(Crossposted to Daily Kos)
Between me and Odum, we’ll keep you on memory lane….plus, I’l give you the latest on a dear friend.
Rosemarie Jackowski is an advocacy journalist living in Vermont. On March 20, 2003, her 66th birthday, she was arrested for participating in a peaceful protest against the war. After her arrest, she was incarcerated, hand cuffed, booked, finger printed, photographed, arraigned, tried, convicted and sentenced. The jury arrived at a guilty verdict in less than 10 minutes. The conviction has been appealed in the State Supreme Court. The decision of the court is expected to be rendered sometime within a year. If the appeal is won, the government will retry Rosemarie. If the appeal is lost, Rosemarie will most likely go to prison.
Principles are not always convenient….
The legal struggle continues below the fold.
This diary dedicated to the memory of Robert P. Scanlon.
March 20, 2003. I’ll never forget the day.
Having just been invested with the title of Program Director at WZEC in Bennington, I was at a lunch meeting at Carmody’s on Main Street with Ken, the corporate COO and Doug, the station’s general manager. On a TV over the bar, CNN was showcasing the shock and awe.
Usually it’s me that’s the distractable one, but on this occasion, the entire meeting was a little hamstrung by the awful news of the day.
Just as we managed to get the meeting back on track, an angry klaxon from an 18-wheeler cut somebody off midsentence. We looked out the window, and traffic was backed up as far as wee could see in either direction.
Doug and I exchanged grins, knowing what this had to be.
Ken picked up on it immediately. I think I was squirming like a little dog under a “sit ‘n’ stay” command that wanted to go outside.
“Why don’t you go see what’s going on, Ed,” said Ken, and I happily obliged.
At the Four Corners, the protest was underway. Angry people lined the sidewalks, shaking their fists and shouting. The supporters were closer in, appauding and flashing peace signs.
Later protests at the Corners.
Rosemarie is in red, on the right.
In the center with the long blonde hair is Wendy Woods. Second from left is Claude De Lucia. Feel free to jump in and identify any others if you can.
There was one hyper, greasy little guy with dark hair, running up and down the sidewalk, screaming incoherently about how he wanted to go into the street and start beating up protestors. “One at a time! I’ll kick ALL their asses!”
I caught his eye. “Calm DOWN, dude. You’re being stupid.”
“Oh YEAH?”, he said, suddenly up in my face.
“How ’bout I kick YOUR ass? Huh? HUH?”
It was ludicrous. I lost the battle not to burst out laughing when Adam, the kid doing afternoons for me, came running out of the radio station, laughing himself.
“I got your back, Ed! I got your back, brothah!”
In the intersection, protestors moved in with banners, then out, goup by group, at the direction of the police, who had clearly been preparing for this day.
(Let me take a moment here to commend the Bennington Police Department. They were businesslike, restrained, and professional, and I was rather pleased with them.)
The final group remained in the street – twelve protesters, some of them costumed, who clearly planned to be arrested. The police went about their business. As the protestors stood in a line, a plainclothesman asked them one by one to leave the street. Each refused, and was handcuffed and led away in turn, as the onlookers cheered. You would have had to ask each of them precisely what it was they were cheering to be really sure.
The street was cleared, and traffic began to move again.
At trial, each of them pleaded guilty to disorderly conduct and received a fine and diversion, except one:
Rosemarie Jackowski.
Rosemarie with a future peace activist whom we all hope won’t have much cause for activism by the time he grows up…
Published on Tuesday, December 5, 2006 by the Bennington Banner (Vermont)
War Protestor Will be Retried
A grandmother whose conviction for disorderly conduct was over turned by the Vermont Supreme Courtwill be retried, according to the county prosecutor.
Rosemarie Jackowski, 69, appealed her conviction for disorderly conduct at an anti-war protest at the Four Corners to the Supreme Court in September 2005. She was convicted by a Bennington District Court jury of intending to block traffic and annoy drivers while she stood in the middle of Bennington’s busiest intersection.
Retried?
Double jeopardy, anyone?
State’s Attorney William D. Wright:
“At this juncture, we are going forward with the case. We think that the evidence was overwhelming in our view, and we think that the jury should have another opportunity to decide Ms. Jackowski’s guilt or innocence.”
Ooooo-kayyyyy….here’s the state’s argument for retrying her:
Jackowski’s intent – whether or not she meant to block traffic and cause an annoyance – was the main focus of the jury trial. The state Supreme Court overturned the trial jury’s verdict, ruling three to two in favor of Jackowski after the court found that (District Court Judge David) Suntag had made mistakes during the trial, including taking away the jury’s responsibility to decide Jackowski’s true intent. According to the majority opinion, Suntag made a mistake by telling jurors that if they found Jackowski knew that she would block traffic during her protest, then she must have intended to block traffic.
Not really sure I get that, but Rosemarie’s cool with it…if a little surprised:
“That’s fascinating. I had not heard that. I am kind of shocked and blown away by that. … I guess he is just doing the job the way he sees it,” she said.
Jackowski is the only person arrested that sought a jury trial. (She) said she does not fear another trial, and said she will be more prepared the second time around.
“I’m very willing and ready to go trial again. It will be much more easy for me this time. I will have experience at being a defendant in a criminal trial,” she said while laughing.
But there is a fly in the ointment, and now we get to the real reason I’m blogging this:
Finding a new lawyer might be difficult, said Jackowski. Her former attorney, Stephen Saltonstall, who argued her case in trial and before the Supreme Court, said he can no longer represent her because former prosecutor Daniel McManus has joined his law firm as a defense attorney. She said she would consider representing herself.
“I hope that someone will come forward to represent me. … It’s not a big concern or worry. I think the facts are so simple and straightforward that I would like to tell a jury about that day and what I did,” she said.
So if anyone reading this would care to step up to that plate, this dear, sweet granny with a heart of gold and a spine of steel could sure use the help.
Rosemarie: hugs from me, Julie and the kids.
Good night, and good luck.