Trial of the "GZ3" -- sentencing

Kitsap County District Court in Port Orchard was packed. (View enlarged picturer here )

Today, February 22, was the date we had been waiting for since our conviction in January. Unlike the time before the trial, there really wasn't very much for us defendants to do. I spent a lot of time thinking about the reasons why I had stepped out into the road to block traffic entering Naval Base Kitsap-Bangor on May 15 and August 7. As I considered those reasons, I weighed them against possible punishments, trying to discern what was right for me to do, in terms of how I dealt with whatever sentence came down.

As you will read below, from the Ground Zero press release that was sent out today, the courtroom was packed to capacity with supporters. It did my heart good to know that I was far from standing alone. Not only was I with my co- defendants, Shirley Morrison and CarolAnn Barrows, and our attorney Michael Stowell, but also with all those who were there to bear witness to the proceedings, not to mention the people all over the world who are following this case and supporting our actions.

In the interest of getting to bed a little earlier after a very stressful day, Ill excerpt a large portion of the Ground Zero press release here which describes the hearing and the sentence:

On Thursday morning, February 22, in Kitsap County District Court in Port Orchard, 60 friends and family members of the three peace activists filled the courtroom. Judge Riehl explained his belief that International Law is relevant in this case and in other legal cases in Kitsap County courts. Judge Riehl noted, however, that in this case the jury felt that International Law did not necessarily direct citizens to violate a local law.

Judge James Riehl sentenced each of the three peace activists to a total fine of $2,000, with $1,500 suspended, for a total amount of $500 to be paid by each peace activist. The three demonstrators were also each given a 180 day sentence, 178 days were suspended, and two years unsupervised probation. The demonstrators had already served two days in jail in August 2006.

Deputy Prosecutor Kevin Hull also requested that the three demonstrators pay restitution to the Kitsap County Sheriffs Office. Kitsap County Sheriffs Office had submitted a bill for $722.88, to be paid between the three demonstrators.

The Sheriffs bill was presumed to cover costs to arrest only the three demonstrators, and not others arrested with them on the same dates. Judge Riehl stated an additional court date would be required to determine: 1. whether the court had the authority to charge demonstrators for their own arrest; 2. if the court has authority, should it impose costs to the demonstrators; and 3. what the appropriate amount should be.

The three peace activists are: Shirley Morrison of Seattle, CarolAnn Barrows of Bainbridge Island, and Brian Watson of Bremerton.

The three peace activists were each charged with two counts of Disorderly Conduct, facing up to 180 days in jail and $2,000 in fines, for blocking the main highway entrance to the nuclear submarine base in consecutive direct actions on May 15, 2006 (in honor of Mothers Day) and on August 7, 2006 (in remembrance of Hiroshima and Nagasaki.)

On January 27, after a four-day trial, a six-member jury in Kitsap County District Court returned a guilty verdict on both counts of Disorderly Conduct after about three hours of deliberation.

At sentencing, CarolAnn Barrows thanked the court for the opportunity to present her case. Shirley Morrison read a quote by Dr. Martin Luther King, Jr. to Judge Riehl which stated, “Our lives begin to end the day we become silent about things that matter.” Brian Watson asked the court “to consider the cause of justice and the right of everyone to have a life and to have peace.” Brian Watson stated, “I have acted on my conscience and will continue to do so.”

So, that pretty well sums it up. The one addition is that we were all able to convert our $500 fine into 64 hours of community service (at the minimum wage of $7.81 per hour), to be completed by August 22, 2007. Im looking into the possibility of counting the work I do on behalf of Ground Zero toward my community service. I think Ill be able to do that. And if not Ground Zero, then my church, the Kitsap Unitarian Universalist Fellowship. Theyd love that! Since Ive pretty much devoted my life to “community service” anyway, itll be nice to actually get “credit” for work I do as a volunteer anyway!

Although I wont have to serve any jail time right now, the suspended sentence will be hanging over my head for the duration of my probation period — till Feb. 22, 2009. Same for the suspended portion of the $2000 fine ($1500). What that means is that if I have any more criminal law convictions during my probation period, I would be “re-sentenced,” for this conviction, with the full sentence as a possibility, in addition to whatever sentence comes from the future conviction, not to mention the fact that any future conviction would have to follow a trial, which is obviously a daunting experience in itself, even if it results in an acquittal.

During the times we live in, with a certifiably insane man for a President, his finger on the button; when it seems we are heading for yet another war, this time with Iran; when the Pentagon has escalated its policies to use nuclear weapons in just about any circumstance; and when the Trident nuclear weapons system is ready to launch over 2,000 nuclear warheads at a moments notice, indeed, it is a lot to think about.

What Im getting at is that my conscience may compel me to, once again, place my whole self — heart, body, and mind — in the road to Bangor, before my probation period is complete. If I choose to do so, it will not be lightly, nor will it be my decision alone. It will be a family decision, because my wife, Liz, is as much a part of this as I am, even more so sometimes. And my beautiful daughter, Katherine, is also part of this. Her life has become one of my primary motivations for taking direct action. Her life is also what may keep me “out of trouble,” so to speak.

I want to encourage you to come to the next Ground Zero vigil and action at Bangor: Sunday May 13 and Monday May 14, in honor of Mothers Day. Ill be there, along with hundreds of other people, acting in love and joy, for all mothers and all children. You do not have to worry about getting arrested if you dont want to. You are welcome to come and just bear witness to the violence of Trident at the gates of Bangor. If, however, your conscience is telling you to risk arrest, you would find a good community in which to exercise your conscience and demonstrate your hope. The events on May 13 are preparatory, with the actual direct action on May 14. More information will come out as the date approaches.

“Cowardice asks the question, ‘Is it safe? Expediency asks the question, ‘Is it politic? Vanity asks the question, ‘Is is popular? But, conscience asks the question, ‘Is it right? and there comes a time when one must take a position that is neither safe, nor politic, nor popular, but one must take it because ones conscience tells one that it is right.”