Dear friends and comrades,
On April 27th, a judge in Federal Court found me guilty for "failing to obey a lawful order" to disperse. This charge stemmed from my arrest, along with 96 others, at a non-violent civil disobedience demonstration (with loads of non-arrested observer-participants) on behalf of a new trial for Mumia Abu-Jamal and Leonard Peltier last July 3rd, at the Liberty Bell in Philadelphia.
This is a mere violation or a low-level misdemeanor. Most of the arrestees copped pleas to the same charge and were sentenced to pay a $250 fine, and $25 to a victim's restoration fund -- that's it, and it's bad enough. But several of us went to trial asserting our innocence of the charges against us. I'd submitted a motion for a jury trial, but the judge said that since the Prosecutor wasn't asking for jail time, I was not entitled to one. I said "I had no idea WHAT the Prosecutor is asking for." There was absolutely no contact between the US Attorney (prosecutor) and myself at any time. I didn't even know my charges until I got to court, and never even PLEADED!
I also submitted a motion for copies of all communications between the Assistant US Attorney and the FBI regarding my case (denied, of course).
And I managed to put the Assistant US Attorney on the witness stand, after I found a photograph in which he was standing right nearby at the Liberty Bell watching me being arrested. (He had selected video clips in which he was not present, and made no statement to the court until then saying he had been.)
After a 2-day trial, in which I served as my own attorney (with some legal assistance), I and one other person were found guilty, just as had a number of others the week before.
I was sentenced -- same as the others -- to 1 year probation (reviewable in either 30 days or 60 days depending on which agency you ask). Among the requirements of probation (which I signed, under duress of being thrown into jail -- nice "freedom" we've got!), is a whole host of things, including regular urine tests, no consorting with "other" felons, $250 fine, $25 payment to the victim's restititution fund., and confinement to the Judicial District, in this case the Southern District of NY, which is Queens, Brooklyn & Staten Island. The rest of the City and Long Island are thrown in as a "special privilege". I'm not allowed to travel out of that area for any reason.
All of this, and more, not for a felony, not even a serious misdemeanor, but for the legal equivalent of "jay-walking." Most of the time, these sort of cases are thrown out of court, with at worst a $25 fine. Because this was "political", against the death penalty, and for a new trial for Mumia Abu-Jamal and Leonard Peltier, the Philadelphia judge and prosecutor saw fit to slam me, and a few others who dared to plead not-guilty.
And so, I wrote a very polite letter to the Judge yesterday requesting that he allow me to travel to New Paltz, NY -- just 1-1/2 hours away -- where I was supposed to be a featured speaker at a program concerning genetic engineering, and was to receive a stipend for my talk. I also asked that he allow me to attend a long-planned environmental conference in Brussels next week, where I was also to be remunerated. (I state the money end of things because judges and probation officers are generally supposed to make exceptions for legal activities done in order to make one's living.) I explained that I am on the editorial board of several newspapers and magazines (Green Times, Green Politics, Synthesis/Regeneration, Red Balloon Magazine), a journalist, and speaker, in addition to selling my poetry in New York City, and that preventing me from traveling to conferences was depriving me of making my living.
The Judge, who refused to write back to me, was apparently provoked to major ire by my very nicely written letter, to which I'd attached the Brussels invitation. While it was a longshot that he would let me travel to Brussels to begin with, he instead spoke with the probation office and has asked them to -- get this! -- lift my passport!! And he notified US Customs to add me to their computerized registry of criminals to watch out for, in case I decided to flee the country or travel to Brussels against his ruling. He fined me $250 (with the "possible" option of working it off at some volunteer agency, instead -- maybe). And now I am subjected to regular urine tests, home visits from probation officers, and various other conditions of hospitality of the US penal and probation system.
I filed a notice of appeal this afternoon. I -- and the others -- need intelligent lawyers to challenge this trial and sentencing, as well as this entire process of penalizing people for pleading not guilty.
If you would like to send a letter of protest to the judge for denying me my right to travel and to make my living as a journalist, environmentalist and public speaker (they usually allow people to travel if that's how they make their money or business connections, etc.), and your right to have me share with you my ideas and experiences, you can write him directly at Judge Arnold C. Rapoport, US District Court, Eastern District of Pennsylvania, Federal Bldg., 504 W. Hamilton St., Allentown PA 18101 USA. The fax # is (610) 776-0379, and telephone number is (610) 776-0369. NO PHYSICAL THREATS, PLEASE! (But say what you want, politically.) Please send me a copy, too.
Any funds you'd like to contribute to my legal and living costs are also greatly appreciated. You can send them to Mitchel Cohen, 2652 Cropsey Avenue, #7H, Brooklyn NY 11214.
Free Mumia Abu-Jamal, Leonard Peltier, and all political prisoners.
Thank you.
Mitchel Cohen
PLEASE CIRCULATE THIS APPEAL.