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The
trial of the "D-5 Nine" (see note at end of article) finally began on Monday,
June 7, 1999 in Port Orchard. Jury selection was first on the agenda.
There were thirty-five prospective jurors in the courtroom by late morning.
Deputy Prosecutor Claire Bradley, Judge James Riehl, Defense Attorney Ken
Kagan, and pro se defendant, Bernie Meyer questioned the prospective jurors
before and after lunch. Prospective jurors were asked about their possible
knowledge of the case, their experience with previous jury service, and
their understanding of civil disobedience. They were asked why we
have laws and if all people whom break laws should be prosecuted.
By 2:30 p.m., eleven jurors had been excused for cause and one juror was
excused for a medical condition.
Twenty-three jurors remained.
After the deputy prosecutor and the defendants and their lawyer exercised
most of the preemptory challenges allowed, a six-member jury was selected.
The jury consisted of five women and one man.
Deputy Prosecutor Claire Bradley and
pro se defendant Bernie Meyer made their opening statements on Monday afternoon.
"The fact of the matter is they sat in the road and detained no less than
eight cars for approximately eight minutes," Ms. Bradley argued in her
brief opening statement.
On Tuesday morning, the parties reviewed,
with Judge James Riehl, their proposed exhibits and witnesses. As
expected, Ms. Bradley objected to most of the defendant's exhibits. In
the end, the judge allowed photographs of the action, an edited video of
the action, four large posters of excerpts of |
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the
Hague Convention, the Nuremberg Principles, and the 1996 International
Court of Justice opinion regarding the illegality of nuclear weapons, and
the statement written by defendants that was passed out on August 9, 1998.
Additionally, defendants were allowed to refer to notes and papers they
prepared.
"My clients did sit in the road and
blocked vehicular traffic for however short a time...this trial will be
a unique opportunity for them to tell you about themselves and a particular
opportunity for you to listen to them," said Mr. Kagan in his opening statement.
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"As a US citizen, it is my
right to stop my country from doing something illegal. As a mother
I act to protect my children. As a minister I am entitled and required
to protect God's children and creation." Rev. Anne Hall
----------------------------------------------------
"Some are motivated to act by theology,
politics, personal beliefs, international law and treaties. They
believe that it is not only their right, but their duty to act in
this manner," Mr. Mr. Kagan continued.
The first and only witnesses for the
State were Sergeant Earle Smith and Deputy John Brossell. Under cross-examination,
Mr. Kagan asked Sgt. Smith if the Sheriff's Dept. stopped the protesters
from carrying out their action. Sgt. Smith affirmed that the deputies stood
by and allowed the action to proceed as planned.
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Deputy
John Brossell characterized the protesters as, "...hospitable, friendly,
a pleasant group to contact...they exhibited docile behavior."
During cross-examination, Mr. Kagan
asked Brossell to display and describe the patch worn on the shoulders
of Kitsap County Sheriff's Deputies. Brossell turned in the witness
chair and showed the patch while he described it, "It says 'sheriff' at
the top. There's a yellow star below that." "And what," Mr.Kagan
asked, "is below the star?" Brossell replied, "That's a Trident submarine
with a trident fork through it."
At this point, Ms. Bradley objected.
The judge overruled the objection, but asked Mr. Kagan what his purpose
was. Mr. Kagan, smiling, replied, "I just find the patch aesthetically
interesting."
Interesting indeed, it shows just how
closely aligned the county is with the Navy. The Sheriff's Department
has a silhouette of a Trident submarine on the department patch!
After lunch, Rev. Anne Hall and Brian
Watson testified. In a very moving, quiet way, Anne Hall
touched those in the courtroom. "My children were eight and eleven then
[1982]. If it [nuclear war] happened during the day, the children would
be at school or in day care and they'd die before I got to see them. I
couldn't do anything at first but when I sat on the tracks leading to Bangor,
at least for five minutes, I slowed the arms race.
"As a US citizen, it's my right to
act to stop my country from doing something illegal. As a mother
[I act] to protect my children. As a minister, I'm entitled and required
to protect God's children
(Continued
on page 3)
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