Synopsis of Trial: Day One

In the course of being tried for their protest on January 11th, thirty-five defendants continued to speak out against the torture of detainees at Guantanamo and the denial of due process to them.

They began the first day of their trial by donning orange jumpsuits at the Supreme Court, where they were arrested on January 11. In two lines, the defendants carried the names of prisoners at Guantanamo and marched to the Superior Court where their case was to be heard.

In front of a huge banner reading “Close Guantanamo,” the Guantanamo prisoners- defendants knelt with their signs during a short press conference which opened with a statement by Frida Berrigan, an organizer with Witness Against Torture:

“We are here to bring the names, stories and identities of the men at Guantanamo before the U.S. Superior Court, as we have brought the names, stories and identities before the U.S. Federal District Court and the U.S. Supreme Court. And we will continue to bring these names, stories and identities of the more than 200 men who remain imprisoned at Guantanamo before U.S. courts of justice until we carve a straight and clear path for the men at Guantanamo to walk themselves; a path through war politics, through vengeful rhetoric and moribund ethics and almost insatiable violence.”

After a few speaker-- including Demissie Abebe, the Executive Director of Torture Abolition and Survivors Support Coalition International -- addressed those assembled, the defendants began a powerful ritual of justices. There was a shrine constructed of representations of habeas corpus, the Constitution and the Geneva Conventions—the documents that form the foundation of our system of justice and the bedrock of our democracy. Justice and democracy severely fractured by Guantanamo, by torture, by rendition and the network of secret prisons. One by one the defendants took off their hoods and placed the names of their Guantanamo prisoner alongside these hallowed texts. The first to come forward was Father Bill Pickard of Scranton PA, who carried the name Faruq Ali Ahmed. Father Pickard says: "I went to the Supreme Court to bring the name and the humanity of Faruq Ali Ahmed - who claims he was in Afghanistan to teach the Koran to children and has no affiliation with the Taliban or Al Qaeda - before the law. He cannot do it himself, so I am called by my faith, my respect for the rule of law and my conscience to do it for him." And then each defendant placed their prisoners’ name with the others, and joined the rest of the community in holding the “Close Guantanamo” banner before going into the court room.

The first hours in the courtroom were also dramatic. Judge Gardner began the day with a roll call because defendants refused to stipulate to their identification.

Each response was a powerful statement. The first defendant stood, saying “Your honor, I am Paul Magno and I am here on behalf of Jamal Mohammed al Deen, who has been in the Guantanamo prison for five years without being charged.” Carmen Trotta followed, saying his name and then continuing that he was in the court room on behalf of Said Ahasin who committed suicide in his cell in June 2006.

After the government opened its case with a short presentation, the Judge cut Matt Daloisio short as he attempted to make an opening statement.

When he respectfully persevered in explaining his purpose, the judge allowed him to make an opening statement on behalf of a group of defendants who chose to remain silent during the trial in solidarity with those being held at Guantanamo who have been prevented from speaking on their own behalf.

“As we stand before you today, we are aware that in the five months since our arrest,
we have made it further in the criminal justice system than these men have in over six years… I and twelve others will remain silent for the duration of the trial, in solidarity with the men in Guantanamo and elsewhere who have been held for years without ever getting into court. We are pro se defendants, and we are refusing to represent ourselves. We will not exercise our rights when our country continues to deny the rights of others.”

When Matt finished, twelve other defendants, each wearing an orange jumpsuit, stood and stated their names and the Guantanamo prisoners they represented. After each statement, Judge Gardner thanked the person.

For most of the day, the government presented its case against the defendants arrested outside the Supreme Court, calling two police officers as witnesses. Using photographs, the government painstakingly attempted to provide evidence and testimony of peoples’ presence on the plaza in front of the Supreme Court and participation in allegedly illegal behavior there on January 11th.

When Paul Magno was called on to identify himself as a defendant, he remained silent as he had stated earlier that he would. The heated bench conference that ensued resulted in Judge Gardner agreeing that he and others had a right to remain silent, and respected the purpose of the defense.

The defendants challenged the government’s testimony on cross examination. Throughout the day, Judge Gardner was concerned with making sure that defendants understood the proceedings and had full opportunities to speak. When the government rested its case and the defense stated its desire to enter a Motion of Judgment for Acquittal, the Judge was very concerned that non-lawyer pro se defendants might not be appropriate to render this legal motion. However, the defense prevailed and put forth a 5-point motion that resulted in charges being successfully dropped against one defendant—David Barrows.

Throughout the day, each time a speaking defendant opened his or her mouth, two names were stated – that of the defendant and that of the prisoner represented.

Tomorrow, Wednesday May 28, the prosecution will finish its case against the defendants arrested on the steps of the Supreme Court, then begin to present the case against those arrested within the Supreme Court’s Great Hall. After the government rests, the defendants will introduce a motion for a judgment of acquittal on behalf of at least some of those arrested inside.

Then, the defense will mount its case—calling defendants to the stand along with other witnesses who will assert their rights to appeal to the Supreme Court on behalf of those who remain detained at Guantanamo.

“I have the sense that most of us appreciate the great care taken by Judge Gardner to assure that all the rules of law are being followed during the trial, and that people have the opportunity to hear the testimony against them and mount a full defense,” says Joe Morton of Baltimore, MD who acted on behalf of Saleh Mohamed al Zuba. “We are equally aware that the due process afforded us has been denied to those imprisoned at Guantanamo. They have no hope of speaking for themselves, of having the benefit of counsel, or having the protections afforded within the courts of the United States.