PROTESTERS: LOCAL LAW SUPERCEDED

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP91-00587R000200740031-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: August 6, 2010
• Sequence Number: 31
• Publication Date: October 4, 1985
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/08/06: CIA-RDP91-00587R000200740031-7
ITHACA JOURNAL (NY)
4 October 1985
Protesters:
Local law
superceded
L (3 By JEFFREY YOHN
Journal Stiff
SYRACUSE - A city judge in
Thursday's trial of an Ithaca group
charged with misdemeanor crimi-
nal trespass allowed, as evidence,
testimony that implicates the Unit-
ed States government in illegal ac-
tivities in Nicaragua.
Seven members of the Nicara-
guan Affinity Group were charged
following an incident June 12 when
they protested U.S. support for
contra rebels in Nicaragua. The
Ithaca group was one of seven that
refused to leave U.S. Sen. Alfonse
D'Amato's (R-N.Y.) regional of-
fice in Syracuse when the office
closed.
City Court Judge Mathilde C.
Bersani ruled the defendants had
an affirmative justification defense
of their actions. The defense ar-
gued, on constitutional and inter-
national law, grounds that the ille-
gal acts by the CIA justified the
protesters' acts -21W took prece-
dence over any local laws.
She allowed them wide latitude
in presenting evidence - despite re-
peated objections from Onondaga
County Assistant District Attorney
David Primo.
Acting as their own counsels, the
defendants called five witnesses, in-
cluding two former CIA employ-
ees, to establish illegal actions insti-
gated by the U.S. government in
Nicaragua.
Although the defendants' lack of
courtroom experience kept the trial
from moving smoothly at times,
defendant Dale Hathaway scored
points when he got Primo to stip-
ulate that the U.S.-backed contras
illegally carried out attacks against
medical and educational facilities
in Nicaragua.
The two former CIA employees
testified there is a concerted effort
by the Reagan administration to
subvert and overthrow the Sandi-
nista government in Nicaragua.
David MacMichael, who once
was hired by the CIA to determine
whether the Sandinistas were trying
to export revolution to other Cen-
tral American countries, testified
that the government lied about the
Sandinista threat.
"There was no existence of an
arms flow from Nicaragua to El
Salvador. The administration
heard - but they made no change
i- . the allegations," MacMichael
.aid.
John Stockwell, a 13-year CIA
veteran and now an author and lec-
turer on CIA "dirty tricks," testi-
fied that U.S. action in Nicaragua
follows a long-established pattern.
"Nicaragua is the largest and
most public covert action we run.
But the important change is that
the Reagan administration is proud
of its activities," Stockwell testi-
fied.
He testified in graphic terms
about what he called the tortures
and murders of innocent Nicara-
guans by the contras.
"It's important for the public to
know this information because the
government tries to cover it up,"
Hathaway said in response to an
objection from Primo.
Three other witnesses - Walter
Babcock and John Ferger of Ithaca
and Dillwyn Otis of Aurora - tes-
tified of their personal experiences
in Nicaragua and how the contra
war adversely affects the country
and the people.
The defendants cited the First
Amendment guarantee to "petition
for redress of grievances" as the
foundation of their defense in re-
fusing to leave D'Amato's office.
"We weren't going to leave until
D'Amato refused to support viola-
tions of the law he swore to
uphold," Hathaway said.
Bersani refused to allow certain
evidence not relevant to Nicaragua
and did not accept into evidence a
purported copy of the CIA terrorist
manual distributed in Nicaragua.
"You can't try to put the U.S.
government on trial for past
crimes," the judge told the defense.
"It's a victory just to get all this
evidence in," said Eric Patterson,
another of the defendants.
MacMichael, who has testified in
World Court that the United States
violated international law, said out-
side the courtroom that the judge
was more accommodating in this
trial than in others.
"I think I made a little head-
way," MacMichael said.
The trial is scheduled to wrap up
today, with closing statements by
each defendant. Bersani has indi-
cated she will issue verdicts on the
case early next week when she ad-
dresses six other trespassing cases
that stemmed from the June 12
protests.
The defendants are: Hathaway,
Patterson, Neil Golder, Pierre La-
Ramee, Judy Przybek, Frank
Brooks and Steve Gibson.
Sanitized Copy Approved for Release 2010/08/06: CIA-RDP91-00587R000200740031-7