Nine of 12 Jurors Who Convicted Occupy Protestor Cecily McMillian Ask Judge to Go Easy on Her

McMillan-Rally-Liberty-Plaza-CS-Muncy.jpg
Photo by C.S. Muncy
McMillan's supporters hold up signs in her honor at Liberty Plaza after her conviction.
On Monday, Occupy Wall Street protester and New School graduate student Cecily McMillan was convicted of assaulting police officer Grantley Bovell during a demonstration on March 17, 2012, a felony that carries a maximum of seven years in prison. There's been widespread shock and outrage over that verdict, and the lengthy prison time McMillan could do, particularly in light of the fact that she maintains that the incident began when Bovell grabbed her breast from behind, causing her to involuntarily elbow him in the face.

Apparently, the jury in the McMillan case is just as shocked as everyone else. In a letter dated May 6, nine of them wrote to Judge Ronald Zweibel, the judge who heard the case and will sentence McMillan on May 19, asking him to be lenient. The letter reads, in part: "It serves no purpose to Cecily or to society to incarcerate her for any amount of time."

McMillan is currently incarcerated on Rikers Island, where she'll remain until her sentencing hearing. Martin Stolar, her lead attorney, had asked Judge Zweibel to allow her to remain free on bail. He refused. In a hearing yesterday morning, he appeared before an appellate judge, Angela Mazzarelli, and made the same request. The District Attorney's office was there and opposed the motion. It, too, was denied.

"I didn't receive any reason," Stolar says. "She didn't have to."

The same afternoon, though, Stolar received a copy of the jury's letter to Judge Zweibel. It is dated May 6, and reads, in full:

Re: petition to the court for leniency on sentencing

Dear Judge Zweibel,

We the jury petition the court for leniency in the sentencing of Cecily McMillan. We would ask the court to consider probation with community service. We feel that the felony mark on Cecily's record is punishment enough for this case, and that it serves no purpose to Cecily or to society to incarcerate her for any amount of time.

We also ask that you factor in your deliberation process that this request is coming from nine of the twelve-member jury.

Thank you in advance for you consideration.

Sincerely

Charles Woodard, juror #2

Another juror had previously expressed shock to the Guardian newspaper that her sentence could be so lengthy, telling reporter Jon Swaine: "Most just wanted her to do probation, maybe some community service. But now what I'm hearing is seven years in jail? That's ludicrous. Even a year in jail is ridiculous."

Stolar sounded pleased but not overjoyed when we spoke to him today. That's because juries, once they're discharged, have little to no sway over what happens in the courtroom. "Jurors are no different from you," he said. "You could write a letter telling them what you think the sentence ought to be."

That said, he added, this type of post-conviction plea from the jury is highly unusual. "I'd say it's extraordinary."

A copy of the letter is on the following page.


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4 comments
Robert Cardinelle
Robert Cardinelle

Where is her big mouth now? OH PLEASE!!, she cries. But before all she could do was act like a big mouth. Where are all her protester friends now? Outside holding Free Cecily placards. She should have thought this through before she did the crime. And, what did she accomplish anyway? NOTHING!! Oh, yes, she got her disorderly buzz on during the Occupy protests. Whoopiedoo!

lippylulu
lippylulu

Uh...there was no crime. She was in a park celebrating (not protesting) with friends. The park is open 24 hours but the police arbitrarily decided to bash heads that night and empty it out of FEAR someone might pitch a tent. They confiscated donuts and bagels once too out of FEAR someone was putting up a kitchen again. Her only crime was BEING there. Would you want your daughter, sister, wife or mother treated this way? And she has not been abandoned by her Occupy friends and the SMART people of NYC. What's your beef with Occupy anyway? Do you WANT money to control our country and politics? And btw, I wonder what happened to those DONUTS they confiscated? New Yorkers  understand what the NYPD is about. The fact that the juducial system is complicit with this is the real horror. I bet you think you are a patriot, even though you obviously don't care about the 1st and 4th Amendment.

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