I’ve written up an update on court yesterday (October 16th), which is below I also just want to say thank you to all the supporters, friends and family, calls and strength I have been receiving!
Below, the first two paragraphs are important updates and then I reposted the film and description of the most recent recent harassment of me.
LATEST CASE UPDATE
The judge heard oral arguments on the motion to dismiss in the furtherance of justice. This court proceeding went well–my lawyers did a great job of spelling out why the case should be dismissed. The judge reserved decision, but he did send my attorneys a letter out a few days afterwards. In this letter, Judge Fiorella indicated that he would be out of town and did not have enough time to produce the written decision before his departure. He went on to state that based on his tentative decision there would be no need for to prepare for trial. It’s clear to me and my attorneys that Judge Fiorella was planning to dismiss the case against me on October 16, 2012. We were instructed that he would issue a written decision and order that morning.
Yesterday (October 16th), Judge Fiorella responded to a motion put in by the DA to reconsider his decision of dismissal in light of a recent bogus arrest made on myself and new pending charges. The judge reserved decision again and has given my lawyers time to respond to this motion, and gave time for the DA to respond to our response of their original motion to not dismiss these charges. (NOTE: You can read for yourself the DA’s motion and, within it, its desperate attempt to paint me as a criminal and to pretend to have the public’s interest in mind, while the whole time guzzling up tax payer money on a politically motivated prosecution). In both alleged crimes, there was no one harmed besides myself, no property, no person, nothing, not even threatened, only the police were ones to use force and violence, and they of course to date have not been held accountable, and the original charges stem from over a year and half ago! The next court date the judge will most likely give his decision based on the new developments.
Both the new arrest and the old case are scheduled for November 15th, in City Court 50 Delaware at 9:30 in part 11, and at 2pm in part 6. Below is an explanation of the newest charges. Thank you to all the supporters, friends and family!
OTHER RECENT INCIDENT
Thursday, October 4, 2012, I was planning on participating in a soccer game at 7:30pm after having worked at the bookstore. I never made it to that soccer game thanks to the Buffalo Police Department. I rushed out of the bookstore to go home to grab my equipment and a sandwich. I parked right in front of my house, on the right side of the street but in the wrong direction. I have done this for years without a problem. I am regularly unloading my vehicle or running into my house to grab something then running off again. (Don’t worry I won’t be anymore!) When I came back out there were no police officers, but there was a box in the passenger side seat that I had to move to have enough room for my friend who was going to the soccer game with me. I ran the box inside into the house and less than a half minute later when I returned to my vehicle there were two officers. Attached is a statement prepared by the officers, which is not an accurate description of events. Since the DA reads and tries to use everything I write or speak on in the court against me, I will let just make use of the officers statement. I was charged with OGA obstruction of governmental administration. In addition, after being placed under arrest the police found a pocket knife in my jacket pocket. I am now facing a felony charge of criminal possession of a weapon because I have a prior misdemeanor conviction. The police booked and processed and I was required to spend a night in jail before I was arraigned before City Court Judge Craig Hannah the following morning. My truck was impounded, even though my father was there with keys to move it. The DA asked for $15,000 dollars bail for me, which my attorney, Daire Brian Irwin, vigorously argued against. Fortunately, I was released without bail and placed under supervision- probation every two weeks, I cannot leave Erie County without a permit. At a court appearance on October 10, 2012, we had on the new charges, the DA asked for a month to investigate this new “crime.” My lawyer says such a move is seldomly asked for and it has these new charges looming over head for the judges decision in my other case! At this case the DA offered my lawyer to bargain, to take combined plea deal for both cases. No thank you, both are garbage, and I will fight both. After that deal didn’t work, the DA filed a request of the court asking Judge Fiorella to reconsider his decision to dismiss the charges because I parked the wrong way and because I am such a ‘bad guy’ and a danger to the community.
The entire amount of time from when I first talked with the police to being arrested and being put in the back of the car was brief. We did not get that on video (Always remember: whenever you are in contact with the police begin taping immediately) Here, I have a video of friends and neighbors watching my truck be towed and me being taken away and them trying to get some explanations as to why this is happening, how this is protecting and serving the community? Just keep in mind I was already arrested and in cuff’s in the back of this car when this video was taken:
Things I will say:
– This pocket knife I had was a wedding present, which I received as being a groomsman in the wedding of a childhood friend this past summer. My name was actually engraved on the side of it.
– I was respectful and cooperative during the entire incident and did not do anything improper.
– I was in front of my own home. The police knew this after I told them and this fact was confirmed when I provided them with my drivers license.
– The knife is sold in New York State freely and legally.
– Though they searched for drugs and nothing was found. It should be noted that I don’t drink or use drugs.
– That this was an unjustified arrest and stop and frisk that is getting way out of control all over the USA.
– Why is the DA so hellbent on trying my case, and now using this incident which is ridiculous that should have no bearing of what happened in a case that took place over a year and half ago?
I ask every one who can please come out next month THURSDAY, NOVEMBER 15th at 9:30 a.m Part 11 with Judge Hannah, and THE SAME DATE to part 6 at 2pm with Judge Fiorella, Buffalo City Court, 50 Delaware Avenue, to await a decision on my motion for dismissal in the original case, where I was brutalized a year and a half ago simply for exercising rights guaranteed by the First Amendment and Article One, Section Eight of the New York State Constitution.
Again, thank you for all the support and I hope to see you Thursday, November 15th!
Many people have been asking for more information and updates on Nate’s upcoming (and past) trial. This people’s forum will be led by Nate’s awesome legal team, Daire Erwin and Michael Kuzma. They’ll talk about the ins and outs of the process, what’s happened in the past, what they’re trying to do now, and how they’re moving forward.
This is a good chance to come, get more information about what’s been going on with the trial, especially for people who haven’t been able to make it to the court dates. The goal is to help everyone understand the confusing array of stuff that’s happened and to stay updated on the legal strategy for Nate’s defense.
There will be a discussion following.
This event will take place at 7:00pm at Burning Books (420 Connecticut Street, Buffalo NY). Please come out and support Nate!
DISPATCHES FROM ANOTHER WORLD: A Benefit ‘Zine for Nate Buckley
The Nate Buckey Defense Committee is seeking contributions for a benefit ‘zine in support of anti-war protester Nate Buckley, who was maced and beaten by police officers at an April 2011 protest in Buffalo, NY. He is currently being prosecuted for trespassing, resisting arrest, and obstructing governmental procedure for the second time, following a mistrial.
One of the things we’ve discussed during this difficult time is how to turn such an ugly situation into something productive, something positive, and something beautiful. With this in mind, we are creating a ‘zine that engages the question:
“What does a just world look like?”
What would a world without racism, sexism, capitalism, prisons, or imperialism look like? What sort of relationships would we have in that world? What would we spend our days doing? What poems would we write, what songs would we sing, what things would we yell to each other in passing? What would grow over empty prisons, abandoned military barracks? What would spring up from the cracks in the barren shopping malls and deserted courthouses? How do we love in a just world? How do we speak?
Answer these questions or make up your own. Tell it to us in prose, poetry, essay, or visual art. What does a just world look like?
Yes, what we’re asking for is idealism at its best. We’re asking for radical creative acts. We’re asking for your wildest dreams, to put on paper and keep in our nightstands for nights when we wake up screaming or days when we can’t make it out of bed. We’re asking for you to imagine what a different world would look like. Then we’re asking you to share it.
The proceeds from this ‘zine will go to the Nate Buckley Defense Committee, but this ‘zine is not about him. It’s about what we want, what we yearn for, and what we mean when we say ‘another world is possible.’
Written work should be 1-1,000 words.
Visual art should be no larger than one 8×11 sheet of paper. It can be submitted in color, but will appear in black and white in the ‘zine, due to cost concerns.
Work can be submitted one of two ways:
Email to: NateBuckleyDefenseCommittee@gmail.com (most file extensions are fine)
Nate Buckley Defense Committee
c/o Theresa Warburton
363 Norwood Ave
Buffalo, NY 14222
ALL SUBMISSIONS ARE DUE BY SUNDAY, AUGUST 19th.
If you have any questions please email the Nate Buckley Defense Committee at: NateBuckleyDefenseCommittee@gmail.com. Feel free to share this call widely! The ‘zine should be out in early September, so keep an eye out!
Quick update from court, today we had our first pre-re-trial date! It was well attended by many supporters — thank you! We switched my representation from Leigh, who did a great job but has to leave because it was too much. Now, Daire Irwin will be the new lawyer. The DA offered no new plea deal, just the old plea deal which they offered in the beginning of the process last year which is a misdemeanor conviction. So, in turn we will have our next pre-re-trial hearing on Friday, August 10th to hear motions to dismiss, and if that is unsuccessful we will move to trial, which is set for the week of October 15th. Please set aside dates!
Other than that, we had a great press conference afterwards where we had amazing speakers, Sarah Buckley, Russell Brown, Nan Simpson, and John Washington, who did an amazing work by conveying our message of anti-war, right to free speech, no police brutality, stop wasting our money, don’t use “McCarthyite” tactics to prosecute this, go after the police who acted aggressive, the ones who protected private bank with public funds from an peaceful crowd, the ones who brought the guns, tazers, mace and clubs. Really hands off to the speakers. And we followed it by some singing together with the assistance of Josh Cerretti’s guitar playing.
Please Keep signing the petition, spreading the word, and if you can please donate for now legal fee’s and transcript fees, you can donate to by going to paypal and sending money to email@example.com through paypal. Thank you everyone for the support!
Its a sad day when this song still rings true. How about we bring pressure to bear to stop these horrible wars of aggression, and stop beating the people who speak out about it. I find it incredible that the US can decide it is needed all around the world and invades foreign countries it has no business being in, with out UN approval but can’t seem to intervene to stop police brutality, rape, hunger, human rights abuses in all its jails and prisons.. ect in this country. War, Malicious Prosecution, prisons are all big business. It isn’t that these issues can’t be solved the people who don’t want these issues solved.
Picket lines and picket signs
Don’t punish me with brutality
Talk to me, so you can see
Oh, what’s going on
What’s going on
Ya, what’s going on
Ah, what’s going on
An active contributing member of his Buffalo community, Nate Buckley was maced in the face and arrested last year in April 2011 at an anti-war demonstration. Here is a short video documentary on what happened that day:
Nate was with a group of peaceful protesters, marching through Buffalo without incident – stopping for short rallies at key locations, such as City Hall. When they reached the financial district for singing and a speak out, they stopped mostly on the sidewalk but some were on a ledge familiar to most in the group as a gathering place for the public to eat and enjoy the sun on their lunch breaks.
What the group didn’t realize was that the ledge and the area behind it – a fountain area with seats , also frequented by and in fact designed for the public – was allegedly owned by M&T Bank.
M&T Bank doesn’t normally call the police when people gather for lunch on their property but when people are there to speak out about important social issues, the formerly unrestricted space suddenly becomes off limits. Fortunately, the quick turn to violence brought by police actions was caught on video.
Rather than focusing on keeping people off of bank property, the transit police officers used intimidating tactics to break up the demonstration. They scuffled with Nate when he attempted to talk to one of the officers. One of the officers actually pulled out his taser in a move designed to instill fear in those participating in the demonstration. The police steered protesters onto the area allegedly owned by M & T Bank by dragging and eventually spraying mace directly into Nate’s eyes, inches away from his face!
Nate is accused of trespassing, obstructing governmental administration and resisting arrest. He faces up over two years in prison if convicted on all counts. His trial lasted a week and a half, however, a mistrial was declared after one juror had an improper communication with the judge. Now, the District Attorney is ready to use the vast weight and resources of his office to try Nate once again.
The prosecution brought up Nate’s and even his family members’ active involvement in their community with important social and environmental issues as if this was evidence of a crime. The prosecution also brought up the fact that Nate spoke out about what happened to various news outlets as if this exercise of First Amendment rights was an example of guilt.
It is clear from the video evidence that the only person that suffered as a result of this incident was Nate Buckley. In his brief time on the force, the NFTA officer that maced Nate in the face had already thrown an elderly man on the ground because he for using a bus station restroom. (http://www.buffalonews.com/city/police-courts/courts/article202874.ece)
The prosecution of this case is an affront to free speech and our right to assemble. The charges against Nate should be dropped immediately! Sign our petition to the District Attorney urging him to drop the case against Nate!