Closing Argument On Behalf of Mike Walli by Bill Quigley

“Do justice” – the judge said at beginning..

These men have already been in jail since June 20 – nearly 90 days. These are the 7 keys to release them. Here are Seven keys to freedom; Seven ways to find these people innocent. Many more than 7 questions, but I am grouping them as 7 keys to freedom.

Being a juror is tough. I was on regular jury duty for a month and grand jury for another month -- spent most of the time waiting around doing nothing -- really boring. But now finally comes the fun part. You are in charge!

Most countries do not have juries. All they have is judges. The US is special because we want juries of regular people to make our important decisions. We want the people to “do justice.” Our important decisions are too important to be made by lawyers and judges – they have to be made by people. We want our most important decisions made by farmers, nurses, waitresses, and teachers.

I want to be clear that you do not have to agree with these 3 folks in order to find them not guilty. You can think they are long-winded peaceniks and still find them not guilty. You can think even think they are nuts and still find them not guilty.

Individual freedom is at stake. What you do in this case will send out waves throughout the entire community -- maybe even the entire country. So I know you will be a good citizen, and whether you like these folks and their beliefs or think they are peaceniks and do not like them, I know you will be very very careful with individual freedom.

You certainly have a gut feeling whether you are going to want to vote these folks guilty or not guilty right now. For those of you who are leaning towards not guilty, and those who have questions, here are the top 7 keys to unlock this case and give these people back their freedom.

These are 7 keys why you should find these folks innocent. Any one will work as a key for their freedom but I am giving you 7 so you can take your pick.

These folks have already been in jail for 90 days – if you find them not guilty, they are not getting off scot-free, they have served 90 days in prison – set them free!

One: Start with “the presumption of innocence” and “beyond a reasonable doubt.”

They start out innocent. Fundamental part of our system of justice: ¬ until you are sure “beyond a reasonable doubt” that they are guilty, you have to find them not guilty.

If you are not convinced beyond a reasonable doubt that every single element of this crime has been proven beyond a reasonable doubt, then you must vote them not guilty.

This case has many holes in it that were not proved beyond a reasonable doubt so you must find them innocent.

Two: This was not a criminal act.

You know I am from New Orleans . I want to tell you two stories.

When the electricity went off and the phones went down and the water started rising, my wife and I were still in New Orleans . She is a nurse and we were helping in one of the hospitals.

During the bad times, some people broke into stores and took big screen TVs. We call them looters.

When Katrina hit, my wife (who is a nurse) and I were trapped in a hospital. The electricity went out. The phones went out. The water went out. Imagine being in a hospital with 2000 people with no water, electricity, computers, etc for days – we ran out of food quickly.

One night a doctor came up to our floor and smashed out the glass on a big vending machine – and that night we ate cheetos for dinner.

One way to look at breaking into a vending machine – it is clearly criminal. But was it clearly criminal act? Think about that.

From the outside you might say these are both the same types of acts, but they are not.

One of them was larceny and one was not. One was a crime and one was not.

One of those acts was taken for the common good. One of these was trying to help people.

If these men did this in North Korea , the government would call them heroes. If these men did this in Iran , our government would call them heroes. If they did this in Syria , we would call them heroes. If they are heroes there – why not here?

Three: The power of one juror.

It only takes one juror to stop these people from being convicted. Your decision must be unanimous to convict them.

As a juror, you are able to make up your own mind and not be swayed by the crowd. To hang tough with your beliefs if you sincerely believe you are right.

No one juror is more or less important than any other.

Listen to everyone else and deliberate but vote your own conscience.

Your decision has to be unanimous. You should discuss and deliberate as the judge tells you, but you must also follow your conscience.

You are not to “do violence to your own individual judgment.” So hang tough!

Four: Damage to property?

You know what the property was – a LF. Launching Facility – what is being launched from there?

Was there proof beyond a reasonable doubt that this is legitimate property?

Why do you think the young soldiers said they did not know what was in the ground? You know why. They were embarrassed about what is in the ground?

As one person has said, “if you damaged the shower heads at a concentration camp, would that be damage to legal property?”

Why is there global uproar about nations getting these weapons if they are just regular legal property?

There is also the question about whose property it was – who were these 3 turned over to? Was there proof beyond a reasonable doubt that this was actually on government property – could it have been tribal property – was that proven beyond a reasonable doubt?

Five: Damage Beyond $1000?

There is no evidence, certainly not evidence beyond a reasonable doubt, that these folks caused more than $1000 in damages.

– Beyond a reasonable doubt – damage over $1000?

BRING THE DAMAGED A VAULT OVER IN FRONT OF THE JURY

(This is $14,000 worth of damage – this dent?)

Any farmer can tell you they fix damage like this every day.

A vault lock? In storage. No purchase necessary. Lt. Col said it was “exchanged” and had a piece of paper saying it cost tons of $. That is not proof beyond a reasonable doubt.

Is this proof beyond a reasonable doubt that there is damage over $1000?

We all know the stories about what the military pays for things – but you know better.

Thousands of dollars for pay for soldiers? Soldiers were on duty – no one had to pay extra for those soldiers to work.

Was there proof beyond a reasonable doubt that it cost anyone thousands of dollars for those soldiers to come out there?

Was there Proof beyond a reasonable doubt that a) it actually cost that much;

b) the government actually is out of pocket for that $?

Six: Common sense & unanswered questions.

Look at prosecutor's case for the unanswered questions and use your common sense.

You are permitted to draw from facts that you find to have been proven such reasonable inferences as seem justified in light of your experience, reason and common sense.”

Why is the government protecting weapons that they say it is illegal for every other country to have?

Why do the soldiers say they do not even know what weapons they are supposed to be protecting?

What is going on here?

You know exactly what is going on here.

Use your common sense when you answer these questions.

Seven: Conscience.

In addition to common sense, you must honor and use and follow your conscience.

You know what is going on here. Everyone knows what is going on here. I ask you to use your common sense and your conscience.

The prosecutor says this is a simple case -- I think peace loving people call can agree with him.

These three men, peacefully, went to this nuclear missile site and protested – on our behalf. They injured no one. They threatened no one. They were polite.

These 3 people could have stayed home and watched TV.

They could have said this is somebody else's problem.

They are just like the rest of us, but they were peacemakers.

What does the bible say? Blessed are the peacemakers.

But they took a risk. A risk to try to do something dramatic to try to stop nuclear war.

The government says they are criminals.

Who else have the people in charge called criminal?

How about the people who built this country and refused to pay taxes to King George?

I seem to remember a famous tea party protest?

How about the people who signed the Declaration of Independence?

Women who voted when it was prohibited. What do you think they called them?

What about the people who sat in at lunch counters or refused to move in busses?

Many of the most famous people in the history of our country were called criminal and arrogant and unlawful and dangerous people to some, because they acted for justice when everyone did not approve, much less the prosecutors and the government.

Do justice, use common sense, follow your conscience.

Remember the Boston Tea Party, Martin Luther King, Jr., Sojourner Truth, Susan B. Anthony, and Dietrich Bonhoeffer -

These men have already been in jail for 90 days. It is up to you to say, “no more.” Set them free.

Use any or all of these 7 keys that this case gives you.

Follow your conscience, as these people have, and set these people free!