Demonstrators poured their own blood at Ithaca recruiting office before Iraq war: plead not guilty
BINGHAMTON -- Four antiwar demonstrators pleaded innocent Friday during an arraignment in federal court, maintaining their stance that they were upholding international law during a 2003 protest in which they poured out their own blood at a U.S. Military recruiting office in suburban Ithaca.
"What we do, I don't consider it as protesting," defendant Clare Grady said after the arraignment. "I consider it as upholding the best of human law that we've come up with so far, and upholding God's law."
Grady, 46, along with Teresa Grady, 39, Daniel Burns, 44, and Peter De Mott, 58, are facing multiple charges in connection with the March 17, 2003 incident. They maintain that the U.S. war in Iraq is illegal, and that their nonviolent protest was justified.
Following a Friday appearance before Judge David E. Peebles, they were processed by federal marshals and released on their own recognizance pending trial. Each could face up to six years in prison and fines as high as $250,000 on the primary charge: conspiracy to impede an officer of the United States.
Burns, De Mott and the Gradys were among a group of about 20 who gathered in front of the U.S. Army and Marine Corps recruiting station at the Cayuga Mallin Lansing two years ago, shortly before the United States began combat operations in Iraq.
The quartet, who entered the office, were arrested, but never convicted. A mistrial was declared last April after a Tompkins County jury failed to reach a unanimous decision regarding third-degree criminal mischief charges in the case. Tompkins County District Attorney George Dentes dismissed all charges pending against the four in Tompkins County Court, but asked the U.S.Attorney's office to get involved in the case.
The defendants are facing three other, lesser, federal charges. Injury and damage to government property, a misdemeanor, carries up to a year in prison and a potential $100,000 fine. Entering into a military station for unlawful purposes, a misdemeanor, could bring up to six months in jail and a $5,000 fine. They also are charged with entering into a military station after being removed, for allegedly returning to the office after their arrest.
Assistant U.S. Attorney Miroslav Lovric asked the judge to impose three conditions as part of releasing the four: that they be processed by the marshals, that they be advised against engaging in any criminal activity while awaiting trial, and that they be ordered to remain within the jurisdiction of the U.S. District Court for the Northern District of New York.
As a rationale for the last condition, Lovric noted that the defendants have previously been involved in protests in other states, and said he was concerned such activities could lead them into situations of illegal behavior.
Peebles agreed to the processing and said he would warn against criminal behavior as a matter of course. He rejected the travel ban. Once the case reaches trial, the four will represent themselves, but likely with guidance from lawyers, as they did in Tompkins County. Peebles agreed, but also said they may apply for court-appointed lawyers at a later stage if they desire.
April 8 is set for the filing of motions at the federal court, and a tentative trial date is scheduled for May 7 under Judge Thomas J. McAvoy.
Outside the court, the four said they take the threat of prison time very seriously, but added that it's a step they'll face if that's the consequence for standing firm in their beliefs.
Burns said he would miss his infant son and the baby his wife will soon bear. He said the servicemen and women serving in Iraq also must leave their families behind, and he would deem his own sacrifice worthy. The son of former Binghamton mayor John Burns, who died last year, he said he also takes comfort in some of his father's last encouraging words.
"He told me that he was proud of me," Burns said, "and that meant a lot."
BY ROGER DUPUIS II
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