This is my son...

[catnhatnh]

and these are his children:

And people here sometimes disparage OWS, but I'm proud of him.

He protested (again) St.Patrick's Day and filmed a girl being arrested for (not kidding) dancing too close to the police...

so they did this:

So next Monday he faces a trial and if convicted faces up to a year in prison for loitering.

They beat him and stole his camera and he has proof.

Like the first amendment? NYPD doesn't.

Fuck NYPD and those who think OWS is just a distraction-if you are a democrat they speak for you.

[CaliforniaPeggy]

1. Good for your son!

I would be so proud if I had a son like yours...

And good luck to him.

[catnhatnh]

10. Thanks

He is being represented by one of the top guys from the NLG (national lawyers guild) and the prosecution has already asked for delays three times. They just entered three gigs of video into evidence including a supervisor (white shirt) taking his camera which police denied existed. Civil suit to follow. Past the obvious things like he he lost one job when they held him 4 days before arraignment and several opportunities since with the legal stuff pending...

[Tigress DEM]

24. Will be praying for you and your son. This stuff HAS to stop.

It's happening all over the place. The big buck folks are buying off local police to squash these protests, but if we can get the courts to curtail it and turn the elections around we'll be able to get out civil rights back.

UNFORTUNATE he had to go through this, but thank God there is proof and he will be vindicated. Not all cops monitoring protests are bad. Have had good experiences in MN and DC, but that's all the more reason to get rid of the ones making the problems for the rest that are just doing their job. Cops like this are bad for the people and their own departments.

[sabrina 1]

39. The NLG are heroes and so is your son. We do NOT believe in the 1st Amendment in this

country, unless it is someone like Pamela Geller putting up hateful, bigoted posters in our major cities. THEN all of a sudden we have so many 1st Amendment advocates.

We have people here on DU who oppose OWS, unbelievable, but true.

I believe I remember your son's story when it happened. I followed the protests on livestream and I think this was covered at the time.

Most of the cases so far are being dismissed. This sounds like a false arrest, and if his case is thrown out, he should sue the police for his property and any injuries he had. They are being sued by many protesters and by journalists, who never should have been attacked by the police in a country that claims it respects free speech.

Good luck to your son, if he needs anything, please let us know.

I love OWS, they are so courageous and are the hope we have been waiting for. I know this movement will only grow, especially if nothing changes here.

Your grandchildren are beautiful.

[Dawson Leery]

2. It is time for a severe curtailment of police powers.

In addition, you must take their unions out. Ask Norm Stamper. The FOP openly lobbies to criminalize everything they can.

[niyad]

3. a very brave young man. please let us know the outcome of the trial. good thoughts for

the correct outcome coming your way.

[lonestarnot]

4. K & R!

[ProfessionalLeftist]

5. He is very brave.

As for the NYPD - well. Pfft. The lines between civilian police and military-style aggression have become very disturbingly blurred - or non-existent.

[Fantastic Anarchist]

88. Exactly.

[alittlelark]

6. You must be so proud.

I'm proud of my daughter as well, but she has yet to be arrested.

[DrewFlorida]

7. Please send a big thank you to your son, on my behalf.

And best wishes to him at his court date. OWS represents all who have been taken advantage by the greedy capitalist machine.

Regards
DrewFlorida

[whathehell]

73. On the behalf of all of us. I'm so sorry he was treated like this.

It really hits home when it's one of your own.

I wish him and his brave fellow protesters victory over the NYPD in court

and on the streets.

[Egalitarian Thug]

8. Tolerance of outrages like this are what makes me so cynical and pessimistic about the future here

in Work Camp America. Our thoughts are with your son.

And to all you "Occupy is dead" assholes, fuck you. This man is fighting for you and you repay his sacrifice with scorn.

[sabrina 1]

40. 'To all you "Occupy is dead" assholes, fuck you'. I second that!

[Tsiyu]

49. And I third it

These kids are the footsoldiers in the war against the common man and women.

They've got more courage, fortitude and respect for this country's ideals in their PINKIES than the "OWS is Dead" cretins have en masse.


The cops are the useless cowards here.....

[SammyWinstonJack]

74. ...to all you 'Occupy is dead' assholes, fuck you.

[Blue_Tires]

78. +1

[anneboleyn]

109. The very best for your son. This is just awful.

[TeeYiYi]

9. More power to your son...

...He has the strength of his convictions while doing the heavy lifting for the rest of us. Give him my love.

TYY

[mrs_p]

11. I'll be keeping all of you in my thoughts

Is there anything we can do - write a letter or something?

And, kudos to you for raising someone with integrity and courage.

[catnhatnh]

13. Thank you...

Because the video was found I believe he's going to be fine. Just let people know that occupy is what we all would have been back when we truly believed and that they deserve a fair airing of grievances-their's are a lot like ours.

[mrs_p]

14. agreed

[Tigress DEM]

25. Maybe just 1000 or so post cards, "THE WHOLE WORLD IS WATCHING YOU NYPD - DO THE RIGHT THING"

What is the address of the Court House? Who is the presiding judge?

[benjaminballen]

48. LOL

If I experience ANY bias in the courtroom...EVERYONE will be able to contact her...TRUST ME!!!

[alcibiades_mystery]

12. Let me reassure you: nobody, but nobody, gets time for violations in NYC

There are three kinds of offenses:

Felonies
Misdemeanors
Violations

Violations are the least severe "breakings" of the law. Loitering a violation in the New York Penal Code. It is not even a misdemeanor, in other words. Violations are usually adjudicated in desk appearance court. Here's what happens there when you contest a charge 9a desk appearance ticket) - your son's "trial." The judge asks you what happened. The judge asks the prosecutor what happened. The judge asks the police officers (who must be present) what happened.

Every single time I have seen a contested charge in desk appearance court (in Queens county), the judge has dismissed the charges. Every time. Mostly, it's been project kids who were given a desk appearance ticket for "Open Alcohol" and who say "I wasn;t holding the beer." The cop says "Yes, he was," and the kid's all like 'Nope." Dismissed.

In any case, nobody is going to "prison" (even a misdemeanor conviction wouldn't result in prison time, since prison is 1 year+1 day or more, while under 1 year is jail). Even if your son is convicted of loitering, it will be a $200 fine or 30 days, and you'd have to be a damn fool to take the 30 days over the $200 fine (I've seen some homeless people take the time, eliciting gasps from everyone in the room).

So, you should probably calm down. Nobody's going to Rikers on a loitering charge.

[pinboy3niner]

16. Thanks for the good info

And during the past year, we've seen Occupy cases being dropped or dismissed right and left--not just in NYC, but all over the country.

There's good reason to be optimistic.

[catnhatnh]

17. Thanks

I believe he'll walk and my son Ben believes he'll walk. The only thing is this-why in the "Land of Freedom" does my son face the caprice of a judge for exercising a right guaranteed by the founders of this country? Why does filming the arrest of a dancer hazard a year in prison while destroying a national economy brings rescue from the federal government? Bankers got bonuses and MY kid lost his job. Those bastards get a lovely resume while my son gets a blot on his record?

[alcibiades_mystery]

19. Actually, since loitering is a violation, he is only at risk of 15 days in jail

I was wrong about the 30 days earlier. Violations have a maximum jail term of 15 days in NYC. He is probably misunderstanding his charge as a misdemeanor, which can carry up to 1 year in jail. His charge is a violation: even a crazed, anti-occupy lunatic judge could not give him more than 15 days.

Violations are the equivalent of a speeding ticket or the like, so if it's a blot on his record, it's a fairly minor one.

[sabrina 1]

41. Those are all good questions that require answers and we should keep asking them until

we get answers.

The truth is that those 'bastards' own the police in this country, especially the NYPD. We were too complacent while they were grabbing power. Now it is more difficult as they have accumulated so much power, they own many of our politicians and the police.

That is why OWS is so important and so needed.

[benjaminballen]

45. clarifacation

I am being charged w/ loitering and resisting arrest<<<possible 1 year sentence....and FTR I have seen MANY occupiers do decent stints on rikers for less!!! #js

[alcibiades_mystery]

59. Resisting arrest (without violence) is a Class A misdemeanor

and does qualify for up to a year in jail. Of course, almost nobody actually gets that.

The loitering charge itself is a violation and you cannot under NY law receive more than 15 days for any one charge. I doubt occupiers or anyone else is sentenced to jail time for violations, at least with no "out" for paying a fine (10 days or $75, etc.). On the misdemeanors, it is also very rare to be sentenced to jail time for a first offense. I'd be curious to hear about the charges and sentences of your occupy friends doing time in Rikers.

[The Wizard]

84. How many people who get arrested on false

or weak charges don't get charged with resisting. All you have to say is "Why am I being arrested?"
Everyone gets charged with resisting and a nail clipper could be construed as a concealed weapon. Unreasonable, unaccountable and unrestrained law enforcement is part of the reason bin Laden won.

[druidity33]

106. it sounds like you know the ropes here.

Do you have particular experience regarding Occupy cases? NYC in general? I got the impression they were sometimes treated differently given the politics involved...

As for a 30 day stint not affecting your record... some of us worker ants fill out standard application forms that have That line where it says, 'Have you ever been convicted before?' Beyond a dishwasher gig, you won't usually get a callback... just sayin'.

[alcibiades_mystery]

108. I have plenty of experience with the NYC courts system...on all sides!

I also have some experience sitting in a cell as a result of protests arrests, but that was long before Occupy was around.

A violation is not technically a conviction, and those forms usually specify.

As for the "worker ants" business, I'm a worker, too, so I'm not sure why I needed that information. Have a nice evening.

[MrMickeysMom]

15. Thank you for introducing your son to me...

OWS does speak for me.

Please let us know what the outcome is!

[shireen]

18. agree

your son was representing us, and I am grateful.
You raised a pretty awesome kid!

[Bonobo]

20. Fuck people that criticize OWS.

First true movement I have seen in decades worthy of support.

Maybe it has come too late for a brain-dead, soul-dead party that no longer recognizes itself in the mirror.

[sabrina 1]

42. I absolutely agree. I am very suspicious of those who claim to be Democrats

who come here and slam, with mostly right wing talking points, the first real people's movement I remember since the anti-war movement, which seems to have disappeared.

But they are probably best ignored. All they do is repeat the same old ridiculous talking points over and over again. The same ones we heard on Fox btw. 'What do they waaaaant', 'they need to have a coordinated message' 'why don't they have a leader'. 'they need to get involved in politics' etc. etc. I remember in the beginning hearing all these phony criticisms from the morons on the MSM, seeing them repeated here is pretty sad.

[Pharaoh]

21. He is a heroe

in the resistance movement spreading worldwide!

I would be ever so proud to have a son like him.

"Never do anything against conscience even if the state demands it"

Albert Einstein

[nolabear]

22. Please thank your son. He's in very good company.

Being arrested for appropriate civil disobedience is as American as it gets. I'm heppy to see from other posts he's not likely to serve any time. As it should be. Blessings to all of you.

[one_voice]

23. Best wishes to your...

son! He's a brave young man, you must be proud! I hope you keep us updated, I will be looking for good news.

[grantcart]

26. I don't agree with everything that the OWS is doing but I am so encouraged that there are

some young people willing to stand up, and get arrested.

I am very proud of my two daughters but would be even prouder if I heard that they went to a protest march on their own without having been Shanghaied by their Dad.

[catnhatnh]

28. I get them....

...and our politics are different. His wife is way Libertarian and Ben is willing to support the occupy thing all the way. Obama is no God to them. But it appears my son supports stuff written into our constitution. From that basic belief only good things can happen.

[Tigress DEM]

27. HEY KID!! Thank you for your service!!

My Auntie has this "thing" about walking up to police and soldiers and thanking them for their service... because most of them are decent types putting their lives on the line.

BUT I have taken it to the other side and walked up to farmers at the farmers market and THANKED THEM for their service to the country. After all, no farmers, no food, no food, no body lives to fight about a damm thing.

AND THANK YOU KID FOR YOUR SERVICE. For standing up and speaking TRUTH to POWER because YOUR act of patriotism makes the whole living thing worthwhile. When any one of us is crushed, we are all diminished and your victory will be our victory.

THERE IS A BATTLE on the HOME FRONT, OWS is on the front lines of the War on Free Speech, the War on Independent Thinking and the battle to tear down our rights to peaceful assembly.

[ReasonableToo]

57. Yes!

May the courts correct the broken NYPD for your son and all the others who are serving their country.

The lawsuits are costing taxpayers - not only to adjudicate wrong arrests but also the countersuits and judgements against police departments all over the country.

It would be nice if the taxpayers see the need to rein in the police.

I'm a proud supporter of OWS!

[Smarmie Doofus]

29. Keep us posted re. trial. I doubt if the media here will.

Bloomberg and his class have purchased the government, the police AND the media.

Do NYers need a fucking HOUSE to fall on us to wake up to what's happened?

[Cane4Dems]

30. I wish your son all the best! I hope he will be able to avoid jail time!

[roguevalley]

31. OWS saved this country from being sliced and

diced. they changed the narrative and the world. I. LOVE. OWS. Your son is my hero. Tell him an old lady in Alaska loves him.

[spanone]

32. knr

[Smickey]

33. Thank him from me and mine.

[Arugula Latte]

34. Proud to be rec. #100

[pinboy3niner]

35. I suspect that he'll keep fighting the good fight...no matter what

Good boy you got there. What did you do right?

Good vibes to him. Please keep us posted, catnhatnh .

[SunSeeker]

36. I appreciate your son's service to our country.

[midnight]

37. My thoughts will be with your son this next Monday Oct. 1 Does he have a lawyer?

I sure hope so... Hopefully your beautiful grandchildren will be able to keep their dad with them after this hearing on Monday....

[sabrina 1]

44. The OP said he is being represented by the National Lawyers Guild. They are wonderful and have

been present at all the protests and in court, and winning, for the protesters. They are a fantastic organization who made themselves available to OWS from the beginning. Without them, I think many of the protesters would still be in jail.

[midnight]

85. Thank you Sabrina... This is so good to know...

[donheld]

38. As a person from Occupy Denver

I hold your son in great respect. I've seen close and personal what the police do. I've been to court several times over the last year for Occupy Denver cases. I'll be pulling for your son. Please keep us updated.

[M_M]

43. A year for LOITERING???

[Jennicut]

82. Very outrageous but it does happen.

This is a very good article on how misdemeanors are anything but minor.
http://www.slate.com/articles/news_and_politics/jurisprudence/2012/04/misdemeanors_can_have_major_consequences_for_the_people_charged_.2.html

"The repercussions of a petty conviction can be anything but minor. These offenses are increasingly punished with hefty fines that low-income defendants cannot pay. A conviction of any kind can ruin a person’s job prospects. A petty conviction can affect eligibility for professional licenses, child custody, food stamps, student loans, and health care or lead to deportation. In many cities, a misdemeanor makes you ineligible for public housing."

It is pretty disgusting what they are charging this man with. A lot of times people arrested on misdemeanors are told to plead guilty and get away with a fine and probation but then they have that on their record.

[benjaminballen]

46. For the lulz...

Last edited Thu Sep 27, 2012, 05:10 PM - Edit history (1)

I welcome any of you to check out my facebook page and judge for yourselves!!! All videos and pics to be used as evidence posted today! I have nothing to hide>>> https://m.facebook.com/home.php?__user=100003151294952#!/benjamin.allen.35?__user=100003151294952 ...how bout you NYPD???? #NOTGUILTY -BENJAMIN ALLEN

[sabrina 1]

50. Lol, good for you! They've been losing every case BECAUSE of the videos.

That was the best advice OWS got in the beginning, to videotape every arrest. No wonder the cops hate video. I heard one of them said he hates Utube, because that is where all their thuggery was posted. Imagine how much worse they would be if they didn't know they are being filmed.

I think that's why they went after you, you were taping them making a false arrest and they can't lie and get away with it when there is video evidence, as has been happening in the cases that went to court so far.

Good luck and welcome to DU. Keep us posted on what happens.

[Tsiyu]

51. HEY! Didn't see you were here til just now

Thanks for all you've done and will be sending good vibes Monday.

You have a mass of support here on DU; ignore the idiots who wouldn't fight their own way out of a paper bag.

You kids and others of OWS are the only true group of heroes we've got in the US today. You're not getting paid to fight for the rest of us; you're getting shit on left and right ( and by the left and the right ) yet you are doing all the dirty work of waking this nation up from its long stupor.

GO BEN!

[Tsiyu]

47. Your son is a hero

I hope the judge in the case believes in the First Amendment.

I will be thinking of him on Monday.

Had two kids go to OWS, and one lost a lot of property in the crackdowns.

They see how low America has sunk when it comes to supporting the right to assemble and the right to free speech.

kudos to your boy, and good luck to him in court.

[HiPointDem]

52. kr

[Bernardo de La Paz]

53. New tactic for protesters: automatic upload to social media while videoing and making stills. nt

[Surya Gayatri]

54. You raised a good 'un, catnhatnh. Sending positive thoughts

for a just outcome.

[Scootaloo]

55. I can't help but notice all the people NOT in this thread.

The ones that have been thumping their chests and pretending to be Thomas motherfucking Paine about free speech - so long as it's hate speech. Maybe if your son had more in common with Pamela Gellar, they would be concerned.

Anyway...

Good on your kid for standing for what's right. Here's hoping the pigs are laughed out of court; it's a house of justice, not a fucking barn.

[2pooped2pop]

56. make sure you have the aclu lawyers involved

Thank your son and tell him to hang on. The pepper spraying college had to pay quite a bit to the kids who were sprayed. It will take time but hopefully your son can get a cash settlement that will help to keep him filming. The police have gone police state and the lawsuits are justified.

Good luck to you all and thanks to your son.

[myrna minx]

58. You have a beautiful family and a very brave son.

My support is with you all.

[jerseyjack]

60. I recall that loitering laws were declared unconstitutionally vague years ago.

[rosesaylavee]

61. K&R

[lunatica]

62. I love all the hard nosed OWSers!

All along I've felt the courts would be round 2 in this fight. They will win too.

Who says the OWS is dead and gone.

[Victor_c3]

63. people like your son are the true heroes out there, not military guys like me

Unfortunately, I'm willing to bet that most people don't see it that way.

Your son is a true patriot and has a lot of courage to stand up for what is right in our country. He has my utmost respect.

[Burma Jones]

64. That's a Good Boy you got there

Must have had a good upbringing.....

THANK YOU,

from a Father of three

[progressoid]

65. You should be proud.

Here's to a successful outcome for him (and OWS).

[AzDar]

66. K & R

[DLevine]

67. Thank you. K&R. n/t

[Bluenorthwest]

68. Occupy! You son is a hero.

I hope some of the posters here who oppose Occupy and even the anti Free Speech posters who stand with NYPD will take a look at what courage is all about and reconsider their own craven authoritarian paths.

[mountain grammy]

69. As a mother, I too am proud of your son

and all the OWS people who have dared to stand up to out of control "law enforcement." I saw it with my own eyes in Denver. Americans, it's time for action! Cops in riot gear against peaceful protesters, where have we seen that before?

[porphyrian]

70. Replace your state and local Congress people and change that law back.

This isn't a short term solution, this is what New Yorkers must do to take the power back. I hope your son and family make it through this. I'm sorry.

[Odin2005]

71. K&R

[DonRedwood]

72. CHANGE .ORG PETITION? WE WOULD ALL SIGN IT!

[mstinamotorcity2]

75. Our Support

is with you and your Son.All Day All Week OWS

[Harriety]

76. I thank your son for being the person he is....

[DevonRex]

77. Wow! Your son is handsome and your grandkids

made me catch my breath with their sheer beauty - the kind that shines from within. I'll be praying for your son.

[freshwest]

92. +1

[closeupready]

79. He's a hero!! K&R

nt

[renie408]

80. Please tell your son thank you.

[vaberella]

81. I sympathize with your son. But he DOES NOT speak for me, nor does OWS. Thank You.

I speak for myself and I fight for our rights. But I also do not claim to speak for others, nor would I assume so. There are good people in OWS and I think most people would attest to that. As there are good teabaggers. But there are also bad people and I find with OWS---the disorganization is not productive.

However, that has nothing to do with police abuse which is all over--they aren't even in the same debate. Police Abuse and any political movement are two different things to me because Police Abuse is on all fronts and as such need to be addressed. I hate cops for many reasons and this just adds to my hatred of those guys. Your son being part of the OWS is not the issue---they just want to expand their muscle and so cops do dirty shit.

[The Wizard]

83. Mayor Goonberg

could use a good smackdown. His Napoleonic tendencies hurt all who challenge his iron hand.

[duhneece]

86. Am praying/sending good vibes to your hero-son

I wish I could do more.

[Fantastic Anarchist]

87. Kudos to your son.

We are all looking at the abyss, and your son is on the front lines. Some laugh, mock, and deride him, but we could all be in his situation.

Today, tomorrow, and next week, we are all your son.

Oh, and fuck the police.

[OldDem2012]

89. It's time to curb police powers in this country...

...and put some real teeth in legislation designed to curtail abuses like this.

I'm a former vet, and I didn't serve my country only to see it become a police state.

[lebkuchen]

90. I'm surprised NYC has the $$ for such petty issues

I've never been to NY, but strong-armed police scare me. Germany used to be like that. It isn't anymore.

He won't go to prison, and I applaud his power to protest.

[crunch60]

91. Thank your son for me, I hope he gets his property back. OWS is our hope for the future.

[arthritisR_US]

93. Beautiful family! There is a special place in

Hades for those who did that to him... may he be completely exonerated!

[WillyT]

94. HUGE K & R !!!

[malaise]

95. DUers in his part of the country should show up in court

to give him support
Hug that young man.

[Dont call me Shirley]

96. Thank you brave patriot!

[chuckrocks]

97. Brave Man

Those boys have a great role model.

[Blanks]

98. The police, judges, and attorneys for the city...

...are part of the 99%. In the end perhaps some of them will realize they are being exploited by the 0.1% to protect the interests of the wealthy. Perhaps at some point they too, will become a part of the movement.

The original Boston tea party took place years before the Revolutionary War. Not everyone in America supported the revolution. Anyone who thinks that the Occupy Movement has failed doesn't understand that real change doesn't happen over night. We are only just now getting to where we would should be with respect to gay marriage, and look at how long that battle has been going on. As long as people are talking about the movement; it is alive.

It takes a few people with guts to start such things; folks who don't worry about the immediate consequences. I commend your son for being among those folks with the guts to join the movement.

I hope he wins, and even if the cop and the prosecutor and the judge don't know it; it is a victory for them as well.

[valerief]

99. Your son is so brave to be on the front lines of the REAL WAR.

I hope the trial goes in his favor. OWS is the fight for freedom in action.

[benjaminballen]

100. catnhatnh's son here!!!

As I have nothing to hide, link to my FB https://m.facebook.com/home.php?__user=100003151294952#!/benjamin.allen.35?__user=100003151294952 #GOODLUCKNYPD

[PufPuf23]

101. Best to you Benjamin.

You are a hero.

Nice family.

Hope you benefit from a civil suit.

[WillyT]

103. Good Luck To You... And, THANK YOU !!!

[nashville_brook]

104. you're going to beat this -- and sue the shit out of them.

Thank you for supporting Occupy! I'm so sorry this happened.

I'm sure you've already done this, but if not contact your Occupy legal team and get some help with the case.

[DonCoquixote]

102. no ofeense to any soldiers

But this guy has done the same as ther folks fighting in Iraq, save that he focuses on the Domestic enemies.

[limpyhobbler]

105. Your son is a righteous dude and you are a cool Mom. nt.

[WinkyDink]

107. I envy your son his courage. May justice prevail in his trial.

[girl gone mad]

110. k & r

[Liberal_in_LA]

111. k&r

[benjaminballen]

112. UPDATE

ALL CHARGES DROPPED AS OF EARLY FEBRUARY (TOOK ALMOST 1 YEAR TO THE DAY)!!! I WILL DO AN OFFICIAL WRITE UP OF THE EXPERIENCE SOON!!! ALSO 2 LAWSUITS IN THE WORKS... USE OF EXCESSIVE FORCE...THEN FORCED IRIS SCANS!!! WISH ME LUCK!!! THANKS FOR ALL THE SUPPORT!!!!!!

[benjaminballen]

113. ANOTHER UPDATE FOR THOSE INTERESTED IN THE OCCUPY WALL STREET IRIS SCAN CASES

First case was rejected...Appeal in the works...background info here>>> https://www.indiegogo.com/projects/lebowitz-and-stephan-v-city-of-new-york (not my case)