June 2004

Views expressed are those of the authors, not necessarily of the AFSC.

Activist Charged With Felonies for Nonviolently Protesting Torture

Compiled from firsthand reports by Justin McIntosh and others on www.bostonindymedia.org and reporting from the Boston Phoenix.

A group of five people gathered at the Tremont Street Armed Forces Career Center (AFCC) in Boston on May 26, 2004 to nonviolently protest against the torture of Iraqi prisoners under US military control.

Joe Previtera in costume protesting torture in front of Boston's central military recruiting station, May 26, 2004. Photo: Justin McIntosh, www.bostonindymedia.org

One of the protesters, Joe Previtera, a student at Boston College, donned a black hood, a loose-fitting black shawl, and sandals, and held two black cords in his hands. Joe stood on top of a plastic milk crate in a dramatic recreation of the US torture of an Iraqi prisoner, who was reportedly told that he would be electrocuted if he didn't cooperate, photographed at Abu Ghraib prison.

Several law enforcement officials (Park Rangers, State Police, and MBTA Police) passed by the event. None of these people took any note of the event as being offensive or terribly disturbing. None of the law enforcement officials talked to or questioned any of the individuals involved in the action.

A Boston Police cruiser arrived in front of the Military Career Center. Some short time later another cruiser arrived and then a third. For at least twenty minutes, perhaps more, the officers who arrived in the cruisers said nothing. They did not question or ask individuals to move along. They seemed to assume a posture of 'wait and see.' That was all dispelled when a ranking Boston police officer (lieutenant?) arrived. He entered the AFCC with at least two, possibly more, Boston Police officers. After a brief time inside (approximately 10 minutes) they exited the building and along with other Boston Police officers started to clear the sidewalk of onlookers who had gathered to watch the action and response. They started taping off the area with yellow "police line" tape. When this started CW, another protester, approached Joe Previtera (who could not see due to the black hood over his head). CW asked Previtera if he wanted to leave the area, CW further suggested that it might be a good idea at the time considering the attitude of the police. Previtera stepped down from the milk crate and removed the shawl and the hood. As he started to walk away, two Boston Police hurried over to prevent him from leaving and separated him from his fellow activists.

Previtera was not handcuffed. He was questioned at length. Sometime during this a black Boston Police van arrived. Someone of the onlookers mentioned that this was the "Bomb Squad". No one from the "Bomb Squad" immediately inspected Joe Previtera. At one point one of the black clad "Bomb Squad" officers casually looked at the shawl Previtera had been wearing and then picked up one of the cords and turned it in his hands for two or three seconds before tossing it to the ground. Previtera was arrested and driven away.

Previtera was charged with disturbing the peace for his silent protest, and with two felonies: "false report of location of explosives," and a "hoax device."

Nearly a week later, Previtera told the Boston Phoenix, "We found that street theater can be more effective in conveying a message than a flyer…. We picked the location because we wanted to make people think about what they might be called or forced to do if they enlist in the military."

Officer Michael McCarthy, a Boston Police Department spokesman, told the Boston Phoenix, "Mr. Previtera should know better. He's a young adult educated at Boston College from a wealthy suburb. I'm sure he knows wires attached to his fingers, running to a milk crate, would arouse suspicion outside a military recruiters' office [when he's] dressed in prisoner's garb. If he has any questions as to why people think he may've had a bomb, then he needs to maybe go back to Boston College to brush up on his public policy. Or at least common sense, but they can't really teach that there."

In response to these charges, and to send a message to the Boston Police Department to brush up on the First Amendment, a group called "Baghdad to Boston" staged a protest at the same military recruiting station on June 5, 2004.

Street theater outside Boston's Tremont Street military recruiting starion, June 5th, 2004. Photo: www.bostonindymedia.org

A woman dressed as the statue of liberty was blindfolded with the US flag. Another activist wore the infamous black shawl and hood from Abu Ghraib. A third person had on the orange jumpsuit of Guantánamo Bay, including heavy-duty earphones for sensory deprivation. The fourth was dressed in a dark suit and Rumsfeld mask - a nasty job, but someone had to do it.

At 11:15, "Rumsfeld" led the other three in chains from Park Street Station to 141 Tremont Street, where the recruiters typically convince 17 year olds that the military is their best hope for advancement. Upon arriving at the location, it was clear the police are still "members" of activist listservs, as three cars and the same number of officers were already waiting. This time, however, they didn't even approach us, much less try to arrest anyone.

Local support was fantastic. About 15 people were marching and chanting in front of the center when the four arrived. Another 15 or so were on the block and across the street for support.

The "Abu Ghraib prisoner" and the blinded "statue of liberty" got up on milk crates, the "Guantánamo prisoner" kneeled on the ground with his head down, and "Rumsfeld" stood, holding the chains, calling out to everyone who passed: "I take full responsibility," and "I'm doing a superb job!"

A reporter and cameraperson from Channel 56 were present for around 45 minutes, filming and interviewing a couple of people. That footage became even-handed coverage on their 10:00 broadcast.

The scene caused people walking on Boston Common and driving down Tremont Street to stop, take pictures, or come over and get a flyer. A six-year-old girl, seeing the chains, asked "Rumsfeld," "Is this slavery?"

At 1:00 p.m., we were ready to go. We decided to take a loop around the visitor information center (where the Freedom Trail starts in Boston Common) and then head back up to Park Street. "Rumsfeld" again led the other three in chains across the street (group members spotted for the two people whose costumes meant they couldn't see) but on reaching the Common, a Park Ranger asked the group if they had a permit.

"Rummy" told the ranger they would simply be walking through, but the ranger insisted that a permit was required. Mustering all the authority vested in the Secretary of War, "Rumsfeld" informed the ranger that they did NOT need a permit to walk, and the group proceeded forward. The ranger was overheard requesting guidance on his radio, at which point he was admonished, "you shouldn't make stuff up."

The demonstration was a success on two fronts. One, it drew attention to the ongoing abuse and torture at US military prisons from Iraq to Guantánamo to Afghanistan For example, please see the front page Wall Street Journal coverage at www.commondreams.org/headlines04/0607-01.htm.

Two, the demonstration sent a clear message to the Boston Police Department that arresting someone for expressing an idea will provoke a larger response. In addition to a larger, more forceful protest, Joe's arrest also led to articles in two Boston newspapers and Indymedia postings around the country.

It appeared that picketing while the street theater tableau was unfolding at the second demonstration might have distracted from the theater's dramatic power, so future activists might want to calibrate our stagecraft.

Though details as of press time are not yet available, as a result of the uproar caused by the arrest, the blatantly unconstitutional nature of the charges, and strong legal advocacy, all charges have been dropped against Joe Previtera.

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