GZ3 Trial Journal

by Brian Watson

Three Ground Zero activists--Shirley Morrison of Seattle, Carol Ann Barrows of Bainbridge Island and Brian Watson of Bremerton--will be on trial on Monday January 22, 2007 in the District Court at the Kitsap County Courthouse at 614 Division Street in Port Orchard. The three are charged with two counts of Disorderly Conduct for being arrested in consecutive direct actions in May 2006 at the Mother’s Day action and in August 2006 at the Hiroshima/Nagasaki action. The three face a possible 180 days in jail and $2,000 in fines.

Day One    Day Two    Day Three    Day Four    Day Five (verdict)    Epilogue

Trial of the “GZ3” — Day One

Our trial began today, Jan. 22, in Kitsap County District Court. The three of us being brought to trial have been dubbed the “GZ3,” because we’re activists with Ground Zero (GZ) and, well, there’s three of us: myself, Shirley Morrison, and Carol Ann Barrows.

For me, it was déjà vu, all over again. I was a defendant in 1999 in the very same courtroom, with the very same judge (James Riehl), on the very same charges (disorderly conduct). I had the same briefcase I’d used in the 1999 trial as well. In fact, I hadn’t opened it up since I was found “not guilty” in 1999, and found inside all my notes and documents from that trial almost 8 years ago, which actually came in very handy today.

Today’s proceedings went very well, although my head is spinning from all the complex “legalisticalistic argumentational-rhetoricalisticism” that was swirling around the courtroom today. It is clear to me, anyway, that my mind is not cut out for the practice of law. Don’t get me wrong, some of the hairs being split today were vitally important to our case. Just don’t ask me to do the hair- splitting. That’s why we have a great attorney, Michael Stowell. And we are very thankful to have him.

Today was what’s called a “motions hearing,” which is a pre-trial hearing that decides questions of evidence, allowable legal arguments, and, most significant for us today, whether expert witness testimony will be allowed. We had with us two expert witnesses who made “offers of proof” before the court: David Hall, MD and John Burroughs, JD, PhD. Essentially, they presented their testimony to the court so that the judge could determine whether their testimony could be heard by a jury.

David Hall is a child and family psychiatrist who has worked for over 20 years at the highest levels of Physicians for Social Responsibility (www.psr.org). He testified about the nuclear weapons deployed by the Trident submarine system and the medical effects of nuclear war on human beings. The prosecuting attorney, Kevin Hull, argued that his testimony was not relevant and would only serve to “inflame” the jury. We argued that his testimony was critical to corroborating our reasons for blocking the road to the Bangor submarine base.

John Burroughs is executive director of the Lawyers Committee on Nuclear Policy in New York ( www.lcnp.org ), and is an expert on international law as it applies to nuclear weapons and nuclear weapons policies. He testified at length about international humanitarian law, the law of armed conflict, the Nuclear Nonproliferation Treaty, the International Court of Justice opinion of 1996, and the Nuremberg Principles. He thoroughly testified about how the Trident nuclear weapons system is itself a threat that violates international law. He also testified that he believed that we defendants had “lawful authority” to block the road to the Bangor base, where Trident is based.

I was called to the stand as well, which was unexpected, but welcome. The judge said he wanted to hear a defendant’s testimony as an “offer of proof” as well, in order to decide how the defendant’s testimony related to the expert witness testimony. I did my best, but found myself struggling to maintain my confidence amidst this somewhat intimidating atmosphere. The prosecuting attorney really grilled me, so I got a taste of what’s in store when I’m on the stand in front of a jury. Still, I was able to stick to my core message and I even got in a zinger at the end in response to one of his questions.

After all this testimony, both the prosecuting and defense attorneys made arguments about why the expert witness testimony should or should not be allowed. This was where my head really started spinning. I found a sign of hope in the fact that we had even gotten this far, though. In other trials of this kind, judges summarily disallow expert witness testimony without even considering it.

This judge said he would rule on the matter of expert witnesses tomorrow, which was another good sign. I think it shows that he’s taking both sides’ arguments seriously and wants to sleep on it before making a judgment.

So, tomorrow, Jan. 23, the actual trial really begins, with jury selection, opening statements, and perhaps, hopefully, expert witness testimony. We will gather tomorrow at 9:30am in Kitsap County District Court Room 201 and find out what Judge Riehl has decided, and to proceed accordingly.

Many thanks to all the people who came to hear the proceedings and show their support today. You filled the courtroom pews up! Your presence is very important to all of us. So thank you. And thanks to all of you who are lifting us up in prayer, holding us in your hearts, and keeping us in your thoughts. I cannot begin to tell you how much it means to know that we carry your spirit of hope with us in our hearts as we bear witness to Trident in court.

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Trial of the “GZ3” — Day Two

by Brian E. Watson

SPECIAL NOTE: One of our expert witnesses, John Burroughs, will be the guest on the Seattle NPR station KUOW 94.9 FM. He’ll be on the show Weekday with host Steve Scher from 9-10am on Weds. Jan. 24. You can listen live on-line at http://www.kuow.org/programs/weekday.asp.  Or, of course, just tune your radio to 94.9 FM. TUNE IN, LOG ON, and CALL UP: (206) 543-KUOW or toll-free from anywhere in the world (800) 289-KUOW.

The second day of the trial of the “GZ3” — Shirley Morrison of Seattle, Carol Ann Barrows of Bainbridge Island, and me, Brian Watson, of Bremerton — began at 9:30am with District Court Judge James Riehl delivering his rulings on the previous day’s motions. The most anxiously-awaited ruling was on the question of whether the expert witness testimony of international law professor John Burroughs and psychiatrist David Hall would be allowed.

Before we could find out, though, Judge Riehl ruled that the defense could make no reference to the jury instructions from or the outcome of the 1999 trial of Ground Zero activists, which resulted in an acquittal. Those jury instructions were a key reason for the “not guilty” verdict in 1999. While these jury instructions were one of many reasons why we believed we had “lawful authority” to block traffic entering Naval Base Kitsap — Bangor, they were not the sole basis for our belief in the lawfulness of our actions. So, it wasn’t a really big deal to not be able to quote them or refer to the 1999 acquittal.

Then, at last, came the ruling we’d all been waiting for: would expert witness testimony be allowed to be presented to a jury?

The answer came back: “Yes.”

Both David Hall, a child and family psychiatrist involved with Physicians for Social Responsibility (www.psr.org), and John Burroughs, executive director of the Lawyers Committee on Nuclear Policy ( www.lcnp.org ) and renowned expert on international law as it relates to nuclear weapons, would be allowed to testify before a jury.

We fully believed that they should be allowed to testify, but, given past court rulings on this matter in Kitsap County and in other places, we knew that it was unlikely that the court would allow a jury to hear from experts in the fields of nuclear weapons and international law. My jaw didn’t hit the defense table, but I think I allowed myself a discreet grin. Later on, we gave our attorney, Michael Stowell, some high-fives!

After this good news, our spirits were up for the next phase of the trial process: voir dire, or jury selection. 39 people filed into the courtroom and got to feel the exquisite pleasure of sitting in what are perhaps the most uncomfortable pews my posterior has ever had the misfortune of resting upon.

Judge Riehl welcomed them to the court and explained the process. A few jurors were quickly removed for medical reasons, and then Deputy Prosecutor Kevin Hull got to start questioning them. As he asked them questions, we carefully scrutinized the demeanor and body language of the jurors in an attempt to find out who should be dropped like a stone off the Delta Pier and who should be impaneled on the jury. I paid close attention to anyone who scowled or seemed hostile when the topic of “protesting at Bangor” came up. I was also looking for people who seemed to be engaged and intelligent.

We ended up using all of our 12 preemptory challenges because there were so many people in the jury pool who either currently or had worked at Bangor, many of them directly with the Trident system. We felt that, despite their assurances to us that they could keep an open mind and evaluate the case fairly, such people would have a substantial “mental block” because of their employment and allegiance. So, we skipped over them and, in the end, got what we think is a fair jury that will be able to hear and understand our testimony and arguments. There are three men and three women on the jury.

After they were seated in the jury box, which has much more comfortable seating, prosecuting attorney Kevin Hull made his opening statement, followed by the defense opening statement. It was fair to say that all the jurors had never encountered themselves in a situation like this before, as they heard that they would be hearing not just about people blocking traffic, but also about the effects of nuclear war and arguments about lawful authority to block traffic going to Bangor. All but one of the jurors was really paying attention, while the other one seemed to be drifting away to another place. But who knows? Half the time I’m sure I look like I’m adrift in another place.

The prosecution then called its first witness, Deputy Scott Wilson, who was questioned about the incidents in question till the end of the day.

The trial of the “GZ3” resumes tomorrow, Weds. Jan. 24, at 10am in District Court Room 201 at the Kitsap County Courthouse at 614 Division St. in Port Orchard. If you can come, you won’t be sorry. Wednesday’s testimony will continue with Deputy Wilson, they proceed onto two other Sheriff’s deputies. In the afternoon, starting at 1:30pm, our two expert witnesses will give their testimony.

The support flowing in from all over the country lifts our spirits. The presence of so many of our loved ones in the courtroom lets us know that we are far from alone. The presence of all our common hopes will lift the ceiling off that old courtroom. The love that is flowing like a river will only keep increasing, until, one day, the last nuclear weapon on earth is taken apart and destroyed, forever.

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Trial of the “GZ3” — Day Three

by Brian E. Watson

Day three of the trial of the “GZ3,” Shirley Morrison, Carol Ann Barrows, and Brian Watson, began with the prosecution calling Deputy Steve Wilson to the stand. Among other things, he testified that he had taken an oath to uphold the constitution of the State of Washington and the United States. On cross-examination, the defense attorney, Michael Stowell, asked him if he had studied the US Constitution. He said he had, in high school civics class.

Stowell continued, “Are you familiar with that part of the Constitution called the ‘Supremacy Clause?’”

“No,” replied Wilson.

With skillful thespian timing, Stowell paused for a dramatic beat, then said, “No further questions, Your Honor.”

I'm sure the jury had little idea of the significance of this testimony at the time. Later, when defense expert witness Dr. John Burroughs took the stand, it became clear.

Questioning Burroughs about why we, in District Court in Port Orchard, should care about international law, Burroughs methodically and clearly explained that international law is part of US law because of Article 6, Section 2 of the US Constitution. This article says, essentially, that treaties entered into by the US are the “supreme law of the land.” It is known as the Supremacy Clause. When Burroughs said this, all the jurors took pen to paper and all wrote down “Supremacy Clause” in unison.

Burroughs' expert witness testimony continued through most of the afternoon. He explained to the jury how international law is binding upon the behavior of the US, and how the nuclear weapons deployed on the Trident system are, in his opinion, illegal. He further explained how individual citizens have legal rights and moral duties under international law to take reasonable, nonviolent action to try to prevent the commission of war crimes, crimes against the peace, and crimes against humanity, and to reduce their complicity in such crimes.

The prosecuting attorney, Kevin Hull, grilled Burroughs with an abundance of hypothetical “what if's” that eventually led our attorney to object, which Judge Riehl sustained. It was clear that Burroughs' testimony was a serious blow to the prosecutor's requirement to prove beyond a reasonable doubt, that we had acted without lawful authority, and he was grasping at anything to discredit Burroughs and his testimony. In fact, his cross-examination may have done so, throwing reasonable doubt onto the claim that we had lawful authority.

But we as defendants are under no obligation whatsoever to prove that we had lawful authority. It is the prosecution's job to prove that we acted without — completely lacking, none, nada, zero, zippo, zilcho — lawful authority, beyond a reasonable doubt.

Both Burroughs and our other expert witness, Dr. David Hall, provided plenty of testimony to show that Trident is a violation of international law and that citizens have the right and duty to take actions like the three of us took on May 15 and August 7, 2006.

Tomorrow, the jury will get a chance to hear from all three of us defendants. I will testify first, starting about 10:30am, and will probably finish my testimony after we reconvene after lunch at 1:30pm. Shirley Morrison and Carol Ann Barrows will then testify as well, telling the jury the reasons why they sought to close, symbolically and nonviolently, the Bangor base.

The testimony from the three of us will most likely be the most riveting part of the trial. It will certainly be sincere and from the heart, and will speak to our universal impulse to protect life. As always, supporters are welcome in the courtroom. We ask all courtroom observers, first, to turn off your cell phones before you enter the courtroom, and second, to not make any audible reaction to anything you hear, tempting as it might be. We ask this as defendants facing serious charges who want the jury to have their full attention on testimony and who want to not annoy the judge.

Speaking of supporters….I want to just pay homage to all the ways in which people have supported us through this trial. We three defendants are the visible ones, but there are probably hundreds of people who are supporting us in various ways who are not visible. I want to say that this kind of support makes our visible, public witness possible and multiplies the message that all nuclear weapons need to be abolished.

In particular, I want to express my deep thanks to my wife, Elizabeth, who is just as much a part of this whole thing as I am. I also want to thank the friends who have provided care for my daughter, picking her up from pre-school and feeding her syrup-saturated giant pancakes, taking her to the park, and just showing her love.

It's for the children that we act. It's for the children that we must act. They are the ones who will inherit our legacy. They are the ones who look to us with expectant eyes. It is up to us to shape that legacy. It is up to us to ensure that they have a future.

PS. My trial journal and other writings about this experience are available on the Ground Zero website : http://www.gzcenter.org/articles/GZ3_trial_journal.htm

PPS: Listen to John Burroughs' Jan. 24, 2007 interview on KUOW (with a special 5-minute appearance by your's truly): http://www.kuow.org/programs/weekday.asp

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Trial of the “GZ3” — Day Four

By Brian E. Watson

Day four of the trial of the “GZ3,” Shirley Morrison, CarolAnn Barrows, and Brian Watson, began with the prosecution calling Lt. Sprague to the stand. Lt. Sprague testified about what he saw and did on the dates in question, when he helped arrest the three of us and others. The prosecution then rested its case.

Then our attorney, Michael Stowell, called me to the stand. I won't even try to tell you everything I said. It would be impossible. Suffice it to say that I am exhausted after being on the stand for about 3-4 hours, with a significant amount of that time being cross-examined by Deputy Prosecutor Kevin Hull.

I only hope that I was able to communicate my testimony about the horrific nature of the Trident nuclear weapons system to the jury. I hope, as well, that my testimony about my understanding of my rights and duties under international law was credible and understandable. Above all, I hope that my words got them thinking.

Stowell then called Shirley Morrison to the stand. Morrison, for those of you who haven't had the pleasure of meeting her, is an 84-year-old great-grandmother who has an irresistible spirit. She wasn't on the stand very long, but during her time there, she utterly charmed the pants off the jury. They were smiling. They were laughing. They were as captivated as we all are with her ebullience. She won their hearts.

Stowell then called CarolAnn Barrows to the stand, who began her testimony by telling the jury about herself and about growing up in the Puget Sound area. She described how she, from a very early age, found profound resonance with the waters and lands of this beautiful area, and how she remembers a time before these waters were overshadowed by the threat of Trident.

The end of the day came quickly and cut off Barrows' testimony, till tomorrow, when she'll take the stand again and continue her testimony. After her testimony on Friday, there will be arguments and a decision about jury instructions, closing arguments, and then, at last, the jury will begin deliberating the verdict. All of this will happen before noon. We have no idea how long the jury will deliberate, but my guess is they will render a verdict sometime on Friday afternoon.

Our defense attorney, Michael Stowell, has done an exemplary job during the whole process, both before and during the trial. Personally, it has been a joy to work with him and get to know him better. He cares deeply about the issues at stake in this trial and has poured countless hours into researching case law, preparing questions for testimony, developing jury instructions, and counseling us on the complexities of this case, not to mention all the things that I don't even know he's done on our behalf! I only hope that this experience hasn't exhausted him too much, because we'd be honored to have him on a Ground Zero defense team again. Thank you so much, Michael.

As soon as the trial is concluded, I'll order the audio recordings of the trial and get them to a transcriptionist so that the recordings can be turned into a document. This is a really important part of the trial process. We will then make it available as a monograph.

This is where you come in, because transcription services are not cheap. If you want to help and show your support, here's how you can do it: please make a donation to Ground Zero and memo your check “Legal Defense Fund.” Your donations have helped us immensely so far, by paying for expert witness John Burroughs to come from New York, by helping us compensate our attorney Michael Stowell — although it must be said that he is generously donating a vast amount of time to this case that we could never fully compensate — and by paying for transcription of the 1999 trial recordings, which sat in my closet for nearly 8 years before getting them transcribed (these are raw, uncorrected transcripts right now, which we hope to refine and turn into a monograph).

So, please, if at all possible, mail a check to

Ground Zero
16159 Clear Creek Road NW
Poulsbo, WA 98370

and memo it “Legal Defense Fund.”

Tomorrow, the jury will take up its deliberations. They have been an attentive and engaged group of citizens. I honor their commitment to serve. They will go back into the jury room and come back with a verdict: “guilty” or “not guilty.”

No matter what the verdict is, I'm proud that I did what I did on May 15 and August 7, 2006. I'm proud of my co-defendants, Shirley and CarolAnn. I'm proud of our attorney, Michael Stowell. And I'm proud of all the supporters who have endured hours of sitting in dreadfully uncomfortable pews to show their support and witness the proceedings. I tip my hat to our judge, James Riehl, who has been very thoughtful and fair throughout. I even admire the tenacity and intelligence of the prosecuting attorney, Kevin Hull. Who knows? Someday he might come to serve as our defense attorney. He'd be a good one.

As we go into court tomorrow, I'll remember the words of the Rev. Margaret Keip, a former minister at my Unitarian Universalist church: “Show up. Speak your truth. Let go of the result.” No matter what the verdict is, I feel a deep assurance that miracles are unfolding in ways we cannot see and may never know about.

P.S. If you'd like to read the Jan. 25 Kitsap Sun article about the trial...
http://www.kitsapsun.com/bsun/local/article/0,2403,BSUN_19088_5304100,00.html

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Brian will write his journal entry in the next day or so. He is exhausted and needs some time to rest. — Liz

Trial of the “GZ 3” — Verdict

by Elizabeth Roberts

Day five of the trial of the “GZ 3,” Shirley Morrison, CarolAnn Barrows, and Brian Watson ended with a verdict from the 6-person jury in Kitsap County District Court at 4:15pm. We were signaled of the verdict by the ringing of attorney Michael Stowell's phone. The defendants and their supporters hurried back into the courthouse and up to the courtroom.

After a few words from Judge James Riehl, the jury came in and was seated. The Judge then reviewed the verdict forms and began reading the jury's verdicts. In the matter of the State of Washington vs. CarolAnn Barrows for both the May 15th and August 7th actions, the verdict was guilty. In the matter of the State of Washington vs. Shirley Morrison for both the May 15th and August 7th actions, the verdict was guilty. And, in the matter of the State of Washington vs. Brian Watson for both the May 15th and August 7th actions, the verdict was again guilty. Whew!

• • •

I wasn't able to attend any of the trial this week. My information came each evening when talking with Brian or some of the many supporters who filled the courtroom. What I was able to attend was the reading of the verdicts. Brian phoned me mid-day today to tell me that the case had gone to the jury at about 1:10pm. I taught my last few classes and then headed to Port Orchard to wait with Brian and the rest of the assembled group.

My feelings about the verdict were formed this morning in the time before the rising of the sun or the rising of our daughter. I told Brian that there wasn't any outcome that would be a loss. As a peace activist, I knew that if the verdict came back not guilty, there would still be work to do—lots of work; work to continue to bring attention to the horrors of nuclear weapons and the Trident weapons system. I also knew that if the verdict came back guilty—as it did, there would still be work to do—lots of work; work to continue to bring attention to the horrors of nuclear weapons and the Trident weapons system. It felt peaceful this morning to share these thoughts with Brian and it felt peaceful when I heard the Judge read the verdicts.

Am I disappointed? Certainly! But I know that the great work of nonviolence and the long history of the Ground Zero Center for Nonviolent Action continues today and will continue tomorrow.

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An epilogue to this journal can be found here. — ed.

And there is a follow-up after sentencing. Find it here. — ed.