The defense rested Friday May 31 in the case of the Queens District Attorney v Greg Allen, Noche Diaz, Ribka Getachew and Matt Swaye.  Defense attorneys moved for dismissal of both Obstruction of Government Administration and Disorderly Conduct charges on the basis that the DA had not proved there had been an government business disrupted by the protesters.  They argued that the NYPD, by barricading a city block had put the public at an inconvenience for what they claimed to know would be a non-violent protest.

In a development unusual so far in these proceedings, the judge did not immediately deny the motion regarding the OGA charges.  He said he is "holding in in abeyance" until the jury makes its decision on guilt.  He denied the motion concerning disorderly conduct charges.

Closing arguments Friday afternoon by defense attorneys Marty Stolar, Daria Aumond, Tom Hilgardner and Mani Taferi visited -- as much as allowed by the judge -- the reason the protest in November 2011 focused on the 103rd Precinct to deliver a political message against NYPD stop-and-frisk. Asst District Attorney Heyman pointed to "these four defendants" 34 times, saying they "formed a human wall to block people from entering the precinct." 

The NYPD's own videotape did not show such a human wall, and their officers did not show that any disruption had taken place, other than delay by several minutes of an officer entering the precinct.  They jury began deliberations late Friday afternoon and will continue at 9:45 am Monday.



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