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1/19/03 - A hearing on the Contempt is scheduled for Jan 28th.  As always we would like to get more people involved in the effort.  John's efforts will be minimal during the months of February and March as he tries to complete vacation visits with his son.  You inputs are welcome, a resumption of NonViolent Action is planned for April.

1/15/03 - John has a couple of appearances this week in front of Federal Magistrate DiBiano.  The most important of which is regarding potentially being held in contempt for violating the Judges order regarding conduct in the Hanley Federal Building.  Below is a summary of documents (you can click on the link to see the actual document).  :

• DRAFT of  Federal Appeal (We hope you will find in an excellent summary of what went wrong in Court.  The first level of appeal is to a US District Court Judge.  The next level of appeal, if necessary, would be the 2nd Circuit Court of Appeals.
• Judges order regarding "no protesting" (page 1, page 2).
• John's letter asking for a "stay."  (Returned with no action, should have been from attorney. Will try again.)
• Request by US Attorney to have John held in contempt (page 1, page 2, page 3).
• Order to Show Cause issued by Judge (page1, page 2).

"This could be a rather frightening week with almost a certainty of more jail time and my big hope is that it will not affect a planned trip to see my son Domenic in mid February.  Part of me is very worried,  this thing is turning into a real train wreck in Federal Court with so many items pending.  What I fear the most is that people will "dig in."   The order is so sweeping and broad, and also based on "non" facts,  that it will almost certainly be overturned -- but in the meanwhile, as law biding citizens we are expected to obey even "bad" orders until they are changed (and I assume that includes unconstitutional orders?).

Really, I don't like putting the Judge and US Attorney in the position they are in to have to "nail" someone.  If our issue was tax reform, or animal rights, or global warming -- I'd be more than happy to wait a few weeks/months. I would not risk jail over those issues.   But this is about our children (and my child).  Each moment the "system" continues is one of pain for a lot of people and it needs to stop.  I must live the sense of urgency we all feel, but do it in a peaceful manner. I certainly have no doubts about what has happened in the past.  Continuing the effort was the right thing to do.

My perhaps "naive" hope is that the people involved will see this as a political manner, and not a criminal one.  That I will be allowed to proceed with my petition efforts in the building until all appeals are exhausted.  Certainly, everyone knows that I have been allowed to proceed in the past and on two prior occasions the Federal Government dismissed charges.  I have at least been consistent in my actions.  

They hold all the cards, perhaps they will give a bit and allow us to return to the prior status quo?  The most painful outcome will be the Judge issuing some type of ultimatum with which I will not be able to comply....  Many people may be frustrated at the orders, or the lack of response from Senator Clinton, or the legal process -- but really, if we are sincere in our search for reform, we need to take more action ourselves."

1/7/03 - John was arraigned and released by City Judge Kevin Young. 

1/6/03 - John returned to the Federal Building and was arrested for trespass, loitering, and disorderly conduct.  He was also given a Show Cause Order signed by a Federal Magistrate to appear in Federal Court on Jan. 16th for potential contempt charges.  He was arrested by Syracuse City Police and should be arraigned in City Court tomorrow.

This is John's last planned NonViolent action until mid-February.   He has plane tickets to visit his son out West the weekend of Feb. 13th for his birthday.  John hopes the pending court appearance will not put that visit into jeopardy.

1/2/03 - John wrote to Mr. Joseph Pavone, the US Attorney for the Northern District of New York, and asked for a review of what was happening in his case (see the letter here).  He also asked that the US Attorney's office investigate potential abuses of the Civil Rights of parents and children by the Family Law system of New York.   

Another letter was sent to the local office of Senator Charles Schumer (see the letter here). For an unknown reason the Judge's order had prohibited John from contacting their office?  The group PR person, Mary Jo Marceau-Hawthorne, visited the office on the 30th, had a nice visit, and was able to confirm they had not asked for that and had no problems with John or the rest of the group in the past.  We hope they will be able to get Senator Schumer's name removed from the order.

There has been no response at all from the office of Senator Clinton to events after repeated contact attempts (see below).  John  did contact the Senator's office and talked to Eric in scheduling, he was familiar with the group.  Eric said a new manager of scheduling would be in place Monday.  Another copy of your letters was faxed to Eric along with our meeting request and he did receive it. We hope there will be a meeting soon. John plans on returning to the building on January 6th, at app. 1 PM to continue our efforts.  Participation by concerned parents is welcome (and needed).

12/30/02 -  John returned to the Syracuse Federal Building again and was arrested by Federal police. He was first charged with loitering and then when he wanted to return to the 14th floor he was given tickets for trespass and disorderly conduct (while sitting in the office of the Federal Police).  He was then taken into custody by Syracuse City Police.  He should be arraigned tomorrow in Syracuse City Court.  There may be additional Federal charges filed for violating a Judge's order on Thursday. 

He was arraigned the next day by City Judge Higgins and released.  

12/28/02 -  Just a personal note, Domenic was here for a week and we had a great time.  Here is a picture of him (age 9), me, and my mother (you can click for a larger version).  It was a very good year, here is a copy of our Christmas Newsletter.

12/16/02 - John gets a copy of a stay away order from the Judge from his Federal Trial. . You can read page1 and page 2.   You can read some of John's earlier comments on the trial results here.   He hopes his attorney will be able to do "something" before December 30th, but there may not be time.  His plans are still the sam. 

"Unfortunately many of the "facts" are not true at all and based on things that just didn't happen. As I read the "order" and the "facts" I couldn't help but think of similar things I have read in Family Court -- where the "facts" are driven by the desired outcome the Judge has in mind.  Even in a US Courthouse, and a standard of proof, "beyond a reasonable doubt", it still happens. It affirmed for my why the presence of a Jury is so crucial."

12/12/02 - A package is sent to Senator Clinton's local and Washington offices (via FedEx) asking for a meeting with parents.  The package contains letters written by other parents and copies of local news articles.

11/22/02 - John was sentenced today to 10 days in jail by US Magistrate Judge DiBianco in the Syracuse Courthouse for the Northern District of New York.  On his release John plans on resuming the effort on December 30th. 

11/4/02 - John returned to the Federal Building at 1pm and was arrested and spent another night in jail.  He was arraigned by City Judge McKinney the next day and released.   Thursday he appears in front of City Judge Young for motions and to set a trial date for state charges against him.  Trial date was set for January 29th at 9AM on the trespass charge originating from July 29th, all others had been dismissed.

Federal Trial Results -  both guilty and NOT guilty.  Click here for current information on the trial.  Local newspaper coverage:

• Baldwinsville Messenger, Oct 16, 2002 (Front page)
• Times of Wayne County, Oct 14, 2002 (Front page)
• Finger Lake Times, Oct 9, 2002

10/03/02 - A day earlier John learns that US Magistrate Judge DiBianco has assigned him counsel from the Federal Public Defenders office in Syracuse.  He meets with his assigned counsel, Attorney Lisa Peebles, and also a research assistant, Attorney Melissa Tuohey.  They seem experienced, capable, and eager to provide an active defense. It was quite a relief for John!  For full details on the trial preparation and copies of key documents, click here.   His trial will not start on October 9th, but their will be motions made.

10/01/02 - John is arraigned by City Judge Rosenthal and released.  No activity is planned in the next weeks so that John can prepare for trial in US District Court on October 9th. 

9/30/02 -  John sent a letter to US Magistrate Judge DiBianco with his request to subpoena witnesses to testify at his trial on October 9th.  He returned to the Federal Building at 1 PM and was arrested by Syracuse City police for trespass.  The Federal Police also wrote another ticket for violation of building rules, ticket here.  He should be arraigned tomorrow.

9/23/02 -  John returned to the Federal Building at 1 PM and proceeded to the 14th Floor where Senator Clinton's office is located.  He again started his walk in the corridor and had continued for app. one hour when US Courthouse Security approached him (which they never had in the past). The officer told John that one of the District Judges had her chambers on that floor and there was some unusual activity going on and would he please leave.  He was also told no one was in Clinton's office, it was closed for the day (no reason given). A Federal police officer was also there and John asked if this was just a "one time thing" and he was told it was.  He did as they asked.

This was the second time in a week where I have been asked to leave. My initial feeling was to stay as it sounded like the Judge's staff just didn't want me around, but they did clarify their request and I had to give them the courtesy to assume it was in good faith. Next Monday I do plan on returning at the same time.

9/19/02 - John returned to the Federal Building. He was detained by building security as usual and they called the City Police to take him to jail. The City told them their had been a shooting. A young boy had been killed and the force was pretty busy. They would not be able to respond till evening. Federal security asked John if he would just go home for the day, that it would make things easier, and just come back next week.  He did as they asked.

9/18/02 -  John appears in front of Federal Magistrate DiBianco for the Northern District of New York. Asst. US Attorney Southwick explains the government's desire to prosecute the case.  The charge is violating building rules.  A trial date of Oct 9th at 2pm is scheduled (no jury due to the minor nature of the offense).  John ask for assignment of counsel to represent him, completes a financial statement, and expects a decision in the next few days.

This appearance (arraignment) lasted over 30 minutes.  Mr. Southwick went to some length to explain the history of the case and the government's desire to now prosecute.  I asked the Judge for Counsel. He said he was not sure if I would qualify, but to complete a financial statement for his review and to expect an answer within a week.  It was a bit unclear exactly what the charges were against me and Mr. Southwick said his office would prepare a standard detailed complaint and send it to me.  I did get a copy of an arrest form and also a narrative report filled out by the officer.

The Judge then wanted to set a trial data, I asked for at least a month to get ready.  The Judge said he would only grant that if I would agree to stop my activity in the building.   I told him I could not do that and a trial date of Oct 9th was set.   The Judge told both sides to exchange witness lists by October 2nd.

8/29/02 - John has a preliminary hearing in Syracuse City Court today, 29 Aug, as his attorney moves to have the six pending trespass charges against him dismissed (as they have been about 20 times in the past). This is a new Judge, and of course, nothing is a sure thing.

Judge Young was not going to do an informal dismissal and seemed to be ready for a trial. My lawyer asked for a motion date to make a formal motion, that is Oct 10. The judge said "the buck stops here" on this -- so I am pretty sure this will eventually go to trial with him and the verdict will be guilty. Trespass is a violation, so there is no jury. Not sure what the max penalty is, but I think it is like a week in jail. 

A few days ago John also received notice of his arraignment date in front of a Federal Magistrate in the Syracuse U.S. District Court House for the Northern District of New York.  In two other prior occasions these charges were also dismissed, but this time may be different. The date is Sept. 18 at 9:30 AM (anyone interested is welcome to attend.

Efforts have been suspended briefly. John and his mom have travel plans to fly out west to spend the weekend with this son, Sep 12-16.  

8/22/02 -  John returned to the 14th floor and was arrested by Syracuse Police.  He was arraigned by Syracuse City Judge McKinney and released.   There is a "preliminary hearing" date set for next week August 28th with Judge Young.   His attorney will be making a motion to dismiss the six pending arrests.  John's next return date to the building is not scheduled. 

8/21/02 - A letter was sent from John to the Federal Building Manager, asking that no further arrests for trespass be made.

"I have had the opportunity to hear from a few lawyers that think there may be a real case for a claim of harassment or civil rights violation on the part of officials causing my arrest. It seems that all charges will be dismissed as they have been in the past, but yet the arrests are still ordered.  I certainly hope they will just stop and that was the purpose of the letter."

8/15/02 - John returned to the 14th floor and was arrested by Syracuse Police.  He was arraigned on Friday (8/16) by Syracuse City Judge McKinney and released.  He plans on returning to the building again on Thursday, August 22nd, a 2PM.  Your participation is welcome! 

"Judge McKinney is probably the Judge I respect the most in Syracuse City Court.  Arraignments in his court proceed at a slower pace and he really looks at and talks to the accused.   Most of all, he appears to really listen to what is said.  He is not "easy", but I can sense that all prisoners feel they can get a fair hearing from him.  He is aware of what is happening and took the time to ask, "were you the only one arrested at the building."

8/14/02 - In the past week the effort received a generous $200 donation from Dr. C. Paul Sinkhorn, MD.  He also wrote a letter to Senator Clinton we'd like to share with you.   Earlier in the week John also wrote a letter to Judge Merrill, the supervising Judge for Syracuse City Court.

8/9/02 - John was arraigned by Judge Cecille.  His assigned council quickly spoke up and said the whole "accusatory instrument" was defective and the charge should be immediately dismissed, that you can't have trespass in a public building.  The DA also spoke up and told the Judge the people preferred to see Mr. Murtari released.  That this matter would best be served in motions on the preliminary hearing date of Aug 29th -- and that he expected the charges would be dismissed.  The Judge asked John if he had received a warning from Judge Young during his last visit and hadn't Judge Young warned him that a bail would be set if he returned.   John told the Judge that Judge Young had said he would hold him in Contempt of Court and jail him immediately.  Judge Cecille let John know that he would be doing arraignments on Saturday and that if he saw John, he would set a bail.  John was released.  He plans on returning to the Building on Thursday, Aug 15th (he will not be returning on Monday due to conflict with a dental appointment for his mother which cannot be delayed).

"I have to say how greatly relieved I was by the day's events. It was an exhausting experience in Jail the night before. Very crowded and noisy, no sleep at all just sitting in metal chair all night.  In the morning one of the deputies who had been at the prior arraignment with Judge Young told be that Young was scheduled to do arraignments and that I was "done."   I don't know what happened, but I certainly appreciated the efforts some folks made on my behalf -- they could have made the difference!"

8/8/02 - John returned to the building at 2pm.  He was advised by building security to leave and also by the Federal Police officer, but was allowed to continue his "walk" as they watched.  At about 2:30 the Syracuse Police showed up and arrested John for trespass.  He will be arraigned on Friday.   Many thanks to all of you that sent email and letter/phone calls in support of John -- he appreciates it.

8/6/02 -  John was arraigned in Syracuse City Court by Judge Kevin Young.  The Judge did not appear familiar with the background of the case and appeared frustrated to be seeing the same individual again.  He asked the DA if "this person was getting radio transmissions from the building" and was told it was a political matter. After asking John if he "understood english", he told him to keep away from the building and warned him he would face immediate jail time for contempt if the Judge saw him at another arraignment.  John plans on returning to the building on Thursday, Aug 8th, at 2pm.

"I had expected they might say stay away, but was surprised when he backed that up with a powerful threat. Contempt could mean an uncontested six months in jail.  A much longer sentence than any trespass would bring!  When I returned to my office, I decided to write a letter to both the Judge and DA explaining what had happened in the past. I also sent copies to the Building Manager and the offices of Senator Clinton.  I hope the Judge will have a better understanding of my motivation and understand that a series of other Judges have found "no trespass".  Here is an image of the Federal Building Rules governing conduct.

8/5/02 - John returned to the 14th floor and was told he was in violation of building rules and advised to leave.  He was then arrested by Syracuse City Police and charged with simple trespass.  Arraignment is scheduled for 8/6/02.

8/1/02 - John returned to the 14th floor and was told he was in violation of building rules and advised to leave.  He was then arrested by Syracuse City Police and charged with simple trespass.  John was arraigned in Syracuse City Court by Judge Young the next day and released.  He plans on returning to the building on Monday, August 5th.

7/30/02 - John was arraigned on "simple trespass" (Newspaper story was incorrect) charges by City Judge Rosenthal and released pending a preliminary hearing on August 29th with City Judge Young.  Judge Rosenthal was familiar with the charges and remarked that she had dismissed them in the past and that a similar defense motion for dismissal could probably be made by just changing dates on the prior submission.   Check here for image of story which appeared in Syracuse Post Standard.  He plans to return to the building on Thursday, August 1st, and every Monday, Wednesday after that.  Your participation and support is welcome.

Some of the pictures to be carried in building. Children of Mary Jo Marceau Hawthorne & John and Domenic Murtari

Children of Richard Eichinger & Family of Dr. Malcom Hatfield (MD) Mounted front and  back on a small card, total size about 7x11 inches. Click on photos for larger images.

7/29/02 - John Murtari, Mary Jo Marceau-Hawthorne (Macedon, NY), Chris Ranney (Binghamton, NY), and Rich Eichinger (Ft. Wayne Indiana) entered the Federal Building at app 2 PM and went to Senator Clinton's offices on the 14th floor.   Mary Jo, Chris, & Rich presented some letters and had a brief conversation with Kathy Calhoun, the Senator's Regional Representative.   John remained in the hallway carrying a card of pictures as he has done in the past.

He was arrested by Federal Police officers for failing to obey building signs regarding "demonstrations" (see ticket here), and when he expressed a desire to return to the 14th floor after being "ticketed" the Syracuse City Police were called and he was charged by them with Trespass (a "violation") and brought to the Justice Center.  A news release was sent out describing the event.

REMEMBER - Again, we are trying to keep a positive and courteous attitude at all times. These are good people that we are dealing with (certainly no worse than any of us are!). They may have trouble understanding our situations and goals. We will help them understand, NOT by insults, but by demonstrating OUR willingness to sacrifice for the sake of our children.
http://www.AKidsRight.Org/civil_back.htm