Jury acquits CDC activist arrested at Albuquerque airport!
UPDATE February 28, 2011 -- We have updated our Phil Mocek Defense Fund accounting. We will be sending the $3,000 balance to Phil's attorneys in Albuquerque to cover his legal bills -- which totaled $34,000.
UPDATE January 21, 2011 -- An Albuquerque jury has acquitted CDC board member and "freedom flyer" Phil Mocek of four trumped-up charges relating to his refusal to show ID to TSA screeners. Congratulations, Phil!
January 21, 2011 -- American citizens enjoy a right to travel between the states without showing their papers to the government -- a right long upheld by the Supreme Court of our nation. Before the United States Transportation Security Administration implemented naked body scanners and started groping crotches and bosoms, and before it was widely popular to criticize the TSA, CDC member Phil Mocek opted out of the federal government's ID demand. And they hit him pretty hard for it, throwing him in jail and charging him with four trumped-up counts, hoping any one of them sticks.
Phil went back to Albuquerque -- by train this time -- for his December 7 trial. However, the trial was ultimately postponed after prosecutors requested more time to review video evidence. In open court, Phil's lawyer told the judge, "the video has become relevant because it contradicts directly the witness interviews that we did in this case," and said "I am optimistic that, hopefully, the DA will review this and compare it to prior testimony that we have, and hopefully this case will go away."
The case did not go away, and Phil's trial started yesterday in an Albuquerque court house. Jury selection is complete, opening arguments are in, and the prosecution has pressed its case. Today the defense will present its case.
Privacy advocates and civil libertarians across the country are watching the case. Edward Hasbrouck from the Identity Project told Albuquerque media, "this is the first time anybody anywhere in the country has actually been arrested and put on trial on criminal charges for anything that happens at a TSA checkpoint."
Mon, Nov 16, 2009, 6:45 p.m. MST -- Phil is now listed as bonded meaning he's free to go. The jail said they will let him out in an unknown amount of time -- approximately 4-6 hours or so.
Mon, Nov 16, 2009, 4:20 p.m. MST -- We think we've finally posted Phil's bond, which was lowered to $1,000. According to most sources, he should be out of the Albuquerque Metropolitan Detention Center in 4-8 hours. We are working to secure him legal representation in Albuquerque. Cost estimates are about $2,000-4,000 for a retainer. Hoping he has heard somehow that people have been working to get him out. Incommunicado for 28 hours and counting.
Mon, Nov 16, 2009, 12:20 p.m. MST -- The lawyer we got hold of didn't get to his arraignment in time. It appears Phil was arraigned and put back in the Metropolitan Detention Center, with no modifications to his bond. We've contacted a bonding company and are working to get them 10% bond payment information and license copies via frustrating fax technology. The bond will cost $275, and of that, $228 is non-refundable.
We've continued talking with a few civil rights attorneys in Albuquerque, in hopes of finding someone willing to 1) deal with the litany of criminal charges they threw at Phil for his amateur photography, and 2) seek redress after that. Currently, Phil is still incarcerated.
Mon, Nov 16, 2009, 9:30 a.m. MST -- Phil is charged with four counts -- disorderly conduct, concealing his identity, refusing to obey an officer, and criminal trespass. He is being arraigned this morning.
It is unclear whether police were called because of Phil's refusal to show ID to TSA, or because Phil took photos at the TSA checkpoint. It appears to be the latter -- the photo taking. Interestingly, Phil contacted the Albuquerque airport (scroll down a bit and look for the pmocek posts) many months ago about this very same issue, and was told by airport officials that it is legal to take photographs at the TSA checkpoint.
After much scrambling, we found an attorney who (hopefully) is representing Phil at his arraignment. His bond was initially set at $2,275. The bonding window doesn't take phone payments, so we need someone local to bail him out (either the lawyer, or a bail bondsman). We've set up a paypal account for Phil's Legal Defense Fund.
Activist arrested at Albuquerque airport
Sun, Nov 15, 2009 -- A Washington State medical marijuana activist was arrested at the Albuquerque airport today after refusing to show ID to TSA screeners. Activist Phil Mocek is one of many Americans who believe Americans have a right to travel freely between the states without showing their papers to the federal government.
Mocek was tabling at the 2009 International Drug Policy Reform Conference for a Seattle-based activist group called the Cannabis Defense Coalition. The event was attended by over one thousand people, including New Mexico Governor Bill Richardson, and former Governor Gary Johnson.
At the Albuquerque airport for his flight back to Seattle, Mocek politely refused to show his ID to a TSA screener, who called in a supervisor. Mocek started recording with his digital camera, which caused the TSA supervisor to become extremely agitated. The police were called in, with six officers arriving on the scene. Mocek was immediately arrested. Another Seattle activist, Jesse Gallagos, was traveling with Mocek, and was driven in a police cruiser to the edge of the Albuquerque airport, dropped off, and told he was banned from flying for 24 hours.
Like many Americans, Mocek has flown for years without showing ID to federal officials. He made headlines last year for questioning security measures at Kansas City Airport in regards to their ID requirements.
At this point, it remains unclear what Mocek was arrested for. Unofficial police statements say is being booked for "disturbing the peace" by taking photographs at a TSA checkpoint. As of 5 p.m. Sunday, Mocek has been in police custody for four hours, and is still being "processed" by airport police.
The Cannabis Defense Coalition is a 501(c)(3) nonprofit group focused on medical marijuana activism in Washington State. If you know anyone local to Albuquerque that can help, please contact Ben Livingston at 206-335-9214.
CDC Twitter - short, quick updates on Phil from the CDC
Phil's Defense Fund
We've set up a Paypal account to raise funds to get Phil out of jail, and help defend him against these charges. Please consider contributing to Phil's legal defense.
This page accounts for the donations we have received for the Phil Mocek "freedom to travel" defense fund.
Date
Location
Amount
Fee
Net
11/16/09
Johns Island SC
10
-0.69
9.31
11/16/09
Orchard Beach MD
100
-3.2
96.8
11/16/09
Garden City Park NY
25
-1.03
23.97
11/16/09
Charlotte NC
25
-1.03
23.97
11/16/09
Providence RI
20
-0.88
19.12
11/16/09
Sterling IL
10
-0.59
9.41
11/16/09
San Jose CA
25
-1.03
23.97
11/16/09
Pflugerville TX
5
-0.45
4.55
11/16/09
Seattle WA
40
-1.46
38.54
11/16/09
Alexandria VA
20
-0.88
19.12
11/16/09
Orchard Park NY
20
-0.88
19.12
11/16/09
Longmont CO
40
-1.46
38.54
11/17/09
Charlotte NC
1.15
-0.33
0.82
11/17/09
Maple Valley WA
40
-1.46
38.54
11/17/09
Federal Way WA
25
-1.03
23.97
11/17/09
Sparta NC
50
-1.75
48.25
11/17/09
Port Orchard WA
25
-1.03
23.97
11/17/09
Forest Park IL
100
-3.2
96.8
11/17/09
Floyds Knobs IN
50
-1.75
48.25
11/17/09
Seattle WA
50
-1.75
48.25
11/18/09
Glendale AZ
10
-0.59
9.41
11/18/09
Chicago IL
5
-0.45
4.55
11/18/09
Fresno CA
25
-1.03
23.97
11/21/09
San Diego CA
50
-1.75
48.25
11/22/09
Edgartown MA
20
-0.88
19.12
11/23/09
Colorado Springs CO
25
-1.03
23.97
11/24/09
Mesa AZ
25
-1.03
23.97
11/25/09
New York NY
50
-1.75
48.25
11/27/09
Atlanta GA
20
-0.88
19.12
12/09/09
Long Beach CA
20
-0.88
19.12
01/18/10
Kosice Slovakia
10
-0.69
9.31
941.15
-36.84
904.31
At the end of January 2010, the Cannabis Defense Coalition sent a check for $941.15 to Phil's legal team. This included $36.84 contributed from the CDC general fund to cover all Paypal fees associated with these donations.
Date
Location
Amount
Fee
Net
02/02/10
Floyds Knobs IN
100
-3.2
96.8
02/02/10
Redmond WA
25
-1.03
23.97
04/25/10
Elk Grove CA
20
-0.88
19.12
04/26/10
Houston TX
25
-1.03
23.97
04/29/10
Ventura CA
25
-1.03
23.97
05/10/10
Rochester NY
50
-1.75
48.25
05/18/10
Evanston IL
50
-1.75
48.25
07/02/10
Portland OR
25
-1.03
23.97
11/20/10
Colorado Springs CO
25
-1.03
23.97
11/21/10
Montreal Canada
75
-3.23
71.77
11/22/10
New London CT
50
-1.75
48.25
11/22/10
Ireland
18
-1
17
11/23/10
Hunnebostrand Sweden
35
-1.67
33.33
11/28/10
Bellevue WA
20
-0.88
19.12
11/29/10
Seattle WA
35
-1.32
33.68
12/02/10
Manhattan KS
15
-0.74
14.26
12/02/10
Tucson AZ
20
-0.88
19.12
12/03/10
Maumelle AR
20
-0.88
19.12
12/04/10
Trumansburg NY
100
-3.2
96.8
12/05/10
Palmer AK
25
-1.03
23.97
12/08/10
Hunnebostrand Sweden
15
-0.89
14.11
12/08/10
Tempe AZ
10
-0.59
9.41
12/13/10
Providence RI
50
-1.75
48.25
01/01/11
Watertown MA
100
-3.2
96.8
01/17/11
Santa Ana CA
25
-1.03
23.97
01/18/11
Bellevue WA
200
-6.1
193.9
01/19/11
Hunnebostrand Sweden
20
-1.08
18.92
01/21/11
Harlingen TX
20
-0.88
19.12
01/21/11
Northville MI
25
-1.03
23.97
01/24/11
Cobug North Australia
20
-1.08
18.92
01/24/11
Verneuil-sur-Seine France
10
-0.69
9.31
01/24/11
Berlin Germany
5
-0.5
4.5
01/24/11
Bennington NH
50
-1.75
48.25
01/24/11
Los Angeles CA
30
-1.17
28.83
01/24/11
Trappe PA
100
-3.2
96.8
01/24/11
Golden CO
10
-0.59
9.41
01/24/11
Harrogate United Kingdom
10
-0.69
9.31
01/24/11
Charleston SC
25
-1.03
23.97
01/24/11
Roselle NJ
10
-0.59
9.41
01/24/11
Duluth GA
10
-0.59
9.41
01/24/11
Portage MI
10
-0.59
9.41
01/24/11
Pacifica CA
20
-0.88
19.12
01/24/11
Studio City CA
20
-0.88
19.12
01/24/11
Oakland CA
50
-1.75
48.25
01/24/11
Burbank CA
20
-0.88
19.12
01/24/11
Garden Grove CA
20
-0.88
19.12
01/24/11
Tenafly NJ
10
-0.59
9.41
01/24/11
Little Rock AR
20
-0.88
19.12
01/24/11
Houston TX
5
-0.45
4.55
01/24/11
Toronto Canada
100
-4.2
95.8
01/24/11
Brockton MA
100
-3.2
96.8
01/24/11
New York NY
10
-0.59
9.41
01/25/11
Brookline MA
50
-1.75
48.25
01/25/11
Salt Lake City UT
10
-0.59
9.41
01/25/11
Orange CA
50
-1.75
48.25
01/25/11
Dallas TX
100
-3.2
96.8
01/26/11
Pittsburgh PA
35
-1.32
33.68
01/27/11
Portland OR
50
-1.75
48.25
01/27/11
Hunnebostrand Sweden
75
-3.23
71.77
01/27/11
Federal Way WA
100
-3.2
96.8
01/27/11
North Bellmore NY
25
-1.03
23.97
01/28/11
Florissant CO
10
-0.59
9.41
01/29/11
Blaine WA
25
-1.03
23.97
01/30/11
Amagasaki Japan
100
-4.2
95.8
01/30/11
Califon NJ
20
-0.88
19.12
01/31/11
Palmyra VA
25
-1.03
23.97
01/31/11
Ashburn VA
50
-1.75
48.25
01/31/11
Natick MA
20
-0.88
19.12
02/01/11
Westlake Village CA
10
-0.59
9.41
02/04/11
Assumption IL
1
-0.33
0.67
02/05/11
Santa Fe NM
20
-0.88
19.12
02/06/11
Longmont CO
100
-3.2
96.8
02/07/11
Mooresville NC
5
-0.45
4.55
02/07/11
Seattle WA
50
-1.75
48.25
02/09/11
Gastonia NC
20
-0.88
19.12
02/11/11
Denver CO
50
-1.75
48.25
02/11/11
Duncanville TX
10
-0.59
9.41
02/14/11
St. Laurent Canada
25
-1.28
23.72
02/18/11
Salt Lake City UT
30
-1.17
28.83
02/21/11
Arnold MO
40
-1.46
38.54
2994
-116.02
2877.98
On February 28, 2011, the CDC cut a check for $3,594 to Phil's attorneys. The amount includes $2,994 in Paypal donations -- with $116.02 contributed from the CDC general fund to cover credit card fees -- and $600 in cash donations.
WE HAVE MOVED!
Cannabis Resource Center
1714 1st Ave S
Seattle, WA 98134 (map)
Johns Island SC 
Kosice Slovakia 
Montreal Canada 
Ireland 
Hunnebostrand Sweden 
Cobug North Australia 
Verneuil-sur-Seine France 
Berlin Germany 
Harrogate United Kingdom 
Amagasaki Japan 