[free-sklyarov] Why is Sklyarov still in jail?

[Greg Broiles]

Dmitry has already had a bail hearing, in front of a judge, with an 
attorney, in Las Vegas - Kevin Mitnick sat in jail because he and his 
lawyers waived his speedy trial rights. (not that I'm saying that was not 
the right choice, given the volume and complexity of evidence they needed 
to process, but *he waived his rights*, so it doesn't make sense to 
complain about denying them to him.)

Not that I like what's happening, but let's not lose credibility by 
complaining about things which aren't true.

The real problems here are -

1.      The inappropriateness of the DMCA
2.      The extraterritorial application of the DMCA
3.      Arresting someone visiting the country briefly to present a paper 
to hold them for the first known prosecution under a new law

(which aren't necessarily legal problems, but moral, public relations, or 
philosophical problems.)

If you're pissed off about how the criminal trial system works - and that's 
a reasonable thing to be pissed about - it's probably not helpful to merge 
that opposition with opposition to Dmitry's individual case, at least not 
if your goal is to improve Dmitry's circumstances. Dmitry's getting the 
same (or better) treatment than the other prisoners within the federal system.

At 08:23 AM 8/4/2001 -0700, Charles Eakins wrote:
>I really don't understand this, since if you were arrested locally, they
>have 72 hours.  Why do the feds have no restrictions?  Maybe this is
>something else that needs to be gone after.
>
>-----Original Message-----
>From: free-sklyarov-admin at zork.net
>[mailto:free-sklyarov-admin at zork.net]On Behalf Of Peter
>Sent: Saturday, August 04, 2001 4:53 AM
>To: Ed Carp; free-sklyarov at zork.net
>Subject: RE: [free-sklyarov] Why is Sklyarov still in jail?
>
>
>2 weeks without bail is not very long. Kevin Mitnik was sitting in
>jail 4 1/2 years without bail or trail.
>Peter
>
>
>Free Dmitry Sklyarov
>Repeal the DMCA
>----------------------------------------
>http://www.lupercalia.net/dmca
>http://www.freesklyarov.org
>
>
>Seth David Schoen (schoen at loyalty.org) writes:
>
> > > Why doesn't
> > > someone file a writ of habeas corpus in Federal court to get this
>man out of
> > > jail?
> >
> > "Too early" -- an experienced lawyer.
>
>Really?  How's that?
>
> > Nobody feels that the government has violated legal standards for a
> > speedy and public trial yet.  Committed a monstrous injustice, yes.
> > Made the U.S. look ridiculous and frightening to the rest of the
> > world, sure.  Violated legal standards for procedural due process in
> > criminal cases, no.
>
>You're kidding, right?  You're telling me that it's *normal* for a
>Federal
>prisoner to be held *weeks* without a bail hearing?  Hs he even been
>arraigned
>yet?
>
>If I were arrested tomorrow, if I hadn't been arraigned and bail set
>by 9 AM
>Monday morning, rest assured that my attorney would be in court by
>noon.  Why
>is it OK for the Federal courts to violate the Sixth and Eighth
>Amendments?
>
> > > Why is he being denied bail?
> >
> > The bail hearing hasn't happened yet.
> >
> > Sklyarov is being treated, say attorneys, no worse than your typical
> > Federal prisoner.
>
>Then this country is in serious trouble when a prisoner can be held
>for weeks
>without a bail hearing.  If memory serves, even the Supreme Court has
>ruled
>on cases regarding how long one can be held without a hearing, and
>under what
>circumstances one can be held without bail.  This is an absolute
>crock.
>
>On the other hand, if it can be shown that the Government delay is
>excessive,
>the charges against Sklyarov can be dismissed (Strunk v. US) - maybe
>that's
>what this whole thing is about...
>
>The FBI agents (who are named in the affidavit, by the way) should be
>brought
>up on criminal charges - 18 USC 1983 comes to mind... they *knew*, or
>should
>have known, that Sklyarov had committed no crime while in this
>country, and
>they have a duty to the law to see that the law is upheld.  "Fidelity,
>Bravery,
>and Integrity", indeed.
>--
>Ed Carp, N7EKG          erc at pobox.com           214/986-5870 cell phone
>http://www.pobox.com/~erc
>
>I sometimes wonder if the American people deserve to be free - they
>seem
>so unwilling to fight to preserve the few freedoms they have left.
>

--
Greg Broiles
gbroiles at well.com
"We have found and closed the thing you watch us with." -- New Delhi street kids