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FourScore

(9,704 posts)
Mon May 5, 2014, 11:58 PM May 2014

Woman 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:

To the jury, the hundreds of police batons, helmets, fists, and flex cuffs out on March 17 were invisible – rendering McMillan's elbow the most powerful weapon on display in Zuccotti that night, at least insofar as the jury was concerned.

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:

McMillan claimed that she swung her arm back instinctively only after having one of her breasts grabbed from behind while she was walking out of the park. Her lawyers showed photographs of bruising to her chest to support this. They said McMillan did not know that Bovell was a police officer, and did not intend to hurt him.


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
18 replies = new reply since forum marked as read
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Woman Sexually Assaulted by NYPD Convicted of Felony Assault (Original Post) FourScore May 2014 OP
Kick. nt NYC_SKP May 2014 #1
I'm sorry, but I won't buy into this sexual assault theme passiveporcupine May 2014 #2
She faces 7 years for being sexually assaulted. Unfreakingbelievable. 951-Riverside May 2014 #3
Disagree. Bette Noir May 2014 #4
You're wrong on all points starroute May 2014 #5
did you even read the OP? alp227 May 2014 #6
Did you read anything *but* the OP? Donald Ian Rankin May 2014 #9
If someone grabbed my private parts from behind, in that context, I'd react physically too. AtheistCrusader May 2014 #8
Never said she didn't have a right to react as she did passiveporcupine May 2014 #11
I think she has a case. AtheistCrusader May 2014 #14
did you watch the video just below this reply? passiveporcupine May 2014 #16
I did, and it's blurry as hell. AtheistCrusader May 2014 #17
It would be nice to have a coherent story struggle4progress May 2014 #7
Objectivity? On DU? Are you sure you're not lost? Donald Ian Rankin May 2014 #10
Thanks for posting that passiveporcupine May 2014 #12
In that vid, to me, it looks like she attacked the cop. nt Demo_Chris May 2014 #13
Yeah well that makes it pretty clear doesn't it, some poor innocent girl just meeting friends snooper2 May 2014 #15
*** PLONK *** warrprayer May 2014 #18

passiveporcupine

(8,175 posts)
2. I'm sorry, but I won't buy into this sexual assault theme
Tue May 6, 2014, 01:36 AM
May 2014

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.

Bette Noir

(3,581 posts)
4. Disagree.
Tue May 6, 2014, 01:48 AM
May 2014

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)
5. You're wrong on all points
Tue May 6, 2014, 01:52 AM
May 2014

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)
6. did you even read the OP?
Tue May 6, 2014, 02:07 AM
May 2014
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.


Hell, it's BEYOND "sexual" assault.

Donald Ian Rankin

(13,598 posts)
9. Did you read anything *but* the OP?
Tue May 6, 2014, 03:20 AM
May 2014

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)
8. If someone grabbed my private parts from behind, in that context, I'd react physically too.
Tue May 6, 2014, 02:33 AM
May 2014

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)
11. Never said she didn't have a right to react as she did
Tue May 6, 2014, 04:02 AM
May 2014

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)
14. I think she has a case.
Tue May 6, 2014, 09:20 AM
May 2014

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)
16. did you watch the video just below this reply?
Tue May 6, 2014, 03:30 PM
May 2014

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)
17. I did, and it's blurry as hell.
Tue May 6, 2014, 03:41 PM
May 2014

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)
7. It would be nice to have a coherent story
Tue May 6, 2014, 02:29 AM
May 2014

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. Patrick’s 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)
10. Objectivity? On DU? Are you sure you're not lost?
Tue May 6, 2014, 03:21 AM
May 2014

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)
12. Thanks for posting that
Tue May 6, 2014, 04:06 AM
May 2014

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.

 

snooper2

(30,151 posts)
15. Yeah well that makes it pretty clear doesn't it, some poor innocent girl just meeting friends
Tue May 6, 2014, 09:58 AM
May 2014

Where will the OP and all the posters above go now that we have VIDEO!


And people always bitch about video cameras everywhere

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