Peace and Justice Commission North Berkeley Senior Center Regular Meeting June 5, 2000 MINUTES The meeting convened at 7:10 p.m. with Michael Sherman, Chairperson, presiding. ROLL CALL Present: Elliot Cohen, Mark McDonald, Alan Moore, Michael Sherman, Anne Wagley Steven Glatt Absent: Zachary Brown, Jossie Furlow COMMENTS FROM THE PUBLIC The following speakers addressed the Commission regarding the trial of Sara Jane Olson: · Barbara Sava · Diana Block, California Coalition for Women Prisoners · Pam Fadem, California Coalition for Women Prisoners · Rev. Dann Shields The following speakers addressed the Commission regarding the trial of Kahlil Jacobs-Fantauzzi: · Monique Koller · Joyce Keller · Soula Culver ACTION ON MINUTES M/S/C (Cohen, Wagley) to approve the minutes of the regular meeting of May 1, 2000. Ayes: Unanimous; Absent: Brown, Furlow. ACTIONS TAKEN A. M/S/C (Cohen, McDonald) that Council adopt the following Resolution: WHEREAS, Berkeley Municipal Code (BMC) section 3.68.070A mandates that the Peace and Justice Commission advise the City Council "on all matters relating to the City of Berkeley's role in issues of peace and social justice...”, BMC section 3.68.070C further authorizes this Commission to “help develop proposals for the city council and the school board for actions i MINUTES June 5, 2000 furtherance of the goals of peace and justice, and [to] help publicize such actions in the community”, and BMC section 3.68.070J states that this Commission should "provide information to other municipalities and school districts on the work of the commission"; and WHEREAS, BMC section 3.68.070H mandates that this Commission act as a liaison between community groups organizing around issues of peace and justice and city government; and WHEREAS, several community members and residents of the City of Berkeley appeared before this Commission, and a letter from Steven Soliah, a long time resident of Berkeley, was submitted to this Commission urging that the City of Berkeley take action by calling for all charges to be dropped against former Berkeley resident Kathleen Ann Soliah (who has since changed her name to Sara Jane Olson); and WHEREAS, Sara Jane Olson (aka Kathleen Ann Soliah) was arrested June16, 1999 in St. Paul, Minnesota on a 23-year-old California warrant alleging she tried to bomb police cars in retribution for the shoot-out and incineration which led to the death of six members of the Symbionese Liberation Army (SLA); and WHEREAS, no bombs went off, no one was ever injured, and Sara Jane Olson (aka Kathleen Ann Soliah) has pled not guilty; and WHEREAS, over the past 23 years Sara Jane Olson (aka Kathleen Ann Soliah) has married, raised three daughters, and become a productive, civic minded member of her community, all of which is being disrupted by the resurrection of these decades old charges; and WHEREAS, lacking legal evidence upon which to prove the 23-year-old case, the prosecution intends to try Ms. Olson for conspiracy; and WHEREAS, Judge James Ideman will permit the prosecution to include the entire SLA history, thereby implicating Sara Jane Olson (aka Kathleen Ann Soliah) in over 22 major felonies, many of which occurred before she allegedly had anything to do with the SLA; and WHEREAS, this action could sway the jury to convict Sara Jane Olsen based upon guilt by association, thereby effectively lowering the constitutional burden of proof and increasing the likelihood that she will be unfairly convicted; and WHEREAS, in addition to the danger that guilt by association will result in an unfair trial and incorrect verdict, the prosecution is planning on using Patricia Hearst, who was convicted of federal bank robbery in San Francisco, as a witness; and WHEREAS, Ms. Hearst has a powerful incentive to support the Los Angeles District Attorney’s contentions as she has been seeking a Presidential pardon for over a decade, which could be favorably affected by a prosecution recommendation; and 1 MINUTES June 5, 2000 WHEREAS, in addition to endangering the Constitutional right to a fair trial this case has already had a negative impact on the defendant's Sixth Amendment right to a public trial and First Amendment Right to Freedom of Press in that the judge has silenced the defense from speaking out about this case by imposing a sweeping gag order which prevents all people connected with the case from discussing it in any way; and WHEREAS, the unequal enforcement of this gag order is evident from the fact that Judge Ideman took no action when Los Angeles District Attorney Gil Garcetti proclaimed Sara Jane Olson’s guilt during statements made on National Public Radio, nor did the Court take action when Patty Hearst gave an extensive interview about the case to "Talk" magazine, a publication of the Hearst magazine chain, claiming Olson is guilty and that it's her turn to "pay the piper"; and WHEREAS, the defense has been forced to attempt to end this one sided pre-trial publicity by filing a motion seeking the court to find both Patty Hearst and Los Angeles District Attorney Gil Garcetti guilty of contempt for making these prejudicial statements to the media at a time when Ms. Olson is prevented by court order from publicizing her side of the story; and WHEREAS, in addition to the danger that a conspiracy charge could lead to an unfair conviction based on guilt by association charges of conspiracy for political crimes are damaging to civil liberties and can have a chilling effect on First Amendment activity because conspiracy trials are often used to convict persons for their political beliefs, rather then for the criminal activities alleged; and WHEREAS, by using conspiracy law to claim, that as a "member" of the SLA, Sara Jane Olson (aka Kathleen Ann Soliah) should be held responsible for all crimes other SLA members may have committed is the same manner in which such laws have been used to convict and executed Albert Spies, Louis Lingg, and others for the Haymarket "riot" in Chicago in 1886, and how Sacco and Vanzetti were convicted and executed in Boston in 1926; and WHEREAS, during the 1960's and 1970's the charge of "conspiracy" was often used in political trials such as that of Dr. Spock, and Rev. Sloan Coffin, the Chicago 8, (involving Black Panther Party member Bobby Seale and 7 anti-war activist), the Panther 21 (which resulted in acquittal), the Gainesville 8 (involving anti-war protest by the Vietnam Veterans Against the War), and many other cases across the country aimed at breaking the spirit and will of the anti-war and black liberation movements, through the arrest, prosecution and imprisonment of their leadership; and WHEREAS, it is important that we not allow Sara Jane Olson (aka Kathleen Ann Soliah) to take the place in the history books that the Los Angeles District Attorney has in mind for her, since, her loss would encourage the further use of conspiracy laws to punish political ideas. THEREFORE, the City of Berkeley Peace and Justice Commission recommends: 1) That the City of Berkeley hereby call upon the Los Angeles District Attorney to drop all charges, for Judge James Ideman to dismiss all charges, and thereby end this vindictive prosecution; and 2 MINUTES June 5, 2000 2) That the City of Berkeley call upon Governor Gray Davis to pardon her for all crimes allegedly resulting from or connected with Sara Jane Olson (aka Kathleen Ann Soliah) during her period of alleged activities with and on behalf of the Symbionese Liberation Army, so that this turbulent period can finally be put to rest. Ayes: Unanimous; Absent: Brown, Furlow. B. M/S/C (Cohen, Moore) that Council adopt the following Resolution: WHEREAS, the Peace and Justice Commission has an obligation to take public testimony and discuss issues of justice in the City of Berkeley; and WHEREAS, the Peace and Justice Commission is concerned that the City Council asked the Alameda County District Attorney to drop the prosecution of Kahlil Jacobs-Fantauzzi, yet the case proceeded for several months, and Kahlil Jacobs-Fantauzzi was acquitted; and WHEREAS, Sgt. Randolph Files recently testified in the matter of People v. Kahlil Jacobs-Fantauzzi; and WHEREAS, Sgt. Randolph Files’ testimony was contradicted by some of his own statements, by statements of arresting Officer Kevin Scofield, and by videotapes admitted into evidence, in summary: · Sgt. Files testified there was no protest going on at the time of the arrest; Officer Scofield said there was a protest; and · Sgt. Files said the entire time from when they started toward a tent Kahlil Jacobs-Fantauzzi allegedly interfered with their approach to the time of his arrest was about a minute; Officer Scofield said it took 5 or 6 minutes; and · Sgt. Files was certain he had never discussed the case with Officer Scofield, but Officer Scofield wasn’t as sure, and admitted the case was widely discussed within the Police Department; and · Sgt. Files testified he never told Mr. Jacobs-Fantauzzi words to the effect of "if you get in our face you'll be arrested," but on videotape Sgt. Files can audibly be heard uttering words to this effect; and · Sgt. Files admitted they pushed Mr. Jacobs-Fantauzzi to the ground; Officer Scofield said Mr. Jacobs-Fantauzzi fell; and · Sgt. Files claimed he arrested Mr. Jacobs-Fantauzzi after an interaction of about 40 seconds, where Mr. Jacobs-Fantauzzi was told to move, refused, and then was warned 3 MINUTES June 5, 2000 he'd be arrested if he didn't move, failed to comply, and that Mr. Jacobs-Fantauzzi stepped in front of Sgt. Files when Sgt. Files tried to walk around Mr.