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NYPD Loses 2nd Occupy Wall Street Trial

NYPDBarricades

Occupy Wall Street protester, Jessica Hall, was arrested by the NYPD last November 17th and faced the same charges as Alexander Arbuckle, who was acquitted on Tuesday in the first Occupy arrest case to go to trial.

Again, just as in Arbuckle's case, Hall was acquitted after the NYPD's own surveillance video showed that police lied were mistaken in their testimony.

Via:

On the stand, Hall's arresting officer, Sgt. Michael Soldo, said he arrested her because she was blocking traffic. But as Soldo admitted under cross-examination, and as the NYPD's own video documentation confirmed, it was actually the NYPD metal barricades running all the way across William Street that was preventing vehicles from passing.

At the time of her arrest, Hall was about a foot away from the police barricades.

After Soldo's testimony, Hall's lawyers, Marty Stolar and Elena Cohen, moved to dismiss. Judge Matthew Sciarrino agreed that the prosecution hadn't made its case.

"The police arrested people willy-nilly without any determination that they had actually committed the offenses that they were charged with," Stolar told the Voice afterwards. "That's what tends to criminalize protest activity."

Much like the Blackwater private security contractors, the police have "qualified immunity," making it unlikely that they'll face any consequences for lying misrepresenting the facts regardless of how many of these arrests come to trial and clear the protesters of any legal violations.



NYPD Loses First Occupy Wall Street Trial



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Hundreds have been arrested during the Occupy Wall Street protests, but photographer Alexander Arbuckle's case was the first to go to trial, and was acquitted after video footage of the incident showed that he didn't break any law. The best part? Arbuckle was there to document the NYPD's side of the story, hoping to defend police working at Occupy protests with his NYU photojournalism project when he was arrested and charged with disorderly conduct for allegedly blocking the street. "I felt the police had been treated unfairly on the media," he told the Village Voice. "All the focus was on the conflict and the worst instances of brutality and aggression, where most of the police I met down there were really professional and restrained."

During the January 1st Occupy Wall Street march, journalist Tim Pool was there livestreaming the event, and in his video footage, later used as evidence along with the NYPD's own video footage, protesters are clearly seen using the sidewalk like they were asked to, with only the swarm of officers blocking traffic. In Pool's video, above, the relevant portion begins at the 31:50 mark, with the arrest action taking place around minute 35.

"What's happening is very similar to what happened in 2004 with the Republican National Convention," Arbuckle's lawyer told the Voice. "It's just a symptom of how the NYPD treats dissent. But what has changed is that there is more prevalence of video. It really makes our job a lot easier to have that video."