In Occupy Activist Cecily McMillan's Trial, Judge Rules NYPD Doesn't Have to Hand Over Officer's Disciplinary File
In two weeks, the last trial of an Occupy Wall Street activist will begin, when 25-year-old Cecily McMillan faces charges that she assaulted a police officer, Grantley Bovell, on March 17, 2012, during a 6-month anniversary demonstration at Zuccotti Park. In a decision issued yesterday, State Supreme Court Judge Ronald A. Zweibel decided that the information contained in Bovell's internal disciplinary file isn't relevant to the case and that the defense can't see any part of it. But McMillan's lawyer argues that this officer has assaulted and falsely arrested people before, and that the file can help them prove it.
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McMillan's lawyer and her supporters say Officer Bovell was the one who assaulted her, grabbing her by the breast from behind and dragging her backwards. When she threw up her arms in an instinctive defensive gesture, they say, she hit the officer's temple. In response, Bovell and other officers beat her severely, causing her to suffer a series of seizures. (A few days later, a shaken-looking McMillan appeared on Democracy Now to describe the incident.) But the NYPD argues in their court filings that McMillan deliberately elbowed Bovell in the face while he was arresting someone else. McMillan was charged with assault on an officer, a felony that carries a maximum of seven years in prison.More »