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Jan 23, 2009 7:18 pm US/Central
Charges Dismissed Against 7 RNC Protestors
ST. PAUL (AP) ―
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Judge Michael Fetsch ruled that no reasonable jury would convict the defendants even if they believed the prosecution's evidence. (File)
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A judge dismissed on Friday the charges against seven people arrested during the protests at the Republican National Convention this summer.
After hearing the evidence, Ramsey County Judge Michael Fetsch ruled that no reasonable jury would convict the defendants even if they believed the prosecution's evidence.
He issued a directed verdict, which means the jury seated for the case did not get to rule on the evidence and prosecutors cannot re-file the charges.
Defense attorney Jordan Kushner of the National Lawyers Guild said in a prepared statement that the case "showcased how police had no basis for the vast majority of arrests made during the RNC."
The defendants were charged with obstructing the legal process, disorderly conduct, unlawful assembly and blocking traffic. The charges can't be re-filed.
City Attorney John Choi said the defendants were arrested Sept. 1 after masked protesters used string and bungee cords to shut down a downtown St. Paul intersection.
By wearing masks and working together, he said, the protesters presented some evidentiary problems for prosecutors. "That is where this case ran into a wall from the court's perspective," he said.
Still, Choi said he wished a jury would have been allowed to hear the case. "I believe we could have gotten a conviction in this case," he said.
He said the cases of 70 people are pending trial, but cautioned that the number may rise or fall.
"When we don't have the evidence to proceed; we won't," Choi said.
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The Republican National Convention was held at the Xcel Energy Center in St. Paul from Sept. 1 through Sept. 4, 2008.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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