Prosecutors aim new weapon at Occupy activists: lynching allegation

[jimmy olsen]

While technically accurate going by the description of the law, I think there's an obvious difference when one "rescues" someone from law enforcement rather than kidnapping someone from law enforcement with the intent to murder them. The law should be clarified, and a new statue written to handle and penalize this situation.

http://usnews.msnbc.msn.com/_news/2012/01/17/10177446-prosecutors-aim-new-weapon-at-occupy-activists-lynching-allegation

Prosecutors aim new weapon at Occupy activists: lynching allegation

By Kari Huus, msnbc.com

Sergio Ballesteros, 30, has been involved in Occupy LA since the movement had its California launch in October. But this week, his activism took an abrupt turn when he was arrested on a felony charge — lynching.

Under the California penal code, lynching is "taking by means of a riot of any person from the lawful custody of any peace officer," where "riot" is defined as two or more people threatening violence or disturbing the peace. The original purpose of the legal code section 405a was to protect defendants in police custody from vigilante mobs — especially black defendants from racist groups.


Whether its use in this case will be upheld by California's courts is uncertain. But the felony charge — which carries a potential four-year prison sentence — is the kind of accusation that can change the landscape for would-be demonstrators.

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"Felonies really heighten the stakes for the protesters," said Baher Azmy, legal director at Center for Constitutional Rights in New York. "I think in situations where there are mass demonstrations and a confrontation between protesters and police, one always has to be on the lookout for exaggerated interpretations of legal rules that attempt to punish or squelch the protesters."

Ballesteros, a teacher-turned-social-activist, was one of two people arrested during an "art walk" in downtown Los Angeles on Thursday. He and other Occupy LA activists — maybe 200, he said — had joined the procession to bring their message about social injustice to the thousands of gallery-goers.

One protester who was playing a drum was arrested after stepping off the curb into the street. Ballesteros said that in doing so, the drummer was joining hundreds of other people who could not fit on the crowded sidewalk.

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Ballesteros said he was across the street when he saw the arrest — which he said looked excessively rough -- and it was "startling." Under legal advice, Ballesteros is not providing additional detail, but apparently he objected — in some fashion — to the arrest. A video of the crowded scene posted on YouTube shows Ballesteros on the ground, being handcuffed.

He was booked into jail on a felony charge, the Los Angeles Police department confirmed, and released on $50,000 bail early Tuesday morning.

'I can't go out and express myself'
Ballesteros is not the first protester to face this 1933 California law.

Occupy Oakland activist Tiffany Tran, 23, was arrested Dec. 30 and charged with "lynching." At an arraignment four days later,  prosecutors opted not to file the charges, the San Francisco Bay Guardian reported. They could change their minds until the one-year statute of limitations expires.
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"Now I feel I can't go out and express myself as I should be able to," Tran told the paper.

Houston DA turns up the heat on Occupy activists

In the handful of protest cases in which lynching has been used as a charge in the past, it later has been dropped. However, in one case, a court concluded that "lynching" could include "a person who takes part in a riot leading to his escape from custody."

Most states have laws against lynching — largely drafted to prevent white supremacists and other vigilante groups from using violence against African Americans and white people who supported them. Hundreds of lynchings of this sort took place in the late 1800s through the mid-1900s.

Trying to silence him?
Ballesteros, who spoke to msnbc.com on Monday, said that he does not believe he will be convicted of lynching.

"They don't have much," he said of the case against him.

He also faces a misdemeanor charge for his arrest Nov. 30, when he was among more than 200 people who defied eviction from an encampment on the grounds of Los Angeles' City Hall. There was an arraignment for protesters arrested that day, but they were told no charges yet had been filed.

"They have a year to do so," said Ballesteros. "Now they certainly will. It's obvious. It's all political."

[11B4V]

 

[Ideologue]

Sure, let's make the consequences of being arrested at an Occupy site so dire that it becomes a rational response to deliberately attack any police officer who attempts an arrest.

[garbon]

Sure, let's make the consequences of being arrested at an Occupy site so dire that it becomes a rational response to deliberately attack any police officer who attempts an arrest.

The lynching would be the attempting to take someone back who was being arrested.

[Ideologue]

Or "[object]--in some fashion."

Which you may do by accident, or more precisely instinct and without reflection; or simply be accused thereof.  At which point--assuming, for the sake of this argument, that a application of the lynching statute is correct and a conviction shall arise--you might as well engage in desperate street fighting with the cops, since your life is functionally over.

[Neil]

Sure, let's make the consequences of being arrested at an Occupy site so dire that it becomes a rational response to deliberately attack any police officer who attempts an arrest.

That's a good idea, because then they can roll the tanks in and crush the insurrection.

[Ideologue]

At which point public opinion turns emphatically against the government, and real change becomes possible.

But I'd probably prefer if they used interfering with a peace officer instead or similar instead of a statute obviously not intended for such a situation.

[garbon]

Or "[object]--in some fashion."

Which you may do by accident, or more precisely instinct and without reflection; or simply be accused thereof.  At which point--assuming, for the sake of this argument, that a application of the lynching statute is correct and a conviction shall arise--you might as well engage in desperate street fighting with the cops, since your life is functionally over.

Potentially 4 years of a felony = life over?  Besides unless you think there are no cameras, you are better off not doing anything. After all, I think your life is definitely over if you are cut killing a cop while trying to prevent an arrest.

[Neil]

At which point public opinion turns emphatically against the government, and real change becomes possible.

But I'd probably prefer if they used interfering with a peace officer instead or similar instead of a statute obviously not intended for such a situation.

Why would public opinion turn against a government who is dealing with violent maniacs bent on destroying civilization?

[Razgovory]

While technically accurate going by the description of the law, I think there's an obvious difference when one "rescues" someone from law enforcement rather than kidnapping someone from law enforcement with the intent to murder them. The law should be clarified, and a new statue written to handle and penalize this situation.

We have enough people pretending to be lawyers here as it is, Tim.

[HisMajestyBOB]

At which point public opinion turns emphatically against the government, and real change becomes possible.

But I'd probably prefer if they used interfering with a peace officer instead or similar instead of a statute obviously not intended for such a situation.

Why would public opinion turn against a government who is dealing with violent maniacs bent on destroying civilization?

Because it's in bed with greedy maniacs who are bent on destroying civilization.

[Ideologue]

Or "[object]--in some fashion."

Which you may do by accident, or more precisely instinct and without reflection; or simply be accused thereof.  At which point--assuming, for the sake of this argument, that a application of the lynching statute is correct and a conviction shall arise--you might as well engage in desperate street fighting with the cops, since your life is functionally over.

Potentially 4 years of a felony = life over?

Life as one knows it, certainly; a life worth living, highly likely.

In any event potential felony convictions have a way of inciting people to a desperation they may not otherwise feel and acts they may not otherwise perform.  Do you disagree?  How many traffic-stops-gone-wrong involve unwillingness to pay a fine, and not the prospect of arrest and serious jail time?

[garbon]

Or "[object]--in some fashion."

Which you may do by accident, or more precisely instinct and without reflection; or simply be accused thereof.  At which point--assuming, for the sake of this argument, that a application of the lynching statute is correct and a conviction shall arise--you might as well engage in desperate street fighting with the cops, since your life is functionally over.

Potentially 4 years of a felony = life over?

Life as one knows it, certainly; a life worth living, highly likely.

In any event potential felony convictions have a way of inciting people to a desperation they may not otherwise feel and acts they may not otherwise perform.  Do you disagree?  How many traffic-stops-gone-wrong involve unwillingness to pay a fine, and not the prospect of arrest and serious jail time?

I think you are confused. What poor little rich kid protesting the man is going to go for more blood in cases like this? If anything they'll be more concerned about the hassle of getting their lawyer to get them off. I don't think they are going to go for the jugular and start taking police out.

[Ideologue]

The point is--despite my glibness--is that I don't think raising the stakes is good for anyone.  Not protestors, obviously; not cops; not public order.

[garbon]

I think it could be. Raise the deterrent and scare some kids off.