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Terrorism charges against RNC protesters to be dropped
But suspected anarchist leaders still face GOP convention conspiracy trial

A first-ever prosecution under the 2002 state terrorism law will have to wait, now that the Ramsey County attorney's office has dropped terrorism charges against the men and women known as the "RNC 8."

Officials said Thursday they will file amended complaints in the cases of the eight defendants described as leaders of an anarchist group suspected of planning to disrupt the Republican National Convention.

"We believe the terrorism charges would have been a distraction at trial," said Ramsey County Attorney Susan Gaertner. "Dismissing those charges will help us focus on the core illegal conduct that occurred."

The charges of conspiracy to commit riot and conspiracy to commit criminal damage to property will remain. But charges of conspiracy to commit riot and conspiracy to commit criminal damage to property "in furtherance of terrorism" will be dismissed.

Attorney Bruce Nestor, who represents defendant Monica Bicking, welcomed the announcement.

"I think that the terrorism charges were dropped because the Ramsey County attorney finally recognized the absurdity of labeling these young activists as terrorists.

"That wouldn't pass what I call the laugh test: Can you really say it with a straight face in front of a jury?"

The real problem is the inflammatory way the defendants have been portrayed, and that hasn't changed, Nestor said.

"Nothing that exists justifies the nature of the public statements that were made and the investigation that was carried out," he said.

The Legislature enacted the terrorism law in 2002 in the wake of the federal Patriot Act. It provides longer sentences for felonies that involve premeditation and violence to people or property and that are intended, among other things, to intimidate the public and disrupt the right of lawful assembly, Gaertner said.

But in these cases, state sentencing guidelines provide for stayed prison sentences with jail time, fines and other sanctions as possible conditions of probation. The eight defendants, who appear to have no prior felonies, would not face longer prison sentences if convicted under the terrorism sentencing enhancement.

"Under the circumstances, the terrorism charge just complicates the case," Gaertner said.

Both sides said they know of no other cases in which the law has been used.

Ramsey County Sheriff Bob Fletcher said he supported Gaertner's decision. With a terrorism charge, "it becomes more of an emotional issue rather than a trial on the facts," he said.

The gravity of the case has not changed, Fletcher said. He said one of the RNC 8 traveled to Texas to recruit David McKay and Bradley Crowder to the protests. Fletcher declined to identify the alleged recruiter. McKay and Crowder pleaded guilty in federal court to making Molotov cocktails during the convention. The explosives were not used.

Police have said the RNC 8 were members of the RNC Welcoming Committee. The anarchist group vowed on its Web site to "crash the convention" and encouraged activists to prevent delegates from getting to the Xcel Energy Center during the Sept. 1-4 event.

Those charged are Robert Joseph Czernik, 33; Erik Charles Oseland, 21; Garrett Scott Fitzgerald, 25; Max Jacob Specktor, 19; Monica Rachel Bicking, 23; Nathanael David Secor, 26; Luce Guillen-Givins, 24; and Eryn Chase Trimmer, 23, all of Minneapolis.

They have denied involvement in terrorist activities. Several said they have never advocated violence against people.

A group called the Friends of the RNC 8 issued a statement that said the county attorney was "caving to months and months of public pressure."

Supporters of the defendants have been signing petitions, sending e-mails and attending court appearances to protest the prosecution of the cases.

"Make no mistake," defendant Guillen-Givins said in the statement. "This change to the complaint against us is a token gesture meant to placate our supporters and bolster a floundering political prosecution."

Prosecutors will move to amend the complaint and dismiss the terrorism counts at a hearing May 26 in Ramsey County District Court.

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