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Snafu by cops halts trial of activist arrested in Lexington

by Bridge staff

Wednesday, September 15— "This has happened before, four or five times… I can't hide the frustration in my voice," said the judge. "I can't believe this is happening."

Lexington police officer John Frissore had just finished testifying for the prosecution in the jury trial of pro-Palestine activist Pete Lowney.

Defense attorney Beverly Chorbajian asked Frissore whether anything was missing from the copies of his arrest report that she and the D.A. had been given by the Lexington Police Department.

"Oh, that's just the synopsis," Frissore said. "I have the full report with me here today."

Whereupon the officer pointed from the witness stand, another rushed to the bench he and other cops had occupied an hour earlier, snatched up a document in full view of a dozen of Lowney's supporters, and left the courtroom with it.

That's when Justice Robert J. McKenna lost it. "This is just a waste of everyone's time and money," he shouted. "It would be one thing if it happened once or twice, but it happens all the time" with the Lexington police.

The jury was told to leave the room. It was a mistrial. A date was set for a new jury trial November 9.

The spectators smiled and frowned among themselves, wondering why Judge McKenna couldn't just throw the case out. Instead he lashed out at them: "Stop smiling young lady. There's nothing funny about this. It is a waste of everybody's time!"

"I was ready to go forward today," said Lowney after McKenna stopped the trial. "I don't have a life to give away for this."

Pete Lowney and his mother emerge from the Concord courthouse as friends and supporters wait. [photo: annie butler]

He had refused to cop a plea or accept probation from the Court because he wanted to clear his name and show that the charges against him were false.

An email calling for supporters to attend Lowney's trial was intercepted by the State-Federal antiterrorism "Fusion Center" and passed on to District Attorney Coakley's office, whereupon it was entered into evidence.

Boston Independent Media carries an article with comments on this at

http://boston.indymedia.org/feature/display/187278/index.php

Afraid it's worse than that, your honor

Supporters, friends and relatives called the case against Lowney "fabricated charges designed to stifle free speech."

On October 23, 2005, Israeli consul Meir Shlomo was speaking in Lexington at an event which was open to the general public.

Outside, on the public sidewalk, a small group was holding a peaceful vigil. One of the group, Pete Lowney, was attacked by John Frissore and other Lexington police officers.

Frissore testified that the four picketers interfered with his duties because "people, being curious, were looking at them… they were distracted from me and my signals."

The Lexington police officers were on paid detail for the organizers of the Israeli government speaking event.

"Pete was on a public sidewalk peacefully demonstrating with two other antiwar activists," said his supporters in an email, "when Frissore and other Lexington police officers violently plucked him from the sidewalk, tore away his sign, beat him up, and arrested him.

"The police initially refused to tell us what Pete had been arrested for. They said the charges would be determined at the police station. Pete was taken to the Lexington Police Station where he was booked and then re-booked again as the police fabricated additional charges."

By the time Pete Lowney was arraigned in Concord District Court the next morning, he was charged with disorderly conduct, trespassing, resisting arrest and assault & battery on a police officer.

"The charges against Pete are completely bogus. We were peacefully vigilling on a public sidewalk and were not trespassing. Pete did not touch any police officer in any way and did not physically resist while they were dragging him off the sidewalk, beating him up and arresting him," said the email.

A message from Pete Lowney

All of the charges against me have been state repression fabricated against a law abiding citizen simply because I voiced or demonstrated an opinion that was counter to the prevailing powers criminal agenda.

I then report on this so people can see the true nature of individuals and institutions which cloak their genocidal programs in otherwise socially acceptable activities.

The system is a machine that crushes and kills people who have done nothing wrong so I don’t go into it without friends and witnesses who care about their world and understand the importance of speaking out against the lies, real trespass and mass murder of war and occupation.

I run out of energy risking my life and my health and my personal well being doing this for people so far away so I stay with people who understand the absolute importance of standing up to the fascism and deception that rules these lands and has enslaved so many peoples minds.

It is the court and the police who are making a political hoopla by working together to destroy the lives of people who believe that genocide, ethnic cleansing, rape, torture and military terrorism should be publicly and verbally opposed. They try and crush people who do speak out, and others nearby, to send a message to people not to oppose them.

I want to demonstrate my awareness of this to expose what they are doing before they try me. I want people who care to call and complain about what they are doing. I want people to show up and demonstrate their concern about the world and the people who live in it. I want them to know the whole world is watching.

I ask everyone to call the local government, police and D.A’s office to ask the charges be dropped and to voice concern about the rise of totalitarianism in America and the fall of bombs on the Middle East.

Thank you,

Pete

contact information

Lexington Police Department: (781) 862-1212. Commanding Officer Fax: (781) 862-6491 E-Mail Policeinfo@ci.lexington.ma.us

Arresting officers— John Frissore and Joe O'Leary, Oct 23, 2005.

District Attorney’s Office, Concord District Court (978) 369-0225 (978) 369-0500 Main Number 305 Walden Street Concord, MA 01742-3616

Lexington Board of Selectmen, Jeanne K. Krieger, Chairman, (781) 862-0500 x208 E-Mail selectmen@ci.lexington.ma.us