Luke O'Donovan Self-Defense Immunity Update

Hi everyone,
Luke’s self-defense immunity hearing was held last Tuesday, July 1st. Unfortunately, the judge denied Luke immunity, so Luke’s case will continue to trial.

A self-defense immunity hearing is an opportunity for the judge to decide that a defendant was acting in self-defense, and therefore that he or she can’t have charges brought against them. In the hearing, both the defense and the prosecution make their cases, and the judge (without a jury) makes a ruling. The burden of proof in these hearings is on the defense, unlike in a trial where the burden of proof is on the prosecution.

If Luke had been granted immunity, the charges would have been dropped and there would be no trial. However, the fact that he wasn’t granted immunity isn’t the end of the world. At trial, arguments for self-defense can still be made. Now, the case will move on as a “normal” case might, and go in front of a jury.

In court, the prosecution made a series of ludicrous claims in order to prop up their case. They made a point of asking every witness whether or not the term “faggot” was offensive, or just a synonym for other “non-offensive” terms like “pussies or bitches,” and later used the word “nigger” as another example of a “non-offensive” term. The prosecuting attorney accused Luke, with no evidence or witnesses of any kind, of having stabbed a homeless person. To try to justify the attempted murder charge, the prosecution also claimed that Luke had held workshops on knife skills and “kill zones.” These things are completely outrageous and false.

During cross-examination by the defense, Officer Jones of the Atlanta Police Department, the lead investigator of the incident, testified that she had failed to ask anyone any questions whatsoever about the stab wounds inflicted on Luke. Furthermore, her report referred to Luke as merely “cut,” rather than “stabbed,” which was the term she applied to every other wounded individual. When questioned, she was unable to explain why – she simply stated that that was what she had written down.

The prosecution’s witnesses admitted to being intoxicated on that New Year’s Eve, and were unable to recall the testimonies they had given to the police directly after the incident. Their conflicting stories about who was there and when, the sequence of the fight, who was involved in the fight, and where they went that night further reduced their credibility. One witness, while under oath, claimed both to have punched no one and to have punched Luke. All of the prosecution’s witnesses had been stabbed in the incident, save one – who was the sister of one of the stabbed. The defense’s witnesses were all third party, save Luke and Luke’s ex-partner.

The beginning of trial is currently scheduled for August 11th, but we have reason to believe that the start date will be pushed back to October 2014. This will be the “real deal,” so if you are capable and willing to come to court to support Luke, please do. We will post an update with the date and time of the trial as soon as we have that information.

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Comments

Love you! Fuck 'em! Solidarity!

Keep your chin up. Your best days are ahead of you even if you must go through darkness for a while. Heart of a lion.

Stabbing people is detrimental to our cause. When you stab someone you are turning off any potential interest they might have in a truly anarchist society. Besides, only a primitivist would use something has as basic as a knife for a weapon.

I know you're just trolling but please stop. Not everything is for taking a piss at. Been attacked for being too sissy or faggy or just for confusing people?... it sucks, its painful and sometimes being queer is shit because too many of your friends end up dead. Whatever happened, glad you're still here Luke. Love to you and all support krew.

Please don't fake post from me. Aren't your tactics already dishonest enough without having to stoop to that?

please stand up.

What they posted sounds exactly like something you would say.

Be more critical before running your mouth leftist Steve.

It may sound to you like something I would say but that is neither here nor there. I didn't say it and I wouldn't have said it as I don't know the details of this particular case.

Go fuck your self you sorry leftist and FUCK your cause if it means queers can't defend themselves against a bashing so as to make you fucking leftists "look good" to some imaginary masses.

Love you Luke!

>Besides, only a primitivist would use something has as basic as a knife for a weapon.

I LOL'd

Yo, support krew: can y'all make available a transcript of this hearing? It might be available for some small amount of $$$ from the courts. Or if not a transcript then the audio might make for some incendiary material for one of the @ audio projects.

Also, what's been going on with the gay media in ATL? I saw a few stories about the night in question in early January 2013 and nothing since. Are they going to get on this tip again or what?

love and rage for Luke, from berlin

luke luke luke
btown loves you
come to your own benefit again sometime

yeah, please

<3 <3 <3

Love you Luke

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