Judge allows case against protesters to go to trial

Two DuPage County war protesters lost a bid Thursday to get disorderly conduct charges dismissed, clearing the way for a summer trial.

DuPage Associate Judge Ronald Sutter ruled there was sufficient cause for sheriff's police to have made the arrests. He set a June 9 trial date.

Sarah Hartfield of Naperville and her friend, Jeff Zurawski of Downers Grove, were accused of misdemeanor disorderly conduct after a May 6, 2007, demonstration along a highway overpass.

The two rode their bikes to a pedestrian bridge that spans I-355 near Glen Ellyn and unfurled a banner that read: "Impeach Bush and Cheney -- liars." They also displayed an upside-down American flag.

Weeks later, deputies pursued criminal charges after they said a passing trucker complained.

Initially, prosecutors accused them of tossing something onto the roadway, causing motorists to swerve, and illegally displaying a sign on a highway. Later, though, they amended the disorderly conduct charge to allege the two made a throwing "motion" toward motorists.

The protesters deny pretending to or actually throwing anything. They claim they are being prosecuted because of their political beliefs. Their arrests sparked a letter-writing campaign, petition drives, Internet forum debates and several small protests outside the Wheaton courthouse.

On Thursday, about two dozen supporters from groups such as DuPage Against War Now and the DuPage Peace Through Justice Coalition came to court.

The defendants' attorney, Shawn Collins, argued prosecutors lack evidence of any wrongdoing. But prosecutor Johnnetta Sanks played in court a recording of a passing truck driver's 911 call alerting police to the demonstration.

The trucker, Charles Hardin, also testified Thursday that while he never saw the defendants throw anything, the demonstration did cause alarm on the roadway below.

"I was pretty sure there was going to be an accident," he said. "I observed everyone trying to get out of the middle lane. It was an erratic -- not normal -- traffic pattern. We came almost to a crawl."

Sutter ruled there's enough probable cause for the arrest, but prosecutors must prove a higher standard -- proof beyond a reasonable doubt -- to obtain a conviction at trial.

If convicted, Hartfield and Zurawski face fines and up to one year behind bars. Neither has a criminal history.