(10:30PM EST – promoted by Nightprowlkitty)
That law enforcement in St. Paul set out specifically to intimidate any potential protester is not news. The charge, however, should be…
Minnesota law: 609.71 Riot
609.71 RIOT.Subdivision 1. Riot first degree. When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property and a death results, and one of the persons is armed with a dangerous weapon, that person is guilty of riot first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both.
Subd. 2. Riot second degree. When three or more persons assembled disturb the public
peace by an intentional act or threat of unlawful force or violence to person or property, each participant who is armed with a dangerous weapon or knows that any other participant is armed with a dangerous weapon is guilty of riot second degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.Subd. 3. Riot third degree. When three or more persons assembled disturb the public peace by an intentional act or threat of unlawful force or violence to person or property, each participant therein is guilty of riot third degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both.
Now, the charge was “conspiracy to riot”. If you note above, subdivision 1 and 2 of the riot statute are classed as felonies. But, look at the elements of those crimes:
Subdivision 1 of the statute requires that a death result of the riot and one of the persons must be armed with a dangerous weapon.
Subdivision 2 of the statute requires that a person must be armed with a dangerous weapon.
In order to charge “conspiracy to riot“, the prosecutor must prove that those arrested were planning to riot with dangerous weapons.
From Glenn Greenwald:
Nestor indicated that only 2 or 3 of the 50 individuals who were handcuffed this morning at the 2 houses were actually arrested and charged with a crime, and the crime they were charged with is “conspiracy to commit riot.” Nestor, who has practiced law in Minnesota for many years, said that he had never before heard of that statute being used for anything, and that its parameters are so self-evidently vague, designed to allow pre-emeptive arrests of those who are peacefully protesting, that it is almost certainly unconstitutional, though because it had never been invoked (until now), its constitutionality had not been tested.
The term “conspiracy to commit” is only applicable for felony crimes, and, you must prove that 2 or more individuals “conspired” to commit the crime cited, in this case, to riot using dangerous weapons.
We are definitely heading towards the police state. This article states:
Fletcher has already issued a press release calling the arrestees “criminal anarchists” (see press release below), though no formal charges against the six detainees have been issued. Nestor says Fletcher’s office is using the language as intimidation and a smear campaign against those exercising their right to protest.
Note the language: CRIMINAL ANARCHISTS
Fletcher is actually Bob Fletcher, Ramsey County Sheriff. So, that is what the Sheriff believes people who protest are; criminal anarchists. His website is here.
Sheriff contact numbers:
651-266-7300 (Patrol)
651-266-9333 (LEC)
Ramsey County contact info:
email: [email protected]
tel #: 651-266-8500
Here is who needs to be contacted:
Ramsey County Manager: David J. Twa
Email: [email protected]
Phone: 651-266-8000
Fax: 651-266-8039
6 comments
Skip to comment form
Author
that your best bet is to either contact Sheriff Fletcher himself, the media, or the defendant’s lawyers.
Fletcher does not report to the Ramsey County Manager – he is an elected official. And besides, David Twa has resigned his position as County Manager and they have not yet hired his replacement.
on these BS charges makes me ill.
How the public reacts to these abuses of power will set the stage for whether they increase of decrease.
We must do all we can to stand up to this now before it is too late!
thanks for the info.
Always.
Boston Common. Everyone sitting in the sun listening to the speakers. A sudden pig explosion from Beacon Street just wading into the crowd, clubbing anyone within reach. The second wave beating and cuffing those too slow or dazed to be fleeing.
The Symphony neighborhood. Masses of state, city and surrounding town police forming up on the Fenway and marching in a phalanx down the middle of the street. An elderly woman hobbling across the street in front of the advancing truncheon-wielding centurions. She wasn’t quite quick enough. They clubbed her senseless. A blind, classical string student whose crime was living in a street front apartment – door smashed in and his viola reduced to splinters and his bones broken.
It is ALWAYS the cops who riot. Eventually, their victims learn to throw stones. Then the bullets go from rubber to lead. Forty years later and it’s all re-runs on the news.