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Good news for Dave

October 3rd, 2008 · post by Edd · Make a comment

The Twin City police force run into trouble
The Twin City police force run into trouble

Our friend Dave Mahoney was in court yesterday (October 2nd) for a preliminary hearing. It went well with the judge dropping the assault charge that the prosecution was wanting to hold against him. Dave wrote a brief account of the day for his support blog (helpdavemahoney.blogspot.com/) that we’ve republished here:

“Good news everyone!

So the purpose of this hearing was for the judge to assess whether my case was appropriate for taking to trial, or in other words, whether there was probable cause to believe that the charges could stick.

My lawyer argued that assault needs a victim and there was no victim in the official complaint. The judge agreed and my first charge, assault to the 2nd degree (which carried up to 7 years), was dropped! She said, “How can there be an assault without a victim?”. The prosecutor was stumped, mumbled some bullshit and it stuck! This is great news! The district attorney (the big dog)then stepped in after the decision was made, and said they would appeal the decision based on other evidence/witnesses or something and sounded confident. Its difficult to say whether this will actually happen and whether or not it will work out for them.

The point is that this is a huge victory whether or not the charges still do get taken to trial later. The judge clearly agreed that there was no victim! This is what I have been reassuring people of the whole time! One intention of putting this assault charge on me is to give them a reason to charge the RNC 8 with conspiracy. It also legitimises their harassment, harsh policing and further repression in the eyes of the media and the people who eat that shit.

Unfortunately the second charge of ‘terroristic threat’ will definitely be taken to trial, based on the dreaded ‘finger pointing’ evidence they supposedly have on me. But again, this leaves us in a good position. If there was no victim of assault, then how was there a victim to threaten?

Remember, (apparently) one of the goals of these (supposed) anarchists was to blockade delegate buses, so these charges are grossly over the top!

My next court date is November 6th and trial is due to start in December sometime.

On my way back from court today I drove past an Army Careers Centre in Minneapolis which had its windows smashed out with circle A’s sprayed all over with the message of FUCK W(A)R!!

In solidarity, Dave xXx

Thank you all so much for your support!
Until next time…”

In related news the Help Dave campaign has also set up a paypal account where money can be donated towards Dave’s legal costs. Full details are up at helpdavemahoney.blogspot.com.

Earlier information on Dave’s situation is here: www.archive.lasthours.org.uk/news/uk-activist-faces-12-year-sentence-after-rnc-protests/

You can donate money for Dave’s legal fees below.


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