No Jail Time for Peter Watts

According to David Nickle's Blog, Judge Adair saw fit to spare Peter Watts any jail time. Mr. Watts himself wrote in his blog, "I. Am. Coming home." This lack of jail time is conditional on Mr. Watts paying $1700 and change in fines and costs.

I would love to offer more details, but the person who was going to attend in my place had to cancel at the last minute.

This is a good thing. What happened does not stack up to jail time. I was gravely concerned about what would happen to Mr. Watts behind bars. The relief is tremendous.

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I have always found that mercy bears richer fruits than strict justice.
- Abraham Lincoln

Peter Watts: Post Verdict Thoughts and Observations

Kennedy Space Center, FL - Peter Watt's was found guilty of assaulting US Customs and Border Protection officer Andrew Beaudry. He will be sentenced on April 26. There are a few loose ends that need tying up so let's get started.

The Port Huron paper was the only news organization that actually showed up in person to listen watch and report the trial. Of the day and half I was there to compare what they wrote to what I saw and heard, they were accurate. My personal preference would have been for a little more detail but they only have so many inches to give to each story.

Mr. Watts legitimately complained that with one exception, no one running this story anywhere in the media approached him for his side of the story.

But in terms of actual mainstream coverage — well, for example, we’ve got four newspapers here in Toronto. All have covered the verdict to some degree. None, though, have approached me for comment. The closest I got to a question from the press was when the National Post left a voicemail saying they’d already written a story, thank you, but could I provide them with a photo to go with it? Even the reporter from the Times-Herald — the only journalist in sight during the actual trial — wasn’t up for so much as casual eye contact as far as I could tell.
Peter Watts' Blog: Undemocratic Journalism

What Mr. Watts may not have understood is that the rest of the media that ran that story took it off the wire services that took it from the Port Huron Herald. Watching the stories evolve from the original work has been entertaining. It is interesting to see the slant on each version.

Mr. Watts himself wrote a very eloquent piece about the verdict.

Nor do I have any complaints about the Prosecutor. She seems like a nice person, and while she tried her best to nail me to the wall she never went over the line (beyond a certain fondness for hyperbole, which I gather is part of the game). She did her job; she obviously did it well enough; and under other circumstances I could see myself having drinks and swapping arguments with the lady.

I have no complaints about the judge, a seventysomething Irish dude with a fondness for St Patrick’s Day who drives a blood-red ‘vette. He was polite, he kept things as light-hearted as could reasonably be expected, and (most importantly) he appeared impartial.

I don’t even have complaints about all of the border guards. Behrendt started the ball rolling and Beaudry channeled Eric Cartman to a degree I’d not have thought possible for a live-action character, but I get the sense the others just got caught up in the turbulence.

Finally, I have no complaints about the jury. The fact that it took them so bloody long to deliberate suggests to me that they took their job seriously. Based on what little I could tell during the selection process, they seemed like decent folks. And while I profoundly disagree with their verdict, I can certainly see how they arrived at it, given the constraints of the statute.
Peter Watt's Blog: Guilty

Considering everything that happened to him on the day of his arrest and since that time, that was remarkably gracious and humble.

Speaking of blogging, Cory Doctorow immediately joined the fray once the verdict come down. Once again firing up his congregation of anarchists with little concern for the facts. He wrote:

That's apparently the statute: if you don't comply fast enough with a customs officer, he can beat you, gas you, jail you and then imprison you for two years. This isn't about safety, it isn't about security, it isn't about the rule of law.

It's about obedience.

Authoritarianism is a disease of the mind. It criminalizes the act of asking "why?" It is the obedience-sickness that turns good people into perpetrators and victims of atrocities great and small.
Cory Doctorow writing on BoingBoing

Cory is still suffering from story-too-good-to-check-syndrome. His views on everything from the United States to copyrights to government are quite naive and immature.

There are a few more matters being reported and blogged that are being actively disputed by Mr. Watts and the all-knowing people writing and commenting on BoingBong. Mr. Watts and BoingBoing both claim that he was not found guilty of assault, let alone assault on a police officer. I checked the on line court records. Then I called the court clerk. She verified the conviction on record is accurate.

St. Clair County Courts

The fact is that Mr. Watts' conviction is for assault. This is because the charge, Michigan 750.81(d)1 comes under Chapter IX - Assaults. The State of Michigan defines any physical resisting or physical obstruction of a police officer as assault. Here is the text:

750.81 Assault and battery; penalties; applicability to individual using necessary reasonable physical force in compliance with § 380.1312 of the revised school code; "dating relationship" defined.

Sec. 750.81d(1) Except as provided in subsections (2), (3), and (4), an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

This idea may have originated with someone calling them self "Proudinjun" who claims to have been on the jury. This person is posting far and wide across the internet offering pearls of wisdom and insight from inside the jury room. One of those pearls of wisdom is that the jury did not find Watts guilty of assault.

As a member of the jury that convicted Mr. Watts today, I have a few comments to make. The jury's task was not to decide who we liked better. The job of the jury was to decide whether Mr. Watts "obstructed/resisted" the custom officials. Assault was not one of the charges. What it boiled down to was Mr. Watts did not follow the instructions of the customs agents. Period. He was not violent, he was not intimidating, he was not stopping them from searching his car. He did, however, refuse to follow the commands by his non compliance. He's not a bad man by any stretch of the imagination. The customs agents escalted the situation with sarcasm and miscommunication. Unfortunately, we were not asked to convict those agents with a crime, although, in my opinion, they did commit offenses against Mr. Watts. Two wrongs don't make a right, so we had to follow the instructions as set forth to us by the judge.
The Times Herald: Comment for Jury finds author Watts guilty

Originally I wanted to see the trial to see if the bloggers, journalists and others that were bound to write about this all went to the same trial. It never crossed my mind that I would have to apply the same standard to the jurors.

However, based on what Proudinjun wrote it cannot be avoided now. After the jury was selected the judge read the above statute in its entirety. I managed to get much of it down on paper in my notes. Then he explained the elements of the charge the prosecution would be required to prove in order for the jury to convict Mr. Watts. That explanation is also paraphrased in my notes. Judge Adair used the word assault twice more by my notes.

That leaves two possibilities only one possibility. Proudinjun somehow missed or forgot the judge's explanation at the beginning of the trial. Either that or is simply lying about being on the jury. (Proudinjun has since been verified as a jury member by Mr. Watts.) I was not present to hear the final instructions to the jury before they went to deliberate so I cannot speak to the last thing they heard before going in to deliberate.

Proudinjun's desire to convict the officers of a crime speaks volumes about where their head is at. It does leave one very big unanswered question. If this person felt this strongly about the way the case went and the actions of the US Customs and Border Protection officers, why did they vote to convict? All it takes is one juror and no conviction.

I don't see a gray area here. Under Michigan law, Mr. Watts is guilty. He was guilty the minute he declined Officer Behrendt's offer to hand cuff him by pulling away from her and the other officer. Personally speaking based on what testimony I heard, I don't think this stacks up to a Felony. I understand what happened. I understand why it happened. I even understand why the law is written as it is.

In a perfect world the events surrounding this case would draw an "Offsetting penalties, repeat the down" call. But this is not a perfect world. Our laws must be one size fits all. Without that standard of law enforcement the guarantee that everyone regardless of race, color, religion, sexual orientation, nationality or social status (Did I miss anyone?) all get the same treatment would be impossible. Unfortunately due to differences in personalities, culture and even language, that means some are going to get a better fit then others.

The US government had no choice but to seek a conviction to protect itself from civil liability. The jury had no choice but to weigh the evidence against the elements of charge and rule accordingly.

There is another matter here that needs addressing. Referring back to the court printout, you will see a habitual offender, second offense charge. Back in 1991, Mr. Watts had another brush with the law. Interestingly enough, it was challenging an officer's authority on a stop.

In 1991, while riding my bicycle along a deserted road at 2 a.m., I was pulled over by a cop; apparently I had not come to a complete stop during a right turn a half-block previously. I wanted to know what my legal rights and obligations were (that’s exactly how I put it) before presenting ID — my thinking being, since I was not driving a motor vehicle, I probably wasn’t even obligated to be carrying ID. So I asked the cop about my rights and obligations; he repeated his demand; I said I wanted an answer; I was arrested.

$400 to the Salvation Army and it went away: conditional discharge, which under Canadian Law means that there’s no conviction and my record is clear. If Fritz wants to call the Guelph courthouse, he may be able to prevail upon them to send him an official notice to the effect that all the relevant records have long since been destroyed because it was such a dick-ass case.
Peter Watts' Blog: Comments on Undemocratic Journalism

My friend, what is it with you and badges?

Peter's claim there is no record of a conviction involving him anywhere in Canada is defective. If there were no record, the US prosecutor wouldn't know about it. By Canadian law, he may be able to legitimately claim he has no record to the private sector. But the law enforcement side still has a record of it. Deferred or not, it is still a conviction as far as future infractions go. This makes sense. Without this kind of a system very few people would get a second offense. Just lots and lots of first ones.

I spent a long time pondering this entry. If it were not for some misinformation out there it may not have been written at all.

I like Peter Watts. In fact I intend to donate to the kibble fund. My feeling matches my new acquaintance, Jamie Mason, this was the perfect storm. What we had here was a combination of several things the made this mess possible. We have Peter Watts with a habit of questioning (and possibly even contempt for) authority, completely lacking in street smarts and apparently unaware he and his vehicle can be legally searched on either side of an international border. We have US Customs and Border protection officers that are trained to respond in certain ways based on the actions of the subject they are in contact with, they nervous about officer safety and dealing with someone they don't know from Elmer Fudd who just got out of the car and refuses to get back in it or step away from it.

That volatile mixture hit critical mass and the rest is history.

Mr. Watts is very grateful to Doctorow and all the others that spread the word about his plight and jumped on the band wagon with moral and financial support. They raised a fairly large quantity of money to pay for his defense. I feel that the public defender's office and their limited resources would have been unable to deliver a good defense here. So in spite of the bad taste left in my mouth left by Cory and Co's playing "real journalist," I do give a grudging tip of the hat to Doctorow. All of those people did a good thing for a friend in trouble.

When it comes down to it, that is one of the most important things that we can do in this life.

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Laws are like sausages, it is better not to see them being made.
- Otto von Bismarck

Peter Watts Found Guilty

The jury is back. They found Peter Watts Guilty. More details as they come.

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Charity is no substitute for justice withheld.
- Saint Augustine

Peter Watts Trial: No verdict yet

Cordell, GA - The jury went home for the night without reaching a decision. Tomorrow they will start again.

Times Herald: UPDATED: No verdict in Watts case

I might be home in a couple hours or so.

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On the road again...
- Willie Nelson

Peter Watts jury asks to see video tape

Macon, GA - An acquaintance I made at the trial is kindly keeping me updated. The jury asked to see the video tape again. This was allowed.

Then they asked to take the video to the jury room where they could review it and still frame it. The judge refused that request explaining that it would be conducting an investigation. This is proper because a jury is only allowed to make their decision based on the testimony and evidence presented at the trial.

It is clear the jury is going into great detail on the case. Wonder if this is a good thing or a bad thing.

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A jury consists of twelve persons chosen to decide who has the better lawyer.
- Robert Frost

Peter Watts Trial goes to the Jury

Chattanooga, TN - Just heard form the someone in the court room. The jury has the case. There is more to write about the case, but I have to drive.

Times Herald Reporter Liz Shepard did an outstanding job of nailing the facts while staying neutral in story covering the first day of the trial. I recommend following her coverage to the end. Here are the links:

Times Herald: Officer: Author did not comply
Times Herald: Watts' trial to continue at 1:30
Times Herald: Writer takes stand

Now everyone waits.

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A criminal jury consists of 12 people, each and everyone one of which have their own personal history they will apply to whatever you present before them. The secret to a jury trial is to find that one common denominator that will compel each one of them to vote your way in the jury room.
- Denver District Attorney Dale Tooley

Peter Watts Trial - Day One

Port Huron, MI - The majority of today went toward jury selection. Another hour went toward instructing that jury in what their duties are, the rules about discussing the trial with anyone, reading about it or listening to news reports. The judge detailed the elements of the law Peter Watts is charged with breaking. He told the jurors that Watts actions must meet the elements of the law beyond a reasonable doubt.

During the opening statements and questioning of one prosecution witness, the sequence of events leading to Watts' arrest came into sharp focus. Much of the earlier information was very sketchy and painted a different picture from the facts.

One of the things numerous people mentioned after hearing about Watts arrest is there is no customs check point on the outbound Blue Water Bridge. Several expressed doubt that he was actually stopped by border patrol. Others thought he must have been stopped somewhere in town by a roving patrol. It turns out that the border patrol, now known as US Customs and Border Protection, conducts occasional  "outbound operations" on the bridge. When these operations are going on, random vehicles are waved over to the side of the road just past the toll booths for inspection.

It turns out that Watts was flagged over because the rental car he drove had Washington plates. The Blue Water Bridge does not get a great deal of traffic from Washington state, so that made Watts' car stand out in the crowd. That testimony kills off speculation by myself and others that the mere fact that it is a rental car drew the attention.

During his opening statement, Watts' attorney, Douglas R. Mullkoff, stated for the record his version of Watts' initial contact border patrol officer Julie Behranz. He said that Behranz waved Watts over for the initial stop and check. Watts waved back and drove on until his passenger mentioned that he thought she wanted him to stop. Behranz later testified that Watts went "another 30 feet" before stopping.

According to Mullkoff, when Behranz first talked to Watts, she said, "I wasn't waving hello, I was waving for you to stop."

Millkoff then stated that Watts replied, "Well I guess I'm still on the American side. In Canada that means hello." Mullkoff added that is something Watts now wishes he had not said. Behranz testified that Watts appeared "agitated" from the first contact. 

Behranz said that border patrol officers began a search of Watts' car. They opened the trunk and looked in the back seats. One of the officers opened Watts back pack holding his computer and said something about it. At that point Watts got out of the car and asked what the officer was doing with his computer. During opening statements, Mullkoff stated the importance of that computer to Watts. He said it contains notes, several chapters of a new book, etc.

Behranz testified she ordered Watts back into the car. She said that Watts did not comply, instead standing there with his hands firmly gripping the open car doors. She said that Watts repeated his question making no move to get back in the car. At that point Berhanz stated she decided to cuff Watts and ordered him to step away from the car. She said that Watts took neither action and continued standing there.

Behranz testified at that point Officer Beaudry came over to assist. During her testimony she said that Beaudry was their defense instructor and the other officers gave him room. She said that Beaudry and Watts "tussled" and both of them ended up back in the driver's seat of the car, Beaudry in Watts' lap.

During the prosecution's opening statement, the prosecutor stated it was at this point that Watts choked Beaudry. She said that Watts' had a grip on Beaudry's uniform collar.

During further testimony, Behranz stated that somehow Beaudry and Watts exited the car with Watts assuming an "aggressive stance." She described that stance as "bladed" and clarified that to mean standing at and angle giving a better advantage to strike from. Behranz said that Beaudry ordered Watts to ground several times.

Behranz said at this point Beaudry used his "C-Spray." Watts did not go down and continued standing there, only moving to wipe his eyes clear. She said that Beaudry then pulled his baton and again ordered Watts to the ground. At that point she states Watts did drop to a sitting position and then after more commands, a prone position where he was cuffed. She testified that Beaudry did not strike with the baton.

According the testimony today, during this entire event, the passenger in Dr. Watts' car did nothing but sit there.

Behranz later testified that EMS was called and did examine Watts.

Only one witness was heard today. Both sides wrapped up with her around 4:00 p.m. and the judge recessed the court room until 9:00 a.m. Wednesday.

Journalist Mode OFF - Editorial Mode ON: Everything from here on down are my own thoughts.

During his opening remarks, Mullfoff carefully pointed out that all the reports on the incident were very much alike. He flat out said he felt they were too close in nature and were contrived. I have not seen the reports so cannot weigh in on that statement. But I can tell you that all the officers on scene were at the same event. They are trained to take mental notes as things unfold. To me it makes sense their reports would be similar in nature. I would find more problem if they they were all different.

There is a video tape. It was not shown today, but both sides alluded to it. Mullkoff stated that if the prosecution did not introduce it, he would. Watts himself told me the tape is not very good, that he was but a "few pixels" in the frame. And here I thought we'd spent millions putting cameras all over the border.

I like Peter Watts. I talked with him several times. He seems like a really decent sort. I really hope he comes out of this more or less unscathed. I also understand the need for local, state and federal officers to do their jobs in such a way that won't get them injured or killed. And the law states that you must follow officer instructions during a border search. This is for the safety of everyone, officers and those being stopped.

I won't be able to see the entire trial. It was only by a good twist of fate that I managed to make it up here today. It is doubtful the jury will get it before Thursday based on the detail the defense is going into while dissecting the prosecution witnesses. I may catch an hour or two in the morning. But that is it.

That prohibits me from seeing any of the defense. Under these circumstances I will not speculate as to Watts' guilt or innocence in this matter. Nor will I speculate as to whether or not officer Beaudry over reacted as Mullkoff so firmly declared in his opening statement. That privilege is now left to the jury.

Oh, one other thing. No sign of Cory Doctorow or any of the rest of all those people that so freely played with Watts' life while trying to make him a martyr to the cause. Are they afraid of the courthouse?

Fortunately, he does have a couple people there supporting him. A few more would be nice if you are in the area and don't have anything better to do.

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How many different ways can you ask her that question?
- Me, thinking to myself in court today.

'twas the night before trial...

Port Huron, MI - The fates allowed me to witness Peter Watts' trial. Once the proceedings are over I will sit and start writing. My goal is to give an unvarnished account of the trial. After which I may or may not post my own thoughts and feelings on the matter.

It will be interesting to see if Cory Doctorow shows up. He helped make Dr. Watts' bed, he should be there when the doctor has to lay in it.

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A jury consists of twelve persons chosen to decide who has the better lawyer.
- Robert Frost

An update on Peter Watts' boot lesson

Dr. Watts has been bound over for trial by jury:

A March 16 jury trial has been scheduled for a 51-year-old Toronto author charged with assaulting a Customs and Border Protection officer Dec. 8.

Peter Watts’ last chance to plead guilty to a charge of assaulting a police officer is March 5.
The Times Herald: Trial scheduled in Watts case

I would give a great deal to be there for the trial. In fact, if the fates and vacation Gods allow, I might even do that very thing. That way I can experience the trial first hand and then read about it on Boing Boing and other blogs.

It will be interesting to see if we all attend the same trial. That alone is worth the expense and vacation time.

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There are three sides to every case. The plaintiff's complaint, the defense response and what really happened.
- Judge Robert. F. Phipps

A follow up to yesterday's post on Dr. Peter Watts arrest a tthe Port Huron Border

Indianapolis, IN - Have you ever read something and said to yourself, "Oh how I wish I'd written that?"

Allow me to recommend this blog post by someone I've never heard of, but makes an incredible amount of sense.

The Scriptorium: jamie mason's blog - Why Peter Watts Got Boot-Fxxxed

Anyone really interested in figuring this mess out should give it a full read.

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The problem we are dealing with at the border is not a Democratic problem. It is not a Republican problem. It is an American problem.
- J. D. Hayworth

Cory Doctorow and a story just too good to fact check

Indianapolis, IN - I got to meet and talk with Cory Doctorow at Penguicon a few years ago. At the time I knew there many things we would disagree on. His politics lean somewhere just to the left of Nancy Pelosi. Doctorow's stance on copyrights and freedom to share anything digital, music and movies included, are immature and unrealistic. But even with all those differences in it was still a pleasant and fascinating chat.

I used to believe Doctorow was way out of left field but pretty much straight up when it came to his facts and his arguments. It is possible to disagree with someone and still respect their position on the matter.

Doctorow's reaction to a recent incident at the Port Huron border now leads me to believe otherwise. His friend, Canadian author Dr. Peter Watts was pepper sprayed and arrested after an altercation with border guards while trying to leave the country.

So far, everyone can agree on the following facts:

• Dr. Watts drove a rental car to the Port Huron border crossing.
• The US border patrol selected him for extra screening.
• Dr. Watts exited the car to ask why he was being singled out.
• Border patrol officers told him to get back in the car.
• A struggle took place, Dr. Watts was pepper sprayed and arrested.

The above facts are outlined in news reports:

Jones said Watts was crossing into Michigan from Point Edward when he was selected at random for a secondary Customs inspection. Watts exited his vehicle "angrily" and border officers began checking the black sport utility vehicle he was driving, Jones said.

Border officers ordered Watts back into the vehicle, and when he refused, officers attempted to handcuff him, Jones said. At that point, Watts began to resist and pull away from the officers "and became aggressive toward officers," Jones said.

Jones said a border officer used pepper spray to subdue Watts. Jones said Watts "choked" an officer during the struggle.

Jones said Port Huron police were called to the scene after the scuffle and took Watts into custody.
The Times Herald: Writer faces assault charge

And in Dr. Watts own blog:

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, s___-kicked, handcuffed, thrown wet and half-naked into a holding cell for three f___ing 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.).
Dr. Watts' Blog (Not work safe for language)

I was concerned that Doctorow might be over looking the extreme possibility there may be more to this then being told on Dr. Watts' blog. (The Times-Herald story had not hit the street by that time.) I suggested through a comment on BoingBoing that Doctorow have a look at the reports and video of the event:

Cory, you made part of your career out of gaining access to public records. I would like to see the arrest and detention reports published here unedited.

Additionally, in the post 9/11 world our border crossings are bristling with recorded video cameras. If I remember the rules correctly, that video will also be public record.

All I'm asking is that the entire story be told. It would trouble me deeply to see some use you and your reputation to complain about a spanking they actually earned.
BoingBoing

Doctorow's response was that he was speechless at my use of the word "spanking" in reference to what happened to Watts. He rightfully pointed an error I made in writing that leaving the country is a privilege. (I meant entering, but for some reason typed "entering or leaving.") Then he more or less told to file my own FOIA because he didn't approve of my statements.

This shows me that Doctorow is not interested in what really happened. Like almost all of those who delight in bashing the United States Government, he is only interested in promoting the cause. Confusing the validity of their complaint with facts is something to be avoided at all costs.

There is no getting around it. For these people, this is one story that is just too good to fact check. They are going to get all they can out of it. What Dr. Watts really did or did not do is irrelevant as long as the incident can be used to further bash policies and laws they disagree with.

I think this story needs telling for a couple reasons. BoingBoing has a huge following. It is troubling that other comments saying pretty much the same thing I did were deleted from the article. My last response to Doctorow suggesting this story was "too good to fact check" was deleted as well. It is their board, the moderators have that right. But it shows where the moderators and/or Doctorow are coming from. That reflects badly on everything else written there.

The other is equal time. Maybe the half dozen of you reading this will take a minute to think over the actual facts we have as of right now. We all know there are bad cops out there. But 99% of the time, the pepper spray and smack down come out only after numerous ignored warnings. Logically, the events do not make sense as described by Dr. Watts. When adding to the equation all the cameras now present at border crossings, it makes even less sense. The Border Patrol agents know their actions are being recorded.

So what is the truth here? Did the Border Patrol from Hell assault Dr. Watts for having the tenacity to politely and respectfully question their authority and motives? Or did he come flying out of the car cussing a blue streak, ignore repeated warnings to get back in his car before he got run over and then attempt to resist arrest with violence after the border patrol ran out of patience with his antics?

I don't know. I wasn't there. Neither were Cory Doctorow or all those people looking to lynch the Border Patrol agents and various government officials including George W. Bush to avenge this outrage. (Yes, several blamed the whole thing on President Bush.)

I suspect the truth is somewhere between those two extremes.

Last note: If Dr. Watts is truly an innocent victim here I will be at the front of the line to help protest what happened to him.

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If your mother tells you that she loves you, check it out.
- Painted on the wall of the old Chicago News Bureau.