Ft. McCoy Protesters Released in Madison

Bonnie Urfer, Brian Terrell, Alice Gerard and Joy First were greeted by the Monday noon Vigil for Peace in Madison, as they were released after a night in the Dane County jail - for their anti-war activism. To read more on this story of Ft. McCoy anti-war protests.....

Wisconsin Peacemakers Janet Parker, (Madison – 2^nd from left), Bonnie Urfer, (Luck – center),  Joy First (Monona 2^nd from right) , and Tom Haebig (not in the photo) crossed the line at Ft. McCoy today – to call for an end to wars, occupation, and militarism. Others crossing the line were Vicki Andrews of Grand Rapids, MN (left to right) , Alice Gerard of NY, Brian Terrell of Iowan, Gerald Paoli of Chicago, and Dylan Parkes, also from Iowa. Watch for the upcoming press release for more details.  This group photo of those who were arrested this afternoon was taken at Tunnel City, 8 miles away from the Ft. McCoy site – and these activists were joined by 50 others who participated in the Walk for Peace this weekend, walking 22 miles in 3 days. Tom Heabig of West Bend joined the Walkers at the gates, before he crossed into Ft. McCoy. The Peace Walk was supported by numerous WNPJ groups, including Concerned Citizens of Newport, near the Dells – Juneau County Peace Committee, Rapids Citizens for Peace, Hill Connections, LaCrosse Interfaith Justice and Peace, Mary House, Veterans for Peace, Iraq Veterans Against the War, Nukewatch, Madison Pledge of Resistance, WAVE, and Voices for Creative Nonviolence. Thanks to all of you who participated and sent you good wishes. To see the video of the walk - go to YouTube - wnpjvideos!

We gathered to start the walk on the Aug. 6th, on the eve of the Hiroshima observance - as a witness against the use of nuclear weapons and depleted uranium - the occupation of Iraq - the use of the National Guard in foreign wars of aggression - the occupation of Afghanistan and the escalation of troops in Afghanistan - the air war being waged in Pakistan.  To get more information - contact Jeff Leys at Voices for Creative Nonviolence - http://vcnv.org/walkforpeace. Other WNPJ groups involved with the Walk include Madison Pledge of Resistance, Nukewatch, Juneau County Peace Committee, Rapids Citizens for Peace.

Some history of the WALK: In the summer of 2008, twelve activists were arrested at Ft. McCoy for their part in civil resistance in a  Witness Against War - as part of a walk across Wisconsin  and were given $75 fines from Judge Crocker. For more information contact Joy First at jsfirst@tds.net. To see the supporters at the pre-trail vigil - go to http://www.youtube.com/watch?v=-zBz_5w3w_E

Trial for August 10, 2008 Civil Resistance Action at Fort McCoy

January 12, 2009             Joy First

On August 10, 2008 I participated in an action of nonviolent civil resistance at Fort McCoy.  This was in conjunction with the Witness Against War Walk, an event organized by Voices for Creative Nonviolence, walking 450 miles from Chicago to St. Paul for the start of the Republican Presidential Convention.

Fort McCoy is a military base where many of our young men and women are trained to be deployed to Iraq.  The basis for our action was to bring a letter to the soldiers supporting them and advising them that they have the right to refuse deployment to a war that is immoral and illegal.  About 50 people participated in the 3 hour walk from Tunnel City to Fort McCoy on August 10.  Once at the main gate, 13 individuals chose to peacefully try to gain access to the base to deliver our message.  We were arrested, processed, and released in about an hour or so.

On January 12, 2009 twelve of us were on trial at the U.S. District Court in Madison, WI under Judge Stephen Crocker with a large number of supporters in the audience.  Those on trial were Brian Terrell, Jeff Leys, Alice Gerard, Kryss Chupp, John Bachman, Gene Stoltzfus, Lauren Cannon, Ceylon Mooney, Eileen Hanson, Renee Espeland, Joshua Brollier, and myself.  Kathy Kelly was also arrested, but she was in Egypt attempting to provide humanitarian aide to the people of Gaza under siege by the Israeli army.  She had notified the judge by letter and her case will be reviewed when she returns home.

Originally we were charged under a Federal Statue for trespassing.  For some reason, they were not able to charge us under that statue and the final charge was trespassing under a Monroe County Statue.  Judge Crocker said this was no longer a criminal charge, but he was treating it that way so that we would have more rights and the burden of proof would be higher.

The U.S. District Attorney called four witnesses.  The first witness was the Deputy Chief of Police at Fort McCoy, who described what happened that day.  Then three officers who did the processing on the day of the arrests took the stand.  As in many cases of mass arrest for civil resistance, they identified us by our pictures taken at the time we were arrested.  The whole process of identification was bogus.  They went through looking at a copy of each citation attached to a picture of the person arrested.  Judge Crocker asked the person who was issued the citation if they had any objections on this being entered into evidence.  So when we said no objections, we were identifying ourselves.  Nevertheless, the officers never pointed to us in the courtroom and said that is Joy First who was arrested at Fort McCoy, but only looked at the picture and identified the picture as Joy First.

After the prosecution rested, Jeff Leys made a motion for judgment of acquittal based on the fact that we were not properly identified.  Judge Crocker denied the motion.

Judge Crocker explained that each defendant would have five minutes to speak.  He said we could not use the necessity defense or international law, but rather than argue over what we were saying, he would just give us each our five minutes to say whatever we wanted to say and then he would make his ruling.

The statements made by the defendants were elegant and moving, but we also knew by the judge’s words that it was just an exercise in futility that would not really have any impact on the eventual ruling by Judge Crocker.

Brian Terrell said that he looked up the vision of Fort McCoy on the web and it said that they are the premier training center for America’s defense system.  We brought our own vision, an alternative vision, to the base disrupting their mission of providing cannon fodder in Iraq.  It was our legal and moral responsibility to go there.

Gene noted that the soldiers being trained there will be facing an incredible legal and moral dilemma.  He said that he did not feel guilty and will accept the consequences.

Ceylon explained that he had been to Iraq twice and seen the effects of war.  He works with soldiers who have come home and sees the long-term effects of war on them.  What we did was not illegal.

Jeff introduced the letters we wrote and pictures of the action into evidence.  He said he hoped that we would be in front of the judge again as we build the movement of nonviolent civil resistance.

Eileen declined to speak.

Alice said that she went there to speak to the soldiers.  The pressure on the military is necessary and we did nothing wrong.  It is the government that is violating the law.

I talked about all we have done to try to stop the war, and that we must and will continue this work.  I noted that it is my First Amendment right and my obligation under Nuremberg to do this.  Bush and company are the real criminals.

Renee asked the judge if anything she said would really make a difference.  She spoke directly to the officers who had testified earlier beseeching them to see what they were doing in a different light.  She noted that grave injustices are being done to the soldiers at Fort McCoy.

Kryss noted that laws are important, but when laws are used to protect institutions of injustice, she will follow God’s law.  She sang “Finlandia”.

Josh said that government exists by the people and for the people, for the common good, but it is sometimes used to hurt people.  Not advising soldiers of what is really going on is illegal.  He believes our actions were consistent with the spirit of the law. 

John said he felt it was time to vote with his feet.  The war was unpopular and undemocratic.  When he was trying another case in northern Wisconsin, both the judge and prosecutor told him they were supportive of what he did.

Judge Crocker said that our right of free speech ends when we trespass. And he added, “Let’s face it.  You all trespassed.”  He said he had to find us guilty though he noted that it is wonderful that citizens will do what we did.

The maximum penalty for this charge was 90 days in jail and a $500 fine.  The prosecutor recommended a $100 fine.  Judge Crocker sentenced us to a $75 fine.  In sentencing statements, a number of defendants said that their conscience would not allow them to pay the fine.  Judge Crocker said he would check and see if the fine could go to a victim’s compensation fund rather than the general treasury which was more acceptable to some of the defendants.

For a newspaper report of the trial, see

http://www.commondreams.org/headline/2009/01/13

 Three anti-war activists arrested at the main gate of Ft. McCoy December 29, 2008, were convicted of trespassing in federal district court June 3. U.S. Magistrate Judge Stephen Crocker listened to the three explain their reasons for walking onto base property — to warn troops against the killing of civilians in Iraq and Afghanistan — but ruled that motive is not relevant to a trespass charge. He sentenced each of the three to a $85 fine and gave them 30 days to pay. Gail Vaughn, 57, of La Crosse, Cassandra Dixon, 50, of Wisc. Dells, and Bonnie Urfer 57, of Luck, entered Ft. McCoy’s mail gate in an attempt to warn National Guard troops of their legal obligation not to harm civilians in Iraq and Afghanistan.