« Georgia Supreme Court rejects attack on execution drug secrecy | Main | "Save money, reduce crime: Alternative sentencing works, so Ohio needs to do more of it" »

May 20, 2014

Occupy Wall Street activist sentenced to occupy jail for three months

CecilyAs the New York Times reports here, a "woman whose assault case had become a cause célèbre, first among Occupy Wall Street supporters and then expanding well beyond the movement, was sentenced to three months in jail on Monday, as a judge rejected calls for her immediate release." Here is more about a high-profile state sentencing that occurred yesterday in Manhattan:

The woman, Cecily McMillan, 25, a graduate student at the New School and a volunteer labor organizer, was convicted two weeks ago of assaulting a police officer at Zuccotti Park in Manhattan in 2012.  Before the sentence was delivered, Ms. McMillan remained mostly defiant, even as she characterized the encounter with the officer as “an accident.”.....

But Justice Ronald A. Zweibel, who had remanded Ms. McMillan on May 5 after the four-week trial, imposed the jail sentence that prosecutors had requested, rather than release her on probation, as her lawyers had urged.  She could have faced a maximum of seven years for the second-degree assault.  “A civilized society must not allow an assault to be committed under the guise of civil disobedience,” Justice Zweibel said....

Upon her conviction, Ms. McMillan’s supporters wrote scores of letters to Justice Zweibel, urging him to be lenient.  Five City Council members delivered the same message on the steps of City Hall, and the Russian activists Pussy Riot, who were recently imprisoned for criticizing President Vladimir Putin, visited her on Rikers Island and called for her release. An online petition calling for leniency garnered 160,000 signatures....

Before sentencing, Shanda Strain, an assistant district attorney, said Ms. McMillan deserved a three-month stay in jail because she had falsely accused Officer Bovell of grabbing her breast, lying under oath “to avoid responsibility for her actions.”

“This trial was not a referendum on a large social cause or movement, though the defendant tried and continues to try to make it just that,” Ms. Strain said. Then she added, “In essence, she has repeatedly argued that the rules should not apply to everyone equally — that defendants who are politically motivated deserve special treatment.”...

Ms. McMillan’s lawyer, Martin Stolar ... told the judge that the bruises and mental trauma that Ms. McMillan had suffered during her arrest were punishment enough.  “You touch a police officer and get the hell beat out of you,” he said outside court.  “That’s what happened to her. That’s enough of a deterrent.”

Ms. McMillan also received five years of probation, and was ordered to undergo a mental-health evaluation and treatment.  Mr. Stolar said he had filed a notice of intent to appeal the verdict, and had asked that his client be granted bail pending the appeal.

May 20, 2014 at 08:32 AM | Permalink

TrackBack

TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d83451574769e201a511bbe270970c

Listed below are links to weblogs that reference Occupy Wall Street activist sentenced to occupy jail for three months:

Comments

“A civilized society must not allow an assault to be committed under the guise of civil disobedience,” Justice Zweibel said...."

Nor a supposed "Judge" (It is amazing how many are ex-crooked prosecutors) to run roughshod over the sheeple.

How many ex-first responders from NY's Finest, Bravest and Strongest (gag) are now fraudulently collecting SSI disability.

I believe McMillan, and not the testilying cop(s), who seem to have free reign to kill people, dogs, etc. and have the DA turn a blind eye.

Posted by: albeed | May 20, 2014 11:54:14 AM

“Before the sentence was delivered, Ms. McMillan remained mostly defiant, even as she characterized the encounter with the officer as “an accident.””

 I would have been surprised had she admitted the truth. The rape tents, the public defecation,
the vandalism and assaults which characterised OWS from NYC to the Bay were not coincidentally related to the underlying philosophy of anarchy. Guy Fawkes mentality and unscrupulous ethics necessarily precipitated violence and debasement.

e.g.
| Three Occupy Oakland protesters arrested for robbery and a hate crime … Oakland Tribune | 03/02/2012

OAKLAND -- Three Occupy Oakland protesters … were charged with the felonies by Assistant District Attorney Paul Hora. All remain jailed at Santa Rita Jail in Dublin. …
Other possible suspects are being sought by police, said Sgt. Randy Wingate, the lead investigator.

A protester punched the woman [Wingate], and she was bruised and scratched in the altercation ... also verbally abused, including making derogatory remarks
about her perceived sexuality, when she told them not to riot in her neighborhood, Reuters reported.
[A] handful of protesters quickly surrounded her and prevented from leaving the area. Her wallet was taken from her purse.
Among the evidence against the three, besides the 42-year-old victim identifying them, is a video of the confrontation … which police viewed on the Internet.

Posted by: Adamakis | May 20, 2014 12:14:21 PM

I hope she gets some reading done whilst she is in Jail. I would recommend "The Story of My Experiments with Truth" by Mohandas K Gandhi. She might learn something about non-violent protest.

I am basically an anarchist and have little use for the police, per se. On the other hand, I have never had any trouble, with any police, anywhere, ever. The reason for that is very simple, having no use for the police, I stay away from them. Messing with police is like playing with an open flame. Don't touch the fire if you don't want to get burned.

Posted by: Jardinero1 | May 20, 2014 2:23:49 PM

Jardinero1 might have use for the police if s/he was involved in a serious crime and/or lives in certain types of areas, though clearly the latter esp. is a mixed bag in practice.

The full article discussing the details is informative. Her case seems pretty atypical & the sentence seems reasonable given all the facts. Best to remain agnostic there.

Posted by: Joe | May 20, 2014 2:42:28 PM

Make no mistake about my position, I was vehemently opposed to the "Occupy Wall Street" protesters and what they supposedly (real journalism is hard to find) stood for. However, unlike college educator Adamakis, I can comprehend two distinct thoughts at one time.

Please review Scott Greenwald's view of the McMillan case found on his Simple Justice Blog from May 10, 2014. "Latitude and Longitude: The Conviction of Cecily McMillan".

Which is the greater evil, an idiot protester or someone who is beaten and abused first by LE and then by the Justice System. I do not worship at the altar of LE and American Justice as it is currently practiced.

Posted by: albeed | May 20, 2014 3:27:17 PM

“ I believe McMillan, and not the testilying cop(s), who seem to have free reign to kill people, dogs, etc. …” Posted by: albeed
OR
“A jury found Cecily McMillan, 26, guilty of felony”

So which unfounded story of hers do you believe:
 (1.) “She testified that she didn’t remember what happened after she was arrested”;
 (2.) “McMillan .. insisted to the judge that she was innocent. .. [it was "an accident”] .. and claimed she suffered a seizure …”; or
 (3.) "She testified .. that she elbowed Police Officer Grantley Bovell in the eye after he grabbed her right breast."
[“Prosecutors say she perjured herself in court when she falsely accused Officer Bovell groping her breast.”]

▼ But prosecutors said McMillan .. was angrily yelling at cops … before she attacked the cop [which gave the officer a black eye, ed.] and tried to run.
▼ [“Prosecutors claim she fabricated the breast-grab defense two years after the incident.”]

▼“Given her conduct and ongoing defiance, the judge could easily have gone for a harsher sentence.”
▼ “Last December, she was arrested in another incident, this time for falsely claiming she was a lawyer and cursing cops (she wished their wives and children dead)
in an attempt to prevent them from issuing a summons to a third party.”

▼ “A damning video played at trial showed Bovell escorting McMillan out of the park when she suddenly crouches down and jumps up, clocking him in the eye.”
--- “The video shows McMillan as the aggressor. And the report from her hospital visit that night showed no bruises.”

-- //nypost.com/2014/05/19/ (multiple)

Posted by: Adamakis | May 20, 2014 4:08:45 PM

Quoting verbatim from Pravda and Isvestia never got Russian "journalists" in trouble either.

That the NY Post quotes directly from a potential Kangaroo Court has no meaning for me whatsoever. However, if even 10% of the alleged miscarriages of justice in the Simple Justice reporting occurred, there are serious problems in this country. Hell, in my neck of the woods, another dog fenced in its own back yard and minding its business was shot and killed by our brave boys in blue and not a peep from the Chief or local DA. Tell you what, you go after the NYC disability frauds first and then get back to me.

Posted by: albeed | May 20, 2014 7:01:35 PM

How can intellectual curiosity transform into active promotion of a dangerous lie?
Why so many ‘useful idiots’?

©http:www.bbc.co.uk/worldservice/documentaries/2010/07/100624_doc_useful_idiots_lenin.shtml

Posted by: Adamakis | May 20, 2014 9:40:51 PM

Joe, I developed my views on the police when I lived in "certain types of areas" and was a victim of "serious crimes" on more than one occasion.

Posted by: Jardinero1 | May 21, 2014 12:30:44 PM

ouch albeed!

" Hell, in my neck of the woods, another dog fenced in its own back yard and minding its business was shot and killed by our brave boys in blue and not a peep from the Chief or local DA."

Your awful forgiving there. Here I don't give a shit who you THINK you are! Who you THINK you work for! or any damn thing else. Kill my animals on MY property and your ass will simply be DEAD. As for the gov't fuckups who call themselves a Chief of Police and DA in your area. They would also be DEAD for the crime of ACCESSARY AFTER THE FACT!

Posted by: rodsmith | May 24, 2014 2:29:24 AM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB