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Judge releases 7 Occupy Houston protesters, citing lack of evidence
Topic Started: Dec 15 2011, 01:32 AM (153 Views)
vicky99
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Occupy Protester
[ *  * ]
By JAMES PINKERTON, HOUSTON CHRONICLE
Updated 03:06 p.m., Wednesday, December 14, 2011

A state judge Wednesday ruled there was no probable cause to hold seven Occupy Houston protesters on felony charges of using a criminal instrument during a demonstration at the Port of Houston on Monday.

Colleen Barnett, an assistant Harris County district attorney, confirmed that 248th District Court Judge Joan Campbell made the ruling in court Wednesday morning. Campbell found the protesters use of a so-called "arm tube" - a shackle device fashioned from PVC pipe - did not meet the legal requirements of being a criminal instrument, Barnett said.

Attorneys defending the protesters had predicted the felony charges would not withstand judicial scrutiny, and said the over-charging was a continuation of a practice by the Houston Police Department of punishing protesters.

Misdemeanor charges are still pending against 13 other protesters who were arrested Monday for blocking a roadway at the Port of Houston.

"These kinds of cases regarding criminal instruments by protesters have been forwarded by the Houston Police Department, and dismissed, on many prior occasions," said Randall Kallinen, a civil rights attorney who represented Eric Marquez, one the seven protesters.

Kallinen alleged HPD used the felony charges to punish, intimidate and frighten peaceful protesters to avoid expressing their rights to free speech by charging them with more serious felony charges. The seven were charged with a state jail felony, which is punishable by six months to two years in jail, and a fine of up to $10,000.

Barnett said the felony charges were appropriate, and noted the PVC "arm tubes" prevented officers from arresting them and had to be removed by a Houston Fire Department rescue team.

The legal case against the seven protesters may not be over, since the felony charges could be presented to a Harris County grand jury for consideration, Barnett said.

james.pinkerton@chron.com

Source: http://www.chron.com/news/houston-texas/article/Judge-releases-7-Occupy-Houston-protestors-2402929.php
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vicky99
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Occupy Protester
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Occupy Houston scores legal victory in court

Deborah Wrigley

HOUSTON (KTRK) -- Whether you support it or not, the Occupy Houston movement Wednesday scored a legal victory in court, but that victory may be short-lived.

On Monday afternoon, Occupy protestors blocked traffic outside the gates to the Port of Houston. They were said to be showing their support for union longshoremen on the West Coast. Some joined hands, others were joined by PVC pipe that locked their arms which the Houston Fire Department had to saw off beneath a tent.

Police viewed the pipe as more than PVC and charged seven protestors with a felony -- manufacturing a criminal instrument. After a brief hearing Wednesday morning, the charges were dismissed by Judge Joan Campbell, which prompted a silent round of applause with hand waving.

"I can't even tell you how relieving it is. But we've already gone through so much, you know. I feel that we deserve every bit of this dismissal," said Natalie Atwater.

"Spent a good night in the county jail getting ready for this day, so just happy it turned out nicely," Ronnie Garza said.

Some Occupy protestors have said it was their intention to be arrested, but there's also a consequence.

"Just went through a night in jail and saw the horrendous conditions and saw the way the country treats people who are innocent until proven guilty and I found it disgusting," said Elijah Allred.

Three of the protestors were in court this morning, four more in jail will be released. Daphne Silverman is one of the group's attorneys.

"This is a very fair and reasonable judge. I've had good experiences with her in the past and good experiences don't mean all my clients walk out of the courtroom, but they all got a good day in court," said Daphne Silverman, one of Occupy's attorneys.

And so it ends for this set of arrests and back to the streets, as the Occupy protesters chanted outside the courthouse.

12 comments
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1

dogsareworthless13

12/14/11 3:12 PM CST
"But we've already gone through so much"?? They gone through so much? Or they created the mess for themselves?? There is a difference you know. If they had been at home, minding their own business, or out applying for a job, they never would have been arrested in the first place. Jeez. Mark As Violation

2

booozehound21

12/14/11 4:25 PM CST
I wonder if the jailers made them take showers. Mark As Violation

3

Born2mudbath

12/14/11 4:46 PM CST
Judge Joan Campbell, thanks for letting them waste our tax dollars! Mark As Violation

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12

fracballs

12/14/11 7:18 PM CST
manufacturing a criminal instrument seems like an arcane charge. that's the best the da could do? Mark As Violation

13

mwhitley4

12/14/11 8:52 PM CST
The police knew full well that charge would be dismissed, but the protesters were able to be held overnight, at least. I believe they could have found a better way to protest than blocking the road. Mark As Violation

SOURCE: http://abclocal.go.com/ktrk/story?section=news%2Flocal&id=8466982&cmp=fb-ktrk-article-8466982

HERE'S AN OPPORTUNITY TO OCCUPY THE COMMENTS SECTION! :)
Edited by vicky99, Dec 15 2011, 04:11 AM.
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