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Stupid Prosecution of the Week

The Osama bin Laden costume isn't as popular on Halloween as the toga, but masquerading as a celebrity terrorist hardly warrants a criminal prosecution.

Tom Connolly, of Scarborough, was charged with terrorizing, criminal threatening and reckless conduct for his Oct. 31 protest held just off I-295 near Exit 3 that led to an arrest by South Portland police. Connolly's court date is set for Dec. 19.

Passing motorists complained about Connolly, who was holding a sign that said "I love TABOR." Connolly, a lawyer, was making a political point that may have been obscure to the driving public. The prosecutor claims Connolly's prop gun was the problem, but Connolly thought the orange-tipped squirt gun could not reasonably have been mistaken for an actual gun.

Who was terrorized here? C'mon, disturbed drivers, did you really think that Osama was standing by the road in Maine? Did you not know it was Halloween? Why did you think Osama cared about TABOR? Get a grip. Charging Connolly with "terrorizing" for engaging in costumed political speech is an abuse of power.

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    how much you want to bet (none / 0) (#1)
    by cpinva on Wed Nov 15, 2006 at 09:16:46 PM EST
    the charges get dropped? i'll wager it never sees the inside of a courtroom.

    Stupid things cops can do (none / 0) (#2)
    by Edger on Wed Nov 15, 2006 at 09:29:09 PM EST
    I'm 53 years old and I thought I'd seen just about all the stupid things cops can do that there are to be seen, but this, and the cop writing me the first jaywalking ticket of my life the other day for crossing the street in the same place I've crossed it every day for TWO YEARS are about the most braindead things I've ever seen.

    Are they ALL short on quotas or something??

    This is political (none / 0) (#3)
    by msobel on Wed Nov 15, 2006 at 10:22:39 PM EST
    The guy is a political activist.  

    Connolly, who is also a former candidate for governor, was staging a protest that was attempting to compare terrorism with the Taxpayer Bill of Rights on the November ballot.


    oh great (none / 0) (#8)
    by Jen M on Thu Nov 16, 2006 at 05:31:58 AM EST
    The guy is a political activist.  

    Activista aren't allowed to protest?

    Parent

    A gun too far... (none / 0) (#4)
    by Key on Wed Nov 15, 2006 at 10:57:32 PM EST
    I think the terrorizing charge is too far, but perhaps not the other charges.

    A few questions.  Was it at night or during the day?  (From the article, it sounds like it might have been day.) How fast was the traffic going?  How good a look could drivers get at that little orange tip of the gun?  And how big was that gun?

    In other words, it actually is possible that people may have been afraid.  After 6 years of "terror all the time" by the Bushies, and the sniper shootings in the DC area, and shootings in schools, and....  Well, you get the idea.

    What if he was wearing a Nixon mask?  Would that make his action any more or less worthy of arrest?  Or a Mickey Mouse mask?  The idea here is that if he actually was a nut with a gun who was about ready to shoot at passing cars, would it not be right to arrest him and prosecute him?

    I'm no prosecutor, but frankly I don't think it was a very bright thing to do.  And for a lawyer no less.  The mask, the sign - fine.  No problem there.  The fake gun...  yeah, now I think THAT IS a problem.

    The guy went too far with the gun.  He should have left it out.  And now someone wants to make an example of him. (From the article: "She said the state is not looking for a lot of jail time for Connolly, but wanted to send a message to stop a similar event from happening again.")  My bet, he'll get a slap on the wrist and called before his local bar.

    Ummm... (none / 0) (#11)
    by kdog on Thu Nov 16, 2006 at 11:48:06 AM EST
    Toy guns are legal, dressing up for halloween is legal, standing by the road holding a sign is legal.

    What's the problem?  Damn right his arrest was an abuse of power...I hope the arresting officer gets reprimanded and a refresher course in the bill of rights.

    Parent

    hmmmmmmmmmmmm (none / 0) (#5)
    by cpinva on Wed Nov 15, 2006 at 11:42:57 PM EST
    but wanted to send a message to stop a similar event from happening again.

    my bet: he files a suit, in federal court, alleging a violation of his first amendment right of free speech. the "message" they are trying to send is "don't you dare try to actually exercise those pesky constitutional rights in our town!"

    nowhere did i see that anyone accused him of actually threatening them, just that they "felt" threatened. some people feel threatened just by getting up out of bed in the morning, it isn't a crime. unless a reasonable person, similarly situated, would reasonably feel threatened, then too bad.

    it sounds like they'd have had a more legitimate issue with him maybe posing a potential danger, to himself and others, by virtue of his location next to an interstate exit ramp.

    the smart thing to do would have been to just ask him to move, and put the water gun away, if all they were really concerned about was safety. clearly, they weren't.

    the town will end up the loser here, civil rights lawsuits cost money. don't be surprised if the ACLU jumps on this too.

    If you create terrorist laws, (none / 0) (#6)
    by baked potato on Thu Nov 16, 2006 at 12:37:28 AM EST
    prosecutors will use them.

    My wife was acquainted with an individual who lost it on the phone and threatened his wife who was divorcing him.  He was charged with making terrorist threats.  Apparently the D.A.'s Office found it much easier to prosecute him that way.

    Lemme Guess (none / 0) (#7)
    by Patrick on Thu Nov 16, 2006 at 02:47:48 AM EST
    You live in California?  If so, the law on the books, 422 PC, is titled "Terrorit threats," but it has little to do with actual terrorists and has been on the books since well before 9/11.  Perhaps your wife's aquaintence went too far.....

    Parent
    Terrorism is also in the Iowa Code (none / 0) (#9)
    by JSN on Thu Nov 16, 2006 at 07:16:39 AM EST
    Many jurisdictions have laws pertaining (none / 0) (#10)
    by Deconstructionist on Thu Nov 16, 2006 at 07:19:06 AM EST
     to "terroristic" threats and they have nothing to do with being a political "terrorist." They are basically just "juiced up" versions of the common law offense of assault-- which included the making of threats of violence that place a person in reasonable apprehension of imminent bodily harm. Sometimes a name is just a name.

       Here the charges are ludicrous but I'd wager Connolly couldn't be happier. As a lawyer, I'm sure he realizes he is in little danger of being convicted and by grossly overreacting the police brought what would have been a barely noticed protest huge publicity.

       At most, the cops should, if he was on a public right-of-way told him to move along because he was creating a potential traffic hazard. Then, if he refused slap him with a citation for trespassing on the right-of-way. If he was on private property with permission then they should have done nothing.

     

    yep.... (none / 0) (#12)
    by cpinva on Thu Nov 16, 2006 at 05:32:39 PM EST
    what decon said.

    i think i'm confused decon, how did you and i end up agreeing with each other of late? something's terribly wrong in the universe! :)