FOR IMMEDIATE RELEASE
November 12, 2012
November 12, 2012
Queens Stop-and-Frisk Protest Trial, Jurors Removed, Expect Prosecution to Rest Case Tuesday Nov. 13
Queens, NY – A trial for four men who protested stop-and-frisk by the NYPD a year ago may end this week after the dramatic removal of two jurors because the prosecution said they sympathized with the defendants. The Queens District Attorney moved for a mistrial, which was denied by Judge Gene Lopez on Thursday November 8.
Prosecutors were to finish with the last of four police witnesses Thursday, when the trial was delayed for a second time because of extreme weather. If a full panel of six jurors is in place Tuesday, after the prosecution rests defense attorneys expect to move for dismissal charges, on the basis that the prosecutors have not proved elements of two counts of Obstruction of Government Administration, or one of Disorderly Conduct.
Defendant Carl Dix, an organizer of the campaign of non-violent civil disobedience aimed at ending the NYPD policy of stop-and-frisk, said the prosecutors “have yet to put on ANY evidence that ANY police activity was obstructed or that ANY members of the public were denied access to the precinct by the protest last November 19.”
Monday, November 5, Juror #6 was questioned by Judge Lopez over comments made to other jurors about whether an Obama t-shirt could be worn to court. This had been reported to the Court as comments in favor of protest. The judge decided at that time to retain Juror #6 because the juror said she could maintain impartiality. This same juror had been allowed to stay on the jury initially when prosecutors ran out of peremptory challenges, even though she said during the selection process that she was not in favor of stop-and-frisk.
Late Monday afternoon, as the juror was reclaiming property at the security of Queens Criminal Court, she was arrested on Disorderly Conduct, held in handcuffs and detained for an hour. On Wednesday she was removed from the jury, as was another juror, who said the harsh arrest of Juror #6 would be in the back of her mind. Prosecutors argued that the whole jury was now “tainted” and unable to deliver a verdict for the prosecution. Judge Lopez did not grant the prosecution motion for a mistrial.
The Stop Mass Incarceration Network released a schedule of six more trials of 19 defendants charged in protests. They say, ”what is being put on trial here is nothing less than the ability and right to stand up and say NO MORE to the racist policy of stop-and-frisk.”
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Prosecutors were to finish with the last of four police witnesses Thursday, when the trial was delayed for a second time because of extreme weather. If a full panel of six jurors is in place Tuesday, after the prosecution rests defense attorneys expect to move for dismissal charges, on the basis that the prosecutors have not proved elements of two counts of Obstruction of Government Administration, or one of Disorderly Conduct.
Defendant Carl Dix, an organizer of the campaign of non-violent civil disobedience aimed at ending the NYPD policy of stop-and-frisk, said the prosecutors “have yet to put on ANY evidence that ANY police activity was obstructed or that ANY members of the public were denied access to the precinct by the protest last November 19.”
Monday, November 5, Juror #6 was questioned by Judge Lopez over comments made to other jurors about whether an Obama t-shirt could be worn to court. This had been reported to the Court as comments in favor of protest. The judge decided at that time to retain Juror #6 because the juror said she could maintain impartiality. This same juror had been allowed to stay on the jury initially when prosecutors ran out of peremptory challenges, even though she said during the selection process that she was not in favor of stop-and-frisk.
Late Monday afternoon, as the juror was reclaiming property at the security of Queens Criminal Court, she was arrested on Disorderly Conduct, held in handcuffs and detained for an hour. On Wednesday she was removed from the jury, as was another juror, who said the harsh arrest of Juror #6 would be in the back of her mind. Prosecutors argued that the whole jury was now “tainted” and unable to deliver a verdict for the prosecution. Judge Lopez did not grant the prosecution motion for a mistrial.
The Stop Mass Incarceration Network released a schedule of six more trials of 19 defendants charged in protests. They say, ”what is being put on trial here is nothing less than the ability and right to stand up and say NO MORE to the racist policy of stop-and-frisk.”
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The Stop Mass Incarceration Network is a project of the Alliance for Global Justice, a 501c3 tax-exempt
organization. Tax-deductible contributions accepted online or checks made payable to the "Alliance for Global Justice," with "Mass Incarceration Network" in the memo line may be sent to:
Stop Mass Incarceration Network
c/o P.O. Box 941 Knickerbocker Station
New York City, New York 10002-0900
Phone: 347-979-SMIN (7646) * Email: [email protected] * Facebook: stopmassincerationnetwork * Twitter: @StopMassIncNet
The Stop Mass Incarceration Network is a project of the Alliance for Global Justice, a 501c3 tax-exempt
organization. Tax-deductible contributions accepted online or checks made payable to the "Alliance for Global Justice," with "Mass Incarceration Network" in the memo line may be sent to:
Stop Mass Incarceration Network
c/o P.O. Box 941 Knickerbocker Station
New York City, New York 10002-0900
Phone: 347-979-SMIN (7646) * Email: [email protected] * Facebook: stopmassincerationnetwork * Twitter: @StopMassIncNet