Half-truths and Hung Juries: Statement on the Mistrial and Retrial of David McKay

On Monday, March 16, the retrial of Austin activist David McKay, accused of possessing Molotov cocktails at the Republican National Convention last September, will begin in Minneapolis. McKay’s first trial in late January was declared a mistrial as a result of a hung jury over the question of whether the conduct of the main informant in the case, Brandon Darby, constituted entrapment. While this was not the acquittal that was deserved, it remains a clear indictment of the government's conduct and use of informants.

Many of us familiar with the situation and the individuals involved, in Austin and elsewhere, easily saw through the lies presented by the State and their informant Brandon Darby at the first trial. Despite the State assigning one of their top prosecutors to the case, the jury obviously did as well. Jurors could not in good conscience send McKay to prison for the alleged crimes for which the FBI and their informant bear the real responsibility.

Darby is an excellent example of the government's long history of using informants to destroy community organizing and activist groups. In reports from folks who knew him, Darby is consistently characterized as an intentionally divisive figure who escalated conflicts, fetishized violence, and often encouraged the use of force, instead of cooperation, to get things done. In an effort to block evidence of their informant’s illegal conduct, the state has filed a motion to prohibit testimony and evidence about Darby’s history of advocating firebombing as a legitimate political tactic, acting as though evidence about the credibility and character of their chief witness were not relevant. The outcome of this motion is not known.

We see Darby not as an isolated incident but as part of the FBI's pattern of using volatile, violence prone characters in their politically motivated investigations. We have recently learned that Andy "Panda" Darst, the main informant being used against the RNC8 and also a prospective witness against McKay, is facing felony burglary and assault charges for breaking into a house and attacking men at a party that his wife was attending. These incidents raise serious questions about who our government is employing to do their dirty work and why. Even more disturbing is how often they get away with it.

Because of the apparent misconduct of Darby and the holes in the FBI's side of the story we are hopeful for David in his upcoming trial. We are also hopeful for the case against the RNC8, and all informant-driven cases against political activists as the State’s misuse of informants becomes more and more apparent. We hope that the state will get the message that our communities will no longer be their victim through the use of informants and illegal surveillance. We have hope for the future, and hope for each other.

We are pleased to say that after five months in a federal holding facility, David has been able to spend the past month in Texas with his friends and family. We are confident he will be back after his trial in Minnesota. We applaud all who bravely testified on behalf of David and the truth at the first trial, and all who are slated to do so again at his retrial. Thanks to everyone who has helped with supporting the Texas 2, and everyone working for a better world!

For more background on David and his co-defendent Brad Crowder, please visit www.freethetexas2.com.

In solidarity,
The Austin Informant Working Group
texas.solidarity@gmail.com