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Terry Jones, second pastor, briefly jailed after tense day | Detroit Free Press | freep.com
Terry Jones, second pastor, briefly jailed after tense day
1:53 AM, Apr. 23, 2011 |
366 Comments
Terry Jones jailed after Dearborn jury trial: A day of deliberations and potential danger in Dearborn, as a jury trial determines the fate of controversial Terry Jones' protest outside the city's largest mosque. / MIKE BROOKBANK / Detroit Free Press 4/23/2011
April 23, 2011
Terry Jones, second pastor, briefly jailed after tense day
BY NIRAJ WARIKOO
DETROIT FREE PRESS STAFF WRITER
In a stunning turn after a chaotic, tense day in Dearborn, two Christian pastors seeking to protest outside the city's largest mosque were briefly sent to jail Friday after refusing to post a $1 bond and ordered to stay away from the mosque and adjacent property for three years.
The action came after a six-person jury found during a daylong trial that allowing the pastors to protest would breach the peace. Known for burning a Quran, Florida pastors Terry Jones and Wayne Sapp later posted the bond and were released Friday evening, Dearborn Mayor John O'Reilly Jr. said.
But the court proceeding -- and the actions of Wayne County prosecutors over the past week -- were heavily criticized by constitutional law experts, civil rights advocates and even some Muslim leaders. Though they disagree with Jones' views, they said the county had blatantly trampled on Jones' First Amendment rights.
The office of Wayne County Prosecutor Kym Worthy acknowledged it had never filed a complaint like the one it did in this case. The office had sought a $45,000 "peace bond" from Jones. Maria Miller, a spokeswoman for Worthy, said the complaint -- based on a 19th-Century law -- was an attempt to prevent Jones from breaching the peace, even though Dearborn later denied Jones a permit to protest at the Islamic Center of America, the metro area's largest mosque. Miller said prosecutors proceeded because their complaint was a separate action.
"We thought it was important because of public safety," Miller said. Wayne State University professor Robert Sedler, an expert in constitutional law, said the trial was "bizarre" and that Worthy "should have known better." "The judge should have thrown out the case," Sedler said.
If protesters intend to be peaceful and are expressing their views, the government can't make them pay in order to express their First Amendment rights, he said.And the ACLU of Michigan attacked all parties who sought to restrict Jones -- Dearborn police, prosecutors, and the district judge who oversaw the trial.
"This is a complete abuse of the court process, and all those involved should be ashamed," said Rana Elmir of the ACLU Michigan office. "The prosecutor's office and the Dearborn court turned the First Amendment on its head. What happened today should never have happened."
Elmir, Sedler and even Muslim leaders said the prosecutor's actions had played right into the hands of Jones by giving a him a platform and his supporters a reason to bash Dearborn and its sizable Muslim community -- the reason why Jones came in the first place.
"This is a true miscarriage of justice," Elmir said. "Rev. Jones has committed no crime. He should never have been facing jailed time for his protected speech."
Sedler said "the whole thing is unconstitutional," citing U.S. Supreme Court cases that would back up Jones' right to protest.
In the courtroom, the jailing surprised supporters of Jones. They said they couldn't believe Jones was being jailed before he even attempted to visit the mosque.
But as reporters waited outside the courthouse for Jones to emerge, several police officers said Jones had posted the bond and left the building by another exit.
The rally at the mosque has been controversial because Jones and Sapp burned a copy of the Quran last month in Florida, setting off worldwide protests in Muslim countries.
Though prosecutors had asked for a bond of $45,000, Dearborn District Judge Mark Somers set it at a symbolic $1 for each man after the jury reached its verdict.
"Are you prepared to post the $1 bond?" Somers asked Jones.
"Uh," Jones said, pausing for a brief moment, before declaring: "No."
Sapp similarly refused.
Dearborn police led away Jones and Sapp after they were remanded to Wayne County Jail by Somers, the son of Christian missionaries.
Melissa Greene, 34, of Garden City cheered the verdict from outside the courthouse. A member of the activist group By Any Means Necessary, Greene called it a victory because Jones was unable to hold his rally on Friday as planned.
"When a racist provocateur like this comes to town, he will be met by people from all over metro Detroit," she said.
The trial was ordered on Thursday to determine whether the rally would breach the peace. The Islamic center is next to six churches. Jones and Sapp argued that the First Amendment gave them the right to rally there, but prosecutors said the right can be limited in certain situations. And this was one of them, given that it was Good Friday, pedestrian access near the mosque is limited and that Jones might draw violent protesters, given his Quran-burning.
As the jury deliberated Friday, hundreds of people rallied nearby in front of the Henry Ford Centennial Library in a show of unity against violence and racism.
Earlier in court, during closing arguments, Wayne County Assistant Prosecutor Robert Moran said the pastors would disturb the peace if they were allowed to protest Friday at the mosque.
Sapp, referring to the First Amendment, said, "That's what made America great. We're entitled to our opinion."
During the chaotic day, Jones said he was not backing down from his plans to protest at the mosque.
"We'll do it today at 5 or we'll come back next week," he said during a break in testimony.
Speaking midday at a McDonald's down the street from the courthouse, Jones -- who defended himself at the trial -- said he thought the proceedings were going well. And he said the government's case was weak.
As he spoke, someone driving down Michigan Avenue yelled, "Get out of Dearborn, you terrorist!"
During morning testimony, Dearborn Police Chief Ronald Haddad said there had been at least four serious threats made against Jones from metro Detroiters, raising the likelihood of violence if the protest were held.
The court drew supporters and opponents, Christians and Muslims. The ACLU of Michigan was there to monitor the case.
In his opening statement, Jones repeated negative comments about Islam that he made last month when he oversaw the burning of the Quran in Florida. He said the Quran "promotes terrorist activities around the world."
He also strongly defended the U.S. Constitution.
"The one thing that makes the Constitution great is the First Amendment," Jones said to the jury.
Except for the Bible, the Constitution is the greatest document in history, Jones said.
"The First Amendment does us no good if it confines us to saying what is popular," he added.
Moran said in his opening statement the rally was an issue of security and breaching the peace.
Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792. Free Press staff writer Robin Erb contributed to this report.
Additional Facts Peace bonds have been used before "Peace bonds," like the one prosecutors sought of Florida Pastor Terry Jones, are rare but not unheard of.
In Michigan, a district or municipal court can make a person pay a bond and hold that money for up to two years if a planned event might require security to keep the public peace. But constitutional issues -- such as First Amendment rights -- may outweigh that.
In 1992, Ann Arbor officials sought a $9,950 peace bond against Sigma Alpha Mu fraternity at the University of Michigan for its rowdy parties.
In 1991, a $100,000 peace bond was demanded during more than six weeks of fierce anti-abortion protests at clinics in Wichita, Kan. Leaders of a militant anti-abortion group were jailed for 10 days after they failed to post the bond. More than 1,500 protesters were arrested during that time.
Terry Jones, second pastor, briefly jailed after tense day
1:53 AM, Apr. 23, 2011 |
366 Comments
Terry Jones jailed after Dearborn jury trial: A day of deliberations and potential danger in Dearborn, as a jury trial determines the fate of controversial Terry Jones' protest outside the city's largest mosque. / MIKE BROOKBANK / Detroit Free Press 4/23/2011
April 23, 2011
Terry Jones, second pastor, briefly jailed after tense day
BY NIRAJ WARIKOO
DETROIT FREE PRESS STAFF WRITER
In a stunning turn after a chaotic, tense day in Dearborn, two Christian pastors seeking to protest outside the city's largest mosque were briefly sent to jail Friday after refusing to post a $1 bond and ordered to stay away from the mosque and adjacent property for three years.
The action came after a six-person jury found during a daylong trial that allowing the pastors to protest would breach the peace. Known for burning a Quran, Florida pastors Terry Jones and Wayne Sapp later posted the bond and were released Friday evening, Dearborn Mayor John O'Reilly Jr. said.
But the court proceeding -- and the actions of Wayne County prosecutors over the past week -- were heavily criticized by constitutional law experts, civil rights advocates and even some Muslim leaders. Though they disagree with Jones' views, they said the county had blatantly trampled on Jones' First Amendment rights.
The office of Wayne County Prosecutor Kym Worthy acknowledged it had never filed a complaint like the one it did in this case. The office had sought a $45,000 "peace bond" from Jones. Maria Miller, a spokeswoman for Worthy, said the complaint -- based on a 19th-Century law -- was an attempt to prevent Jones from breaching the peace, even though Dearborn later denied Jones a permit to protest at the Islamic Center of America, the metro area's largest mosque. Miller said prosecutors proceeded because their complaint was a separate action.
"We thought it was important because of public safety," Miller said. Wayne State University professor Robert Sedler, an expert in constitutional law, said the trial was "bizarre" and that Worthy "should have known better." "The judge should have thrown out the case," Sedler said.
If protesters intend to be peaceful and are expressing their views, the government can't make them pay in order to express their First Amendment rights, he said.And the ACLU of Michigan attacked all parties who sought to restrict Jones -- Dearborn police, prosecutors, and the district judge who oversaw the trial.
"This is a complete abuse of the court process, and all those involved should be ashamed," said Rana Elmir of the ACLU Michigan office. "The prosecutor's office and the Dearborn court turned the First Amendment on its head. What happened today should never have happened."
Elmir, Sedler and even Muslim leaders said the prosecutor's actions had played right into the hands of Jones by giving a him a platform and his supporters a reason to bash Dearborn and its sizable Muslim community -- the reason why Jones came in the first place.
"This is a true miscarriage of justice," Elmir said. "Rev. Jones has committed no crime. He should never have been facing jailed time for his protected speech."
Sedler said "the whole thing is unconstitutional," citing U.S. Supreme Court cases that would back up Jones' right to protest.
In the courtroom, the jailing surprised supporters of Jones. They said they couldn't believe Jones was being jailed before he even attempted to visit the mosque.
But as reporters waited outside the courthouse for Jones to emerge, several police officers said Jones had posted the bond and left the building by another exit.
The rally at the mosque has been controversial because Jones and Sapp burned a copy of the Quran last month in Florida, setting off worldwide protests in Muslim countries.
Though prosecutors had asked for a bond of $45,000, Dearborn District Judge Mark Somers set it at a symbolic $1 for each man after the jury reached its verdict.
"Are you prepared to post the $1 bond?" Somers asked Jones.
"Uh," Jones said, pausing for a brief moment, before declaring: "No."
Sapp similarly refused.
Dearborn police led away Jones and Sapp after they were remanded to Wayne County Jail by Somers, the son of Christian missionaries.
Melissa Greene, 34, of Garden City cheered the verdict from outside the courthouse. A member of the activist group By Any Means Necessary, Greene called it a victory because Jones was unable to hold his rally on Friday as planned.
"When a racist provocateur like this comes to town, he will be met by people from all over metro Detroit," she said.
The trial was ordered on Thursday to determine whether the rally would breach the peace. The Islamic center is next to six churches. Jones and Sapp argued that the First Amendment gave them the right to rally there, but prosecutors said the right can be limited in certain situations. And this was one of them, given that it was Good Friday, pedestrian access near the mosque is limited and that Jones might draw violent protesters, given his Quran-burning.
As the jury deliberated Friday, hundreds of people rallied nearby in front of the Henry Ford Centennial Library in a show of unity against violence and racism.
Earlier in court, during closing arguments, Wayne County Assistant Prosecutor Robert Moran said the pastors would disturb the peace if they were allowed to protest Friday at the mosque.
Sapp, referring to the First Amendment, said, "That's what made America great. We're entitled to our opinion."
During the chaotic day, Jones said he was not backing down from his plans to protest at the mosque.
"We'll do it today at 5 or we'll come back next week," he said during a break in testimony.
Speaking midday at a McDonald's down the street from the courthouse, Jones -- who defended himself at the trial -- said he thought the proceedings were going well. And he said the government's case was weak.
As he spoke, someone driving down Michigan Avenue yelled, "Get out of Dearborn, you terrorist!"
During morning testimony, Dearborn Police Chief Ronald Haddad said there had been at least four serious threats made against Jones from metro Detroiters, raising the likelihood of violence if the protest were held.
The court drew supporters and opponents, Christians and Muslims. The ACLU of Michigan was there to monitor the case.
In his opening statement, Jones repeated negative comments about Islam that he made last month when he oversaw the burning of the Quran in Florida. He said the Quran "promotes terrorist activities around the world."
He also strongly defended the U.S. Constitution.
"The one thing that makes the Constitution great is the First Amendment," Jones said to the jury.
Except for the Bible, the Constitution is the greatest document in history, Jones said.
"The First Amendment does us no good if it confines us to saying what is popular," he added.
Moran said in his opening statement the rally was an issue of security and breaching the peace.
Contact Niraj Warikoo: nwarikoo@freepress.com or 313-223-4792. Free Press staff writer Robin Erb contributed to this report.
Additional Facts Peace bonds have been used before "Peace bonds," like the one prosecutors sought of Florida Pastor Terry Jones, are rare but not unheard of.
In Michigan, a district or municipal court can make a person pay a bond and hold that money for up to two years if a planned event might require security to keep the public peace. But constitutional issues -- such as First Amendment rights -- may outweigh that.
In 1992, Ann Arbor officials sought a $9,950 peace bond against Sigma Alpha Mu fraternity at the University of Michigan for its rowdy parties.
In 1991, a $100,000 peace bond was demanded during more than six weeks of fierce anti-abortion protests at clinics in Wichita, Kan. Leaders of a militant anti-abortion group were jailed for 10 days after they failed to post the bond. More than 1,500 protesters were arrested during that time.
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