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“Hancock 17” Drone War Crimes Resisters Verdict
Read or hear their Jan 31 Closing Statements
On Friday, January 31, the Hancock 17 Drone War Crimes Resisters trial concluded with Closing Arguments. Eight defendants gave legal and moral Closing Arguments, concluding that they be acquitted of disorderly conduct and trespassing, charges they had received after symbolically blocking the gates of Syracuse's Hancock Air National Guard Base (home of the 174th Attack Wing) on October 25, 2012. Their ongoing nonviolent actions there call for an end to drone warfare.
Legal arguments addressed both international law as well as faults with the charges themselves.
Since drone attacks embody terrorism, the defendants were not defying the law, but rather upholding international law and the U.S. Constitution, which holds that treaties made are the supreme law of the land. While due process is fundamental to the U.S. legal system, drone attack victims are not afforded that luxury, so the defendants acted as first responders to the scene of a crime - Hancock Air Base. They argued that judges even at the local level are bound by international law, as wars of aggression and drone assassinations are crimes against peace and humanity. They challenged Judge Gideon to acknowledge his obligation to acquit them.
On October 25, 2012 the defendants were petitioning their government for redress of grievances, as protected by the First Amendment of the U.S. Constitution.
Three defendants had just returned from meeting drone attack survivors in Pakistan only weeks before the action. Others had been to war-torn Afghanistan. Another had experienced the U.S. "Shock and Awe" attack on Baghdad. They lamented how difficult it was to make the horror of drone attacks real for the judge and prosecutor. One defendant addressed his spirituality, stating that when you see actions that are evil, you must not look away, but instead cooperate with the work of the spirit and do good. Another brought the conversation back home, saying that war has a cost and a face right here at home in the number of people in jails, and that the amount of money going into warfare could be spent much more productively here.
The defendants argued that the elements of the charges could not be proven beyond a reasonable doubt. They did not actually interfere with traffic since the gates were already closed and Base personnel chose not to open them. Both the prosecution witnesses and the defendants had testified that the action was orderly and nonviolent; the Nonviolent Pledge the defendants had all taken was read aloud. Since there were no base boundaries beyond its surrounding barbed-wire fence marked and no two prosecution witnesses could agree on the exact location of any other boundary, it was impossible to tell if the defendants had been on public or private land.
Assistant District Attorney Jordan McNamara argued that the defendants were well aware of the Base boundaries and that their intent was to block traffic and disrupt business as usual on the base. He did not address the international law or Constitutional issues raised.
The defendants are a part of Upstate NY Coalition to Ground the Drones and End the Wars (also known as Upstate Drone Action) which seeks to educate the public and Hancock personnel about the war crimes perpetrated in Afghanistan with the MQ9 Reaper drone piloted from Hancock. See upstatedroneaction.org.
Previously two people pled guilty and two had their charges dismissed. The defendants who will be receiving a verdict on Friday are:
Elliott Adams, Sharon Springs NY
Judy Bello, Rochester NY
Dan Burgevin, Trumansburg NY
Mark Colville, New Haven CT
Clare Grady, Ithaca NY
Mary Anne Grady Flores, Ithaca NY
Brian Hynes, Bronx NY
Ed Kinane, Syracuse NY
Rae Kramer, Syracuse NY
James Ricks, Trumansburg NY
Mark Scibilia-Carver, Trumansburg NY
Patricia Paki Weiland, Northampton MA.
-- carol baum ###