Seattle I-5 protest defendants challenge social media use for suspect identification

SEATTLE — Defense attorneys for six people charged in connection to a protest that shut down I-5 in Seattle are raising doubts about the state patrol’s use of social media to identify suspects.

The six defendants appeared in court for an arraignment hearing Wednesday.

Last month, prosecutors filed charges of criminal trespass and disorderly conduct against six people: Edward Mast, 69; Joseph Subido; 29; Rizwan Samad, 66; Christina Devitt,37; and 35-year-old James Parker. Michael Moynihan, 42, is charged only with disorderly conduct.

All six are accused of being on the highway illegally during the protest on Jan. 6, when the pro-Palestinian group entered I-5 at Olive Way in downtown Seattle and shut down traffic for four hours.

It took hours for the Washington State Patrol (WSP) to mount a response to the protests and eventually the protesters left on their own. No arrests were made that day, but investigators went back on social media posts about the protests to identify suspects.

In court, an attorney representing Samad said investigators ‘lumped everyone together’ while reviewing social media posts.

“There’s no evidence law enforcement took any statements from Mr. Samad, pretty much just reviewed that twitter posting,” Samad’s attorney Zelena Jones with the Northwest Defenders Division said in court. “I believe this whole method of investigation is wholly inappropriate, so for these reasons, I’m objecting to the court finding probable cause.”

Judge Andrea Jarmon found probable cause to support charges of disorderly conduct against all six defendants, but she sided with defense attorneys and said there was not probable cause for charges of criminal trespass against defendants Devitt, Parker, and Samad.

There was no prosecutor at the arraignment hearing to make arguments in favor of probable cause for the charges.

“In the course of my almost 30 years of practicing law, I have never been in a proceeding for an arraignment where a prosecutor didn’t show up. I’m stunned to find there’s no prosecutor here. The state is bringing this charge, the court is not making the allegation against my client and the chair next to me is empty. I can’t imagine why the state is not here,” defense attorney Scott Carter-Eldred said.

The King County Prosecuting Attorney’s Office said it was routine for prosecutors to not attend arraignments on misdemeanor cases filed in district court.

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“That’s what happened today. Instead, we file our proposed conditions ahead of time for the court to review. The decision on probable cause and conditions of release are then up to the court to decide,” prosecuting attorney’s office spokesperson Douglas Wagoner told KOMO News in a statement.

Despite Judge Jarmon determining there was not probable cause for charges of criminal trespass against some of the defendants, the prosecutor’s office said the charges remain in place and the cases are still active.

All six defendants pleaded not guilty in court and are expected to appear back in court this summer.