Syracuse Peace Council (Syracuse), 315.472.5478 (SPC), 315.383.5738 (cell)
Ellen Grady, Ithaca Catholic Worker (Ithaca), 607.279.8303
Jim Clune, Broome County Peace Action (Binghamton), 607.773.0246
Judy Bello, Upstate Drone Action (Rochester), 585.733.4058
Vicki Ross, Western New York Peace Center (Buffalo), 716.884.0582
John Amidon, Veterans for Peace (Albany), 518.312.6442
Mark Colville, Amistad Catholic Worker (New Haven, CT), 203.415.5896

Drone Resister Sentenced to One Year in Prison
Base’s Order of Protection Begs Judgement

On July 10, grandmother of three, Mary Anne Grady Flores was sentenced to one year in prison after being found guilty of violating an Order of Protection. A packed courtroom of over 100 supporters was stunned as she was led away, and vowed to continue the resistance.

These Orders of Protection, typically used in domestic violence situations or to protect a victim or witness to a crime, have been issued to people participating in nonviolent resistance actions at Hancock Air Base since late 2012. The base, near Syracuse NY, pilots unmanned Reaper drones over Afghanistan, and trains drone pilots, sensor operators and maintenance technicians. The orders had been issued to “protect” Colonel Earl Evans, Hancock’s mission support commander, who wanted to keep protesters “out of his driveway.”

Mary Anne began her sentencing statement with, “Your honor, a series of judicial perversions brings me here before you tonight.” She concluded that the “final perversion is the reversal of who is the real victim here: the commander of a military base whose drones kill innocent people halfway around the world, or those innocent people themselves who are the real ones in need of protection from the terror of US drone attacks?”

The orders of protection are being challenged on many legal grounds.

Mary Anne had been issued a temporary order in 2012. The following year, she photographed a nonviolent witness at the base, but not participating herself because she did not want to violate the order. The irony is that those who actually participated in the action were acquitted, while Mary Anne was charged with violating the order.

Even though the pre-sentencing report recommended no jail time, Judge Gideon sentenced Mary Anne to the maximum of a year in prison. As he imposed his sentence, the judge referred to his previous Hancock decision. He had stated then and insinuated now, “This has got to stop.”

In addition, Mary Anne was fined $1000 plus a $205 court surcharge and a $50 fee to have her DNA collected.

Her verdict is being appealed.

For information on how to support Mary Anne, contact Ellen Grady at demottgrady6@gmail.com.


Related posts

A very important series of trials is proceeding in the coming weeks in upstate New York. These trials follow in a line of previous trials of peace activists who have been working to stop the commission of war crimes by the drone kill chain, part of which is based a Hancock Air Force Base. What is particularly significant about the upcoming trials is that they are part of a government plan to put a chill, once and for all, on citizens' exercise of Constitutional rights.

(See The Hancock Show Trials: Quashing Dissent Against America's Criminal Drone Killing Program )

Syracuse grandmother facing a year in prison for photographing anti-drone warfare action at Hancock AFB

Sentencing: July 10^th

Drone Attack Victims Need Orders of Protection!

Syracuse, NY.  Drone activist, Mary Anne Grady Flores, is facing 1 year in jail for violating an order of protection. She will be sentenced at 6pm, Thursday, July 10, 2014,by Judge Gideon of De Witt Town Court (5400 Butternut Dr., East Syracuse, New York). The grandmother of 3 had been issued a temporary order of protection for participating in a nonviolent civil resistance action in 2012 at Hancock Air Base. Col. Earl A. Evans, the base’s mission support group commander, was granted the order from local judges, to shut down protests at the base.  

Mary Anne Grady Flores, facing a 1 year jail term for violation
 (by photographing a demonstration) of an "order of protection"
 against the Commander of Hancock AFB, notorious hub
 of drone warfare activities.

The base is a hub of reaper drone activity – drones are piloted over Afghanistan from the base; and reaper pilots, sensor operators and maintenance people are trained there. Who actually needs an order of protection – the base commander, behind a barbed wire fence and surrounded by military might, or families in Afghanistan, Pakistan, Yemen and elsewhere subject to the terror of drone strikes?

On Ash Wednesday 2013, while standing in the public intersection, Mary Anne, in a support role, photographed eight Catholics who participated in a nonviolent witness at the base. She did not participate in the witness because she had intended not to violate the order of protection. She understood the order to mean that she was forbidden to join the protest or be on base property. Following the arrests the activists learned that the base property line went out to the double yellow line in the middle of the road. The irony is that those who actually participated in the action were acquitted of their charges. Mary Anne was charged with violating the order.

Fifty activists have received orders of protection on behalf of the base Colonel, signed by the DeWitt Town Court Judges. The orders, typically used to prevent domestic violence and abuse of victims, are being challenged for their blatant abuse of the First Amendment, shutting down free speech and the right to protest at the base and for their inappropriate application of NY State Law. In a recent ruling, acting NYS Supreme Court Judge Brunetti ruled the order of protection was invalid. The Assistant District Attorney is currently appealing that decision.

In spite of Mary Anne’s conviction and upcoming sentence, the protest will continue. No one can stand silent and ignore the pleas from victims of drone attacks.

The Upstate Coalition to Ground the Drones and End the Wars is a coalition of antiwar organizations in Upstate New York that formed around resistance to the MQ-9 Reaper Drone program at Hancock Base, where they train pilots and technicians with local missions from Fort Drum and fly lethal Reaper missions over Afghanistan.

Contacts:

Ellen Grady, Ithaca Catholic Worker, 607-279-8303

Carol Baum, Syracuse Peace Council, 315-472-5478 (SPC) or 315-383-5738 (cell)

Mary Anne Grady Flores, Ithaca Catholic Worker, 607-280-8797

(All are a part of The Upstate NY Coalition to Ground the Drones and End the Wars)

Hancock 17 Drone War Crimes Resisters' Verdict Is In

On Friday, February 7, Town of DeWitt Court Judge David Gideon found twelve of the Hancock Drone War Crimes Resisters guilty of disorderly conduct, but acquitted them of Trespassing. They had gone to Hancock Air National Guard Base near Syracuse, NY, on Oct. 25, 2012, to bring a Citizens War Crimes Indictment to the base and symbolically block the gates.  Their nonviolent action had called for an end to drone warfare.

Hundreds marched in a funeral procession in front of Hancock last April
 in commemoration of those killed by drone strikes.

 Saying, "At some point this has to stop," the judge gave the defendants the maximum sentence - 15 days in jail (starting immediately) and a $250 fine with a $125 court surcharge. He also imposed a two-year Order of Protection, prohibiting the defendants from going to the home, school, business or place of employment of Col. Earl A. Evans, Commander of Hancock's mission support group. Considering that the defendants had never met or knew of him before their arrest, it is clear the intent is to keep people away from the base.

Defendant Rae Kramer stated, "No person on the base was
 intimidated by us, that is clear. But the end result is to
 deprive me of my 1st Amendment Rights."

In their sentencing statements, the defendants spoke from their hearts and minds. Some reaffirmed their legal duties as citizens to stop war crimes:

Clare Grady said, "We went there to stop the war crimes. That was our intent." 

James Ricks hoped the judge would "sentence us to community
 service to investigate the war crimes they are committing at the base."

 Judy Bello said, "The people suffering are so
 significant...this requires a persistent response."

Mark Scibilia-Carver quoted the Pope saying "violence is a lie,"
 and "Faith and violence are incompatible."

Mark Colville challenged the Court, stating, "This
 court has been found guilty of stopping its ears
 to the laws that are in place to protect life.
 This court has been found guilty of stopping
it's ears to the voices of the victims of the drones."

The defendants were prepared for whatever sentence the judge imposed.

  In the words of Ed Kinane, "Any penalty this court

 can impose on me is trivial compared to the 

 sentences imposed on the drone victims."

Visit Upstate NY Coalition to Ground the Drones and End the Wars to see inspiring videos of all of the sentencing statements.

Hancock AFB Commander requests "order of protection" from anti-drone activists

The truth hurts. At least, apparently for Colonel Earl Evans, commander of the Hancock Air National Guard Base in DeWitt. As reported by the Syracuse Post-Standard, Col. Evans has applied for and been granted a restraining order against 17 anti-drone peace activists from the Syracuse area, in retaliation for their peaceful demonstrations against the civilian carnage resulting in countries around the world from U.S. drone strikes.

Col. Evans has requested protection from 17 activists against
 their approaching Hancock AFB to protest its role as a drone
 base; a luxury unavailable to people whose lives are
threatened by drones piloted under Evans' command.

This move by Evans comes in the wake of ongoing demonstrations across the street from the base, and a recent protest in which 37 activists were arrested for blocking one of the base's gates. As noted by local drone resister John Hamilton, the irony is palpable:

 "Clearly the intent is to keep us away from his ‘place of employment’, the military base.  However, he is a government official, and the first amendment doesn’t say, ‘you can petition your government once… and after that it’s a felony.’

This is of course a pure perversion of the restraining order laws, and therefore illegal in itself.  Judge Benack, who issued these, and Judge Jokl who is enforcing them should, and soon will be ashamed of themselves.

Having the full force of the $700 billion a year US military to protect him is, apparently, to our trembling commander, but a weak shadow.  The plaintiff commander also requires the full force of the sheriff’s department, and the local courts to let him sleep easy.

Makes you wonder, doesn’t it, why his sleep is so fitful and his days troubled.  Makes you wonder why he’s so frightened of peaceful us citizens who stand before him only with signs and truth.

The killer  drones this commander commands are actually completely illegal, immoral, and are, according to the UN, undermining all  human law, by ignoring laws against extrajudicial  (outside the law) killings.  These are very serious offenses against common sense and common morality. Indeed as law-abiding citizens we are required by US law, customary international law, and the long established Nuremberg principles, to stop these illegal activities wherever they occur."

Local activists targeted by the order have filed a lawsuit in the state supreme court against Donald Benack, Jr. and Robert Jokl, Jr., the DeWitt judges who made the choice to threaten these citizens with felony charges for exercising their first amendment rights in protesting the unjust and illegal killing being perpetrated by drones in the name of the "war on terror."

Demonstrators peacefully submit to arrest after blocking the
 gate at Hancock Air National Guard Base.

April Days of Action Against Drones continue with the Convergence for Action and Inspiration against drone warfare in Syracuse this weekend. which will conclude with a return to demonstrate at the gates of Hancock Air National Guard Base!