What we do know is that the evidence room audit has been completed. Presumably, this means that the cases put on hold by that investigation are getting ready to resume. All eleven defendants are still facing trial, it is only a matter of when the prosecution decides to begin setting trial dates. There has been no indication from the prosecuting attorney or the district attorneys office when when that will be.  As far as we are aware, the trials will still happen in three groups, and consecutively. When there is new information we will post it as quickly as we are able.

It’s easy to begin to forget about those facing such repression after the length of time they as well as we have all endured. This call is going out to make sure we do not neglect our friends and comrades, especially with the 1st of May approaching. The drain of such a long legal battle can begin to wear spirits thin, they need your support and solidarity now more than ever. Money for the defense fund is always needed, as legal fees will continue to mount. Kind words and statements of solidarity are always welcome. Gestures of solidarity can articulate themselves in many forms. We appreciate it all, and want to send our warmest regards to those that have always and continue to show support and solidarity with the accused.

Defend the Asheville 11!

Defend The Asheville Eleven!

A link to an article with more details is below.

http://www.citizen-times.com/article/20110428/NEWS/304280036/Evidence-audit-may-take-months?odyssey=tab|topnews|text|Frontpage

Thank you all for your continued support.

The Defense Crew

The State Bureau of Investigation has sealed, and is investigating, the APD property room due to 397 missing tablets of Oxycodone. On Friday, April 1, an Assistant District Attorney and the defense attorney for Terry Landrum, who was facing drug trafficking and firearms charges from 2009, went to examine the evidence. They found two empty pill containers that the APD claims once held $20,000 worth of Oxycodone. Once this came to light most of the charges against Landrum, who was facing a mandatory minimum sentence of almost 19 years in prison if convicted, were dropped. He was sentenced to probation.

Records obtained by local news sources reveal that the APD’s longtime evidence manager, Lee Smith, was placed under investigative suspension before his resignation earlier this year. Smith had been placed under investigative suspension on January 25^th and resigned on February 18th, after 21 years with the department. District Attorney Ron Moore has claimed that due to Smith’s resignation he asked for a full audit of drugs, guns and money in late February.

What the APD actually conducted was a “random 10% audit” that returned results with “some areas of concern”. The DA continues to claim that he was not made aware of the nature of this audit, or it’s results. The APD Police Chief Bill Hogan claims that a random 10% audit is standard and within the guidelines for a proper investigation.

There are roughly 2,200 cases on hold, and about 13,000 pieces of evidence inside the sealed evidence room. An unknown amount of past cases have been jeopardized due to the APD tampering or falsifying evidence. This investigation comes on the coat tales of a statewide investigation into the SBI crime lab, where it was found that technicians were withholding important blood evidence from defense attorney’s in numerous cases.

Recently, several defense attorneys have requested audits of their clients’ evidence. Including some of the attorneys representing members of the 5 defendants scheduled for trial on Monday. Their lawyers have filed a “motion to exclude physical evidence” based on the APD being unable to produce pieces of evidence it allegedly has against the defendants. The investigation into this matter could delay their trial by months.

All of this comes after another major development with two people in this case. On Sunday the 13^th of March the APD arrested 6 individuals who were on a hike for misdemeanor trespass. 2 of these individuals were defendants from the May arrests. Normally this level of misdemeanor is treated as a ticket and people are cited, released and required to appear in court. In this situation all 6 were arrested, charged, booked and released within the day.

When the District Attorney’s office became aware of the arrest, they called a bail hearing to ask that the mayday defendant’s bail be doubled. One defendant was arrested at this hearing and the other who was out of town at the time returned to Asheville and turned himself in soon after. Both of their bails were doubled to $130,000, and since $65,000 had already been posted by a bondsmen only the remaining $65,000 was needed.

After conversations with lawyers, friends, other defendants and those in jail their support decided they were going to bail them out. At the time trial was looming only a few weeks away and those closest to the defendants knew that enduring such with only a jail cell to return to at night would be devastating. It took over a week and about $10,000 to get both of them out again.

Thank you to everyone across the country that has helped support the Asheville arrestees since the beginning, and thank you to those who have recently heard about the case and wanted to lend a dollar or a hand. The waiting that is to come over the next few months will be emotionally brutal for friends, family and defendants alike. The arrestees will need your continued support, care and donations. The defense fund has been drained and the support crew is hoping to put some back over the next little while. If you would like to contribute please visit the donations page of the support site.

This May 1^st will mark a full year since the disruption of these peoples lives. It has been an up and down battle to stay afloat amidst so many challenges. These newest upset comes with a variety of their own hurdles, but the wait will be eased with the knowledge that there are those around the country and in Asheville willing to show such care for the arrestees.

Thank you again for your continued support.

AVL11 Support Crew

The outcome of that day was a yet another trial date. April 11, 2011, almost a full year since their arrest, is set as trial for the eleven people arrested on May 1, 2010. It is unlikely that all eleven will go to trial that day, but at this point it seems that some will. This will be a huge trial for the region, and those wishing to attend are encouraged and welcomed. Keep in mind that this will be a chaotic time for those facing these charges and those closest to them. This should not discourage anyone from making the trip here, it is just something to keep in mind for a community lacking resources in the wake of such repression.

With that said, we hope to see you all there. And thank you for your continued support!

The AVL11 Support Crew

It was snowing little flurries and ice was already on the ground as people were told to line up outside of the courthouse. Once everyone was able to find their seats the superior court calendar was called. Beside the cold weather settling in Asheville, it seems that this is all beginning to feel uncomfortably familiar for those being forced to attend.

This morning, the 6th of December, was a plea hearing for which each of the defendants were to give a ‘not-guilty’ or ‘guilty’ plea. The main outcome of this morning though was that all eleven defendants now have a new trial date of January 24th. This date seems more likely rather than the last date of the 17th but it is still not confirmed. As of now it is unclear as to how many lawyers and defendants will be able to go to trial that soon. It is best to assume that this could be a definitive trial date. Any changes to that date will be updated on this site.

The District Attorney’s office has still to decide how they are going to try everyone; individually, one big group, a few smaller groups. In Buncombe county it is up to the discretion of the DA who is to go to trial with who. Defendants are able to appeal if they are not pleased by what was decided or who has been joined with one another. So, this could be a trial date for some depending on how lawyers are deciding to handle their defense.

This is all the legal updates we have currently so let’s move to more pertinent devlopments. The defendants looked fabulous as usual! This time though, they really rounded their styles out well. It was just right for this appearance. It must be said that each of their outfits had.. a certain avidity to them. We should all expect to be wowed more and more in the coming months as they will only dress more fabulously.

Thank you all for your support! Please continue to defend the Asheville Eleven!

Please print these out and post them around your town!
Thank you all again and again for your support!

From Anarchist News: “…holding banners that stated “Police Are the Absolute Enemy” and “We Still Love the Asheville 11!”. The small crowd, fed up with an abundance of pigs, yuppies, and Obama fans, made the busy Pack Square echo with irregular drumbeats, foghorns, and chants that taunted nearby pigs. “

From Mountain Xpress: “The protest ended in Pritchard Park, where one man (who, like many of the others, refused to be identified), thanked the protesters for coming out “and showing how much they support the defendants — all defendants — and everyone targeted by the police state, and to show how much they support the right of everyone to share this world, for it not to be privatized and cut up.” He warned them “to be careful, we have very powerful enemies, and a few people who are willing to be bought off by those enemies and turned against us.”

Newschannel 13 TV Report

Thanks again to all those showing their continued support for the 11. There will be another Superior Court Date on Dec 6th. Our understanding is that at this court date the defendants will be required to place a “guilty” or “not-guilty” plea. We will post all relevant updates on this blog as we get them.

From infoshop.org:

“Eleven people arrested in Asheville, NC on May 1 still face outrageous felony conspiracy and rioting charges simply for being in a neighborhood in which some windows were broken. Although support for the defendants has been growing steadily, the District Attorney is stubbornly clinging to this opportunity to defame and demonize anarchists. It is increasingly clear that the outcome of the case hinges on the attention and support the 11 receive.

…

December 1 is coming up now, and it’s time once again to show that these 11 hostages of the state have not been forgotten. Defending them is a way to protect everyone who may be targeted for this kind of repression–the more attention they receive, the less emboldened the authorities will be to bring inflated charges against others.

On December 1 in Asheville, a march will take place against the criminalization of youth and the policing of downtown. Meet at the Vance Memorial in Pack Square at 5 pm to march to the jail; a spirited rally will follow. Everyone is welcome to participate!

If you don’t live in Asheville and cannot attend the march, please use this opportunity to put up posters bringing attention to the arrestees’ plight, or to write a letter to the Asheville Citizen-Times demanding that the charges be dropped, or to take other steps to spread awareness of the case and show support for the defendants. Once again, if you learn of a solidarity action worth reporting, please make a statement about it on the internet so others can see how many people care about the outcome of this case.“

Read the full story here: Infoshop.org