DAY 42 – WEDNESDAY * UPDATE *
City will reportedly dismiss or not file charges against virtually all Occupy Sacramento defendants; 9 tossed today, another 31 to be withdrawn by next week
SACRAMENTO – Misdemeanor charges were dismissed Wednesday by the City of Sacramento against nine Occupy Sacramento defendants arrested at Cesar Chavez Park over the last month. They were scheduled for full jury trials Dec. 13.
Another seven people are scheduled to have their charges dismissed Friday, and another nine, including anti-war activist Cindy Sheehan, will have charges tossed early next week.
In all, charges are expected to be dismissed or not filed against 40 individuals, the City has indicated to lawyers for Occupy Sacramento defendants.
The City is reportedly planning to take another 19 individuals with multiple arrests to trial, beginning Dec. 13.
In total, there were 84 arrests at the park since Oct. 6.
“This is a vindication not just for the individuals, but for our Constitution and freedom of assembly and speech,” said Karen Bernal, who had her charges dismissed Wednesday. Bernal is the chair of the California Democratic Party Progressive Caucus.
Lawyers for Occupy said the dismissals indicate the City made a mistake even arresting the Occupy Sacramento supporters; County District Attorney Jan Scully refused to prosecute earlier because she said no crime had been committed.
Lawyers for Occupy Sacramento earlier this week filed motions in Superior Court calling for the dismissal of all charges on the grounds that the law used by the City of Sacramento to arrest them is “vague…arbitrary” and “chilling” to free speech. A hearing has been tentatively scheduled for Nov. 22, according to Josh Kaizuka, one of 36 volunteer lawyers assisting on the case.
The full brief: http://occupysac.com/wp-content/uploads/2011/11/Occupy_Demurrer_11-11-11.pdf
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