PGHIMC - Pittsburgh Independent Media Center

Report from Georgia at the end of the SOA trials
by Tom Blancato Wednesday, Feb. 12, 2003 at 12:12 PM
tblan@telerama.com 412-606-4734 1924 Fifth Avenue Pittsburgh, PA 15219

Reporting on the trials for defendants at the November SOA/WHISC protest and an URGENT APPEAL to have one sentence changed to probation for Eva (Lee) Mickey.

It's Wednesday and the last two defendands are in court now, pursuing full trials (with evidence, not stipulating to whatever the prosecutors say they did). The spirits of the SOA protesters and arrestees have been high and strong throughout these three, very streamlined days of trails. And we have not been without sadness to see friends either having to self-report to prison or even going in directly (at their own choice). The courthouse, in which Martin Luther King, Jr. once stood trial, has been a site of contest and challenge, in which so many people of conscience have treasured a moment to speak to judge G. Mallon Faircloth about what motivated them to risk prison and fines in their protest. In case after case, impassioned and deeply committed people pointed to the undeniable fact that the School of the Americas, now cloned as the Western Hemisphere Institute for Security Cooperation, plays an undeniable role in the atrocities committed by so many of its graduates. People spoke from their hearts, invariably with measured and quiet strength, some more strident, some more moderate, but none simply contrite or purely apologetic.

I pled guilty and took a moderate stand, which I was sad to do. I wanted to push strongly for alternative sentencing and fast to back that demand up, as a critique of the lack of alternatives being developed, both for the "justice" system and for the fostering of human rights. However, due to family necessities I had to try for probation, which I got. Some took exceptional risk, especially among the guilty pleas, which after the first group, showed the greatest promise of probation. For example, one defendant, Michael Ugarte, who we know preferred to receive probation, nevertheless gave a frank and courageous account to the judge of his review of the school and found that it did not constitute a substantial change from what the previous institution had been. He read a poem depicting torture and offered to do the time that was so unfairly given to Eva (Lee) Mickey. Ugarte received probation and fine.

The judge, who once called himself a pawn in this process, interacted with defendants, not simply about their act of transgression, but about the principles and issues involved in the problem of the school at Fort Benning. Defendants found that judge Faircloth failed to do the very homework he was quick to demand of others. He himself had not investigated one of the most crucial questions he deployed time and again in the proceedings: is WHISC in fact a new and improved version of the school, one that can foster human rights, democracy and self-determination in Latin America, or is it still a combat training academy? While none of the defendants believe that WHISC is truly capable of fostering human rights, Faircloth and proponents of the school, including the prosecutors, think otherwise, without any substantial grounds for their belief aside from a name change for the school.

The judge, for his part, seemed to respond a bit more favorably to those who showed a recognition that the base should have a right not to be trespassed upon. Many, however, who pled not-guilty, could not grant this in conscience, as they felt they were called by a higher power or law to cross onto the base and were truly not trespassing. Many spoke with great honesty when they indicated that they may cross onto the base in the future, even when they could likely have spared themselves months in prison were they to show more contrition and promise not to repeat their offense.

The breadth of experience of the defendants was astounding. People from all walks of life, many who had visited Latin American countries many times, people of a wide range of spiritual and educational backgrounds, doing an amazing range of works devoted to helping the needy and improving society all committing what, paradoxically, may be regarded as among the most civilized and thoughtful acts they could, act which put them on trial and in prison.

At the beginning of the trial, all were outraged when the first defendant, who plead guilty, was given prison time. Eva (Lee) Mickey is 67. Her 80 year old sister is terminally ill with spreading cancer. While she was as contrite as any, and promised to not to commit her offense in the future, she was not given probation as were the others who pled guilty. Lawyer Bill Quigley risked contempt as he petitioned and repetitioned the judge to reconsider her sentencing, while some defendants offered to do her time for her. This was not in the judge's power, he said. A campaign is being launched to petition the judge to change her sentence so that she can be of support to her sister in her time of need. The address for the judge will be included at the end of this report.

Sentences ranged from probation and fines to 6 months in prison. The fines and specific prison times varied somewhat. People felt this issued from a capriciousness that did not show genuine consistency and objectivity. SOA Watch supporters and defendants generally believe that the level of sentences, several months in prison, is disproportionate to the kind of action undertaken (a harmless and fully nonviolent walk onto the military base).

Defendants and supporters also visited the Muskogee County Jail, where two POC's were recently housed. Although they had left, we knew that the men there would appreciate a visit. On a second night, when showing support for defendant Jason Lydon, who went directly to jail after sentencing, a much larger group showed support with shouts, waves and songs. Prisoners pounded on windows and waved as guards watched and studied the prisoners with binoculars. While we were assured that they would not get in trouble for simply responding to our protests, we remain concerned.

A German documentary team was on hand for this show of support and the trial proceedings as part of a documentary they are making. Movement founder Fr. Roy Bourgeois was on hand as well, going in for the last trials and lending great spiritual support. Daily circles outside the courthouse were magical spaces of honesty, power, sadness and unstoppable hope.

The struggle continues, and a few more years of collective prison time and thousands more dollars in fines are added to the ongoing protest. It is no simple battle. The Western Hemisphere Institute for Security Cooperation stands in a better position than ever to issue lip service to the demand for real fostering of human rights, democracy, self-determination and nonviolence. We step into the twenty-first century in confrontation with slick beasts which threaten to be the most formidable opponents: compromised institutions with extremely capable PR departments, a public friendliness and increasingly deft ways of hiding skulls and bones behind, of all things, the very humanity and justice we know a place like WHISC does not promote. Just as judge Faircloth and defendants made reference to the words on the wall in the court room, "There is one law for all: the law of humity and justice", the very meaning of justice and humanity remain in radical question and on trial in the ongoing case in and outside of courtrooms known as the School of the Americas.

There can be no question: thousands in Latin America and around the world are depending on our continued actions. Upcoming lobbying, film showings and letter writing campaigns are crucial and there is much talk among activists here in Georgia about exploring new ways of carrying out the struggle.

PROMPT ACTION NEEDED: WRITE A LETTER TO JUDGE FAIRCLOTH ASKING HIM TO GIVE EVA MICKEY PROBATION

For anyone wanting to write to judge Faircloth on behalf of Eva Mikey (case # 814), who was sentenced to three months even though others pleading the same way were given probation, here are the details and necessities: Eva is 67 years old. This was her first arrest. She promised to honor her ban and bar letter, and pled guilty. She wanted to care for her 80 year old sister with cancer. Unlike others in her kind of situation and with her plea and contrition, she was given 3 months in prison. We want the judge to exercise mercy/compassion. His address: Judge G. Mallon Faircloth PO Box 117, Columbus, GA 31902 There may be a limit as to when he could change her sentence. We need to get a lot of letters to him.

Peace Tom Blancato

www.soaw.org

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