Posted on 02/04/2005 2:16:58 AM PST by Boot Hill
'Philly 5' lose round in federal court,
prosecutors get away with calling
defendants' words 'hateful'
© 2005 WorldNetDaily.com
In another blow to the "Philly 5" – the Philadelphia Christians facing possible 47 year jail terms for evangelizing at a homosexual event – a federal judge has refused a request to stop the local prosecution of the group.
Judge Petrese B. Tucker, for the second time, has refused to sanction the Philadelphia District Attorney's Office for what the Christians' attorneys say are "retaliatory criminal proceedings."
According to the American Family Association Center for Law & Policy, which is representing the Christians on the federal level, Tucker denied the request for relief last week, saying the Philly 5 had "insufficient evidence ... regarding why any of the defendants would want to stifle their First Amendment rights."
The group's attorneys had presented as evidence their clients' First Amendment rights were violated the fact that Assistant District Attorney Charles Ehrlich told an earlier court proceeding the Christians' religious speech was "hateful, disgusting, despicable words," and "fighting words."
As WorldNetDaily reported, on Oct. 10, a group of 11 Christians was "preaching God's Word" to a crowd of people attending the Philadelphia "OutFest" event and displaying banners with biblical messages.
After a confrontation with a group called the Pink Angels, described by protesters as "a militant mob of homosexuals," the Christians were arrested and spent a night in jail.
Eight charges were filed: criminal conspiracy, possession of instruments of crime, reckless endangerment of another person, ethnic intimidation, riot, failure to disperse, disorderly conduct and obstructing highways.
None of the Pink Angels was cited or arrested.
After a preliminary hearing in December, Judge William Austin Meehan ordered four of the Christians to stand trial on three felony and five misdemeanor charges. If convicted, they could each get a maximum of 47 years in prison. One female teenage protester faces charges in the juvenile justice system.
Brian Fahling is senior trial attorney for the law center.
Said Fahling in a statement: "The law requires us to show bad faith or retaliation by the D.A.'s office; we established that beyond argument with a videotape of the entire incident that shows our clients peacefully exercising their First Amendment rights, then being arrested and charged with crimes that carry a potential for 47 years imprisonment, and a district attorney's office that retaliated against them because it hates their speech.
"It is difficult to conceive of more compelling evidence of bad faith and retaliation than what we have presented to the court in this case."
Fahling colleague Michael DePrimo added: "There has never been a stronger case for federal court intervention based upon allegations of bad faith and retaliation than [the Philly 5] presented to Judge Tucker. … Prior to taking the bench, Judge Tucker was an assistant district attorney for Philadelphia for eight years; she is undoubtedly aware that peaceful expression of First Amendment rights is not criminal."
The next hearing date scheduled for the Christians is Feb. 17, when the court will consider their motion to dismiss the case. Seventeen-year-old Lauren Murch's trial date is Feb. 18.
I thought they won the case.
"ACT-UP disrupted the ordination of new priests at Holy Cross Cathedral in Boston by throwing condoms at them and shouting the usual anti-Catholic screed. No charges were filed."
Don't you think that was wrong?
"The only speech that's hateful and divisive is conservative speech. But seething, raging hate of President Bush and Republicans is protected expression. Go figure"
Finally America is noticing the "agenda" of the anti-Family anti-American anti-Religious secularist rots attempt to corrode this country.
Thank you friend.
Several of our friends and supporters have asked about coming to
Philadelphia in support of the Philadelphia 5, during our trial.
We would appreciate your prayers and your presence this Thursday and
Friday (Feb. 17-18).
On Thursday, Feb. 17, there will be a hearing on a Motion to Dismiss in
the Courtroom of Judge Patricia Dembe. If The Judge grants this
Motion, the charges will be dismissed. If, however, the Judge refuses, the
case will go on to trial. The hearing will be in the Criminal Justice
Center, 1313 Filbert Street, Philadelphia (right next door to City
Hall). It will be in Courtroom 707 and will start at about 9-930.
The Courtrooms are small and the seating will be on a first come basis.
Those who come in support will gather in the large hallway outside of
the courtroom. There may also be supporters on the street in front of
the courthouse.
On Friday, Feb. 18, Lauren Murch is to appear for trial in the Juvenile
Court. She is still being charged with three felonies and five
misdemeanors.
Let me know if you would like further information.
Dennis Green
Life and Liberty Ministries
lifeandliberty@juno.com
http://www.lifeandlibertyministries.com
It will signal the beginning of the Tribulation. Christians will declare civil war only to be slaughtered by the ungodly UN's Imperial Stormtroopers. The UN will then declare Christianity to be illegal worldwide with all Christians either rounded up and killed or go into hiding. All Bibles will be decalred illegal with mere possession resulting in an automatic death sentence. Then I guess the UN could adopt VeriChip implantation as an unholy oath to be against Christianity. Maybe that's what the Mark of the Beast really is : a symbolic middle finger to God, Jesus, and Christianity.
PING
From my understanding of the situation, District Attorney Charles Ehrlich has a history of bizarre behavior in office. But since I don't have links to offer you, I've pinged freeper "4lifeandliberty" to this post in hopes that he has more definitive information about the DA that can answer your concerns.
--Boot Hill
I don't know much about Charles Ehrlich. One thing is obvious to me though, this guy dislikes the Bible and Christians that preach from it.
During our preliminary hearing, Ehrlich was in a rage as he yelled in the courtroom during his closing statements. He said the Scriptures were "hate speech", "fighting words" and "disgusting." Judge Meehan agreed. He likened us unto nazis and racists.
At one point our Attorney was explaining to the Judge that the messages on our banners were taken directly from the Bible and even had Scripture references on the bottom. Ehrlich, interupting our Attorney, commented "Maybe your Bible!"
During our last court appearance, Ehrich was called to the bench, rebuked, and told by the Judge to apoligize to our Attorney after calling him a liar when our Attorney asked a question.
He seems to have no peace. I pray that he yields himself to the Prince of Peace. He is lost and in need of the Savior. I ask that the Christians on this board pray for him. God saves wretches, I know because He saved me.
While I don't have the links, I've read some about his history. Just the parts you mention about his courtroom conduct confirm this. It's worth your while, and the defendant's while, to research this. Talk to local criminal defense attorneys, search the net, you'll be able to find this info and it could be critical in arriving at a strategy that would leave any jury ready to find the Philly 5 innocent, just from anger at the DA.
I'd give my eye teeth to be there during voir dire. That's going to be a dust up, all by itself!
May God bless you for your courage in standing up to this evil.
--Boot Hill
The following link will take you to a 700 Club News story about the Philadelphia arrests.
http://www.cbn.com/cbnnews/news/050210a.asp
I just got this note from the father of Lauren Murch (one of the Philadelphia 5)
And if that was not enough, what you report about the efforts to overturn the sexual orientation provisions of the hate crime statute is truly a miracle.
I'm going to see if I can find a current newstory on the legislatures actions in this case, and post it as a thread.
--Boot Hill
All charges were dismissed today!!!
Check out http://www.lifeandlibertyministries.com for the lastest articles about the dismissal of this case.
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