WINTER 2010Mario Cavallini
Mickleton MMWITNESSING BEFORE THE COURTHOUSE
photo by Phil AnthonyOne morning in 2007, Richard Joseph, a long-time attender of Mickleton Monthly Meeting, confronted intruders at his home. Exactly what took place is a matter of dispute and contention, but it led to Rich's arrest and imprisonment, and a torturous confrontation with the criminal justice system.
Rich has been brought before Superior Court of Cumberland County three times. After two dismissals, a jury found Rich guilty in the third hearing of fourth degree aggravated assault and second degree use of a weapon for an unlawful purpose. “New Jersey law does not criminalize Mr. Joseph’s conduct,” according to Rich’s attorney, William Buckman. During the multiple trials Rich’s civil rights and due process have been ignored. His home was entered without a warrant; after arrest, Rich was repeatedly denied access to his attorney; and video tapes from the patrol car and pictures of the fence and “no trespassing” sign were lost sometime between the arrest and the court proceedings. These images were evidence that would have supported Rich’s case.
Following the jury verdict in September, Rich's case came back to the judge for sentencing on October 29th. Rich and his attorney turned to his friends for support, asking for letters to the judge to provide character reference. Rich's friends live in the two communities that he bridges: South Jersey Quakers and the Nanticoke Lenni Lenape. These communities, Rich's people, provided those letters, and they provided more.
Until this point, support from Mickleton Friends has been quiet and gradual, as the case slowly crept forward, one legal step at a time. Then, after the hearing, when a clear action was called for, Friends responded clearly and actively. We wrote letters, and we talked to others. As word spread, other Friends became involved. PYM Indian Committee wrote a minute in support of Rich. PYM Clerk Thomas Swain became concerned and actively involved, inspiring us to pursue a more public witness: a prayer vigil at the Cumberland County Courthouse on the day of sentencing. And Salem Quarter Steering Committee rose to the occasion, taking the vigil and Rich's plight under its care.
VIGILING
photo by Phil AnthonyAnd so, on October 29th, for five hours prior to the sentencing hearing at 2:00 pm, Quakers and Lenni-Lenape gathered for prayer and public witness, appealing for justice and mercy on behalf of Richard Joseph. It would be marvelous to say that Rich's troubles were washed away. They were not; despite a motion by the defense attorney, the jury verdict was not overturned. However, the case will proceed. The conviction will be appealed. And the efforts of Rich's people did have effect on the sentencing.
Because the charges against Rich involve a handgun, a New Jersey law called the Graves Act comes into play, which imposes intentionally harsh terms, including minimum mandatory sentences. Rich was sentenced to five years in prison for one offense and 18 months for the other. The judge determined that these would run concurrently, and he set eligibility for parole in three years. This is the minimum possible sentence, and the judge singled out two mitigating factors that led him to this judgment: the fact that Rich has an otherwise clean criminal record (no prior convictions, no other incidents), and the quantity and quality of the letters of support from Rich's communities, both Quaker and Indian.
Our efforts also had an effect on us. The experience of participating in the prayer vigil before the hearing was significant in its own right. For the first hour or so, starting at 9:00 am, there were three of us in the shadow of the courthouse, standing and shivering, but also bearing witness with our prayerful presence and our placards. Since we were facing a busy downtown street at a traffic light, many motorists and a few pedestrians took note of us and read our signs. And a goodly portion of those who looked were supportive in expression or gesture.
And as the morning warmed into the afternoon, so did our situation. Quakers and Lenni-Lenape came in by twos and threes, eventually growing to a group of 16 on the street corner, not to mention the many others who could not get off work or had other responsibilities but were keeping us in their thoughts and prayers. And thanks to the efforts of several Friends and Indians, we got word out to numerous news outlets, several of which responded with reporters and photographers. Talking with the press and in the process sharing with each other, we had a moment of shared purpose—one more way that Rich has brought his two peoples together.
Some might feel dispirited that we did not achieve a miracle and see Rich exonerated and freed that day. However, we did see the love of our communities reflected in the mercy of the court, and we felt the union of common cause in truth and common concern for one of our own. That, too, shows the hand of God.
And as the legal appeal proceeds, our work will continue.
TALKING WITH THE PRESS
photo by Phil AnthonyFor more information, three newspapers have posted their accounts online:
- Atlantic City Press: Hopewell Township man gets 5 years on gun charge stemming from "debt collection" incident
- The News of Cumberland County: Protesters picket sentence in Cumberland County
- Cumberland County Daily Journal: Groups protest before local man is sentenced on firearm charge
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Friday, November 19, 2010 at 03:45 AM
