By Brenda Norrell
http://www.bsnorrell.blogspot.com/TUCSON, Arizona -- Two Catholic priests will ask the court to sentence them Wednesday morning, October 17, following the court's action of gagging the priests' defense which would have exposed torture in Abu-Graib and Guantanamo.
Fr. Louie Vitale and Fr. Steve Kelly knelt in prayer at Fort Huachuca in southern Arizona after being halted at the gate as they attempted to deliver a letter in opposition to U.S. torture.
After being gagged on the subject of torture in a trial, the priests will forgo a bench trial, and instead change their pleas from not guilty to no contest at a hearing set for 8:30 a.m. Wednesday, October17, in U.S. District Court, Tucson.
Since a September pretrial ruling forbid all facets of their planned defense, their attorney William Quigley has told Magistrate Hector Estrada that Fr. Vitale, and Fr. Stephen Kelly, will change their plea, and would like to be sentenced immediately.
Both men have served time in federal prison for their nonviolent acts for peace, and these prior convictions add to the likelihood of another prison sentence on Wednesday morning.
Supporters will rally with the priests outside the Courthouse beginning at 7:30 a.m.Frs. Kelly ,58, and Vitale ,74, are each charged with one federal count of trespass (USC 18-1382), (six-month maximum jail sentence), and one Arizona state count of "Failure to Comply with Police Officer" (ARS28-622) (four month maximum).
The priests were arrested last November 19 as they attempted to enter Fort Huachuca, in Sierra Vista, Arizona, and deliver a letter tothen-commander Major General Barbara Fast, denouncing torture and the Military Commissions Act of 2006.
Coincidentally, their October 17 court date is also the anniversary of the signing of the Military Commissions Act, which sanctions evidence gained from the torture of terror suspects and suspends habeus corpus for so-called "enemy combatants.
"The court has forbidden the defense from even mentioning issues related to torture, the Military Commissions Act, international law, etc. during a trial."
Magistrate Hector Estrada has a great opportunity to mark this dark legal anniversary," said Jack Cohen-Joppa, a Tucson supporter of the California-based clergymen."Within the law, he could also declare that 'though their acts be criminal' and the Law would not permit the priests to present their defense, the interests of Justice compel him to commend their intent, and suspend any sentence."
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http://tortureontrial.org/Franciscan Father Louie Vitale served as the provincial of the California Franciscan Friars from 1979 to 1988. He is cofounder of the Nevada Desert Experience, a faith-based movement to end nuclear weapons testing. Jesuit Father Steve Kelly worked with the Jesuit Refugee Service in Central America for many years. In December, 2005, he served as chaplain for Witness Against Torture, a peaceful march across Cubato the gates of the Guantanamo prison camp. Both have a long record of nonviolent protest and subsequent imprisonment.
Photo: On Saturday night in Tucson at the Tucson Meet Yourself festival, a lone protester drew attention to U.S. torture and imprisonment with charges or trial. Photo Brenda Norrell.
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