Saturday, October 29, 2005

PRESS RELEASE: Zendran trial update

Kismet at the “Kismet Trial”

On October 21, 2004 Peter Zendran, a half-Asian reformist Zoroastrian, filed a lawsuit against the Providence Police Department for violating Mr. Zendran’s rights by falsely arresting and harassing him, not allowing him to pray while in detention, stealing his personal property, and violating due process, in the United States District Court for the District of Rhode Island which set new landmarks and exposed realities of homeland security America. This lawsuit was a landmark in American judicial history and in Zoroastrian history, for never has a Zoroastrian filed a lawsuit for being denied the right to pray while in prison. On October 5, 2005 another important event took place in this trial. Summary judgment was granted by U.S. District Judge Lisi against Mr. Zendran without his ever being asked to appear in court. As a result of this Mr. Zendran filed an Appeal with the United States First Circuit Court of Appeals on October 28, 2005.
For those of you not familiar with the trial the facts are simple and shocking. On May 22, 2004, two days before Mr. Zendran was to appear at his first book signing and two days after the Providence Journal announced the book signing, of his book “Victimization of the Farsi, Arab, Turanian, and Central and Western Asian Peoples”, when Mr. Zendran was taking a walk in the park at Cathedral Square in Providence, RI around 9:10 at night two undercover cops posing as street people pulled out their guns and badges and threatened to shoot Mr. Zendran. Mr. Zendran refused to give them any personal information other than his name since during an arrest on February 19, 2003 on trumped up charges of defending himself on a bus his personal information was illegally. The two cops arrested Mr. Zendran and called for backup, charging him with obstruction of justice, disorderly conduct, and failure to move. During his detention, as well as the previous one, Mr. Zendran was not allowed to pray and was robbed by the cops of some of his personal items. Unlike his previous detention Mr. Zendran was kept in a cell that had not been cleaned in over a year and his phone call to a friend who is a Brown University Department head was blocked. On May 24, 2004 the Rhode Island District Court refused to try Mr. Zendran and when Mr. Zendran was brought before Providence Municipal Court Chief Justice Caprio that court was in shock at the treatment Mr. Zendran had received. So shocked that Judge Caprio offered to dismiss the charges, saying “even if you had committed this crime you have suffered more than enough”, if Mr. Zendran requested. Mr. Zendran refused and trial was set for June 16, 2004. When the arresting officers refused to show up at that trial Judge Graziano, instead of dismissing the case as the law allows in those circumstances, set trial for June 23, 2004 after Mr. Zendran refused any pleas. At his trial Mr. Zendran represented himself, caught the arresting officers lying, and Judge Graziano dismissed the case. However, Mr. Zendran continued to receive harassment from the Providence Police and on October 21, 2004 filed a lawsuit in United States District Court for the District of Rhode Island against the Providence Police Department.
The reason for summary judgment is a prime example of the rot in the Rhode Island legal system. Judge Lisi never called either Mr. Zendran or the PPD to appear in court and used nonsensical reasoning for granting summary judgment, including failure to name a proper defendant. Judge Lisi has furthermore used the letter of the law to bind the spirit of the law, ignoring that a witness tried to bribe their way out of testifying, that a U.S. Magistrate Judge ruled on a Motion that was not assigned to him which would have allowed discovery to be completed properly, that Mr. Zendran was not notified of a Magistrate Judge’s ruling on a Motion Mr. Zendran had filed until it was too late to appeal it. All this is being appealed.
Despite summary judgment against him Mr. Zendran has had some successes in filing his case. The two Brown University Police officers have lost their jobs with that force, and one Providence Police officer who violated Mr. Zendran’s rights committed suicide during discovery. Plus in the treatment he received Mr. Zendran has shown how civil rights are under attack in america, that what people saw happening in places like Iraq and nazi Germany are happening in america and little is being done about it. Furthermore in refusing to give in and standing up for himself, no lawyer would agree to represent Mr. Zendran, Mr. Zendran has shown others in RI and around the country that not only is the system rotten and corrupt but people can face down an oppressive system. So despite being the nominal winner in receiving summary judgment the PPD has now been undeniably exposed in it’s actions.
Also Mr. Zendran would like to thank those who have supported him. To Mike Novik and his Citizens Constitutional Command Center, Barry Smith, and other legal experts and those who oppose the criminal actions of the american government who I am omitting the names of for safety reasons, your assistance has been more than any lawyer has shown me. To the ACLU and Direct Action for Rights and Equality for legal assistance I thank as well. To Paul Becker and my friends at Providence Intown Churches Association who have been a source of moral support and publicity I thank, those who see how in the city Roger Williams founded in 1636 on the principle of religious freedom that principle forever violated, it is a shame that my fellow Zoroastrians have been so lazy and blind to this growing threat in america and violation of the justice of Dadvah Ahura Mazda. To Ali and Pedram up in Boston I thank to, I know you have troubles of your own so I understand your situation. And those who have given me publicity and bought copies of my book I thank as well.
However let us look at the real losers, many of whom are in the Iranian community in america. The Iranian American Bar association is one loser. Having sent them requests for assistance I never received a reply. I guess goli is too busy running her dating service to attend to her legal business and more such acts like this and she won’t have any clients to help find dates for. The Iranian Association of Boston is another loser. Despite their saying they will help Iranians in need they refused to respond to my messages for help from them. Considering there are no community support groups for Iranians in RI due to few ethnic Iranians in RI that Boston would show some compassion this action is shocking. Furthermore IAB has been more focused on making a profit in the real estate market, wasting time on events like shabehjomeh and planning parties that it has neglected the Iranian community by neglecting legal issues like this one and in doing so is doing nothing in the face of government attacks on Iranians. The media is another loser. Though I expect the mainstream propaganda media to ignore my case for fear of offending their “masters” the independent media has been equally cowardly. Many Iranian media groups have refused to cover this case and some have been as horrible as their mainstream media counterparts. In particular the kuspedar who runs the persianmirror media group had misrepresented not only myself and my case. Even while I was contributing to that publication the kuspedar in charge not only refused to help me in getting publicity for my case but, as with all other writers, used me to boost that publication and items it promotes for the personal enrichment of the owner while the writers like myself got nothing. Nothing but being misrepresented. With “friends” like that enemies are not necessary. Despite all that has happened this trial has shown the power of faith and that people can stand up. For more updates stay tuned or contact me through this site.