Friday, December 11, 2009

Judge gives props—and a fine to superhero protesters

Link to "The Other Paper, Columbus's News and Entertainment Weekly" article
By Steph Greegor
Published: Wednesday, December 9, 2009 7:32 PM EST
Steve McIntosh said the protest staged by Paul Fisher of Columbus and Donald Tenn of Sacramento, Calif., may indeed have been effective. But it was also illegal—and expensive.

A year ago, Fisher and Tenn—dressed as Spider-Man and Superman—climbed a 200-foot crane sitting at a construction site near Ohio Stadium and hung a massive “Stop the war on fatherhood” banner as 100,000 people streamed by on their way to Ohio State’s football game against Minnesota.

The dangerous duo recently pleaded guilty to criminal damaging in front of McIntosh, a Franklin County common pleas court judge.

The protest may have been “effective in educating people,” said McIntosh. But he quickly added, “Where I had a real problem was that the company they inconvenienced had absolutely nothing to do with their cause.”

As part of their plea agreement, Fisher and Tenn must pay the contractor who was renting the crane $5,500 in restitution—an amount equal to the crane’s rental fee, plus the cost to have the crane they climbed inspected. McIntosh suspended a 90-day jail sentence and placed both men on probation for one year.

The nonprofit organization both men are associated with, Fathers 4 Justice, began in 2004 as an advocacy group for better treatment of fathers within the family court system. It doesn’t, however, endorse illegal demonstrations such as the one performed by Tenn and Fisher, said Brian Holladay, Ohio’s state coordinator for Fathers 4 Justice.

“We can’t even say we approve or disapprove or we like or dislike it,” he said.”

Despite that, Holladay can’t deny that the incident created a buzz for his organization.

“It makes an impact. It’s definitely raising public awareness because it gets people excited—it gets them involved,” Holladay said.

The men said they were trying to do exactly that. But awareness doesn’t necessarily equate to change.
“You can protest and there are means of protesting—we have people in front of the courthouse regularly exercising their First Amendment rights—I don’t know there’s any particular way of doing it. Could they have accomplished the same thing by walking around with the banner instead? I don’t know.”
- Judge McIntosh

“The only people who could make changes would be the legislature or the judges who handle visitation issues,” said McIntosh. “You can protest and there are means of protesting—we have people in front of the courthouse regularly exercising their First Amendment rights—I don’t know there’s any particular way of doing it. Could they have accomplished the same thing by walking around with the banner instead? I don’t know.”

“In this country, many changes have come from protest,” said McIntosh. “But I think it’s rare a single protest causes change.”

(Note: this is a judge saying a single protest won't cause the change we seek. I don't interpret this as minimizing the protest, just stating the obvious. If you want this effort to count for something it must be the start of something bigger. -pf)

Fisher and Tenn both say they have suffered at the hands of a family court system that often favors the mother over the father when it comes to visitation rights. Tenn, president of the U.S. chapter of Fathers 4 Justice, said he hasn’t seen his 6-year-old daughter, Madison, since 2007, after his ex-wife filed a restraining order against him. Fisher has been fighting for more than his allotted four-days-a-month visitation time with his daughter, Demetra, 7.


Link to "The Other Paper, Columbus's News and Entertainment Weekly" article

Thursday, November 12, 2009

Fathers' rights protestors plead guilty to misdemeanor in OSU superhero incident

View the Columbus Dispatch Story

Thursday, November 12, 2009 12:19 PM
BY BRUCE CADWALLADER
THE COLUMBUS DISPATCH


Paul D. Fisher, left, dressed as Superman, and Donald Tenn dressed as Spider-Man during their protest.
TOM DODGE
DISPATCH


Two fathers who staged a protest at a Buckeyes football game last year to complain about the way dads are treated by family courts pleaded guilty this morning to criminal charges.

Dressed as superheros, Donald Tenn and Paul D. Fisher climbed a 200-foot crane at Lane and Neil Avenue last September to unfurl a banner for their cause. Fisher, of Columbus, dressed as Superman and Tenn, of Sacramento, Calif., dressed as Spider-Man.

They were charged with felony vandalism counts for the stunt, which lasted three days.

As jury selection continued today, prosecutors and defense attorneys reached a plea deal which would put the men on probation and pay the contractor $5,500 - restitution for the cost of renting a replacement crane and inspecting the old one.

Both pleaded guilty to misdemeanor charges of criminal damaging in Franklin County Common Pleas Court.

Judge Stephen L. McIntosh suspended a 90-day jail sentence and placed both men on probation for one year.

"Everything I do is for my daughter," said Tenn, 53. He said he has not seen his 6-year-old daughter, Madison, since 2007 because his ex-wife moved to a small town in Illinois and filed a restraining order against him.

Tenn is the president of the U.S. chapter of Fathers4Justice. He said his protests around the country are aimed to raise awareness to the plight of split couples who face separation from their children.

He came to Columbus to help Fisher, 32, who has objected to Ohio's system of deciding child visitation issues. Fisher has fought for more visitation with his daughter, Demetra, 7.

"I get four days a month with my daughter," Fisher said, choking back tears. "Donald and I did something about it."

McIntosh told the men that although their issue is honorable, they could have caused a panic and did cause financial harm to local contractors at an Ohio State University parking garage site.
Read more...
View the Columbus Dispatch Story

Plea

Paul said that the plea they accepted was to pay restitution and 90 days suspended jail time.

The updates on the blog were text messages from the courthouse so they can't see the comments until later.
Having lunch with the jurors, they all want to know more details.
court over on jail
court in session both taking a plea 2nd degree misdemeanor

Court has not started yet, prosecution has initiated another round of plea negotiations. Lead counsel for the state, Buckmon, injured himself last night and will no longer be on the case.

Wednesday, November 11, 2009

No court today, Wednesday, Nov, 11.

Jury was selected on Tuesday, actual trial will begin on Thursday at 9:00 AM at the Franklin County Courthouse in courtroom 6A, Judge Macintosh.

We are being charged with 4th Degree felony vandalism which could result in an year and half sentence in state prison.

To most people it is self evident that we have been mis-charged, but if the jury doesn't believe so, then...









Tuesday, November 10, 2009

From Linda: we have a jury.

From Linda: we have a jury.
12 jurors were just sworn in, but three alternates are now being chosen

In the past twenty minutes

In the past twenty minutes two jurors were dismissed and replaced
Linda

New juror chosen and being

New juror chosen and being questioned

From Linda: questioning continues as

From Linda: questioning continues as one juror let go and another replaced her

Juror questioningmay be over now

Juror questioningmay be over now - judge, lawyers, prosecutor left for short conference

Atty for Don Tenn now

Atty for Don Tenn now asking questions on difference between civil and criminal case: definitionof knowingly and reasonable

One juror went home sick.

One juror went home sick. He was replaced. Now atty is asking who has association with OSU. 3 said yes

Voire dire has restarted

Voire dire has restarted

The Ohio Supreme Court and

The Ohio Supreme Court and won his pro se appeal

Hi this is Linda, court

Hi this is Linda, court will begin shortly. The Columbus Dispatch newspaper is here to cover Don and Paul

On lunch major event occured

On lunch
major event occured just before break, was finally revealed that this was an f4j protest 4 people had heard of group

Breaking for lunch

Breaking for lunch