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More Carol Fisher
Fact Sheet on the Arrest, Trial and Conviction of Carol Fisher
The Current Situation:
·Carol has been convicted of two counts of felony assault on a
police officer. Her sentencing is June 2 at 10:00 on the 21st floor of
Cleveland's Justice Center, downtown at Lakeside and Ontario. A rally
will be held at the Ontario side of the Justice Center at 9:00 am that
day, and the public is encouraged to be there in her support.
·She is facing a maximum of three years in jail with a fine of
several thousand dollars. After the guilty verdict, Judge McGinty told
her, "When you come to the sentencing, be prepared to apologize and
admit
you were wrong, or bring your toothbrush-you are going to jail." She
has
nothing to apologize for and is not guilty as charged.
·The case will be appealed.
The Arrest:
·On January 28 2006, Carol was stapling posters on telephone
poles on Lee Road at Meadowbrook in Cleveland Heights when she saw a
police officer across the street telling her that posting was illegal.
She did not know it was illegal. She put away her posters and walked
toward her car. When the officer said, "$100 fine unless you take the
posters down", she turned back. According to the officer's own
testimony,
when he told her to take down the posters, she said she would. Before
she
could reach the telephone pole, the officer approached her, put his
hand
on her coat sleeve and backed her up against a store window. He asked
for
ID and she said she did not have ID, thinking it was in her purse in
her
car. Without further discussion, he grabbed her arm and cuffed one
hand.
Carol repeated that she would take down the posters, but the officer
continued to restrain her, and Carol called out in protest to
bystanders.
·The law allows limited conditions in which an arrest can be made
for a minor misdemeanor, or ticketable offense. The only relevant
condition in this case is "refusal to provide identification". But
Carol
never refused to provide ID; she never had a chance to look for any on
her
person, was never asked her name or address, was never asked to go to
her
car to get ID. The officer did not attempt to establish
identification,
never said he was going to write a ticket, never presented a ticket,
never
said he was going to arrest her or why, and never read the Miranda
rights.
He grabbed her and cuffed her. He did not follow proper procedure, and
Carol was resisting an unlawful arrest, which she had a legal right to
do.
She never made any aggressive moves; the officer initiated physical
contact.
·The officer's partner arrived on the scene and Carol was thrown
face down on the sidewalk with one cop's knee in her back and her face
held to the ground. She was handcuffed and her legs were shackled.
Additional backup arrived.
·After she was restrained, the arresting officer said, "I am sick
and tired of this anti-Bush shit." Another cop said, "Shut up or I'll
kill you". The officers said "she is definitely crazy, we should send
her
to the psych ward."
·An emergency medical vehicle took her to the hospital. She was
not allowed a phone call. A sympathetic fire dept. paramedic made a
phone
call for her, which was the only way anyone knew where she was. Her
friends and doctor were never permitted to see her or informed about
what
had happened or told about her physical condition. They were
threatened
with arrest in the emergency room lobby.
·At the emergency room, Carol was forced to undress in front of
four male police officers. She was held for 6 hours. She was
subjected
to a psychiatric evaluation and was deemed fit to be released, taken to
the police station for booking and sent home. She was charged with two
counts of felony assault.
·Carol had bruises covering two-thirds of her forearms, abrasions
on her face and chin, a cut on her lip and bruises on her forehead,
shoulder, and knees.
·On Feb 6, supporters of World Cant Wait and concerned others
attended a Cleveland Hts City Council meeting and many spoke on her
behalf, protested the malicious behavior of the cops in Carol's arrest
and
in general, the political intent of intimidation by the arresting
officer
because of his stated opposition to Bush protesters. People also
expressed deep concerns about the implications of this country heading
toward fascism. Carol also spoke. The demand was made that any
charges
should be dropped. The Mayor responded to all this with a pre-written
statement condemning Carol's behavior, praising the police and
confirmed
the 2 felony assault indictments. (text of this meeting can be viewed
at
the City of Cleveland Heights website, council meetings)
·Carol lost her job as a result of the arrest and has been
sustained by contributions from friends and supporters.
The Trial:
·At the first of 4 pre-trial conferences, the judge said that he
thought a person must be mentally unstable to have assaulted these
police
officers and urged mental evaluation.
·At each of the pre-trial conferences, Carol was pressured to
accept a deal of resisting arrest, apologizing to the officers and to
be
liable for any expenses. She refused on grounds that the arrest was
unlawful.
·The defense submitted a motion to dismiss at the trial because
the arrest was illegal. This dismissal was refused by the judge and
the
jury never knew that it had been presented.
·No political T-shirts were allowed to be visible in the
courtroom. Spectators were threatened with eviction or even arrest for
the slightest facial expression or gestures.
·Judge McGinty confined the facts of the trial to the moments
leading up to the arrest and 2 to 3 minutes following. The jury never
heard about Carol’s treatment at the emergency room. They were only
allowed to hear one fourth of the testimony of the sympathetic
paramedic.
No political context was allowed in testimony, except where the
prosecution tried to portray her as a fanatic.
·The jury included at least 4 people in law enforcement or
closely related to law enforcement.
·The 3 cop’s testimony of the arrest conflicted with each other
and contained entirely unsubstantiated evidence of bites and blows to
the
cops, including descriptions that were not in the police report. No
photos of injuries or evidence of damage was presented except three
tiny
marks on one cop’s hand.
·The 4 witnesses to the arrest were approached by police the next
day, and up to the trial were heavily coached with up to 4 or five
visits
by police and detectives, as shown in defense cross-examination.
·Carol was subjected to a two hour cross-examination by the
prosecution in an attempt to wear her down and trap her or cause her to
lose her temper to make her fit the crazy woman profile, to no avail.
·The prosecution maintained in the closing argument that the 4
witnesses corroborated the cops’ stories. But no witness offered any
testimony of assault. Two witnesses testified to resisting; one
witness
said that Carol was rude to the policeman. One woman spoke of the
brutal
treatment to Carol by police.
In the media after the trial, the judge also lied that the witnesses
backed up the police claim of assault.
·The prosecution stated in their closing argument that the police
had a right to arrest Carol. The judge would not allow instruction to
the
jury about legal grounds of arrest for a minor misdemeanor, or the law
on
resisting an illegal arrest.
·The jury deliberated for 10 hours before the guilty verdict. At
the polling of the jury, one person turned his head away after saying
“Guilty” and covered his face with obvious signs of regret.
·After the verdict, the judge ordered a psychiatric evaluation
and a pre-sentencing investigation was agreed upon to determine the
possibility of probation.
·Judge McGinty told Carol after the guilty verdict, “When you
come for sentencing, be prepared to apologize and admit you were wrong,
or
bring your toothbrush, you are going to jail.”
·The verdict will be appealed.
Post Trial:
·Carol sent a letter to the judge refusing a psychiatric
evaluation and pre-sentencing investigation once she realized the
invasive
extent of the procedures. She maintained that any information obtained
“can, has and will be used against me”. She objected to the
implication
of dissidents being labeled crazy.
·The judge remanded her to jail in the mental health unit and put
her under suicide watch.
·Carol was told in jail that if she did not allow a psych
interview and pre-sentence investigation, she would be sent to North
Coast
Mental Institution for a 20 day evaluation. With objections, she
submitted to a brief interview with state sponsored psychiatrists and
an
interview with probation officer. She was released after 3 days.
Carol
says that she regrets having allowed the psychiatrists to interview her
because of the dangerous precedent it sets for the courts and police to
apply the label of mental problems in political cases, and to use this
as
further intimidation and aggravated punishment.
Support:
·Since the day of the arrest, support has been strong and growing
for Carol, and word of her case has traveled the internet with
extensive
debate on many blogs and websites, especially since the question of
psychiatric evaluation became an issue.
·Carol’s attorneys, Terry Gilbert and Dan Shields, are working
pro-bono. Donations thus far have covered the costs of the trial but
ongoing expenses will mount for the appeal, including to obtain a copy
of
the trial transcript.
Donations can be sent to:
'Carol Fisher Defense Fund'
c/o WCW/NION
PO Box 609034
Cleveland OH 44109
In Cleveland, contact World Can't Wati at:
216-633-6200 cleveland@worldcantwait.org
Fact Sheet on the Arrest, Trial and Conviction of Carol Fisher
The Current Situation:
·Carol has been convicted of two counts of felony assault on a
police officer. Her sentencing is June 2 at 10:00 on the 21st floor of
Cleveland's Justice Center, downtown at Lakeside and Ontario. A rally
will be held at the Ontario side of the Justice Center at 9:00 am that
day, and the public is encouraged to be there in her support.
·She is facing a maximum of three years in jail with a fine of
several thousand dollars. After the guilty verdict, Judge McGinty told
her, "When you come to the sentencing, be prepared to apologize and
admit
you were wrong, or bring your toothbrush-you are going to jail." She
has
nothing to apologize for and is not guilty as charged.
·The case will be appealed.
The Arrest:
·On January 28 2006, Carol was stapling posters on telephone
poles on Lee Road at Meadowbrook in Cleveland Heights when she saw a
police officer across the street telling her that posting was illegal.
She did not know it was illegal. She put away her posters and walked
toward her car. When the officer said, "$100 fine unless you take the
posters down", she turned back. According to the officer's own
testimony,
when he told her to take down the posters, she said she would. Before
she
could reach the telephone pole, the officer approached her, put his
hand
on her coat sleeve and backed her up against a store window. He asked
for
ID and she said she did not have ID, thinking it was in her purse in
her
car. Without further discussion, he grabbed her arm and cuffed one
hand.
Carol repeated that she would take down the posters, but the officer
continued to restrain her, and Carol called out in protest to
bystanders.
·The law allows limited conditions in which an arrest can be made
for a minor misdemeanor, or ticketable offense. The only relevant
condition in this case is "refusal to provide identification". But
Carol
never refused to provide ID; she never had a chance to look for any on
her
person, was never asked her name or address, was never asked to go to
her
car to get ID. The officer did not attempt to establish
identification,
never said he was going to write a ticket, never presented a ticket,
never
said he was going to arrest her or why, and never read the Miranda
rights.
He grabbed her and cuffed her. He did not follow proper procedure, and
Carol was resisting an unlawful arrest, which she had a legal right to
do.
She never made any aggressive moves; the officer initiated physical
contact.
·The officer's partner arrived on the scene and Carol was thrown
face down on the sidewalk with one cop's knee in her back and her face
held to the ground. She was handcuffed and her legs were shackled.
Additional backup arrived.
·After she was restrained, the arresting officer said, "I am sick
and tired of this anti-Bush shit." Another cop said, "Shut up or I'll
kill you". The officers said "she is definitely crazy, we should send
her
to the psych ward."
·An emergency medical vehicle took her to the hospital. She was
not allowed a phone call. A sympathetic fire dept. paramedic made a
phone
call for her, which was the only way anyone knew where she was. Her
friends and doctor were never permitted to see her or informed about
what
had happened or told about her physical condition. They were
threatened
with arrest in the emergency room lobby.
·At the emergency room, Carol was forced to undress in front of
four male police officers. She was held for 6 hours. She was
subjected
to a psychiatric evaluation and was deemed fit to be released, taken to
the police station for booking and sent home. She was charged with two
counts of felony assault.
·Carol had bruises covering two-thirds of her forearms, abrasions
on her face and chin, a cut on her lip and bruises on her forehead,
shoulder, and knees.
·On Feb 6, supporters of World Cant Wait and concerned others
attended a Cleveland Hts City Council meeting and many spoke on her
behalf, protested the malicious behavior of the cops in Carol's arrest
and
in general, the political intent of intimidation by the arresting
officer
because of his stated opposition to Bush protesters. People also
expressed deep concerns about the implications of this country heading
toward fascism. Carol also spoke. The demand was made that any
charges
should be dropped. The Mayor responded to all this with a pre-written
statement condemning Carol's behavior, praising the police and
confirmed
the 2 felony assault indictments. (text of this meeting can be viewed
at
the City of Cleveland Heights website, council meetings)
·Carol lost her job as a result of the arrest and has been
sustained by contributions from friends and supporters.
The Trial:
·At the first of 4 pre-trial conferences, the judge said that he
thought a person must be mentally unstable to have assaulted these
police
officers and urged mental evaluation.
·At each of the pre-trial conferences, Carol was pressured to
accept a deal of resisting arrest, apologizing to the officers and to
be
liable for any expenses. She refused on grounds that the arrest was
unlawful.
·The defense submitted a motion to dismiss at the trial because
the arrest was illegal. This dismissal was refused by the judge and
the
jury never knew that it had been presented.
·No political T-shirts were allowed to be visible in the
courtroom. Spectators were threatened with eviction or even arrest for
the slightest facial expression or gestures.
·Judge McGinty confined the facts of the trial to the moments
leading up to the arrest and 2 to 3 minutes following. The jury never
heard about Carol’s treatment at the emergency room. They were only
allowed to hear one fourth of the testimony of the sympathetic
paramedic.
No political context was allowed in testimony, except where the
prosecution tried to portray her as a fanatic.
·The jury included at least 4 people in law enforcement or
closely related to law enforcement.
·The 3 cop’s testimony of the arrest conflicted with each other
and contained entirely unsubstantiated evidence of bites and blows to
the
cops, including descriptions that were not in the police report. No
photos of injuries or evidence of damage was presented except three
tiny
marks on one cop’s hand.
·The 4 witnesses to the arrest were approached by police the next
day, and up to the trial were heavily coached with up to 4 or five
visits
by police and detectives, as shown in defense cross-examination.
·Carol was subjected to a two hour cross-examination by the
prosecution in an attempt to wear her down and trap her or cause her to
lose her temper to make her fit the crazy woman profile, to no avail.
·The prosecution maintained in the closing argument that the 4
witnesses corroborated the cops’ stories. But no witness offered any
testimony of assault. Two witnesses testified to resisting; one
witness
said that Carol was rude to the policeman. One woman spoke of the
brutal
treatment to Carol by police.
In the media after the trial, the judge also lied that the witnesses
backed up the police claim of assault.
·The prosecution stated in their closing argument that the police
had a right to arrest Carol. The judge would not allow instruction to
the
jury about legal grounds of arrest for a minor misdemeanor, or the law
on
resisting an illegal arrest.
·The jury deliberated for 10 hours before the guilty verdict. At
the polling of the jury, one person turned his head away after saying
“Guilty” and covered his face with obvious signs of regret.
·After the verdict, the judge ordered a psychiatric evaluation
and a pre-sentencing investigation was agreed upon to determine the
possibility of probation.
·Judge McGinty told Carol after the guilty verdict, “When you
come for sentencing, be prepared to apologize and admit you were wrong,
or
bring your toothbrush, you are going to jail.”
·The verdict will be appealed.
Post Trial:
·Carol sent a letter to the judge refusing a psychiatric
evaluation and pre-sentencing investigation once she realized the
invasive
extent of the procedures. She maintained that any information obtained
“can, has and will be used against me”. She objected to the
implication
of dissidents being labeled crazy.
·The judge remanded her to jail in the mental health unit and put
her under suicide watch.
·Carol was told in jail that if she did not allow a psych
interview and pre-sentence investigation, she would be sent to North
Coast
Mental Institution for a 20 day evaluation. With objections, she
submitted to a brief interview with state sponsored psychiatrists and
an
interview with probation officer. She was released after 3 days.
Carol
says that she regrets having allowed the psychiatrists to interview her
because of the dangerous precedent it sets for the courts and police to
apply the label of mental problems in political cases, and to use this
as
further intimidation and aggravated punishment.
Support:
·Since the day of the arrest, support has been strong and growing
for Carol, and word of her case has traveled the internet with
extensive
debate on many blogs and websites, especially since the question of
psychiatric evaluation became an issue.
·Carol’s attorneys, Terry Gilbert and Dan Shields, are working
pro-bono. Donations thus far have covered the costs of the trial but
ongoing expenses will mount for the appeal, including to obtain a copy
of
the trial transcript.
Donations can be sent to:
'Carol Fisher Defense Fund'
c/o WCW/NION
PO Box 609034
Cleveland OH 44109
In Cleveland, contact World Can't Wati at:
216-633-6200 cleveland@worldcantwait.org