Cecily McMillan sentenced to 90 days in prison and 5 years probation for being assaulted by a cop

Yes, it could have been a hell of a lot worse, and I expected that Hangin’ Judge Zweibel would have given her the full seven years that was the maximum sentence that automatically came with her conviction of felony second-degree assault on a cop.

We won’t ever now what changed his seriously bad attitude toward McMillan. Was it the letter nine of the twelve jurors sent him, asking that she not go to prison at all once they discovered what their guilty verdict meant in terms of ‘punishment’? Was it the many signatures on various petitions to him, DA Cyrus Vance, Gov Cuomo that helped a bit?

And according to more recent Tweets, she will have to undergo mental health counseling and treatment. Wot? Stay tuned, but is that because the Prosecuting attorneys did their damnedest to paint her as a rabid ‘cop hater’?

Here’s a brief video recap of the events that led to this crazy day in an upside-down world.

Her attorneys had promised to appeal her conviction; will they now, or will she chose to serve the ninety days and then bring a civil suit against the NYPD and city of New York?  Given the fact that she turned down the plea deal the DA had offered, since she would still have a felony on her record (but no prison time), my guess would be that they’ll pursue both options.

Security at the court house was tight, and there are apparently 45 cops outside the court house now. Supporters are across the street having an impromptu rally. Well, Justice4Cecily would be if Officer Brantley were in prison, and she’d never been charged with a crime.

No, Occupy is not dead; it was just forced underground due to the thousands of arrests, fines, and so very many Occupiers having been pummeled, stomped, pepper sprayed and assaulted by cops nationwide.

Cecily’s attorneys will be giving a press conference soon.

OccupyWallStreet’s statement is here, and it’s wide-angled and quite good, including this:

“While we believe Cecily’s story can provide a rallying point around which others may challenge police sexual violence and the brutal suppression of dissent, we recognize that, at best, Cecily is an awkward symbol for the broader issues of police brutality and a broken, biased legal system. This awkwardness is but one example of many awkward scenarios regarding race and privilege that played out in Occupy communities since the original occupation of Zuccotti Park. As a movement, we see in this moment a chance not to push past, but to sit with that awkwardness—to start to reach out in ways that at times may be uncomfortable and to further stretch our boundaries. To learn from communities who’ve been in this struggle long before Occupy existed: From feminist organizations who resist patriarchal domination and combat sexual violence, to anti-racist organizations who, in their struggle for justice, have been met every step of the way by a violent police force and a legal system committed to silencing dissent.

The Occupy Wall Street Movement has been a catalyst for social and economic change. But, while we claim to be “the 99%”, building a movement that truly represents the diversity and strength of the people will require a principled approach in our activism centered around a love ethic. Bell Hooks describes the love ethic in All About Love as:

“The will to one’s self for the purpose of nurturing one’s own or another’s spiritual growth. Love is as love does, Love is an act of will—namely, both an intention and an action. Will also implies choice. We do not have to love. We choose to love.”

Yes, we need to have conversations about a higher sort of love, don’t we?  Soon, I hope.

For now, you can write to her at:

Cecily McMillan
Book & Case Number 3101400431
Rose M. Singer Center
19-19 Hazen Street
East Elmhurst, New York 11370

You can keep up with developments at justicforcecily.com or #Justice4Cecily on Twitter.

For a superior narrative using Zach Roberts’ photo-journalism to document the events as they unfolded at Zuccotti Park the night in 2012 when McMillan was assaulted and defended herself, see this piece at Bagnotes.com, Missing the Big Picture: How Cecily McMillan, Convicted of Assault, Was Violently Assaulted by NYPD at M17 Occupy Protest’. If Cecily wants Martin Stolar to pursue an appeal or a civil suit, it will be an invaluable resource.

Supporters are calling for a ‘No Justice, No Peace rally tonight at 7:30 at Zuccotti Park.

This is the song Mr. wd and I blasted every Saturday before we went to town and Occupied Mancos, CO. It’s a song of resistance, courage, and the importance of not surrendering to those who oppress us daily. Yes, they have tried to make revolution illegal, but those committed to creating a more just and better world may be bowed, but rarely broken. Bring on the Light! Stay safe, but resolute.

(cross-posted at My.firedoglake.com)

29 responses to “Cecily McMillan sentenced to 90 days in prison and 5 years probation for being assaulted by a cop

  1. I hope she will have the right to refuse medication – mental health treatment is an area that often means the very opposite of what it says it is.

    Thanks, wendye.

  2. whoosh; that is a very good point. i found it very odd that only one tweet from outside the court house even mentioned that order. it’s hard to know if zweibel meant ‘mental health help and counseling’ inside the prison, or when she was outside again. or both?

    inside, considering chelsea manning’s drugging, that is a huge question. guess we’ll have to learn more, and hope that someone asks martin stolar those questions, or he thinks of it first.

  3. Well I muse, it seems we’re still controlled if we’ve adopted their Zucotti reframe for Liberty Park , US Steel no longer “occupies” Liberty Plaza, and in the hinterlands (e.g., Tampa) nominal OCCUPIERS back in the October 2011 day, weren’t aware that blocks away an anti-war rally (which eventually tripled their “occupation”) was being simultaneously conducted (so I walked the short walk to get the two together). Still, I’d LOVE to see another movement building (so why aren’t the ~30 MILLION un/deremployed and 2 MILLION federal public servants in the streets against these CLA$$IC PIG$?).

  4. juliania, i mentioned your concerns about meds over yonder, and now i’m having to walk folks back from accepting that it’s already happened, arrgh. i suggested any of them who Tweet might ask martin stolar or the Justice4Cecily team about it.

    bruce: not to be a thickwit again, but i’m a bit lost on your first bits. but as to why there aren’t millions rebelling? that must come with a hundred reasons, but the one fact is: if enough people were in the streets, they couldn’t jail them all, although they’d sure try.

    but this prosecution, being the last of the OWS ones, was clearly meant to provide intimidation. i almost said ‘maximum’, but if that bar had been reached, she would have gotten all seven years, yes?

    ww: i know you’ll understand that i can’t switch gears to ukraine yet, yes?
    don’t multi-task in my mind very well any longer. :)

  5. here’s Cecily’s mama reacting to today’s sentence; she’s very good, and very forthright.

  6. michaelcavlan

    Stellar article. Over on TruthDig Chris Hedges has done a great piece on this as well. A number of us are now having a great discussion on the complete lack or legitimacy of the courts, media, elections and the entire capitalist system.

    AsI put it, when people loose faith in all aspects of the system eventually we look for a new system. That my friend is the heart and soul and dynamics of REVOLUTION.

  7. i’m so glad you liked it, michael cavlan. but: may i say up front that i am likely one of the four revolutionaries in this entire nation who loathes chris hedges? i admitted that i am one of his detractors over yonder. :)

    i also made a bit of sport over his ‘they cannot make a revolution illegal’, partly because they have entirely done so in every possible way. i call him Old Sourpuss, lol. i even hate clicking into ‘the real news’ since i have to be treated to a ginormous portrait of him. i rue the day that he hisownself and so many Occupiers decided that his would be ‘the voice of the movement’. srsly. but i know you won’t lose a blink of sleep over my heresy, eh wot? (neither would he, of course…)

    g’night, and stay strong.

  8. michaelcavlan

    I am one of the other four who really can’t stand him. He IS an old sourpuss and i also disagree 1005 on his take on the Black Bloc. None the less i admire him.
    But you Wendy are the coolest. Not as cool as Mrs Michael Cavlan but still, cool enough. LOL

    Sleep well.

  9. Definitely stay on this, wendye. I’ll just post as I see things happening: Putin on track to bypass conflict, which is refusing to follow what West coup operatives want – intervention and division the way they do things. I think his reasoning is that provocations in Odessa and Mariupol were purposed to bring him in – but they also alienated the public at large, so coup folk losing legitimacy. That’s why Putin switched gears to support the election; he would love to see coup managers overthrown by legitimate means. Not gonna do what O wants.

    And that Strelnikov is, from reading his ‘disappointment at lack of support’ speech at Saker, a very questionable leader – you were right asking what exactly is his mandate, since the people turned out to vote for federation in the referendum, not to elect him. He’s clearly a separatist leader and they didn’t vote for that.

    Saker and cohorts urge conflict, pained by lack of it, is my impression. Same answer you give Bruce, who asks the same question as Strelnikov asked of East Ukrainians as to why they are not joining up – a hundred reasons. One is the people are brave but not foolhardy, and choose peaceful confrontation (Occupy-like encampment in Odessa, very brave civilians in Mariupol facing armed thugs, for instance – and for referendum came out and voted in large numbers.) My opinion: once you act on the presumption that war is the answer, war is all there is.

    People in Ukraine are not different from us; I support the people.

    Thus ends the OT rant for the day.

    Me a third on Chris Hedges. He completely misunderstands Dostoievski as far as his, Hedges, indictment of liberals is concerned, preferring to remain with the earlier Fyodor when the latter made huge strides in his last work, TBK. (Hedges is way back with Notes from the Underground.) I’m the same way about Thom Hartmann, who began in wonderful mode critiquing corporate personhood and George Bush, went coast to coast on Obama-approval, and now shows his face as a born again true progressive. Only good part of it is they go where the tide takes them, and yay the tide is turning.

  10. Question: As I post, I get ‘sorry this comment cannot be posted’ – I go back and forth sending and refreshing (don’t know if that helps) and then it shows up. Wondering if other folk get message and just give up.

  11. well, i hope i’m at least *funnier* than miz michaelcavlan anyway. :) that’s all i’m aimin’ for in the end, my own dusty ass notwithstanding.

    shoot, i even hosted a whole diary on nonviolence vs. diversity of tactics (i was for the former for a number of reasons), but i reckon he stopped the movement cold with his ‘cancer in occupy’ schtick. GAs became fractured as folks chose one of only *two sides*, even though the discussions could have/should have been productive and the solutions nuanced, yes?

    but hey, the intercept has new piece up now (greenwald, poitras,a nd devereaux, iirc). some big flap about them not naming one nation under mega-surveillance and cell phone recordings. wikileaks says they’ll name it today, lol. i read there more often than TI. :)

    best of everything to you, but: you never posted your story on the Open Menu. please do if the spirit moves you.

  12. how odd, juliania. no, i haven’t had the same trouble. i wonder if after it happens the first time you click into the site again (assuming it’s on your browser’s dropdown menu, so easy), click into the post you want…. but oy, that’s the long way around dobbins’ barn, isn’t it?

    whoosh. i am so behind on ukraine i don’t even know who strelnikov is in the mix, except a ukrainian artist (and character in Zhivago). i fear i won’t be able to catch up om my reading, and i have notes for three other dairies in the works already. so very many places for our gazes to swivel now. and me gettin’ those damned hegg-aches again, birds to photograph, a garden to start…

    well, these diaries will fall off today. jane’s front-paging it had one hard reality attached to it since none of the others i wrote on mcmillan had been: most folks commenting new zip, and kinda wanted to be spoon-fed info, facts, context…wore me to a frazzle. i’ll read your comments on ‘hot war, cold war’ again. a pile of emails came in last night, dunno why they take so long to get into my inbox any more. and not all of them are from the café, either.

    hedges also totally disses 60s activism, which is irksome as hell. and folks like cmaukonen have just picked up the theme and run with it, castigating us all as lazy and shallow, bah.

    bruce: once i read your comment above in an email, i did understand more of what you’d meant about whistling the two protests together. good on you.

  13. Oh, prolly I collided with you posting is all.

    China? fbi actually printed warrants, ambassador whatsisface called in for tongue lashing…Pepe Escobar on pivots…hang onto your hat, it’s getting windy, wendye!


  14. Oops, yes – not Strelnikov, Strelkov! is the guy in charge of the separatist military in the two eastern provinces. The ones attempting to keep the Right Sektor at bay. When he spoke out about joining Russia right after the referendum, you said something about who asked him – the referendum wasn’t about that.

    It just happens when I first log in, some gremlin on my doing that – I’m in now so probably this one will go okay.

  15. thank you for prodding my memory, ww. still don’t understand your stuff about the saker, but i did have a bit to add about mafr, and i will when i can. more pivots to africa and VZ, tragically. and i went to look at state dept, and found this cutesy jingle on the ttip talks which started yesterday again. remember i’d said that the 19th was important for something else big?

    under the video, it leads ya back here.

    http://useu.usmission.gov/ttip.html more head-swiveling. cripes.

  16. Well ladies (and gentleman), Liberty-loss, occupation-loss and clue-loss are no way to build a movement. And I know not from where the inference to violence comes. All I advocate are numbers overwhelming of the BarBarack forces of his halfascism. But there actually may be a “Strelnikovian” lesson: In the movie, Zhivago; bourgeois Komarovsky advises revolutionary idealist Strelnikov (Pasha) that the people pretend to admire idealism when they really abhor it! Maybe that’s the answer to the ennui. (Of course, the movie Komarovsky/Pasha dialogue is not in the original Pasternak book, perhaps because of this: http://www.csmonitor.com/Books/chapter-and-verse/2014/0408/CIA-used-Doctor-Zhivago-as-a-propaganda-tool-in-Russia-says-new-book ). Nevertheless, if Americans would get off their Dustyasskys en masse, some improvement might be expected.

  17. Oh.My.God. that is freaking hilarious, bruce. meanwhile, i could kick my dusty as for going deep looking into the kerfuffle ajne hamsher wrote about today, the spat between wikileaks and the intercept over redacting that fifth nation’s nation’s identity. as i told her logic ain’t my strong suit, but goddam, in for a penny, in for a hegg-ache, i allus say. talk about fiddling while rome burns (not like my net diaries would mean shit to a tree, of course.)

    dunno what you mean about over coming the fascism of obama, or violence tra la la. but one thing i know is that no electoral changes have a chance in the near future; most USians have no clue what’s really going on, and who knows if they’d care if they did? we’re a comfortable lot for now, aren’t we?

  18. Comfortable, yes; but still more afflicted than affected! Surely US Eternal Flamers can yet effect progress greater than such sanctimonious hirsute “movement” spokesmen:

    It’s beyond time for a working and poor class reunion!
    (And actually shite is nourishment to a tree; and as Snowden implies, nothing should be redacted, since all the Koch roaches fear light most!).

  19. michaelcavlan

    Wendye dear
    You are funny however I have to sadly admit that you are not funnier that Mrs Michael Cavlan. To me anyway. I am sure that Mr Wendye Davis thinks you are the bees knees and the funniest, cutest and wonderful person in the world. This is as it should be. My wife being a native American Ojibewe woman, well those Ndn women have a wonderful dry sense of humor. She says to me “Oh Mike, you are just with the Irish tribe. ” LOL

    Oh and FYI- I tried to post the article about the 40 anniversary Dublin, Monaghan Bombings. It said i did not have the privilege. No matter.

    May you and yer honey be as happy as me and my honey are.


    Oh and FYI I also agree with you on the conversation on non violence and diversity of tactics being an important discussion that should be both honest AND mutually respectful.

    That is another issue i have with Chris Hedges. He created rancor that should not be there.

  20. bruce: did snowden ever say ‘nothing should be redacted’? GG says redaction was up to him, and i haven’t heard snowden squawk. but i’ve been trying to parse it on jane hamsher’s post, but not many want to talk about the specifics. in any even, in one more day wikileaks will name the nation. from all the tweet-reading (gag me) i’ve done, it seems that GG is trying to protect small white company is a nation of brown or black people who are actually ruled by the US. and wikileaks believe the people have a right to know that all their cell calls are being recorded.

    otoh, wikileaks’slow schedule gave the company time to make any mitigations that they choose. hair: a flash from the past, eh?

  21. nah, mr. wd is far more realistic than that. :)

    you surely can put it on the Open Menu without author privileges, can’t you?

    ya mean ‘old sourpuss’? :)

  22. If we truly want the buggers to keep from scattering into the Company BS’ (Bush Shadow’s) black recesses of the world’s ‘theaters’, then Snowden’s prescription of the disinfecting brightness must be expanded from these incremental spotlights to the illumination of their entire stages, by raising the entire curtain at once! The alternative is a reprise of our curtain call:

    (I mean, they’re STILL covering up “that Bay of Pigs thing”; and for The SAME BS REASON!):

  23. michaelcavlan

    Wendye- That whole teknolergy- thing I just don’t get it. It says that you the administrator have to invite me

  24. michaelcavlan

    meanwhile- resistance continues. Even as corporate media silent.


  25. Bruce: hey, dude. that bay of pigs thing was Secret Forces at work. why should anything come to light? because we own the history, see?

    michael cavlan: i’m not sure what you mean. you can’t report the story on the OpenMenu?


    does the software think you need to be registered before you can? are you iz, or iz you ain’t? (dinnae think it would matter either way)

    (follow the directions)

    or did you want to become an author to post the story? that’s a bit more complicated than i have time for at the moment (choking with RL chores), but if so, you must register as the first step. let me know.

  26. oh, and re: xl pipeline resistance: the only place it’s important by now, imo, is in the locales that are fighting it locally. sorta like these lovely and dedicated, downtrodden folks.


    they’re dying of their gravy spills, and of course as my continual harping goes: we are now *they* increasingly.

  27. But they don’t own the future; even 3 days out:
    (or the porcine past of Poppy and the burning Bushs; If ONLY, there were another Anonymous ELLSBERG with the final volume’s contents)!

  28. Assange’s statement concerning his decision.

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