NLG Uncovers Terrorism Indictments in Chicago NATO Protest Case

Jun 20, 2012 National Lawyers Guild

National Lawyers Guild Uncovers Terrorism Indictments in Chicago NATO Protest Case
Eleven charges come without any supporting evidence, arraignments to follow on July 2nd

Chicago, IL — After being denied access to the charges brought last week by the State’s Attorney’s Office against three NATO protesters accused of terrorism crimes, defense counsel obtained the indictment today from the Clerk of the Cook County Circuit Court. In addition to the previous State charges of material support for terrorism, possession of an incendiary device, and conspiracy to commit terrorism, prosecutors also charged the three defendants — Brent Betterly, Jared Chase, and Brian Jacob Church — with additional counts of possession of an incendiary device, attempted arson, solicitation to commit arson, conspiracy to commit arson and two counts of unlawful use of a weapon, totalling 11 charges each. All three defendants remain in jail on $1.5 million bond.

“The prosecutor controls the grand jury and is able to obtain a rubber-stamped indictment for any charges it desires,” said Chicago National Lawyers Guild (NLG) attorney Michael Deutsch, from the People’s Law Office and one of Church’s defense attorneys. “The fact that the indictment charges the defendants with 11 serious felonies, including ‘terrorism’ and two separate ‘conspiracy’ charges for the alleged possession of 4 makeshift incendiary devices shows that the State is intent on continuing its strategy to sensationalize this case.”

While this is the first time the State’s Attorney’s Office has filed charges under the Illinois terrorism statute, certain aspects of the case, such as infiltration and the politicization of criminal activity, are common to other contemporary high-profile cases elsewhere in the country. In early May, federal terrorism and explosives charges were brought against five men in a Cleveland case that involved at least one infiltrator, questions of provocation, and the intentional use by prosecutors of terms like “anarchists” and the “Occupy Wall Street” movement in an effort to politicize the accusations. Another federal explosives case stemming from the 2008 Republican convention protests in St. Paul also involved informants.

“The common thread running through the NATO 3 case and other similar contemporary cases is politically motivated infiltration,” said Chicago NLG spokesperson Kris Hermes. “Given that no Molotov cocktails or other incendiary devices have been used at any political demonstration in the U.S. in recent memory, questions of whether law enforcement is in fact provoking or manufacturing criminal activity remain unanswered and extremely relevant.”

At least two infiltrators were used to arrest the NATO 3 defendants, as well as two other activists seriously charged during the NATO demonstrations in May. “Mo” and “Gloves” were part of a months-long investigation into Occupy Chicago, including getting arrested in April during protests to keep the Woodlawn Mental Health Clinic open. Questions remain as to the infiltrators’ intent, as well as the breadth of their involvement. The infiltrators were also arrested in the Bridgeport house raid, at the same time the NATO 3 defendants were arrested, but “Mo” and “Gloves” have not been seen since. Six other activists arrested in the raid were released more than 30 hours later without any charges.

The NATO 3 were formally indicted by grand jury on June 12th and are expected to be arraigned at 9am on Monday, July 2nd in room 101 of the Cook County Courthouse at 2600 S. California.

Further information:
Indictments: http://nlgchicago.org/wp-content/uploads/NATO3_Indictments.pdf

Anti-NATO protesters held on terrorism charges, extreme bail

“Call States Attorney to demand their release!”

By Committee to Stop FBI Repression | May 31, 2012

 

Fight Back News service is circulating the following call to action from the Committee Stop FBI Repression. Joe Iosbaker is one of the anti-war and international solidarity activists targeted by the FBI and was one of the organizers of the 15,000 person anti-NATO protest in Chicago.
Anti-NATO protesters held on terrorism charges, extreme bail.

Call States Attorney Anita Alvarez at 773-674-6209 - Demand all charges be dropped against anti-NATO protesters! “Release them all now!”

Nine people continue to be held in jail in Chicago, arrested before or during the protests against the NATO summit, according to information provided by the National Lawyers Guild. They face felony charges and even terrorism charges, while the NATO generals responsible for the deaths of tens of thousands have left town to return to their occupation of Afghanistan and plotting for their next war.
Of those still being held, five of them have been charged under a State of Illinois law passed after 9/11 that has never been used. The NATO 5 were all targeted by undercover police officers exposed by the National Lawyers Guild. The agents went by the nicknames “Mo” and “Gloves.”

The NATO 5 were arrested without any evidence of their involvement in violence, other than the statements of undercover provocateurs. The first arrests took place in an unlawful police raid of a home on Wednesday night, May 16th, in which the police kicked in doors without presenting a warrant, beat up people, shackled protesters hand and foot, and then “disappeared” 11 people for up to 40 hours. The National Lawyers Guild and Occupy Chicago activists faced repeated denials by the CPD in their attempts to locate those arrested.

The remaining two were arrested several days later. Again, no evidence has been presented other than the statements of the undercover police. Both men were held longer than the 48 hours required by law before being given access to use of a telephone or to speak with an attorney.

The other four still being held were involved in a protest action at the point which the police turned violent, causing over 70 injuries from baton blows, including many serious head injuries. Over 24 had to be treated at area hospitals for broken bones, knocked out teeth, concussions, and wounds requiring stitches or staples.

On top of the arrests and charges, the protesters are being held with outrageous bails: $1.5 million for the first three facing terrorism charges; $750,000 and $500,000 for the second two charged under the same state terrorism law; and as high as $250,000 for the remaining men. Bail for one Chicago youth, Raziel Azuara is set at $150,000.

It is the Chicago Police Department that is responsible for the violence; and the CPD and the States Attorney are violating the law and the Constitution.

Charges of terrorism, pre-emptive raids and prosecution, charges based on entrapment, and violence against protesters are all standard procedure when the US government declares a National Special Security Event as they did with the NATO summit. These tactics were employed at the Republican National Convention in 2008, resulting in the cases of the RNC 8; the 23 anti-war activists raided by the FBI and subpoenaed to a grand jury for investigation of support for foreign terrorists; and the current trial of Carlos Montes in Los Angeles. Now in Chicago they’ve added the element of excessive bail, as if the protesters were part of the 1%, rather than the 99%.

We must speak out against this repression. We know the charges against the anti-NATO protesters are false. All these prisoners should be free.

Call States Attorney Anita Alvarez at 773-674-6209. Demand all charges be dropped against anti-NATO protesters! Release them all now!

In struggle,
Joe Iosbaker

Committee to Stop FBI Repression