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FOR IMMEDIATE RELEASE

Professor fired from Pima Community College for offering religious memorial to January 8th Safeway Shooting Victims helps educate Occupy Tucson Movement

Dr. Brian Hewlett, a minister with no criminal record who was arrested for criminal trespassing as he offered his own personal memorial on February 25, 2011 at the Safeway where only 45 days before a tragic shooting occurred that wounded Representative Gabrielle Giffords, is volunteering to help educate the Occupy Tucson participants on the history, operations, and collective actions of social movements.

Dr. Hewlett, a graduate of the University of Arizona, was a professor of Sociology and Psychology at Pima Community College before he was removed from his duties in conjunction with his personal memorial, which took the form of meditative mantra prayer at the Safeway where the shooting took place.

Prior to and even after Dr. Hewlett’s arrest, the store allowed countless other individuals and groups from the Tucson and surrounding area to offer memorials for Giffords and the other shooting victims that involved personal prayers, gifts, cards, flowers and other tributes to the victims, including the flying of a 9/11 memorial flag.

Although the criminal charges have been dismissed by the court, Dr. Hewlett has neither been extended an apology from Safeway Corporation or offered his job back by Pima Community College.

Dr. Hewlett is offering a series of Teach-In Workshops for the Occupy Tucson participants that helps them to understand movement ideologies, grievances, strategies, tactics, and methods of mobilization, which he says “in turn, will help them to solidify their own” and “help the movement gain momentum.”

Occupy Tucson Teach-In Workshops are open to any member of the Tucson community and are held at the Occupy Tucson Camp at the Veinte de Agosto Park in downtown Tucson.

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Release Date: November 30, 2011

For further information on legal concerns, contact Vanessa Moss, Attorney for Dr. Brian Hewlett, via email at themosslawfirm@gmail.com or by telephone at (520) 388-1003.

Judge Dismisses Charges against Minister Arrested while Honoring Giffords and other Safeway shooting victims

Despite a statement to the press from Safeway management that the site of the January 8th shooting of Representative Gabrielle Giffords and 15 other victims in front of one of their stores in Tucson would serve as a memorial indefinitely until a permanent memorial site is determined, Dr. Brian Hewlett, a Tucson minister and professor of Sociology and Psychology at a local college with no criminal record, was arrested on February 25, only 45 days after the tragedy occurred, as he was offering his own personal memorial.

Representative Gabrielle Giffords and 15 others victims were shot at the store where she was hosting “Congress on your Corner,” which is described by her website as a forum for residents of her district to “meet their congresswoman one-on-one and discuss with her any issue, concern, or problem involving the federal government.”

Prior to Dr. Hewlett’s arrest, the store had become a memorial for Giffords and the other shooting victims with countless individuals from Tucson and surrounding areas offering their personal prayers, gifts, cards, flowers and other tributes to the victims.

Despite this fact, Safeway had Dr. Hewlett arrested by the Pima County Sheriff and charged with 3rd degree trespassing.

The Pima County Prosecutor alleges that Dr. Hewlett violated the law because he remained on the privately operated property when he was asked to leave by a Safeway agent. The prosecution originally offered the minister a plea bargain of Mental Health Diversion, which effectively equates his religious behavior at the Safeway with serious clinical, developmental, and learning disorders. Dr. Hewlett’s attorneys turned down the plea bargain and filed motions to dismiss the charges on the grounds that, under the 1st Amendment, Dr. Hewlett was within his right to exercise free speech and religious expression since Safeway publicly accommodated and did not absolutely deny the public this right by inviting them to conduct political discourse and offer religious memorials at the site.

In the October 18th trial, prior to actually arguing any defense, Hewlett’s attorney asked the court to clarify the victim in the case in order to specify who was protected under the Arizona Victim’s Rights Act, which insures the victim the right to avoid testimony. The prosecution asked the court to include all parties associated with Safeway Corporation including employees and anyone with a contractual agreement in the victim definition. Pima County Justice of the Peace pro tem David Dingledine, disagreed with the State’s interpretation and stated that Safeway cannot expect to hide all of its employees and associates behind a “Corporate Veil,” thereby ordering the State to allow the store manager who had Hewlett arrested to be interviewed by the defense. After the State refused to cooperate, Judge Dingledine dismissed the case without prejudice.

When representatives for Dr. Hewlett were reached they stated they were happy with the decision and that “After almost 8 months of legal wrangling by the prosecution, a member of the greater Tucson community who only wanted to honor his neighbors as others did is finally cleared of any wrong doing.”

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Release Date: October 26, 2011

For further information, contact Vanessa Moss, Attorney for Dr. Brian Hewlett, via email at themosslawfirm@gmail.com or by telephone at (520) 388-1003.

Arguments Being Heard in the Case of Minister Arrested for Prayer at Safeway where Giffords was shot

Arguments will be presented Tuesday, October 18, 2011 concerning the trespassing charge leveled against a local minister who was praying at the Safeway where Gabrielle Giffords was shot.

On February 25, 2011 Dr. Brian Hewlett, then a professor at Pima Community College, was arrested for trespassing at the Safeway store in Cases Adobes where the shooting occurred. The store in question had become a memorial to the shooting victims with countless individuals from Tucson and surrounding areas offering their personal prayers, gifts, cards, flowers and other tributes to the victims.

According to the police report, Hewlett was praying while sitting in a yoga position when he was arrested. Safeway management stated before Dr. Hewlett’s arrest that the site would serve as a memorial indefinitely. Dr. Hewlett is the only person to have been arrested for offering a religious memorial in honor of the victims.

The Pima County Prosecutor’s Office offered Dr. Hewlett a plea bargain involving Mental Health Diversion, which effectively equates Dr. Hewlett’s religious behavior at the Safeway with serious clinical, developmental, and learning disorders. Dr. Hewlett’s attorneys turned down the plea bargain based on the fact that there is absolutely no evidence to suggest anything about his behavior other than it was synonymous with the responses of thousands of other community members to the same tragedy.

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Release Date October 16, 2011

Pima Community College falsifies reason for dismissing Professor arrested offering meditative memorial to Giffords and other Safeway Shooting victims

Despite a statement from Safeway management that the site of the January 8th shooting of Representative Gabrielle Giffords and 15 other victims in front of the store at Ina & Oracle would serve as a memorial indefinitely until a permanent memorial site is determined, Dr. Brian Hewlett, a Tucson minister and Pima Community College Professor of Sociology and Psychology for 9 years was arrested on February 25, only 45 days after the tragedy occurred, as he was offering his own prayer at the Safeway.

Following a local news report falsely linking him to the alleged shooter, Jerod Lougher, who previously attended the college, PCC removed Dr. Hewlett from the Intro to Sociology course he was teaching that semester and later refused to allow him to return to the classroom and begin teaching the second course for which he was scheduled. When Hewlett attempted to determine from college officials why he was removed from his teaching position based on his personal religious actions, he was told the matter was closed and no further discussion would take place.

In the weeks following, on behalf of Hewlett, the Arizona Department of Economic Security, in association with an Unemployment Insurance claim, questioned PCC as to the reason for his dismissal. One official document shows PCC stating the reason for his separation as “lack of work” and another states his “contract ended,” neither of which were true since Dr. Hewlett was in the middle of teaching a class with a full roster at the Downtown Campus that was contracted and was scheduled to begin teaching another full class for the Desert Vista campus a week after his dismissal.

When Eileen Oakes, the PCC official, who signed one of the documents, was approached for an explanation as to why false information was provided, she stated that “The only thing I go by is what we have in the computer system.”

PCC public relations officials were not prepared to offer a statement on the matter when questioned.

When representatives for Dr. Hewlett were reached for comment they stated “We firmly believe Dr. Hewlett was wrongfully terminated based on his personal religious expression and his removal from class was a violation of his first amendment rights. Any false information provided to the Arizona Department of Economic Security by PCC can only be interpreted as an attempt to construe facts relative to the situation.”

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Release Date October 16, 2011

Attorney General’s Office Investigating Safeway and PCC for Discrimination in Arrest of Local Minister for Prayer at Safeway Where Giffords was shot

On February 25, 2011 Dr. Brian Hewlett, then a professor at Pima Community College, was arrested for trespassing while he prayed at the Safeway store in Cases Adobes where Gabriella Giffords was shot.

After the shooting countless individuals from Tucson and surrounding areas converged on the site to offer their personal prayers, gifts, cards and flowers. Despite a statement from Safeway management that the site would serve as a memorial indefinitely until a permanent memorial site is determined, Dr. Hewlett was arrested for trespassing while praying at the memorial.

Shortly thereafter, Dr. Hewlett was removed from class and released from his teaching position by PCC.

In relation to his arrest and his release, Dr. Hewlett has filed claims with the Attorney General’s Office alleging discrimination by both Safeway and PCC. The charges state that Safeway’s actions were discriminatory because they failed to accommodate Dr. Hewlett after doing so for the rest of the public. The claims also allege that PCC’s actions violated Dr. Hewlett’s right to religious expression.

The Attorney General’s Office has launched an investigation and is currently awaiting responses from both parties.

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Release Date October 16, 2011

Westboro Baptist Can Promote Hate but Local Minister Arrested for Prayer at Giffords Memorial

The Supreme Court of the United States ruled March 2nd of this year that the hate speech used by the Westboro Baptist Church of Kansas is protected by the First Amendment of the U.S. Constitution.

The Church members led by their minister, Fred Phelps, who picket funerals of slain U.S. Soldiers with signs such as “God Hates Fags” and “Thank God for Dead Soldiers” have been at the center of much controversy. The decision was condemned by many as “outrageous” and “not common sense.”

Just six days prior to this decision by the highest court in the land to uphold the “sanctity of freedom of speech” Dr. Brian Hewlett, a minister, college instructor, and prominent citizen of the Tucson community was arrested for praying at a memorial for Gabrielle Giffords. Giffords and fifteen other people were shot on January 8th s at a local Safeway in the Cases Adobes area of the city.

The store became the site of a memorial for the shooting victims. Safeway officially allowed the store’s exterior to become a memorial site for the victims “indefinitely”, yet chose to arrest Dr. Hewlett as he engaged in prayer at the memorial site. Dr. Hewlett is the only person singled out for arrest by Safeway at the time of this writing.

While it was reported that he was chanting “We are the ones YOU have been waiting for,” Dr. Hewlett’s website and his legal counsel confirm the words of the mantra he was repeating were “We are the ones WE have been waiting for,” a phrase used by both the Elders of the Hopi Nation of Northern Arizona as a call for change and by the President of the United States in a campaign speech.

When contacted, a spokesperson for Dr. Hewlett stated that he believes that if people, such as the uninvited protesting members of the Westboro Baptist Church, are allowed to express hate at a site of mourning, then he, a member of the greater Tucson community, which was invited to that site for political discourse and the memorializing of the victims, should be allowed to express loving compassionate meditative prayers at a site of mourning without being accused of trespassing and hauled off to jail.

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Release Date: October 16, 2011

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