March 5 arrestee bond hearings live tweets: John Fowler for the state is laying out a set of claims on behalf of the state. He is tying the forest defenders to groups existing all the way back to 2019.
Fowler says that Forest Defenders are a well-funded group with millions of dollars hiding behind 501c3 non-profit organizations. He says that the Autonomous Zone at the Wendy's where Rayshard Brooks was murdered is part of the same organization.
He's tying the use of laser pointers from the forest to protests in 2020. He says protestors are using tracfones, telegram, protonmail and riseup.net to communicate, saying this makes it a sophisticated network.
Folwer says that the Music Festival was not a music festival because activists handed out flyers saying that the music festival is an act of protest. He says some individuals were there for the music, but most were there for direct action.
Fowler says this "organization" is responsible for "100 incidents nationwide"
He is finished with his opening remarks, the judge has no questions for him and we've moved on to individual bond cases.
He is finished with his opening remarks, the judge has no questions for him and we've moved on to individual bond cases.
Prosecutor Lance Cross speaking about an individual defendant claims that anyone at the music festival is a "party to the crime" of the direct action that took place around 1.5km away at the construction site.
Cross claims that after the direct action, individuals leaving the direct-action return to the other side of the woods, crossing the creek, changing out of black bloc. He states that there is police helicopter video of this defendant changing out of black bloc.
"There's been a large amount of cooperation from arrestees, and promises of cooperation from arrestees" Cross says
91 Buddhist priests wrote a letter on behalf of the defendant whose case is currently being heard by the judge.
The judge is asking prosecutor Cross if the state has any direct evidence that this defendant did anything illegal, not just evidence of the defendant changing clothes.
The first defendant receives a $25,000 bond with a no-contact order, a stay-away from Georgia order, and a no contact with anyone with the Defend the Atlanta Forest movement. The judge specifies co-defendant means anyone arrested in association with DTF.
When asked by the judge if this defendant was a leader in the movement, prosecutor Cross claims that the leader of the movement doesn't go into the forest.
Prosecutor Peter Johnson on the next defendant states early that prosecutors do not have direct evidence of this defendant doing any criminal activity.
Drago Cepar, defense attorney who frequently represents protestors in 1st amendment cases, points out that the warrants are copy-pasted. He says the fact that protestors wrote the jail support number on their body is used by the state as evidence of criminal activity.
Prosecutor Johnson says having the jail support number on your body is important because it shows intent, and Solidarity Fund is "being investigated as part of the whole thing"
Judge denies bond for the second defendant on today's docket.
Judge denies a bond for the third defendant on today's docket.
Prosecutor Cross says the State has evidence of the fourth defendant actually at the construction site engaged in "criminal" activities.
Adam Miller, defense attorney for the fourth defendant, says the video APD released shows the opposite: his client standing in the back, not participating in destruction, and leaving when fireworks started going off.
Judge denies bond for the fourth defendant.
Prosecutor Johnson is claiming one of the only contacts by the fifth defendant is with the solidarity fund, indicating the defendant is part of the larger conspiracy.
Note: this defendant is from a foreign country, severely limiting who they can contact form jail
Note: this defendant is from a foreign country, severely limiting who they can contact form jail
This exchange for the fifth defendant is taking longer due to the defendant and those attending the hearing on their behalf requiring an interpreter.
Jenn Hyman, defense attorney for the fifth defendant, says it's not true that all who received consent bonds agreed to cooperate. Noting that she is also the attorney for another defendant who received a consent bond and has not agreed to cooperate.
Prosecutor Johnson addressing the contact with solidarity fund, saying the state is arguing is that when the defendant was at intake, they filled out emergency contact and put down the solidarity fund, which they allege shows criminal intent
Johnson continues, claiming that this defendant is more involved in the movement than others.
Attorney Hyman points out that the jail support number is often passed out anytime there is a protest, it was likely this defendant received the number from casual contact. She continues, the state can't prove how he got that contact number.
Hyman says the circumstances of his arrest mean he likely received it after arrests began, as protestors prepared for mass arrests
Judge denies bond for the fifth defendant, who is a foreign national, claiming they are a flight risk.
The judge called for a ten-minute break. We'll pick back up when court resumes.
We're back and moving on to the fifth defendant.
Correction, this is the sixth defendant. Defense attorney for this defendant is saying they are willing to give up their passports to the DeKalb County DA and wear an ankle monitor as a condition of release.
Defense Attorney Brickman points out that prosecutors said the copy-pasted claims this defendant and others had a metal shield were a typographical error.
The judge asked prosecutor Johnson if the state has any videos or evidence linking the sixth defendant to any wrongdoing other than circumstantial.
Next the judge asked why prosecution claims the defendant is an anarchist, Johnson says info provided by Customs & Border Control
Next the judge asked why prosecution claims the defendant is an anarchist, Johnson says info provided by Customs & Border Control
Judge denies bond, saying, this defendant was closer to getting bond than others, but is being denied bond as a "threat to the community."
On to the seventh defendant, Prosecutor Cross says the defendant has past arrests in another state and that the police in the prior cases claim they are a threat to police and the community.
Defense attorney Erin King says prosecution agrees this defendant is not a flight risk. She continues to address the officer who claimed the defendant is a flight risk, pointing out his numerous civil rights violations.
The officer in Charlotte is also in violation of North Carolina's expungement laws, which prohibit using expunged records in later court cases.
The seventh defendant has letters of support from Tibetan monks, a former mayor, numerous academics, and Charlotte's mayor pro tem is on the call to appear on their behalf.
This defendant is a 2-year law school student. They spent time helping indigent defendants receive bond and driving those defendants to court to ensure the defendants were not in violation of their bond.
Defense is asking for a $25,000 bond. They are willing to surrender their passport and will accept an ankle monitor and/or curfew.
Prosecutor Cross is responding to the claims that locals were let go, saying the people released were interviewed, did not have jail support number on their arm, and "knew little" about the movement.
Cross continues on claiming that protestors change out of black bloc and return to the crowd hoping to get arrested so they can make a "spectacle" of their arrest.
Judge, after longest consideration yet, asks if prosecution has anything to dispute that this defendant was arrested near the food truck, they do not.
Judge grants bond. 25k, surrender passport, wear an ankle monitor, no contact with co-defendants, cannot join future protests
Judge grants bond. 25k, surrender passport, wear an ankle monitor, no contact with co-defendants, cannot join future protests
On the eighth defendant, prosecutor Cross claims this defendant is caught on aerial surveillance of them entering the woods and changing clothes, but not any evidence of them on the construction site itself. Again, Cross mentions the jail support line.
Attorney Cepar points out that the only sworn evidence entered in this case is the affidavit with the typo claiming individuals carried metal shields, saying that sworn testimony shouldn't have "typos"
A former state legislator from Louisiana submitted a letter of support on behalf of this defendant.
Judge denies bond saying defendant is a risk to the community.
On to the ninth defendant, who the prosecution claims has an ICE hold. There were previous indications that ICE visited several arrestees held in DeKalb county as a means of intimidation.
Judge just said that "we're in the South, and people have always come here to help people peacefully protest."
Defense Attorney Bennett informed the court that there is video of this defendant being tased in the back while pinned on the ground by police.
Judge denies bond claiming defendant is a risk to the greater community. The judge continues, claiming that everyone is presumed innocent and that the state has the burden to prove beyond reasonable doubt at some point, but not now.
Judge is taking another ten-minute break. We'll see if this one is actually a full ten minutes this time.
Six minutes later we’re on to the tenth defendant.
This defendant is a Canadian national, prosecutor Fowler is recommending bond be denied because the defendant can "walk across the border."
Defense attorney Sabrina Hassanali says the defendant is dynamic individual who works to improve the quality of their community, who spent time building a community center in Quebec.
Prosecutor Fowler says wearing black clothes to the protest is akin to wearing a UGA football uniform indicates a player was part of the team who took to the field during the game. He says we may not know the carried the football, but we do know they were on the field.
Judge denies bond for the tenth defendant as a flight risk and risk to the community.
That concludes this bond hearing and our live coverage. Thank you for tuning in.
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We are supported through the generosity of our readers. If you're able to and interested in donating to us, please visit our fundraising website: opencollective.com/ACPC
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