A judge ordered a dozen Occupiers arrested at last week’s police round-up to perform five hours of community service each — but not at Bank Of America.
“Your honor, they wanted to work at Bank Of America, but I told them they couldn’t,” attorney Diane Polan joked in courtroom A of state Superior Court on Elm Street Friday morning.
Polan was representing 12 of 13 protesters who were arrested on April 18 when the city finally succeeded in removing the 6‑month-old Occupy New Haven encampment. It was one of the last standing camps of those that sprang up last fall with the arrival of the Occupy Wall Street movement, and the last standing in New England. The movement coalesced to oppose income inequality and the predatory practices of financial institutions like Bank of America.
The 13 defendants appeared in court Friday to answer to charges of interfering and disorderly conduct. Polan helped broker a deal with state prosecutor Joe Danielowski that knocked the charges down to creating a public disturbance, which is an infraction instead of a misdemeanor.
The new charge comes with occupiers’ choice of $50 or five hours of community service. All occupiers elected to serve the community rather than fork over the cash.
Shortly before 11 a.m., Polan conferred with her clients in the hallway outside the courtroom, asking for a show of hands on whether to take the deal. All hands went up.
Polan, who has 40 years of community activism experience, said sometimes protesters have to settle legal matters quickly, to keep organizing efforts alive. “When you’re arrested, your dispute is not with the court system.”
Polan represented the occupiers pro bono as a member of the National Lawyers Guild.
At 11:10 a.m., the baker’s dozen of Occupiers appeared en masse in front of Judge Karen Sequino. One by one, they pleaded guilty to the infraction.
Sara Gregory (pictured), who uses a wheelchair, was exempted from the community service sentence.
Judge Sequino explained that the occupiers need to perform their community service at a charity of some kind.
Occupier Ray Neal sought clarification on whether or not he would have a criminal record as a result of pleading guilty to the infraction. He will not.
Asked if she pleads guilty, occupier Danielle DiGirolamo (pictured) said, “Only for standing up for what I believe in.”
“Guilty with an explanation,” the judge noted.
Occupier Josh Heltke (pictured) displayed an Occupy New Haven sweatshirt, reading in part, “we must remain vigilant in order to remain free.”
Occupier Ben Weidner was last to appear, represented by attorney Chris DeMarco.
Walking out of the courthouse, Neal said he won’t have any trouble fulfilling his community service requirement. “I already work at a soup kitchen.” Neal said he volunteers at the kitchen on Broadway, conveniently located next to a Bank of America branch. “I can do my protesting then go over to the soup kitchen.”
“We’ve logged a thousand hours of community service” while camped on the Green, said Don Montano (pictured). “So what’s another five hours?”
Jarrett Lloyd said he was satisfied with the outcome but didn’t like pleading guilty.
Weidner’s mom, Becky Sandmann (pictured with Polan), said she thinks the occupiers should do their service cleaning up the Green. “I think that’d be appropriate.”
So does Neal. “I don’t know if the city would go for that,” he said. “I would love to.”
Reviving the area that was occupied by the camp is requiring trained experts to restore, said city spokeswoman Elizabeth Benton. But occupiers could volunteer in other ways with the newly formed Friends of the New Haven Green, she said. “I’m sure they would welcome an extra hand.”
Ms. DiGirolamo is lucky she was appearing before Judge Sequino as other judges do not suffer fools so gladly. Guilty of "Only for standing up for what I believe in."? Then she shouldn't have taken the deal. Entering a plea is a solemn occasion not a time for political theater. It involves a waiver of the accused's right to a trial on the charges and acceptance of the consequences. Now, this was a good result for everyone, as the charge they all plead to is the equivalent of a traffic ticket. But don't make a mockery of it.