Yesterday, Ramsey County Deputy Jay Maher testified that he found no evidence of a conspiracy to commit riot or cause criminal damage to property despite his extensive surveillance of the RNC 8 and other alleged members of the RNC Welcoming Committee.
Maher's investigation took him to five states, from Maryland to California, where he photographed people coming and going from meetings that were open to the public. In testimony yesterday, Maher revealed that his investigation focused on activities protected by the right to freedom of association guaranteed by the First Amendment. Maher also testified that he asked law enforcement officers in several departments to assist his investigation by orchestrating traffic stops of the subjects of his surveillance to identify them and gather intelligence on them.
“Maher's sweeping investigation did everything to repress the expression of dissent and freedom of association, and nothing to protect and serve the community,” said Melissa Hill of the RNC 8 Defense Committee. “The tremendous waste of state resources to fund his excursions across the country to photograph people engaging in Constitutionally protected activities is both mind boggling and characteristic of the Ramsey County Sheriff's Department's conduct prior to and during the Republican National Convention.”
Prosecutor Derek Fitch focused much of his cross-examination of Maher on the satirical video “We're Getting Ready” that the Welcoming Committee released in 2007. Maher testified that he did not see satire in the video and thought it could be evidence of criminal behavior even though he could not point to any criminal acts within it. Rather than having evidence of criminal conduct, Maher only offered his opinions of the video and other political statements published on the Welcoming Committee's website to substantiate his claims that the RNC 8 are guilty of the conspiracy charges they are facing.
“The complete lack of substance in Maher's testimony underscores the political motivations behind these charges,” Hill continued. “And Fitch's continued attempts to characterize a satirical piece of free speech as proof positive of criminal intent shows how few straws there are for the state to grasp at.”
The RNC 8 will return to court this morning at 9am to continue the probable cause hearing, which could determine whether their cases go on to trial in October or not. Paid informant Chris Dugger is expected to take the stand at 9am. The court also expects to discuss the serving of the subpoena for FBI informant Andrew Darst, who was expected to testify this week, and the date for the make-up hearing in June. Motions to suppress evidence are also expected to be heard today. Yesterday, Judge Teresa R. Warner denied the motion to return the bail posted for the defendants.
Copies of the motions and detailed notes from the hearings are located at http://www.rnc8.org/info.
Deputy Jay Maher Testifies to Lack of Evidence to Substantiate RNC 8 Conspiracy Charges Informant Chris Dugger to Testify Today Despite State’s Case Weakening as Police Officers Testify |