Demonstrators in court
But jury selection stalls start of trial
By ROB PRICE THE COURIER-ADVOCATE

PHOTO BY ROB PRICE Bath police examine the contents of bags carried by defendants Daniel Burns, Richard Saddler and, at far right, Christopher Tate, outside village court as jury selection for their trial on charges of criminal trespassing began Friday.

BATH - The trial of five Iraq war protesters charged with criminal trespass during a demonstration at U.S. Congressman John "Randy" Kuhl's Bath office began Friday in Bath village court, but immediately bogged down in the selection of a jury.

At press time late Friday afternoon, only three of the five defendants had addressed the six-person jury.

The initial difficulty, it appeared, lay in the time needed for each potential juror to be questioned by the prosecution and defendants, who chose to represent themselves at trial.

But the defendants' opening statements also were slowed, as Assistant District Attorney Travis Barry and village Justice Chauncy Watches continually warned them to refrain from remarks about the war.

The defendants - all from the Ithaca area - are: Daniel J. Burns, 47; Ellen Grady, 44; Richard T. Saddler, 42; Mark C. Scibilia-Carver, 54 , an d Christopher Tate, 46. All five were charged with third degree criminal trespassing, a Class B misdemeanor.

Kuhl himself was not present in the Liberty Street municipal building, although Watches had signed a subpoena earlier in the week ordering him to appear.

According to a press release from defendant Tate, the five defendants on Aug. 6 sought to deliver petitions containing about 3,000 signatures to Kuhl's Buell Street office asking him to announce he would not vote for additional funding for the Iraq war.

Police say the group was involved in anti-war demonstrations throughout the day at the office. At 5 p.m. an office staff member asked the group to leave because the office was closing for the day.

When the protesters refused, village police were summoned and ordered the group to disperse. When the order allegedly was refused, the demonstrators were arrested peacefully.

Tate's press release, which was e-mailed to area media, concurred with the allegations, reporting: "At the end of the business day, Kuhl's office manager requested that the five leave the premises but they declined to do so in light of the urgency of their concerns."

The press release identifies the defendants as members of Finger Lakes for Peace in Iraq.

The scene Friday outside the municipal building and in the corridor outside Watches' courtroom was lively as area media mixed with the defendants and their friends and family members.

Questioning of the jurors reportedly included inquiries into their thoughts on the war in Iraq, despite objections from Assistant District Attorney Barry.

Barry continued objecting to the defendants' references to the war, with Watches sustaining. Barry and the judge noted the war itself was not a legal issue in settling the question of whether trespassing had occurred.

The defendants disagreed, arguing their moral objections to the war framed their decision to remain in Kuhl's office.