Subject: ACT UP SF fights GOP charges!
From: [email-masked]
Date: Tue, 27 Feb 1996 08:41:10 -0500

FOR IMMEDIATE RELEASE
DATE:  February 27, 1996 

CONTACTS: 
Michael Bellefountaine:  (415) 487-9954
Todd Swindell:  (415) 864-8355
 
Judge Disqualified and Supes Subpoenaed in ACT UP G.O.P. Trial
Prosecution drops conspiracy charge as AIDS activist moves forward with
necessity defense

San Francisco - In a whirlwind day of legal proceedings and surprise
protests, activists from the San Francisco chapter of the AIDS Coalition To
Unleash Power (ACT UP) successfully disqualified the judge presiding over the
case against HIV-positive defendant and ACT UP SF member David Pasquarelli.
AIDS activists also claimed victory Monday as the prosecution dropped
conspiracy charges against Pasquarelli.

In addition, ACT UP members disrupted yesterday's meeting of the San
Francisco Board of Supervisors and aggressively subpoenaed several city
officials thereby ordering them to testify in court on behalf of the defense
in Pasquarelli's upcoming jury trial. The trial, anticipated to begin within
the week, seeks to challenge criminal charges stemming from last years
takeover of San Francisco Republican headquarters on Van Ness Avenue by using
the necessity defense.

The day began in courtroom 17 of the Hall of Justice where ACT UP defense
attorney Mark Vermeulen filed a motion to disqualify Municipal Judge Julie
Teng from the case citing potential bias due to her political affiliations
with the San Francisco Republican Party. Teng admitted that she was a friend
of gay Republican and prosecution witness Chris Bowman and revealed that she
had repeatedly sought the endorsement of the G.O.P. in the bid for her
judicial seat. In the end, Teng agreed to comply with the motion for recusal
and the case is now scheduled to continue Tuesday, February 27 at 9:00 am in
courtroom 16 of 850 Bryant under the auspices of a new judge.

Besides the disqualification of a potentially impartial judge, ACT UP members
were also enthused that conspiracy charge against Pasquarelli was dropped.

"From the start, we have had to endure unsubstantiated charges stemming from
the G.O.P.'s lies in court. The charge of conspiracy was simply one of
several intimidation tactics by Republicans to threaten militant AIDS
activists into silence and it failed miserably." comments ACT UP SF member
and G.O.P. protester Floyd Collins. "When all the facts are weighed it will
be obvious that the Republicans, not desperate AIDS activists, are the guilty
party in this case."

Following the conclusion of the day's legal proceedings, a half dozen AIDS
activists stormed City Hall and disrupted the meeting of the Board of
Supervisors by serving subpoenas to City Supervisors Angela Alioto, Susan
Leal, and Carole Migden. They also publicly thanked Supervisor Tom Ammiano,
who contacted ACT UP San Francisco last week and agreed to testify as a
defense witness, for responding to their request for assistance from the gay
and AIDS communities.

Hot on the heels of the ACT UP blitz on City Hall, AIDS activists immediately
headed to the Health Department and barged into the offices of Public Health
Director Sandra Hernandez and AIDS Office Director Mitch Katz. Interrupting
telephone calls and meetings, the activists hand-delivered subpoenas ordering
each official to appear in court and provide crucial testimony on behalf of
the defense.

Activists are steadfast in their assertion that the G.O.P. office seizure was
an act of self-defense by people with AIDS who were responding to what they
terms as "the deadly policies and agenda of the Republican Party". They say
that they are eager to present their defense to a jury and will use important
testimony from subpoenaed local, state and national officials to prove that
it was harmful Republican actions that prompted their demonstration.

On July 11, 1995 fifteen activists, angry at Jesse Helms' stalling of Ryan
White AIDS funding reauthorization, stormed County Republican headquarters.
They plastered walls with "bloody" red handprints, littered the office with
stickers and fake AIDS money and hung a banner and effigies of Republican
lawmakers from the office's fire escape.

Originally four activists were arrested at the protest and charged with
inflated felony counts of vandalism, burglary and conspiracy. After nearly
eight months of rancorous court proceedings most of the charges have been
dismissed or reduced. one HIV-positive demonstrator, David Pasquarelli, still
faces a count of vandalism. He is fighting the charge using the necessity
defense. Such a defense recognizes that when an individual acts with a
sincere and reasonable belief that the action undertaken is necessary to
avert a greater harm, the law declines to penalize the conduct.

This week, ACT UP activists in Washington DC and Sacramento will be hand
delivering subpoenas to Republican Senator Jesse Helms, California Governor
Pete Wilson and State Attorney general Dan Lungren forcing them to take the
stand. ACT UP charges that a litany of past detrimental actions by these
individuals in the areas of AIDS funding and prevention as well as gay and
lesbian rights will demonstrate the overriding contempt of the GOP for Queers
and people with AIDS.

"Make no mistake, in this heated election year climate the Republicans are
stepping up their attacks on Queers and people will AIDS in their desperate
attempts to get votes. Bigots like Pat Buchanan are exploiting the politics
of fear, prejudice and hatred to oppose gay marriage, cut AIDS funding and
create and atmosphere of violence and intolerance towards us." charges ACT UP
members Todd Swindell. "With 300,000 U.S. citizens dead from AIDS and HIV the
number one killer of young men and women, we intend to challenge all G.O.P
attacks on the HIV-positive community; in court, at their San Diego
convention and on the campaign trial. They must be stopped."

For more information contact Michael Bellefountaine at (415) 487-9954 or Todd
Swindell at (415) 864-8355. ACT UP San Francisco's defense attorney Mark
Vermeulen can be reached at (415) 824-7533.