In spite of this dismal record, the prosecutor's office continues to try to
prosecute these cases, and obtain plea bargains for lesser offenses for which
the protestors are not guilty.
It is time to stop wasting county resources prosecuting citizens for exercising legitimate constitutional rights? The prosecutor's office should be focusing on real crime and not prosecuting political protest against an administration of dubious credibility for waging a controversial war that increasingly large numbers of citizens are questioning.
The Prosecutor is an elected official and, therefore, should pay attention to the priorities of his constituents. Write Victor Viglucci and tell him to stop the prosecution of the remaining cases. His address is:
Victor Viglucci, Portage County Prosecutor
466 South Chestnut Street
Ravenna, OH 44266
330-297-3850
e-mail: prosvv@neo.rr.com
Points to consider for your letter.
* The Prosecutor has already dismissed 4 cases for lack of evidence. That
is, even on their view of the case, the prosecutor determined there was no
evidence from which a jury could possibly convict. The Record Courer 7/22/03,
said, "Charges in three other cases related to May 4 - which Vigluicci declined
to name -- likely will be dismssed as well, for the same reason. 'It doesn't
mean they weren't [in the roadway], but our video doesn't show it,'
Vigluicci said."
Although it is clear that this determination was made within a few days of the arrests, each case was kept on the court's docket for several weeks or months, and dismissed only on the morning the case was called for trial. Thus, the prosecutor clogged the Kent Municipal Court administration with cases that even the prosecutor knew were groundless, interfering with prosecution of real crimes. And, of course, the defendants in these cases endured weeks and months with the humiliation and stress of a pending criminal charge, as well as costs and legal fees
. * Our forefathers & mothers fought so that we could be free to criticize our government, and this right is enshrined in the First Amendment. All protesters (not just those who stayed off the roadway) were engaged in this lawful and protected activity.
* The police repeatedly referred to "the anarchist rally", making clear that their motivation was to attack the politics. (In fact, the political philosophy of rally participants in general as well as those actually arrested covers a broad range, although all shared opposition to the policies of pre-emptive war and the occupation of Iraq.
* It was the police who blocked Main Street. This was done well before any participant in the political march came near to Main Street. Police Chief Jim Peach was very clear about this in his testimony in both trials.
* Main Street was clearly free of traffic when the march came down Terrace Drive to Main Street. Marchers could see a police vehicle to the east blocking traffic from coming further on Main Street.
* News reports have referred to an order to disperse or a warning to stay out of the road. There was no order to disperse. There was an oral warning but it could not be heard by most marchers. Marchers were drumming and chanting, with a State Highway Patrol helicopter roaring overhead. The warning began when the front of the group reached the street, announced from a police van behind them. They could not hear. Even when the police videographer recorded the warning, the words could not be heard until he moved across Terrace Drive and into the White Hall parking lot near to the speaker. (This video was shown at trial.)
* If there were a legitimate reason to keep protesters from going into Main Street, police could easily have given a visible warning by putting a line of police or a vehicle across Terrace Drive at Main. They did not.
* When police gave a visible warning, the marchers complied. After the group went approximately one block (some on the north sidewalk, some in the road), they saw a police line 100 yards ahead. The marchers turned and went on to the KSU campus on the South side of Main Street.
* All arrests followed the marchers' attempted compliance with the visible police warning. Indeed, police made arrests without determining whether the targetted individuals "went on the roadway."
* A great deal of confusion was created by the police conduct after the protesters went onto campus. Several people attempted to communicate with police to determine whether it would be acceptable to continue the march on the sidewalk.
* Police have said that they intended to target leaders. In fact, many of the arrests were directed to people who were attempting to get direction from the police or encouraging others to avoid confrontation.
* The ACLU has file a lawsuit in Federal Court against the city of Kent charging that the parade permit law poses an unconstitutional barrier to constitutionally protected political protest.
This is probably more than anyone would want to put into a letter to the
prosecutor, but Write a letter in your own words and make the points with which
you are comfortable.
IF YOU WRITE A LETTER FORWARD A COPY TO DAVE KESSLER
dkessler@kent.edu
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