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[b]DOVER MAN ARRESTED AT BUSH RALLY FINED $400 [/b]
Protester accused of disobeying police

Source: Camden Courier-Post
Pubdate: Friday, December 10, 2004
Author: RICHARD PEARSALL Courier-Post Staff EVESHAM

A protester who was arrested during a visit here by President Bush in October pleaded guilty to disobeying a police officer Thursday and was fined $400.

"You made things difficult for the Evesham Police," Judge Karen Caplan told Jim Miller before imposing the fine plus $33 in court costs.

Miller, of Dover Township, Ocean County, was arrested Oct. 18 as he pushed a wheelchair in protest of Bush while attendees of the event were leaving a parking lot.

The wheelchair contained a sign that read "George Bush Flip Flopped on Medical Marijuana," a reference to a cause championed by himself and his late wife, who died of multiple sclerosis last year.

Miller contends he was leaving the lot at the same time as Bush supporters in hopes of informing them of his cause when he was stopped by a police officer and ordered to move aside.

"I did refuse, but I'm not sure it was a lawful order," Miller said outside the courtroom while waiting for his case to be heard.

Miller, who was charged with disorderly conduct, contended he was only doing what other rally attendees were doing - leaving - and that stopping him actually impeded the flow of traffic.

After conferring with Municipal Prosecutor Nicholas Costa and two police officers, however, Miller said he agreed to plead guilty to a lesser charge.

"I did violate his command," Miller, a 52-year-old self-employed carpenter, said in response to a question from Caplan.

Caplan called protest "one of our most treasured rights" and said she believed Miller's "message was personal and sincere" but admonished that it must be done "in a time, manner and place that is allowed."

The local ordinance that Miller pleaded guilty to violating makes no mention of "disobeying" or "violating" a police officer's command.

Titled "Peace and Good Order," the ordinance does make it unlawful to "hinder or obstruct" any township employee "in the performance of his duties."

Miller said he made a deathbed promise to his wife to continue their quest
to promote the legalization of marijuana for medical purposes, principally to relieve pain, and that it was her wheelchair he was pushing.

Legislation to legalize medical marijuana in New Jersey could be introduced Monday, according to Assemblyman Michael Patrick Carroll, R-Morris Township, a sponsor of the bill.

Reach Richard Pearsall at (856) 486-2465 or rpearsall@courierpostonline.com