Cecily McMillan is due to be sentenced in 10 days, and the jurors presiding over her case are worried that officials may sentence her to more jail time than she deserves.
McMillan was convicted on Monday on a second-degree assault charge stemming from a 2012 incident in which she elbowed a police officer in the face. McMillan claims the officer forcefully grabbed her breast first and that she threw her elbow back in reaction. She even posted a photo in the days following the incident showing a bruise on her breast. Nevertheless, the court sided with the NYPD on Monday and convicted McMillan of the charge.
Now, with word spreading that McMillan may face up to seven years in jail, nine of the 12 jurors who served in her case are publicly opposing the possibility of her being sent to prison.
"Most just wanted her to do probation, maybe some community service. But now what I’m hearing is seven years in jail?" one juror told the Guardian. "That’s ludicrous. Even a year in jail is ridiculous."
Here is the official letter from the nine jurors to the judge requesting leniency in the sentencing:
“We the jury petition the court for leniency in the sentencing of Cecily McMillan. We would ask the court to consider probation with community service," the letter to the judge reads. "We also ask that you factor in your deliberation process that this request is coming from 9 of the 12 member jury."
McMillan is remembered by those who protested beside her at Occupy Wall Street as having a fierce opposition to violent protest. Her attorney commented on the case this week.
"A lot of people, it seems to me, are very upset that Cecily got convicted," said Martin Stolar, McMillan’s attorney. "They're also upset about the fact that the [assistant district attorney] characterized the handprint on her breast, the injury that she received, as being put there by aliens instead of by a cop."
Stolar’s last remark refers to the statement made by prosecuting attorney Erin Choi in which she said McMillan “might as well have said that aliens came that night and assaulted her.”
Again, McMillan is scheduled to be sentenced on May 19.