Posted on 02/04/2005 2:16:58 AM PST by Boot Hill
'Philly 5' lose round in federal court,
prosecutors get away with calling
defendants' words 'hateful'
© 2005 WorldNetDaily.com
In another blow to the "Philly 5" – the Philadelphia Christians facing possible 47 year jail terms for evangelizing at a homosexual event – a federal judge has refused a request to stop the local prosecution of the group.
Judge Petrese B. Tucker, for the second time, has refused to sanction the Philadelphia District Attorney's Office for what the Christians' attorneys say are "retaliatory criminal proceedings."
According to the American Family Association Center for Law & Policy, which is representing the Christians on the federal level, Tucker denied the request for relief last week, saying the Philly 5 had "insufficient evidence ... regarding why any of the defendants would want to stifle their First Amendment rights."
The group's attorneys had presented as evidence their clients' First Amendment rights were violated the fact that Assistant District Attorney Charles Ehrlich told an earlier court proceeding the Christians' religious speech was "hateful, disgusting, despicable words," and "fighting words."
As WorldNetDaily reported, on Oct. 10, a group of 11 Christians was "preaching God's Word" to a crowd of people attending the Philadelphia "OutFest" event and displaying banners with biblical messages.
After a confrontation with a group called the Pink Angels, described by protesters as "a militant mob of homosexuals," the Christians were arrested and spent a night in jail.
Eight charges were filed: criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways.
None of the Pink Angels was cited or arrested.
After a preliminary hearing in December, Judge William Austin Meehan ordered four of the Christians to stand trial on three felony and five misdemeanor charges. If convicted, they could each get a maximum of 47 years in prison. One female teenage protester faces charges in the juvenile justice system.
Brian Fahling is senior trial attorney for the law center.
Said Fahling in a statement: "The law requires us to show bad faith or retaliation by the D.A.'s office; we established that beyond argument with a videotape of the entire incident that shows our clients peacefully exercising their First Amendment rights, then being arrested and charged with crimes that carry a potential for 47 years imprisonment, and a district attorney's office that retaliated against them because it hates their speech.
"It is difficult to conceive of more compelling evidence of bad faith and retaliation than what we have presented to the court in this case."
Fahling colleague Michael DePrimo added: "There has never been a stronger case for federal court intervention based upon allegations of bad faith and retaliation than [the Philly 5] presented to Judge Tucker. … Prior to taking the bench, Judge Tucker was an assistant district attorney for Philadelphia for eight years; she is undoubtedly aware that peaceful expression of First Amendment rights is not criminal."
The next hearing date scheduled for the Christians is Feb. 17, when the court will consider their motion to dismiss the case. Seventeen-year-old Lauren Murch's trial date is Feb. 18.
Bump.
Denny Crane: "There are two places to find the truth. First God and then Fox News."
Isn't that why Penn left the colony and went and established Rhode Island?
Jesus said: "And he answered and said unto them, Have ye not read that he which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore, they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder." -from THE BIBLE: Matthew 19:4-6
Catholic Ping - please freepmail me if you want on/off this list
Ping!
When these people are sent to prison for exercising their 1st Amendment rights, the Second Civil War begins. Bet on it.
The trial of William Penn occurred before he left England for America and the colony named after him.
--Boot Hill
bump
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here.
Actually, I had Penn confused with Roger Williams.
ping
I don't believe they'll be found guilty, but if they are found guilty, I believe that it will become open season on other Christians exercising similar beliefs in public, resulting in an angry backlash, that will ultimately aid the cause the Philly 5.
--Boot Hill
Sadly...this will likely rise to a higher court or even make it to the Supreme Court. With this in mind, Judiciary appoinments should be focussed in HIGH RESOLUTION......
" resulting in an angry backlash,"
It's going to be huge. (hugh)
This is sick. And if the Republicans cave on the judges, I'm going to be angry.
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