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Saturday, December 8, 2007

[wvns] Anti-Zionist protester faces jail time

BU protester fined, could face jail time
Activist arrested last year at CGS protest
Taylor Miles
12/6/07

http://www.dailyfreepress.com/


At the long-awaited trial of a "pro-Palestine,
anti-Zionist, anti-imperialist" political activist who
was arrested last year at Boston University, freedom
of speech once again became the center of debate.

Pete Lowney, 37, was convicted yesterday at the
Brighton District Court House for possession of a
wiretapping device, sentenced to up to two years in
jail and fined $500. The judge threw out a disorderly
conduct charge.

The judge suspended the sentence until June 2008. If
Lowney does not violate the terms of his probation, he
will not be sentenced for the offense.

Lowney's "wiretapping device" was a video camera he
used to record the police officer who tried to make
him stop protesting at BU in December 2006 after the
cop thought the recording device was off. In addition
to the fine and potential jail time, Lowney is also
required to take the video of the officer arresting
him off the Internet.

Lowney's lawyer disputed the wiretapping device
charge.

"The [wiretapping] law is designed to punish people
who are secretly recording," said defense attorney
Beverly Chorbajian. "Our position is that there was
nothing secretive about it. The officer knew that this
[video] camera was being used."

Lowney and a friend were arrested outside the College
of General Studies in December 2006 while protesting a
Darfur event organized by the BU School of Public
Health.

"The officer approached the protesters and asked, 'Are
you taping me? I don't want to be taped,'" the
prosecuting attorney said in court. "The protester put
the camera in his pocket, and at that point the
officer thought that the camera was off, so that
portion of the recording was done in secret."

Witness David Rolde, who demonstrated with Lowney last
December, said the charges are completely unjustified.

"We were standing outside on a public sidewalk. We
weren't blocking anything, and [Lowney] had the camera
in plain view," Rolde said.

The Darfur event, titled "Accountable to Humanity:
Justice in Darfur," sought to inform students about
the crisis in Darfur and educate them about
opportunities to get involved and help victims in the
war-torn region.

"They are making up racist lies about Sudan to justify
[a United States] invasion," Lowney said. "Sudan's an
oil-rich country. The Save Darfur group is making up
any reason they can to invade."

Lowney and Rolde were holding an 8-by-4-foot banner
expressing their controversial opinions when BU Police
Department officer Sgt. Patrick Nuzzi approached to
ask them to leave.

"The officer gave us a number of different reasons why
we couldn't be there," Lowney said. "Because we didn't
have I.D., and that we had to be moving around at all
times. Also, that we were blocking pedestrians and the
doorway."

The prosecuting attorney argued that BU is private
property and Lowney and his group were blocking
students' pathway, causing an "annoyance and
disturbance."

Lowney said they were not blocking the doorway, and
that there were no complaints from anyone in the area,
although the police report states otherwise.

"We certainly allow people to publicly protest and
demonstrate," said BUPD Captain Robert Molloy, "as
long as they are not blocking traffic, are peaceful
and no destruction is taking place. It's their right
to march and protest. The BU police make sure they are
allowed to do that."

Nuzzi declined comment on the case.

Two years ago, another incident involving Lowney and
the BUPD took place when Lowney was protesting an
event held at BU's Florence & Chavetz Hillel House
regarding the presence of an Israeli state in
Palestine, but he was not arrested then.

===

Filming with the video camera, Video tape
transcript....
http://www.bazabaza.blogspot.com


Nuzzi: How you doing?

Rolde: [inaudible]

Nuzzi: You're cold? You should have picked a warmer
day. [laughs]

You know you guys can't be blocking the doorway here,
you know that.


You can't be audiotaping my voice unless you have my
permission, you know that.

Right?

You guys got some identification? You got no
identification? Then beat it. You can't be on the BU
property here. You can't be blocking the doorway.

You know if you're protesting or doing this you gotta
keep moving. You know that, right. You can't block the
entrance?

Rolde: We're not blocking the entrance.

Nuzzi: You're blocking the entrance right there. So go
out onto the sidewalk and just keep moving. And
you'll be fine.

[pause] [We move further away from the door]

You can't be blocking people sir.

Rolde: We're not blocking people. [inaudible]

Nuzzi: You gotta keep moving

Rolde: [inaudible] We're off to the side of the
sidewalk

Nuzzi: With something this big .. You gotta keep
moving. That's the rules. You do what you're doing

Rolde: We're not blocking anybody. [inaudible]

Nuzzi: Sir. You gotta keep moving. That's the rules.
You wanna do what you're doing, that's fine but

Rolde: The rules are you can't block the pedestrian
access on the sidewalk, and we're not.

Nuzzi: That's what you're doing. That's why the whole
idea. That's why you have to keep moving.

Rolde: The rule isn't you have to keep moving. The
rule is you can't block the sidewalk. And there's like
12 feet of sidewalk that we're not blocking.

Nuzzi: Well just don't block this entranceway. Keep
moving. Like I said. I'll give you two minutes. If you
don't move, you're violating the city ordinance. No
big deal. All I'm asking you to do ...

Rolde: We're not violating the city ordinance. We're
not blocking the sidewalk.

Nuzzi: Well with a sign this big, you are. So just
keep moving. Just keep moving periodically. And then
that's fine if you're not blocking anybody. It's that
simple.

Rolde: You know we're not blocking anybody. You're
hassling us for no reason. [inaudible]

Nuzzi: [into radio] Yeah. Send me another unit down
to 871 Comm Ave please

[to Pete L.] I'll take that. I told you not to record
my voice. I will take that. I told you not to record
my voice. You're under arrest for recording my voice.
Ok Sir? Let go of the camera. You are under arrest for
recording my voice.

===

UPDATE FROM PETE

ALL,

The Video "BU cop arresting me demonstrating" has been
removed from YouTube by court order.

A Zionist and right wing blog posted on this case and
the DA made a twisted press release.

Universal Hub (blog):
http://www.universalhub.com/node/11784

Local Anti-Jewish Activist Sentenced to 6 Months
Probation and $500 Fine
http://www.solomonia.com/blog/archive/2007/12/local-antijewish-activist-sentenced-to-6/#more

PROTESTER CONVICTED OF ILLEGALLY RECORDING POLICE OFFICER
http://www.mass.gov/dasuffolk/docs/12.7.07.html

Solo AIPAC protest at BU
http://boston.indymedia.org/feature/display/42280/index.php

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