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10 April 2005
Dear Mike, I have asked for the services of a notary, but I have no idea how long that will take. As to your other inquiry, no I have not been charged with resisting arrest, and yes I am still charged with three counts of assaulting a police officer with a deadly weapon. A settlement conference is scheduled for the 26th at which my lawyer, Ms. Stewart, will solicit a plea bargain. One possible plea bargain would be resisting arrest, which she says is a charge of which I could easily be convicted. The fact that the arrest was illegal is immaterial to the question of whether I resisted it. Courts have ruled that there is no right to resist illegal arrest (though there is a right to resist an arrest made with excessive force). Yes I remember the time Ernest Hancock said he would be arrested but backed down. I said at the time that I could understand his not wanting to be arrested, but that he shouldn’t have told everyone he would be. It makes him and the whole movement look like clowns out for cheap publicity. Yours, Kevin |
