30 May 2008
Sentencing of January 11, 2008 Guantanamo Protesters at Supreme Court

Sentencing began on the morning of Friday 30 May for the 34 defendants, who had all been found guilty by Judge Gardner on 29 May. As defendants and supporters attempted to file into the courtroom, U.S. Marshals announced a new rule that nobody would be allowed in the courtroom with purses, briefcases, or bags of any kind – only paper and pen. People had little recourse but to leave their belongings in one of the rooms off the entrance of the courtroom. After some confusion, defendants and supporters were allowed into the courtroom. There were more supporters than seats, so supporters attempted to give priority seating to family members and began a list of those waiting outside to replace persons who left the courtroom.

Ellen Davidson, the first defendant to come forward for sentencing, began to make her sentencing statement on behalf of all the defendants, asking for the same sentence for everyone. Judge Gardner insisted that she only talk about herself. A discussion ensued about the defense having conducted the trial as a community and the importance of the collective presence of the group. Judge Gardner rejected the arguments, stating that sentences as well as sentencing statements would be individual. Therefore, the process of sentencing was that each defendant stood up before the bench, stating her or his own name and that of the Guantanamo detainee represented. Ms. Acevedo, the government prosecutor, then reviewed both the prior arrests and prior convictions the government had identified for the defendant and recommended a sentence. This was followed by the defendant’s sentencing statement. Judge Gardner then concluded by pronouncing his sentence for the person.

The sentencing statements are listed seperately in alphabetical order.

The second defendant, Eve Tetaz, stated that she could not comply with probation and was sentenced to 5 days in jail and $50 in court costs. After speaking and receiving her sentence, she thanked the judge and he replied, “You’re welcome.” Attorney-advisor Mark Goldstone asked that she be given credit for time served, and Judge Gardner said he would provide that for all the defendants.

When the third defendant, Ed Kinane, approached the bench, he began to speak and was told he only had two minutes to speak. Defendants argued that because they had been denied the opportunity to shorten the sentencing process by having six people represent the group, each should be allowed to speak as long as necessary. Defendant Paul Magno stood up in the jury box in his orange jump suit in protest. The U.S. Marshals led him out of the courtroom in handcuffs. Judge Gardner warned against any further outbursts and said anyone who spoke would be removed from the courtroom.

At the end of the day, Mr. Magno was the last defendant to be sentenced. He was led back into the courtroom from the holding cell in handcuffs. The government, represented by Ms. Acevedo, described Mr. Magno as one of the main persons who organized the action, including that he had met with intelligence officers prior to the event. She listed some of his prior convictions and prison time and recommended a sentence.

Mark Goldstone, attorney-advisor for the defendants, then spoke on his behalf, saying, “Your Honor, whether Mr. Magno was a main person or a non-main person in the event is irrelevant. His purpose was to illustrate the atrocities at Guantanamo. Ms. Acevedo says he met with intel officers prior to the event. What’s unlawful about that? I would think the government would understand the long tradition of nonviolent civil disobedience that Mr. Magno was following. He’s free to plan, free to entice others to join him in speaking out. Just because he met with intel officers does not mean he’s guilty of a crime. Furthermore, mention of his planning role is inappropriate. I would like to ask for time served. He already spent thirty hours in lockup. He was merely holding a sign on a public area of the plaza. That is the sum of Mr. Magno’s crime: holding a sign.”

Judge Gardner then reviewed Mr. Magno’s record, including his 1984 three-year prison sentence in Federal prison and five years probation for his part in the Pershing Plowshares Disarmament Action. (The group entered a nuclear missile manufacturing plant, poured blood on missile parts, and hammered the weapons). Mr. Magno explained to the judge that this and all his other convictions came out of nonviolent protest against war. He then made his sentencing statement, received his sentence, and was led away by the Marshals.