Thread: NC Immigration protesters found guilty

Immigration protesters found guilty

May 15, 2009 - 6:55 PM
By Keren Rivas / Times-News

GRAHAM - Seven anti-287(g) protestors charged with disorderly conduct and failure to disperse were found guilty by an Alamance County District Court judge Friday afternoon.

The decision by Chief District Court Judge Jim Roberson came after one day of testimony and almost four hours of statements from both sides and clarifications on the applicable law in the cases against Audrey B. Schwankl, 44, of Pittsboro; Francisco Javier Risso, 37, of Morganton; Patrick M. O'Neill, 53, of Raleigh; Deborah J. Biesack, 44, of Fuquay-Varina; Wendy K. Michener, 52, of Fayetteville; Graymon J. Ward, 24, of Knightdale; and Juan C. Montes Corrales, 44, of Valdese.

All seven defendants gave notice of appeal.

The seven defendants, who were arrested April 8, had been part of a peaceful demonstration that day against the 287(g) immigration enforcement program as part of the Witness for Peace pilgrimage, which takes place every year during Holy Week.

At the end of the demonstration, three of the defendants put on a skit in the parking lot of the Alamance County detention center. As part of the skit, Risso and O'Neill, who were dressed as agents with the U.S. Bureau of Immigration and Custom Enforcement, handcuffed Schwankl, who was dressed as Lady Liberty, because she was an illegal immigrant. They then attempted to bring her inside the detention center but were stopped by two real Graham officers who blocked the door.

When they were not allowed inside, the trio and the rest of the defendants sat at the entrance and refused to leave when officers asked them to do so.

Individually and through counsel, the defendants had argued that they did not engage in any illegal activity but were exercising their constitutional right of freedom of speech. They said their intention was to continue their skit inside the detention center and that they only sat down at the entrance when the officers did not allow them to go in. They also argued that the officers, not them, were the ones blocking the door.

The state argued that the officers were blocking the protestors from entering the building because they had a reasonable belief that things could get out of control if they were allowed in.

The prosecution also pointed to the fact that while a permit had been obtained, the protestors did not stay in the designated area as had been discussed prior to the event. Video footage made available during the trial showed the seven protestors followed by a handful of other marchers and a dozen news reporters as they moved from the designated area to the front door of the detention center.

In his ruling, Roberson said that though he recognized the importance to protect First Amendment rights, he also recognized that those rights are not absolute. While protestors had the right to express their views about the federal/ local immigration enforcement program through chants, speeches and skits, Roberson said, they did not have the right to do it by blocking the entrance or exit of a public building.

He gave each defendant a suspended sentence of five days and two years of probation. He also ordered them not to trespass at the Alamance County Detention Center.

Before receiving her sentence, Schwankl, who attended the proceeding wearing a Lady Liberty costume and described herself as a pacifist, thanked the judge for allowing her to dress the way she did.

"I wanted Lady Liberty to be present in this proceeding," she told the court. "For all of us, it was not about sitting in front of a door. ... We're here for our conviction and our compassion for the immigrants."

http://www.thetimesnews.com/news/defend ... enter.html

287 (g) protesters back in court
Comments 5 | Recommend 0
August 10, 2009 5:09 PM
Times-News

GRAHAM – Seven people who were arrested April 8 after they failed to disperse following a 287 (g) protest outside the Alamance County jail were back in Alamance County court Monday morning, this time to be arraigned in Superior Court.

The protestors, Audrey B. Schwankl, 45, of Pittsboro; Francisco Javier Risso, 37, of Morganton; Patrick M. O'Neill, 53, of Raleigh; Deborah J. Biesack, 44, of Fuquay-Varina; Wendy K. Michener, 52, of Fayetteville; Graymon J. Ward, 22, of Knightdale; and Juan C. Montes Corrales, 44, of Valdese, were found guilty in District Court on May 8 of failure to disperse and disorderly conduct.

They appealed that decision in hopes that a jury would reach a different outcome.

In what has become her typical attire, Schwankl entered the courtroom Monday wearing a Lady Liberty costume with the other six defendants to plead not guilty to the charges during a short arraignment hearing. Minutes before, the protestors and some supporters stood outside the courthouse holding small signs.

Some of the signs asked for a new immigration reform, while others demanded the disbandment of the 287 (g) program, which gives local deputies the authority to act as Immigration and Custom Enforcement agents.

The protestors were arrested April 8 following a peaceful anti-287 (g) demonstration that was part of the Witness for Peace pilgrimage, which takes place every year during Holy Week.

At the end of the demonstration, three of the defendants put on a skit in the parking lot of the jail. As part of the skit, Risso and O'Neill, who were dressed as ICE agents, handcuffed Schwankl, who was dressed as Lady Liberty, because she was an illegal immigrant. They then attempted to bring her inside the detention center but were stopped by two real Graham officers who blocked the door.

When they were not allowed inside, the trio and the rest of the defendants sat at the entrance in an act of the civil disobedience and refused to leave when officers asked them to do so.

Their cases will set for trial at a later date.

www.thetimesnews.com

And Obama,Pelosi,Reid talk about Right Wing Un-American Nut Cases ?? Hmmm

When they were not allowed inside, the trio and the rest of the defendants sat at the entrance and refused to leave when officers asked them to do so.

STUPID PEOPLE. I am glad they were found guilty.