An additional 20 cases stemming from the mass arrest on the final day of the gathering are still being investigated.

“There was a lot of confusion for a lot of people that night,” said City Attorney John Choi in announcing the decision.

“Ultimately this decision reflects specifically our prosecution standard: Can we prove the charges beyond a reasonable doubt at trial? We’ve come to the conclusion that, for the cases involved the Marion Street bridge and the Cedar Street bridge, that would not be the case.”

However, Choi defended the St. Paul Police Department’s decision to arrest nearly 400 people on Sept. 4.

“There was probable cause to arrest, but there wasn’t probable cause to prosecute,” he said. “Those standards are very very different. It is our obligation not to proceed on cases where we believe that we would not succeed at trial.”

Local civil rights activists said the failure to press charges is just the latest evidence that many of the arrests during the RNC were frivolous.

“The reality is that those arrests should never have been made,” said Bruce Nestor, president of the Minnesota chapter of the National Lawyers Guild.

“Much of the alleged disorder is directly attributable to the police presence and police overreaction.”

“They should never have arrested them in the first place,” added Chuck Samuelson, executive director of the Minnesota chapter of the American Civil Liberties Union. “I believe that they were arbitrary and capricious arrests.”

The city attorney’s office has now processed roughly 90 percent of the 672 potential misdemeanor cases stemming from RNC activities. Of those cases, 52 have resulted in guilty pleas or fines. An equal number of cases are currently pending in the court system. However, the overwhelming majority of arrests — 490 — have either not resulted in charges or the cases have been dismissed by the courts.

So far no civil litigation has been brought against the city for police actions during the four-day gathering. Anti-war protester Mick Kelly has sent the city a letter stating his intent to sue for alleged civil rights violations, but has yet to file a case.

The city has a $10 million insurance policy, paid for by the Minneapolis St. Paul 2008 Host Committee, to cover litigation costs. However, numerous lawsuits are expected in the coming months.

“We’ve got a bunch of cases we’re looking at,” said Samuelson.

“Attorneys have been engaged in active information gathering in consideration of civil litigation related to the pattern of mass arrests and excessive use of police force,” Nestor confirmed. “I would think that planning can now go forward.”

Ramsey County can hold the arrestees for 36 hours on probable cause, a timeline in place often used to gather evidence before formal charges are filed. However, weekends and holidays are not included in the 36-hour hold, which means all six of the activists arrested for “probable cause” could be held until Wednesday afternoon.

Bruce Nestor of the NLG told MnIndy that the timing of the arrests, and the subsequent holds without judicial review, were intended simply to halt protest activity. He says Ramsey County Sheriff Bob Fletcher has been conducting an investigation of the members of the RNC Welcoming Committee, an activist group planning protests at the RNC, for some time. If there was any evidence of conspiracy to start a riot, as Fletcher alleges, then they need to produce it, Nestor says.

“If they have evidence of a criminal act, then they should charge them,” he says. “And if they can charge [my client, Monica Bicking] with a complaint, then we will go defend that in court. But right now they are just holding them. You can’t just hold [Bicking] to prevent her from exercising her free speech.”

Fletcher has already issued a press release calling the arrestees “criminal anarchists” (see press release below), though no formal charges against the six detainees have been issued. Nestor says Fletcher’s office is using the language as intimidation and a smear campaign against those exercising their right to protest.

Below is the press release from the NLG. Below that is the press release issued yesterday from the Ramsey County Sheriff’s Department regarding the raids.

PRESS RELEASE – PRESS RELEASE

National Lawyers Guild Seeks Judicial Review of Preventative Detentions Ordered by Ramsey County Sheriff Bob Fletcher

August 31, 2008 – The Minnesota Chapter of the National Lawyers Guild is seeking prompt judicial review of the preventative detentions of six citizen activists ordered by Ramsey County Sheriff Bob Fletcher.

Monica Bicking, Eryn Trimmer, Luce Guillen Givins, Erik Oseland, Garrett Fitzgerald, and Nathanael Secor, are all currently being held on “probable cause holds” in the Ramsey County Jail after being transferred late last night from the Hennepin County Jail. In Minnesota, a probable cause hold can be ordered by a police officer without a prosecutor or a judge reviewing a criminal complaint. Due to the arrest occurring on a weekend holiday, all six citizens can be held until Wednesday, September 3, 2008, without the filing of a formal charge.

Three of the arrestees are life-long residents of Minnesota. Two previously worked in early childhood education and passed background checks to obtain that employment. All have extensive ties to Minnesota, including employment and family members. One is a graduate of the University of Minnesota. None of the six arrestees have ever been convicted of a felony or crime of violence. One person arrested on Saturday morning, August 30th, was previously detained on Friday night at the St. Paul convergence center where he was photographed and identified. Despite being labeled a “key member” of a “criminal enterprise” and a planner of a “criminal conspiracy,” he was released on Friday night even though Sheriff Fletcher had conducted a months long investigation, using informants, and presumably identified the “key leaders” who he claims were organizing riots and civil disorder.

All six arrestees appear to face maximum charges of a gross misdemeanor, punishable by a maximum sentence of one year in jail and a fine of $3,000. Absent death or use of a firearm, a criminal charge of “Riot” in Minnesota is a gross misdemeanor. Minn. Stat. §609.71. A charge of “civil disorder” is a gross misdemeanor and requires proof that a person made or instructed another to use a firearm, explosive, or incendiary device to cause civil unrest. Minn. Stat. §609.669. Property damage in Minnesota under $1,000.00 is also a gross misdemeanor. Minn. Stat. §609.595.

Despite the incendiary and alarmist language used by Sheriff Fletcher, there is no evidence that the common household items and tools seized in the pre-emptive house raids were intended to be used to cause death or civil unrest. No judge or prosecutor has reviewed the allegations made by Sheriff Fletcher.

In light of the fact that none of the arrestees appear to face felony charges, their extensive ties to Minnesota, and their lack of any serious prior criminal record, attorneys for the National Lawyers Guild are seeking to have a Ramsey County judge review the detentions on Sunday, August 31, 2008. This would be an informal review at which a judge could dismiss the charges or set conditions of release. Media updates will be provided if such a review is held.

From Ramsey County:
________________________________________________________________________________
CRIMINAL ANARCHISTS ARRESTED AND EQUIPMENT SEIZED DURING SEARCH WARRANTS THROUGHOUT MINNEAPOLIS AND ST. PAUL ________________________________________________________________________________

On August 30, 2008 at 8:00 a.m. the Ramsey County Sheriff’s Office, supported by the Minneapolis Police Department, Hennepin County Sheriff’s Office and the Federal Bureau of Investigation, executed search warrants at the following addresses:
2301 23rd Ave South, Minneapolis, MN
3500 Harriet Avenue, Minneapolis, MN
3240 17th Avenue South, Minneapolis, MN

These search warrants were a part of an ongoing investigation regarding serious criminal acts involving key members of the RNC Welcoming Committee.

Ramsey County Sheriff Bob Fletcher stated, “This investigation pertains to actions of the RNC Welcoming Committee. The “Welcoming Committee” is a criminal enterprise made up of 35 anarchists who are intent on committing criminal acts before and during the Republican National Convention. These acts include tactics to blockade and disable delegate buses, breaching venue security and injuring police officers. They have recruited assistance in their criminal conspiracy from other anarchists groups throughout the country. Through their plans and actions they have exhibited a blatant disregard for the law and the safety of others.”

During the searches a number of items were recovered, some of which included:

Materials used in creating “sleeping dragons” (pvc pipe, chicken wire, duct tape)
Large amounts of urine (including 3 – 5 gallon buckets of urine)
Wrist Rockets
Assorted edged weapons including a machete, hatchet and several throwing knives
Gas mask and filter

Empty glass bottles
Rags
Flammable liquids

Homemade Caltrops (devises used to disable buses in roads)

Metal pipes
Axes
Bolt cutters
Sledge hammers

Old tires (for burning)

Repelling equipment

Kryptonite locks
Empty plastic buckets cut and made into shields
Material for protective padding
An army helmet

Five persons were arrested this morning for probable cause conspiracy to riot, conspiracy to commit civil disorder and conspiracy to damage property. Those arrests are as follows:

At 2301 23rd Avenue South, Minneapolis, one individual was taken into custody:
Nathanael David Secor (DOB: 1/29/82)

At 3240 17th Avenue South, Minneapolis, three individuals were taken into custody:
Garrett Scott Fitzgerald (DOB: 2/28/83)
Eryn Chase Trimmer (DOB: 7/18/85)
Monica Rachel Bicking (DOB: 6/23/85)

And Erik Charles Oseland (DOB: 4/11/87) was taken into custody at an undisclosed location.

These individuals are being held at the Hennepin County Jail.

A portion of the property recovered will be on display at 2:30 PM today at the Ramsey County Sheriff’s Office – 425 Grove Street – Media will enter security check-point on Grove Street and be directed upon arrival.
Any further information can be received through Holli Drinkwine at the Ramsey County Sheriff’s Office (651-248-6653).