NATIONAL LAWYERS GUILD, Massachusetts Chapter, Inc.
14 Beacon St., Suite 407, Boston, MA 02108
Tammi Arford (defendant): 617-686-8892 National Lawyers Guild, Mass. Chapter
Andrea Hill (defendant): 574-206-5632 617-227-7335
CRIMINAL CHARGES AGAINST OCCUPY BOSTON DEFENDANTS DROPPED
Boston, February 8, 2013. Today, without any notice to defense counsel or the defendants, Suffolk County prosecutors went into court and in an unscheduled, unilateral action dismissed the criminal cases that had been brought against five Occupy Boston activists which were scheduled to begin trial on Monday, February 11. The prosecutors also dismissed all of the criminal charges remaining against the other Occupy Boston activists who were still awaiting trial as a result of the mass police arrests in October and December, 2011.
We believe that the DA’s decision amounts to an acknowledgment of the unconstitutionality of the arrests and criminal charges that had been brought against hundreds of Occupy Boston participants, and shows that the state has finally admitted that the demonstrations by Occupy activists were legal and constitutionally protected.
Fully ready to contest the charges at trial, the defendants and their representatives from theNational Lawyers Guild (NLG) had subpoenaed Mayor Menino, Police Commissioner Ed Davis, and Nancy Brennan (former head of the Greenway Conservancy) to explain why the City of Boston and its police department unconstitutionally applied the Massachusetts trespass and unlawful assembly laws to impinge upon Occupy Boston participants’ rights to assemble, to express their protected speech, and to petition the government. In addition, they had also subpoenaed Joshua Bekenstein and Mitt Romney (of Bain Capital), and Robert Gallery (CEO of Bank of America) to address their role in constructing and perpetuating excessive corporate power and an economic system that favors the wealthiest 1% of the population at the expense of the remaining 99%– an undemocratic system in which the voices of the people are ignored. The police action in arresting occupiers demonstrated that voices of conscience that speak out against
social and economic inequality are not only ignored, they are unlawfully silenced by the state’s use of violence, fear, threat, and repression.
This decision by prosecutors comes after 14 months of delay, during which defendants were repeatedly required to show up for court dates, only to have their day in court and their right to a jury trial delayed time after time. Defendants and their NLG lawyers spent months working to prepare a case that would potentially embarrass the City and set valuable precedent that would reaffirm the constitutional rights of free speech and assembly.
In making this decision, Suffolk County prosecutors have not only prevented the defendants from having their day in court, they have employed yet another way to trample upon those who voice dissent and discouraged them from challenging injustice and inequality in this country. In fact, a spokesperson from the District
Attorney’s office today admitted that these defendants, who never had the chance to present their case to a judge or jury, “served a sentence” imposed unilaterally by the actions of the District Attorney without ever having been found guilty of any criminal offense.
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