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News (Media Awareness Project) - US WI: More Ravers Than Expected Plead Not Guilty
Title:US WI: More Ravers Than Expected Plead Not Guilty
Published On:2002-12-08
Source:Milwaukee Journal Sentinel (WI)
Fetched On:2008-01-21 17:47:51
MORE RAVERS THAN EXPECTED PLEAD NOT GUILTY

Racine - Unless things begin to turn around on Monday, the city's plan to
settle 441 rave citation cases by cutting the fine is in trouble.

A storm of denunciation descended upon city officials after it was revealed
that police had issued $968 municipal tickets to young adults attending a
Nov. 2 rave, a party known for distinctive dance music and, oftentimes,
illegal drug use.

Even city officials who supported the crackdown said the fine was too high.

In response, the city attorney's office offered to reduce the fine to $100
for anyone who pleaded no contest to being an "inmate of a disorderly
house." But when the first wave of those ticketed made their initial
appearance in Municipal Court last week, only 19 of 206 took the deal.

If that trend continues on Monday and on Dec. 16, when the rest of those
cited will make their initial court appearances, the city could be facing
the costly prospect of hundreds of trials - or dismissing the citations en
masse.

Assistant City Attorney Scott Lewis said he won't know what will happen
until after the second round of court hearings that begin Dec. 18, when
people who pleaded not guilty appear for pretrial conferences.

At that time, Lewis said, he will be able to assess how strong the evidence
is and decide how to proceed.

With the sheer numbers involved, "I admit I'm placed in a very difficult
position here," Lewis said.

The plea bargain obviously offered a substantial fine reduction, but many
of those cited said last week that they refused the deal because they had
done nothing wrong. They pointed out that only three men were arrested on
drug charges, but everyone at the party received the municipal citation,
regardless of how long they had been at the party or other factors.

"Basically you're guilty by association and the Constitution says you can't
do that," said Racine attorney Erik Guenther, who is representing some of
those who were cited.

Even those who might have considered paying the $100 to be done with the
case decided against the plea bargain because the citation includes a
reference to controlled substances. Although a municipal citation is far
less serious than a criminal charge, no one wanted to have a drug-related
offense on their record, and many were girding for a fight.

"I think we'll win. Everybody I talked to is on our side," said Laura
Maurer, 21, of Waukesha, who plans to enter her not-guilty plea Monday.

"I feel if everybody pleads not guilty, it will get thrown out," added Kurt
Bohman, 27, who performed as "DJ Simple" at the rave and drove six hours
from his Minneapolis home to plead not guilty last week. "It will clog up
the court system. It already has."

Court officials had expected no more than 100 people would plead not guilty
last week and were unable to immediately schedule a pretrial conference for
about half of them. The hallway outside the court clerk's office was filled
with those pleading not guilty, many sporting multiple body piercings and a
few who brought their toddlers.

Ald. John Engel, chairman of the Common Council's Public Safety and
Buildings Committee, said he agreed with offering to reduce the fines, but
said it was important that police took a hard line at the rave party in
order to discourage future raves. He said such parties are known for
illegal drug use and illegal drugs were found at the Racine party, which
was held at the Tradewinds tavern.

"Are we turning into a rigid, hard-nosed community? I don't think so,"
Engel said.

Engel and other city officials acknowledged that one of the aims of the
crackdown was to discourage anyone from ever holding another rave in
Racine. It might have worked.

"I would never come down here again," said Joseph Johnson, 25, of Milwaukee.

Daniel Kushner, 23, of Chicago, who like Johnson pleaded not guilty last
week, said the popularity of raves had been on the decline, partly because
of the law enforcement crackdowns, which usually result in raves being shut
down and party-goers being sent home.

"The golden era of the scene has passed," he said. "They've worn us down
pretty well. There's no 'us' anymore."
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