\r\nOn Aug 4, 2003 Sherman Austin was sentenced to a year in federal prison by judge Steven V. \r\nWilson for a link he had on his web site (Raisethefist.com) to another page that contained \r\ninformation on explosive materials which he did not author. Austin was also sentenced to 3 \r\nyears of strict probation in which he cannot have access to a computer or knowingly \r\nassociate with any individuals or organizations who espouse violence for political or social \r\nchange.. This of course to be determined by the government when and wherever they choose. \r\nAside from this Austin continues to face harassment from local and federal law enforcement \r\nagencies including the FBI who for the past 11 months have denied the return of Austin's \r\nproperty which was seized from his home on the Jan 24 2002 raid by 25 well-armed FBI and \r\nSecret Service agents from the joint-terror task force. We speak with Austin about the \r\nlatest developments in his case..\r\n<\/p>
\r\n\r\n- Where does your case stand now?<\/b>\r\n<\/p>
\r\nSince my release we have been trying to get the computers back which were taken in the \r\n\r\n2002 \r\nraid. Only a few months before I was released the FBI agreed to return the computers. My mom \r\nand my brother went to pick them up with the assistance of legal council. When they arrived \r\nspecial agent John I. Pi [head FBI agent on the case] made sure all of the hard drives were \r\nremoved before giving them back. When confronted about this he said that all the data was \r\nbeing destroyed. We decided to hire a private lawyer to pursue this more aggressively. Since \r\nthen the FBI has given us absolutely nothing but the runaround. Lies would accurate \r\nactually. When we requested that the data be returned a second time the FBI said the DA had \r\nit and was reviewing it for the possible state charges. \r\n<\/i><\/p>
\r\n[6 months before Austin's release the FBI refered his case to the DA's office in downtown \r\n\r\nLos Angeles in attempt to prosecute him on a state level for the same charges they brought \r\n\r\nagainst him on a federal level.]\r\n<\/p>
\r\nSo my lawyer contacted the DA's office and they said they never received any physical data. \r\nThey never have any hard drives. In fact all they had were hard copy print-outs handed to \r\nthem by the FBI. So my lawyer consulted with the US Attorney, Ron Castro Silva and asked \r\nthat the items be returned immediately because there was no reason for them to remain in the \r\npossession of the FBI. The FBI then grouped all of the hard drives together as \"contraband\" \r\nas an excuse not to return them.. of course ignoring the fact that several of the hard \r\n\r\ndrives had absolutely nothing on them except music I had worked on. This nonsense with the \r\n\r\nFBI and US Attorney went back and forth, and continued to drag on. Every time we made a \r\n\r\nrequest they \r\npurposely waited months to respond hoping that we would forget about the hard \r\n\r\ndrives seized from the raid which by the way proved that they fabricated evidence in \r\n\r\nnumerous documents and lied to the court to successfully lock me up stick me with a felony \r\n\r\nconviction. We asked that the FBI make a list of which items were contraband and which were \r\n\r\nnot. We waited and waited but received no response. Months later we finally heard back from \r\n\r\nthe US Attorney who said SA John I. Pi hadn't been in the office recently because his father \r\n\r\nwas apparently in the hospital and died. This was after 6 months of waiting. It took 6 \r\n\r\nmonths for them to wait for some event to come up as an excuse to buy time. My lawyer filed \r\n\r\na complaint against John I. Pi with the head chief at the Department of Justice. They \r\n\r\nresponded and said that if John Pi did not respond within 2 weeks there would be \r\n\r\ndisciplinary actions. We waited almost another 2 months until the FBI finally got back and \r\n\r\nsaid they hadn't finished analyzing all the data and there was one last piece of data they \r\n\r\nhad to analyze before submitting their analysis report. We waited. \r\n<\/p>
\r\nFinally after waiting 11 months we received an analysis report which was nothing but a \r\n\r\nduplicate of the listed items seized but categorizing all the hard drives as \"contraband\". \r\n\r\nThe date on the report read March 2005. We received it 2 months later in May. They gave us \r\n\r\nthe runaround for 11 months and I doubt they did it just for kicks. They did it because they \r\n\r\nwere nervous about the fact that we persisted in having the hard drives returned. So they \r\n\r\nhad to buy time. If you ask me they destroyed the hard drives along time ago when John I. Pi \r\n\r\ninitially said they did which was 6 months before I was even released from custody. This \r\n\r\nmeans they destroyed evidence prematurely. I think that's one of the main reasons they \r\n\r\ncouldn't get the DA to charge me on a state level. They screwed up. If you ask me this \r\n\r\nmessiness of not covering up lies to well has been consistent with John I. Pi's and the rest \r\n\r\nof the FBI's investigation. It's even in the 1500 pages of FBI discovery.. Where on one \r\n\r\ndocument it says that I admitted to authoring the web page with bomb making information on \r\n\r\nit known as \"The Reclaim Guide\" when in fact I had nothing to do with authoring, creating or \r\n\r\nimplementing this site in any way. On another page in the discovery which they apparently \r\n\r\nforgot to black out it says Special Agent John I. Pi and another FBI agent paid a visit to \r\n\r\nthe individual who actually did author the Reclaim Guide and all the explosives information \r\n\r\nand he even admitted to doing so. None of this was mentioned in court. None of this was \r\n\r\nmentioned to the judge. When it was mentioned to the US attorney Ron Castro Silva he said \r\n\r\nthat I authored The Reclaim Guide. He lied. Where was he getting his information? Where else \r\n\r\nthan from Special Agent John I. Pi. In cahoots with the head US attorney [his supervisor], \r\n\r\nthe FBI, and John Ashcroft. All working together. \r\n<\/p>
\r\nThey didn't charge the individual who actually authored The Reclaim Guide with the \r\n\r\nexplosives information on it and distributed it, as he stated, so the information could be \r\n\r\nused for an upcoming protest against the IMF. Instead they charged me with \"Distribution of \r\n\r\ninformation related to explosives or weapons of mass destruction with the intent that it be \r\n\r\nused in a federal crime of violence\". This is why they do not want to return the hard \r\n\r\ndrives. It proves their guilt, it proves their cover-up, it proves their fabrication, it \r\n\r\nproves the injustice. At this point I'm trying to have a motion filed before the court for \r\n\r\nthe return of the hard drives but I don't know what likely-hood of that will be since my \r\n\r\nlegal funds have been pretty much depleted.\r\n<\/p>
\r\n\r\n- Have the stipulations of your probation or the nature of your felony conviction \r\n\r\ncaused any problems since your release?<\/b>\r\n\r\n<\/p>
\r\nWell yes that really goes for any convicted felon getting out of prison and entering back \r\ninto society. Especially if you're young and black or any person of color in america you've \r\nalready got it hard as it is. You think it's hard enough trying to make ends meat in this \r\nworld just wait until they slap you with that felony. They lock you up for a while and throw \r\nyou back out to society with little or no foundation. What are you gunna do? Why do you \r\nthink so many people go right back to hustling or whatever got them in locked up in the \r\nfirst place. I went through 5 jobs in 2 months. I was literally hired and fired once in the \r\n\r\nsame day because of my felony. Before this case I worked as a free-lance web developer and I \r\n\r\nhad been doing that since I was 14. That was the only job I had to support myself. That was \r\n\r\ntaken away as part of stipulations of my probation. Why? I wasn't convicted for any kind of \r\nhacking, I didn't damage anything. It's because they're so afraid of having me near a \r\ncomputer because they saw what happened when I used one. They saw what happened with Raise \r\n\r\nthe Fist and perhaps that did do some damage. People's voices were heard. It became a matter \r\n\r\nof national security. The computer restrictions had less to do with actually using a \r\n\r\ncomputer and more to do with making sure I remained silent. This was a political matter. \r\n\r\nIt's always a political matter, that's how the injustice system works. 75% of the prison \r\n\r\npopulation is black, they lock you up and strip you from society, they set you in traps fit \r\n\r\nfor poverty to keep you in the never-ending system of incarceration. People are railroaded \r\n\r\nby this system every day. I've seen kids railroaded into 14 years because they don't have \r\n\r\nenough money for a private attorney. I think this case is a reflection of the problems we \r\n\r\nall face.\r\n\r\n<\/i><\/p>
\r\n- Have you faced any harassment from law enforcement because of your case since you've been \r\n\r\nout?<\/b>\r\n<\/p>
\r\nThe typical harassment from law enforcement and the FBI continues. Not long ago I tried to \r\nspeak at a college about my case at a peaceful Food Not Bombs benefit event and the FBI made \r\nsome phone calls. Before I got there the campus police asked the organizers where I was on \r\nthe freeway, how far away I was, and who I was coming with. They beefed up security at the \r\nschool and had several squad cars one of which was unmarked circling the premises the entire \r\nnight. Just recently I was detained for \"terrorist ties\" in Burbank after some cop pulled me \r\nover because he thought I had drugs on me. He learned I was on probation for distribution of \r\ninformation related to explosives or weapons of mass destruction after he ran my name on the \r\ncomputer which showed him \"terrorist ties\". Two more units showed up before he searched my \r\npockets and wallet as well as my car asking if I had any explosives on me. \r\n<\/i>\r\n<\/p>
\r\n- Are there any plans for an appeal in court? Do you think the anti-war movement is \r\n\r\nplaying a significant role in stopping situations like yours from happening in the future?\r\n<\/b>\r\n<\/p>
\r\n\r\n\r\nOnce you sign a plea you cannot appeal it. I was threatened with 20 years in prison under an \r\nadditional terrorist enhancement if I didn't take a plea, and I didn't have the financial \r\nresources to acquire the appropriate legal council for trial. I was railroaded. I could \r\nchallenge the constitutionality of the law since nobody else has been convicted under the \r\nsame statue. It's clearly a violation of the first amendment. I think regardless of any \r\nappeal in court there will still be political repression, they'll keep locking people up on \r\ntrumped up charges, prisons will continue to overflow, our communities will continue to be \r\noccupied by police forces, U.S imperialism will still exist. The only true appeal to \r\ninjustice is revolution. We have to respond in the means that are required to address. I \r\nthink the anti-war movement would be more successful in acquiring this notion. For instance \r\nthe workers movement in Argentina says 'resist, occupy, produce , stop asking and start \r\ntaking.' That's exactly what we have to do right here at home. <\/i>\r\n\r\n<\/p>
\r\n\r\n\r\nFor more information on Sherman Austin's case visit \r\n\r\n<\/p>
\r\n\r\nhttp:\/\/www.counterpunch.org\/merlin08162003.html\r\n
http:\/\/www.infoshop.org\/shermanaustin.html\r\n
http:\/\/www.notinourname.net\/restrictions\/sherman-austin.htm\r\n
http:\/\/rwor.org\/a\/v23\/1140-1147\/1142\/raisethefist.htm\r\n
http:\/\/www.eff.org\/br\/20030807_eff_pr.php\r\n
http:\/\/news.com.com\/2008-1082_3-5062481.html?tag=fd_lede2_hed\r\n
http:\/\/www.raisethefist.com\r\n
http:\/\/www.freesherman.org\r\n<\/p>\n","contact":"","link":"","address":"","phone":"","parent_id":0,"mime_type":"image\/gif","summary":"Raise the Fist case far from over\r\n
\r\nInterview with Sherman Austin , founder of Raise the Fist , former webmaster of \r\nRaisethefist.com","numcomment":53,"fileurl":"\/uploads\/2005\/07\/smallraid.gif","filesize":"17.0 kibibytes","article_url":"\/news\/2005\/07\/132174.php","image":{"original":"\/uploads\/2005\/07\/smallraid.gif"}},"attachments":[],"comments":[{"id":132181,"heading":"Just a note","article":"the computers and HD's are old and obsolete by todays standards..\r\n\r\nIt would be cheaper to replace them since they are only worth 1\/8'th thier original value assuming they were brand new 3 years ago\r\n\r\nMost of mine are throwaways - it's only the data that's valuable..\r\n\r\nI have as much of your data as I could obtain saved in my archive (had a spider mirror your website)\r\n\r\n","author":"Hex","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-12 11:37:42","modified":"2005-07-12 11:37:42","fileurl":""},{"id":132227,"heading":"Other Data","article":"Perhaps they are looking for other data that demonstrates that the FBI lied. (I mean more than they did in the public testimony.)\r\n\r\nThe larger question is -- if it was destroyed, then why? If the drives were destroyed, is Austin entitled to a copy of the data? (Which, I bet, they have.)\r\n\r\n","author":"johnk","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-13 00:07:18","modified":"2005-07-13 00:07:18","fileurl":""},{"id":132353,"heading":"Hard disk drives","article":"It's possible that the fascist regime has not enough technical people who are capable of reviewing hard disk drives -- or people smart enough and technical enough to erase evidence of the fascist regime's crimes.\r\n","author":"Fredric L. Rice","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-13 20:38:03","modified":"2005-07-13 20:38:03","fileurl":""},{"id":132363,"heading":"Ho Hum","article":"Yawns.\r\n\r\nWhat is it with you witless and humorless leftist creeps.\r\n\r\nCan't even one of you post an insult with even a hint of wit?\r\n\r\n","author":"fresca","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-13 20:59:36","modified":"2005-07-13 20:59:36","fileurl":""},{"id":132378,"heading":"Missy","article":"Fresca, I think you spend too much time on the IMC board. You've already posted 29 times today! Are you trying to win an award? How about interacting with a human being or two?\r\n\r\nYou might want to find a friend or two and drag yourself away from this false sense of reality that you've created for yourself. \r\n\r\nThe majority of your posts deal in personal attacks and that leads me to believe that you suffer from some kind of inferiority issues. \r\n\r\nYou can attack, attack, attack all day here but it doesn't change the fact that it seems like you hate yourself. \r\n\r\n","author":"Chop Chop","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-13 21:45:16","modified":"2005-07-13 21:45:16","fileurl":""},{"id":132415,"heading":"once they got their paws on it","article":"all bets are off\r\n\r\nthe data could no longer be trusted anyway - besides they would erase anything they didn't like or thought was a threat in any way\r\n\r\nI would only re-use the H\/D's after low-level formatting them and even then it's questionable (some areas of the platters are not accessable no matter what you do and data like trojans\/virii can be hidden there)\r\n\r\nnormal virii can hide in normally inaccessable areas by making direct calls to the disk controller hardware as a software function..\r\n\r\nfor having physical access to the platters like they do anything's possible..\r\nat the very least I would only sell them - I certainly wouldn't use them myself\r\n\r\nand the data due to the risk of being tainted, wouldn't be much use either unless (as you did) MD5's or better were employed and only varified blocks imported into a structured database\r\n\r\n\r\nit would be far less trouble to use new ones and restore from archive\/backup\r\n\r\nsometimes the effort exceeds the reward, mirrors\/archives represent very little effort - the idea behind collecting evidence is that the data is unaltered on the platters.. if so the same data is already available in archival form\r\n\r\nnothing the FBI touches would be trustworthy anyway..\r\n\r\n","author":"Hex","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-14 05:26:07","modified":"2005-07-14 05:26:07","fileurl":""},{"id":132433,"heading":"Los Angeles Government, Destroy It or Move, Support Revolutionaries","article":"The Secret Service is commanded in reality by the National Treasury Employees Union. The SS also forced me to sign a plea for legal gun ownership, after the government had injected me with chemicals, forced medical procedures upon me, incarceration and abuse by federal police.\r\n\r\nMy prayer is that if I am ever made to step on federal property again that a nuclear device go off in at least 18 cities in the USA so the nation will become many nations. \r\n\r\nWe do not need the regime. They do not need us. We need a global war effort against those who abuse us. \r\n\r\nBest bet is to move out of LA and out of America.\r\n\r\nMore power to the world wide revolutionaries. Beware when entering government buildings as they have weapons and tools you do not know of. \r\n\r\nWe lost this nation, so G-d damn America. Let it fall.\r\n\r\nhttp:\/\/www.angelfire.com\/zine2\/democracyordeath\/index.html","author":"Kurt Brown, SainTramBone","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-14 13:17:55","modified":"2005-07-14 13:17:55","fileurl":""},{"id":132436,"heading":""a nuclear device go off in at least 18 cities" ?!?","article":"dude do you have any idea how many people that would kill ?\r\n\r\npeople you've never even met - that have done nothing to you\r\n\r\n\r\nget real and get a grip\r\n\r\n","author":"Fresca's Genitals","parent_id":132174,"mime_type":"text\/plain","created":"2005-07-14 13:27:01","modified":"2005-07-14 13:27:01","fileurl":""},{"id":135733,"heading":"18 Cities eh?","article":"If that many nucs went off there wouldn't be a damn thing left of the US, and a good majority of the rest of the world would be screwed because of radiation","author":"D Lucks","parent_id":132174,"mime_type":"text\/plain","created":"2005-09-25 01:53:11","modified":"2005-09-25 01:53:11","fileurl":""},{"id":136483,"heading":"Sending Love From The Underground","article":"We support you sherman. \r\nGive em' Hell! \r\n\r\nWe'll win this nation Back! \r\n\r\n-(E)ric! \r\n","author":"(E)ric!","parent_id":132174,"mime_type":"text\/plain","created":"2005-10-02 14:39:56","modified":"2005-10-02 14:39:56","fileurl":""},{"id":143876,"heading":"Viva La Revolucion","article":"I've been trying following the brother sherman's situation since I started reading about it last year on che-lives.com. Right now I'm over seas....I really can't catch the news like how I want to but, has this case been brought to nationwide news yet? My heart goes out to the brother Sherman, I support you 100% commrad","author":"Skecth Poems","parent_id":132174,"mime_type":"text\/plain","created":"2006-01-10 12:22:13","modified":"2006-01-10 12:22:13","fileurl":""},{"id":143933,"heading":"What?!?","article":""has this case been brought to nationwide news yet?"\r\n\r\nAre you serious?\r\n\r\nOf course not! No one gives a fuck about some silly middle class kid and his anarchy club. He got popped. He went to jail. They took his toys. He's forgotten.\r\n\r\n","author":"fresca","parent_id":132174,"mime_type":"text\/plain","created":"2006-01-11 02:04:21","modified":"2006-01-11 02:04:21","fileurl":""},{"id":145337,"heading":"what?","article":"middle class? anarchy club? sounds like you need to do more research fresca","author":"what?","parent_id":132174,"mime_type":"text\/plain","created":"2006-01-25 00:14:49","modified":"2006-01-25 00:14:49","fileurl":""},{"id":145355,"heading":"Yeah, but why him...","article":"... and not the other thousand guys who had pretty much the same information on their own websites?","author":"---","parent_id":132174,"mime_type":"text\/plain","created":"2006-01-25 05:10:29","modified":"2006-01-25 05:10:29","fileurl":""},{"id":148277,"heading":"X-evolution","article":"May The Force, Courage & Wisdom Be with You All..","author":"Ben borges","parent_id":132174,"mime_type":"text\/plain","created":"2006-02-25 17:33:57","modified":"2006-02-25 17:33:57","fileurl":""},{"id":148716,"heading":"Ms.","article":"Listen, I figured this out a long time ago. Bin laden the supposed "enemy" is out loose and doing whatever he wants, but the FBI and CIA have nothing better to do than pick on people who want to have a dissenting voice. Sure they arrest Cindy Sheehan and any one else who doesn't agree with them cause the people they really hate that can't get ahold of and they need someone. I would contact any media organization that would listen to a opposing opinion. Keep putting out the word--they can't stop us all. Though they will try.\r\n","author":"Wilson","parent_id":132174,"mime_type":"text\/plain","created":"2006-03-02 17:09:12","modified":"2006-03-02 17:09:12","fileurl":""},{"id":202917,"heading":"Nonya","article":"This is all i got to say!\r\n\r\nRON PAUL for President #2008\r\n\r\nOh for those that dont know check out Ed & Elaine Brown, google it and youtube it!\r\n\r\nGOD BLESS","author":"Nonya","parent_id":132174,"mime_type":"text\/plain","created":"2007-07-09 01:41:01","modified":"2007-07-09 01:41:01","fileurl":""},{"id":203145,"heading":"Ron Paul?","article":"Who exactly is Sherman Austin? This is an on topic question and it's polite. Seriously, what is his socio-economic background? This is an important question. Does the fact I believe too many middle and upper middle class people control most "activist" movements bother the probably middle class and upper middle class people who control indymedia sites? Why are there soo few white,asian,hispanic and black working people of working class or lower middle class background involved in these sites? How did a guy from a privilaged upbringing in Sherman Oaks become a so-called radical anarchist\/activist? How is this trolling or being rude? It's more on-point than posting about Ron Paul.","author":"flacotheone","parent_id":132174,"mime_type":"text\/plain","created":"2007-07-16 23:12:50","modified":"2007-07-16 23:12:50","fileurl":""},{"id":203160,"heading":"1234","article":"I think its really sad that we let our system do this to our people.I just wonder when are we the people gonna get fed up and take action.","author":"1234","parent_id":132174,"mime_type":"text\/plain","created":"2007-07-17 17:56:24","modified":"2007-07-17 17:56:24","fileurl":""},{"id":233686,"heading":"ghd black mk4","article":"Ghd uk<\/a> - buy the cheapest ghd black mk4<\/a> in the UK.Use Compare ghd to find the biggest savings on ghd mk4,ghd flat Irons,ghd iv styelers<\/a> and ghd Hair Straighteners.Cheap ghd straighteners uk found here!","author":"moon01","parent_id":132174,"mime_type":"text\/html","created":"2010-01-05 06:39:33","modified":"2010-01-05 06:39:33","fileurl":""},{"id":233687,"heading":"ghd black mk4","article":"Ghd uk<\/a> - buy the cheapest ghd black mk4<\/a> in the UK.Use Compare ghd to find the biggest savings on ghd mk4,ghd flat Irons,ghd iv styelers<\/a> and ghd Hair Straighteners.Cheap ghd straighteners uk found here!","author":"moon01","parent_id":132174,"mime_type":"text\/html","created":"2010-01-05 06:39:52","modified":"2010-01-05 06:39:52","fileurl":""},{"id":233688,"heading":"MiuMiu Handbags on sale","article":"Save up to 75% with handbags on sale<\/strong><\/a> at bagmalls.com.Fashion handbags shop offering a great selection of stylish discount handbags including Jimmy Choo Handbags<\/a> Discount,Miumiu Handbags Sale<\/strong><\/a>,Dior Handbags Wholesale,and stylish discount handbags.you can purchase online!","author":"moon01","parent_id":132174,"mime_type":"text\/html","created":"2010-01-05 08:00:43","modified":"2010-01-05 08:00:43","fileurl":""},{"id":233689,"heading":"ugg bailey button","article":"We supply Cheap UGG Boots<\/a>,Special InUGG Knightsbridge<\/a><\/strong>,Cardy UGG Boots<\/strong><\/a>,UGG Bailey Button Boots<\/strong><\/a>,Free Shipping!","author":"moon01","parent_id":132174,"mime_type":"text\/html","created":"2010-01-05 08:04:00","modified":"2010-01-05 08:04:00","fileurl":""},{"id":233690,"heading":"ugg bailey button","article":"We supply Cheap UGG Boots<\/a>,Special InUGG Knightsbridge<\/a><\/strong>,Cardy UGG Boots<\/strong><\/a>,UGG Bailey Button Boots<\/strong><\/a>,Free Shipping!","author":"moon01","parent_id":132174,"mime_type":"text\/html","created":"2010-01-05 08:05:38","modified":"2010-01-05 08:05:38","fileurl":""}]}