Jeff Wozniak, the lead attorney for the protesters, said the hearing was still a significant win.
“For three-quarters of the charges, there was not enough evidence — even at this stage of a preliminary hearing, where the standard of evidence is very low — for the judge to hold those clients to those charges,” Wozniak said. “This case was overcharged, and it’s been a humongous waste of resources. They have likely spent more than the bridge authority is asking for just to prosecute this case.”
The San Francisco public defender’s office agreed.
“The court’s, and the DA’s, dismissal of the vast majority of the charges against Golden Gate Bridge protesters today is a huge vindication of our position that the DA drastically overcharged these cases,” Deputy Public Defender Nuha Abusamra, one of the attorneys defending the protesters, said in a statement.
The district attorney’s office dropped 12 of its false imprisonment counts earlier in the hearing without providing evidence. An additional 11 were dismissed by Conroy, who said that the evidence provided lacked necessary information related to the time and place of the alleged imprisonment.
He also dropped a misdemeanor charge against all but one of the defendants who alleged they failed to comply with a peace officer, saying there was no evidence provided through law enforcement officers’ testimony that seven of the defendants were told directly to disperse.
It’s still possible that the felony charges could be downgraded as the case plays out.
The defendants have been ordered to appear for an arraignment on Dec. 6, where the defense said it plans to ask the judge for a restitution hearing to get a true estimation of the money requested by any victims. The district attorney’s office could not give an exact amount for the bridge authority’s losses, which defense attorneys called speculative. The figure also does not factor in whether individuals who were allegedly falsely imprisoned will seek monetary relief.
After requesting the restitution hearing, defense attorneys plan to reintroduce their motion to recategorize the felony conspiracy charges to misdemeanors.
“We are not interested in continuing to utilize these court resources, city and county resources. Folks want to get back on the street and demand a ceasefire, demand an end to genocide,” Wozniak said. “The district attorney wanted a holding order today, and that’s what happened, but we’re going to continue fighting this case. We’re going to show that there is not much restitution that needs to be paid and get this case dismissed.”