http://tc.indymedia.org/2009/mar/re-trial-david-mckay-monday / Felony Working Group Statement, Twin Cities / Re-Trial for David McKay on Monday

As the case of Bradley Crowder and David McKay, two individuals from Texas who are being federally charged with Posession of an Unregistered Firearm, has unfolded, there have been many confusing and saddening developments. The Texas two were accused of making molotov cocktails at the RNC. Amongst the controversies and cloudiness has been the revelation that Brandon Darby, a well known-activist, had been working as an informant for the FBI and was heavily involved in the case against them. This fall, six activists from Texas (including informant Brandon Darby) were subpoenaed to a grand jury in connection with the charges against Bradley and David, and had their subpoenas dropped. There have also been rumors regarding whether or not either of the Texas two are co-operating with law enforcement.

In early January, Bradley Crowder took a guilty plea. He has been held without bail in prison since his arrest at the RNC and is awaiting sentancing. The felony working group in the Twin Cities—which has been doing legal support for those facing felonies stemming from the RNC—has been unable to ascertain whether or not his plea is a cooperating one (i.e., if he is implicating his co-defendant and giving other information to the state in exchange for less prison time). Bradley is also facing new felony charges in relation to another incident at the RNC, and there is concern, but no specific evidence at this point, that he may be cooperating in the prosecution of two other people relating to this incident.

David McKay has plead not guilty to the charges against him. In late January, his trial resulted in a hung jury. His retrial will begin on Monday, March 16th.

Upon his arrest, David made statements to the police that may have implicated himself. At his previous trial, David stated that he had tried to “cover” for the other individuals who were allegedly involved. It seems that McKay's discussions with law enforcement were motivated not out of selfishness but naivete. Though irreconcilable damage may have been already been done, it was clear at McKay's original trial that he had not intended to implicate his co-defendant.

If we truly desire for our community of resistance to survive this wave of state repression, we must make a habit of security culture practices, including never speaking to law enforcement of any agency, especially about actions that one or one’s friends have taken. A common law enforcement tactic is to coerce those facing serious criminal charges by encouraging them to implicate their co-defendants and give up information on other individuals under the frequently false impression that it will lessen the consequences that they face personally. It is important to keep quiet even-- perhaps especially so-- in cirumstances that are scary and unexpected and messy.

While both Bradley and David have taken actions post-arrest that may seem questionable to members of the radical community, it is important not to lose focus of who it is that enabled this prosectution and created this situation. The work of FBI informant Brandon Darby is instrumental in placing these two behind bars. Darby is well-known amongst radical communities in the U.S. and has been working with the forces he was presumed to oppose for at least the past two years in relation to the RNC. Those who knew him felt he was eager to suggest and encourage illegal actions, in particular those involving explosives, weapons, property destruction or violence. It seems clear that Darby exploited the Texas two’s desire to do something powerful in response to a world full of systematic violence and oppression. McKay’s lawyer intends to use this in his defense. While Brandon Darby has justified his involvement with the FBI by taking a moral high ground and has stated that the people whose life he has handed over to be devoured by the state had no “legitimate” motivation, his actions have reverberated beyond the lives of Bradley and David. Brandon Darby has only given the state more capacity to disrupt the communities of resistance that it finds threatening. We feel that the case of the Texas two has relevance to our community beyond supporting them as individuals. This case is being used as a justification for repressive tactics, and will influence the political climate that anarchists exist in.

At McKay’s first trial, it was mentioned to individuals who were present to watch it that his lawyer and father would prefer if scruffy anarchists weren’t there, potentially influencing the jury. Some individuals chose to leave and others decided to stay. Be aware that at least McKay’s father and lawyer expressed those wishes, and they certainly didn’t ask for courtwatchers. But you may have other reasons why it is important for you to be there, and it can be a good thing to have a watchful, respectful presence in the courts when radicals are facing charges. Notes from the first trial are available here on twincities indymedia. Details on where the trial will be held will be posted here later as well.

More information can be found on Bradley and David’s support site, freethetexas2.com

The felony working group’s webpage has updates about the Texas Two as well as others facing felonies. A copy of Bradley Crowder’s plea agreement can also be found there.
http://rnc08arrestees.wordpress.com/arrestees/felony-info-and-support.