APPEAL UPDATE

Briefs from my attorney and a second party brief were served ahead of time. The prosecution brief was due on Dec 31st, but they petitioned the court for an extension to further prepare their case.
I am happy to share that the amicus brief was supported by a number of generous individuals through BIKEAMICI.ORG, and with substantial support by the International Bicycle Fund, League of American Bicyclists, and the Minneapolis Bicycle Messenger Association. Thank you to all- this cause is for the civil rights of us all.
(for newcomers, you can scroll down to 'older posts' for the full story)

40 year-old construction worker dies after Taser is deployed at Vancouver Airport

Search 'taser vancouver' for news on yet another recent unnecessary death resulting from the use of this weapon. New York Times story is here:
http://www.nytimes.com/2007/11/16/world/americas/16canada.html?ex=1352869200&en=867c05329446b6b9&ei=5088&partner=rssnyt&emc=rss

BIKEAMICI.ORG

I would like to help people know of a great new organization BIKEAMICI.ORG, begun as a result of this case but completely separate from me, and with the intention of carrying on well beyond it. Their first project is to help fund the writing of an independent brief for the appellate court supporting cycling civil rights, on behalf of cyclists coast to coast and beyond. They will also possibly contribute toward the costs of the district court transcript (estimated at $1400-$1600) due to be complete this month. I fully appreciate their efforts, and hope a lot of individuals and bike organizations in particular can come on board in support, whatever the contribution amount. The breadth of support is the really important thing. Please have a look, and thanks!

http://www.bikeamici.org

POLICE HARASSMENT documented by Missouri driver Brett Darrow

This case is similar for the aggressive manner of the officer, the sense of entitlement to harass, the domineering and arbitrary power, lack of probable cause, and the intent and willingness to concoct completely false charges. Fortunately for the driver, a previous abuse of his civil rights led him to install a continuously running video camera in his car. You can read the dialog and view the video here:

http://www.thenewspaper.com/news/19/1961.asp

MORE GOOD NEWS!!

Thanks to concerned individuals, a public benefit to raise general awareness is now in the works for September. Also, a new organization is in the process of being created by others, to support the work of this cause and to serve as the basis for future good works. More to come on that.

And MORE good news- James Oberstar, chair of the House of Representatives transportation committee and Member of Congress from MN 8th district has written to say that he has watched this case "with great interest", that language has now been added to the FAA reauthorization "which will make bike lanes and bike facilities eligible for funding out of the Airport Improvement Program (AIP)" and that the MSP airport, previously uninterested in applying for a grant out of 25 million in available funds for *mode shift* (i.e., getting people out of their cars and on bicycles or walking), has now changed their policy:

"Today that has changed and I have received assurances that the airport will apply for a grant and will pursue strategies to make the MSP bike accessible and bike friendly.

"I regret that you had to undergo this experience to see such good results. I trust that we can work together to make Minneapolis and Minnesota a better place to commute and travel by bicycle.

"If you would like to receive periodic e-mail updates on issues before Congress, please visit my Web site, www.house.gov/oberstar, and go to "subscribe."

With best wishes.
Sincerely,

James L. Oberstar, M.C."

A very positive outcome and true cause for celebration!
Cheers, Stephan

SENTENCING and NOTICE OF APPEAL

Sentencing on the single count occurred on July 31. Terms and conditions are as follows:
- 30 days in the workhouse and a fine of $300 plus $75 court expenses, credit given for two days; 27 days are stayed for one year on the condition that no same or similar offense of disorderly conduct occurs, and 8 hours of community service is performed within 365 days.

The Notice of Appeal of the final count was submitted to the MN Court of Appeals on August 7 2007. The full court transcript has been ordered and should be available by mid September. The ACLU has expressed interest in the case, and is considering the writing of an amicus brief in support of our civil rights. Things are moving forward!

CRIMINAL COURT VICTORY!!!

The jury spent the entire day in further deliberation, reaching a consensus late afternoon. Verdicts were read, with smiles of celebration from (nearly) everybody there! Here's the rundown:

COUNT I. Gross Misdemeanor-Obstruction Legal Process by intentionally obstructing, resisting, or interfering with a peace officer while the officer was engaged in the performance of official duties, and the act was accompanied by force or violence or the threat thereof:
NOT GUILTY

COUNT II. Obstruction of Legal Process or Arrest by intentionally obstructing, hindering or preventing the lawful execution of any legal process, or by intentionally obstructing, resisting, or interfering with a peace officer while the officer was engaged in the performance of official duties:
NOT GUILTY

COUNT III. Failure to Comply with a Lawful Order by willfully failing or refusing to comply with any lawful order or direction of any peace officer invested by law with authority to direct, control, or regulate traffic:
GUILTY

COUNT IV. Riding a Bicycle Opposite Adjacent Vehicle Traffic by failing to travel in the same direction as adjacent vehicular traffic while traveling on the shoulder of a roadway:
NOT GUILTY

COUNT V. Failure to Obey Official Traffic Control Signal specifically failing to abide by the posted signage prohibiting pedestrians on the roadway:
CHARGE DROPPED AT LAST MOMENT BY PROSECUTION

COUNT VI. Failure to Travel in Correct Direction on One-Way Roadway
NOT GUILTY

This is a fantastic legal victory that firmly establishes the lack of credibility of the police testimony. It is actually an ideal situation in that the case can proceed now to the appellate level where there is a much stronger likelihood of the result serving as a useful precedent, and check and balance, for police misconduct. Given that all the alleged extreme behaviors attributed to me are now swept away, the argument on the single third count can cleanly address the important question in appeal whether an order was in fact lawful at all. This will get to the heart of the Constitutional question. Further, the use of force practiced here by MSP Airport Police is now firmly established as absolutely excessive and unwarranted.

A hearty 'thank you' to all family, friends and colleagues scattered far and wide around the world for your continued good wishes. This first and significant hurdle has now been overcome.

Peace and good cheer to all,

Stephan Orsak