WAR TAX RESISTER ACQUITTED OF TRESPASS
Oregon nurse argues law and conscience; beats civil and criminal cases

Nuclear war resisting nurse Ed Martiszus scored a double victory this spring in his long-running battle with a former employer over federal war tax withholding. For more than a decade, Martiszus has challenged the Episcopal Church in Portland, Oregon and management at a local hospital they own for withholding his federal taxes and paying them to the government, a practice that violates his conscience, international law, professional ethics, and church teachings about conscience and war. Even after the hospital fired Martiszus several years ago, he has periodically returned to both the local bishop's office and the hospital to deliver letters and statements demanding return of his extorted wages. He has sought in vain the assistance of the local police and district attorney to enforce international law in the dispute, and they have at times been reluctant to prosecute Martiszus as well.

With a June 8 trial date pending for three criminal trespass arrests at Good Samaritan hospital over the last 14 months, Martiszus was also served notice of a motion for a restraining order prohibiting his presence at the hospital. That civil hearing came first on April 27, and the court flatly refused to grant the restraining order. Hospital attorneys were told his peaceful presence in areas otherwise accessible to the public could not be enjoined.

At his trial, Martiszus offered a justification in international law for his actions. He spoke of the World Court advisory opinion on nuclear weapons of July, 1996, of the various treaties regarding crimes against humanity, and the obligations of citizens affirmed at the Nuremberg war crime trials. Martiszus declared he could not let his former employer get away with complicity in committing crimes against humanity (with his wages!) behind their property line, and then try to stop him from coming onto their property to resolve the issue. He argued that the property rights of Good Samaritan Hospital could not stand in the way of human rights.

The jury found Martiszus not guilty on all three counts, but it was not known whether the international law justification or First Amendment arguments carried more weight in their verdict.

Martiszus will continue to press his claim with the Episcopal Bishop of Oregon.

For more information, contact Ed Martiszus, 53215 Timber Rd., Vernonia, OR 97064, (503)429-3136.