Occupy Portland Wins Right to Jury Trials—Will Dismissals Follow? [View all]
http://blogtown.portlandmercury.com/BlogtownPDX/archives/2012/10/15/occupy-portland-wins-right-to-jury-trialswill-dismissals-follow via NY Occupy
After more than eight months of fightingand in what amounts to a huge, and hugely complicated, legal victorymany Occupy Portland defendants have finally won the right to jury trials.
This morning in the Multnomah County Courthouse, Judge Cheryl Albrecht ruled that a recent appellate court decision does indeed apply to some, but not all, Occupy cases. The decision is this: Occupiers who were originally arrested on criminal trespass charges that were later reduced to violations can now get both state-paid legal counsel and trials in front of a jury, not just a judge. And the implications could be far-reaching.
For starters, Albrechts decision means many cases that have already gone to trial, like the trials last month for November 13, 2011 eviction of Chapman Square, could now be re-litigated, this time with juries and legal counsel. This could prove to be either a hassle or a boon for defendants who thought their fight with the Multnomah County District Attorney's Office was over.
(More at the link.)