Latest news with #JamieMarsicano
The Guardian
2 days ago
- Politics
- The Guardian
Judge drops domestic terrorism charges against Atlanta ‘Cop City' protester
A judge has dismissed domestic terrorism charges against a defendant in connection with vandalism against construction equipment at the future site of the police training center near Atlanta, Georgia, colloquially known as Cop City, in what is seen as a win for protesters. DeKalb superior court judge Gregory Adams ruled on Thursday that defendant Jamie Marsicano's due process and constitutional rights to a speedy trial were violated by the state's ongoing delays and failure to issue an indictment two and a half years after arresting them at a nearby music festival. 'The judge acknowledged that the state was delaying on purpose, which is what the public suspected and activists have been saying,' said Xavier de Janon, Marsicano's attorney. 'It's the idea that the process is the punishment.' Opposition to the $109m center, which opened this spring, has come from a wide range of local and national organizations and protesters, and is centered on concerns around police militarization and clearing forests in an era of climate crisis. Atlanta police say the center is needed for 'world-class' training and to attract new officers. In the last three years, the state has leveled domestic terrorism charges against opponents of the training center in DeKalb as well as Rico conspiracy charges in neighboring Fulton county, using a statute that is usually reserved for organized crime. Marsicano faced charges in both places. In a hearing last week over the DeKalb delays, De Janon called the state's attempt to level charges in two counties based on the same alleged acts, 'trying to get two bites of the apple'. Marsicano is also likely to be one of the first of 61 defendants soon to be tried in the Rico case, the largest criminal corruption indictment ever brought against members of a protest or social movement. Meanwhile, in the last several years, Marsicano has graduated law school in North Carolina and passed the bar, only to have the state board of law examiners decline to issue a license to practice due to the unresolved charges. Judge Adams wrote that the 'personal and professional consequences that [Marsicano] has faced as a result of this indefinite charge … are forms of actual prejudice'. 'Domestic terrorism shows up on housing and job applications – it's a deep social and political stigma,' Marsicano said. Adams also wrote that Georgia's deputy attorney general, John Fowler, had been using the DeKalb charges 'to gain a tactical advantage' over Marsicano. De Janon noted that the state had continued to gather evidence on Marsicano despite the charges in both counties stemming from the same alleged acts, and the deadline for gathering discovery material in the Rico case having passed. In the DeKalb hearing last week, Fowler said for the first time that delays were due in part to there being 14 terabytes of evidence – the equivalent of more than 3m photos and an amount at least twice any previous number cited by the state. 'That means there's evidence we haven't seen,' De Janon told the Guardian. Thursday's decision is the second time charges have been dismissed during the three years the state has sought to punish dozens in connection to their opposition to the police training center. Last September, Fowler dropped money-laundering charges underlying 15 of the 18 counts included in the Rico, or racketeering, indictment, against members of the Atlanta Solidarity Fund, a bail fund. De Janon also noted that judges in several hearings tied to Cop City 'have reprimanded the state' for conduct such as missing deadlines and sharing privileged attorney-client information. This, together with the dismissal of charges, 'shows the state's intense prosecution is starting to shatter'.
The Guardian
2 days ago
- Politics
- The Guardian
Judge drops domestic terrorism charges against Atlanta ‘Cop City' protester
A judge has dismissed domestic terrorism charges against a defendant in connection with vandalism against construction equipment at the future site of the police training center near Atlanta, Georgia, colloquially known as Cop City, in what is seen as a win for protesters. DeKalb superior court judge Gregory Adams ruled on Thursday that defendant Jamie Marsicano's due process and constitutional rights to a speedy trial were violated by the state's ongoing delays and failing to issue an indictment two and a half years after arresting them at a nearby music festival. 'The judge acknowledged that the state was delaying on purpose, which is what the public suspected and activists have been saying,' said Xavier de Janon, Marsicano's attorney. 'It's the idea that the process is the punishment.' Opposition to the $109m center, which opened this spring, has come from a wide range of local and national organizations and protesters, and is centered on concerns around police militarization and clearing forests in an era of climate crisis. Atlanta police say the center is needed for 'world-class' training and to attract new officers. In the last three years, the state has leveled domestic terrorism charges against opponents of the training center in DeKalb as well as Rico conspiracy charges in neighboring Fulton county, using a statute that is usually reserved for organized crime. Marsicano faced charges in both places. In a hearing last week over the DeKalb delays, de Janon called the state's attempt to level charges in two counties based on the same alleged acts, 'trying to get two bites of the apple'. Marsicano is also likely to be one of the first of 61 defendants soon to be tried in the Rico case, the largest criminal corruption indictment ever brought against members of a protest or social movement. Meanwhile, in the last several years, Marsicano has graduated law school in North Carolina and passed the bar, only to have the state board of law examiners decline to issue a license to practice due to the unresolved charges. Judge Adams wrote that the 'personal and professional consequences that [Marsicano] has faced as a result of this indefinite charge … are forms of actual prejudice'. 'Domestic terrorism shows up on housing and job applications – it's a deep social and political stigma,' Marsicano said. Adams also wrote that Georgia deputy attorney general John Fowler had been using the DeKalb charges 'to gain a tactical advantage' over Marsicano. De Janon noted that the state has continued to gather evidence on Marsicano despite the charges in both counties stemming from the same alleged acts, and the deadline for gathering discovery material in the Rico case having passed. In the DeKalb hearing last week, Fowler said for the first time that delays were due in part to there being 14 terabytes of evidence – the equivalent of more than 3m photos and an amount at least two times any previous number cited by the state. 'That means there's evidence we haven't seen,' de Janon told the Guardian. Thursday's decision is the second time charges have been dismissed during the three years the state has sought to punish dozens in connection to their opposition to the police training center. Last September, Fowler dropped money-laundering charges underlying 15 of the 18 counts included in the Rico, or racketeering, indictment, against members of the Atlanta Solidarity Fund, a bail fund. De Janon also noted that judges in several hearings tied to Cop City 'have reprimanded the state' for conduct such as missing deadlines and sharing privileged attorney-client information. This, together with the dismissal of charges, 'shows the state's intense prosecution is starting to shatter'.
Yahoo
04-03-2025
- Yahoo
Lawsuit accuses Atlanta police of illegally targeting 'Cop City' activists
The Brief An arrested "Stop Cop City" activist has filed a lawsuit accusing Atlanta police of illegally targeting critics of the city's public safety training center. Jamie Marsicano was arrested after a music festival and accused of being part of a group that clashed with police at the construction site in 2023. Their lawsuit claimed that authorities have repeatedly made arrests without cause and led to difficulties finding a job or housing. ATLANTA - A new lawsuit filed in federal court by an arrested "Stop Cop City" activist has accused Atlanta police of illegally targeting critics of the city's soon-to-be-opened public safety training center. The lawsuit, filed on behalf of Jamie Marsicano, alleges that authorities view any critic of the training center as a would-be criminal and have repeatedly made arrests without cause, depriving protesters of their First Amendment rights and their civil rights protections against false arrest and malicious prosecution. MORE: Cop City fight: Court battle over Atlanta Public Safety Center continues as opening date nears The backstory The 85-acre, $115-million facility has been the subject of debate and protests for years as activists attempt to stop what they have nicknamed "Cop City." Protests against the project, which have at times resulted in violence and vandalism, escalated after state troopers fatally shot an activist near the site in January 2023. A special prosecutor in October 2023 said he would not pursue charges against the troopers who shot Tortuguita, saying he found that their use of deadly force was "objectively reasonable." The city says the issues caused by protesters have raised the cost of the training center by about $20 million. PREVIOUS STORY: Tour Atlanta's new $115M training facility for first responders In March 2023, officers arrested 23 people near a music festival near the construction site after officials say a group of more than 150 masked individuals stormed the area and clashed with police. A video released by the Atlanta Police Department showed what appears to be fireworks aimed at officers. In the same video, you can see items including rocks and Molotov cocktails being thrown by protestors in the direction of police, a tipped-over vehicle that later became engulfed in flames, and protestors attempting to set other pieces of construction equipment on fire. Marsicano was taken into custody on the same day during a sweep of the area because they had on "muddy clothing" and was carrying a shield, officers wrote in their arrest warrant. Marsicano's attorneys say those assertions were false. What they're saying Marsicano's attorneys say their client was not among the group that attacked the construction site and never left the festival grounds until they were arrested while walking back to their vehicle after police ordered everyone to disperse. According to the lawsuit, Marsicano was caught up in an "indiscriminate mass arrest of legitimate festival attendees" that was part of a pattern spearheaded by Atlanta Police Chief Darin Schierbaum of authorities targeting the "Stop Cop City" movement. Marsicano was subsequently charged with domestic terrorism. Months later, they were one of 61 charged with violating Georgia's Racketeer Influenced and Corrupt Organizations Act, known as RICO, by the Georgia Attorney General. As a result of their arrest, Marsicano was banned from the University of North Carolina at Chapel Hill campus and completed their law degree remotely, but has had difficulty finding a job and securing housing because of the charges, the lawsuit claimed. Marsicano was "publicly broadcast to the world as a 'domestic terrorist' and 'RICO co-conspirator,' forever tarnishing Plaintiff's personal and professional life," the lawsuit said. The lawsuit lists more than a dozen instances in which authorities "pretextually charged individuals deemed to be at or around Stop Cop City," including after a May 2022 protest where three people "walking home were selectively stopped for carrying Stop Cop City signs," and taken into custody. Those arrests, as well as others, have led to civil lawsuits that are pending. Marsicano's lawsuit names various law enforcement officials as well as the city of Atlanta, which it accuses of having made a "custom and practice" of targeting critics of the training center. What's next Last week, attorneys for the city and activists attempting to stop the project appeared in court to argue over a push for a referendum that would put the city's lease to the Atlanta Police Foundation, the nonprofit that runs the facility, up for a vote. The court has not ruled on the referendum at this time. The center is expected to be fully operational by the end of March or the beginning of April. The Source Information for this story came from the Associated Press and previous FOX 5 reporting.
Yahoo
03-03-2025
- Politics
- Yahoo
Lawsuit accuses Atlanta police of illegally targeting 'Stop Cop City' protesters
ATLANTA (AP) — Atlanta police have for years illegally targeted critics of a police and firefighter training center, according to a federal lawsuit filed on behalf of a protester who is one of dozens of 'Stop Cop City' activists facing domestic terrorism and racketeering charges. The lawsuit, filed on behalf of Jamie Marsicano, alleges that authorities view any critic of the training center as a would-be criminal and have repeatedly made arrests without cause, depriving protesters of their First Amendment rights and their civil rights protections against false arrest and malicious prosecution. The long-brewing controversy over the training center erupted in January 2023 after state troopers who were part of a sweep of the South River Forest killed an activist who authorities said had fired at them. Numerous protests ensued, with masked vandals sometimes attacking police vehicles and construction equipment to stall the project and intimidate contractors into backing out. See for yourself — The Yodel is the go-to source for daily news, entertainment and feel-good stories. By signing up, you agree to our Terms and Privacy Policy. Though the training center is nearly complete, dozens of defendants, including Marsicano, are facing a state racketeering charge that critics have decried as heavy-handed attempts to silence the movement, which emerged in the wake of the 2020 racial justice protests. Environmental activists and anti-police demonstrators argued that uprooting acres of trees for the facility would exacerbate environmental damage in a flood-prone, majority-Black area while serving as an expensive staging ground for militarized officers to be trained in quelling social movements. Marsicano, 31, was among 23 people arrested near a music festival in DeKalb County in March 2023, hours after a group of more than 150 masked festivalgoers trekked about three-quarters of a mile (1.2 kilometers) through the South River Forest and stormed the training center's construction site, with some lighting equipment on fire as others threw objects at retreating officers. The group then returned to the festival to blend in with the crowd. According to an arrest warrant, authorities said Marsicano, who uses they/them pronouns, was taken into custody because they had on 'muddy clothing' from crossing through the woods and possessed a shield, assertions that Marsicano's attorneys say are false. Marsicano's attorneys say their client was not among the group that attacked the construction site and never left the festival grounds until they were arrested while walking back to their vehicle after police ordered everyone to disperse. Marsicano was caught up in an 'indiscriminate mass arrest of legitimate festival attendees' that was part of a pattern spearheaded by Atlanta Police Chief Darin Schierbaum of authorities targeting the 'Stop Cop City' movement, according to the lawsuit, which was filed Feb. 24. Marsicano was subsequently charged with domestic terrorism and, months later, was one of 61 charged with violating Georgia's Racketeer Influenced and Corrupt Organizations Act, known as RICO. Marsicano was banned from the University of North Carolina at Chapel Hill campus after their arrest and completed their law degree remotely but has had difficulty finding a job and securing housing because of the charges, according to the lawsuit. Marsicano was 'publicly broadcast to the world as a 'domestic terrorist' and 'RICO co-conspirator,' forever tarnishing Plaintiff's personal and professional life,' the lawsuit said. The lawsuit lists more than a dozen instances in which authorities 'pretextually charged individuals deemed to be at or around Stop Cop City,' including after a May 2022 protest where three people 'walking home were selectively stopped for carrying Stop Cop City signs,' and taken into custody. Those arrests, as well as others, have led to civil lawsuits that are pending. Marsicano's lawsuit names various law enforcement officials as well as the city of Atlanta, which it accuses of having made a 'custom and practice' of targeting critics of the training center. Neither the Atlanta Police Department nor a spokesperson for the city immediately responded to a request for comment. City officials say the $115 million, 85-acre (34-hectare) campus will replace outdated, far-flung facilities and boost police morale amid hiring and retention struggles. Atlanta Mayor Andre Dickens has also said that the facility will teach the 'most progressive training and curriculum in the country' and that officials have repeatedly revised their plans to address environmental concerns.
The Independent
03-03-2025
- Politics
- The Independent
Lawsuit accuses Atlanta police of illegally targeting 'Stop Cop City' protesters
Atlanta police have for years illegally targeted critics of a police and firefighter training center, according to a federal lawsuit filed on behalf of a protester who is one of dozens of 'Stop Cop City' activists facing domestic terrorism and racketeering charges. The lawsuit, filed on behalf of Jamie Marsicano, alleges that authorities view any critic of the training center as a would-be criminal and have repeatedly made arrests without cause, depriving protesters of their First Amendment rights and their civil rights protections against false arrest and malicious prosecution. The long-brewing controversy over the training center erupted in January 2023 after state troopers who were part of a sweep of the South River Forest killed an activist who authorities said had fired at them. Numerous protests ensued, with masked vandals sometimes attacking police vehicles and construction equipment to stall the project and intimidate contractors into backing out. Though the training center is nearly complete, dozens of defendants, including Marsicano, are facing a state racketeering charge that critics have decried as heavy-handed attempts to silence the movement, which emerged in the wake of the 2020 racial justice protests. Environmental activists and anti-police demonstrators argued that uprooting acres of trees for the facility would exacerbate environmental damage in a flood-prone, majority-Black area while serving as an expensive staging ground for militarized officers to be trained in quelling social movements. Marsicano, 31, was among 23 people arrested near a music festival in DeKalb County in March 2023, hours after a group of more than 150 masked festivalgoers trekked about three-quarters of a mile (1.2 kilometers) through the South River Forest and stormed the training center's construction site, with some lighting equipment on fire as others threw objects at retreating officers. The group then returned to the festival to blend in with the crowd. According to an arrest warrant, authorities said Marsicano, who uses they/them pronouns, was taken into custody because they had on 'muddy clothing' from crossing through the woods and possessed a shield, assertions that Marsicano's attorneys say are false. Marsicano's attorneys say their client was not among the group that attacked the construction site and never left the festival grounds until they were arrested while walking back to their vehicle after police ordered everyone to disperse. Marsicano was caught up in an 'indiscriminate mass arrest of legitimate festival attendees' that was part of a pattern spearheaded by Atlanta Police Chief Darin Schierbaum of authorities targeting the 'Stop Cop City' movement, according to the lawsuit, which was filed Feb. 24. Marsicano was subsequently charged with domestic terrorism and, months later, was one of 61 charged with violating Georgia's Racketeer Influenced and Corrupt Organizations Act, known as RICO. Marsicano was banned from the University of North Carolina at Chapel Hill campus after their arrest and completed their law degree remotely but has had difficulty finding a job and securing housing because of the charges, according to the lawsuit. Marsicano was 'publicly broadcast to the world as a 'domestic terrorist' and 'RICO co-conspirator,' forever tarnishing Plaintiff's personal and professional life,' the lawsuit said. The lawsuit lists more than a dozen instances in which authorities 'pretextually charged individuals deemed to be at or around Stop Cop City,' including after a May 2022 protest where three people 'walking home were selectively stopped for carrying Stop Cop City signs,' and taken into custody. Those arrests, as well as others, have led to civil lawsuits that are pending. Marsicano's lawsuit names various law enforcement officials as well as the city of Atlanta, which it accuses of having made a 'custom and practice' of targeting critics of the training center. Neither the Atlanta Police Department nor a spokesperson for the city immediately responded to a request for comment. City officials say the $115 million, 85-acre (34-hectare) campus will replace outdated, far-flung facilities and boost police morale amid hiring and retention struggles. Atlanta Mayor Andre Dickens has also said that the facility will teach the 'most progressive training and curriculum in the country' and that officials have repeatedly revised their plans to address environmental concerns.
