Nine members of the jury that convicted an Occupy Wall Street protester of felony assault of an officer have signed a letter asking that the judge not sentence her to any prison time. “We the jury petition the court for leniency in the sentencing of Cecily McMillan,” the letter reads. “We feel that the felony mark on Cecily’s record is punishment enough for this case and that it serves no purpose to Cecily or to society to incarcerate her for any amount of time.”
One member of the jury told the Guardian a day after the verdict that they weren’t aware that McMillan was facing up to seven years in prison for their verdict: “Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail? That’s ludicrous. Even a year in jail is ridiculous.”
In the trial that lasted nearly four weeks, McMillan claimed that her arresting officer, Grantley Bovell, violently grabbed her breast, which caused her to rear back and strike him with her elbow. Officer Bovell testified that it was intentional. Photographs show a deep bruise on McMillan’s right breast, but the jury told the Guardian they were swayed by a grainy video.
Judge Ronald Zweibel has not shown sympathy for McMillan; he sent her to Rikers without bail after the verdict (and denied her appeal), denied a request to unseal evidence that may have cast more doubts on Officer Bovell’s credibility, imposed a gag order on McMillan’s attorneys, and on more than one occasion acted angrily towards her supporters in the courtroom.
McMillan’s sentencing is on May 19th