[Freethe SF8] Update from SF8 hearing of Dec. 5

[SF-8 case]

In a brief court hearing today (December 5) for the San Francisco 8,
nothing was decided. Everything was carried over to the
next hearing on December 17.

The purpose of today's hearing was to schedule the start of the  
Preliminary Hearing to establish whether there is probable cause to  
bring the case to trial; Judge Philip Moscone had previously stated  
his intention to start that hearing in early January. However, the  
prosecutor, David Druliner of the California Attorney General's  
office, announced that his office was still preparing thousands more  
pages of discovery yet to be turned over to the defense, and suggested  
a mid-April start. He has already given the defense 150,000 pages.

Herman Bell and Jalil Muntaqim (aka Anthony Bottom) requested, through  
their lawyers Stuart Hanlon and Mark Goldrosen, that the judge impose  
a cut-off date for discovery and set the Preliminary Hearing date for  
January 5, 2009, as they are anxious to move the case forward and the  
continual delay by the prosecution is unreasonable by established  
legal standards.

Defense counsel raised the possibility of severing one or more of the  
defendants and proceeding to separate trials. When Judge Moscone asked  
whether severance would impact the case, Mr. Druliner responded that  
the case would then "fragment like a grenade through the court  
system," tying up his staff as well as court and jail staff. The judge  
acknowledged the logistical implications of severance, but noted that  
it might be necessary anyway. He also noted that if the case does  
proceed beyond the Preliminary Hearing, there would be an evidentiary  
hearing on the defense's motion to dismiss the charges. All of this  
before a possible actual trial.

Judge Moscone also noted that the financial crises of state and local  
governments are factors favoring an early Preliminary Hearing, since  
courtrooms and court resources will be in short supply and defense  
counsel may not be paid after a certain date. He asked the prosecution  
to see if a courtroom might be available in another building, which  
could only mean the Federal Courthouse, an intimidating dystopian  
fortress presenting numerous obstacles to the defense and supporters.

At last, the judge took all matters under advisement and scheduled the  
next hearing for 9:00 on December 17, adding that that hearing will be  
long. (Note that this start time is half an hour earlier than usual).

Next court appearance is Wednesday, December 17,
9:00 a.m. at 750 Bryant Street, San Francisco.

And don't forget the vigil at the Federal Building in Oakland Dec. 9,  
noon.
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