Ellen Murphy trial update; by Sharon Crozier
Ellen Murphy trial update; by Sharon Crozier
The person on the Bench in Bellingham’s Municipal Court said today (Monday, Mar 26) that citizens have no right to be heard by our public officials, that participation in democracy is voting and no mo
The person on the Bench in Bellingham's Municipal Court said today (Monday, Mar 26) that citizens have no right to be heard by our public officials, that participation in democracy is voting and no more. Not in those exact words but, if that was her intent, she couldn't have said it more clearly.
Following the hearing, Ellen Murphy and others attending the Motions Hearing said they were stunned by the remark.
Murphy--who was arrested on Oct. 13 in Rep. Rick Larsen's Bellingham office on charges of trespassing--said, "Redress, direct democracy, creative nonviolence, freedom of assembly, free speech, being our own media---all the tireless, powerful and beautiful efforts for peace and justice were thrown out the window by a judge in a court of law, as she trampled us with her words."
No subpoena, no deposition
The judge, Deborah Lev, also ruled that subpoenaing Larsen could add nothing relevant to the case. Murphy's attorney, Joe Pemberton, said that Larsen had inserted himself into the case by submitting a sworn affidavit, and Larsen should at least be subject to interrogatory examination or cross examination. Lev disagreed, saying Pemberton had failed to prove materiality.
Pemberton said, "He's not only material, but he's actually tried to influence the outcome."
Lev told Pemberton, "If you're willing to open your mind here, the congressman has more important work to perform. He may not even know the details of Murphy's arrest."
Second arrest "not material"
The judge also said she would not allow any mention of Murphy's Oct. 20 arrest for trespassing, which resulted in being banned for life from Larsen's office. The prosecution soon dropped those charges when Pemberton pointed out discrepancies in the allegations leading to her arrest.
Pemberton said the second arrest was significant as it would show a pattern of bias. Again, Lev did not agree.
Constitution not allowed
Pemberton repeatedly stated that Constitutional arguments may apply to the case--that Murphy's rights may have been violated, including the denial of her rights of redress and free speech. Lev said she didn't agree because "we all know this is a protest case." She didn't explain why Constitutional arguments weren't available to protesters, except to say that either Murphy was trespassing or she wasn't.
Just a clarification
Finally, Lev allowed the prosecution to change the original charges against Murphy, saying it was just a "clarification." While all parties agreed that the law allows such a change, Pemberton objected on the grounds that such changes were only possible because material facts had been re-interpreted or altered.
With each of Judge Lev's rulings for the prosecution, Pemberton persisted until he got clear responses on just what issues could be presented, what arguments might be brought and which details would be allowed in the April 17 jury trial.
COMMENT:
A word here, about the prosecutor: Ryan Anderson has remained pleasant to the defense, making few objections or arguments and he seldom, if ever, raises his voice. On the other hand, he may find it unnecessary to intervene in the proceedings; Judge Lev fields the objections and questions on issues and points of law that are ordinarily exchanged between the defense and the prosecution.
Lev's usual tone changed from bordering on sarcasm to accommodating after she reminded those present (and perhaps herself) that the only way to change unwanted elected officials is to "vote them out."
In the last minutes of the hearing, she made occasional suggestions on ways the defense could introduce testimony to the jury that might circumvent her restrictions--something unusual in Lev's political protest cases.
Let's give Lev the benefit of the doubt and say that she's just in there doing her job, even though she sometimes appears to be doing the prosecution's job. One always hopes for fairness and justice; that hope survives because of the belief that everyone is capable of being reached. That's what keeps "activists" active, after all...
As Ellen Murphy said, "The black kids at the lunch counters would have been delighted had they actually been served lunch, and would have given thanksgiving.
"I did not want to be arrested. I wanted something good that would move us toward peace to happen, something to be served."
Following the hearing, Ellen Murphy and others attending the Motions Hearing said they were stunned by the remark.
Murphy--who was arrested on Oct. 13 in Rep. Rick Larsen's Bellingham office on charges of trespassing--said, "Redress, direct democracy, creative nonviolence, freedom of assembly, free speech, being our own media---all the tireless, powerful and beautiful efforts for peace and justice were thrown out the window by a judge in a court of law, as she trampled us with her words."
No subpoena, no deposition
The judge, Deborah Lev, also ruled that subpoenaing Larsen could add nothing relevant to the case. Murphy's attorney, Joe Pemberton, said that Larsen had inserted himself into the case by submitting a sworn affidavit, and Larsen should at least be subject to interrogatory examination or cross examination. Lev disagreed, saying Pemberton had failed to prove materiality.
Pemberton said, "He's not only material, but he's actually tried to influence the outcome."
Lev told Pemberton, "If you're willing to open your mind here, the congressman has more important work to perform. He may not even know the details of Murphy's arrest."
Second arrest "not material"
The judge also said she would not allow any mention of Murphy's Oct. 20 arrest for trespassing, which resulted in being banned for life from Larsen's office. The prosecution soon dropped those charges when Pemberton pointed out discrepancies in the allegations leading to her arrest.
Pemberton said the second arrest was significant as it would show a pattern of bias. Again, Lev did not agree.
Constitution not allowed
Pemberton repeatedly stated that Constitutional arguments may apply to the case--that Murphy's rights may have been violated, including the denial of her rights of redress and free speech. Lev said she didn't agree because "we all know this is a protest case." She didn't explain why Constitutional arguments weren't available to protesters, except to say that either Murphy was trespassing or she wasn't.
Just a clarification
Finally, Lev allowed the prosecution to change the original charges against Murphy, saying it was just a "clarification." While all parties agreed that the law allows such a change, Pemberton objected on the grounds that such changes were only possible because material facts had been re-interpreted or altered.
With each of Judge Lev's rulings for the prosecution, Pemberton persisted until he got clear responses on just what issues could be presented, what arguments might be brought and which details would be allowed in the April 17 jury trial.
COMMENT:
A word here, about the prosecutor: Ryan Anderson has remained pleasant to the defense, making few objections or arguments and he seldom, if ever, raises his voice. On the other hand, he may find it unnecessary to intervene in the proceedings; Judge Lev fields the objections and questions on issues and points of law that are ordinarily exchanged between the defense and the prosecution.
Lev's usual tone changed from bordering on sarcasm to accommodating after she reminded those present (and perhaps herself) that the only way to change unwanted elected officials is to "vote them out."
In the last minutes of the hearing, she made occasional suggestions on ways the defense could introduce testimony to the jury that might circumvent her restrictions--something unusual in Lev's political protest cases.
Let's give Lev the benefit of the doubt and say that she's just in there doing her job, even though she sometimes appears to be doing the prosecution's job. One always hopes for fairness and justice; that hope survives because of the belief that everyone is capable of being reached. That's what keeps "activists" active, after all...
As Ellen Murphy said, "The black kids at the lunch counters would have been delighted had they actually been served lunch, and would have given thanksgiving.
"I did not want to be arrested. I wanted something good that would move us toward peace to happen, something to be served."
