Posted on 09/22/2007 7:38:53 AM PDT by SandRat
TUCSON — A priest who previously refused to sign conditions for his release on his own recognizance backed down Friday, agreeing to the demands of a federal magistrate.
The Rev. Louis Vitale was facing incarceration pending the start of a trial in which he and another priest, the Rev. Steven Kelly, face charges of trespassing on Fort Huachuca last November and failing to obey the orders of a Sierra Vista police officer.
According to the two priests’ attorney, the pair are willing to plead no contest to the charges.
That revaluation from defense attorney William Quigley came out during a hearing involving Vitale at the Tucson federal courthouse.
Federal Magistrate Héctor Estrada told the Franciscan that the hearing was being held because the priest continued to violate his order not to become involved in activities in which he could be arrested.
The two priests appeared before the judge in August, where for the second time he chastised them for their unwillingness to comply with his verbal orders when he released them earlier this year, even though neither man signed documents agreeing to the conditions for release.
During the August hearing, the judge expressed concern over Vitale being arrested less than a week before appearing before the magistrate. Vitale took part in an anti-nuclear protest in Nevada. Kelly apparently has not participated in protests leading to charges against him.
Because of that, Estrada ordered Vitale to be interviewed by the court’s pre-trial services office, which the priest did, with Quigley present.
Estrada said Friday’s hearing was being held to determine if Vitale would remain free instead of being held in jail until the Oct. 17 trial.
Quigley said his client is willing to comply with the judge’s order and would sign documents pledging his adherence.
Speaking directly to Vitale, the magistrate asked the priest specifically if he would comply, to which the priest said “yes.”
A clerk then handed Quigley documents that the priest signed, as did the defense attorney.
Before allowing the priest to remain free, Estrada asked Army Capt. Evan Seamone, who works at the post’s judge advocate office and is prosecuting the case as special U.S. attorney, if the government had any comments.
Seamone said his biggest problem is if Vitale keeps on with his actions of protesting at government sites, including military installations, he could not only be charged but arrested and held in another jurisdiction and that could impact on the October trial on charges Vitale and Kelly face in Arizona.
The charges the two priests face happened in mid-November when they took part in a protest against what they alleged is torture being taught at the Intelligence Center on the fort.
At the end of the protest, the two priests — Kelly is a Jesuit — walked across Buffalo Soldier Trail and headed up a road toward the fort’s Main Gate.
A civilian law officer told the priests not to violate the fort’s property.
They then refused to stop when ordered to do so by federal law officers, and they were then charged with trespassing.
Quigley said the main reason Vitale has had a change of heart is due to the illness of his sister and he wants to help take care of her health needs.
The judge limited Vitale’s freedom to Arizona and California, with all other areas out of bounds, unless the court gives special permission.
Noting that for three decades he was a civilian defense lawyer, Estrada said it is always better if a defendant is not incarcerated pending trial, unless it involves an extremely dangerous charge.
By his comments, it appeared Estrada gave Vitale a final warning to comply with the release conditions or face time behind bars.
Quigley said he hopes he and the prosecutor can come to an agreement allowing the two priests to plead no contest to the charges.
According to the law, a no contest plea allows defendants to not admit guilt, but they are subject to being judged guilty and punished as if they had pleaded guilty.
Seamone said the potential of such a plea deal must be agreed to by the U.S. Attorney for Arizona, and there is no indication it will be accepted at this time.
There must be extraordinary circumstances for the U.S. attorney to agree, and the defense has not provided such a reason, the captain said. But Seamone and Quigley are looking into the details to see if it can be considered an extraordinary case.
Estrada noted that regardless of whether the two priests plead no contest or guilty, he still will ask questions of the two men before accepting the plea.
The magistrate already has ruled against the defense ploy to put torture on trial, which was a victory for the government, which said the misdemeanor case is simply about trespassing.
HERALD/REVIEW senior reporter Bill Hess can be reached at 515-4615.
Can somebody out there dig up some vintage sixties-era draft cards for them to ceremoniously burn on TV? That might sate their desire for cheap publicity...
I still have my draft card from then. I didn’t burn it then and I won’t let them have it to burn it now.
Interesting question. I don't remember the last time I saw my draft card, although I still have most of my stuff from those days. I think I still have my draft notice around here somewhere. I received it five days after I joined the Navy.
Catholic?
The legal system can really grind someone down. Here’s hoping that the judge includes all sorts of interesting requirements to their probation, such as frequent drug and alcohol tests, prohibiting them from associating with other known lawbreakers, anti-aggression therapy, lots of community service like cleaning up homeless shelters, and other fun things. And, of course, they get to pay for the privilege.
My Dog Tags may say American Baptist, but through the Community Leaders of Faith (Catholic, Jewish, and Protestant) and their thinking that after their youth had had gone through their faith training that the youth should go through the other faith’s training. So besides formally becoming an American Baptist, courtesy of the the Parish Priest and the Rabbi I and my friends got to go all the way through Catechism and all the way through to just short of going through Bar-Mitzvah/Bat-Mitzvah (boys/girls) and joining Temple.
Why do you ask?
No goober...the priests.
Hahaha...
From what I’ve been able to find, it looks like Fr. Louis Vitale is a Franciscan and Fr. Steven Kelly is a Jesuit. So, yes, they’re both Catholic.
GOT ME!!!! dee-dee-dee mee
Yes they Catholic Priests are and claim to be some sort of Activist Liberation Franciscan Priests.
Beware the wolves in sheep’s clothing.
These are commies with a collar, that’s all.
Unfortunately Tucson has a lot of Chomsky Lovers.
Well, I’m just shocked. :o)
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