Posted by: supportcarrie | December 8, 2009

Motion hearing today, ruling expected soon on Carrie’s release

Carrie Feldman appeared today before Judge Jarvey in federal court, where her attorney, Bruce Nestor, argued for her release based on a number of issues. These were that, one, the statute of limitations for the incident in question has now expired, and the government has not demonstrated that the grand jury could produce further indictments at this point; and, two, that Feldman still has a right to plead the 5th amendment given the possibility that she could be prosecuted by both the State of Iowa and the State of Minnesota, and that compelling her to testify violates her right against self-incrimination. Nestor also argued that Carrie is being targeted because of her political beliefs and associations, an argument bolstered by prosecutor Cliff Cronk’s previous arguments regarding the release of Scott DeMuth, in which he claimed that Scott’s identification as an anarchist makes him a domestic terrorist.

Also of note in today’s hearing, Cronk attempted to derail the proceedings by filing a motion to prevent Nestor from representing Carrie based on an alleged conflict of interest. The meat (punny!) of his argument was that Nestor’s representation of one of the RNC 8, facing state charges in Minnesota stemming from anti-RNC organizing, presents a conflict because Carrie could be called as a witness in that trial.

At the conclusion of the hearing, Cronk argued that there was no possibility of prosecution for Carrie, exclaiming, “She was, what, 15 at the time [of the U of I action]? That’s absurd!”

We agree—it is absurd that Carrie is continuing to be held. We hope to bring her home soon. Meanwhile, we wait, and the legal battle continues.

Judge Jarvey took the arguments under advisement and is expected to issue a ruling sometime in the next week.



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