The following article was written by Kathy Kelly to briefly
describe how our arraignment hearing unfolded on Tuesday.
This first part is my
reflection.
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Deacon Georgia Walker in gray jacked seated next to Kathy Kelly , Voices for Creative Nonviolence |
This morning I am still stunned to have experienced the way in
which our so called justice system works. My primary ministry is with men and women who are coming out of
jail or prison or in some other way caught up in the justice
system. Daily, I hear of the injustices that many of them must
endure.
I am always quite aware that 95% of the criminal convictions in
the United States are a result of “plea bargains” rather than actual
trials. Many, many innocent individuals
take pleas in order to just get it over with and to get on with their
lives. Today, I took a step to becoming more “literate” about their world
and I feel profoundly humbled and privileged to have walked a bit in their
shoes.
When we first arrived in court with our lawyer and our supporters,
we were offered a “plea bargain”…if we would plead guilty, the military
prosecutor would recommend that the judge sentence us to one month of prison and
a $500 fine. In a preliminary opening
to the hearing…the judge carefully informed us of our
“rights”. He
then let us go back and confer with our lawyer.
Kathy and I could not say that we were guilty.
So we asked our attorney to ask the prosecutor
if we could plead “no contest”.
He said he would accept that plea and would
then ask the judge to sentence us to three months in prison and $500
fine.
Back before the judge again…he said that he would not permit us to
plead “no contest”. He once again
informed us of our “rights” to take the original plea of guilty or go to
trial. The
prosecutor would then ask for six months in prison and $500
fine. Note
that as you exercise your rights that the threat of punishment keeps
increasing. As Kathy and I sat there at the table before the judge, we looked
at each other like “deers caught in the headlights” and realized that in a
matter of 18 seconds we went from one to three to six possible months of
confinement…just by exercising our rights.
And we are educated, privileged white
women with an actual lawyer by our sides.
No wonder the men and women with whom I
minister so often take the plea bargains even when they know themselves to be
innocent!
So our trial date is set for Dec 10th…please pray for all that face decisions such as these each
day! by Deacon Georgia
Walker, ARCWP
On
October 7, 2014, Kathy Kelly and Georgia Walker appeared before Judge Matt
Whitworth in Jefferson City, MO, federal court on a charge of criminal trespass
to a military facility. The charge was based on their participation , at
Whiteman Air Force Base, in a June 1st 2014 rally protesting drone
warfare. Kelly and Walker attempted to deliver a loaf of bread and a letter to
the Base Commander, encouraging him to stop cooperating with any further usage
of unmanned aerial vehicles, (drones), for surveillance and
attacks.
The
prosecutor, USAF Captain Daniel Saunders, said that if Kelly and Walker would
plead guilty to the charge, he would seek a punishment of one month in prison
and a $500 fine. Kelly and Walker told the prosecutor that they could accept a
“no contest” plea but were not willing to plead guilty. The prosecutor then said
he would recommend a three month prison sentence and a $500 fine. The judge
refused to accept a “no contest” plea. Kelly and Walker then requested a trial
which has been set for December 10, 2014.
Brian
Terrell, who also attended the hearing, has previously been tried before Judge
Whitworth on the same charge. In October of 2012, Whitworth sentenced him to the
maximum penalty of six months in prison. His co-defendant, Ron Faust, also went
to trial and was initially sentenced to five years probation which was later
reduced to one year. Mark Kenney, also a co-defendant, had pled guilty and
received a four month sentence.
Kathy
Kelly noted that drone
strikes on October 7, 2014 killed seven people, in Pakistan and that this is
the third day in a row of drone attacks in Pakistan’s Waziristan area. On
October 6th, eight people were killed and six wounded. Today also
marks the thirteenth year of U.S. war in Afghanistan, a country which was
considered, in 2013, to be the epicenter of drone warfare.
“I
feel we’re compelled by our conscience, “ Georgia Walker told a gathering of 35
people in Kansas City, the previous evening. “We’re compelled by our own
spirituality, to keep speaking up and to keep getting people to know that
silence is complicity. We have to speak out to say ‘Not in my Name.’”
“I’m
sure that Georgia and I didn’t commit a crime,” said Kathy Kelly. “We tried to
send out an alarm about a crime that’s being committed at the base. Innocent
people, including children are killed by the drone strikes.”
Kelly
and Walker later met with supporters and attorneys to discuss plans for a
vigorous defense on December 10th, International Human Rights Day.