Friday, July 20, 2007

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