Catholic Priest, Other Protesters, Sentenced in Santa Fe
There was little peace, love and understanding as a federal judge castigated a nationally known activist and Roman Catholic priest for an Iraq war protest that blocked a Santa Fe elevator in 2006.
“I’m not interested in making a martyr out of you,” U.S. District Judge Don Svet said Thursday in Albuquerque before sentencing the Rev. John Dear to 40 hours of community service and $510 in fines and fees, to be paid immediately.
Dear was the last of the group known as the Elevator Nine to be sentenced.
Six of the nine eventually went to trial on federal charges after they occupied the elevator of Sen. Pete Domenici’s Santa Fe office for more than five hours. Two others took plea deals, and one was a minor whose charges were dropped.
All six were found guilty in September. The other five have been sentenced.
Dear’s attorney, Penni Adrian, had asked the court for mercy, saying Dear had a “lifelong commitment to peace and human decency.” His action that day was “but a legal misstep,” she said.
Adrian also said she received word Wednesday that Dear had been nominated for the Nobel Peace Prize and the Gandhi Peace Award.
But Dear asked for no mercy, using his time before the court to condemn the Iraq war.
“This war is unjust, morally sinful and just downright impractical,” he said.
Dear added that he had contemplated the words of Mohandas Gandhi, who Dear said advocated to reject a court’s sanctions if the cause was just.
“I want to take my case to a higher court, to a higher judge —————- the God of peace,” Dear said before uttering a prayer.
But Svet would have none of it, calling Dear a “renegade priest,” “a coward” and “no Gandhi.”
“Mr. Dear, you frankly are a phony,” Svet said. “You preach nonviolence but you are the same man who took a hammer and a can of paint against a U.S. aircraft.”
Those in the crowded courtroom, filled mostly with members of Dear’s Pax Christi peace group, gasped and shook their heads at the judge’s comments.
Five of Dear’s co-defendants were sentenced in October to suspended prison time, fines and community service.
All five are appealing their sentences, Adrian said.
Dear, who received the highest fine and most hours of community service, will not appeal, Adrian said.
“He has other things to do,” she said.
The Elevator Nine had been found guilty of failure to comply with official signs and directions, a petty misdemeanor, for remaining in the elevator of the Joseph M. Montoya Federal Building in Santa Fe on Sept. 26, 2006, after being denied access en masse to Domenici’s third-floor office. They had wanted to present him with a “Declaration of Peace” to end the war.
Svet ruled earlier that while it was their right to seek redress from their lawmaker, they could not break the law while doing so, and they had by “unreasonably” obstructing the elevator.
The nine took turns reciting the names while they waited in the elevator, which remained open at the lobby level after the power to it was shut off.
Protesters Jan Lustig and Bruno Keller accepted Alford pleas and were ordered to pay $25 in court processing fees.
An Alford plea asserts innocence but acknowledges that sufficient evidence exists for a conviction. It is still seen as a guilty plea under the law.
Charges against protester Jordan McKittrick, then 15, were dropped because he is a minor.
Other defendants were Philip Balcombe, Sansi Coonan, Michella Marusa, Martin “Bud” Ryan and Eleanore Vouselas.
© 2008 Albuquerque Tribune








Svet should be unseated. He had no right or reason to make such a slanderous statement. This is an atrocity of justice.
Here’s Svets contact numbers….
United States District Court
421 Gold S.W., 2nd Floor
Albuquerque New Mexico 87102
Chambers’ Phone: (505) 348-2340
Chambers’ Fax: (505) 348-2344
Chambers’ Email: SvetChambers@nmcourt.fed.us
And where were the 10000 outraged citizens, outside the court room protesting the convictions? Same place they were in 1998, 1988, 1978, and 1968 - at home contemplating every possible meaning of the phrase - silent as the grave.
“Mr. Dear, you frankly are a phony,” Svet said. “You preach nonviolence but you are the same man who took a hammer and a can of paint against a U.S. aircraft.”
The judge clearly has a sense of humor. They’ll be laughing at that one down at the country club for years. No offesne…but I wouldn’t send the judge any hate mail. It will just make him laugh even harder.
Federal judges do what they are paid to do: protect the interests of the state and its benefactors. There is no such thing as ‘justice’ at this level. And I hate to agree with dboylon, but you’re probably right - he enjoys his job punishing the perceived enemies of the state.
http://badamerican.wordpress.com/
I disagree with Judge Svet, he’s the phony, not the priest; pretending to be an impartial judge when in fact he seems to be strongly biased in favor of the war. He’s also a intellectual weakling; no one with a decent brain would confuse taking a hammer and paint brush to an airplane with an act of violence, at least not in this context. The accusation of violence against property, as opposed to humans, looms largest in the disfigured thoughts of Republicans.
I could barely read this article. You know, this comes from Damn Domenici, who, thank God, is not running again for office. At the end of the day, he and Don Svet will take care of each other — and the nuclear money-making machine in New Mexico until something drastically changes. Look at the ramifications of Svet allowing John Dear to get off scott free — it would be acknowledging that nuclear weapons, nuclear energy, nuclear in any form, is the direction in which the overall public wants to go, or pay tax dollars for. Obviously, this extends to Iraq and creating peace. Not that Domenici ever listened to his constituents about this issue, or any issue, for that matter. (Although he listens to those who want to keep the labs in this state pumping out nuclear weapons.) So Svet did Domenici’s bidding, and yes, they will get together and laugh about this, and how clever they were for getting rid of this pesty priest. But, God willing, John Dear will be back.
I wish there were more clergy like the Rev. Dear, because they could use the pulpit to influence people, and to help them distinguish between right and wrong. As Johnny36 points out, the comparison drawn by Judge Svet, between minor damage of property and the murder of hundreds of thousands of people, just serves to remind us of the warped minds of the people wjo lead us.
Just add Svet’s name to ever growing list of those who should be arrested and charged with crime against humanity.
At the top of the list are Dumbya and his chief puppeteer,
Dick Cheney.
Quickly , who was the Roman magistrate that sentenced the Apostle Paul to death or who were the Crown Counsels that prosecuted Mohandas Ghandi or more recently who sentenced Nelson Mandela to his prison term ? You sir are a bit of fluff on a page of history and will be forgotten just like anonymous Roman , British and South African magistrates . Dear will join the —-Disturbers Hall of Fame along with Wilberforce , Parks , Nightingale , Peter , Jesus Christ … who for their progressive thinking were called , I believe the exact term was “phoney”
Ron White , also a nobody
That was a little letter I sent Svet Chambers.
JUDGE SVET
I really understand your predicament as you faced people who have a reputation for striving for peace. You performed admirably in using the same words that Adolf Hitler used as he chastised the poor defenseless Priests, Nuns, Ministers who dared to challenge his onslaught against humanity.
Perhaps you may be redeemed by having an opportunity to convict one of those veterans of the Iraq war who works for Peace some day. I’ll write Senator Pete to see if he can get you a position at Guantanamo.
James Radcliffe, Ruidoso, NM
I just sent the “good” judge an email and reminded him that history looks backwards to form its enlightened views. I reminded him that Ebineezer Scrooge was utterly convinced of his own sound business ethic until tweaked by the voice of higher authority/spirit; and I wished the judge a gentle version of an inevitable spiritual wake-up call citing it was not mere coincidence that John Dear stood before him.
A boatload of gratitude, John.
Jerry, Betsy, Mary, Steve, Louie and so manh more!
Blessings,
Mary Lou
Judge Svet got at least one thing right - Fr. John Dear is a renegade priest, and thank God for that! Thank God for the gallant band of other renegades, who throughout history have witnessed truth to power down the years. From St Alban (after whom my church is named) in Verulamium (Now St Albans) England 304AD, to Franz Jägerstätter in Germany in 1943 - and down to today.
…And if, my dear Judge Svet, Fr. John Dear is a coward as you say he is, he surely wouldn’t have landed in court.
John Dear is a REAL Christian; a true disciple/follower of JC
And do you dear reader know that the term ‘Christian’ was not even coined until the days of Paul, about 3 decades after Jesus walked the earth a man?
Jesus was NEVER A CHRISTIAN, but he was a social justice, radical revolutionary Palestinian devout Jewish road warrior who rose up and challenged the job security of the Temple authorities by teaching the people they did NOT need to pay the priests for ritual baths or sacrificing livestock to be OK with God; for God already LOVED them just as they were:
Sinners, poor, diseased, outcasts, widows, orphans, refugees and prisoners all living under Roman Military Occupation.
What got Jesus crucified was disturbing the status quo of the Roman Occupying Forces of his time, by teaching the subversive concept that Caesar only had power because God allowed it and that God preferred the humble sinner, the poor, diseased, outcasts, widows, orphans, refugees and prisoners all living under Roman Occupation above the elite and arrogant!
The early followers and lovers of Jesus were called members of THE WAY-being THE WAY he taught one should be; Nonviolent, a Peacemaker and one who did the will of the Father .
“What does God require? He has told you o’man! Be just, be merciful, and walk humbly with your Lord.” -Micah 6:8
Jesus remained NONVIOLENT and forgiving even while being mocked, whipped and nailed to a cross and he promised that it is the Peacemakers who are the children of God, not the peace-talkers, and NOT those that bomb, torture, starve or occupy any other.
2,000 years ago The Cross had NO symbolic religious meaning.
When Jesus said: “Pick up your cross and follow me,”
He was issuing a POLITICAL statement, for the main roads in Jerusalem were lined with crucified agitators, rebels, dissidents and any others who disturbed the status quo of the Roman Occupying Forces.
Rev. MLK SAID and John Dear is a PRIMO Example of what MLK was talking about:
“I submit that an individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.”
“I am convinced that love is the most durable power in the world. It is not an expression of impractical idealism, but of practical realism. Far from being the pious injunction of a Utopian dreamer, love is an absolute necessity for the survival of our civilization.”
“To return hate for hate does nothing but intensify the existence of evil in the universe. Someone must have sense enough and religion enough to cut off the chain of hate and evil, and this can only be done through love.”
“The hope of a secure and livable world lies with disciplined nonconformists who are dedicated to justice, peace and brotherhood. The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy.”
Matilda Joslyn Gage said:
“We must not forget that this country owes its birth to disobedience to law.”
God Bless John Dear and GODSPEED on WAKING UP USA Christians to the real deal and that is the most DEAREST of JOHN’s
Father John Dear!!!
WAWA:
http://www.wearewideawake.org
eileen fleming:
To me, you posting is a a rightful rebuke to all the “clueless faithful”. Your thoughts are where the Christian churches should be in the 21st Century.
Tragically, Christianity in America is as divided as America itself.
Where can we send money to help Father Dear with the unjust fine?
Svet is the kind of judge who probably would have convicted Jesus for upsetting the money-changers’ tables in the temple. The shame is all Svet’s, not Fr. Dear’s, and he will have to live with it.
I suspect that Po nus Pilot thought Christ was some sort of renegade priest as well.
If Community Service is the sentence, then John Dear should have plenty in the bank. He’s already served the beloved community beyond measure. A coward? … more like one of the most courageous men on the planet! Tell me where to send a contribution to help pay the fine.
I would be willing to certify that protesting the Iraq war IS community service.
I am all teary eyed.
“Nonviolent, a Peacemaker and one who did the will of the Father.”-Eileen
Thank you eileen for putting in words the loving Jesus I have come to know. A great deal of people can’t understand how it is possible that I love Jesus yet not be a Christian, you just summed it up quite eloquently.
I couldn’t agree more with all of you, there needs to be more Fr. John Dears in the world.
Jesus didn’t just pray, he took action!
“Mr. Christ!! you are a phony you preach non-violence and then knock over money changer stands”
“Mr. Dear, you frankly are a phony,” Svet said. “You preach nonviolence but you are the same man who took a hammer and a can of paint against a U.S. aircraft.”
Svet ruled earlier that while it was their right to seek redress from their lawmaker, they could not break the law while doing so, and they had by “unreasonably” obstructing the elevator.
The judiciary is playing a supportive role in the corporate take-over and assault on the Constitution, the rule of law, and the will of the people. There is no excuse for a judge mistaking the painting of “property” as violence. You can submerge the aircraft in a reservoir of paint and it still would be non-violence. Violence is one million dead Iraqis - what the priest is protesting. The judge should be hauled to a people’s court for oath violation and be banned from the bench.
And that’s another crappy ruling about “unreasonably” obstructing the elevator. It was perfectly reasonable. The US government is wildly out of control and should be completely suspended until purged of the capitalist pathogens. Just take a look at the legislation over the past seven years - every last bit of it is counter-productive. A progressive government will wipe it all off the books - and this is no exaggeration. Maintain the progressive vision, people. We need the alter-government ready to take over when the corporatocracy collapses.
The majority of the world, claim to worship a loving god. If in fact they practiced what they preach, why is it that wars and genocide continue? Revolt? outgage? protest? NO! Nothing but weak silence. That tells me more than enough about what you followers really think, and what you are made of. It borders on pathetic hypocrisy.
As was said in an earlier post
“AndyUK January 26th, 2008 3:29 pm
I wish there were more clergy like the Rev. Dear, because they could use the pulpit to influence people, and to help them distinguish between right and wrong. As Johnny36 points out, the comparison drawn by Judge Svet, between minor damage of property and the murder of hundreds of thousands of people, just serves to remind us of the warped minds of the people wjo lead us.”
I would agree that all of us individually have this right. Since we all individually have this right if an individual man or cleric has the right to lead people to help decide between right and wrong.
This being the case the US needs to overturn the law enacted by Pres. Johnson that put churches and non-profits under an IRS gag rule. Oh sure many on this board would not like the Orthodox Rabbi’s and Christians speaking out and rallying their congregation against the practices and beliefs of abortion but they would/should likewise have the right to rally and teach those against the claim of glory and justice of war.
Can they not also teach in accord with their scriptures about being stewards of creation and thus expose the folly of oil and coal. (and it economic enslavement and injustice as well).
While I agree John Dear is a hippocrit it isn’t because of his stance on the war. Truth is he looks to see if a camera and journalist are nearby before he does or says anything. but those individual failings do not negate his right to teach those in his congregation as to why protesting against the war is right.
If we don’t have this we are in a state of paid special interests. There would then be nothing to counteract against the unchecked power of the state.
At least the Priest was doing something useful like protesting the Iraq War!!! He wasn’t in front of a abortion clinic terrorizing women and imposing his dark ages belief’s on them!
This judge is just another Neocon boob doing the bidding of the GOP. He should be removed from the bench.
Anyone can be removed through the impeachment process. All that’s required is a petition statement and a petition.
On Dec. 13, 1999, U.S. Magistrate Don Svet ruled that releasing Wen Ho Lee on bail would pose a “clear and present danger to the national security of the United States.” Wen Ho Lee was the former Los Alamos scientist falsely charged by the U.S. Government with passing information to China. If you want to read more about this miscarriage of “justice”, see:http://www.thenation.com/doc/20001023/scheer. Magistrate Svet is obviously still at it.
svetchambers@nmcourt.fed.us
In cae anyone wants to say hello
LuckyLefty:
Re-check your history to find out what hundreds of thousands in the US and millions around the world were doing in ‘68.
We were in the streets and rising up and fighting back.
Thanks.
Many thanks to ’sung425′ for providing the contact info for Judge Svet (Proposed slogan for his Federal circuit: “Looking for Justice? No Svet!”). Refreshing to be able to respond to an issue, rather than just chat amongst fellow members of the choir!
This is my letter to Hizzoner da Judge:
The Honorable Judge Donald Svet
United States District Court
421 Gold S.W., 2nd Floor
Albuquerque New Mexico 87102
January 27, 2008
Dear Judge Svet,
I am moved to write you today in response to the remarks you are reported to have made to defendant Fr. John Dear in his sentencing hearing this past Thursday. Your unjustified verbal attacks on the integrity of Fr. Dear are a far more gratuitous form of violence than anything Fr. Dear has ever done in his years of truly courageous work to counter the organized and unprecedented violence which our government, in particular the military, has visited on the people of Iraq.
Shame on you! Please explain just how your actions and your toxic attitude contribute to the increase of goodness, kindness and justice in the world.
Judging by your remarks as quoted in the Albuquerque Tribune (1/26/08), you seem to have an extremely cramped, narrow and reductive concept of justice. How dare you call this man a coward! He has had the courage to put his life at risk on peace missions to Iraq, attempting to mitigate the truly horrendous violence our government was and is perpetrating on innocent and defenseless Iraqis. Symbolic minor damage to an aircraft whose primary purpose is to kill and injure people at a distance from which it is impossible to know if one is bombing civilian or military, friend or foe, adult or child may be illegal, but it is not immoral. And it is not violent in any sensible use of the term. By so describing such protest action, you do violence to the principles of civil disobedience and to the language of moral discourse.
So I suggest you confine your use of terms such as ‘phony’, ‘coward’ and ‘renegade’ to persons such as yourself, and consider an apology to Fr. Dear, who is 10 times the authentic, courageous and honorable man than you have shown yourself to be. But beyond this case and this defendant, I urge you to consider what you personally can do to stop the killing, maiming and terrorizing of innocent human beings being perpetrated in our name across the globe. To shirk this responsibility as a member of the human family is to do violence to your soul.
Respectfully yours,
If you haven’t read it yet, Fr. Dear’s written statement to the judge, posted on Common Dreams last Tuesday, is a terrific statement of the principles of creative non-violence as it applies to the troubles of this new century.
Fr. John Dear’s statement to the court: http://www.commondreams.org/archive/2008/01/22/6526/
He will never see any of the emails. Thats how these assholes operate. His minions will isolate him, and delete all his hate mail.
tumbleweed:
The dark age beliefs are those that support or tolerate abortion…oh right…actually its before that…whether its to the god of Pat or to Moloch (as in Jewish scripture recounting the pagan ways) or that of the human sacrifices of the Mayans…or the modern versions of today child sacrifice of the born and unborn has been on this earth.
If John Dear were a priest worth his salt (does he even own a set of clerics) than he would oppose the slaughter in Iraq as well as that of innocents at an obortuaary. If we condemn the nazi’s for thier untermensch beliefs that authorized themselve the slaughter of innocents that shouldn’t we do the same here? Shouldn’t we condemn the favorite medical trade of ex-nazi doctors (uh hm…abortionist)?
greendesign wonderful letter!
In my opinion where it will get even greater recognition is in the news paper/s or as many news papers as you can get it in.
letters@pressdemocrat.com Press Democrat
letters@record-bee.com
letters@washpost.com Washington Post
Check out the address for Albuquerque Tribune
Those are the areas your magnificent letter will do the most good.
The dark age beliefs, are those that ignore the death of 20 thousand innocent children every day, from starvation and preventable diseases, and instead, concentrate their efforts on not allowing a woman to have control over her own body, and make her own personal decisions.
Also, all 240 million christians in the u.s., that sit quietly by, while their government commits genocide in an illegal war, on over 1,000,000 innocent Iraqi men, women, and children.
When i see millions of christians take to the streets in outrage and protest, over their governments war mongering, then maybe i’ll believe you actually practice what you preach.
Of course, that would put a damper on armageddon, and the rapture.
Anyone remember, thou shalt not kill?
The stench of hypocrisy, is overwhelming.