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Anti-Bush protester on trial for convention actions
by Daryl Kahn    NYNewsday.com
Entered into the database on Thursday, June 23rd, 2005 @ 01:59:19 MST


 

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'BUSH LIES, PEOPLE DIE' - CODEPINK's June Brashares, 40, being hustled off the RNC convention floor by two political operatives.

In her opening statements in jury room 5 of Manhattan Criminal Court Tuesday, Assistant District Attorney Jessica Troy said: "This is not a case about politics."

However, everything about the case suggested otherwise.

On one side of the courtroom sat protester June Brashares, 41, who unfurled an anti-Bush banner during his acceptance speech. Brashares is on trial for kicking two political operatives who dragged her out of Madison Square Garden, injuring one.

On the other were the two plaintiffs, Shaun Flanigan, 27, who works for a Republican assemblyman in California, and John Peschong, 43, who is employed by a public relations firm with close ties to the Republican Party and who himself was a former employee for the Republican National Committee.

On its face, it is a case about a handful of misdemeanors, a pair of shoes and an anti-Bush bedsheet. But for Brasheres' attorney Robert Gottlieb, it is a question of free speech. In his opening remarks, he said his client was targeted by political partisans for her message, and wrongfully removed from an event she was legitimately credentialed to attend.

He said despite all the other people "hooting and hollering" during the festivities that night, everyone was allowed to go home "happy."

"Except for one person," he added. "One person who left in shackles and handcuffs and is incredibly charged with a crime."

On the night of Sept. 2 both Peschong and Flanigan were what are known as floor whips, political operatives who help choreograph the convention.

"Anything that wasn't pre-approved by the RNC wasn't allowed on the convention," Peschong said.

So, when Brashares, who was standing on California Governor Pete Wilson's chair, unfurled a white bedsheet with the words "Bush Lies People Die," both men said they recognized that it wasn't an RNC-authorized sign.

Flanigan testified that as he got into a tug-of-war with Brashares over the sign, she was pulled off the chair and then braced herself on all fours. While he tried to lift her up by the arms, Flanigan said she reared back and kicked him in the left leg. He said he thought it was that kick that created a deep gash in his leg.

Peschong said he arrived seconds later and helped rush her out of the main hall.

Both men testified that the ensuing chant of "four more years," which interrupted Bush's speech, was also part of the script. They said the floor whips were told to stir up a chant to drown out any protester.

One central question in the case hangs on whether Brashares was wearing a pair of two inch black pumps. The prosecution believes it is the heel of the shoe that caused the gash. Gottlieb said Brashares took them off to stand on the chair.

Brashares is one of 50 defendants to go to trial. If found guilty, she face up to a year in jail.

Gottlieb said Brashares was offered a deal by the Manhattan district attorney's office to plead guilty to a disorderly conduct. She refused.

"She didn't do anything wrong," he said.

During his questioning of Peschong, Gottlieb asked the floor whip: "This convention, it took place in America, right?"

Before he could answer, Troy stood up and objected.

Judge A. Kirke Bartley, Jr. sustained the objection before she could sit down.