New Orleans Municipal Court dismisses charges against two Gaza encampment protesters

New Orleans, LA – About 25 people filled the benches at Municipal Court, December 12, to witness proceedings against two protesters from the Tulane-Loyola University Gaza encampment, which took place this past spring. These Palestine solidarity activists faced misdemeanors for trespassing and resisting arrest. The court dismissed both charges without trial for one of them, Brenna Byrne, because the Tulane University Police Department (TUPD) witness didn’t show up.

Attendants watched closely as the second protester, a Students for a Democratic Society member and Tulane student, stood trial.

Tulane’s attorney, William Barr, was present for the trial and was seen speaking privately with the prosecutor. Two TUPD officers sat beside him – Lieutenant Johnny Miller, in uniform, and Sargeant Vincent Silva, in plain clothes.

A hearing began at 2:15 p.m. The defense made several motions, with the court granting only its motion to exclude evidence. This was essentially a request for any evidence not previously obtained by the defense to be excluded from the trial. The motion was important because the defense had not obtained videos from city crime cameras and Tulane security cameras. TUPD is obligated to provide these videos under its Cooperative Endeavor Agreement with the New Orleans Police Department. The defense argued that this implied an “adverse presumption,” meaning Tulane either destroyed or withheld evidence that hurt their case.

After the motions hearing, both sides made opening statements. The prosecution argued that the defendant trespassed onto Tulane’s campus during an “unsanctioned protest.”

“She was asked to leave, but did not leave,” he claimed. He also argued that she had resisted arrest.

The defense attorney’s response was twofold. First, he argued that, as a Tulane student, the defendant had no reason to think she wasn’t allowed on campus. Second, even if she had resisted, which the defense did not concede, any Louisiana resident has the right to resist an unlawful arrest. This is a precedent established by the state’s Supreme Court, in Monroe v. Ducas and New Orleans v. Lyons. The attorney also noted that a horse ridden by NOPD Mounted Patrol kicked the defendant during the arrest.

The prosecution only called one witness, Lt. Miller. During direct examination, Miller testified to having ordered the student to leave. As evidence, the city attorney introduced body camera footage, in which he simply identified the defendant in the corner of a frame.

During cross examination, the defense exposed that Miller did not capture any oral warning or struggle with the defendant on his body-worn camera. He appeared to have no knowledge of any “conspicuous signage” warning against trespassing, as required by Louisiana Revised Statute 14:63 in the absence of a vocal or written notice. Miller also testified to the protest having taken place around 6 p.m. on April 29, 2024, which contradicted his arrest report, dated 2:27p.m. that same day.

During closing arguments, the defense attorney concluded that the Tulane student had every right to be present on her own campus. He also reiterated that an unfounded trespassing charge automatically voids the resisting charge, because a Louisiana resident has every right to resist an unlawful arrest. The judge found the defendant not guilty on both counts.

Both defendants celebrated outside the courthouse after the trial. This victory came after a long political defense campaign, in which protesters regularly called the city attorney and rallied outside the courthouse to demand dropping the charges. Six more encampment protesters are scheduled for trial on trumped-up charges, including one facing felony resisting an officer with force.

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