David McKay RNC Trial Happening This Week at Federal Courthouse in MPLS
The trial began on Monday with opening statements from Asst. U.S. Attorney Jeff Paulsen and McKay's lawyer, Jeffrey DeGree. Tuesday morning, the prosecution began presenting their witnesses. McKay's previous co-defendant Bradley Crowder took a plea agreement earlier this month and faces 30 to 46 months. Each of the three firearms charges still faced by McKay carry a maximum of ten years in prison. Activist-turned informant Brandon Darby testified earlier this week; FBI informant Andrew Darst (aka Panda) was on the prosecution's witness list but did not testify. It has been revealed that Darby has been paid approximately $12,000 by the FBI for assistance in this case and a case prior to meeting McKay and Crowder in February of 2008. Darby is also working on cases that "it's best not to talk about right now," according to FBI Special Agent Tim Sellers.
UPDATE Friday 5:10 pm: No verdict yet, jury reported a split earlier, judge sent them back to keep at it. Then a sealed hearing was held, and media and the gallery got booted. Judge just now: See everyone on Monday. More updates to follow tonight on TC-IMC (phone batteries low!) Stand by... (Star Tribune reported an update around 3 PM on jury deadlock)
UPDATE Friday 12:30 pm: Courtroom update: Jury's been deliberating for 6-7 hours so far, verdict still possible today. The jury just asked about the difference between 'inducing' and 'persuading' an illegal action as a part of considering 'entrapment,' IE what it means when a government agent such as Brandon Darby provides a 'favorable opportunity' to build the molotov cocktails. Both the prosecution and defense agreed not to say anything. This is basically good news, in the sense that at least the jury is fixed upon the right question: Darby's efforts to entrap McKay. Stay tuned - we will twitter @tcimc if/when a verdict is reached. [CORRECTION: The original update & twitter said "postulating" instead of "persuading". Our bad! --TCIMC]
UPDATE Thursday 5pm: The jury has been deliberating for two hours and will resume deliberations Friday morning at 8:30am.
UPDATE Thursday 11:45 AM: Witnesses have concluded. Closing statements are expected after lunch, and it is likely the jury will start deliberating around 3 PM. A verdict today is possible! Stay tuned...
UPDATE Wednesday night: Trial will resume Thursday at 9:30am (following a charge conference regarding jury instructions at 8:45) on the 15th floor of the courthouse. On Wednesday, after Brandon Darby's testimony, the prosecution called other witnesses and rested its case, and David McKay took the stand in his own defense. After the jury left late in the afternoon, the defense and prosecution argued about jury instructions regarding entrapment, with Asst. US Attorney Jeff Paulsen asking the judge to disregard precedent and change the language defining entrapment, saying "McKay had no intention to make molotov cocktails in February [before he met Darby]" and that if the question of entrapment is to be decided relative to that first meeting, he would be unable to prove his case against McKay and the jury would have to find him not guilty. (More detailed report to follow.)
At least two more defense witnesses will testify Thursday.
The trial began on Monday with opening statements from Asst. U.S. Attorney Jeff Paulsen and McKay's lawyer, Jeffrey DeGree. Tuesday morning, the prosecution began presenting their witnesses. McKay's previous co-defendant Bradley Crowder took a plea agreement earlier this month and faces 30 to 46 months. Each of the three firearms charges still faced by McKay carry a maximum of ten years in prison. Activist-turned informant Brandon Darby testified earlier this week; FBI informant Andrew Darst (aka Panda) was on the prosecution's witness list but did not testify. It has been revealed that Darby has been paid approximately $12,000 by the FBI for assistance in this case and a case prior to meeting McKay and Crowder in February of 2008. Darby is also working on cases that "it's best not to talk about right now," according to FBI Special Agent Tim Sellers.
Detailed day-by-day updates from the trial will be posted to TC Indymedia throughout the week:
McKay Trial Day 1 Notes by RNC Felony Working Group | Trial Day 2 Notes | See also: Free the Texas 2 | Darby involved in Angola prison repression? | Common Ground and Conflict: Looking Back
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Comments
We're looking forward to the coverage
Us down here in Texas are looking forward to the coverage from TCIMC. Free the Texas 2! Fuck Brandon Darby!
Brandon Darby made a fucking coward of himself today.
Need I say anything aside from the subject line?
What I witnessed in court today was one of the worst example of humanity I've ever seen in my life. He could hardly keep a straight face during his testimony. Especially when that coward had the guts to claim that he once "worried about political prisoners".
I wouldn't piss on this piece of shit to put out a fire.
Next up in "Snitch Fest 09" Panda (AKA Andy Darst).
Isn't this all a joy?
Should be Televised
Please give more updates and details.
How shameful the US DA is putting so many resources into prosecuting this young man. With so many real criminals out there.. just this past week another man shot and killed in Minneapolis. How many children abused, sold, used, raped etc this week? and the US gov is wasting time on this.
Shame on Mayor Coleman, Mayor Rybak, all St. Paul Council people.. Ramsey County DA..etc..
and especially the media
types of inducement
just found this on the internet from the supreme court:
types of inducement ("including persuasion, fraudulent representation, threats, coercive tactics, harassment, promises of reward or pleas based on need, sympathy or friendship")
more legalese from the internet on entrapment
ENTRAPMENT
- A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.
However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy
, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.
On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.
In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:
- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.
- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.
- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.
On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.
lawyer
i wish the lawyer had mentioned this to the jury when they asked about it.
support, updates, articles,
support, updates, articles, informant issues:
http://www.freethetexas2.com/
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