[mobglob-discuss] All Charges Dismissed Against IWW Organizer Daniel Gross

[Gordon Flett]

1.  Trial Update 
2.  Scotland-Starbucks Union Solidarity Radio Clip 
3.  Radio Clip on NLRB ruling 


1.  Trial Update 

January 14, 2005 www.starbucksunion.org 

All Charges Dismissed Against IWW Organizer Daniel Gross 


New York, NY- The Government dismissed the case against IWW Starbucks Workers Union co-founder Daniel Gross today in the New York Criminal Court, citing an inability to prove the charges.  Mr. Gross was set to stand trial on resisting arrest and disorderly conduct charges stemming from a march at the Republican National Convention against the Bush Administration's collaboration with union-busting at Starbucks.  Mr. Gross previously rejected a plea bargain to serve a week in jail.  The District Attorney later offered an ACD which Mr. Gross rejected as well, refusing to admit even symbolically any wrongdoing.  The dismissal of the Starbucks-instigated criminal charges comes just over two weeks after the National Labor Relations Board issued a complaint against the company alleging that management made threats, gave bribes, and created an impression of  surveillance in a failed effort to defeat the first-ever union of Starbucks café workers in the United States. 

"We are very pleased the truth has come out today yet the troubling fact remains that police officers falsely charged my client," said legendary civil rights attorney, Leonard Weinglass. 

Daniel Gross was snatched by NYPD Captain Mercandetti at a peaceful union march that began and ended at the Starbucks store where he works.   Co-worker and union activist Anthony Polanco was arrested as well; Mr. Polanco's charges have also been favorably resolved. Out of the 200-plus march participants, Mr. Gross and Mr. Polanco were the only ones arrested. 

Legal observers witnessed Starbucks managers coordinating with the NYPD before the protest began and the company has made false allegations to law enforcement about IWW protests in the past.  From the outset, Captain Mercandetti was heard telling officers to scrutinize Mr. Gross and to arrest him if even one foot went off the curb.  As Anya Kamenetz of the Village Voice put it, "by all indications, Daniel Gross was singled out.  What remains unclear is how long they'd been watching him." 

"2005 marks the 100th anniversary of the Industrial Workers of the World, a union that has undergone government repression for each of those 100 years," remarked Daniel Gross.  "So while we celebrate the victory today against the criminalization of dissent, we remember our sisters and brothers who have not fared as well." 

Just as Mr. Gross was concluding the march by thanking union supporters from around the country for taking a stand against the George W. Bush-Howard Schultz union-busting cabal, Mercandetti grabbed him from the sidewalk and with several officers aggressively arrested him.  Next, Mercandetti and NYPD Officer Hudecek conspired to falsify the sworn accusatory instrument against Mr. Gross.  Mr. Gross and Mr. Polanco, sitting handcuffed in the arrest bus, clearly witnessed Capt. Mercandetti order Officer Hudecek, the cop who took credit for the arrest, to write that he had personally witnessed the alleged misconduct. Mercandetti barked again that Hudecek was not to report that he was informed of the arrest but that he witnessed it personally.  Mercandetti then told Hudacek what Hudacek supposedly had witnessed, "you saw him blocking the way and resisting." 

With Mercandetti gone, Hudacek began filling out the arrest report with another officer nearby.  The two officers were on the bus within inches of Mr. Gross and Mr. Polanco.  While filling out the report, Hudecek remarked to the other officer that he was writing that he personally witnessed the allegedly offensive conduct.  The officer replied, "no you didn't, you were informed."  The matter ended when Hudecek answered, "no, Captain says I witnessed it." 

As one might expect, the charging information did not accurately reflect what had happened.  First, the NYPD claimed Mr. Gross was blocking both pedestrian and vehicular traffic.  As documented incontrovertibly by half a dozen videos of the event, Mr. Gross was arrested from the sidewalk and therefore could not have blocked any vehicle.  Video evidence also clearly shows pedestrians walking through the demonstration. This should come as no surprise as the NYPD itself spaced out marchers so only half the sidewalk in front of the Starbucks was taken up and the street corner was unobstructed. 

Video and photographic evidence shows that the resisting arrest charge was fabricated as well.  The sworn accusatory instrument alleges that Mr. Gross' arms were flailing.  When Mr. Gross was arrested one arm was immediately pinned behind his back and rendered immobile.  His other arm was essentially motionless and nowhere near "flailing." 

Mr. Gross and Mr. Polanco were taken to the Guantanamo-inspired Pier 57 and then joined the Critical Mass bike riders overnight at the infamous "Tombs" in Downtown New York. 

Statement of the IWW Starbucks Workers Union: 

The story of this case is the story of solidarity. Our goals were three-fold: 1) Take a principled stand against the criminalization of dissent, 2) deprive Starbucks of a potent fear tactic to use against workers joining the IWW, and 3) keep Daniel Gross out of jail. 

First and foremost, Leonard Weinglass' brilliant and aggressive legal strategy formed the cornerstone of the defense effort.  Next, the tremendous work of the National Lawyers Guild during the RNC was indispensable.  The Guild had almost a dozen legal observers taking copious and well-organized notes at the demonstration.  They also compiled six videotapes of the event. 

IWW member Tom Good organized a major petition effort demanding the DA drop the charges.  Eddie Murray of the Edinburgh IWW coordinated a day of action in support of Daniel Gross and the organizing campaign which featured demonstrations in front of Starbucks stores around Britain and the United States.  The General Defense Committee of the IWW provided support as well. And of course, we will never forget the 200-plus people who chose to march with us during the Republican National Convention. 


2.  Scotland-Starbucks Union Solidarity Radio Clip 

http://www.indymedia.org.uk/en/2005/01/303753.html 


3.  Radio Clip on NLRB ruling 

IWW segment is second on clip: 

http://www.laborradio.org/audio/headlines/lo/winshead011305.mp3 

_______________________________________________
Starbucksunion mailing list Starbucksunion at lists.iww.org http://lists.iww.org/mailman/listinfo/starbucksunion 
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