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View Full Version : Judge Refuses To Dismiss Charges Against Carlos Montes Outrageous Court Decision



ckaihatsu
2nd February 2012, 23:18
News in Montes case - Trial Begins Feb 8


Montes Goes to Trial Feb 8! Read below for an update on his case. Get ready to call Obama and Holder next week.


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http://us2.campaign-archive2.com/?u=8b7315d854bc40ca9fa6dd227&id=a3ba4ed713&e=b3b6009f90


Judge Refuses To Dismiss Charges Against Carlos Montes
Outrageous Court Decision – Prepare for Trial Feb. 8


Carlos next court hearing is Wednesday, February 8, 2012. Carlos Montes has declared himself “not guilty” on 6 felony charges, dealing with an alleged 42-year old arrest and firearms code violations.Montes’ arrest is part of the FBI attack on 23 other antiwar and solidarity activists.


Drop the Charges against Carlos Montes

Los Angeles, CA - “In the interests of justice this case should be dismissed,” said attorney Jorge Gonzales, lawyer for veteran Chicano leader Carlos Montes, in Los Angeles Superior Court, Jan. 24. Minutes later, though, Judge Lomeli sided with the prosecution, refusing to dismiss the six trumped up felony charges against Montes, on the grounds of insufficient evidence, setting the stage for a trial later this year. The courtroom was filled with supporters of Montes who wanted to see the charges dropped.

"This proves what we believed all along," said Eric Gardner, a member of the LA Committee to Stop FBI Repression, “The government is going to use all means at its disposal to try and get Carlos - and other anti-war and solidarity activists around the country - behind bars."

Before Montes’ court appearance, activists gathered outside the court building demanding that the charges, which carry up to 18 years in prison, be dismissed. The protesters ranged from long time political activists to street vendors from Central America who Montes is working with to fight police harassment and racist discrimination.

The prosecution has told the press that they want Montes to spend at least five years in jail.

Speaking in front of the courthouse, Mick Kelly, a spokesperson the Committee to Stop FBI Repression, whose Minneapolis home was also raided by the FBI stated, “On May 17, 2011, the L.A. Sheriff Department - acting at the behest of the FBI - raided Montes’s home. The pretext was phony violations of the firearm code. These alleged violations have no basis in reality whatsoever. At issue in this case are the civil liberties of all us who are standing up against war and injustice.”

The May 17 raid, by the Los Angeles Sheriff's Department and members of the FBI, took place at 5:00 a.m. The L.A. County Sheriff’s SWAT team and Emergency Operations Bureau agents armed with automatic weapons broke down the door to Montes' home while he slept. They seized computers, cell phones, current and historical political documents and left Montes' home in shambles. Montes could have been killed.

Kelly continued, “Carlos Montes is one of the 24 anti-war and international solidarity activists who have been hit by FBI and grand jury repression since Sept. 24, 2010. Like many of the others who have been caught up in this witch-hunt, Montes was one of the organizers of the massive protests at the 2008 Republican National Convention. And like the others, he has spoken out tirelessly against U.S intervention abroad and oppression here at home.

“Carlos Montes is a hero who has devoted his entire life to making this world a better place. In the 1960s he was a founder and leader of the Brown Berets, the historic East L.A. walkouts and the Chicano Moratorium. He is an important leader in the movement for immigrant rights and has worked to defend public education. Montes is an example of a community leader who serves the people and builds the people’s struggle for justice,” stated Kelly.

Outrageous decision
Montes' defense challenged the state’s claim that he has a felony record from his 1969 arrest for leading a student strike demanding Chicano Studies and Black Studies at East L.A. College. This is important. That the legal record does not support the claim of a past felony should rule out the District Attorney going ahead with this case. The government is alleging that it was a crime for Montes to buy several guns at a local sporting goods store, because of the nonexistent felony record.

The prosecution is basing their evidence on a 42-year-old incident, where during this student strike and rally, the L.A. County Sheriff’s Department invaded the East L.A. college campus, beating and arresting student protesters. During the turmoil, Montes was arrested and charged with assaulting a sheriff’s deputy.

"This case is not about old records," says Charla Schlueter of the LA Committee to Stop FBI Repression, "The FBI is dredging up a case over four decades old because of Carlos' involvement in the anti-war, immigrant rights and international solidarity movements today. They don't like that he is part of a movement that challenges U.S. imperialism."

Next court appearance
The next court date is Feb. 8. Montes says his legal team will continue the discovery process on the sheriffs to get ready for trial.

“The government knows its case against Carlos Montes is weak,” said Mick Kelly. “So they have made up a lie that Montes admitted to a felony record while he was being held in squad car after the raid on his home.” The point of the discovery motion is to get to the bottom of this false allegation.

See the L.A. Committee’s web site at http://www.stopfbila.net/index.html for further details on time and location for an emergency meeting to defend Carlos Montes in Los Angeles on Saturday, Feb. 11.

Montes states that he is looking forward to a jury trial and that he is confident that a jury of his peers will find him not guilty.


Please take the following steps to the support Carlos Montes and the 23 Midwest activists facing FBI repression:


Sign the national petition supporting Carlos Montes

http://stopfbi.us2.list-manage.com/track/click?u=8b7315d854bc40ca9fa6dd227&id=80a8ed4394&e=b3b6009f90


Sign the Pledge to Resist FBI and Grand Jury Repression

http://stopfbi.us2.list-manage.com/track/click?u=8b7315d854bc40ca9fa6dd227&id=8de20796b7&e=b3b6009f90


Join a local support committee of the CSFR or organize one in your town

http://stopfbi.us2.list-manage.com/track/click?u=8b7315d854bc40ca9fa6dd227&id=c25220e924&e=b3b6009f90


Donate to the legal defense fund

http://stopfbi.us2.list-manage.com/track/click?u=8b7315d854bc40ca9fa6dd227&id=e7225490b3&e=b3b6009f90


Get your organization to sign a Solidarity Statement

http://stopfbi.us2.list-manage.com/track/click?u=8b7315d854bc40ca9fa6dd227&id=c833cf3b9b&e=b3b6009f90


Join the national call-in day, Feb. 8

-- President Obama at 202-456-1111 and
-- Attorney General Holder at 202-514-2001

Demand: “Drop the charges against Carlos Montes. There is no evidence!”
Contact us and let us know how your calls went: [email protected]


If you are in the L.A. area...

Join us and at the Court!

Tuesday, Feb. 8
8:00 AM
Criminal Courts Bldg.
211 West Temple St.
LA, CA corner with Broadway
Dept. 123 on the 13th floor.

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Copyright © 2012 Committee to Stop FBI Repression, All rights reserved.
Thanks for your ongoing interest in the fight against FBI repression of anti-war and international solidarity activists!
Our mailing address is:
Committee to Stop FBI Repression
PO Box 14183
Minneapolis, MN 55414

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ckaihatsu
3rd February 2012, 19:56
Updates from the Committee to Stop FBI Repression + Sign the Pledge to Defend Civil and Human Rights!



US Palestinian Community Network
www.uspcn.org + [email protected] + Twitter @USPCN



Updates from the Committee to Stop FBI Repression + Sign the Pledge to Defend Civil and Human Rights!

Please see below for the latest news from the Committee to Stop FBI Repression, the group working to support the antiwar and international solidarity activists, including multiple USPCN members and community leaders in Chicago, as they are targeted by the FBI and US Attorney's office for political repression.

We urge all USPCN supporters, Palestinians, and friends of the Palestinian community to join in this important movement by signing on to the Pledge to Defend Civil and Human Rights (see below or follow link for full text and signatures.)

As the Committee to Stop FBI Repression reports, Barry Jonas, a chief prosecutor in the infamous Holy Land Five case, a prime example of the targeting of Palestinian community leaders and activists for persecution and imprisonment, has now been assigned to the case of the activists in Chicago and New York. Now, more than ever, your support is urgently needed.

From the Committee to Stop FBI Repression: U.S. Attorney’s Office Confirms Investigation Is Ongoing into Anti-war Activists

The Northern Illinois Assistant U.S. Attorney Barry Jonas stated that the “investigation is continuing” into the case of the anti-war and international solidarity activists hit with FBI raids and grand jury repression. Barry Jonas is known for his leading role in prosecuting the leaders of the Holy Land Foundation while he was trial attorney for the Department of Justice Counter-terrorism Section.

This confirms what the U.S. Attorney’s office related some months ago - they are preparing multiple indictments of multiple activists. The FBI raided seven homes and the government subpoenaed 23 international solidarity activists to a Chicago grand jury over a year ago. The anti-war activists refused to appear at the secretive grand jury and launched a campaign against political repression. The U.S. government is threatening to imprison anti-war activists on the grounds of “material support for terrorism.”

Barry Jonas is responsible for railroading the Holy Land leaders. Jonas views solidarity with Palestine as a crime deserving long-term imprisonment. He is willing to pull every dirty trick available to him to obtain convictions. The Holy Land Foundation for Relief and Development was once the largest Muslim charity in the U.S. Its efforts were geared towards providing humanitarian aid to help the people of Palestine and other countries. In 2001 its offices were raided. Three years later, five people associated with the charity were indicted. The first trial ended with a hung jury. The second trial ended with convictions. The five defendants received sentences that range from 15 to 65 years in prison.

The Holy Land trial included secret witnesses - the defense never got to find out who the witnesses were - the use of hearsay evidence, and the introduction of evidence that had nothing to do with the defendants in the case, such as showing a video from Palestine of protesters burning an American flag, as a means to prejudice the jury.

As lead prosecutor, Barry Jonas played a key role in all this. He is now working under Chicago U.S. Attorney Patrick Fitzgerald, who runs the federal grand jury attacking anti-war and international solidarity activists....

Visit the Committee to Stop FBI Repression website for more news and details, as well as updates on the case of Carlos Montes, who will return to court Feb. 8.

Sign the Pledge to Defend Civil and Human Rights!

http://uspcn.org/pledge-to-defend-civil-and-human-rights/


Human Rights Activism is Not a Crime.

Twenty-three (23) human rights activists in the U.S., including 7 Palestinians, are currently under subpoena to appear before a Grand Jury in Chicago, headed and controlled by U.S. Attorney Patrick Fitzgerald. The Grand Jury is a secret and closed interrogation conducted without media presence, judge supervision or the right to an attorney. The basis of the investigation is the activists’ work to educate and organize for human rights in Palestine and Colombia, as well as protestingU.S.wars around the world.

All 23 of the targeted activists have invoked their Fifth Amendment right and have chosen not to testify before the Grand Jury. The U.S. Attorney may now force these activists to testify or go to prison. Whether some are indicted or others are jailed for refusing to testify, the threat to our constitutional rights, including freedom of speech and assembly, is very real.

PLEDGE: (Download a copy of the Pledge to distribute and collect signatures) - Click here to Sign the Pledge Online

In solidarity with the 23, we will defend our constitutional rights of freedom of speech and assembly. We will stand up to any escalation of the attacks on human rights activists.

We will join in the National Day of Protest when any of the 23 human rights activists are ordered to appear in front of the Chicago Grand Jury or indicted.

Sign on to the Pledge!

Initial Signers of the Pledge
Abdessalam Diab, Giza, Egypt
Akira Asada, Takarazuka, Japan
Alessandro Beltrami, Terracina (Latina), Italia
Alfred Stangelmayer, Camberwell, Victoria, Australia
Altaf Hussain, Tustin, CA, USA
Amber Garlan, St. Paul, MN
Ana Cleja, Fumel, France
Anita Couvrette, Gibsons, BC
Antonella Martini, Busseto, Italy
Audrey Bomse, Esq., Haddonfield, USA
Bay Area Women in Black
Bernice Youtz, Tacoma, WA, USA
Bertha Kriegler, Schenectady, NY, USA
Beth Brenneman
Brandon Barnard, Frederick, MD, USA
Bret Polish
Bruce Gowdy, Oakland, CA, USA
Bruce Morgan, Riverside, United States
Carol F. Yost, New York, NY, USA
Carol Lang, Bx, NY, USA
Cathleen Krahe, US
Charlotte Kates, Vancouver, Canada
Chris Teague, Cardiff, United Kingdom
Claudine Vergniol-Orengo, Mazamet, FRANCE
Craig Berman, New York, United States
Cy L. Swartz, Philadelphia, United States
Dan Halpern
Dave Lindblom, Mount Pleasant, United States
David Allerton
David Faubion
David H. Williams
David Kreiss-Tomkins, Sitka, United States
Den Mark Wichar, Vancouver WA, USA
Dennis Kortheuer, Ca, United States
Derek Wharton, Wirral, United Kingdom
Diana Neslen United Kingdom
Don Pearce, cape Town, South africa
Douglas Baty, Dixon, MT, USA
Dr. Omar Al Ghawi, D- 44388 Dortmund, Germany
Dr. Tanweer Mahmoodullah, Dubai, UAE
Edwin E. Daniel, Vero Beach/ Florida, USA
Edwina Smith
Elizabeth Cuprak, ME, United States
Elizabeth Wright
Ellen Murphy, Bellingham WA, United States
Ellen Rohlfs, Leer, Germany
Ellen Wasfi, Dover, USA
Em. Prof. Dr. Herman De Ley, Nevele, Belgium
Florence Steichen, St. Paul, MN, USA
Frank Araiza USA
Garrett Wright, Brooklyn, NY
Gordon Murray, Vancouver, Canada
Grazia Bittner, Batavia IL, USA
Gregory Mouat, Gloucestershire, United Kingdom
Haitham Salawdeh
Hamid J. Bonyadi, Tabriz, Iran
Hatem Abudayyeh, Chicago, IL,
Hoda Mitwally, NJ, USA
Ian Marsh
J. Glenn & Barbara Evans, Seattle, United States
J.W. VanLeenhoff, Leiden, NL
Jack Dresser
Jan Grevstad, Geneva, GE, Switzerland
Janet Hudgins, BC, Canada
Jean Pauline and Tom Brown
Jenny Heinz, NY, United States
Jesse N Bachrach, CA, United States
Jessica Cresseveur
Jim Yarbrough, California
Joan Mccoy, Saginaw, USA
Joan Pinkham
John Duddy, Calgary. Alberta, Canada
John H. Frazier, Brooklyn NY, USA
John Nettleton
John Snowdon, Gateshead, United Kingdom
John Surdyk, Lyons, IL, USA
Jonathan Mitchell
Joseph A. Mustich & Ken Cornet, CT USA, Washington, CT, USA
Joseph W. Harris, Lincoln, NE, United States
judith ackerman, New York, NY\, USA
Kazue Tanaka, Chiba, Japan
Kenneth Ring, CA, United States
Kenny Stack
Kinte Grant, Decatur, GA
Kit Kittredge, Quilcene Washington, USA
L. Susan Griffiths, Beaverton, United States
Lamis Kayali-Sakr
Linda Jansen, Seattle, WA, USA
Lisa Kosowski
Louis Hirsch, Chicago,
M. K. Brussel, IL, United States
Madeleine Swords, Edinburgh, Scotland
Marco Rosaire Rossi, Chicago, IL
Marcus Christian Hansen, Alstead, USA
Marilyn Hacker, New York, NY, USA
Mark Swinton
Marsha Steinberg, CA, United States
Mary Beaulieu, Antioch, TN, uUSA
Mary Lou Finley, San Diego, CA, USA
Megan Shaughnessy-Mogill, Oakland, United States
Merrill A. Carter, Denver, United States
Meryem Ay
Michael Letwin, Former President, Assn. of Legal Aid Attorneys/UAW Local 2325; New York City Labor Against the War; Labor for Palestine, Brooklyn, NY, USA
Miguel Merlo
Mohamed Hussein, Vancouver, Canada
Mohammad Khalil
Mohammad Mashal, Chicago IL, USA
N. Dumser
Nan Withington
Nancy Gathing, Madison, United States of America
Nancy Lee Farrell
Nancy Matthews, Sedona, USA
Naomi G. Harrison, Santa Fe, New Mexico
Noemi Colombo, Italia
Norine Gutekanst
Obiora Embry, Lexington, Kentucky, United States
Oscar Revilla Alguacil
Pamela Nordhof, Hamilton, MI, USA
Patricia Panitz, Centerville, USA
Paul Cunningham, so portland maine, United States
Paul Stein, Brookings, SD, USA
Peter Liendeborg, 29434 Sölvesborg, Sweden
Peter von Christierson, Port Townsend, USA
Piotr Godlewski, Warszawa, Poland
Ra’id Khalil
Ramah Kudaimi
Ranier C. de Intinis jr., Merchantville, New Jersey, U.S.A.
Rashid Patch, Oakland, CA, U.S.A.
Robby Martin, Dublin, Ireland
Robert Nemtusak, McHenry, IL, McHenry
Robin Beck, New York, NY, USA
Rod Jones
Roger Leisner, Augusta, ME, USA
Ron Strand, Vancouver B.C., Canada
Ronald Brown, Longmont, USA
Russell Bates, Berkeley,California, USA
S. Wolf Britain, Whitefish, MT, USA
Samir Abedrabbo, Flower Mound, TX, USA
Samir Twair, Los Angeles,Ca., USA
Sandy Marks, Woodstock, VT, USA
Sarah Dar
Sarie Bryson, Thousand Oaks, USA
Sherna Berger Gluck
Sid Shniad, Canada
Sinfo Fernández, Madrid, Spain
Sol Metz, Ann Arbor, MI, USA
Stephanie Trasoff, Blaine, WA, USA
Stephen Craig Gross, San Marcos, U.S.A.
Suhail Shafi, Ozark, USA
Susan F. Williams, Minneapolis MN, US
Susy McMahan, NE, United States
Suzanne Kawamleh, Valparaiso, United States
Tia Pearson, Wahiawa, HI, usa
Tom Baxter, Tallahassee Florida, USA
Tom Hayes
Walter Birdwell
Werner Lange
Will Thomas, NH, USA



US Palestinian Community Network (USPCN) is a grassroots community network with over twenty democratically-elected chapters. The network affirms the right of Palestinians in the Shatat (exile) to participate fully in shaping our destiny. USPCN is anchored in the following points of unity:

Self-determination and equality for the Palestinian people;
The right of all Palestinian refugees to return to their original homes, lands, properties and villages (an inalienable right supported by international law and UN Resolution 194);
Ending Zionist occupation and colonization of Palestine.


USPCN is an arena and platform for Palestinian communities to come together, coordinate, refine strategies, link efforts, plan united actions, and inform one another and the community about their work for Palestine.



www.uspcn.org





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