Trial Resumes Monday for Occupy Activist Cecily McMillan: Faces 7yrs in Prison After Beating by NYPD Left Her Unconscious

[NEW YORK, NY]  After two years of delays, trial will begin for Occupy Wall Street activist Cecily McMillan.  Set for this Monday, April 7th at 9:30am at 100 Centre St Room 1116 Part 41, Cecily’s case marks the last ongoing Occupy trial.  On March 17th, 2012 Cecily was sexually assaulted by a plainclothes NYPD officer and then beaten unconscious by police when she attempted to leave a gathering marking the 6 month anniversary of the inception of Occupy Wall Street.  In the wake of this attack she endured, Cecily faces a charge of 2nd degree assault on a police officer.

cecily mcmillanCecily McMillan  |  Illustration by Molly Crabapple

The heavy-hand of Cecily’s prosecuting attorney has led some activists to speculate that her political organizing within Occupy Wall Street plays a role in the prosecutor’s unwavering position. Others attribute the city’s stance to an unwillingness to admit guilt in the grotesque display of police misconduct on the night of Cecily’s arrest. Cecily’s firm commitment to nonviolence makes these charges even more absurd.

A chilling tone has already been set by Judge Zweibel, who refused to grant a pretrial motion filed by Cecily’s attorney Martin Stolar seeking to open the personnel file of Cecily’s arresting officer.  Officer Bovell’s file (if admitted by the court) shows a pattern of reckless behavior and aversion to conduct becoming to his uniform.  Judge Zweibel’s interpretation is that Bovell’s history, albeit checkered, is ‘irrelevant’ to Cecily’s case and subsequently Judge Zweibel is setting a troubling precedent for all activists and victims of police brutality. Marty Stolar submitted a second argument of the motion, calling Zweibel’s decision too narrow.

Supporters of McMillian are calling on activists and friends to #PackTheCourts and serve as witnesses each day of the proceeding. Supporters will be gathering before court April 7th with free breakfast provided by the Cargo Bike Collective and Occupy Guitarmy starting at 8am and a press conference with Cecily’s attorney Marty Stolar at 9am.

COURT SCHEDULE:
Room 1116, Part 41 @ 100 Centre St.
(All Sessions from 9:30am-4:30pm)
PRESS CONFERENCE AT 9AM EST 4/7*

You can stay up to date with Cecily’s support by texting  ”@CecilysTrial” to 23559, or by visiting http://JusticeForCecily.com, updates are also regularly posted via Facebook HERE.

According to the National Lawyers Guild, McMillan’s case is one of the last court cases stemming from Occupy Wall Street remaining on the docket.  It may also be one of the most consequential.

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More information on how to support Cecily McMillan can be found HERE. Journalists who would like to obtain comment from McMillian or her legal team can contact Stan Williams at 256-323-1109 or via email at t4swillia3@gmail.com as well as Lucy Parks at 540-810-5531 or via email at wegrewuptwofast@gmail.com Members of Cecily’s support team, including her attorney Marty Stolar can be reached at the following: Lauren Wilfong at lmw337@nyu.edu & 413.207.4207, Drew Mitchell at drew.mitchell@fandm.edu & 203.722.1524 and Attorney Marty Stolar mrslaw37@hotmail.com & 917.225.4596

Comments

4 Comments so far. Leave a comment below.
  1. Anthony,

    This is a shining example how corrupt things are in this country. The prosecutor is just fanning the flames to this whole occupy movement. Just because he might have a cop buddy or be related to some dick banker. I fear for the wealthy. No one wants to see innocent people get hurt be it during a protest or while they sleep In there beds. With as much anger that the lower and disappearing middle class shows for the wealthy. Whom I might add the wealthy have ruled this country from day one. I don’t know if I wish to stay in the United States any longer. I have a family and worry that the civil turmoil of the 1960’s with repeat it self.

  2. The first thing done in laying a Criminal Charge is the “sworn” Information by Police.

    This initial “sworn” information was done prior to any influence to alter the story to comply with Video or Witness evidence that might conflict with trial testimony by police.

    If Police are found to be lying once, then Reasonable Doubt has been established. The Judge would have to direct the Jury to acquit.

    Good Luck

  3. 2)
    Sounds like you should be acquitted on the grounds of unnecessary / excessive use of force.

    “Cecily was sexually assaulted by a plainclothes NYPD officer and then beaten unconscious by police when she attempted to leave.”

    3)
    what is relevant is How many other Protesters were assaulting Police that day? and subsequently sustaining grievous bodily harm ?

    Good Luck
    Dennis Baker

  4. The California Supreme Court’s decision in Pitchess v. Superior Court, allowing defendants access to police officer employment files under certain specific circumstances, was intended to strike a balance between a criminal defendant’s right to a fair trial and a legitimate interest in maintaining the confidentiality of police officer employment files

    the Pitchess process goes well beyond stopping “fishing expeditions” and ultimately shields police officers engaged in ongoing acts of misconduct from public scrutiny. Two aspects of the Pitchess process in particular appear to exist for the sole purpose of providing additional, unnecessary barriers to officer employment files

    Cecily McMillan It would seem to me that previous complaints filed against the police involved should have been granted, and an appeal of that ruling should be launched,
    Perhaps your lawyer could ask the judge to adjourn the trial till an outcome on the Appeal

    Canadian Law
    R. v. McNeil 2009 SCC 3 : Handing Over Records of Police Misconduct

    A Supreme Court ruling issued on Friday now requires the police to hand over records of the discipline and misconduct of its officers as part of its disclosure obligation to the defence in criminal proceedings. The ruling in R. v. McNeil 2009 SCC 3 advances the transparency and accountability of police officers by routinely opening up police records for inspection by accused persons

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