Alabama Governor Did Not Order Arrests in Flag Protest, Official Says

A police official testified Tuesday that officers on the scene, not the governor, decided that 14 black lawmakers would be arrested during a demonstration against the Confederate battle flag atop the state Capitol.

Testimony in the oft-delayed trial of Alabama NAACP President Thomas Reed and 13 co-defendants ended Tuesday, but the judge hearing the case said he would not issue a verdict immediately.

Reed, then a member of the state House of Representatives, and 13 other black lawmakers were arrested Feb. 2 and charged with trespassing. They say the Dixie battle flag atop the Capitol is a symbol of racial oppression.

Reed was arrested after he grabbed the fence around the Capitol building, which is closed for renovation, and attempted to climb it. The other 13 defendants followed suit, with many simply placing their hands on the links in a symbolic protest.

The only witness to testify Tuesday, Capitol Police Chief Cecil Humphrey, said it was left to him and state troopers to determine if a violation of the law occurred. He said he had discussed security arrangements for the protest in advance with Gov. Guy Hunt’s staff, but that the governor was not at the scene and did not directly order the arrests.

The defense rested after Humphrey testified. None of the defendants took the stand.

District Judge Craig Miller, presiding over the non-jury case, said he would not issue a verdict until after reading written testimony by Hunt, who was questioned by attorneys in his office Monday.

The dispute over whether Hunt would testify in person was one reason the trial dragged on over seven weeks, although only eight hours of testimony was heard.

Courtroom action came to a halt in mid-November when the defense called Hunt as its first witness. Attorneys for the governor argued that he should not have to appear, and the judge agreed to allow him to testify by giving a deposition in his office.

All 14 legislators were charged with second-degree trespassing, which carries a maximum penalty of three months’ imprisonment and a $500 fine. Reed was removed from his seat in the Alabama House last month after being sentenced to four years in federal prison on an unrelated extortion conviction.