LSA senior Curtin faces rioting charges

Longtime student activist Jessica Curtin, an LSA senior, will face a preliminary trial later this month on charges of riot and malicious destruction of property, stemming from her activities during a Ku Klux Klan rally last May.

On Aug. 12, a court found there was probable cause for a trial on both charges. A pre-trial date has been set for Sept. 25.

Last May, a city sanctioned KKK rally was met with a violent demonstration, as about 300 protesters tore down fences and attacked Ann Arbor City Hall with rocks and bottles. The police used tear gas and pepper spray to restrain the counter-demonstrators. Curtin was among those demonstrating against the Klan.

The prosecution alleges Curtin "did, while acting in concert with five or more other persons, wrongfully engage in violent conduct and thereby intentionally or recklessly cause or create a serious risk of causing public terror or alarm," according to court documents.

The felony charge of riot carries a maximum penalty of 10 years in prison and a fine of up to $10,000.

Exactly what the charge means for Curtin as a University student is not yet clear, said University spokesperson Julie Peterson. While students are sometimes suspended for criminal activity, decisions are made on a case-by-case basis, Peterson said.

"We don't have any language in the (Code of Student Conduct) that says if you're charged with a crime or convicted of a charge, a certain result will occur," Peterson said. "We have to decide whether the student poses a threat to the community."

Curtin could not be reached for comment yesterday.

Curtin and her co-defendants are fighting the charges actively, claiming the city is acting in a concerted effort to punish the KKK protesters for their political views. Amanda Shoester, assistant prosecutor for Washtenaw County, said the city is not responsible for the charges.

"It's the state of Michigan that's proceeding against them, not the city of Ann Arbor," Shoester said.

If Curtin is convicted of the charge, chances are she would not face jail time, Shoester said, adding that courts rarely mete out the maximum penalty.

Curtin's defense team will try to argue that no riot was committed, said KKK protester Luke Massie, an organizer for the National Women's Rights Organizing Coalition. Massie, who is also facing a misdemeanor charge, said the police's own account of the protest reveal that no riot took place.

"It's patently ridiculous to call it a riot because of a few broken windows," Massie said, adding that according to the police there was less than $5,000 worth of damage and no serious injury. "The charges are part of a political witch hunt by the city."

09-08-98