Dr Peter Watts, Canadian science fiction writer, beaten and arrested at US border

boingboing ^ | December 11, 2009 | Cory Doctorow

[Hank Kerchief]

My friend, the wonderful sf writer Peter Watts was beaten without provocation and arrested by US border guards on Tuesday. I heard about it early Wednesday morning in London and called Cindy Cohn, the legal director of the Electronic Frontier Foundation. She worked her contacts to get in touch with civil rights lawyers in Michigan, and we mobilized with Caitlin Sweet (Peter's partner) and David Nickle (Peter's friend) and Peter was arraigned and bailed out later that day.

But now Peter faces a felony rap for "assaulting a federal officer" (Peter and the witness in the car say he didn't do a thing, and I believe them). Defending this charge will cost a fortune, and an inadequate defense could cost Peter his home, his livelihood and his liberty.

Peter's friends are raising money for his legal defense. I just sent him CAD$1,000, because this is absolutely my biggest nightmare: imprisoned in a foreign country for a trumped-up offense against untouchable border cops. I would want my friends to help me out if it ever happened to me.

Update: Here's more from Peter, in his own words: "Along some other timeline, I did not get out of the car to ask what was going on. I did not repeat that question when refused an answer and told to get back into the vehicle. In that other timeline I was not punched in the face, pepper-sprayed, [expletive deleted by Mod], handcuffed, thrown wet and half-naked into a holding cell for three [expletive deleted by Mod] hours, thrown into an even colder jail cell overnight, arraigned, and charged with assaulting a federal officer, all without access to legal representation (although they did try to get me to waive my Miranda rights. Twice.). Nor was I finally dumped across the border in shirtsleeves: computer seized, flash drive confiscated, even my fucking paper notepad withheld until they could find someone among their number literate enough to distinguish between handwritten notes on story ideas and, I suppose, nefarious terrorist plots. I was not left without my jacket in the face of Ontario's first winter storm, after all buses and intercity shuttles had shut down for the night.

"In some other universe I am warm and content and not looking at spending two years in jail for the crime of having been punched in the face."

Sf writer David Nickle writes,

Hugo-award-nominated science fiction author Dr. Peter Watts is in serious legal trouble after he was beaten, pepper-sprayed and imprisoned by American border guards at a Canada U.S. border crossing December 8. This is a call to friends, fans and colleagues to help.

Peter, a Canadian citizen, was on his way back to Canada after helping a friend move house to Nebraska over the weekend. He was stopped at the border crossing at Port Huron, Michigan by U.S. border police for a search of his rental vehicle. When Peter got out of the car and questioned the nature of the search, the gang of border guards subjected him to a beating, restrained him and pepper sprayed him. At the end of it, local police laid a felony charge of assault against a federal officer against Peter. On Wednesday, he posted bond and walked was taken across the border to Canada in shirtsleeves (he was released by Port Huron officials with his car and possessions locked in impound, into a winter storm that evening). He's home safe. For now. But he has to go back to Michigan to face the charge brought against him.

The charge is spurious. But it's also very serious. It could mean two years in prison in the United States, and a ban on travel in that country for the rest of Peter's life. Peter is mounting a vigorous defense, but it's going to be expensive - he's effectively going up against the U.S. Department of Homeland Security, and he needs the best legal help that he can get.

He's got that help, courtesy of one of the top criminal lawyers in the State of Michigan. We, Peter's friends and colleagues here in Canada, want to make sure he gets the help he needs financially to come out of this nightmare whole.

The need for that help is real. While Peter is a critically successful science fiction writer, he is by no means a best-selling author. Without help, the weight of his legal fees could literally put him on the street by spring.

We can't let that happen. So there's going to be fundraising.

We're going to think of something suitable in the New Year - but immediately, anyone who wants to help can do so easily. Peter's website, rifters.com, has a link to a PayPal account, whimsically named the Niblet Memorial Kibble Fund. He set it up years ago for fans of the Hugo-nominated novel Blindsight and his Rifters books, to cover veterinary bills for the cats he habitually rescues from the mean streets of Toronto. Peter has made it clear that he doesn't want to use the veterinary money to cover his lawsuit. But until we can figure out a more graceful conduit for the legal fund, that's the best place to send donations for now. Just let Peter know that the donation's for his legal defense, and that's where it will go.

Here's the link to the backlist page on Peter's website, rifters.com, or you can just send a PayPal donation to donate@rifters.com.

The link to the Niblet Memorial Kibble Fund is in the middle of the page. The page also links to Creative Commons editions of all his published work, which he's made available free. Peter would approve, we think, if you downloaded one or two or all of them. Whether you make a donation to the legal fund or not.

Update: David Nickle adds, "there's a very small correction I need to make to the account that's gone, erm, viral. I had thought that Peter had made his way back on foot; in fact, police released him in shirtsleeves at the Canadian side of the border. It was a winter storm, he was in shirtsleeves, but he didn't have to cross the bridge on foot.

I'd misunderstood Peter's account on that point. "

[fanfan]

Thanks for the ping, Natural Born 54.

[Cold Heat]

At the time of the founders, if you looked kinky, they hung you and asked questions later. Law enforcement was mostly direct, forceful and immediate judge and jury. They did not often take time to ferret out the facts and this is why it became what it is today where the criminal has more right than the victim. It is a overshoot which always happens in democratic versions of government.

I suppose it's better than witch burning.

Those who complain about authorities using their power today would be shocked at the original.

What you are thinking about and desire could only be found in the territories where there was very little government and virtually no law. There they shot you first and asked questions later.

[hoosierham]

I am arguing that a just society would inform the person WHY he was being searched,would not keep his property any longer than absolutely necessary,would return said property as found with no storage fees and wouldn't think of maybe installing gov't spyware on his computer,would be careful to treat ALL persons with respect until they demonstrate they will not reciprocate,and would not subject anyone to adverse weather or other conditions just to "prove who's in charge".

You know,just in case the person is not guilty.

Speaking of the ignorance and brutality of some of our ancestors we might ponder those who demanded freedom from the king while themselves holding humans in slavery.

Therefore we ought to strive to be better in treating one another.

I doubt this grade B writer is the kind of threat to America posed by the 20 million illegal immigrants who mostly poured through the southern border or the hundreds of thousands of "Muslim refugees" brought over by our government-refugees who will expect to continue much of the behavior that made their home countries undesirable.

[Former Proud Canadian]

I, too, live on the border. I have crossed back into Canada over a thousand times. As a general rule neither country will stop you on exit.

One time, post 9-11, there was a group of agents in swat gear on the bridge. This was highly unusual. I rolled down my window and asked if I could help them. They waved me through because I wasn't the droid they were looking for. I have no idea what happened to this guy but I'm guessing they asked him a few questions and his answers were not "yes sir, no sir, three bags full sir."

[dennisw]

good advice

[verga]

apparently you know much less about Law Enforcement than you think you know. Every time someone pulls up to a border check point, or an officer pulls a driver over they are potentially at risk from the driver.

Second The second he got out of his car he became a threat.

When he refused to get back into his car he became a criminal. Refusing a reasonable request of a LEO is a crime. and whether you like it or not being directed to re-enter your car so that it is more difficult for you to assault an officer is reasonable.

Third when he resisted arrest if he made any contact with one of the officers that is assault and he is now a felon.

He got exactly what he deserved and actually probably a lot less.