Pennsylvania videographer learns there is no justice in court system



After facing eight years in prison for the “crime” of videotaping a court security officer, George Donnelly accepted a plea deal where he only had to pay a $500 fine.

Still, the 39-year-old activist has regrets because the plea deal forced him to admit to a crime he did not commit.

But considering how biased the system proved to be against him from the time he was arrested to the moment he faced the judge, it was probably his best bet.

“I wanted to put their feet to the fire but my attorney was busy and he didn’t have time to do that,” he said in an interview with Photography is Not a Crime.

“I was also under a lot of financial pressure.”

The absurd case against Donnelly proves what PINAC reader Sydney Carton, who is an attorney, once stated in the comments section of this blog.

“Once you walk into a courtroom, you’ve already lost. The best way to win is to avoid it at all costs, because the ‘justice system’ is anything but.”

Donnelly, who finalized his plea deal during a September 1 hearing, produced the above video with clips from the May 11 incident in which he was accused of striking a female court security officer.

The video shows it was actually him who was assaulted by a male security officer.

Not surprisingly, federal marshals deleted footage from two video cameras as well as audio from a voice recorder before returning the devices to him months later.

However, he was able to retrieve footage from one camera and the audio from the voice recorder to include in the above video. The footage from his Flip camera, which he pulled out after they had confiscated his Canon, was corrupted when he recovered it and unable to be used.

But enough was recovered to prove they created the case against him simply because they did not like him videotaping them. The action starts around the 3:43 mark.

“The security grabbed my camera and I held on to it,” he said. “I was hunched over with my hands between my knees holding my camera and they piled on me. They knocked me down.

“A marshal put his knee in my mouth and they got my camera.”

U.S. Marshal Enrique Trevino then pulled him up and sat him on a statue. Donnelly pulled out the Homeland Security bulletin that states that photography of federal buildings is legal.

Donnelly then pulled out his Flip camera and began videotaping, but Trevino told him it was “illegal to film.”

“I tell him to show me the law,” he said. “He then grabbed that camera. After a second of holding on to it, I let it go.”

Then he was handcuffed and arrested.

At no point did he have a physical altercation with Claire Burns, the female security officer, but Trevino swore in the affidavit that Donnelly had assaulted her.

Trevino also states that he was aware that Donnelly had attracted the attention of the security officers because he was videotaping, but then further down in the affidavit, he claims he had no idea what Donnelly was holding in his hand when he had the camera between his knees.

He claimed that he feared it could have been a weapon.

“Since it was unknown to me what the object was, and could have been a weapon which could cause harm to myself or other CSOs or bystanders that were present, Mr. Donnelly was taken to the ground with assistance from Supervisor Deputy U.S. Marshal Bryant Semenza, for security reasons. Donnelly refused continued orders to show his hands, and kept them tightly clenched between his legs.”

Donnelly ended up imprisoned for two days and under house arrest for six weeks. They also confiscated his five guns and his passport. He was also forced to wear an ankle bracelet.

While he was initially charged with assaulting a court security officer, he ended up accepting the plea deal for disobeying a lawful order.

Like Judge Jose L. Fernandez who told me he was “shocked” at my “lack of remorse” for photographing cops in my first trial, Judge Henry Perkin told Donnelly he needed to have “more common sense.”

But Donnelly never broke the law. That is evident in the video. And that should have been evident to Perkin. But Perkin proved to be another judge who acts on his own biases rather than on the actual law.

To read a full account of Donnelly’s experience, check out his blog post.

Comments

Anonymous
Anonymous

This is pathetic. And I’m sorry that George didn’t have a lawyer with a pair of balls. This country used to be great, now? Sad.

IceTrey: how many activism events have you organized in front of federal buildings? I find it understandable, if disappointing, that so few people are interesting in such events.

Later on, more people came out for the events, but by then it was too late and we still had a dearth of videographers.

You have a chance to Restore our Rights in 2012, if everyone of you write in Don Cordell for President as we elect a leader to Restore not Change America. Our Bill of Rights has been cancelled by our Police, and our Leaders have become our Masters, not our Servants. I'm an 83 year old Patriot that will not allow this Treason to continue in our nation. I have 2 Mayflower ancestors who came to this country in 1620 for Freedom. I will not tolerate anymore of our Rights to be trampled by Thugs in Blue, or any other color of Tyranny. Stand up and support Restoration of every one of our Bill of Rights and the Constitution as our ancestors fought to give us, an nation of "We the People" Do not surrender, join with me, and we can save this nation, with Liberty and Justice for all.

Anonymous
Anonymous

Didn’t anyone get charged with destroying evidence? I would think, at the very least, the judge would give the benefit of doubt the George’s sequence of events on the fact the evidence was erased by someone on the prosecution’s side.

Anonymous
Anonymous

@John Q: The pattern in most of the cases reported is that the judges side with the officers, sometimes in the face of overwhelming evidence that the officers lied. There’s definitely bias in the system to believe law enforcement over normal citizens, no matter what kind of proof those citizens have.

Frankly that’s more disturbing than the harassment of photographers.

Anonymous
Anonymous

After reading this site and InjusticeEverywhere I really have no desire to ever go to Pennsylvania ever again.

Anonymous
Anonymous

FYI: http://www.google.com/products/catalog?q=pen+camera&cid=3136547248931713...

“This Premier 4GB USB Digital Pocket Video Recorder Ballpoint Pen is a mini DVR (Digital Video Recorder) which combines a full color digital camera and recorder in the shape of a pen that actually writes! This Premier spy-pen camera plus audio is a super small pen camera with a mini DVR to record all the action. Just click it like you would any ball point pen to start recording. You can record for a full two hours on a single charge! …”

This is a camera that they probably won’t think to confiscate.

Anonymous
Anonymous

After this, I have to wonder if the Cardassian people, from Star Trek fame, are based upon the US Gov? They have a Central Command, basically ran by the military (ie: People with guns). They also have their spy agency, the Obsidian Order.

The most striking comparison, in the Cardassian legal system, the verdict is already known before the trial. The verdict is always guilty and the trial is only used to determine your sentence.

Anonymous
Anonymous

“After reading this site and InjusticeEverywhere I really have no desire to ever go to Pennsylvania ever again.”

I have no desire to live in any major city cesspool. I have a desire to move to the Rocky Mountain West, or rural E. Tenn. or KY near the Appalachian Mountains. Your best, and only way, to avoid government is to move where there is minimal government funding. This would be more rural areas. Escape the cesspools of the major urban areas (cities of 500K+ with a good % of welfare layabouts and bums) if you desire to have any life worth living over the next coming decades.

Anonymous
Anonymous

I am the most calm peaceful person, but when I see stuff like this I really believe we need to start having public executions of public officials when they outright violate our rights and assault or kill us. I guarantee when you have a couple of corrupt judges and officers hanging by their necks in front of the courthouse the rest will start to learn that Americans will not stand for this anymore. Not that I condone hurting or killing anyone, it just seems like nothing else is working….

Anonymous
Anonymous

sadly, I think that if you are going to do something like this…. you should have several people videotaping from a distance to make sure the action is caught on tape.

Anonymous
Anonymous

John Q: The thing is, I couldn’t find out about the evidence being erased until after the court proceedings were completed, unless I wanted to turn down the plea deal. And then I only got to watch it at the marshal’s office. They wouldn’t let me have a copy of the video.

Bruce: I may get one of those but the thing is that it may be illegal in some jurisdictions and if they catch you recording them with it, you may be in Anthony Graber land.

dirtymoney, I agree. But despite the fact that the US is the greater imprisoning state in the world by percentage of population, it’s difficult to get people to come out for events that ameliorate this travesty.
George Donnelly recently posted..United States of America vs George Donnelly- How US Marshals Framed a Peaceful Photographer

Anonymous
Anonymous

Judge Henry Perkin sounds like a real cocksucking piece of shit.

Anonymous
Anonymous

> when I see stuff like this I really believe we need to start having public executions of public officials when they outright violate our rights and assault or kill us

Yeah, my first thought was “Those judges are just too stupid to live”.

Anonymous
Anonymous

Staggering really, it appears that the only law-abiding and innocent person in the entire courtroom was the person on trial charged with a crime!

How does stuff like this fly when there are multiple crimes committed by multiple felons all caught on tape that establishes their guilt beyond any shadow of a doubt.. and no action is taken. Furthermore, how can redress of these injustices be held? Do citizens need to march on a court armed with guns and take the police and judge into custody?

It seems that technology aside, the USA is simply another Somalia or Zimbabwe in terms of the utter lawlessness of its government.

Thank you George for being an outstanding citizen in standing up to these thugs and doing what was right and what you are lawfully empowered to do.

Anonymous
Anonymous

The Powers that Be are really bothered
by the fact that people might learn about
Jury Nullification and use it to let
people go free. This case was evidence of that.

Let’s see, you don’t have Free Speech on “Federal Property” (this case) and you don’t have Free Speech on Private Property (malls, stores, private land, Metro stations,etc), then there’s no Free Speech in America. Right?

Anonymous
Anonymous

It’s also worth noting that the guy in a black dress is a co-worker of the evidence tampering kidnappers. Justice was never an option in that room.

Anonymous
Anonymous

You can rate Judge Perkins at the following website:

http://www.therobingroom.com/Judge.aspx?ID=1583

It appears as if they heavily moderate the site, so if you do rate and comment, do so professionally, intelligently, and without malice.

Anonymous
Anonymous

The judge, USMS, and CSOs aren’t just co-workers: the USMS and CSOs are the personal security force for the judge.

There’s an obvious conflict of interest in allowing their “protectee” to pass judgment on whether they’ve gone too far in protecting him.

Anonymous
Anonymous

Sounds like this guy should get a better lawyer. And Sue!

Anonymous
Anonymous

Sadly, the vast majority of (non-civil) cases in this country are headed by a judge with a conflict of interest.

Ask yourself two things:
Who is prosecuting you? Usually court cases are listed as “State of _____ v. Some Schmoe”.

Who does the judge represent? Invariably, the answer is the judge represents the state that is prosecuting you.

The game is rigged. How can anyone call such a system “Justice”? That word has been perverted by real criminals into the dirtiest word in the english language.

Anonymous
Anonymous

This is why if you are going to engage in this type of activity you always have a partner taking video from some distance away.

Anonymous
Anonymous

Ken, I had a very good lawyer. Perhaps the best for this case. But lawyers are officers of the court. He has lots of other cases before the same court.

IceTrey, we can’t get enough people and enough with cameras to make it happen right. I’m waiting for more people to step up to the plate.
George Donnelly recently posted..United States of America vs George Donnelly- How US Marshals Framed a Peaceful Photographer

Anonymous
Anonymous

Under what authority were guns and passport confiscated? Without a felony conviction I can’t see any legal basis. Besides that, where were these items? Why isn’t the ACLU a)appealing for you, and b)suing the judge and justice department, and c)the lying female guard? How can billionaire libertarian corporate capitalists have any positive affect on anything other than their own incomes? This story smells funny.

Anonymous
Anonymous

“Under what authority were guns and passport confiscated? Without a felony conviction I can’t see any legal basis. ”
————————————
Yeah, more and more, you see all these Draconian penalties imposed before any conviction–so much for innocent until proven guilty.
For what, holding up a camera?
The real offense is challenging the bloated “system” and all the self-important goons that comprise it.
Passport confiscation? 911, McVeigh comparisons? Charges so vague you can’t beat them.
Who are the real villains here?

Anonymous
Anonymous

For those who are shocked at injustice in the Pennsylvania court system, I suggest you read Rober Surrick’s book “Lawyer, Judges and Journalists: The Corrupt and the Corruptors.” Judging [pun intended] from Mr. Donnelly’s ordeal, the federal courts in Pa. are just as decrepit as the state courts.
Lawrence J. Smith recently posted..Privatize Football LewRockwellcom

Anonymous
Anonymous

I imagine there will come a day when the photographer is no longer willing to simply be a victim.

What might happen if a sniper were covering the photographer, ready to blow away anyone who attacks him?

Such shooting, even of law-enforcement officers, might be perfectly legal in most jurisdictions as defense of another from death or great bodily injury and the burden of proof upon those initiating the attack to demonstrate that they acted properly.

Anonymous
Anonymous

George, you can’t find ONE extra person to tape from across the street? One hands out the pamphlets, one tapes near him, one tapes from across the street. If that’s to hard at least get a smartphone and Qik so your video will be uploaded to the net and the cops can’t erase it. If your not doing something to protect your video then your just wasting your time.

Anonymous
Anonymous

I don’t know whether it was here or copblock.org, but I read about a type of video camera that uploads the contents to the net as soon as the off button is pushed. Probably better than the pencam, as even if confiscated the video is already out of the camera. Probably a good idea for anyone taking video of cops to have one of these.

Anonymous
Anonymous

Guy Fawkes // Sep 25, 2010 at 2:12 PM

I don’t know whether it was here or copblock.org, but I read about a type of video camera that uploads the contents to the net as soon as the off button is pushed. Probably better than the pencam, as even if confiscated the video is already out of the camera. Probably a good idea for anyone taking video of cops to have one of these.

—————————————————-

If you ever find out the information on that, how about posting it on this site.

Rail Car Fan

Anonymous
Anonymous

@Rail Car Fan

I googled around and found a few prospects, though not the camera I read about that dumps everything to the web as soon as the camera is shut off. It may have been a cell phone cam, I’m not sure. Considering what a cell phone cam is part of, they seem the most likely candidates for this.

http://www.askdavetaylor.com/how_to_upload_video_apple_iphone_youtube.html
If you have the right model iphone this tells you how to do it, process looks too slow though if LEO is playing grabby grabby with your iphone-cam

http://i.engadget.com/2010/07/28/samsung-unveils-wifi-enabled-st80-camer...
Samsung ST80 WiFi-enabled Camera
Maybe not the best choice, as it looks like you need some kind of openwifi for it to upload, of course if you have a wifi enabled laptop sitting near you in a car, or held innocuously by a friend near by, this could work.

http://itookthisonmyphone.com/
I can’t say whether this is any good or not, I haven’t used it. If it works and your cell phone works with their software it looks ideal for shooting cops, feds, bouncers, anyone who is likely to get hostile and seize your camera.
From web site: “With a single click, you take a photo or shoot a video on your phone and it’s automatically transferred to your personal, online photo gallery. No wires. No manual uploads. No extra keystrokes. No Cost. No Kidding.”

Anonymous
Anonymous

This is what you want Guy.

http://qik.com/

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