Anti-war protesters sentenced
By MARY PERHAM THE LEADER

BATH - One of five war protesters found guilty of criminal trespass charges Sept. 9 for refusing to leave the office of U.S. Rep. John R. "Randy" Kuhl Jr. was sentenced Wednesday to 30 days in jail.

Four co-defendants were each given conditional discharges, with community service and fined $300 apiece by Bath Village Justice Chauncey Watches.

Mark C. Scibilia Carver, 55, was originally given a conditional discharge but received jail time after telling the court he could not agree to those terms.

"Then you give me no choice," Watches said, before handing down the jail time.

All five defendants are from the Ithaca area.

The other four include: Daniel J. Burns, 47; Ellen Grady, 44; Richard T. Saddler, 42; and Christopher Tate, 46.

After a two-day trial last September, the five defendants were found guilty when they refused to leave Kuhl's office in Buell Street at closing time on Aug. 6.

The group was among a number of people delivering a petition with 3,000 signatures asking Kuhl to vote against more funding for the Iraq war.

The potential maximum sentence for the charge is up to 90 days in jail and $500 in fines.

Watches' decisions were contrary to the recommendations of Steuben County Assistant District Attorney Travis Barry.

Barry said the justice faced difficult choices, since the five were guilty of common criminal behavior.

But any sentence passed on to the war protesters would give them more media attention and would not change any future behavior, Barry said.

"You may make martyrs and heroes of them. You may encourage others to do the same," Barry told Watches.

Barry recommended sentences of conditional discharges with no stipulations.

The defendants represented themselves at their trial but were represented Wednesday by Ithaca attorney Raymond Schlather. He sought minimum sentences, but said his clients should be judged outside of the criminal justice system. The protesters' actions were part of "a huge national debate" on the war in Iraq, he said.

"There is very little the court can do to stifle ? this debate," Schlather said.

Although the protesters scheduled a press conference and rally just hours before they

Although the protesters scheduled a press conference and rally just hours before they were due in court, they denied they were seeking personal fame and attention.

Instead, in their statements to Watches, they spoke emotionally about the effect the war is having on U.S. servicemen, innocent Iraqi civilians and the national debt. While the remaining four protesters accepted community service, they all raised doubts about paying the $300 fine, which includes court costs.

Watches said he would review any of their financial considerations in four months.

Scibilia-Carver was sent to the Steuben County Jail without requesting bail. Schlather said he would appeal Watches' decisions.