I think it is very important to remember this, that even after a 20-odd year non-stop assault on civil rights, leaving the U.S. courts system heavily weighted towards the prosecution, we still maintain the possibility of justice in this country.
The “case in point”: even with the help and testimony of Brandon Darby, radical activist-turned F.B.I. informant, the state was unable (in this round) to prosecute David McCay for the charge of possession of Molotov cocktails during the anti-R.N.C. protests. The jury appears to have been skeptical that the defendent wasn’t overly influenced (i.e. entrapped) by Darby. In the words of Bruce Nestor, an attorney in Minneapolis:
Jury unable to reach verdict in case of David McKay, charged with possession of molotov cocktails during RNC. Undisputed evidence that he manufactured the devices and defense was entrapment by Brandon Darby, FBI informant. Held in custody since September 3, McKay can now be released on bond. New trial scheduled for March of 2009. Appears to show that citizen/juries have at least some healthy distrust of government informants and political turncoats.