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Steve Kelly, Louis VitaleHearing for Louis re terms of pretrial release
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Website About the Witness and Trial
Priests to Change Plea
Judge grants motion in limine: and Nuclear Resister Press Release
Evidence about torture, war, international law not allowed during trial
Marc Ash Interviews Father Louis Vitale
Ft. Huachuca's Link to Torture of Detainees Detailed in Federal Court;
Judge Considering Pre trial Motions, will Set Trial Date Later (from Nuclear Resister)
June 19, 2007 Bill Quigley, Attorney for Louie Vitale and Steve Kelly, has filed these motions:
Index of Pleadings Filed:
Waiver of Conflict Signed by Defendants
Notice of Appearance for S. Kelly
Opposition to Request for Res Gestae
Response to Motion for Judicial Notice
Motion to Dismiss Prosecution
Memo in Support (Attempt to File)
Protesting Priests Escape Jail Before Torture Trial-Bill Quigley
March 28, 2007
PRE-TRIAL DETENTION THREAT FOR TWO PRIESTS IN FT. HUACHUCA TORTURE PROTEST
Louie Vitale and Steve Kelly released by judge until trial June 4,
despite attempts by prosecution for pre-trial detention
Stating that they had not broken the law, the men declined to sign citations.
Protesting Priests Escape Jail Before Torture Trial-Bill Quigley
Who is Steve Kelly?
Motion for a jury trial
Government's motion to exclude all defenses!
JUDGE DENIES GOVERNMENT MOTION;
WON'T JAIL PRIESTS BEFORE JUNE TRIAL
FOR FORT HUACHUCA TORTURE PROTEST
Tucson SOA Watch
NEWS RELEASE FOR IMMEDIATE RELEASE
April 3, 2007
For more information, contact Jack or Felice Cohen-Joppa, 520-323-8697
U.S. District Court Magistrate Hector Estrada Tuesday refused to grant a military prosecutor's repeated plea to jail two Roman Catholic priests, each with a long record of nonviolent protest and subsequent imprisonment, pending their trial for trespass last fall at Fort Huachuca, in Sierra Vista, Arizona. Estrada set trials to begin in Tucson on June 4 for Jesuit Fr. Steve Kelly and June 6 for Franciscan Fr. Louie Vitale. It is expected that the cases will be consolidated, and the men will be tried together that week.
About thirty supporters attended the morning hearing, where Army Capt. and military prosecutor Mikel J. Weir asked Magistrate Estrada to consider Kelly's and Vitale's long history of protest and arrest, including serious crimes, and their reported public statements to continue such protests, and also to note Fort Huachuca's role as the U.S. Army Intelligence Center, U.S. Army Communications-Electronics Command, pilotless drone operation, etc.
"Did they damage any property?" Estrada asked. "Was anyone injured?" "No" replied Weir, twice.
Vitale's attorney, Loyola University-New Orleans law professor Bill Quigley, told the court there was no reason to grant the government's motion, because the men's actions were nonviolent and they do not pose a flight risk, having returned to Arizona now twice voluntarily for court dates since their arrest.
Kelly and Vitale both refused to sign standard release agreements promising to commit no crimes while free pending trial, but the judge simply declared that it was his order, whether they signed or not.
Both defendants found or created the occasion to address the court about motivations above the law, such as acting for justice, and in good conscience, in the face of official crimes like wars of aggression and torture.
Military prosecutor Weir resubmitted his motion to jail the priests, citing these comments in court, but the Magistrate held firm over Weir's objection.
In addition to the federal charge of trespass (18 USC 1382), the June trial will incorporate prosecution of both men on the additional Arizona state charge of "Failure to Comply with Police Officer" (ARS 28-622), under terms of the Federal Assimilative Crimes Act.
Because the maximum possible prison sentence on both charges is ten months, the priests will request a jury trial.
The priests were arrested near the Fort Huachuca gatehouse last November 19, as they sought entry to speak with enlisted personnel and deliver a letter denouncing torture and the Military Commissions Act of 2006 to Major General Barbara Fast, commander at the post and a key figure in the torture scandal at Abu Ghraib prison in Iraq.
Supporters will host a series of public events around the time of the trial to raise awareness of Fort Huachuca's role in military intelligence training that fosters torture.
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Jack & Felice Cohen-Joppa POB 43383 Tucson AZ 85733 voice/fax: (520)323-8697 email: nukeresister@igc.org
March 26, 2007 (press release) Lawyer Bill Quigley, representing Louie Vitale, said that the Jag Captains Evan Seamone and Ryan Wardle were seeking pre-trial detention for Roman Catholic priests Louie Vitale and Steve Kelly. The JAG officers argued that the men had a history of criminal activity and the expectation was that they might "do something" while awaiting trial.
Steve and Louie were arrested at Fort Huachuca, in Sierra Vista, Arizona, protesting that day against military intelligence training at the fort that fosters torture on November 19, 2006.
Priests Face Added Charge for Ft. Huachuca Torture Protest
Two Catholic priests arrested during a protest at Fort Huachuca, in Sierra Vista, Arizona, have been notified that in addition to a federal charge of trespass (USC 18-1382), they will be prosecuted under Arizona law for "Failure to Comply with Police Officer" (ARS 28-622).
Franciscan Fr. Louie Vitale and Jesuit Fr. Steve Kelly intended to speak with enlisted personnel and deliver a letter denouncing torture and the Military Commissions Act of 2006 to Major General Barbara Fast, commander at the post, when they were arrested while approaching the gate last November 19.
They were part of a group of 120 people protesting that day against military intelligence training at the fort that fosters torture.
The men were cited for trespass and released. Later, they were summoned to appear for arraignment February 13 in Greeley Hall on the grounds of Fort Huachuca.
When the priests and five supporters arrived at the fort, they were escorted by several armed men into a room in the basement of Greeley Hall. Capt. Evan Simone, acting on behalf of the U.S. attorney's office, told Vitale and Kelly, who are representing themselves, that they would not in fact be arraigned. Instead, Simone was only there to discuss a plea agreement.
The two priests believe they are guilty of no crime, and declined any pretrial agreements.
Before they departed, Vitale and Kelly were each issued the second violation notice under the state stature. If found guilty of both charges, they face a maximum sentence of ten months in prison.
Arraignment is rescheduled for Tuesday, April 3, 8:30 a.m. at the U.S. District Court, 405 W. Congress St., Tucson, Arizona.
Jack & Felice Cohen-Joppa POB 43383 Tucson AZ 85733 voice/fax: (520)323-8697 email: nukeresister@igc.org
Two Priests Arrested as 120 Join Ft. Huachuca Torture Protest
November 19, 2006...
Jack or Felice Cohen-Joppa: 520-323-8697
As more than 120 people gathered at the gate of Fort Huachuca today to protest military intelligence training there that fosters torture, two Roman Catholic priests were arrested when they tried to enter the base, located in Sierra Vista, Arizona.
Franciscan Fr. Louie Vitale and Jesuit Fr. Steve Kelly intended to speak with enlisted personnel and deliver a letter to Major General Barbara Fast, commander at the post, denouncing torture and the Military Commissions Act of 2006.
Major General Fast is the highest ranking intelligence officer tied to the torture at Abu Ghraib torture, yet she has never been punished. Two soldiers with ties to Fort Huachuca are among 28 implicated earlier this year in the beating deaths of two prisoners in Afghanistan in 2002.
Today's demonstration took place in conjunction with the annual vigil at Fort Benning, Georgia, where over 20,000 people vigiled today and at least 14 were arrested as they called for closing the infamous School of the Americas (now called the Western Hemisphere Institute for Security Cooperation).
Dozens of Latin American military leaders who trained at the "School of Assassins" have since been convicted of torture, murder, and other heinous crimes in their own countries. Frs. Vitale and Kelly walked into the base but were stopped as they approached the gatehouse. An officer from the base offered to deliver their letter to the Commander, but the priests persisted, because they also intended to speak with the service men and women receiving interrogation training at Fort Huachuca.
When they were not allowed to pass, the two men knelt in prayer and were arrested. They both received a federal citation for trespass and were released without conditions, and told they should be contacted within 45 days with a court date.
Fr. Louie Vitale is a member of Pace e Bene, whose mission is "to develop the spirituality and practice of active nonviolence as a way of living and being and as a process for cultural transformation." Fr. Vitale is also a co-founder of the Nevada Desert Experience, a faith-based organization that has opposed nuclear weapons testing for a quarter of a century. Fr. Vitale recently served six months in jail following his arrest at the Ft. Benning vigil in November, 2005, and was ejected from congressional hearings in September after speaking out against the Military Commissions Act.
Fr. Steve Kelly is a member of the Redwood City Catholic Worker community and has served time in federal prison for the nonviolent direct disarmament of nuclear weapon delivery systems. In December, 2005, Kelly served as chaplain for Witness to Torture, a delegation of over two dozen U.S. anti-torture activists who defied the U.S. embargo of Cuba with a peaceful march through that nation to the gates of the Guantanamo Bay navel base and prison camp.
The text of the letter delivered to the base commander follows:
To: Maj. Gen. Barbara Fast -
We are here today as concerned U.S. people, veterans and clergy, to speak with enlisted personnel about the illegality and immorality of torture according to international humanitarian law, including the Geneva Conventions.
We condemn torture as a dehumanization of both prisoners and interrogators, resulting in humiliation, disability and even death. In addition to the hundreds of detainees who have died, we are also concerned about U.S. military personnel. Alyssa Peterson committed suicide after participating in the torture of Iraqi prisoners. Lynndie England and others have been imprisoned for their illegal activities.
We are here today at Ft. Huachuca in solidarity with tens of thousands of people at the Western Hemisphere Institute for Security Cooperation at Ft. Benning, Georgia (formerly known as the School of the Americas) to say that the training of torturers must immediately stop. Nothing justifies the inhumane treatment of our fellow brothers and sisters. Torture by U.S. military personnel has reached alarming proportions and has horrified people around the world.
We are convinced that the Military Commissions Act of 2006 is unconstitutional. We totally reject its conclusions. Torture is a useless and unreliable tool that leads to an accepted practice of terrorization and the rationalization of wrongdoing.
We are here today to repent and clearly state that because of our sense of moral and human decency we condemn torture. NOT IN OUR NAME.
Signed this 19th day of November, 2006 -
Louis Vitale,OFM
Steve Kelly, SJ