Jury acquits CDC activist arrested at Albuquerque airport!
UPDATE February 28, 2011 -- We have updated our Phil Mocek Defense Fund accounting. We will be sending the $3,000 balance to Phil's attorneys in Albuquerque to cover his legal bills -- which totaled $34,000.
UPDATE January 21, 2011 -- An Albuquerque jury has acquitted CDC board member and "freedom flyer" Phil Mocek of four trumped-up charges relating to his refusal to show ID to TSA screeners. Congratulations, Phil!
January 21, 2011 -- American citizens enjoy a right to travel between the states without showing their papers to the government -- a right long upheld by the Supreme Court of our nation. Before the United States Transportation Security Administration implemented naked body scanners and started groping crotches and bosoms, and before it was widely popular to criticize the TSA, CDC member Phil Mocek opted out of the federal government's ID demand. And they hit him pretty hard for it, throwing him in jail and charging him with four trumped-up counts, hoping any one of them sticks.
Phil went back to Albuquerque -- by train this time -- for his December 7 trial. However, the trial was ultimately postponed after prosecutors requested more time to review video evidence. In open court, Phil's lawyer told the judge, "the video has become relevant because it contradicts directly the witness interviews that we did in this case," and said "I am optimistic that, hopefully, the DA will review this and compare it to prior testimony that we have, and hopefully this case will go away."
The case did not go away, and Phil's trial started yesterday in an Albuquerque court house. Jury selection is complete, opening arguments are in, and the prosecution has pressed its case. Today the defense will present its case.
Privacy advocates and civil libertarians across the country are watching the case. Edward Hasbrouck from the Identity Project told Albuquerque media, "this is the first time anybody anywhere in the country has actually been arrested and put on trial on criminal charges for anything that happens at a TSA checkpoint."
Please consider contributing to Phil's legal defense.
Arrest updates
Tue, Nov 17, 2009, 6:30 p.m. PST -- Our boys made it back to Seattle. Phil's criminal case information is now online. (Thanks FlyerTalk.)
Tue, Nov 17, 2009, 4:30 p.m. MST -- Phil and Jesse are on a plane back to Seattle. Should be home at 6 p.m. PST.
Mon, Nov 16, 2009, 11:35 p.m. MST -- Phil is out of jail, finally! The first post-arrest ping from the CDC Skype chat:
[10:34:58 PM] Phil Mocek says: Howdy, folks. Free man, here.
He is listed in the Albuquerque jail release list.
Mon, Nov 16, 2009, 6:45 p.m. MST -- Phil is now listed as bonded meaning he's free to go. The jail said they will let him out in an unknown amount of time -- approximately 4-6 hours or so.
Mon, Nov 16, 2009, 4:20 p.m. MST -- We think we've finally posted Phil's bond, which was lowered to $1,000. According to most sources, he should be out of the Albuquerque Metropolitan Detention Center in 4-8 hours. We are working to secure him legal representation in Albuquerque. Cost estimates are about $2,000-4,000 for a retainer. Hoping he has heard somehow that people have been working to get him out. Incommunicado for 28 hours and counting.
Mon, Nov 16, 2009, 12:20 p.m. MST -- The lawyer we got hold of didn't get to his arraignment in time. It appears Phil was arraigned and put back in the Metropolitan Detention Center, with no modifications to his bond. We've contacted a bonding company and are working to get them 10% bond payment information and license copies via frustrating fax technology. The bond will cost $275, and of that, $228 is non-refundable.
We've continued talking with a few civil rights attorneys in Albuquerque, in hopes of finding someone willing to 1) deal with the litany of criminal charges they threw at Phil for his amateur photography, and 2) seek redress after that. Currently, Phil is still incarcerated.
Mon, Nov 16, 2009, 9:30 a.m. MST -- Phil is charged with four counts -- disorderly conduct, concealing his identity, refusing to obey an officer, and criminal trespass. He is being arraigned this morning.
It is unclear whether police were called because of Phil's refusal to show ID to TSA, or because Phil took photos at the TSA checkpoint. It appears to be the latter -- the photo taking. Interestingly, Phil contacted the Albuquerque airport (scroll down a bit and look for the pmocek posts) many months ago about this very same issue, and was told by airport officials that it is legal to take photographs at the TSA checkpoint.
After much scrambling, we found an attorney who (hopefully) is representing Phil at his arraignment. His bond was initially set at $2,275. The bonding window doesn't take phone payments, so we need someone local to bail him out (either the lawyer, or a bail bondsman). We've set up a paypal account for Phil's Legal Defense Fund.
Activist arrested at Albuquerque airport
Sun, Nov 15, 2009 -- A Washington State medical marijuana activist was arrested at the Albuquerque airport today after refusing to show ID to TSA screeners. Activist Phil Mocek is one of many Americans who believe Americans have a right to travel freely between the states without showing their papers to the federal government.
Mocek was tabling at the 2009 International Drug Policy Reform Conference for a Seattle-based activist group called the Cannabis Defense Coalition. The event was attended by over one thousand people, including New Mexico Governor Bill Richardson, and former Governor Gary Johnson.
At the Albuquerque airport for his flight back to Seattle, Mocek politely refused to show his ID to a TSA screener, who called in a supervisor. Mocek started recording with his digital camera, which caused the TSA supervisor to become extremely agitated. The police were called in, with six officers arriving on the scene. Mocek was immediately arrested. Another Seattle activist, Jesse Gallagos, was traveling with Mocek, and was driven in a police cruiser to the edge of the Albuquerque airport, dropped off, and told he was banned from flying for 24 hours.
Like many Americans, Mocek has flown for years without showing ID to federal officials. He made headlines last year for questioning security measures at Kansas City Airport in regards to their ID requirements.
At this point, it remains unclear what Mocek was arrested for. Unofficial police statements say is being booked for "disturbing the peace" by taking photographs at a TSA checkpoint. As of 5 p.m. Sunday, Mocek has been in police custody for four hours, and is still being "processed" by airport police.
The Cannabis Defense Coalition is a 501(c)(3) nonprofit group focused on medical marijuana activism in Washington State. If you know anyone local to Albuquerque that can help, please contact Ben Livingston at 206-335-9214.
Media
- TSA Arrest Activist for Not Showing ID
Infowars - November 16, 2009 - Flyer Arrested in NM After Declining to Show ID
Philosecurity - November 15, 2009 - Press release
Cannabis Defense Coalition - November 15, 2009
Other Info
- Court case information
- Inmate details
- Jail release list
- CDC Twitter - short, quick updates on Phil from the CDC
Phil's Defense Fund
We've set up a Paypal account to raise funds to get Phil out of jail, and help defend him against these charges. Please consider contributing to Phil's legal defense.
Defense fund accounting
This page accounts for the donations we have received for the Phil Mocek "freedom to travel" defense fund.
| Date | Location | Amount | Fee | Net |
|---|---|---|---|---|
| 11/16/09 |  Johns Island SC | 10 | -0.69 | 9.31 |
| 11/16/09 | Orchard Beach MD | 100 | -3.2 | 96.8 |
| 11/16/09 | Garden City Park NY | 25 | -1.03 | 23.97 |
| 11/16/09 | Charlotte NC | 25 | -1.03 | 23.97 |
| 11/16/09 | Providence RI | 20 | -0.88 | 19.12 |
| 11/16/09 | Sterling IL | 10 | -0.59 | 9.41 |
| 11/16/09 | San Jose CA | 25 | -1.03 | 23.97 |
| 11/16/09 | Pflugerville TX | 5 | -0.45 | 4.55 |
| 11/16/09 | Seattle WA | 40 | -1.46 | 38.54 |
| 11/16/09 | Alexandria VA | 20 | -0.88 | 19.12 |
| 11/16/09 | Orchard Park NY | 20 | -0.88 | 19.12 |
| 11/16/09 | Longmont CO | 40 | -1.46 | 38.54 |
| 11/17/09 | Charlotte NC | 1.15 | -0.33 | 0.82 |
| 11/17/09 | Maple Valley WA | 40 | -1.46 | 38.54 |
| 11/17/09 | Federal Way WA | 25 | -1.03 | 23.97 |
| 11/17/09 | Sparta NC | 50 | -1.75 | 48.25 |
| 11/17/09 | Port Orchard WA | 25 | -1.03 | 23.97 |
| 11/17/09 | Forest Park IL | 100 | -3.2 | 96.8 |
| 11/17/09 | Floyds Knobs IN | 50 | -1.75 | 48.25 |
| 11/17/09 | Seattle WA | 50 | -1.75 | 48.25 |
| 11/18/09 | Glendale AZ | 10 | -0.59 | 9.41 |
| 11/18/09 | Chicago IL | 5 | -0.45 | 4.55 |
| 11/18/09 | Fresno CA | 25 | -1.03 | 23.97 |
| 11/21/09 | San Diego CA | 50 | -1.75 | 48.25 |
| 11/22/09 | Edgartown MA | 20 | -0.88 | 19.12 |
| 11/23/09 | Colorado Springs CO | 25 | -1.03 | 23.97 |
| 11/24/09 | Mesa AZ | 25 | -1.03 | 23.97 |
| 11/25/09 | New York NY | 50 | -1.75 | 48.25 |
| 11/27/09 | Atlanta GA | 20 | -0.88 | 19.12 |
| 12/09/09 | Long Beach CA | 20 | -0.88 | 19.12 |
| 01/18/10 |  Kosice Slovakia | 10 | -0.69 | 9.31 |
| 941.15 | -36.84 | 904.31 |
At the end of January 2010, the Cannabis Defense Coalition sent a check for $941.15 to Phil's legal team. This included $36.84 contributed from the CDC general fund to cover all Paypal fees associated with these donations.
| Date | Location | Amount | Fee | Net |
|---|---|---|---|---|
| 02/02/10 | Floyds Knobs IN | 100 | -3.2 | 96.8 |
| 02/02/10 | Redmond WA | 25 | -1.03 | 23.97 |
| 04/25/10 | Elk Grove CA | 20 | -0.88 | 19.12 |
| 04/26/10 | Houston TX | 25 | -1.03 | 23.97 |
| 04/29/10 | Ventura CA | 25 | -1.03 | 23.97 |
| 05/10/10 | Rochester NY | 50 | -1.75 | 48.25 |
| 05/18/10 | Evanston IL | 50 | -1.75 | 48.25 |
| 07/02/10 | Portland OR | 25 | -1.03 | 23.97 |
| 11/20/10 | Colorado Springs CO | 25 | -1.03 | 23.97 |
| 11/21/10 |  Montreal Canada | 75 | -3.23 | 71.77 |
| 11/22/10 | New London CT | 50 | -1.75 | 48.25 |
| 11/22/10 |  Ireland | 18 | -1 | 17 |
| 11/23/10 |  Hunnebostrand Sweden | 35 | -1.67 | 33.33 |
| 11/28/10 | Bellevue WA | 20 | -0.88 | 19.12 |
| 11/29/10 | Seattle WA | 35 | -1.32 | 33.68 |
| 12/02/10 | Manhattan KS | 15 | -0.74 | 14.26 |
| 12/02/10 | Tucson AZ | 20 | -0.88 | 19.12 |
| 12/03/10 | Maumelle AR | 20 | -0.88 | 19.12 |
| 12/04/10 | Trumansburg NY | 100 | -3.2 | 96.8 |
| 12/05/10 | Palmer AK | 25 | -1.03 | 23.97 |
| 12/08/10 | Hunnebostrand Sweden | 15 | -0.89 | 14.11 |
| 12/08/10 | Tempe AZ | 10 | -0.59 | 9.41 |
| 12/13/10 | Providence RI | 50 | -1.75 | 48.25 |
| 01/01/11 | Watertown MA | 100 | -3.2 | 96.8 |
| 01/17/11 | Santa Ana CA | 25 | -1.03 | 23.97 |
| 01/18/11 | Bellevue WA | 200 | -6.1 | 193.9 |
| 01/19/11 | Hunnebostrand Sweden | 20 | -1.08 | 18.92 |
| 01/21/11 | Harlingen TX | 20 | -0.88 | 19.12 |
| 01/21/11 | Northville MI | 25 | -1.03 | 23.97 |
| 01/24/11 |  Cobug North Australia | 20 | -1.08 | 18.92 |
| 01/24/11 |  Verneuil-sur-Seine France | 10 | -0.69 | 9.31 |
| 01/24/11 |  Berlin Germany | 5 | -0.5 | 4.5 |
| 01/24/11 | Bennington NH | 50 | -1.75 | 48.25 |
| 01/24/11 | Los Angeles CA | 30 | -1.17 | 28.83 |
| 01/24/11 | Trappe PA | 100 | -3.2 | 96.8 |
| 01/24/11 | Golden CO | 10 | -0.59 | 9.41 |
| 01/24/11 |  Harrogate United Kingdom | 10 | -0.69 | 9.31 |
| 01/24/11 | Charleston SC | 25 | -1.03 | 23.97 |
| 01/24/11 | Roselle NJ | 10 | -0.59 | 9.41 |
| 01/24/11 | Duluth GA | 10 | -0.59 | 9.41 |
| 01/24/11 | Portage MI | 10 | -0.59 | 9.41 |
| 01/24/11 | Pacifica CA | 20 | -0.88 | 19.12 |
| 01/24/11 | Studio City CA | 20 | -0.88 | 19.12 |
| 01/24/11 | Oakland CA | 50 | -1.75 | 48.25 |
| 01/24/11 | Burbank CA | 20 | -0.88 | 19.12 |
| 01/24/11 | Garden Grove CA | 20 | -0.88 | 19.12 |
| 01/24/11 | Tenafly NJ | 10 | -0.59 | 9.41 |
| 01/24/11 | Little Rock AR | 20 | -0.88 | 19.12 |
| 01/24/11 | Houston TX | 5 | -0.45 | 4.55 |
| 01/24/11 | Toronto Canada | 100 | -4.2 | 95.8 |
| 01/24/11 | Brockton MA | 100 | -3.2 | 96.8 |
| 01/24/11 | New York NY | 10 | -0.59 | 9.41 |
| 01/25/11 | Brookline MA | 50 | -1.75 | 48.25 |
| 01/25/11 | Salt Lake City UT | 10 | -0.59 | 9.41 |
| 01/25/11 | Orange CA | 50 | -1.75 | 48.25 |
| 01/25/11 | Dallas TX | 100 | -3.2 | 96.8 |
| 01/26/11 | Pittsburgh PA | 35 | -1.32 | 33.68 |
| 01/27/11 | Portland OR | 50 | -1.75 | 48.25 |
| 01/27/11 | Hunnebostrand Sweden | 75 | -3.23 | 71.77 |
| 01/27/11 | Federal Way WA | 100 | -3.2 | 96.8 |
| 01/27/11 | North Bellmore NY | 25 | -1.03 | 23.97 |
| 01/28/11 | Florissant CO | 10 | -0.59 | 9.41 |
| 01/29/11 | Blaine WA | 25 | -1.03 | 23.97 |
| 01/30/11 |  Amagasaki Japan | 100 | -4.2 | 95.8 |
| 01/30/11 | Califon NJ | 20 | -0.88 | 19.12 |
| 01/31/11 | Palmyra VA | 25 | -1.03 | 23.97 |
| 01/31/11 | Ashburn VA | 50 | -1.75 | 48.25 |
| 01/31/11 | Natick MA | 20 | -0.88 | 19.12 |
| 02/01/11 | Westlake Village CA | 10 | -0.59 | 9.41 |
| 02/04/11 | Assumption IL | 1 | -0.33 | 0.67 |
| 02/05/11 | Santa Fe NM | 20 | -0.88 | 19.12 |
| 02/06/11 | Longmont CO | 100 | -3.2 | 96.8 |
| 02/07/11 | Mooresville NC | 5 | -0.45 | 4.55 |
| 02/07/11 | Seattle WA | 50 | -1.75 | 48.25 |
| 02/09/11 | Gastonia NC | 20 | -0.88 | 19.12 |
| 02/11/11 | Denver CO | 50 | -1.75 | 48.25 |
| 02/11/11 | Duncanville TX | 10 | -0.59 | 9.41 |
| 02/14/11 | St. Laurent Canada | 25 | -1.28 | 23.72 |
| 02/18/11 | Salt Lake City UT | 30 | -1.17 | 28.83 |
| 02/21/11 | Arnold MO | 40 | -1.46 | 38.54 |
| 2994 | -116.02 | 2877.98 |
On February 28, 2011, the CDC cut a check for $3,594 to Phil's attorneys. The amount includes $2,994 in Paypal donations -- with $116.02 contributed from the CDC general fund to cover credit card fees -- and $600 in cash donations.
