Friends & Supporters,

Jed Stone, Eric Shah, Gregory and his legal team recently wrapped up work on a powerful Reply Brief. The opening paragraphs capture the significance of the battle to overturn the false charges against Gregory for videotaping Sunsara Taylor’s statement with his iPhone nearly 2 years ago:

Across North Africa and the Middle East, during what became known as the “Arab Spring,” ordinary citizens, using cell phones and video cameras, preserve the truth about the events that unfolded before them.  Here, in the United States, we have a tradition of protecting those of us who seek to gather, record and preserve information about public events.

The prosecution of Gregory Koger was initiated because he used a cell phone camera to capture and record the words of Sunsara Taylor, and preserved on video her treatment by the Ethical Humanist Society of Chicago (hereinafter, “EHSC”) and Skokie police officers present at an open meeting at the EHSC.  It is clear that others photographed the events of the EHSC that Sunday morning…  No one other than Gregory Koger was told to stop taping or photographing.  It is equally clear that capturing Ms. Taylor’s statement about her censorship by EHSC (and the police reaction to it) was constitutionally protected.

This ill-conceived arrest and prosecution was made worse by the prosecution’s confounding of law of trespass, incorrectly telling the trial court and jury that Mr. Koger’s continued taping constituted a trespass.

Gregory’s Reply Brief goes on to expose numerous factual misstatements in the State’s brief before breaking down, point-by-point, the legal errors that contributed to Gregory’s unjust and unlawful conviction and sentence of 300 days in jail. It also highlights how an important recent case regarding the right to document newsworthy events and the actions of police, Glik v. Cunniffe, relates to Gregory’s prosecution:

“As the Supreme Court has observed, ‘the First Amendment goes beyond protection of the press and the self-expression of individuals to prohibit government from limiting the stock of information from which members of the public may draw.’…  An important corollary to this interest in protecting the stock of public information is that ‘[t]here is an undoubted right to gather news “from any source by means within the law”… The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public’s right of access to information is coextensive with that of the press… Moreover, changes in technology and society have made the lines between private citizen and journalist exceedingly difficult to draw. The proliferation of electronic devices with video-recording capability means that many of our images of current events come from bystanders with a ready cell phone or digital camera rather than a traditional film crew, and news stories are now just as likely to be broken by a blogger at her computer as a reporter at a major newspaper. Such developments make clear why the news-gathering protections of the First Amendment cannot turn on professional credentials or status.”  Glik v. Cunniffe, 2011 WL 3769092, (1st Cir.), August 26, 2011.

The arrest and prosecution of Gregory Koger were born out of the Ethical Humanist Society’s attempt to prevent Mr. Koger from documenting Sunsara Taylor’s peaceful statement opposing their censorship of her speech.  The involvement of Skokie Police and the misuse of the criminal trespass statute to further this aim have grave implications for the public’s right to document public events.

We hope you’ll take a moment to read the Reply Brief – you can download it here. The filing of the defense Reply Brief concludes the briefing portion of the appeal. We’re now awaiting a decision from the appellate court as to whether they are going to grant oral argument on the appeal. We’ll keep you posted! Gregory sends his deepest thanks for all of your support and the Ad Hoc Committee urges you to continue to publicize this case and demand his unjust conviction be overturned!

Over the last two years, many of you have supported Gregory Koger both emotionally and financially while he has defended himself from a vindictive prosecution spearheaded by the Ethical Humanist Society of Chicago.  The Ad Hoc Committee for Reason, formed to help with Gregory’s defense, wants to update you on the status of his case.

You’ll recall that Gregory was arrested in November, 2009 at the EHSC where he was peacefully video-recording Sunsara Taylor as she made a very brief statement before the Sunday meeting began.  He was charged with three misdemeanors: trespassing, simple battery, and resisting arrest.  These are often called “cover charges” because they are frequently used by police to cover up their own misconduct.  In August 2010, Gregory was convicted of all three charges in a trial that was loaded with judicial and prosecutorial bias against him.

Despite many letters of support and personal testimony in Gregory’s favor, Judge Marguerite Quinn sentenced Gregory to 300 days in Cook County jail. Misdemeanor convictions generally receive either no jail time or very little.  Despite the fact that Gregory’s lawyer asked for bail while his case was appealed, Judge Quinn refused to grant bail, which is also unusual in misdemeanor cases, and she sent Gregory directly to Cook County jail.

After being jailed for two months, the Illinois Appellate Court granted Gregory bail, in spite of the State’s Attorney’s opposition.  Gregory’s next step was to file a written appeal.  Before preparing his appeal, Gregory had to pay for the costly official transcript of his trial.  Many of you helped raise money for Gregory’s lawyers and for the transcript.  Once the appeal brief was filed, the State’s Attorney’s officereceived several time extensions to file its rebuttal.

A few weeks ago, the State’s Attorney’s office finally filed its rebuttal.  Gregory and his lawyers were surprised to discover that this rebuttal is replete with errors and appalling misrepresentations of fact. Following are a few examples of the prosecution’s misrepresentations, which could certainly be expected to improperly bias the Appellate Court judges against Gregory as they review his appeal:

1.    The State’s Attorney continues to erroneously equate being asked to stop videotaping withtrespass.  Gregory’s attorneys objected to this misstatement of the law throughout the trial and in their appeal brief.  To be legally guilty of trespass, a person must be ordered to leave by the property owner or the owner’s authorized representative, and must be given time and opportunity to leave.  In fact, the then-president of EHSC testified under oath that he never asked Gregory to leave before he was grabbed, dragged, and assaulted by the police.

2.     The State’s Attorney claims that Gregory and Sunsara Taylor arrived just one minute before the EHSC program was set to start, apparently in an effort to make it appear to the Appellate Court as if Gregory and Ms. Taylor wanted to disrupt the program.  But, there was no such testimony; in fact, several witnesses testified that the pair entered EHSC at least 10 minutes before the scheduled start of the program.

3.    The State’s Attorney’s rebuttal falsely claims that an ex-EHSC board member testified that Ms. Taylor was never actually invited to speak on the Sunday when Gregory was arrested.   Actually, this board member testified under oath that Ms. Taylor WAS invited, and that an announcement of her talk was published, and widely distributed, in the EHSC newsletter.

4.    The State’s Attorney’s rebuttal claims that the former president of EHSC testified that he told Gregory to leave on the fateful morning.  In fact, as mentioned above, the court record shows he actually stated that he did NOT tell Gregory to leave.

In the next few weeks, Gregory and his attorneys will prepare a reply to the State’s Attorney’s rebuttal that points out these misrepresentations.  We hope that the Appellate Court judges will see the contradictions between the actual court record and the prosecutors’ misrepresentations of fact and law, and that they will wisely conclude that Gregory’s conviction should be overturned.

Your support for Gregory’s defense has been invaluable, and we are all very grateful to you.

The Ad Hoc Committee wants to let our friends and supporters know that Gregory will be moderating this important discussion:

Forum on the California Prison Hunger Strike & Torture in U.S. Prisons

Thursday, August 4 at 7pm
Grace Place, 637 S Dearborn Street, Chicago

Beginning on July 1, 2011, hundreds of prisoners in California’s Pelican Bay SHU (“Security Housing Unit”) began a historic hunger strike to demand an end to long-term solitary confinement, which constitutes torture under international law, and other demands to end the cruel and inhumane treatment they suffer under. The hunger strike rapidly spread to over 6,500 prisoners in over one-third of California’s prisons, making their heroic stand the most significant prisoner-led resistance in the U.S. in decades. After going without food for 20 days, the prisoners at Pelican Bay ended their hunger strike, with a call to people on the outside to continue the struggle against torture in U.S. prisons and to ensure their demands are met and that they are not retaliated against for their peaceful political protest. As of Friday, July 22, California prison administrators reported hundreds of prisoners at California’s Corcoran SHU remained on hunger strike, and families reported as of July 26 that prisoners at Corcoran continued to refuse food. The prisoner’s demands and more details are available here.

The use of long-term isolation pervades the U.S. prison system, with tens of thousands of prisoners held in conditions that violate international standards against torture. Join us for a discussion of the courageous stand taken by thousands of prisoners across California and the widespread, systematic use of long-term solitary confinement in U.S. prisons – including in Illinois, the effects of torture on its survivors and what people of conscience can do.

The courageous actions of the prisoners in California risking their lives on hunger strike have dragged the hidden humanitarian crisis that is the pervasive use of long-term isolation in U.S. prisons into the light – anyone concerned about human rights must be part of this discussion.

Panelists include:

Dr. Antonio Martinez, a psychologist with the Institute for Survivors of Human Rights Abuses and co-founder of the Marjorie Kovler Center for the Treatment of Survivors of Torture. Dr. Martinez has lectured about the trauma and consequences of torture and abuse throughout the world.

Alan Mills, Legal Director of the Uptown People’s Law Center. The People’s Law Center has has been engaged in litigation to change conditions at Tamms, Illinois supermax prison, since the day it opened.

Stephen F. Eisenman is Professor of Art History at Northwestern University.  He is the author of (among other books) Gauguin’s Skirt (1997) and The Abu Ghraib Effect (2007).  He is also a prison reform activist with Tamms Year Ten, and regularly publishes his criticisms of the “penal state” in The Chicago Sun Times and Monthly Review. Prof. Eisenman is currently completing a book entitled Meat Modernism concerned with the image of animals in Western Art from the mid 18th Century until today.

Laurie Jo Reynolds is the organizer of Tamms Year Ten, the grassroots campaign to end the use of long-term isolation at Tamms supermax prison in Southern Illinois. TY10 was launched in 2008, at the ten-year anniversary of the opening of the prison, with the strategy of pushing for reform through public education, media attention, and legislative oversight. TY10 mounted more than 50 educational, artistic and cultural events about the use of isolation and segregation in Illinois prisons, and pulled together a coalition of concerned citizens, faith groups, mental health advocates, law and public policy clinics, prison reformers, and human rights organizations, such as Human Rights Watch and Amnesty International in London. Reynolds is currently a Soros Justice Advocacy Fellow.

Moderated by Gregory Koger, social justice activist who as a youth spent over six years straight in solitary confinement in prison in Illinois.

Sponsored by the Chicago Chapter of World Can’t Wait and Prisoners Revolutionary Literature Fund

Endorsed by the Chicago Chapter of the National Lawyers Guild

Humanists for the Ethical Treatment of Gregory Koger published as an ad the following statement in the March/April 2011 issue of The Humanist magazine:

Read The New York Times article on Chris’ case and check out his website for more information.

Sponsored by:
Chicago Women’s Caucus for Art
The Ad Hoc Committee for Reason
World Can’t Wait — Chicago & Evanston Chapters

Endorsed by:
Chicago Coalition Against War and Racism
Neighbors for Peace

On behalf of the Ad Hoc Committee,  thank you to everyone who has been a part of the efforts for justice for Gregory Koger – by signing petitions hosted by World Can’t Wait, by contributing to the defense fund, by spreading the word about this outrageous prosecution to mobilize others.

As you may recall, Gregory was arrested in November 2009 when he was videotaping Sunsara Taylor’s brief statement at the Ethical Humanist Society of Chicago, which is not a crime.  The Society had cancelled a speech Ms. Taylor was scheduled to give after key members were whipped up into a frenzy of anti-communist hysteria.  Gregory was beaten and maced by the police, and then charged with trespassing, resisting arrest, and simple battery.  A brief by The American Constitution Society describes these charges as “cover charges,” because they are so often used to cover up police misconduct.

This past August many of us spent time in the Skokie, Illinois court house at Gregory’s trial, and it was quite an eye opener to watch the justice system at work.  It’s not like on television!  While the judge declared her joy at the many people attending the trial, there were never enough seats, and the bailiffs never seemed happy with our behavior whether court was in session or not.  When court was not in session, they regularly barked commands at us such as, sit back in your seat, no reading material, take off your hat, take that barrette out of your hair, keep aisles clear, and be quiet, be quiet, be quiet.   This was their world; we were the intruders, and we needed to be kept in our place.

Most unsettling to many of us was the alliance of the (un)holy trinity: the prosecution, the police, and the judge. For starters, the prosecution rewrote the charges the morning the trial started.  Why?  The defense had submitted Greg’s video of events that took place the day he was arrested, and it disproved key parts of the prosecution’s story and contradicted the cops’ original report.  When the defense objected and wanted to use the cops’ original report to show that the prosecution witnesses had changed their stories, the judge refused the defense requests, as she did on every important disagreement.

And so the trial went, with what we perceived as the state doing whatever it could to get someone in jail, not to get justice or do the right thing.  They wanted to win at any cost and they did.  The result – a good person was convicted and dragged off to jail before our very eyes.

Visiting people in jail was another eye opener.  We were searched by prison guards who were on major power trips, and subjected to lots and lots of waiting around with overwhelmingly Black, Latino, and other poor people who filled the waiting area.  Then we were ushered into a small, loud room where you had to yell through glass, making it almost impossible to communicate.  We could not imagine that any form of rehab in this hell is possible.

The frightening thing is that this is the much vaunted American justice system.  Imagine how many people are now sitting in jail with no resources, no help, and little or no support.

Fortunately we were able to engage Jed Stone, Gregory’s appeal lawyer, who filed the motion that got Gregory’s bond reinstated.  But it took a lot of people, a lot of time, and a lot of money.  Gregory’s lawyers have greatly reduced their fees, but they have to cover their expenses, and an appeal is expensive.  One major expense is the trial transcript, which must be purchased and will cost close to $2500 dollars.  Here in Illinois, the judge has discretion to give the defendant transcripts for free, but even if she were so inclined (which she is not), it would take months to get them.

These efforts on Gregory’s behalf would not have been possible without support from all of you and many others.  Most recently, two renowned jazz musicians, Ted Sirota and Fred Lonberg-Holm, contributed their music and talent for an evening of Jazz for Justice here in Chicago.  Thanks to this event and many, many contributions, we are meeting many of these expenses.

Our work to reverse this unfair verdict and keep Gregory Koger out of jail is ongoing.  Justice has a high price in America.  There are continuing expenses and much more legal work must be done.

Thank you for all you have done to date.  We will continue to keep you informed, and we hope we can rely on your continuing support!  Please keep in touch with us at adhoc4reason@gmail and www.dropthecharges.net.

Presented by Humanists for the Ethical Treatment of Gregory Koger:

Join us for a fun jazz-filled evening with Ted Sirota, internationally acclaimed drummer and leader of “Rebel Souls,” and the Valentine Trio, Fred Lonberg-Holm, leader and renowned avant-garde cellist, Jason Roebke (bass) and Frank Rosaly (drums), on Friday, November 12, 2010, at 8 PM at Grace Gallery, 1741 N. Western Ave, Chicago. (Doors open at 7:30 PM .) This benefit performance is for political prisoner Gregory Koger’s defense fund.**

Ted Sirota’s avant-garde, post-bop music has roots in the rebellious jazz and improvised music of the 1960′s. He also draws on myriad styles – Afro-pop, funk, reggae, ska, hip-hop – to build what The Chicago Reader called an “immediately recognizable sound.” Rebel Souls often perform at Green Mill and other major jazz venues in Chicago , and they have toured extensively in ¬¬Europe and throughout the U.S. The N. Y. Times says their music is “….full of urgent political themes and smart ensemble playing.” Chicago-based Sirota uses his music as a weapon in the battle against oppression and reactionaries worldwide.

Fred Lonberg-Holm, who describes himself as an “improviser, composer, and anti-cellist,” is most identified with playing free improvisation and free jazz. The Chicago Reader says his work is “surprisingly accessible ….Lonberg-Holm delivers a gorgeous mix of lyric extrapolation and coloristic depth….” This Chicago-based musician and his groups, Valentine Trio and Flying Aspidistra, have performed throughout Europe and the U.S. to excellent reviews.

Doors open at 7:30 PM , and a $20 donation is suggested. A silent auction and a cash bar serving beer and wine will add to the evening’s fun.

BACKGROUND:
These great musical artists are performing to benefit the defense fund for Gregory Koger, a videographer who was beaten, maced, and arrested by Skokie police for videotaping a controversial event. On November 1, 2009 , Koger was filming a brief statement by well-known writer Sunsara Taylor at the Ethical Humanist Society of Chicago (EHSC) in Skokie , IL . Taylor was objecting to her sudden dis-invitation to speak at the EHSC that day. She had asked Koger to record her statement before the EHSC program began. (EHSC programs are advertised as “free and open to the public.”)

Taylor and Koger were minutes away from leaving the EHSC auditorium when the president of the EHSC grabbed Koger’s video camera and told him to put the video camera down – which Koger did. In an attempt to complete his fully-lawful assignment to document Taylor ‘s final words, Koger used his cell phone to try and accomplish this. But the Skokie police attacked, beat him, and then maced him after he was handcuffed. (For further details visit dropthecharges.net)

Koger was charged with three misdemeanors that the American Constitution Society calls “cover charges,” because they are so commonly used to cover up police misconduct. (http://www.acslaw.org/node/16288) He was convicted at a trial marked by numerous irregularities and given a sentence of 300 days. His bond was also revoked, which is extremely rare in misdemeanor cases, especially when an appeal is pending.

In a just-breaking development in the case, due to the perseverance and on-going struggle of his wide range of supporters and lawyers against this political prosecution, the Appellate Court ordered Mr. Koger’s release from the Cook County Jail on appeal bond. He was released on Oct. 21, 2010 .

This benefit will help fund the remaining expenses to appeal this outrageous verdict and vindictive sentence for “crimes” that never occurred – as well as celebrate the bonded release of Mr. Koger, who is now able to be present at this performance party.

For further information, contact the Ad Hoc Committee for Reason at adhoc4reason@gmail.com, or call 312-593-4191.

We have exciting news!  The Appellate Court of Illinois has granted Gregory Koger’s motion for bond pending appeal, and Gregory was released from the Cook County Jail! In accepting the motion, the Court acknowledges the fact that Gregory is not a flight risk, that he is not a ‘danger to the community,’ and furthermore that his appeal raises substantial questions of law or fact “likely to result in reversal or a new trial.”

Jed Stone, who is representing Gregory on the appeal, said, “I am encouraged by the court’s decision to release Greg on bond.  It is a clear indication that his appeal has merit.  This appeal speaks to the importance of people to gather in protest.  It is an appeal to protect our rights to videotape and speak out.  And it is an appeal to protect us from police aggression and over reaching.  I look forward to presenting these claims to the appellate court.”

This is the first step in overturning this outrageous conviction, and we thank all of you whose support helped make it happen.  We have much more to do, and we hope we can count on your support all the way to the day we can clear Gregory’s name and score a victory for all of us!

We hope you’ll join us on the evening of Friday, November 12, when we will celebrate this first step and raise much needed funds to continue the effort.  We are thrilled that jazz musicians, drummer Ted Sirota (tedsirota.com) and cellist Fred Lonberg-Holm (lonberg-holm.info), will perform at what promises to be a unique musical event.  Some of you may recall that Ted dedicated a song to Gregory when he performed last month at the Chicago Jazz Festival.  See you then!

Humanists for the Ethical Treatment of Gregory Koger present…

Jazz for Justice

. . .featuring Ted Sirota and Fred Lonberg-Holm

Ad Hoc Committee for Reason Benefit Concert for the Gregory Koger Fund for the Appeal of His Outrageous Conviction for “Crimes” That Never Occurred

JOIN US FOR A NIGHT OF GREAT MUSIC FOR A GREAT CAUSE

FRIDAY, NOV. 12 – 8 PM

$20 DONATION REQUESTED

1741 N. WESTERN AVENUE, CHICAGO 60647 at GRACE GALLERY

adhoc4reason@gmail.com • 312.593.4191

1. Where can I learn more about the case?

Here are links to several sources of information about the case, as well as the website for the Ad Hoc Committee for Reason, a committee formed to defend Gregory Koger.

Ad Hoc Committee for Reason and Dropping the Charges

“Chicago man sentenced to 300 days over taping of event,” Reporters Committee for Freedom of the Press

“Party Crashers: When a commie showed up insisting she’d been invited, the Ethical Humanists called in the cops.,” Chicago Reader article, January 14, 2010

“Chicago man sentenced for scuffle with police at Ethical Humanist Society,” Chicago Tribune article on the sentencing hearing

“A Grave Injustice Has Been Perpetrated… Free Gregory! No Jail Time!”, Revolution newspaper article on trial

Gregory’s story in his own words

Gregory’s YouTube video for the Prisoners Revolutionary Literature Fund

2. What can I do?

• Contribute to the Gregory Koger Fund for his defense and publicity.
• Forward this information to at least 5 others.
• Volunteer with the Ad Hoc Committee for Reason.
• Write cards and letters of support to Gregory.

Help is needed in many ways. Please contact the Ad Hoc Committee for Reason to volunteer your specific talents. Here is what everyone can do:

* Check the website Dropthecharges.net for updates, or contact adhoc4reason@gmail.com.

* Appeal to overturn the conviction. Help raise funds for the appeal and contribute legal skills to the appeal team.

* Send Gregory letters and cards to show your support at this address:

Gregory Koger

#2010-0826188

PO Box 089002

Chicago, IL 60608

* Contact the Ad Hoc Committee for Reason and Dropping the Charges (adhoc4reason@gmail.com) with the specific ways you think you can help. If you are in the greater Chicago area, come to the regular committee meetings.

3. Isn’t the case over, now that Gregory has been sentenced?

No.  Gregory and his lawyer have already filed legal documents outlining grounds for an appeal.  This was required on the day of sentencing.  A top-notch legal team to handle the appeal is being put together, and funds are urgently needed for this purpose.  Your support is vital to continue to expose this for the political prosecution it is – yes, here in America.

The next legal step is an appeal to get Gregory’s bail reinstated so that he can be out of jail while the conviction appeal is making its way through the courts.  This is an urgent situation, because Gregory should not remain locked up in jail while his conviction is being appealed.  In addition, as a paralegal, he could be a big asset to his own legal defense.  Given the slowness of the appeal process, if Gregory is not granted bail, he could ultimately win his case, but still have served the full sentence of almost a year in jail.

Courts in the U.S. are supposed to apply the rule of law, i.e. playing by a set of rules that the U.S. claims set it apart from other systems. Many familiar with the justice system in the U.S., or who have followed cases of the wrongfully convicted, know the rules are stacked to railroad people in huge numbers.  Central to the rule of law is the claim that there are no trials for political beliefs in the U.S.

In Gregory’s case, the state has to keep up an increasingly thin pretense that this is a common criminal case, even as the extraordinary and selective steps of the judge and prosecution to enforce a politically repressive verdict become more pronounced.  Just one example:  in Fox News fashion, the prosecution was allowed by the judge to “drop” the fact that a defense witness who was a former board member of EHSC had videotaped Sunsara on a panel with (gasp!) Bill Ayers.  What did this have to do with Gregory?  Nothing.  It was a crude effort to wave a red flag in front of the jurors.  Read more about the case here:

“A Grave Injustice Has Been Perpetrated… Free Gregory! No Jail Time!”, Revolution newspaper article on trial

“Innocent Man to be Sentenced for Videotaping with Cell Phone,” press release on this website

4. Won’t continuing to raise a political outcry around his case make it worse for Gregory, now that he has been sentenced?

The political campaign to demand that charges be dropped against Gregory, together with a strong legal defense, actually resulted in a lower (though totally outrageous) sentence than originally offered (see FAQ #5). Continuing the political battle tells authorities that we are watching out for Gregory while he is in their custody, a potentially dangerous position for a revolutionary.  We are standing up for Gregory’s rights and those of millions like him.

First, the fact is that this case has been vigorously fought by a very skillful lawyer in the legal arena and through a public campaign in society with many rallying to Gregory’s defense.  Though it resulted in a sentence that was very bad (300 days), it was still not as bad as the state’s “plea offer” of 364 days. (See FAQ # 5.)  Gregory and his lawyer have made it clear the verdict will be appealed.

Second, continuing to keep up the legal and political campaign to overturn this injustice tells authorities on all levels that support is growing and that many people are watching how Gregory is being treated in court and in jail. The protests at the jail let the prisoners know that Gregory is in jail due to political persecution and enlisted them to have his back.  It is very serious when a revolutionary or radical political activist is incarcerated.  The state has a great deal of control and ability to harass, torment, and do bodily harm to people in their custody, especially revolutionary-minded prisoners.  That’s why keeping the spotlight on the situation makes it harder for the state to do its dirty work under the cover of darkness.

Third, as Gregory and others supporting him have made clear, there is more at stake in this case than simply his personal situation, even while that is very important.  When the state tries to make an example of Gregory to discourage others from speaking out or seeking answers about how the world could be radically better for the vast majority of people — then the case embodies the rights of others to do as he has done.  When the legal prosecution of Gregory touches on significant issues – first amendment rights for photographers and journalists, police brutality, and the rights of prisoners to participate in society – then these horrible legal precedents need to be fought in the realm of public opinion, as well as in the court of law.

An unjust, immoral, and illegal verdict like this cannot go unchallenged, exactly because of what is at stake in the case,.

5. Gregory must have been offered a deal and turned it down, and that is why the judge gave him a long sentence.

“First the sentence and then the trial” truly applied in Gregory’s case. Not long after the arrest, Gregory’s lawyer asked what the prosecutor was considering offering his client.  The prosecutor said their “plea deal” would be 364 days, which is the maximum sentence allowed, making it clear that they wanted serious jail time.  In other words – they did not offer any deal.

This was long before the trial.  On September 8, 2010, Gregory Koger was sentenced to 300 days and immediately taken to jail after his bond was revoked upon conviction.

The practice of pleading out is extremely common, and most people think if you turn down a deal, it will lead to a longer sentence if you are convicted.  In Gregory’s case, people assume this must be what happened to explain the lengthy sentence.

This practice of punitive sentencing for going to trial is wrong at any time, but it was never even a factor in Gregory’s case. As the original “offer” of maximum jail time shows, this was a case of first the sentence, then the trial.

6. Gregory should not have been behind the camera in the first place, given that he was an ex-con.

Gregory was not committing a crime when he videotaped that day.   . Ex-prisoners must have the right to participate fully in social and political life, and we should not “blame the victim” for attacks such as the one on Gregory.

First, it bears repeating that filming is not a crime and it does not constitute trespassing.  Neither Gregory nor anyone else with him had cause to anticipate that he would be arrested that day, because he was not doing anything wrong.

Second, putting the question this way shifts the onus off of those who criminalized his videotaping and brought about his arrest, brutalization, and incarceration, and puts it back onto Gregory.  Isn’t this similar to saying about a rape victim, “If she hadn’t worn a short skirt or been out late at night, it wouldn’t have happened”?

Third, this logic has harmful implications for everyone with criminal convictions on their record.  Do you really want to concede that a whole section of society should be denied the right to participate in the full range of lawful social and political activity by mere virtue of being a former prisoner?  If so, the state will use prior criminal convictions to justify and excuse horrific injustices committed by that very same state.

We live in a country that has incarcerated millions.  This country has the largest prison population in the world, including more than 1 in 5 young Black men, creating a class of citizens who are discriminated against in many ways.  On top of this, are they supposed to always keep their heads down and be ever fearful of participating in any political activity because of the state’s vengeful attitude towards someone with a criminal conviction on their record, regardless of what they are trying to do with their life? (See for instance, Michelle Alexander’s aptly named book, The New Jim Crow.)

Gregory had every right to be behind the camera that day.  As part of his political activity, he has videotaped forums, abortion provider clinic defense, and dramatic readings of prisoner letters.  He videotaped a program with Sunsara Taylor at the Ethical Humanist Society without any problem the day before he was arrested for documenting her statement at the exact same venue.

7. Gregory knew it was wrong when he picked up his iPhone. Isn’t that what really got him in trouble?

No.  It was NOT wrong.  Videotaping is not a crime and we must oppose its criminalization!

Gregory had been told by the president of the Ethical Humanist Society to “put down that camera,” and he did.  Others were taking photographs that day, and a former EHSC board member testified for the defense at the trial that he had never before heard of anyone being prohibited from filming or taking photographs at any EHSC event!  Gregory was only attempting to document Sunsara Taylor’s statement, not photograph their event (which hadn’t even begun), and besides NONE of that constituted criminal behavior.

We should all be concerned if the government can get away with throwing anyone in jail for documenting controversial events!  In fact, the ACLU of Illinois is suing Anita Alvarez, the Cook County State’s Attorney, for prosecuting people like Chris Drew for taping police in the course of their official actions.  This trend to criminalize photography and videography must be stopped.

8. Why should other people be concerned about this case or support Gregory? Isn’t this really just a dispute between two groups?

What started out as a simple objection to the unethical actions of the Ethical Humanist Society for disinviting Sunsara Taylor was transformed into an extremely grave situation by their calling in the police, and the ensuing arrest, beating, and political prosecution of Gregory Koger.  That is what all of us should be concerned about.

The genesis of the situation was the cancellation of a talk at the Ethical Humanist Society of Chicago in Skokie, IL by Sunsara Taylor, an outspoken communist, atheist, and a writer for Revolution newspaper. Taylor had been invited by the EHSC months before and then was abruptly disinvited on spurious grounds less than 2 weeks before her scheduled talk. You can read about the issues involved here:

“Sunsara Taylor on the “Ethical” Humanist Society of Chicago, or… Why I Was Dis-Invited, Why I Did Not Just Shut Up And Go Away, and Why It Still Matters” and

“Party Crashers: When a commie showed up insisting she’d been invited, the Ethical Humanists called in the cops,” Chicago Reader, January 14, 2010.

While this action was fueled by anti-communist hysteria and police thuggishness spurred on by some in the EHSC, once Gregory was beaten and arrested, the political and humanitarian terms shifted to his arrest and the unjust and selective prosecution.

The vengeful prosecution and rejection of unsolicited third party efforts to mediate a fair resolution made this clear.  What came into focus was the politically motivated nature of the prosecution of Gregory and how the state was bringing down the hammer on him, not for what he did that day but for who he has become as a person and the challenge that his example poses to the system.  Read more about the trial here:

“Chicago man sentenced for scuffle with police at Ethical Humanist Society,” Chicago Tribune article on the sentencing hearing

“Chicago man sentenced to 300 days over taping of event,” Reporters Committee for Freedom of the Press

“A Grave Injustice Has Been Perpetrated… Free Gregory! No Jail Time!”, Revolution newspaper #211

Character witnesses who testified on his behalf made it clear that he is not a threat to the public.  He was the only person harmed during the incident. Far from being a menace to society, he is a productive positive role model as a socially conscious activist, as many also attested.

In the first hours that Gregory was in custody, when only the police knew his name, there was a significant spike in hits from the Skokie area on his personal website.  Immediately after his release, Gregory “closed” his website to the public on the advice of his attorney.

On his website, Gregory had candidly chronicled his troubled days as a teenager, when he got caught up in the heartbreaking violence that swallows up youth in this society, in order to contrast this with his path of transformation in prison.  He broke with the degrading violence that youth perpetrate on each other; he read voraciously in prison to understand why so many are oppressed and incarcerated, and what if anything could be done to fundamentally change this; and he chronicled his transformation into a revolutionary through reading Revolution newspaper, along with his activism after his release from prison on behalf of many progressive and radical causes.  You can hear him describe this in the YouTube video he made for the Prisoners Revolutionary Literature Fund, based on a talk he gave at the U.S. Social Forum in summer 2010.

The police, and later the prosecuting attorney, clearly did not like what they found on his website before it was closed down, and they used that information against him.  The prosecutor later tried to have Gregory found in contempt for a website run by his defense committee. Read about this here: “State’s Attorney Files Contempt Motion for a Website?”

Shortly after his arrest, based on information apparently provided by Skokie police, members of the EHSC started a campaign on the internet to try and justify the shocking arrest and beating of the videographer at a public event in their auditorium by saying that he deserved it because he was an ex-con.

Here is how PZ Myers, the scientist who runs Pharyngula, one of the most popular science blogs in the U.S., responded to this: “We’re learning a bit more about the fellow who was maced and arrested in Chicago, thanks to the efforts of the Chicago Ethical Humanist Society; members of that group are busily writing to me to let me know the Whole Truth of the incident, and why they were justified in siccing the police on Sunsara Taylor’s cameraman.  It’s weird, though: they keep telling me how bad and awful and wicked this fellow is—his name is Gregory Koger, by the way—but they won’t say what he did that justified the police assault on him.  And that is dismaying.  The ethical society doesn’t seem to care much about ethics and logic and justice.” (PZ Myers post on Pharyngula, November 9, 2009.)

Gregory is innocent, but even if he had done everything that EHSC claimed, he would not have deserved to be beaten, maced, and thrown in jail for almost a year.  The selective and vindictive prosecution, plus the revocation of bail and disproportionate sentencing, ought to make people care about what is going on in this case and speak up for what is right.

9. I would agree with you if he were filming on a public street, but bottom line, doesn’t an owner’s personal property right to control what happens on that property trump everything else?

This all occurred before the start of an event billed as “free and open to the public.”  Ownership of private property does not give owners the right to call in the police to brutally enforce ‘new rules’ invented on the spot.

First, events at EHSC, including this one, are open to the public and are routinely videotaped.  Gregory had videotaped the same speaker in the same venue the day before, in the presence of EHSC officials, without objection.  He discussed returning the next day with the EHSC’s volunteer videographer, a board member.  It was a newsworthy event.  A wide range of people, including theologians, atheists, humanists, and feminists –  had written statements protesting the cancellation of Sunsara Taylor’s talk.  These protests were never expressed in any way except through words of reason.

Second, there is a threshold that must be met to charge someone with trespassing.  Videotaping or taking photographs does not constitute trespassing.  The prosecution’s equating the two will be an important ground for the appeal.  The judge dismissed the defense attorney’s objections about this.  The trespass law requires that a person must specifically be told to “leave or you will be arrested” and then must be given time to depart.  Eyewitnesses testified at Gregory’s trial that such an instruction was never given.

The video footage Gregory had shot that was submitted by the defense and shown in court confirmed that Gregory had not been properly warned that he was trespassing.  In light of the video, the prosecution moved away from earlier accounts that were the basis for the trespass charge.  So their story morphed into a claim that the undercover cop whispered this instruction to Gregory as he was being taken into physical custody.  Whispered?  Music was blaring, courtesy of EHSC.  Even if you believe the cop’s convenient new story, how can anyone be certain a whisper could be heard under the circumstances?  And where was the opportunity to depart, since Gregory was grabbed at the same time as the supposed whisper?

Sunsara’s comments – given before the scheduled program – lasted all of about 90 seconds.  In two minutes, everyone who wanted to hear her speak would have been gone, on their way to an EHSC member’s home to hear her presentation, including Gregory who planned to videotape it as well.  There was no intent to remain in the auditorium.

Think about the idea that private property is sacrosanct — this was the argument for practices barring people of color from sitting at the lunch counter, or for discriminatory hiring, or discriminatory sales of homes.  In other words, “private property” doesn’t trump all issues of right and wrong.

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If everyone who pulls out a camera to take a picture on private property (an arena, a mall, a restaurant, a public lecture) is now potentially subject to arrest, such prosecution will either be used very selectively or the jails will be overflowing.  Cell phone cameras are ubiquitous in this society.  This is all Gregory did, for less than 2 minutes.  Almost a year in jail?  What is wrong with this picture?

The magic phrase “private property,” no matter how many times it is invoked, cannot make this right.  The police response, at the behest of EHSC was shocking. [see FAQ #10]

10. Where there is smoke, there is fire – Gregory must have done something wrong to require such efforts to restrain him and to warrant three charges.

That’s exactly the logic you are supposed to fall for, but you have to ask the question — whose fire is generating the smoke?  The term for this pattern of police brutality and prosecutorial vindictiveness against its victims is “cover charges.”

Think for a minute of Henry Louis Gates, Jr., the Harvard professor arrested in his own home and charged with disorderly conduct and resisting arrest for questioning the police order to step outside.  These types of charges – resisting arrest, simple battery, and trespassing – are so commonly used, that there is a name for them — “cover charges.”  When the police commit unlawful acts, or arrest someone when there is no basis, or use excessive force during an arrest, then the person arrested gets the charges piled on, in order to “cover up” or justify the police’s actions.  For discussion of this read American Constitution Society Issue Brief “Disorderly (mis)Conduct: The Problem with ‘Contempt of Cop’ Arrests.”

In Gregory’s case, the prosecution could have claimed that he committed misdemeanor battery on a police officer that resulted in some kind of physical harm.  Instead they chose the least violent option—asserting only that there was physical contact of an “insulting or provocative nature.” While even this was not true, it set the bar very low in order to get a conviction.  Then the judge used the verdict on that count to paint Gregory as incorrigibly violent.  Talk about having it both ways!

At sentencing, the judge is allowed to draw on evidence entered in the trial.  However, this judge made up things to justify imposing close to the maximum sentence.  She claimed that Gregory endangered everyone in the auditorium that day.  This allegation was never made during the trial, and this alone should be grounds to overturn the sentence.

In fact, Gregory was the only one who was the object of the violence that day.  He was the one beat up, maced, and injured.  This was documented at the hospital.  Further, the defense entered into evidence a photograph of the undercover cop even threatening to mace all those observing and objecting to Gregory’s arrest.