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

[niyad]

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

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.

. . .


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

[Smarmie Doofus]

1. "The truth. And nothing but the truth." But not...

... the WHOLE truth.

>>>>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. >>>>>>>>

[JJChambers]

2. Excessive force by police should be prosecuted, but assaulting police shouldn't be ignored

She clearly assaulted the officer by elbowing him in the face, quite violently; watch the video. It's no surprise she was convicted.

[rhett o rick]

3. Until they start prosecuting police for their violence, her violence should be ignored. nm

[CrawlingChaos]

4. She was assaulted by that cop and acted reflexively to defend herself

The cop had grabbed her breast hard enough to severely bruise it and she swung her elbow up in defense. I was wincing at the hand-shaped bruise and trying to imagine how much that would hurt. Let me assure you, almost anyone would react similarly.

Here's Democracy Now's coverage which details what the cops did to her:

http://www.democracynow.org/2014/5/6/occupy_wall_street_on_trial_cecily

Btw, the same cop was filmed beating up other protesters later than evening, so his injuries could hardly have been severe.

[snooper2]

10. Wrong, she ran past and cross checked him so he therefore grabbed her ass and arrested her

facts shouldn't be inconvienent...

[CrawlingChaos]

18. Your statement about "facts" is dripping with irony

Fact: this young woman was known to be an entirely non-violent activist

Fact: the cop involved had a history of brutality

Fact: her breast was badly bruised

Or do you believe the thug cop who claims she assaulted her own breast to make him look guilty? Good lord...

[randome]

25. 'Entirely non-violent'. Um, obviously not.

Watch the video. Or do you think a jury of her peers all happen to be on the side of the police?
[hr][font color="blue"][center]Stop looking for heroes. BE one.[/center][/font][hr]

[CrawlingChaos]

45. Her history as an activist was entirely non-violent, as her lawyer explained

A fact that was hidden from the jury.

The cop, on the other hand, had a history of *numerous" incidents of police brutality, and was filmed later that night busting heads against the sidewalk. All facts that were hidden from the jury.

And you find the thug cop to be the credible one here?

[frylock]

6. is defending yourself against police brutality acceptable?

[morningfog]

8. Everyone has a right to self defense. The cop started it, his action was not lawful, hers was

justified.

[delta17]

11. Have you seen the video?

She clearly walks up, elbows him and runs away.

[warrprayer]

12. *** PLONK ***

[delta17]

14. Come again? nt.

[morningfog]

13. I've seen it, it clearly shows her throwing an elbow to break free.

[delta17]

16. It doesn't look like she was grabbed to me.

She was walking fast and threw an elbow at the cop. The video is pretty blurry though, so I could be wrong, though.

Based on other responses, like one up thread, it seemed like people didn't care about what really happened.

[niyad]

21. are you speaking of yourself?

[delta17]

30. I was speaking of post #3.

Saying that her violence should be ignored.

[niyad]

31. keep trying, I need the laughs.

[delta17]

33. I don't need to try.

The video of the encounter speaks for itself, and the jury agreed. Better luck next time.

[niyad]

34. you are, indeed, trying.

[delta17]

38. Trying to finish an oatmeal stout.

It got a 98 on Beer Advocate, and it is delicious.

[niyad]

20. so how do you explain that thug's fingerprints on her breast?

[TorchTheWitch]

27. now we're going to just make shit up?

There were no fingerprints on her breast. There wasn't even a bruise on her breast but on her chest above her breast which could have gotten their by her own arm underneath her body when she was tackled to the ground.

How do you explain that it was the prosecution that brought in the video evidence and the defense that argued that it was too unclear to show what the defense claimed happened?

[niyad]

29. not the one making things up around here, but, nice try.

[TorchTheWitch]

40. Like I said, that's above her breast

Notice how if her arm was closer to her side in that photo how easily that could have happened by her own hand. The size of her hand itself certainly does seem to match the size of this hand-shaped bruise.

And sorry, but I was right about who brought in the video evidence and who argued against it...

http://www.theguardian.com/world/2014/may/05/occupy-wall-street-cecily-mcmillan-guilty-assaulting-police-officer?INTCMP=ILCNETTXT3487
Prosecutors showed the jury grainy video clips of the incident, downloaded from YouTube, which they said proved McMillan deliberately struck Bovell before attempting to run away. Less than two hours into their deliberations, the jury asked if they could re-watch the video footage. They were given a laptop on which to view it in the jury room.

Stolar, who argued in court that the clips were not clear enough to prove anything, told the Guardian that he thought they were responsible for the conviction. "I think that is the only piece of evidence that a jury could hang its hat on,” he said. “On a quick glance without analysis, it looks like an assault. But it does not show what happened to Cecily."

--------------

All the people here screaming that the video shows that she was grabbed first as she claimed she was is not even what her own attorney argued.

Nice try.

As I've said many times here I can't tell what really happened in that video other than her elbow going back at the officer. What the prosecution described with her crouching down and then jumping up throwing her elbow into his face and proceeding to run away is pretty much what I see in that video. Not being able to see where he may have been touching her before she hits him I can't tell from the video. If other people believe they can then why don't they indicate where in the video she's being grabbed in the chest area or anywhere for that matter because so far all people have said is to "watch it". So explain to me where in that video what she claimed can be seen.

[delta17]

32. They tackled her after she elbowed the cop.

It is on video, I don't know why I have to explain this. Probably because it doesn't fit the narrative of Occupy=Good, Cops=Bad.

[niyad]

36. funny how most people do not seem to have seen the same video you claim to have seen.

[TorchTheWitch]

42. then show where in the video it shows what you and others claim

All I've heard from those people here that believe her claim of what happened is "watch the video". And I did. Many times. In zoom and slow motion as well. But I'm not seeing what she has claimed. All I see is pretty much what the prosecution described happened. I don't see him touching her anywhere going by the video. Her own counsel says that you can't see that in the video.

So if it's in that video surely someone that believes her claim can show where in the video what she claimed occurred. Time stamp, still frame with a description what where the officer's arm is in relation to her body... surely someone can do that.

I agree with her counsel in that the video is too unclear to see what it is that causes her to hit him with her elbow which CAN be seen.

[niyad]

19. did you SEE his damned fingerprints on her breast??

[sabrina 1]

43. If someone grabs woman from behind by her breast he not only deserves an elbow in the face, I won't

describe what I think the little coward deserved. And it doesn't matter whether he is a policeman or not. In fact the punishment for a cop should be more severe as they are entrusted by the people to protect them from that kind sexual assault.

Bloomberg's army, as he called them, correctly because they sure don't work to protect the people who pay their salaries, brutalize citizens on a regular basis. They are a SCANDAL RIDDEN dept that seem to operate with impunity when it comes to violence against citizens.

Shame on this country for brutalizing peaceful protesters which the whole world saw.

All this is going to do is make this woman a hero, an ICON against growing and more deadly police violence across the country.

This week in N. Mexico, the public has finally begun to fight back against these killer thugs.

She will draw attention to the growing disgust of citizens with what is laughingly called a 'civilian police force'.

[Vattel]

5. Finding her guilty is ludicrous.

She had a hand shaped bruise on her breast--undisputed. The video shows the cop's arm around her from behind. The video also shows that when she threw her elbow she couldn't even see the cop she hit because he was behind her. So her claim that she reacted instinctively to having her breast grabbed is about as plausible as can be. Message to cops: if you grab a woman's breast from behind, don't complain if you get an elbow in the face.

[Blue_Tires]

7. *THIS* verdict "reveals our mass acceptance of police violence??"

This writer wasn't around for Rodney King, was she (or even Kelly Thomas, to name a recent case)? Where has HER ass been all this time?

[Liberal_in_LA]

9. yup

[warrprayer]

15. 7 years

more than enough time to turn a promising, idealistic young woman into a paranoid, claustrophobic, ptsd ridden, broken shell of who she once was. The people who run the prison industrial complex for the 1% pride themselves on breaking the defiant ones.

[TorchTheWitch]

28. I doubt she'd get that long

The sentence was 2 - 7 years, and his injuries didn't even render him unable to continue his shift.

I'm hoping she'll just get probation with time served.

[warrprayer]

48. fingers crossed n/t

[1000words]

17. This is a great injustice, but hardly a watershed moment.

Is the writer young?

[NuclearDem]

23. She's only a few years older than me.

And I was barely out of diapers in 1992 after Rodney King.

[niyad]

22. . . .

[NuclearDem]

24. Auto Knefel Rec.

[niyad]

26. this was the first piece of hers I have read, but, looking at her bio, it will most certainly

not be the last!!

[LeftyMom]

35. She and her brother have a podcast, it's charming and informative at the same time.

I listen to it in the morning while I have my coffee.

http://www.theradiodispatch.com/

[niyad]

37. thank you for the link

[NuclearDem]

39. If you don't mind the shameless promotion,

You can also check out the podcast she does with her brother, Radio Dispatch. And if those sorts of topics are interesting for you, also take a look at Citizen Radio.

On edit, I see LeftyMom already got the RD link.

[niyad]

46. I thank you for the information, especially about citizen radio.

[NuclearDem]

47. No problem! It's possibly my favorite outlet these days.

Jamie's hilarious, and Allison is a damn fine reporter.

[struggle4progress]

41. The jury determined McMillan assaulted Bovell

Although your article asserts McMillan was one of roughly 70 protesters arrested on March 17, 2012, that does not appear to be McMillan's story:

... Cecily McMillan told the jury she had been out drinking green beer for St. Patrick’s Day on March 17, 2012, and she doesn’t remember much of what happened that day. But the 25-year-old claimed she went to Zuccotti Park to meet a friend, not to join the protest. At some point, she got into an encounter with a police officer. A video shows her throwing an elbow in his eye. McMillan said she felt somebody trying to grab her breast from behind, and she reacted instinctively ...
Cecily McMillan Found Guilty Of Assaulting Cop During Occupy Wall Street Protest
May 5, 2014 7:40 PM

[951-Riverside]

44. If the Kelly Thomas verdict didnt wake people up, nothing will at this point.

So, the police are going to get more aggressive until there is a breaking point and everyone suddenly goes nuts