Thread: Jury convicts three of five 287 (g) protesters

Jury convicts three of five 287 (g) protesters

March 08, 2012 6:11 PM
Chris Lavender / Times-News

GRAHAM — Three of the five defendants on trial in Alamance County Superior Court this week who participated in a 2009 protest at the Alamance County jail were found guilty on Thursday of failure to disperse on a command to disperse.

The defendants were appealing a guilty verdict in Alamance County District Court. Testimony in the appeal case held in Superior Court began Tuesday.

Francisco Javier Risso of Morganton, Patrick M. O’Neill of Raleigh and Audrey B. Schwankl of Pittsboro were found guilty and sentenced by Superior Court Judge Osmond Smith to 10 days in jail to be suspended, 18 months of unsupervised probation, and a $200 fine each plus court costs.

Defendants Deborah J. Biesack of Fuquay-Varina and Graymon J. Ward of Knightdale had their cases declared a mistrial after the jury failed to render a unanimous decision in their cases. The Alamance County District Attorney’s Office could decide to prosecute Biesack and Ward again, Smith said.

Risso and O’Neill objected to paying a $200 fine each and court costs, according to defense attorney Barry Nakell. Smith said the defendants had until April 9 to pay their fines and court costs. If they fail to pay their fines and court costs, then they each would serve 10 days in jail consecutively.

Jurors watched two videos again on Thursday morning that showed how Graham police blocked the protesters’ entrance into the jail on April 8, 2009. They were protesting Alamance County’s use of the 287 (g) program that is used to process illegal immigrants who are arrested. The county first adopted the program in 2007.

A video taken from the Times-News‘ website and played again for the jurors on Thursday that showed the scene of the protest, and showed Graham Capt. Steve McGilvray asking the group to move from the entrance and telling them they would be arrested if they didn’t move. One of the defendants is shown telling McGilvray they understand what they are doing and understand the consequences.

Another video showed to the jurors on Thursday was recorded from the roof of the jail showing the protestors advancing toward the entrance of the jail.

McGilvray then arrested the seven people. All seven were later found guilty of failing to disperse in district court. One of those seven defendants has since died. Another chose not to pursue the appeal trial in superior court this week and accepted the district court ruling.

After the verdicts were read on Thursday, Biesack looked back to the courtroom audience and said “I’m sad” as she wiped tears from her eyes with a tissue. Before sentencing, O’Neill, Risso, and Schwankl were allowed to take the witness stand and speak on their own behalf.

O’Neill said that he was surprised the jurors made a unanimous decision for three of the defendants but could not make an unanimous decision on the other two defendants’ cases because the protest at the jail was a collective action.

O’Neill said he still believes it was a mistake for Alamance County to adopt the 287 (g) program and believes it was implemented with anti-immigrant sentiment. The protesters had decided in April 2009 to challenge the law at the jail because they believe 287 (g) is unjust, said O’Neill.

Risso said it is unfair for Alamance County to use 287 (g) to separate families. Risso said he decided to participate in the protest based on his religious beliefs.

Schwankl was dressed as the Statue of Liberty during the protest in 2009 and discussed her role in the event at the jail.

“I didn’t know I would be arrested but I knew it was a possibility,” Schwankl said.

Schwankl said the protest’s organizers had discussed a sketch they would perform at the jail and she wasn’t sure at first if she would go through with the plan.

“I had to think about that for a long time,” Schwankl said.

Schwankl said Thursday she was proud of what she had done during the protest because she was able to stand up for what she believed in.

During arguments before sentencing, Nakell said the protesters only sought to bring publicity to their cause against the 287 (g) program. Nakell said it as a spur of the moment decision made by the protestors to sit down in front of the jail’s entrance.

“(They were) convicted for what I think is a minimal violation if it is a violation at all,” Nakell said.

Alamance County Assistant District Attorney Larry Brown argued before sentencing that there were consequences to be paid for those who decided to break the law.

Jury convicts three of five 287 (g) protesters | jury, protesters, three - Burlington Times News

Yay! Wish they had convicted all five but we will take three of them getting a lesson!

I was proud to be there with the fine folks of Alamance County NC that came out to support Sheriff Terri Johnson and his use of the 287(g) program to deport illegal aliens that are arrested for committing other crimes on American soil.

The pro American protesters outnumbered these illegal alien invasion supporters 5 to 1 on the day they were arrested!

W

Originally Posted by ALIPAC

Yay! Wish they had convicted all five but we will take three of them getting a lesson!

I was proud to be there with the fine folks of Alamance County NC that came out to support Sheriff Terri Johnson and his use of the 287(g) program to deport illegal aliens that are arrested for committing other crimes on American soil.

The pro American protesters outnumbered these illegal alien invasion supporters 5 to 1 on the day they were arrested!

W

That was a really good day! I was surprised at how many were there in support