Priests who trespassed on fort sentenced (Loony Tune Priests and their Idiots)

Sierra Vista Herald/Review ^ | Bill Hess

[SandRat]

TUCSON — Two priests who trespassed on Fort Huachuca last November as part of a protest about alleged torture being taught on the post will spend five months in federal prison.

The Revs. Stephen Kelly and Louis Vitale both pleaded no contest Wednesday to two misdemeanor charges stemming from Nov. 19 when they tried to enter the fort as part of a protest against interrogation training done at the Intelligence Center.

A no-contest plea means a defendant is not admitting guilt but is still subject to a guilty judgment.

Both men faced 10 months behind bars, but U.S. Magistrate Héctor Estrada cut that amount in half.

The judge passed a three-month judgment on the trespassing charge, and he gave two months for disobeying a law officer, with the sentences to be served consecutively. Estrada could have made them concurrent, meaning the maximum time the priests would have served was three months.

After accepting the no-contest pleas, Estrada initially set Dec. 3 as the sentencing date for the men.

However, defense attorney William Quigley said the priests were willing to be sentenced immediately.

Army Capt. Evan Seamone had no problem with an immediate sentencing, which led the judge to reconsider his initial decision.

Seamone, who heads the prosecutor’s office on the fort and was assigned to the case as part of the U.S. Attorney’s Office for Arizona, was the first to outline what he thought would be the appropriate sentences for Kelly and Vitale.

His immediate target was Kelly, who Seamone said has more of an extreme history of trouble-making than Vitale.

In three separate actions, the 58-year-old Kelly, a Jesuit, has damaged military equipment, the captain said.

The damages included a missile, navigation equipment aboard a nuclear Naval ship and two Air Force A-10s.

His conduct shows he cannot be rehabilitated, as well as not being a good candidate for probation in lieu of prison time, the prosecutor said.

Kelly also expressed in court on Wednesday that he will not comply with any rules or stipulations if he is not given prison time and will not pay a fine.

“The government would ask for incarceration,” the captain said.

But when it came to the 78-year-old Vitale, who is a Franciscan, Seamone said there have been signs of a “temporary willingness” to comply with the judge’s orders.

Vitale agreed to certain requirements so he could remain free pending the trial, which was mostly done because of his sister’s illness.

The government recommended probation for Vitale, with the requirement that during the first year of probation the priest be confined every Saturday.

Vitale may have ended the possibility of probation when he told Estrada that since his sister is better he would not abide by any other court orders to be released.

To comply with any court order was seen as trivializing Vitale’s concerns.

“I will not hold back for any reason,” he said.

His protest of the so-called evils of the U.S. government, which he once swore to protect as a member of America’s armed forces, is now being done in a nonviolent way, the Franciscan said.

And, like Saint Paul and the other apostles, who disobeyed unjust Roman law, Vitale said he will continue to do the same.

One reason the two priests pleaded no contest is that the judge refused their attorney’s legal maneuvering to “put torture on trial,” claiming their arrest for trespassing was a violation of the First Amendment rights excuse of complying with a higher authority — God.

The judge also refused the priests’ request for a jury trial.

The defense was not going to be allowed to bring up the torture issue, with allegations that such practices are taught on Fort Huachuca.

Before Estrada pronounced the sentences, Vitale and Quigley spoke about what would have been their defense.

Kelly refused to make any comments when he had the opportunity.

Vitale said it is time to “send a message” about the United States violating human rights, alleging Fort Huachuca is one of the prime places where torture is taught, a view post officials have constantly denied.

Earlier, Seamone had said it is unfair to the soldiers and their families who live on the post to be subjected to the accusations of the priests.

There are a number of post soldiers who are in Iraq “risking their lives” to protect the constitutional rights of the defendants, the captain said.

Quigley said the reason the case was before Estrada “is to do further justice.”

Throughout history, including America’s, what was law in the past in some cases no longer is true, he said.

It is important not to forget the founding fathers were violating English law when they declared independence, the lawyer said.

Now the issue is different, Quigley said, noting, “The elephant in this room is torture. The real crime has always been torture.”

He asked the judge to sentence the two priests to time served, which was the two hours they were held after trespassing on the post last year.

Estrada said when it comes to sentencing anyone, it is always difficult because of the variable circumstances. He drew a laugh from the gallery, made up mostly of the priests’ supporters, when he referred to Kelly and Vitale saying, “You can do time standing on your head.”

But they have to pay a price, especially when there appears to be a question of their personal egos, Estrada said.

Noting both religious men had indicated they will not comply with any court orders that could have been part of probation and sentencing them to time served was not realistic, the judge re-emphasized the difficulty he was facing.

What happened in his court Wednesday will be of little consequence 10 billion years in the future when the sun goes supernova and destroys “our small dark corner of the universe,” the judge said.

But, it is the now, and although he would have liked to sentence the men to help the afflicted and needy, Estrada said that cannot happen, because it appears the priests want to be martyrs.

He then announced his sentences, ordering the two men to be taken into custody immediately.

One man in the gallery made a loud comment of support for the priests, which led an angry Estrada to demand civility or face potential contempt of court.

After the priests were led away, the supporters left, and gathered outside the courthouse where Vitale’s cassock and personal belongings were piled.

The judge’s sentences mean that on Nov. 18, the priests will not be across the street from Fort Huachuca’s Main Gate for this year’s protest.

Whether anyone will venture to enter the post — an act of civil disobedience by trespassing — is unknown. Kelly and Vitale were the first protesters to trespass during the three years of the annual gathering.

Herald/Review senior reporter Bill Hess can be reached at 515-4615 or by e-mail at bill.hess@svherald.com.

[SandRat]

Phoenix area resident Mary Marcella voices her disapproval while supporting two priests who were sentenced Wednesday for trespassing on Fort Huachuca last year. About nine protesters were present Wednesday on Fry Boulevard across from Fort Huachuca. (Mark Levy-Herald/Review)

The Rev. Louis Vitale, a Franciscan, left, and The Rev. Stephen Kelly, right, a Jesuit priest, last November during the protest at which they were arrested for trespassing on Fort Huachuca. (Herald/Review)

The Loony Tunes will be here again on Nov 18th to try this crap again. We'll see what they come up with this time.

[xJones]

Somebody ought to tell them that the Berrigan brothers played that act years ago.

[AppyPappy]

I guess they never considered condemning the terrorists for torture.

[richardtavor]

“And, like Saint Paul and the other apostles, who disobeyed unjust Roman law, Vitale said he will continue to do the same.”

He ain’t no St. Paul.

[pawdoggie]

And, like Saint Paul and the other apostles, who disobeyed unjust Roman law, Vitale said he will continue to do the same.

No, they believed the loony lefties who told them that "torture was being taught" at Fort Huachuca (I've been there, and it doesn't happen). So they're going to jail for a false premise. That's what listening to the Drive-by-Media, the the "nut-roots" will get you (and being a bit too narcissistic for men of the cloth doesn't help either).

[GOP_1900AD]

So called “liberation theology” is Communistic heresy. Marxists have long infiltrated churches.

[vpintheak]

I don’t remember Paul damaging any Roman Equipment. I do remember im trying to save a roman ship though.

[sailor4321]

Specifically, what unjust Roman law did St. Paul violate?

[richardtavor]

I questioned that also. I suppose they claimed that he was inciting riots and disobedience. My point was that this priest compares himself to Paul—he’s a little short on comparison...

[richardtavor]

I questioned that also. I suppose they claimed that he was inciting riots and disobedience. My point was that this priest compares himself to Paul—he’s a little short on comparison...

[richardtavor]

I questioned that also. I suppose they claimed that he was inciting riots and disobedience. My point was that this priest compares himself to Paul—he’s a little short on comparison...

[richardtavor]

I struggled with that one too. I suppose they thought he incited riots and disobedience. My point to this goofball is he is a little short of comparing himself with Paul.