Press Release

FOR IMMEDIATE RELEASE
(please forward as appropriate)

19 September 2000

Contacts:  Abe Bonowitz: 800-973-6548
    Chrysanthi Settlage: 202-547-6000
    Jeff Garis: 215-724-6120

ACTIVIST DECLARED "NOT GUILTY"
PA State Police Interdiction Team Exposed

(For further details & photos, visit http://www.cuadp.org/natgovassocmeet.html)


STATE COLLEGE, PA --  In an unexpected move, District Justice Carmine W. Prestia, Jr., has ruled that Abraham J. Bonowitz, an anti-death penalty activist harassed by PA State Police at the summer meetings of the National
Governor's Association this past July, was "NOT GUILTY" of failing to signal a right turn.  Instead, Prestia agreed with Bonowitz' argument that his vehicle was singled out by police because of his activist activities.

Notified by mail of the decision, Bonowitz said, "I am elated.  I provided clear evidence that the police fabricated an infraction to cover up harassing and detaining peaceful activists, and Justice Prestia's ruling validates that.  I only hope this ruling prevents similar behavior by police in the future."

Bonowitz and another activist, Chrysanthi Settlage, a staff member dealing with criminal justice matters for the Friends Committee on National Legislation, asserted in court that they were detained and harassed by a special squad of Pennsylvania State Police trained specifically to interdict and disrupt activists.  They had come to State College to nonviolently express their constitutional rights of freedom of assembly and freedom of speech, and because of their activities they were singled out by the state police.  They maintain they were singled out by this special squad simply because they were activists.

The case hinged on whether Bonowitz could convince District Justice Prestia that the police had more in mind then a simple traffic stop when they pulled him over in State College during the July 8-11 National Governors' Association summer meetings.  During the trial, he asked each of three state troopers about the likelihood that they would stop a person for failing to signal an otherwise perfectly legal maneuver: All three said doing so was at the discretion of the individual officer.  After showing enlarged photos taken at the scene, Bonowitz asked about the nature and number of vehicles used to make the traffic stop.  "Isn't it unusual to have somany unmarked state police vehicles participate in a routine traffic stop for such a minor infraction?" Bonowitz asked. Trooper Drayer acknowledged that there were as many as eight unmarked vehicles in the photos, and that this was, in fact, unusual.

During the trial, Bonowitz was able to elicit testimony that Drayer and other officers were part of a special unit of the state police which had been in training for two years in anticipation of the NGA meetings and the Republican National Convention.  This is the same unit that infiltrated the "puppet factory" in Philadelphia during the RNC.

In the end, the case hinged on a 911  tape from a call Bonowitz had made just prior to being stopped.  Bonowitz feared those following him were upset over anti-death penalty messages on his car.  The 911 tape of the conversation between Bonowitz and Centre County Emergency Services Operator #22, Jim Millander, was subpoenaed but was not able to be heard during trial because the court was not equipped with a tape player.  Justice Prestia questioned Millander about the contents of the tape and tone of voice Bonowitz used, and closed the session by saying he would listen to the tape and issue his ruling by mail.

On September 12, 2000, District Justice Carmine W. Prestia, Jr. wrote to Mr. Bonowitz, "...Based on the tape and testimony at the trial I am finding you NOT GUILTY of the offense."  The letter included a check refunding the $99.50 Bonowitz had posted as collateral.

"It's wrong to detain people based on what you think they *might* do," said Settlage.  "We've now seen preemptive police actions against activists during the World Bank protests in Washington, DC, last April, in Philadelphia during the Republican National Convention, in this case, and in others.  "I'm not a lawyer, but I am fairly certain the constitution requires that a crime be committed before citizens are identified and detained. Simply driving while being an activist is not a crime!"

BACKGROUND

Bonowitz and Settlage were driving to a protest rally in State College on July 8 when they noticed they were being followed by individuals who had an "unscrupulous" look to them. Bonowitz called "911" on a mobile phone to report the situation and seek assistance from the police. "We thought they were local people who did not like our anti-death penalty bumper stickers," he said. After speaking to the "911" operator for several minutes, suddenly another unmarked car appeared with a dashboard emergency light flashing and pulled the activists over. Within minutes, no fewer than eight unmarked state police vehicles, some driven by uniformed PA State Troopers were on the scene. After some time, and without detailing the purpose for which the vehicle had been stopped, the police asked for and were refused permission to search the activists' car.  After more than 40 minutes, the activists were allowed to go, but only after being ticketed for "failing to signal a right turn." 

The next day, while under arrest for engaging in nonviolent civil disobedience (on charges which were later dismissed), PA State Trooper James L. Drayer told the activists that they had been followed since the time they had made a purchase of PVC pipe and chain at a local hardware store (Lowe's).