Judge dismisses criminal case against pro-Palestinian protesters arrested at Columbia University building

CNN
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A New York judge on Thursday dismissed trespassing charges against 30 people who were among dozens arrested during a pro-Palestinian demonstration in April at Columbia University’s Hamilton Hall, prosecutors citing a lack of evidence.

Charges still remain against 15 of the 46 people initially arrested, the Manhattan District Attorney’s Office said.

Dozens of pro-Palestinian protesters were accused of entering the university’s Hamilton Hall without permission on April 30 and barricading themselves inside before the university requested assistance from the New York City Police Department. After they were removed from the building, many of them were charged with third-degree trespassing, a Class B misdemeanor.

Manhattan District Attorney Alvin Bragg said at the time that he wanted to review each case and make decisions based on facts and law. In the past, the Manhattan District Attorney’s Office has declined or stayed prosecution of cases in which large numbers of people were arrested as part of civil disobedience.

During Thursday’s court hearing, Judge Kevin McGrath dismissed 30 counts of trespassing against people who had no criminal history. Another defendant’s case was previously dismissed, leaving a total of 31 people no longer facing charges.

“At the time the charges were committed, the defendants were either employees or students enrolled at Columbia University and are now subject to disciplinary proceedings as students or employees,” the Manhattan District Attorney’s press release said.

Assistant District Attorney Stephen Millan on Thursday asked for the charges to be dismissed, citing “extremely limited video footage,” adding that “the surveillance cameras were immediately covered by certain defendants,” whose identities prosecutors do not know.

The available video evidence “cannot establish or prove” that the 31 people were involved in damaging university property or causing harm to anyone, making it difficult for prosecutors to prove anything other than trespassing at trial, prosecutors said.

To make matters worse, students in Hamilton Hall were wearing face masks, which, according to a police officer, made it difficult to link the students to specific crimes.

When contacted by CNN on Thursday, Columbia University declined to comment on the litigation.

Fourteen of the defendants still facing charges – 12 of whom were neither Columbia University employees nor students – have been offered a postponement with a view to possible dismissal, the Manhattan district attorney’s office said. An ACD allows a court to adjourn proceedings against a defendant – with the possibility that charges against the defendant will be dropped – provided the defendant does not commit any further crimes.

But the defendants rejected the offer, they said at a press conference outside the courtroom after Thursday’s hearing, speaking to protesters wearing a keffiyeh, a traditional Palestinian headscarf.

“We stand here today united by our action and the Palestinian cause,” said one of the protesters. “The state has again tried to divide us – by dismissing some of our cases and offering others according to its outside agitator narrative,” adding that they reject the division and say it aims to “preserve the sanctity of Columbia University, which is not an institution in the city of New York, but always stands above and separate from it.”

“All of us who participated in the liberation of Hind’s Hall were driven by the same need to escalate the situation, to escalate for Gaza, and to resist the cruel genocide of our brothers and sisters in Palestine,” the protester continued, referring to Hamilton Hall by another name given to it by protesters.

“We have exercised our collective right to oppose the U.S. war machine by focusing our forces on the Columbia years, one of its best-oiled domestic components.”

The protester said the defendants unanimously rejected the agreements in order to form a “common front against state oppression.”

The 14 defendants must appear in court again on July 25.

“The only allegation that is different is that they were not currently enrolled as students or employed by the university,” said public defender Matthew Daloisio, who represents 43 defendants.

Daloisio argued that these defendants experienced the same police raid and suffered the same injuries as everyone else in the NYPD raid.

A 15th defendant, 40-year-old James Carlson, was arrested for burglary at Columbia University. The Manhattan district attorney has charged him with third-degree trespassing, court records show. He also faces arson charges stemming from a separate incident. He has pleaded not guilty to both charges, court records show.

On Thursday, Carlson appeared in court, where the prosecutor outlined that he is accused of participating in the Hamilton Hall protests. Carlson is accused of damaging an NYPD camera and participating in the burning of an Israeli flag. As the prosecutor described the flag burning in court, some of his supporters in the courtroom giggled, prompting the court officer to reprimand them and tell them to be quiet.

The district attorney said the students whose cases were dismissed were facing school disciplinary proceedings.

CNN’s Emma Tucker contributed to this report.