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Earth_First

(14,910 posts)
Thu Jan 12, 2012, 05:09 PM Jan 2012

Breaking News from OccupyRochester: All charges have been dismissed without prejudice

Today in Rochester, N.Y. city court, 28 activists who were charged with tresspassing and municipal curfew violations as a result of arrests made during the early morning hours of October 29 reappeared in court in front of Justice Thresea Johnson.

In previously hearing the motions to dismiss, it was unclear whether or not the court was prepared to further prosecute the charges or to dismiss the charges prior to today's apperance.

In the instance of the charges of tresspassing, the 28 OccupyRochester activists' motions to dismiss were granted and dismissed without prejudice. The charges relating to the curfew violations was dismissed as faulty and were additionally dismissed without predjudice.

The decision handed down today semi-vindicates the cases being dismissed as the courts being unwilling to rule on the Constitutional issue relating to the motions to dismiss. While the activists of OccupyRochester are no longer facing charges, the Constitutional ruling on the matter was hung out to dry.

In related news, the members of the OccupyRochester legal team were able to renegotiate the extension of the agreement with the City of Rochester, due to expire at 12:01 a.m. for another period of 2 months in length. This, with the city previously unwilling to renegotiate without a set end-date set by OccupyRochester.

All around two big wins today for the supporters of OccupyRochester and the solidarity movement of #OWS

Occupy2012

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Breaking News from OccupyRochester: All charges have been dismissed without prejudice (Original Post) Earth_First Jan 2012 OP
Victory!!! Zalatix Jan 2012 #1
Dismissals w/o prejudice, that allows the prosecutor to refile, can have a chilling effect on speech AnotherMcIntosh Jan 2012 #2
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