DA: Feds may still be watching "the Lafayette eight"
The Lafayette 8 are community activists with Homes Not Jails. They were arrested last April 14th while planting flowers and a small tree on Lafayette square at the intersection between Mass Ave and Main street. They are each charged with breaking and entering related felonies at the abandoned Shell station on the lot.
The activists were held up at gun point by undercover cops who refused to identify themselves. Two of them, who are under age 18, were placed on probation near the beginning of the summer.
The six remaining defendants of the Lafayette 8 appeared in Middlesex District Court on September 21 for yet another attempt to have the prosecution comply with the deadline for turning over requested potentially exculpatory evidence.
Attorney Daniel Beck had requested that information from any law enforcement agencies that had been surveilling the Home not Jails members before and at the time of the arrest, because documented information about their plans for a free concert in Lafayette Square on the night of the arrests would only confirm the fact that the 8 were not there to commit larceny, but to clean up the site and host a concert for the community.
This is the second time the prosecution has failed to turn over the requested information The DA tried to argue that it might not be possible to turn over such information, as investigations may still be ongoing, since some of the defendants are involved in "anarchist-type" organizations.
Attorney Beck remarked to the judge, "I was not aware of the anarchist exception to the rules of evidentiary discovery." The judge ruled that each side should submit a memo as to their motions for evidence and return to court on Oct. 12.
The defendants need not appear for this date. We hope the judge agrees that there is no such anarchist exception. If there is, then so much for democracy.