david mckay

from The Rag Blog: http://theragblog.blogspot.com/2009/05/james-retherford-brandon-darby-te...

On May 22nd, 2009, David Guy McKay was brought before Judge Michael J.
Davis and given 48 months behind bars -- double the sentence given to
Bradley Neal Crowder a week ago. Davis ruled that McKay had obstructed
justice and had not fully accepted responsibility for his actions.

During his sentencing, the judge pondered how this person, whose family
testified as being a good-natured and ambitious young man, could have come
to the Republican National Convention with a group of anarchists and

David McKay

Minneapolis, May 21st, 2009 — After his first federal trial ended in a hung jury[1], Texan David McKay pled guilty in a second trial rather than letting his friend from Austin and co-defendant, Bradley Cro

5/21-22: David McKay setenced to 4 years.  Coverage: Sentencing David McKay and Spinning the Media (CRASS) | Towards a More Empowering Militancy

5/19: The Star Tribune reports that FBI snitch Andrew Darst, convicted of assault earlier this year, avoids jail time in what appears to be a back room deal. Hennepin County prosecutor John Halla failed to show up for the sentencing by known racist judge Dan Mabley.

St. Paul City Attorney John Choi's record went from 1 RNC conviction to none over the weekend.  Medic Sean McCoy was convicted of public assembly without a permit and levied a $50 fine earlier this year.  Attorney Bruce Nestor then filed a motion for a new trial, which was granted on Friday.  Nestor believes it is unlikely the state will continue the prosecution.  However, in his decision (see PDF), Judge Edward Wilson rejected the argument that St. Paul's 25-person assembly ordinance is unconstitutional.  Meanwhile, 17-year-old Keith Smith goes to trial at 1:30 Monday at the Juvenile Justice Center at 7th and St. Peter in St. Paul.  The city appears to be prosecuting Smith, whose iconic stand (or sit) in front of police lines and subsequent injuries (pictured) made headlines,due to his likelihood to sue.  Read on for more court dates coming up fast. UPDATE: Smith was given an actual trial date in July.  The prosecutor seemed to indicate that he is continuing with the case due to the possibility of civil litigation.

RNC Analysis--Where's There's Smoke... Anarchism After the RNC: "Such a brutal reaction might lead us to believe that 'we must be doing something right.' After all, where there's smoke, there's fire, right?"

Crimethinc Releases RNC Analyses | FBI Infiltrated Iowa Anti-War Group Before RNC | Crowder Receives Two Year Sentence (McKay 10am Thurs.)| Open Letter to Susan Gaertner from Susan Mahoney | RNC 8 Protest Gaertner Fundraiser | Jesse James and the RNC Others | Still Healing from the RNC? Event June 7

mccoy-decision.pdf

Between the State and a Hard Place: Statement on David McKay's Plea
from the Austin Informant Working Group

In a tumultuous, somewhat stunning turn of events, David McKay's guilty plea was accepted in federal court in Minneapolis Tuesday, a day after Judge Davis indicated that he was unlikely to accept the plea on the basis of evidence pointing to entrapment by FBI informant and horrible human being-extraordinaire Brandon Darby at the original trial.  McKay had been motivated to plea at the last minute - supporters and courtwatchers did not know about the plea until Sunday evening - when the state compelled co-defendant Bradley Crowder to testify against him, threatening additional prison ti

UPDATE 3/17 10:30am: Judge decides to accept the guilty plea - details to follow. [Current details about entrapment dimensions coming up.] 12:50pm: Strib summary says entrapment claim dropped, McKay now held until sentencing. COINTELPRO still works, score another round for feds' provocateur playbook; pressuring multiple defendants worked for them.

UPDATE 3/16 2:50pm: No jury selection today. Potential jurors were in hallway as defense, prosecution debate plea. Judge will issue final decision on whether to accept plea at 9 am Tuesday. It is possible he may accept the plea, but seems unlikely. Important note for observers: 15 minutes before hearing, an arbitrary ruling that no backpacks will be allowed in the gallery. Don't bring a backpack! [Strib story on delay notes McKay doesn't fully withdraw prior claim he was entrapped]

UPDATE 3/16 2:15pm: Appears to be going into trial/jury selection. McKay attempts to plead guilty, but judge refuses to take the plea! [Judge may be convinced he was entrapped? Questions along these lines.]

UPDATE 3/16 9:30am: David McKay may take a plea to one charge of possession of a destructive device on Monday morning. Pressure to plea out has come from the government as co-defendant Bradley Crowder was to be subpoenaed for the first time to testify against McKay and was reportedly threatened with additional prison time (plus the Feds' credibility would be severely damaged by failing to convict him again). [Correction: It is now unknown if McKay could use an entrapment argument at his future sentencing.] All are invited to pack the courtroom at 9am Monday in a show of solidarity against dirty government tactics!

(original story below)

The retrial begins Monday March 16th, 9:00 AM, Room 15E, U.S. Courts Building, 300 South 4th St, Downtown Mineapolis.  Back in early February, David McKay's first trial ended in a hung jury after more than a week of proceedings and deliberation. It is believed that the jury could not decide if FBI informant Brandon Darby's involvment qualified as entrapment -- they were concerned with the difference between "inducing" and "persuading" an action. After the case was declared a mistrial, Judge Davis, who is presiding over this upcoming trial as well, allowed David to post bond and return home to Texas for the first time since September.

Twin Cities Indymedia will be providing ongoing coverage of the McKay Re-trial. Read on for more info and other RNC felony-related news. (TXT 'follow tcimc' to 40404 to get TC-IMC Twitter court updates to your phone) 

Twin Cities Indymedia coverage of January's trial. | Notes from Day 1, Day 2, | Hung Jury: McKay Free (Feb. 2) |  Retrial: Statement from Twin Cities RNC Felony Working Group | Statement from Austin Informant Working Group | Free the Texas Two | Information on informant Brandon Darby

On Monday, March 16, the retrial of Austin activist David McKay, accused of possessing Molotov cocktails at the Republican National Convention last September, will begin in Minneapolis. McKay’s first trial in late January was declared a mistrial as a result of a hung jury over the question of whether the conduct of the main informant in the case, Brandon Darby, constituted entrapment. While this was not the acquittal that was deserved, it remains a clear indictment of the government's conduct and use of informants.

As the case of Bradley Crowder and David McKay, two individuals from Texas who are being federally charged with Posession of an Unregistered Firearm, has unfolded, there have been many confusing and saddening developments.  The Texas two were accused of making molotov cocktails at the RNC. Amongst the controversies and cloudiness has been the revelation that Brandon Darby, a well known-activist, had been working as an informant for the FBI and was heavily involved in the case against them.