COLUMBIA, S.C. - The trial for longtime
activist Brett Bursey was delayed Tuesday for at least a month
because of a technicality.
More than 70 people packed a federal courtroom expecting to hear
the federal government's case against the 54-year-old activist.
But before the trial could start, Bursey's lawyers brought up a
technicality that has to do with what prosecutors must prove to
convict Bursey.
"It's a fairly technical dispute," Assistant U.S. Attorney John
Barton said. "It's a question of what the statute requires the
government to prove to convict him."
Bursey, who began a lifetime of protesting war and inequities in
the 1960s, faces a seldom-used charge of entering a restricted space
around the president of the United States.
If convicted, he faces six months in prison and a fine of
$5,000.
Bursey says he was arrested at the Columbia Metropolitan Airport
in October during President Bush's visit because his message was
anti-war. He initially was charged by airport police with
trespassing, but that charge was dropped.
Bursey's attorney Bill Nettles said "it's extremely critical"
that the technicality is cleared up before trial.
"It would have been a huge waste of time not to know what the
rules are," Nettles said.
Part of the technicality involves a difference in punctuation in
the government's complaint and the 500-word statute that Bursey is
being charged under, said attorney C. Rauch Wise, who also
represented Bursey when he was arrested in 1969 during a visit by
then-President Richard Nixon.
Bursey and another one of his attorneys, Lewis Pitts, met with
about 20 supporters outside the courthouse to answer questions about
the delay.
"I really commend Brett for not folding his tent," Pitts said to
rousing applause. "We contend what they (prosecutors) allege doesn't
even amount to a crime."
Bursey said if he wins the case he will sue to recover his trial
costs. "I've been terribly inconvenienced by all of this," he
said.
A trial date likely won't be set until at least the end of July.
Barton will have to file papers with the court by July 9, then the
defense gets until July 23 to respond.
U.S. Magistrate Bristow Marchant said he probably would rule
within a week of receiving Bursey's response to prosecutors'
filings.