BOSTON (AP) — The final two dozen court cases stemming from the ‘‘Occupy Boston’’ protest have been resolved.
Suffolk County prosecutors said paperwork was filed in Boston Municipal Court on Friday officially terminating the cases, including those of five people who were scheduled to go on trial next week.
Suffolk District Attorney Daniel Conley said the defendants — who faced charges of unlawful assembly, trespassing or both — abided by restrictions imposed at their arraignments following their arrests in October and December 2011.
Prosecutors say they had offered to end the cases more than a year ago, but the defendants insisted upon criminal trials. They later filed motions to dismiss the charges.
Protesters spent 10 weeks at the ‘‘Occupy Boston’’ encampment on the Rose Fitzgerald Kennedy Greenway before being evicted by police.
Occupy Boston Protesters: Guilty and
Sentenced Without Trial
February 8, 2013
As one of those who was awaiting trial, I find the whole affair, from the illegal arrests, to the injurious treatment of myself and others, to the harassment of making us show up at multiple hearings, with many delays, to the propagandist stenography of the Boston Globe, to be a heinous abuse of justice.
Please keep reading to learn of the final bit of foul play by our government. They saw the writing on the wall and, once again, they abused their position of power and cheated.
Personal request: Please spread the word about how the Boston Globe is printing lies in service to the government.
I wanted my day in court. It was clear, they were going to delay and delay. Over one year later, I still did not have a trial date. I was also never told with whom I would be a co-defendant. (we wanted one trial and the judge insisted we be broken into groups of 5. He then only named one group and the rest of us were left in limbo) All of this was designed to make it impossible for us to prepare. Trying to crush our resolve and our souls slowly.
When we pushed back and filed a motion for charges to be dismissed, the judge said he would rule this coming Monday. Preempting what the judge might say in court, the City surreptitiously dropped the charges today. During the beginning of a blizzard. On a Friday afternoon. Without letting any of the defendants know. We didn't get the courtesy a single communication to us. We all learned by reading it in the Boston Globe
. And that is where we read outright lies:
but at least five defendants will contest the dismissal in hopes of fighting the accusations on their merits.
um, we filed the motion to have the charges dismissed. the hearing for that motion was this past Monday. that's on the public record. high quality stenography, I mean journalism, there.
“Our clients feel that they deserve a day in court to contest their arrests on constitutional grounds,” said Jeff Feuer, of the National Lawyers Guild, which is defending the demonstrators. “They were using a public park.”
that's my lawyer. I wonder when they got that quote. I'm pretty sure that's from an earlier time when we were being asked about why we didn't accept a plea deal. Since we've had no contact from anyone about this latest move of dropping the charges, I doubt this is a contemporary quote.
A spokesman for Suffolk District Attorney Daniel F. Conley said prosecutors decided to resolve the cases because the defendants had abided by certain restrictions imposed by the court for more than a year. Other protesters charged with trespassing and unlawful assembly had agreed to similar conditions in resolving their cases.
What restrictions? This is just outright fiction. I pleaded not guilty. I was not under any restrictions, as I had not been found guilty of any crime and I would not consent to be punished as though I had. I dare the Boston Globe to tell me exactly what restrictions I have supposed adhered to and to prove that I consented to and complied with them.
“There’s now parity with prior cases arising from the protests,” Jake Wark said. “They’ve served essentially the same sentences.”
This is their way of saving face. Trying to claim that we somehow accepted guilt by serving a pre-sentence. Who needs a trial when you can just get people to agree to "restrictions" and then say that they've "resolved" their case by "essentially" serving a sentence?
I will not stand idly by and be portrayed in the public as though I have served a sentence for a crime I did not commit. Nor will I allow our justice system to proclaim that they can determine, without a trial or a sentencing process, that someone has paid enough of a penalty that they can consider the case resolved. It's bullshit. And makes me wonder what they thought the judge was going to say, on the record, on Monday.
Here is the press release about this from the National Lawyers Guild, who are representing us.
NATIONAL LAWYERS GUILD, Massachusetts Chapter, Inc.
14 Beacon St., Suite 407, Boston, MA 02108
Tammi Arford (defendant): 617-686-8892 National Lawyers Guild, Mass. Chapter
Andrea Hill (defendant): 574-206-5632 617-227-7335
CRIMINAL CHARGES AGAINST OCCUPY BOSTON DEFENDANTS DROPPED
Boston, February 8, 2013.
Today, without any notice to defense counsel or the defendants, Suffolk County prosecutors went into court and in an unscheduled, unilateral action dismissed the criminal cases that had been brought against five Occupy Boston activists which were scheduled to begin trial on Monday, February 11. The prosecutors also dismissed all of the criminal charges remaining against the other Occupy Boston activists who were still awaiting trial as a result of the mass police arrests in October and December, 2011.
We believe that the DA’s decision amounts to an acknowledgment of the unconstitutionality of the arrests and criminal charges that had been brought against hundreds of Occupy Boston participants, and shows that the state has finally admitted that the demonstrations by Occupy activists were legal and constitutionally protected.
Fully ready to contest the charges at trial, the defendants and their representatives from theNational Lawyers Guild (NLG) had subpoenaed Mayor Menino, Police Commissioner Ed Davis, and Nancy Brennan (former head of the Greenway Conservancy) to explain why the City of Boston and its police department unconstitutionally applied the Massachusetts trespass and unlawful assembly laws to impinge upon Occupy Boston participants’ rights to assemble, to express their protected speech, and to petition the government. In addition, they had also subpoenaed Joshua Bekenstein and Mitt Romney (of Bain Capital), and Robert Gallery (CEO of Bank of America) to address their role in constructing and perpetuating excessive corporate power and an economic system that favors the wealthiest 1% of the population at the expense of the remaining 99%-- an undemocratic system in which the voices of the people are ignored. The police action in arresting occupiers demonstrated that voices of conscience that speak out against social and economic inequality are not only ignored, they are unlawfully silenced by the state’s use of violence, fear, threat, and repression.
This decision by prosecutors comes after 14 months of delay, during which defendants were repeatedly required to show up for court dates, only to have their day in court and their right to a jury trial delayed time after time. Defendants and their NLG lawyers spent months working to prepare a case that would potentially embarrass the City and set valuable precedent that would reaffirm the constitutional rights of free speech and assembly.
In making this decision, Suffolk County prosecutors have not only prevented the defendants from having their day in court, they have employed yet another way to trample upon those who voice dissent and discouraged them from challenging injustice and inequality in this country. In fact, a spokesperson from the District Attorney’s office today admitted that these defendants, who never had the chance to present their case to a judge or jury, “served a sentence” imposed unilaterally by the actions of the District Attorney without ever having been found guilty of any criminal offense.
### END ###
Don't be complicit in the repression of voices of dissent. Please take in the way this was handled: peaceful protesters arrested by using a battalion of militarily-armed riot police, then dragged through repeated courtroom delays, then charges dropped with a statement that they had "essentially" served a sentence. See how that works? Guilt determined and sentence handed down without the bother of a pesky trial.
Raise your voices, people. When these things happen, we need to yell louder that we will maintain our rights.