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Ashford House 5 Lawyers Call Arrest 'Invalid'

Lawyers representing the five men accused of attacking a group of alleged white supremacists in May motioned Tuesday to suppress evidence gathered in the traffic stop that led to their arrest.

Attorneys representing said Tuesday morning that they believe the traffic stop leading to the group's arrest was illegal.

They filed a motion shortly after 11 a.m. to suppress evidence gathered during that stop, in which Indiana men John Tucker, 26; Cody Sutherlin, 23; Dylan Sutherlin, 20; Alex Stuck, 22; and Jason Sutherlin, 33; were arrested.

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"Basically, we're saying that the arrest was invalid," , James Fennery, said. "We believe there was an unlawful stop of the vehicle."

Asked what would deem the stop "unlawful," Fennery only clarified to say it "involves the vehicle" and the "identification of that vehicle."

"You can't just stop any car driving down the street," he noted.

If Associate Judge Carmen K. Aguilar were to side with the defense, it wouldn't necessarily void the men's arrest, Fennery said. However, it would prevent any evidence garnered in that stop from being used in court. Assistant state's attorneys have said black clothing, facial coverings, and batons and other weapons were found in the vehicle.

The men were taken into custody in the parking lot of Tin Fish on Harlem Avenue near 183rd Street—about 1/2 mile from the —by an officer who was just finishing a traffic detail shift at the local convention center.

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 to 37 counts related to mob action, armed violence, aggravated battery and criminal damage to property. Most recently, .

Police say the Five, three of whom are brothers, stormed the Ashford House in on May 19, with their faces covered

Authorities have said  and defendants are said to be members of the 

The Dodge Neon they were found in was one of three getaway cars seen leaving a parking lot adjacent to the restaurant, police said.

A victim named in the complaint, , showed in court Tuesday morning. He sat alone on a front-row bench behind assistant state's attorneys. It was his first time attending any of the court dates yet.

Spiller didn't interact with anyone in the room, nor did he offer comment. and various e-mails, Spiller told Patch on May 25 that his lawyer asked him to stop communicating with the media.

But he silently slipped a two-page flier Tuesday to as he briskly left the courtroom. The flier includes booking photos of the Five and their street and hometown beneath the heading, "Domestic Terrorists," which is typed in capital letters.

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ed August 15, 2012 at 09:19 PM
I hate Illinois nazis.
Mike Fangman August 18, 2012 at 06:31 PM
I'm a liberal, but I do not support these guys. Violence never solves anything.
Arthur Huff August 18, 2012 at 08:05 PM
"You can't just stop any car driving down the street." Am I missing something? Sounds to me like the car the officer stopped was not just "any" car, but was the car being driven by the bad guys. I assume a description of the vehicle was given out to officers and that vehicle obviously matched the description since it was actually the vehicle. There must be more to that because this makes no sense.
Ray Blah Blah Blah August 18, 2012 at 08:29 PM
(Expletive deleted) Illinois Nazis. These are anti-Nazis though. The appropriate saying would be (Expletive deleted) Indiana anarchists
Mike Fangman August 18, 2012 at 11:33 PM
"'You can't just stop any car driving down the street.' Am I missing something? Sounds to me like the car the officer stopped was not just "any" car, but was the car being driven by the bad guys. I assume a description of the vehicle was given out to officers and that vehicle obviously matched the description since it was actually the vehicle. There must be more to that because this makes no sense." If you look up their Wikipedia entry, it seems like the above quotation is a variation of their standard response when arrested: "On August 24, 2002, a neo-Nazi demonstration was held in Washington, D.C., and several ARA affiliates held a counter-demonstration. A melee resulted and 28 ARA activists were arrested. Within about 36 hours, most had been released from jail, and many claimed that they were not 'properly informed' (given their Miranda rights) about any crime they had allegedly committed until their release, if informed at all. The group became known as the Baltimore 28, Parking Lot 28, Baltimore Anti-Racist 28 and the Anti Racist 28. The charges were eventually dropped, and one of the 28 was not charged with any crime due to her status as a minor."

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