John Amidon Acquitted of Speaking Against Murder

From Syracuse.com
By Catie O'Toole | cotoole@syracuse.com

DeWitt, NY -- A DeWitt town judge Monday night acquitted a U.S. Marine veteran who wore a Grim reaper costume during a permitted protest last year outside Hancock air base.

John Amidon, 66, president of the Albany chapter of Veterans for Peace, was charged April 28, 2013 with attempted criminal trespass and loitering, both violations.

Amidon was among 31 people arrested that day. He was the first of the group to be tried.

DeWitt Town Judge David Gideon found Amidon not guilty of both charges after watching a video of the arrest and hearing from six witnesses, said defense lawyer Kathy Manley.

During his trial Monday night, Amidon testified he was standing on top of a barrier within the free-speech zone in front of Hancock Field during a permitted protest. He was wearing a Grim Reaper mask and long black robe at the time. The protest, he said, was organized by the Upstate Coalition to Ground the Drones and End the Wars, and the Syracuse Peace Council.

"I was doing street theater," Amidon said. "I was arrested in a free-speech zone and dragged out of it."

Assistant District Attorney Jordan McNamara argued Amidon was trying to climb over the barricade, Manley said. One of the prosecutor's two witnesses was the arresting police officer who testified he thought Amidon was going to climb over the barrier, Manley said after the trial. McNamara could not be reached for comment.

Amidon and three witnesses at the protest also testified.

"I did not trespass," Amidon said. "I had a Constitutional right to wear the mask."

The defense argued there was a reason for why Amidon chose the Grim Reaper costume: "The Grim Reaper is a symbol of the drone program," said Manley, a lawyer from Albany. The New York Air National Guard's 174th Attack Wing operates unmanned MQ-9 Reaper drones from Hancock Air Base and the Navy drone program's logo is that of a Grim Reaper, she said.

"The Reaper drone is killing indiscriminately and the Grim Reaper collects the souls of the innocent and guilty alike," Amidon said.

The judge found Amidon not guilty of loitering because his Grim Reaper mask and costume were props and props were included in the permit, Manley said. Gideon found Amidon not guilty of attempted criminal trespass because "the evidence showed he was not trying to climb over the barrier," Manley said.

"They ran in and grabbed him from behind," she said. "He was surrounded by other officers and handcuffed, and his mask was pulled off."

After court, Amidon said he was happy with the verdict.

"It was an absolute splendid victory," he said. "Freedom of speech was protected."