October 7, 2014

A history of peace and arrest

Joan Nicholson has been a peace activist since the Vietnam War.

Being arrested is nothing new for 80-year-old Joan Nicholson. She said she’s been taken into custody more times than she could recall off the top of her head. One of those times, however, did lead to a year in prison.

Nicholson is, and has been, a peace activist. Her name might not be familiar, but motorists who drive by the Old Kennett Meeting near the entrance to the Kendal retirement community on Route 1 during morning and afternoon commutes know of her. She’s the woman who stands out there with signs calling for an end to U.S. military intervention around the world.

She was born into a family with a strong Quaker tradition. An uncle was the first executive secretary of the American Friends Service Committee, she said, and an aunt took time off from a teaching job to help with a child-feeding program in Germany after WWI. Her father went to France to help rebuild after that war. And Nicholson went to Quaker schools.

All of that, she said, made “a profound impression” on her in terms of how she views the world: “All humans, all people, are of equal worth,” she said.

Her own activism began in the 1960s during the Vietnam War. She attended and took part in protest rallies. She was involved in reading the names of the war dead on the steps of the U.S. Capital where, she said, “we were arrested week after week” until the courts ruled such arrests were unconstitutional.

In time she got involved in draft board actions where she and others destroyed files of men who would have been drafted. It was during one of those events in Rochester, N.Y., when she was arrested and sentenced to prison.

“We faced 38 years, but the jury recommended leniency,” Nicholson added. “I ended up doing one year in prison.”

She’s traveled the world from Vietnam to Pakistan as an activist. It was in Pakistan where she met with families who had relatives maimed and killed by U.S. drone strikes. Learning about those incidents led her to stand near the entrance to Kendal with her signs calling for an end to drone strikes and withdrawal of troops from Afghanistan, Iraq, South Korea and everywhere else.

As many others also think, she wants the prison at Guantanamo closed, and she wants to see an end to force-feeding prisoners there who go on hunger strikes.

“It was all of this – all the wars the United States continues to carry on” that led to her sign vigil.

As a general rule, she’s out with the signs every day with few exceptions, such as extremely bad weather or when she goes to Washington, D.C., where she’s been arrested at least 11 times, she said.

One of those times occurred in 2011. She and several other activists joined up with veterans who were opposing the war in Afghanistan. Nicholson was in the House of Representatives listening to congressmen debate a resolution sponsored by former U.S. Rep. Dennis Kucinich to withdraw troops from Afghanistan.

“One of them, a Republican, kept calling out ‘al Qaeda are global terrorists.’ After he said that for the third or fourth time, I finally stood up and called out ‘we are a global terrorist nation,’” she said.

Nicholson said she was arrested as she left the building, charged with calling out from the gallery. There was no jail time, but she was ordered to stay away from the Capital and adjacent streets for nine months.

“I could have been arrested even if I had walked on the sidewalks. And all this for six words,” she said.

As motorists drive by or are stopped at the traffic light, some give horn honks of approval. Others will give Nicholson a thumbs-up or flash a peace sign. Still others offer another hand gesture that Nicholson chooses to ignore.

Nicholson has no plans to stop. She thinks too many people are swayed by propaganda being spread by radio and TV. She said people need to keep looking elsewhere to find out what’s really going on. Some of those other places include RT, Democracy Now, Bill Moyers and the Internet.

She also recommends several documentary films, “Dirty Wars,” which received an Academy Award nomination for best documentary; “Unmanned: America’s Drone Wars;” “Wounds of Waziristan;” and “Ghosts of Jeju.” She said she has those films and is willing to show them to interested groups.

Nicholson believes that constant wars are based on all the wrong reasons.

“The world could be a better place, but greed and insanity are driving U.S. policy,” she said.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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New roundabout date: ‘around Thanksgiving’

If all goes as planned, area residents might be able to give thanks for the opening of the Route 52 Roundabout along with their Thanksgiving feasts – a couple of months past the project’s scheduled completion date.

Brad Rudolph, a spokesman for the Pennsylvania Department of Transportation, said the general contractor, Road-Con Inc. of West Chester, has been limited in its ability to work on the Pocopson Township project since Labor Day as it waited for five utility companies — Aqua Pennsylvania, Comcast, Peco, Sunesys and Verizon – to complete their work.

Rudolph said Verizon wrapped up its part of the project two weeks ago. This week, Aqua Pennsylania is relocating a fire hydrant. Once the water company finishes that move, all utility work on this project will be completed, and Road-Con can return to a full schedule to finish Phase 3 of the project, which involves the actual construction, Rudolph said.

Although PennDOT is targeting “around Thanksgiving” for the opening of the roundabout to traffic, Rudolph said some punch-list items, such as repairs or installations needed to meet the final approval or inspection, might initially require lane restrictions.

PennDOT began construction in January on the roundabout at the intersection of Route 52 (Lenape Road), Wawaset Road, and Lenape Unionville Road. The $2.15 million project, which is financed totally with federal funds, was originally scheduled to finish in September.

Designed by Pocopson Township to improve safety at the intersection, the roundabout will be the first built by PennDOT in southeastern Pennsylvania. The Philadelphia region has five other roundabouts, but they were constructed by a municipality or private developers, according to PennDOT.

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Concord First appeals to Pa Supreme Court

Concord First has filed an appeal of two lower court decisions with the Pennsylvania Supreme Court.

The citizens’ group wants the high court to overturn decisions denying a question being placed on the November ballot that would ask Concord Township voters whether or not they want the township to become a township of the first class.

Concord First’s Colette Brown said she realizes the court may decline to hear the case, but that the appeal is worth the effort.

“We understand that [state] Supreme Court grants only a very small percentage of petitions for allowance of appeals, but we feel an obligation to the almost 1,000 voters who signed petitions to do our very best and pursue all of legal options to allow their voices to be heard,” she said in an e-mail exchange.

In July, Concord First gathered more than the required number of signatures to get the question on the ballot. It needed 583, or five percent of the number of registered voters. However, township supervisors and the Delaware County Board of Elections challenged the petition.

Common Pleas Court Judge James Proud ruled against placing the question on the ballot, saying the question should have been on the 2013 ballot since, under his interpretation of the law, such a question had to be on the first municipal election after the 2010 census.

To qualify as a township of the first class, a township must have a minimum of 300 resident per square mile. Concord Township has more than 1,200 people per square mile, according to the last census.

Concord First appealed to Commonwealth Court, but that court upheld Proud’s decision.

The appeal to the state Supreme Court was filed Oct. 6. It is not known yet when, or even if, the court will hear the appeal.

Brown said the people she spoke with at the Supreme Court could not give a definitive timeframe. However, she expects an answer within a week or two, she said.

She also said Concord First would continue its efforts regardless of what the state Supreme Court does.

“If the court declines our petition for the allowance of the appeal, Concord First will work to continue to heighten awareness of the supervisors’ records on high density rezoning, loss of open space, tax implications and other issues that are of importance to Concord residents,” Brown said. “We need to rally residents to come out to meetings in force and continue to put pressure on township officials to do what they were elected to do, make decisions that are in the best interest of the residents.”

Concord Township Supervisors voted, also in July, to have their own question placed on the ballot, asking voters whether or not there should be a study commission formed to examine the possibility of changing the form of the township’s government. Supervisors’ Chairman Dominic Pileggi said at the time that the board’s action was in response to the Concord First petition.

Voters would also be asked who should be on the commission, if it’s approved.

That action by the board is not viewed well by Dan Levin, a member of Concord First and former Democratic Party candidate for supervisor.

“It is still an awful reflection on the Concord supervisors that they would fight an initiative from the voters they are supposed to represent. Their “study commission” is a smoke screen and a waste of taxpayer money. If they had any scruples, the supervisors would simply call for a vote on becoming a first class township, and trust the voters to decide on our township’s future. Then they might earn and deserve the positions they handed themselves simply by having an overwhelming party-affiliation majority, and control of the apparatus driven by loyalty to powerful interests.”

Pileggi previously said that he thinks it’s a better move to have a commission study the possibility before changing township government, than to simply change without any understanding of what that would mean.

He also said that whether or not the township classification changes, he would favor supervisors being elected by ward instead of all five being elected at large. He said a study commission could recommend such a change.

About Rich Schwartzman

Rich Schwartzman has been reporting on events in the greater Chadds Ford area since September 2001 when he became the founding editor of The Chadds Ford Post. In April 2009 he became managing editor of ChaddsFordLive. He is also an award-winning photographer.

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Guilty plea to scam, weapons charges

A 44-year-old Chester County man – who played a role in the 2009 disbarment of a West Chester lawyer – pleaded guilty on Monday, Oct. 6, in federal court to crimes that authorities said enveloped Chester County and beyond.

Istvan Merchenthaler, whose addresses have included Downingtown, West Chester, Coatesville, and Glenmoore, admitted committing wire fraud, possession of destructive devices, aggravated identity theft, money laundering, filing false tax returns, and interstate transportation of stolen goods, U.S. Attorney Zane David Memeger said in a press release. Sentencing is expected in January.

From about May 2006 to February 2013, Merchenthaler claimed to be the founder of PhoneCard USA, a company that was purportedly a “premier distribution source” for prepaid phone cards and cell phones. In reality, Merchenthaler operated a “Ponzi” scheme, bilking about 200 investors of more than $2 million and using much of the money for purchases such as a $69,000 Mercedes Benz, court records said.

During 2008 and 2009, when Merchenthaler received about $380,000 and $993,000 respectively in illicit proceeds from the phone card scam, he reported “no taxable income,” records said.

Merchenthaler was first charged in March 2012 and agreed to pretrial release conditions. Months later, in October, he disappeared in a stolen vehicle and was not apprehended until February 2013 in Maryland, federal officials said. Some of the later charges against him resulted from car thefts and weapons possession while he was on the lam in states that included North Carolina, records said.

Other charges against Merchenthaler stemmed from the March 2013 discovery of a cache of explosives in his storage locker in East Whiteland Township. The arsenal included improvised explosive devices (IEDs) – 60 PVC pipes and 400 cardboard tubes, “all center-primed with flash powder – a 9mm Cobray M-11 semi-automatic machine pistol, and ammunition, records said.

In addition to allegedly conning victims, Merchenthaler was also reportedly on the receiving end of a scam. Court records for the Pennsylvania Supreme Court show that Merchenthaler figured prominently in the 2009 disbarment of Daniel L. McCaughan, a West Chester attorney who received a two- to four-year prison sentence after a jury convicted him in 2009 of misusing another client’s money.

The family of Merchenthaler, who was arrested in San Paolo, Brazil, on drug-trafficking charges in April 2004, hired McCaughan, who bragged that he had “dealings with an influential Columbian law firm specializing in international drug-trafficking cases,” records said.

Merchenthaler’s family paid McCaughan $150,000, which was supposed to be transmitted to the Colombian firm through an intermediary in Canada. Although McCaughan insisted he sent the money, he acknowledged that he did not obtain the proper documentation “to adequately safeguard it.” Merchenthaler was released in February 2005 with representation from a law firm that had no ties to McCaughan, records said.

Merchenthaler faces a mandatory minimum of two years in prison with a maximum possible statutory sentence of 230 years, a three-year period of supervised release, a fine of up to $5.5 million fine, and a $2,200 special assessment. Restitution and forfeiture may also be ordered, the press release said.

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