Posted on 09/07/2007 4:38:19 PM PDT by SandRat
TUCSON — Two priests who wanted to put alleged torture training at Fort Huachuca on trial have been blocked from that defense strategy by a Tucson-based federal magistrate.
On Wednesday, U.S. Magistrate Héctor Estrada told the Rev. Stephen Kelly and the Rev. Louis Vitale that he was granting the government’s motion not to allow the defendants to use what they contend is torture training on the Southern Arizona Army post.
He also denied the priests’ request for a jury trial.
But the judge also denied the government’s attempt to have Vitale’s prior arrests and convictions as prima facie evidence of trespass.
Both priests have been charged with trespassing on Fort Huachuca on Nov. 19, as well as failure to comply with a Sierra Vista police officer.
Defense attorney William Quigley said his clients believe that by putting torture on trial they will be able to prove they were acting on a higher moral ground to stop the practice and they were denied some of their First Amendment rights, primarily the right to assemble, petition the government and practice free speech.
Army Capt. Evan Seamone, who is prosecuting the case as a special assistant U.S. attorney, argued the issue is simply one of trespass and refusing to obey a civilian law officer.
On Aug. 13, both attorneys presented their points to Estrada at the federal courthouse in Tucson.
In granting the government’s motion to exclude certain evidence, supporters of the priests said the two men and their attorney have had a gag order put on them.
Felice Cohen-Joppa, who is a Tucson resident, said the judge’s ruling is a gag order that “forbids the defendants from introducing evidence at trial, either documentary or testimonial about the defenses of duress, justification, necessity, or self defense; the morality or immorality of the government’s use of interrogation techniques, training of soldiers in interrogation techniques; the legality of the wars in Iraq or Afghanistan …” and a number of other issues.
Lt. Col. James Gibson, the deputy judge advocate on the fort, said the judge’s decision limits the defense’s strategy.
Besides Quigley’s claims listed by Cohen-Joppa, the priests can’t bring out any alleged “military actions to support interrogations in any foreign countries; the legality of the Military Commission Act of 2006; the defense of international law; or of any political question or government policy,” Gibson said.
He added that in the decision, the judge has said the defense’s legal maneuverings “are not relevant to the charged offenses and no evidence can be introduced during the trial on these subjects.”
On Nov. 19, the two priests — Vitale, a Franciscan, and Kelly, a Jesuit — were taken into custody as they attempted to enter the fort’s Main Gate with the intent of delivering a letter to the Intelligence Center commander, Maj. Gen. Barbara Fast, and wanting to speak to soldiers.
They were charged with trespassing and released on their own recognizance.
The two men had earlier taken part in a protest across the street from the post’s Main Gate, where supporters and counter protesters had gathered.
The protest has recently become a yearly event near the fort and last year was the first time any protesters had been arrested for trespassing.
Although Estrada denied Seamone’s motion to use Vitale’s previous arrests and conviction involving numerous protests against the federal government, the judge has ordered the Franciscan priest to appear before him on Sept. 21, a date which might have to be changed because of Quigley’s unavailability.
On Aug. 13, it came to the court’s knowledge through testimony elicited from a prosecution witness that Vitale had been arrested protesting a nuclear test site in Nevada about a week earlier after Estrada ordered him to not engage in such activities, pending the outcome of the current case.
Since their November arrests, neither priest has agreed to sign any documents agreeing not to violate any local, state or federal laws, even though they have been ordered to comply.
In August, Estrada chastised both defendants and ordered Quigley to take Vitale to be interviewed by the court’s pre-trial services office.
At that time, the judge reminded the priests of his order saying, “my admonishment wasn’t taken to heart.”
In his decision on Wednesday, Estrada added an order for Vitale to appear before him on future conditions for remaining free pending the trial, which is scheduled for later this year.
As for Quigley’s attempt to have his clients’ case heard by a jury, Estrada denied the motion.
Quigley wanted to present jurors what he contends was the priests’ defense by putting torture on trial because the public needs to decide the issue.
The judge’s ruling to deny the defense evidence involving allegations of torture being taught on post is coupled with the fact that the charges are misdemeanors with a potential sentences of less than six months and that the U.S. Supreme Court has ruled defendants in these cases are not automatically allowed a jury trial, which a federal judge can approve or deny.
herald/Review senior reporter Bill Hess can be reached at 515-4615 or by e-mail at bill.hess@svherald.com.
Priests dealt blow? Isn’t that what got them in trouble a few years back?
Yep.
In a “backdoor” sorta’ way.
On Aug. 13, it came to the court’s knowledge through testimony elicited from a prosecution witness that Vitale had been arrested protesting a nuclear test site in Nevada about a week earlier after Estrada ordered him to not engage in such activities, pending the outcome of the current case.
Think that'll add a Contemp of Court charge to the list?
Hope it does and both of these loonies get a long stay at the Gray-Bar Motel.
Hey Pope, what the ...? Anybody in charge of the simian corral?
I’ll be impressed when these Bozos trespass at an Iranian Military Base.
Dude, that was funny.
Can You hang a traitor priest?
Can You hang a traitor priest?
I don’t know. We don’t seem to be able to that to sef confessed Hollyweirds, Media types or Politicians either.
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