On September 12, 2003, Josh Connole was arrested in West Covina, California, and booked on investigation of felony arson and vandalism for his alleged involvement in a fire that destroyed $3.5 million worth of vehicles at a Hummer dealership. His bail was set at $825,000, but just four days later Connole was released.
At that time, police said they were releasing Connole on technical grounds — that they couldn’t present the evidence against Connole to prosecutors in the 48 hours required by California law. West Covina police promised they would file charges against him at a later date.
Well, it’s is now a much later date — more than four months have gone by — and so far police have yet to make their case against Connole. (Perhaps an overhead projector they need to use to present evidence to the prosecutor is still broken?)
On October 1, 2003, Connole filed a notice that he intended to sue West Covina police and the federal government. His lawyer filed a complaint with the Department of Justice.
Connole is also attempting to unseal affidavit the FBI used to arrest him. U.S. District Court Judge Jeffrey W. Johnson is currently considering that request, and the FBI had until January 27 to submit written justification for keeping the affidavit sealed.
Connole also wants property that the FBI and West Covina police seized four months ago returned to him. According to the Los Angeles Times, police still have a computer, several computer disks, a cell phone, a belt, and several pair of paints they confiscated when they searched Connole’s home in conjunction with his arrest.
So far the actions by police and the FBI in this case resemble Keystone Kops. It is unbelievable that they would arrests Connole in such a public spectacle and then just a few days later discover their case was so weak they had to release Connole with vague promise to prosecute him later (and now they’ve even dropped that pretension, merely telling journalists that they have not ruled out Connole as a suspect).
The judge should unseal the affidavit, police and the FBI should be forced to return Connole’s party, and the FBI might want to consider that when it behaves like this it undermines public support for aggressive pursuit of animal rights and environmental terrorists. Locking up innocent third parties isn’t’ exactly likely to strike fear into the hearts of ALF/ELF activists.
Source:
SUV Vandalism Figure Takes Case to the People. Richard Fausset, Los Angeles Times, February 2, 2004.
Judge wants to know why arrest documents sealed. Will Matthew, Pasadena Star-News, January 15, 2004.
Activist Going to Court for Answers. Jia-Rui Chong and Greg Krikorian, Los Angeles Times, December 22, 2003.