Occupy Wall Street Activist Found Guilty of Assaulting Police Officer [View all]

[Hissyspit]

Source: The Guardian

Occupy Wall Street activist found guilty of assaulting police officer[

• Cecily McMillan faces up to seven years in prison
• Occupy protesters shouting 'shame' led out of courtroom

Jon Swaine in New York
Monday 5 May 2014 15.17 EDT

An Occupy Wall Street activist is facing up to seven years in prison after being convicted by a jury in Manhattan of assaulting a New York police officer as he led her out of a protest.

Cecily McMillan was on Monday afternoon found guilty of deliberately elbowing Officer Grantley Bovell in the face in March 2012. After a trial lasting more than four weeks, the jury of eight women and four men reached their verdict in about three hours.

Judge Ronald Zweibel ordered that McMillan, 25, a graduate student at the New School, be detained. He rejected a request from her lawyers for bail.

“I see absolutely no reason why a remand would be appropriate here,” said Martin Stolar, her lead attorney. “She is not likely to be somebody to cut and run.” Zweibel replied: “Remanded pending sentencing.”

Supporters of McMillan in the courtroom reacted furiously, shouting “shame” and screaming at the more than 30 police officers lining room 1116 at Manhattan criminal court. After half a dozen refused to leave the court, two were carried out by police officers.

Read more: http://www.theguardian.com/world/2014/may/05/occupy-wall-street-cecily-mcmillan-guilty-assaulting-police-officer

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Disgusting. This verdict is a joke.


Here's the backstory:

http://www.thenation.com/blog/179330-outrageous-trial-cecily-mcmillan

The Outrageous Trial of Cecily McMillan

Michelle Goldberg on April 14, 2014 - 2:05PM ET

Two years ago, a young activist named Cecily McMillan attended a protest at Zuccotti Park marking the six-month anniversary of Occupy Wall Street. When police moved in to clear the demonstrators, a cop roughly grabbed her breast—photos show an ugly bruise—and she ended up being injured so badly that she had a seizure and ended up in the hospital. In a just world, she would be getting restitution from the City. Instead, in a grotesque act of prosecutorial overreach, she's currently on trial for assault and facing up to seven years in prison.

According to prosecutors, McMillan, now 25, intentionally attacked her arresting officer, Grantley Bovel, by elbowing him in the face, and was then hurt when he tried to subdue her. She says that she instinctively struck out when she felt his hand on her breast, not knowing that he was a cop, and was then further assaulted.

Her story is more convincing for a number of reasons. McMillan, a veteran of the anti–Scott Walker protests in Wisconsin, was a dedicated pacifist; in Dissent, her masters thesis adviser Maurice Isserman writes about the "many and long discussions Cecily and I have had about nonviolence." Her injuries, which you can see in this Democracy Now! piece, are indisputable, particularly the hand-shaped bruise on her right breast.

Meanwhile, The Guardian, which has covered McMillan's case closely, reports that Bovel has twice been investigated by Internal Affairs, including for one incident in which he and his partner were alleged to have run down a 17-year-old on a dirt bike. He received a "command discipline" for failing to radio that they were in pursuit. In another case, he was filmed kicking a suspect on the floor of a Bronx bodega. (Unfortunately, the judge in McMillan's case has ruled against turning Bovel's internal disciplinary file over to the defense.) Austin Guest, a protester who was arrested the same day as McMillan, is currently suing him, claiming that Bovel purposefully bashed his head into the seats of a police bus as he was dragged down the aisle.

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And a response to the verdict:

http://www.theguardian.com/commentisfree/2014/may/05/cecily-mcmillan-occupy-guilty-police-violence

Cecily McMillan's guilty verdict reveals our mass acceptance of police violence

Monday 5 May 2014 15.17 EDT

The verdict in the biggest Occupy related criminal case in New York City, that of Cecily McMillan, came down Monday afternoon. As disturbing as it is that she was found guilty of felony assault against Officer Grantley Bovell, the circumstances of her trial reflect an even more disturbing reality – that of normalized police violence, disproportionately punitive sentences (McMillan faces seven years in prison), and a criminal penal system based on anything but justice. While this is nothing new for the over-policed communities of New York City, what happened to McMillan reveals just how powerful and unrestrained a massive police force can be in fighting back against the very people with whom it is charged to protect.

McMillan was one of roughly 70 protesters arrested on March 17, 2012. She and hundreds of other activists, along with journalists like me, had gathered in Zuccotti Park to mark the six-month anniversary of the start of Occupy Wall Street. It was four months after the New York Police Department had evicted the Occupy encampment from the park in a mass of violent arrests.

When the police moved in to the park that night, in formation and with batons, to arrest a massive number of nonviolent protesters, the chaos was terrifying. Bovell claimed that McMillan elbowed him in the face as he attempted to arrest her, and McMillan and her defense team claim that Bovell grabbed her right breast from behind, causing her to instinctively react.

But the jury didn't hear anything about the police violence that took place in Zuccotti Park that night. They didn't hear about what happened there on November 15, 2011, when the park was first cleared. The violence experienced by Occupy protesters throughout its entirety was excluded from the courtroom. The narrative that the jury did hear was tightly controlled by what the judge allowed – and Judge Ronald Zweibel consistently ruled that any larger context of what was happening around McMillan at the time of the arrest (let alone Bovell's own history of violence) was irrelevant to the scope of the trial.

In the trial, physical evidence was considered suspect but the testimony of the police was cast as infallible. Despite photographs of her bruised body, including her right breast, the prosecution cast doubt upon McMillan's allegations of being injured by the police – all while Officer Bovell repeatedly identified the wrong eye when testifying as to how McMillan injured him. And not only was Officer Bovell's documented history of violent behavior deemed irrelevant by the judge, but so were the allegations of his violent behavior that very same night.

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