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Cecily McMillan arrives at court in New York at the start of her assault trial. (Photo: Andrew Gombert/EPA)

OWS Activist Found Guilty of 'Assaulting' Cop Who Allegedly Sexually Assaulted Her

Cecily McMillan, who faces up to seven years in prison, was immediately handcuffed and 'whisked away'

Sarah Lazare

Cecily McMillan, the 25-year-old Occupy Wall Street organizer who was allegedly sexually assaulted and brutalized by a police officer at Zuccotti Park, is facing up to seven years in prison after—in what her supporters say is a cruel twist—she was convicted Monday afternoon of "felony assault" of the very police officer she says is her perpetrator.

"This threatens a chilling effect over protest movements going forward," said Stan Williams, media coordinator for Justice for Cecily, in an interview with Common Dreams. "I am so sad and raw right now."

After four weeks of trial and just three hours of jury deliberation, the verdict was issued Monday afternoon, and Judge Ronald Zweibel immediately remanded McMillan into custody pending sentencing, rejecting her lawyer's requests for bail.

The courtroom, which was packed with McMillan's supporters and approximately 50 police officers, erupted into cries of "Shame!" as McMillan was handcuffed. According to Williams, people who stood up were pushed down and told to be quiet, yet the crowd "continued to shout and yell."

"You could see Cecily over the heads of police officers who lined the front of the courtroom," he added. "She looked upset and in shock over the verdict. Then she was whisked away."

Williams said the scene was "extremely triggering" given the brutality of the March 2012 incident around which the trial orbited. According to a statement from Justice for Cecily,

[O]n March 17, 2012, Cecily’s attendance at Zuccotti was a point of party, not protest. It was St. Patrick’s Day and as a McMillan, she vowed for this one occasion to put down the bullhorn and pick up the beer. Cecily swung by the park to pick up a friend on her way to a nearby pub. Minutes later, she was sexually assaulted while attempting to leave Zuccotti in compliance with police evacuation orders. Seized from behind, she was forcefully grabbed by the breast and ripped backwards. Cecily startled and her arm involuntarily flew backward into the temple of her attacker, who promptly flung her to the ground, where others repeatedly kicked and beat her into a string of seizures.

McMillan is described by her supporters as "a 25-year-old organizer" who "has been politically active for over a decade — most notably in the Democratic Socialists for America, the anti-Scott Walker mobilization, and Occupy Wall Street."

She earlier rejected a deal from prosecutors, in which she would plea guilty to second-degree assault of a police officer in exchange for a recommendation from prosecutors for no prison time.

McMillan's supporters have slammed Judge Zweibel for imposing a gag order on her lawyers and showing strong favor to the prosecution.

McMillan will soon be on her way to Rikers Island, said Williams.

According to The Guardian, "Hers is believed to be the last of more than 2,600 prosecutions brought against members of the movement, most of which were dismissed or dropped."

McMillan's supporters say McMillan will fight the verdict in an appeals court. According to Williams, there will be a rally Monday evening at Zuccotti Park, and there is a separate fund being collected for her commissary costs.

In a statement immediately following the verdict, Justice for Cecily declared:

We recognize that, as poorly as Cecily has been treated these past two years, she was lucky enough to have an amazing support system comprised of representation from the National Lawyer’s Guild and Mutant Legal, as well as significant financial help from supporters of Occupy Wall Street and a team of ten who tirelessly worked to bring her case to light and support her through this trying time. It’s harrowing to imagine how many unfortunate people encounter this system without the resources Cecily had, though we know countless innocent people are forced to plea to felonies and ruin their lives every day in this building.

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