Judge allows case against protesters to go to trial

By Christy Gutowski | Daily Herald Staff

Published: 4/10/2008 1:17 PM

Two DuPage County [suburban Chicago] war protesters lost a bid today to
get disorderly conduct charges dismissed, clearing the way for a summer
trial.

DuPage Associate Judge Ronald Sutter ruled enough probable cause exists
for sheriff's police to have made the arrest. He set the trial for June
9.

Sarah Hartfield of Naperville and her friend, Jeff Zurawski of Downers
Grove, were accused of misdemeanor disorderly conduct after a May 6,
2007, demonstration along a highway overpass.

The two rode their bikes to a pedestrian bridge that spans I-355 near
Glen Ellyn and unfurled a banner that read: "Impeach Bush and Cheney -
liars." They also displayed an upside-down American flag.

Weeks later, DuPage County sheriff's deputies pursued criminal charges
after they said a passing trucker complained.

Initially, prosecutors accused them of tossing something onto the
roadway, causing motorists to swerve, and illegally displaying a sign on
a highway. Later, though, they amended the disorderly conduct charge to
allege the two made a throwing "motion" toward motorists.

The protesters deny pretending to or actually throwing anything and
allege they are being prosecuted because of their political beliefs.
Their arrests sparked a letter-writing campaign, petition drives,
Internet forum debates and several small protests outside the Wheaton
courthouse.

Zurawski said he's heard from folks as far away as Australia, Britain,
China, Ireland and the United Kingdom.

On Thursday, about two dozen supporters from groups such as DuPage
Against War Now and the DuPage Peace Through Justice Coalition came to
court.

The protesters' attorney, Shawn Collins, argued prosecutors lack any
evidence of wrongdoing. But prosecutor Johnnetta Sanks played in court a
recording of a passing truck driver's 911 call alerting police to the
demonstration.

The trucker, Charles Hardin, also testified that while he never saw
either of the defendants throw anything, the demonstration did cause
alarm on the roadway below.

"I was pretty sure there was going to be an accident," he told the
judge. "I observed everyone trying to get out of the middle lane. It was
an erratic - not normal - traffic pattern. We came almost to a crawl."

Though Sutter ruled there's enough probable cause for the arrest,
prosecutors must prove a higher standard - proof beyond a reasonable
doubt - to glean a conviction at trial.

In response to some of the public criticism surrounding the case, DuPage
State's Attorney Joseph Birkett has said he is all for free speech, but
not when the law is broken and the public is put at risk.

If convicted, Hartfield and Zurawski face fines and up to one year
behind bars. Neither has a criminal history.

From
http://www.dailyher ald.com/story/ ?id=170395
 

___________________

 

The following is from the DAWN October 12 newsletter email:

 

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The following is from the DAWN September 19 newsletter email:

HELP DEFEND The Constitution of The United States of America
____________ _________ _________ _________ _________ _________ _

October 11th, 2007

12:00 Noon-1:30

A  PEACEFUL DEMONSTRATION 
Near the Office Building Of:
Joseph Birkett, DuPage County States Attorney
503 N County Farm Road
Wheaton, IL 60187

** This Peaceful Event Is Being Held Near A Busy Workplace. We Must
Always Be Respectful Of The Workers and Visitors.**
____________ _________ _________ _________ _________ _________ _

HELP PROTECT

1st Amendment Rights Of All Citizens

The Defendants

Sarah M. Hartfield is a 45-year-old woman who lives in Naperville. A
proud mother of two beautiful daughters and the grandmother of two young
boys. She's a dedicated hospice health care worker.

Jeff Zurawski is a 39-year-old man residing in Downers Grove. He is a
self-employed, professional home inspector who has a passion for the
great outdoors, especially fishing and camping.

Sarah and Jeff are fed up with the war in Iraq and the Bush
Administration. They believe America is in deep trouble because the
White House is aggressively pursuing policies that have led to mass
death and destruction. They took action.

 

Timeline of Events

May 6th - Jeff and Sarah displayed a homemade banner that read, "IMPEACH
Bush & Cheney - LIARS" on a pedestrian bridge over Highway I355 in view
of motorists. Alongside the banner was an upside down American flag,
which is a well-known traditional distress signal. After ninety minutes
or so, an Illinois State Trooper stopped and politely asked the duo to
remove their signs. Jeff and Sarah respectfully complied with the
officer's request. Then, three DuPage County Sheriff's Deputies
arrived. One Deputy accused them of throwing things from the bridge and
took issue with the upside down flag, which he said was a show of
disrespect to him, being a war veteran, and to his son who is serving in
Afghanistan. The Deputy threatened to arrest Jeff and Sarah and said he
would call the States Attorney. The two were eventually released
without a citation.

May 25th - Jeff was arrested at his home and taken to DuPage County Jail
in handcuffs where he spent over seven hours in custody. Sarah turned
herself in a few days later. She was also placed in handcuffs and spent
two hours in custody being processed. The two were charged with
'disorderly conduct', a class C misdemeanor punishable by up to 3 months
in jail and a $1,000 fine.

June 27th - Jeff and Sarah appeared in court with a support group
consisting of friends, family, and local activists. Their lawyer filed
a motion to dismiss the charges and requested a jury trial.

July 6th - DuPage County States Attorney Joseph Birkett amended the
'disorderly conduct' charge to include additional counts of 'reckless
conduct' and 'unauthorized display of sign', each class A misdemeanors
punishable by up to a year in jail and $2500 fine.

July 16th - Jeff and Sarah appeared in court with their attorney and
dedicated support group. The prosecutor offered a plea bargain, which
was declined.

July 30th - A jury trial was scheduled for October 15th at 9:30am,
DuPage County Criminal Court, Building 505, Room 4007.

The Charges and The Facts

Disorderly Conduct 720 ILCS 5/26-1(a)(1) - "Defendant knowingly without
a county permit, staged a war protest on the Great Western Trail
overpass in unincorporated DuPage County, Illinois causing a traffic
disturbance because unknown objects were being thrown onto the
expressway, as well as the American flag being displayed in an upside
down manner from the overpass."

Reckless Conduct 720 ILCS 5/12-5(a) - "Defendant endangered the bodily
safety of motorists traveling on southbound I-355 approaching a highway
overpass, known as the Great Western Trail Overpass, in that, while
acting in a reckless manner, threw debris from the Great Western Trail
Overpass onto southbound I-355, while motorists were plainly visible and
were traveling in close proximity to the overpass."

FACT: Jeff and Sarah did not throw anything from the overpass.
FACT: Traffic flowed normally during the protest.
FACT: No law prohibits displaying an American flag in an upside down
manner, which is a well-known traditional distress signal.

Unauthorized Display of Sign 625 ILCS 11-310(a) - "Defendant displayed
an unauthorized sign and upside down American flag on a highway
overpass, known as The Great Western Trail Overpass, which interfered
with the movement of traffic."

What The Law Book Says: "Unauthorized Display of Sign - No person shall
place, maintain or display upon or in view of any highway any
unauthorized sign, signal, marking, or device which purports to be or is
an imitation of or resembles an official traffic-control device or
railroad sign or signal, or which attempts to direct the movement of
traffic, or which hides from view or interferes with the movement of
traffic or the effectiveness of an official traffic-control device or
any railroad sign or signal."

FACT: Jeff's and Sarah's "IMPEACH Bush & Cheney - LIARS" sign and
upside down flag didn't purport to be or in any way resemble an official
traffic control device or railroad sign.
FACT: Jeff's and Sarah's signs did not attempt to direct, nor did they
interfere with, the movement of traffic.
FACT: There are no traffic control devices or railroad signs anyplace
near the bridge where Jeff and Sarah stood with their display.
FACT: The signs were displayed against the inside of the bridge's
eight-foot-tall chain link fencing. There was no danger of them falling
off the bridge.
FACT: The Illinois State Trooper who first arrived at the scene did not
ask Jeff and Sarah for their identification, nor did he receive any
complaints regarding traffic disturbances or objects being thrown from
the bridge.

** This Peaceful Event Is Being Held Near A Busy Workplace. We Must
Always Be Respectful Of The Workers and Visitors.**

What You Can Do To Help

Attend the peaceful demonstration at the States Attorney building (503
N County Farm Rd) on October 11th at 12:00
noon. Stand up for Free
Speech Rights!

** This Peaceful Event Is Being Held Near A Busy Workplace. We Must
Always Be Respectful Of The Workers and Visitors.**

Contact the States Attorney and request that all charges against Jeff
and Sarah be dismissed.

Joseph Birket, States Attorney
503 N County Farm Rd
Wheaton, IL 60187
stsattn@dupageco. org
630-407-8000

Contact the DuPage County Sheriff. Let him know what you think about
his Deputies' behavior.
John E. Zaruba, DuPage County Sheriff
501 N. County Farm Rd.
Wheaton, IL 60187
sheriff@dupageco. org
630 407-2400

 Support Jeff and Sarah and the 1st Amendment by attending the trial -
October 15th, 9:30am, 505 N County Farm Rd, Room 4007. It is expected
to last 2-4 days.

 

 

 

Enliven and enrich your social life by joining Diversity Dinners this year!

Many of us as "members" of certain heritage, belief, work, political, and other "identity" groups tend to spend time mostly with "our own kind". However since 1997, Diversity Dinners have been acquainting Naper Area folks with "other kinds" of really interesting people. v11