As Trial Winds Down, Prosecutors Press OWS Activist Cecily McMillan On Unrelated Misdemeanor Arrest

Photo by Anna Merlan
McMillan talks with one of her lawyers, Martin Stolar, after court Tuesday.
Castillo alleges that McMillan repeatedly told the couple not to answer the officer's questions, and prevented Delcanizo from handing over his ID:
When I asked Mr. Delcanizo for identification, I observed the defendant grab Mr. Delcanizo's right hand and state in substance, "No, don't give him your ID," causing Mr. Delcanizo's identification to fall to his lap. When I told the defendant to step away because she was interfering with our theft of services investigation, she stated in substance, "I know the law. I'm a lawyer. Don't cooperate with them."

Castillo says that when he tried to walk Chamorro and Delcanizo to the precinct office to do a warrant check, McMillan got in the way: "When I attempted to walk around her, I observed her repeatedly move to block my path, and further observed that she refused to comply with my orders to step away." He says, too, that McMillan didn't listen to his orders to stay away from the office, shaking the door handle and saying, "Let me in. Don't cooperate with them."

Choi is listed as the prosecutor in that case as well. McMillan is charged with obstruction of governmental administration, and would face no more than a year in jail if convicted. The incident allegedly occurred nearly two years after the Occupy arrest, but judging from their cross-examination of the defense witnesses, it looks like Choi and Shanda Strain, the other assistant district ttorney on the Occupy case, will use it in their closing arguments, as part of an attempt to portray McMillan as an unrepentant, anti-law enforcement rabble-rouser.

McMillan and her attorneys clearly anticipate that. In her testimony Tuesday, she took care to talk about all the times she's protested side by side with the police. McMillan attended college in Wisconsin and was involved in protests there against the drastic budget cuts implemented by Governor Scott Walker, which mainly affected teachers and public sector workers.

"We participated in demonstrations and protests alongside firefighters, teachers and police," McMillan said. "One time, the police joined us in occupying the Capitol. It was an amazing experience in collective organization."

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