Last March, I wrote about Wes Brain's situation where he was arrested two days after the March 5, 2003 student protests for disorderly conduct that allegedly took place during the event.

Just heard that the charges were dropped!

The City of Ashland has dismissed all charges against union activist Wes Brain who had been arrested on March 7 for his participation in the Books Not Bombs rally of March 5, 2003 in Ashland, Oregon. Brain had been a videographer documenting the event and his video tape shows some very questionable tactics employed by the Ashland Police. The story was first reported by the Rogue Independent Media Center A public broadcast on cable television will be premiered in July. This is a must see video which clearly shows an out of control police department that just plain didn't know what the hell they were doing back on that fifth day of March of 2003.

After waiting over 3 months, this announcement to dismiss seems way, way overdue. Although the arraignment took place in less than two working days, the time frame after that was slower than a siesta and the whole slowdown questions the speedy trial process as guaranteed in our 4th amendment. Also questioned is the guarantee against an undue arrest. There are many questions left lingering in this dismissed trial, so many that the City of Ashland now needs to step forward with some answers.

Who is the anonymous pregnant woman who went to the police with a complaint? Her action and the (unreported) complaint by her husband made to Mayor Alan DeBoar were key to an arrest in the first place. How can this be? How can hearsay lead to an arrest? Who is this woman and her complaining husband? They need to step forward. Brain has some video footage they need to see!

Why did the City of Ashland make an arrest on a Friday afternoon two days after the event? Mr. Brain was embarrassingly handcuffed at work at Southern Oregon University, placed in an Ashland police car and then taken and booked into the Jackson County Jail in Medford. Some say a Friday afternoon arrest is designed to keep one in the slammer over the weekend. Why was bail set at $10,000? Brain is a long time resident, employed at Southern Oregon University for over 11 years, and is buying his Ashland home. The arrest at work and the extraordinary bail are absurd and require an explanation.

Here is the full text of the article

http://rogueimc.org/2003/06/865.shtml

City of Ashland v. Brain -- Charges Dropped!

court reporter, 17.06.2003 14:50

The City moves to dismiss the two charges of Disorderly Conduct, and the single charge of Interfering with a Police Officer pending in this matter as Plaintiff has insufficient evidence to obtain a conviction on this charge. -Eric A. Kaufman, OSB#01065, Attorney for Plaintiff

The foregoing Motion to Dismiss is hereby: ALLOWED
Dated this 17 day of June, 2003 -Allen Drescher, Municipal Judge

Charges Dropped Against Ashland Videographer!

The City of Ashland has dismissed all charges against union activist Wes Brain who had been arrested on March 7 for his participation in the Books Not Bombs rally of March 5, 2003 in Ashland, Oregon. Brain had been a videographer documenting the event and his video tape shows some very questionable tactics employed by the Ashland Police. The story was first reported by the Rogue Independent Media Center A public broadcast on cable television will be premiered in July. This is a must see video which clearly shows an out of control police department that just plain didn't know what the hell they were doing back on that fifth day of March of 2003.

After waiting over 3 months, this announcement to dismiss seems way, way overdue. Although the arraignment took place in less than two working days, the time frame after that was slower than a siesta and the whole slowdown questions the speedy trial process as guaranteed in our 4th amendment. Also questioned is the guarantee against an undue arrest. There are many questions left lingering in this dismissed trial, so many that the City of Ashland now needs to step forward with some answers.

Who is the anonymous pregnant woman who went to the police with a complaint? Her action and the (unreported) complaint by her husband made to Mayor Alan DeBoar were key to an arrest in the first place. How can this be? How can hearsay lead to an arrest? Who is this woman and her complaining husband? They need to step forward. Brain has some video footage they need to see!

Why did the City of Ashland make an arrest on a Friday afternoon two days after the event? Mr. Brain was embarrassingly handcuffed at work at Southern Oregon University, placed in an Ashland police car and then taken and booked into the Jackson County Jail in Medford. Some say a Friday afternoon arrest is designed to keep one in the slammer over the weekend. Why was bail set at $10,000? Brain is a long time resident, employed at Southern Oregon University for over 11 years, and is buying his Ashland home. The arrest at work and the extraordinary bail are absurd and require an explanation.

When arrested at work an employee is forced to use vacation time. That was also required for arraignment and a pre-trial hearing. That vacation time is gone forever and the City of Ashland needs held accountable. And what about damage to Mr. Brain's reputation? The front page headline story in the Ashland Daily Tidings on March 11. 2003
has Ashland Police Lt. Rich Walsh describing Brain as having "terrorized" the anonymous pregnant woman. That word terrorize has a much different meaning than it did two years ago and its use by the Ashland Police is irresponsible. In the same newspaper story Walsh is further quoted as saying, "She was really upset. Wes Brain was yelling at her and she appeared scared to death." This statement is a lie as Brain's video clearly shows. Again, the Ashland Police Department needs held accountable for this untrue statement about one of its citizens.

So in closing and to say it again, this is now all a question of accountability. Even though this trial will not take place in a courtroom this does not relieve the city from disclosing to its citizens. You see, Ashland v. Brain is about all of us in many, many ways. Civil Rights violations by local police are never acceptable.

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Earlier IMC story & newspaper story
17.06.2003 15:39
Here is the original story as posted on the Rogue Independent Media Center:
http://rogueimc.org/2003/03/179.shtml

Here is the front page headline story in the Ashland Daily Tidings on March 11, 2003:
http://www.dailytidings.com/2003/news0311/031103n1.shtml
reporter>

Great news!
17.06.2003 16:37
Way to go Wes....

We were all rooting for you. Hope to see you all in Sacramento! Everytime we stand up to the current facist regime we get closer to getting rid of them. It's good to know that there are some courts that still abide by the constitution.

Your friends from Portland Indymedia.
Z>

Go get 'em Wes.
18.06.2003 09:19
When do we get to see the video here in Grass Valley California on Foothills Community Access Television, Channel 11?

I'll pick a copy up at the CAT awards Friday? or is it done yet?
Miles Everett>
e-mail:: everett@fcat.tv
Homepage:: everett@fcat.tv

Repression in Ashland
18.06.2003 12:18
The arrest of Wes brain on obviously flimsy charges was designed to stifle dissent and honest reporting of the events which Wes was videotaping. That the Ashland police arrested Wes at work two days later on a Friday is inexcusable, and I hope Wes sues the city for lost time, defamation of character, and anthing else a good legal team can document. Some officers of the police department and Mayor DeBoer are both reactionary and out-of-step with a majority of Ashland residents. Serious changes need to be made in the city government and in the police department.

Citizens-activists like Wes Brain are the backbone of our American democracy. Ashland is lucky to have him and the many citizens who are community activists.
George Hutchinson>
e-mail:: gbhutch@peoplepc.com

Mainstream Coverage
18.06.2003 15:15
Here is the story as reported in the Ashland Daily Tidings newspaper (note: the typo "Brian instead of "Brain" was not made in the print edition). http://www.dailytidings.com/2003/news0618/061803n3.shtml
Media Watchdog>

ABO TiME!
20.06.2003 14:54

ABOUT TIME!
20.06.2003 14:58
Damn Straight! As one who did see "the video", I was convinced that there would be no case once the DA saw it.

It shows Wes doing his job and conducting himself in a professional manner-- concerned about the young people being harassed by the cops, yes, but professional nonetheless.

This story should not end here, however. Wes was subjected to embarassment and tension, and thrust into the public limelight in a way he probably did not want to be thrust... I hope he sues the hell out of the City of Ashland, its police Department and that lying woman who claimed he "terrorized" her.

The charges were bullshit.
George Mann>
e-mail:: georgeandjulius@att.net
Homepage:: georgeandjulius@att.net