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By Trish Mehaffey
The Gazette
CEDAR RAPIDS - Christine Nelson and Alice McCabe were standing by many others in a section of Noelridge Park during a 2004 campaign rally by President Bush, but they were the only ones arrested, defense attorney David O'Brien said today in his opening statement at the two womens' federal civil trial.
Secret Service agent Bruce Macauley told Nelson and McCabe to move from the area where they were standing, and when the women questioned his orders, they were arrested, O'Brien said.
O'Brien said that evidence will show that Macauley violated the two womens' constitutional rights.
In their federal lawsuit, the two retired school teachers said they were handcuffed and strip-searched during the rally.
Megan Rose, attorney for Macauley, said in her opening that the evidence will show that Macauley was just doing his job. His actions were not politically motivated. His job was to keep the public and the president, no matter who that is at the time, safe at events like the rally, Rose said.
Macauley didn't treat McCabe and Nelson any different from anyone from the Republican party who attended the event, she said.
Joel Miller, Linn County auditor and chairman of the Linn County Democratic Party in 2004, testified seeing others standing in the area where McCabe and Nelson were told they couldn't stand, on the north side of the Noelridge swimming pool. Miller showed pictures of others standing in the area where McCabe and Miller were confronted by officers and told to move.
Miller said he never saw any officers approach anyone else.
Christine Nelson and Alice McCabe are suing Macauley and Michell Mais, a Linn County Sheriff's deputy, for violating their right to free speech, assembly and equal protection during the rally. The women, wearing John Kerry/John Edwards buttons and holding a "No More War" sign, were asked to move off a public sidewalk at the park. According to the lawsuit, they argued with a secret service agent and were then arrested for criminal trespass, but the charges were later dropped.
The suit also named two Iowa State Troopers in the claim but that part of the lawsuit was settled last week, O'Brien said.
The trial is expected to continue through the week. Source: http://www.gazetteonline.com/apps/pbcs.dll/article?AID=/20080527/NEWS/855473050/1006/news
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