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Subscribe to RSSSeven Occupy Houston protesters arrested during port demonstrations cannot be charged with possessing or using a "criminal instrument" – a felony in Texas – for their use of PVC pipe, a judge said Wednesday.
The Houston Police Department made the charge upon breaking up a demonstration at the Port of Houston, conducting in tandem with West Coast port occupations. The demonstrators used PVC “arm tubes” to lock their linked arms together, which prevented police from arresting them, according to a report in the Houston Chronicle. Houston police then called in the Houston Fire Department rescue team, the report said.
The HPD has used the "criminal instrument" against protesters on previous occasions, according to Attorney Randall Kallinen, who is representing one of the seven arrested on the charge. The charge usually does not hold up in court in these cases, but because it is a felony charge it has a chilling effect on would-be activists, he said.
“Everybody gets charged with criminal instrument. Everyone goes to jail, where they have a higher bail, and some of them can’t raise it. So there is a probability that they will remain in jail longer” than those arrested on the misdemeanor charges that are typical for peaceful protest.
“In civil disobedience, most people will volunteer to do a misdemeanor, but few will volunteer for a felony,” which is subject to six months to 2 years in state jail facility, he added. “It makes a big difference between misdemeanor and felony.”
In this case, the judge said that prosecutors did not make a convincing case that they had probable cause to make the felony arrest.
The seven activists were being processed to leave jail Wednesday. Thirteen other people arrested Monday also faced that misdemeanor charge.
Kallinen was providing legal services as a member of the National Lawyers Guild, a nonprofit organization that aids in First Amendment cases.
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"criminal instrument" Are these charges crafted before the crime or after. Disgusting attitude from people that are supposed to be metering out justice instead of just punishment.
I agree. Arresting someone with a charge you know is not valid and will not hold up in court for the express purpose of being able to keep them incarcerated because you know they can't procure the higher bail for a felony charge, should be grounds for an unlawful arrest.
"Disgusting" is a milder word I'd use, but the one I'm thinking would not be printed by Newsvine or would get me suspended.
AGREED! Isn't it "great" that we are encouraging such actions abroad with demonstrations AND we're acting just like those vile despots here @ home? Odd how America is all for liberty off its soil and way from its shores and all for tyranny on its shores.
Our forefathers would hang their heads in shame, and then lead the revolt against the jack booted thug oppressors who have usurped our liberty.
I'm not addressing the demonstrations, Derek, just the bogus felony charges.
Blocking road access and impeding the port cargo are other matters entirely. But if they want to protest what seems to be phony arrest charges, I'll join them.
Why don't you mention the true motivations of OWS lately, namely the fascist NDAA bill that has passed and the fact that when this bill becomes law, Americans will be locked up indefinitely without charges or trials? The mainstream media seems to be conveniently ignoring this hot issue. Are you on a gag order or something?