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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWoman Sexually Assaulted by NYPD Convicted of Felony Assault
Mon May 05, 2014 at 02:42 PM PDT
Woman Sexually Assaulted by NYPD Convicted of Felony Assault
by David Harris Gershon
If you have not been following the story of Cecily McMillan, you might suspect the above headline to be either exaggerated or tasteless satire. Tragically, it is neither.
The story of McMillan is a story of police brutality and the justice system's propensity to insulate police from culpability, a story which takes place invisibly in urban centers in this country on a weekly basis. The only difference here is that McMillan, an Occupy activist who was assaulted during a police raid, gained national attention due to the cameras rolling and the high-profile nature of the event.
The assault happened on March 17, 2012, which was the six-month anniversary of the Occupy movement. Nonviolent activists had gathered in Zuccotti Park to mark the milestone, and that night police moved in to clear the park and make arrests. During the chaos, Officer Grantley Bovell grabbed McMillan's breast from behind, swung her around and threw her to the ground, at which point she began to have a seizure and required medical help. According to her defense, she instinctively swung her arms when her breast was grabbed. According to Bovell and the prosecution, McMillan's swinging elbow was all that mattered.
Bruising on McMillan induced by Officer Bovell grabbing her from behind. Image via McMillan and policymic.
During the trial, evidence concerning the violent way in which police cleared the park that night was suppressed. In many instances, physical evidence was tossed out, and the presiding judge, Ronald Zweibel, ruled that the context of the assault had no bearing or relevance. Of course, officer testimony was accepted and relied upon to paint a picture of McMillan's brutal assault of a police officer.
Here's Molly Knefel in The Guardian:
That hyper-selective retelling of events to the jury mirrored the broader popular narrative of OWS. The breathtaking violence displayed by the NYPD throughout Occupy Wall Street has not only been normalized, but entirely justified so much so that it doesn't even bear mentioning...
...(Which is why) it is the protesters who are remembered as destructive and chaotic. It is Cecily McMillan who went on trial for assault but not Bovell or any of his colleagues despite the thousands of photographs and videos providing irrefutable evidence that protesters, journalists and legal observers alike were shoved, punched, kicked, tackled, and beaten over the head.
McMillan was fortunate to have an incredible support structure, both personal and legal and yet even she ran into the buzzsaw of police brutality and a legal system's propensity to brush such brutality under the rug. For today she was convicted of felony assault for that swinging elbow, an elbow that likely was not intended as anything more than a response to being grabbed by a stranger:
Not only has a violent police officer with a history of abuse gotten away with his crime, but a woman faces seven years in prison for reacting upon having her breast sharply grabbed from behind.
One of the two people in the park on the night of the incident was there in the interest of serving the public good, and it wasn't the one in uniform.
And that person will be serving an extended jail sentence. Because we as a nation allow this to happen. Across this country. Every single week.
http://www.dailykos.com/story/2014/05/05/1297102/-Woman-Sexually-Assaulted-Beaten-by-NYPD-Convicted-of-Felony-Assault
NYC_SKP
(68,644 posts)passiveporcupine
(8,175 posts)She was not sexually assaulted. She was in a scuffle with police and they got too rough and they bruised her breast, but they did not deliberately grab her breast to sexually assault her. I think it is insulting to victims of sexual assault to try to use this as a defense. You guys need to get a grip.
There was nothing at all about sex with this. The fact that the police got carried away and were too aggressive had nothing to do with "sexual assault". They were aggressive to men and women.
The people who are trying to defend her, are using sexual assault as a political weapon, but they should not be. The real issue here is police aggression toward any protester, male or female.
I don't think she should have been convicted of assault (considering the circumstances), but that does not make this a sexual assault case.
951-Riverside
(7,234 posts)Bette Noir
(3,581 posts)The cop didn't grab her arm, or her shoulder. He grabbed her breast, from behind. He didn't identify himself as police; he attacked her as she was leaving. It should be the cop who is in prison.
Or do you think that women should be so passive, so accepting of violence against our persons that we don't fight back when strangers grab our breasts, hard enough to leave a bruise?
starroute
(12,977 posts)She was not in a scuffle. She wasn't even protesting -- she just stopped by Zuccotti Park to meet up with friends because they were going out for St. Patrick's Day. And she was grabbed from behind by the breast -- which is something other protesters have described as a standard police tactic and part of the police tendency to single out women and minorities for abuse.
You may say it shouldn't be described as "sexual assault" -- would you feel better if it was described as "police brutality with a strong element of sexual humiliation"?
alp227
(32,027 posts)Hell, it's BEYOND "sexual" assault.
Donald Ian Rankin
(13,598 posts)The OP is... to call it partisan and questionable would be putting it mildly.
If you actually dig a little on the internet, and try to find some impartial reporting on the case, you'll see that what the OP baldly presents as unquestionable fact is in fact just McMillan's version, and that there's a video out there which, while it doesn't disprove it (it was shot from a long way away), makes it look far from certain.
AtheistCrusader
(33,982 posts)Whether I'd call it a sexual assault or not is irrelevant. I might feel that way, or maybe not. But if I did, and it involved my sexual organs, I'd take a pretty dim view of your response. But in either case, Humans still have instincts. We are, still, animals. Under some conditions we act instinctively to preserve our own safety.
Good luck restraining those instincts. It's a bit like trying to force yourself to hold your hand in a fire to prove a rhetorical point.
passiveporcupine
(8,175 posts)The cop grabbed her and got a breast. I'm not sure that in the heat of the moment he was aiming for a breast. He might have just been grabbing at anything he could get hold of.
I'm not saying it was not intentional...or even meant as sexual humiliation...just that I don't see the proof that he intended to sexually assault her, or even grab her breast. If she had been a guy, and he grabbed the guy's chest and swung him around and threw him to the ground, it wouldn't be sexual assault, would it? Breasts are just out there in a place that they might get grabbed, when in a physical situation...not like grabbing someone between the legs.
I think people are making too much of this "sexual assault" thing, when in fact they should be focusing on why the cop assaulted her in the first place, if she wasn't doing anything wrong. Why isn't that the issue? Why are cops allowed to treat protesters this way? Whether they are male or female.
I think this jury made a bad decision, but I wasn't in the court room, so I don't know what evidence they had to work with. That should be the issue here. I think the bruise on her breast should have made them think twice about why she elbowed the cop...but apparently the way it was presented in court, that isn't the way they saw it.
AtheistCrusader
(33,982 posts)There have been plenty of incidents of late, of police abusing their authority to abuse a suspect. Some with sexual abuse present.
I wasn't there, i'm not on the jury that convicted her. Based on the full context of what I saw, I'd probably have acquitted her.
passiveporcupine
(8,175 posts)I think it shows that she started it with the elbow to the face. No one had even touched her yet. Maybe this is what the jury saw and based their decision on?
AtheistCrusader
(33,982 posts)I can't tell what the hell happened, even zoomed in.
She was in motion, that's the best I can tell.
Edit: The officer that stops after she throws the elbow does indeed seem to have gripped her from behind (from her right/back).
Whether that was lawful use of restraint, I have no idea. I also cannot tell how aware she was that it was an officer when she throws the elbow.
Video doesn't help much, in this case.
struggle4progress
(118,294 posts)NY Magazine has this video -- which may not much look like a reflexive reaction to a grope: in fact, it rather looks as if somebody, running past, jumped and turned to elbow someone else in the face
Occupy Wall Street Protester Found Guilty of Assaulting Officer She Says Grabbed Her Breast
By Joe Coscarelli
An allegedly nonviolent activist elbowing someone in the face is a bit incoherent as a narrative. But the defense argued she wasn't even there as an activist: she was just passing by on St Patrick's Day
... McMillan's lawyers have maintained that McMillan wasn't heading to Zuccotti Park to protest. She was decked out in an all-green outfit with matching eyeliner, celebrating St. Patrick's Day with a friend from out of town ...
Occupy Wall Street Activist Cecily McMillan Found Guilty of Assault on Police Officer
By Anna Merlan Mon., May 5 2014 at 5:00 AM
... Ms. McMillan, a volunteer labor organizer going to graduate school, testified last month that she had been out drinking to celebrate St. Patricks Day with a college friend and they went to the park that night to meet a third friend, not to join the protest ...
Woman Found Guilty of Assaulting Officer at an Occupy Wall Street Protest
By JAMES C. McKINLEY Jr.MAY 5, 2014
I'd like to be sympathetic but the video, and her testimony, strongly suggest an inebriated woman ran through the crowd and elbowed a cop in the eye. There might also be a problem with the bruise and medical records:
... If McMillan was truly grabbed, Choi said, the young woman would have reported it right away. She pointed out that she spoke to a social worker and a psychiatrist in the hospital after she was arrested, and didn't mention the incident to either of them ... The prosecution's case had also relied heavily on McMillan's medical records, which did not mention a bruise on her breast ... McMillan also told one doctor shortly after the arrest that she wasn't in serious pain ... "This defendant is not reliable and cannot keep her story straight," Choi said. She added that the first time McMillan's bruised breast was noted by a doctor was three days after the incident, when McMillan saw her own doctor at the Institute of Family Health ...
Occupy Wall Street Activist Cecily McMillan Found Guilty of Assault on Police Officer
By Anna Merlan Mon., May 5 2014 at 5:00 AM
Drunk St Patrick's Day Celebrant, Arrested for Elbowing Policeman at Zuccotti Park, Becomes Heroine of Occupy doesn't have the same zing as Nonviolent Victim of Sexual Assault Convicted Unjustly after Police Raid, of course
Donald Ian Rankin
(13,598 posts)Certainly, I expect you to be mobbed for daring to suggest that Ms McMillan's story should not be accepted unquestionably.
passiveporcupine
(8,175 posts)The video puts a new perspective on things. It looks like nobody even tried to touch her before she elbowed the cop in the face.
Demo_Chris
(6,234 posts)snooper2
(30,151 posts)Where will the OP and all the posters above go now that we have VIDEO!
And people always bitch about video cameras everywhere