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Arbuckle was arrested while photographing a march early on January 1. As a contingent of a few dozen protesters turned off Sixth Avenue onto 13th street, heading east, the police following the march on foot and on scooters moved in, making several arrests.
Among those arrests was Arbuckle, charged with disorderly conduct for standing in the middle of the street blocking traffic, even after police had repeatedly told protesters to get out of the street. That's the story told in the criminal complaint against Arbuckle, and it's the story that the officer who arrested him told again under oath in court on Monday. The protesters, including Arbuckle, were in the street blocking traffic, Officer Elisheba Vera testified. The police, on the sidewalk, had to move in to make arrests to allow blocked traffic to move.
But there was a problem with the police account: it bore no resemblance to photographs and videos taken that night. Arbuckle's own photographs from the evening place him squarely on the sidewalk. All the video from the NYPD's Technical Research Assistance Unit, which follows the protesters with video-cameras (in almost certain violation of a federal consent decree), showed Arbuckle on the sidewalk.
And in an indication of the way new media are transforming the dynamics of street protest, a clip from the live-stream of journalist Tim Pool showed that not only was Arbuckle on the sidewalk, so were all the other protesters. The only thing blocking traffic on 13th Street that night was the police themselves.
Here's Pool's video. The relevant section begins around minute 31:50 and ends with the arrests around minute 35:00.
A junior at New York University majoring in political science and journalism, Arbuckle doesn't identify with the Occupy movement, but was working on an assignment for class to document the officers assigned to police it.
"I felt the police had been treated unfairly on the media," he said. "All the focus was on the conflict and the worst instances of brutality and aggression, where most of the police I met down there were really professional and restrained."
"It was a total fabrication," Arbuckle said. "When I was first arraigned in February, they offered me an ACD [Adjournment in Contemplation of Dismissal]. It would have been nice to have everything over and done with, but it would have been an acknowledgment of guilt, and I knew I wasn't guilty."
Originally posted by xuenchen
But what happens when they (the police) take things to the "Next Level" ....
and even beyond ?
What's the desired "end result" of #Occupy ?
How will all this "close the banks" and end corruption ?
Originally posted by xuenchen
Well, all well and good.
But what happens when they (the police) take things to the "Next Level" ....
and even beyond ?
What's the desired "end result" of #Occupy ?
With apologies to Kali, I personally don't believe that Occupy know what they want
Originally posted by XPLodER
reply to post by petrus4
occupy wall street untill the criminal bankers who crashed your nation for a profit are behind bars and without money
The only problem with this, XPLodER, is how much will it really change?
In Second Occupy Wall Street Protest Trial, Police Claims Again Rejected
Another day, another Occupy Wall Street trial, another black eye for the police. Just two days after the first Occupy Wall Street protest case to go to trial ended with the NYPD's version of events unraveling, the same thing happened again in New York Criminal Court this morning.
Jessica Hall, an Occupy Wall Street protester, was arrested on November 17 at the intersection of Williams and Pine streets in Lower Manhattan and charged with disorderly conduct for obstructing traffic. Hall's charges were the same as those of Alexander Arbuckle, who was acquitted on Tuesday.
But as in Arbuckle's case, the police version of events was debunked; it wasn't the person on trial who was preventing traffic from moving, but the police themselves.
On the stand, Hall's arresting officer, Sgt. Michael Soldo, said he arrested her because she was blocking traffic. But as Soldo admitted under cross-examination, and as the NYPD's own video documentation confirmed, it was actually the NYPD metal barricades running all the way across William Street that was preventing vehicles from passing.
At the time of her arrest, Hall was about a foot away from the police barricades.
After Soldo's testimony, Hall's lawyers, Marty Stolar and Elena Cohen, moved to dismiss. Judge Matthew Sciarrino agreed that the prosecution hadn't made its case.
"The police arrested people willy-nilly without any determination that they had actually committed the offenses that they were charged with," Stollar told the Voice afterwards. "That's what tends to criminalize protest activity."
Today's ruling, coupled with Tuesday's, have presented police efforts to criminalize protest activity "a temporary roadblock," Stolar said, adding that the profusion of cameras at Occupy Wall Street protests have made it harder for police to get away with fabricating stories to justify arrests.