SEATTLE POLICE KEEP LEIU PROTESTERS VIDEOTAPES

SEATTLE POLICE STILL HAVE LEIU PROTESTERS' VIDEOTAPES
by Kirsten Anderberg Copyright 2003

Well, the Law Enforcement Intelligent Unit (LEIU) hearings, based on the June 2, 2003 LEIU protests in Seattle, are back on. On November 14, 2003, in Judge Deborah Hankins' courtroom, five of the LEIU defendants were represented by attorneys Paul Richmond, Larry Hildes, and Michael Withey. You will remember last time we visited this topic, at the August 28 hearing, LEIU defendants' property was not being returned by the Seattle Police, including video cameras, videotapes, personal and student identification, credit cards, and even ice cream cards (with only one cone left until the free one). When the attorneys asked the judge for those items to be returned in August, since the Seattle Police were not responding to those requests, the judge on the bench that day, Judge Ron A. Mamiya, told the attorneys, Mr. Richmond and Mr. Hildes, to ask the prosecutor for those things back. So, the attorneys turned to their left (?!), and asked the prosecutor for the defendants' belongings back. The prosecutor said some of those possessions may be considered and used as evidence, so they may not be returned.

On Nov. 14, Readiness Hearings were held at the Seattle Justice Center. There is a continuance on Tues., Nov. 18, to discuss specific setting and trial options. There are a few interesting legal angles going on. One of the prior defendants has plea bargained out. His video tapes were never returned to him, and the Seattle Police claim they "lost" his LEIU video tapes! (It kinda looks like the Seattle Police picked videographers, to seize their equipment, so that the independent media footage of the police rioting violently on peaceful protesters was in the hands of the police, not the protesters). Attorneys for the defendants have not only requested the defendants' belongings be returned, including their cameras and video footage of the LEIU protest, but they also requested records from the Seattle Police Department, Washington State Patrol, King County Sheriff's Department, and the LEIU organization itself. After many appeals, the attorneys have still not seen hide nor hair of any of these requested records or the defendants' belongings. On June 17, discovery requests were sent out by the defense team. Then on Sept. 8, these records were subpoenaed, still, to no avail. Then on October 9, the parties were sent a meet and confer letter. Still, the defense team has received no response at all.

On Nov. 14, the prosecution offered two of the LEIU defendants' cases be dismissed "without prejudice." That means they would let them off right now, but could bring the charges back later if they wanted to. Defense attorneys argued that there was no reason why SOME of the LEIU defendants would be offered this, and not all of them. They also argued they would prefer the dismissals be with prejudice, so these defendants cannot be criminally charged all over again on these same issues. Since the City Attorney was a no show, these issues could not be addressed, and are now on the table for Nov. 18, same bat-courtroom, same bat-channel.