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Occupy Wall Street protesters shout slogans at NYPD. REUTERS Eduardo Munoz

Hundreds of Occupy Wall Street trials may be consolidated

1/11/2012 COMMENTS (0)

NEW YORK, Jan 11 (Reuters) - After mass arrests in Union Square on Sept. 24 and on the Brooklyn Bridge on Oct. 1, many Occupy Wall Street protesters said they would take their cases to trial, vowing to stretch the resources of the Manhattan district attorney's office and the court system to the breaking point.

And while several hundred protesters appear to be keeping that promise, it now seems likely that many of their cases will be consolidated into single trials, said Martin Stolar of the National Lawyers Guild, which is representing the bulk of the protesters.

For a group of protesters intent on spreading their anti-corporate message -- and drawing attention to what they say were illegitimate arrests -- the prospect of larger, multi-defendant trials is a double-edged sword.

On one hand, NLG lawyers said Wednesday, pursuing hundreds of individual trials could result in dismissals if police officers and other witnesses are unavailable to testify in multiple trials.

On the other hand, Stolar said, consolidated trials would probably last for days and garner additional media attention, which would appeal to protesters. Individual trials, by contrast, would last perhaps half a day each, given that the vast majority of protesters are charged with misdemeanors such as disorderly conduct or blocking vehicular traffic.

SEEKING CONSOLIDATION

On Wednesday, as a special courtroom dedicated to the Occupy cases churned through another 54 cases, prosecutors asked to consolidate defendants in groups of nine or 10. It is common for prosecutors to seek consolidation of cases that involve defendants charged under similar circumstances, such as the 700 protesters arrested en masse on the Brooklyn Bridge.

"The People have filed motions to consolidate the remaining cases for efficiency purposes, to ensure that the same witnesses, police officers, and detectives do not have to testify in unnecessarily duplicative trials," Erin Duggan, a spokeswoman for the Manhattan district attorney's office, said in an email.

Stolar said he did not think the judge assigned to the Occupy cases, Criminal Court Justice Neil Ross, would permit hundreds of individual trials.

"My reading of the tea leaves is that attempt will be foiled," Stolar said.

Instead, Stolar said, the NLG is planning to file its own consolidation motion after identifying those protesters who have the time and the desire to attend a longer trial -- perhaps 20 defendants at a time, he said. Others who cannot afford to spend several days in court will press for their own separate trials.

HANDFUL OF DISMISSALS

Eight protesters Wednesday accepted the prosecution's offer of what is known as an adjournment in contemplation of dismissal, or an ACD, which dismisses charges as long as the defendant is not arrested within the next six months.

In addition, half a dozen cases were dismissed on the spot Wednesday because prosecutors said they did not believe the charges could be proven beyond a reasonable doubt.

Duggan said about half of the 1,800 Occupy-related cases that are being handled by her office have been resolved thus far, the majority through ACDs.

Wednesday's appearances came two days after another batch of 60 to 70 protesters, most of whom were arrested in Union Square in September, appeared in court. Approximately 30 other protesters also had court appearances Tuesday, and others are expected later this week and next week.

Ross will rule on defense motions to dismiss and on the consolidation issue in February, when most of this week's cases are scheduled to return to court.

(Reporting by Joseph Ax)

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