[Peace] VEYA’s Civil Suit From 2004 Eavesdropping Case Moves Forward

[Brian Dolinar]

*VEYA's Civil Suit From 2004 Eavesdropping Case Moves Forward *

Patrick Thompson and Martel Miller, co-founders of VEYA (Visionaries
Educating Youth and Adults), won a major victory this week in a federal
civil law suit they filed claiming their civil rights were violated when
local authorities charged them with felony eavesdropping in 2004 to stop
them from videotaping police.

In 2004, Thompson and Miller began videotaping police in the African
American community with the intent of producing a documentary film
called *Citizen's
Watch*. The documentary they made contrasted the heavy policing on the North
End with the hands-off approach of police on the University of
Illinoiscampus. It was shown at Boardman's
Art Theater and the Champaign Public Library to packed audiences.

In retaliation, Thompson and Miller were indicted with Class 1 felony
eavesdropping, an antiquated state law designed primarily to restrict
government wiretapping. The community rallied in their support, the
eavesdropping charges were eventually dropped, and State's Attorney John
Piland was voted out of office.

On August 24, 2004, the day after the first eavesdropping charges were
leveled against Miller, Thompson was charged with home invasion and sexual
abuse. The criminal case against Thompson has been through two trials, the
second which resulted in a guilty verdict. The verdict was then overturned
by the judge, and Thompson now faces a third trial. Thompson's supporters
raised several thousand dollars from the community this summer to help
attorneys Bob Kirchner and Ruth Wyman fight the charges against Thompson.
They say this case is further retaliation for his videotaping of police.

This is the basis of the civil suit in federal court, which alleges
retaliatory and malicious prosecution. This case has also been taken up by
attorneys Kirchner and Wyman. Last week, a federal judge ruled that the
claims in the civil suit have merit.

*Martel Miller and Patrick Thompson v. City of Champaign et. al. *

While Thompson was defending himself "pro se" in the first home invasion
trial, he also authored a multi-million dollar civil complaint on behalf of
VEYA and filed it at the federal courthouse on June 20, 2005. The case moved
forward for a year with Thompson single-handedly fending off three law firms
who filed over a dozen motions to dismiss. When attorneys Kirchner and Wyman
intervened in Thompson's criminal matter, they also took over the civil
lawsuit. With their legal expertise, they have voluntarily dismissed several
of the parties and narrowed the focus of the suit.

The case of Martel Miller and Patrick Thompson v. City of Champaign, R.T.
Finney, John Murphy, Troy Daniels, John Swenson, David Griffet, and
Elizabeth Dobson (05-2142) was recently ruled on by Judge Harold Baker. The
attorneys for the City of Champaign, and for former Assistant State's
Attorney Elizabeth Dobson, had filed a filed motions to dismiss the case.
While a few of the counts were dropped against the defendants, Judge Baker
found that the counts of unlawful seizure and malicious prosecution against
Dobson are legitimate, and that the counts against the City of Champaign for
malicious prosecution, retaliatory prosecution and filing of criminal
charges, and illegal seizure of the camcorder and video are also valid.
Additionally, a count related to a racially motivated traffic stop of
Thompson was ruled to have basis.

The lawsuit claims that in August 2004, while Miller was filming a traffic
stop, Champaign police officer David Griffet was ordered by Assistant State's
Attorney Elizabeth Dobson, who was doing a "ride-along," to confiscate
Miller's camcorder and tape. It also alleges that Chief Finney, and his
commanding officers Murphy, Daniels, and Swenson initiated these actions
without probable cause. The former Assistant State's Attorney and the City
of Champaign tried to claim immunity, but according to Judge Baker's ruling
they were responsible.

Chief Finney says he had no knowledge of the plan to stop the two men from
videotaping and that he would not have approved of it if he did. Yet none of
Chief Finney's officers were disciplined for the eavesdropping mishap and
all remain on the force.

In an additional complaint amended to the civil suit, Thompson claims that
he was the victim of a racially-motivated traffic stop in December 2003.
Thompson states that he was sitting in his car in a parking lot when Sgt.
Griffet approached him and asked about the contents of his thermos (thinking
it was alcohol). When Thompson showed him it was tea, Griffet let him go.
Shortly after, Thompson was followed by several Champaign police officers.
He was pulled over by Officer Lack, who gave Thompson a ticket for having a
light out over his rear license plate. Thompson says his license plate was
lighted and that this stop was a part of the City's pattern of racial
profiling and disparate treatment of African Americans. Judge Baker granted
that Thompson could be given the "benefit of imagination," citing case law,
that when Sgt. Griffet was unable to cite Thompson, he had ordered other
officers to follow and eventually ticket him.

Thompson and Miller believe that this civil suit, if won, will further
expose the heavy-handed policing of the African American community. In lieu
of a Police Review Board in Champaign, they think a fight in the courts is
the only way to bring accountability to the police department.

*Other Court Dates*

In further news related to the Thompson/Miller eavesdropping fiasco,
Thompson is in small claims court on November 16, 2007 at 11 a.m. in
Courtroom D for a suit he has against Harvey Welch, who defended him in his
second trial, and who was found by the court to have provided ineffective
counsel.

Thompson also has a hearing in the ongoing criminal matter on September 24
at 2 p.m. in Courtroom A.

Defendants in the federal civil suit are required to respond to Judge
Baker's ruling within 14 days.



For more on Thompson's criminal case see:

"More Testimony Comes to Light in Post-trial Motion for Patrick Thompson"

http://www.ucimc.org/node/712

"Second Hearing in Post-trial Motion for Patrick Thompson"

http://www.ucimc.org/node/922
-- 
Brian Dolinar, Ph.D.
303 W. Locust St.
Urbana, IL 61801
briandolinar at gmail.com
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