An Occupy Wall Street activist is due to go on trial in New York on Monday, almost two years after she allegedly assaulted a police officer.
Cecily McMillan, 25, faces up to seven years in jail after being charged with assault in the second degree, a Class D felony in New York. Police allege that McMillan elbowed an officer in the head during a protest in lower Manhattan in March 2012.
McMillan’s attorney, Martin Stolar, told the Guardian that while there was “no question” the officer was struck below the eye by McMillan’s elbow, he planned to argue that no crime had been committed.
“The question for the jury is whether she intentionally assaulted him,” Stolar said. “We’re going to present evidence that indicates: No1 that she had no idea it was a police officer behind her and No2 that she reacted when someone grabbed her right breast.”