The trial of longtime Twin Cities anti-racist activist Kieran Frazier Knutson, accused of two felony accounts and facing up to ten years in prison and $20,000 in fines for an incident in which he defended himself from a neo-nazi, has been delayed yet again. The new trial date, the sixth, is January 30, 1995.
The reason for the delay is the same as the last three delays: evidence the prosecution thinks is vital for its case against Kieran is still delayed in court.
Two of the prosecution's subpoenas that are being challenged in court, both by the University of Minnesota student newspaper The Minnesota Daily. In one subpoena, the prosecution is trying to get a former Daily reporter to testify against Kieran. The reporter, Jesse Rosen, covered the October 22, 1993 anti-racist demonstration where, six weeks later, Kieran was charged with assaulting a neo-nazi. Rosen has so far refused to accept the subpoena. The Daily lawyers who are defending Rosen argue that he is exempt from testifying because of Minnesota's Shield Laws, which supposedly protect journalists from testifying in court for events they covered. However, the Minnesota State Court of Appeals recently ruled that Rosen is not covered by the Shield Laws because he gave a statement to the police two weeks after the demonstration. The Daily has 30 days to decide whether or not to appeal the decision to the State Supreme Court. Although the Daily swore to take this case "all the way to the Supreme Court if necessary" a few months ago, they have not yet filed an appeal and will only tell the Minneapolis Anti-Fascist Defense Committee (the support group for Kieran) that they "haven't decided yet" whether or not they'll appeal.
In the second subpoena, the prosecution is attempting to get from the Daily unpublished photographs of the demonstration to use against Kieran. The Daily has so far refused to hand over the photographs. This case was heard in the State Court of Appeals on November 29 (the same day Kieran's trial was supposed to begin), but the judges have 60 days to make a decision. In the past, decisions about these subpoenas have taken 45-60 days.
The Anti-Fascist Defense Committee, a non-partisan group created to support Kieran politically, have expressed support for the Daily, not for the Daily's politics (it is a weak center-liberal student paper) and not because they fear the photos or reporter's testimony will hurt Kieran's case. Kieran acted in self-defense, and no photos or testimony will refute that. However, we agree with the Daily that this case could set a dangerous precedent: if the prosecution wins, any time the state wants to, they can get a photograph from anyone's camera, press photographer or bystander; or they can force a reporter to testify in any case they want. This will effectively make journalists an arm of the state in the state's unjust and racist "war on crime."
The AFDC also believes the prosecution's desperate attempts to get evidence against Kieran proves the political motivations behind the trial. Militant anti-racist demonstrations and organizations at the University of Minnesota challenge the squeaky-clean liberal reputation of the University (and Minnesota) as a place for the free exchange of ideas and in which hateful ideas or organizations do not have any social power. After the October 22 demo, the state found a scapegoat in Kieran, whose name was provided by the nazis he defended himself against that night. The nazis, Daniel Simmer and Amy Foreman, were released that night and are not being prosecuted, despite the fact that police found brass knuckles (an illegal weapon) in Simmer's possession that night. Six weeks later, Kieran was charged. His plea bargain was ridiculous (six months in the workhouse), forcing a trial. This,the delays, and the desperate attempts for evidence show that not only is the prosecution scrambling to make a credible case, they are also trying to suppress a militant anti-racist movement, on campus and elsewhere in the Twin Cities, by forcing activists to spend their time defending Kieran instead of organizing.
The original trial date was April 12. It was delayed by the prosecution due to "scheduling conflicts." The next date, June 20, was also delayed. The third,fourth and fifth dates, August 2nd, October 3rd, and November 29, respectively, were delayed at the prosecution's request.
The appeals over evidence could force the trial to get delayed for a sixth time; however, Kieran's lawyer Keith Ellison from the Legal Rights Center believes there is a good chance the trial will actually take place in January. The AFDC will be planning variou actions in support of Kieran and to put pressure on the County Attorney's office (the prosecution). We will keep you informed of specific actions you can help with.
The courtroom was literally packed with Kieran supporters on November 29, as it has been for every trial date. The AFDC organized to pack the courtrooms and gave everyone "Fight Racism" buttons to signify support for Kieran. They also organized security for the event. No nazis or nazi sympathizers showed up.
We will need people to pack the courtrooms for January 30. If you can make it, please get in touch so I can arrange housing for you.
If you cannot make the trial, we could still use your support. Please continue to send petitions, letters, and postcards to the Hennepin County Attorney Mike Freeman's office, demanding that all charges against Kieran be dropped. Also, keep on calling their office and making the same demands. Ask to speak to Mike Freeman. [phone number and address listed below.]
Also, the AFDC could use financial support. We have been organizing around this since January 1994 (we thought it would be all over in April!), and our finances have been getting stretched tighter and tighter with each trial delay. Make checks payable to "Love and Rage Supporters." Thanks.
If you would like any information on the details of the case, please do not hesitate to write.
Thanks for your support; the AFDC and Kieran really appreciate it.
Fight Racism,
joel for the AFDC
Anti-Fascist Defense Committee
PO Box 7075
Mpls, MN 55407
jolson@polisci.umn.edu
County Attorney Mike Freeman
C2000 Hennepin County Govt. Center
300 S. 6th St.
Minneapolis, MN 55415
(612) 348-5550