Antifa Charges Dropped, Court Says Judge Has No Authority To Force Prosecution

Municipal Court Judge Richard Sinnott refused to dismiss charges against the Straight Pride Parade protesters.

Boston, MA – The Massachusetts Supreme Judicial Court has ruled that the Boston Municipal Court judge who refused to dismiss charges against protesters who fought with police during the Straight Pride Parade did so in violation of the State Constitution.

Suffolk District Attorney Rachael Rollins accused Boston Municipal Court Judge Richard Sinnott of “overstepping his role,” after he refused to go along with her office’s motions to dismiss cases against many of the three dozen protesters who were charged, the Boston Globe reported.

Rollins subsequently asked the high court to intervene, according to USA Today.

Massachusetts Supreme Judicial Court Justice Frank Gaziano agreed with Rollins, and alleged that Sinnott’s denial of the prosecutors’ motions violated the state constitution’s separation of powers between the executive and judicial branches.

“The prosecutor's sole authority to determine which cases to prosecute, and when not to pursue a prosecution, has been affirmed repeatedly by this court since the beginning of the 19th century,” Gaziano wrote, according to USA Today.

He added that Sinnott had “no authority to ‘deny’” the prosecutors’ request to abandon the cases.

Rollins declared that the State Supreme Court’s ruling provided “clarity” for future cases.

“We thought we had it but now it is crystal clear that we have the authority to do what it is that we did,” she announced, according to USA Today. “We will continue to do so.”

Rollins called the dispute “a colossal waste of time,” and argued that “anyone who’s gone to law school knows that there’s a separation of powers.”

Four Boston police officers were injured during altercations with angry protesters, many of whom were antifa who accused police of unjustly protecting those who were participating in the parade, the Boston Globe reported.

Some of the protesters blocked roadways to prevent motorcycle officers from being able to disperse the unruly crowd.

Protesters also attacked officers with “bottles of urine, bottles of chemicals, bottles of unidentified materials and rocks,” Boston Police Patrolmen’s Association (BPPA) Vice President Lawrence Calderone told WBUR.

Police deployed pepper spray during some of the altercations that ensued, and 36 people were ultimately arrested, the Boston Globe reported.

Sinnott repeatedly denied nearly every attempt prosecutors made to dismiss charges against those arrested during the clashes.

One of the cases involved a 26-year-old man who allegedly formed a human chain with other protesters.

Prosecutor Jessica Erickson told the judge that the suspect’s behavior was “not appropriate,” but she argued that the community would not be any safer as a result of prosecuting him.

“Not appropriate?” Sinnott responded before refusing to dismiss the charge. “It sounds like he picked up the wrong fork at dinner.”

Sinnott agreed to dismiss only two pending cases – one against a 31-year-old man charged with resisting arrest and disorderly conduct, and another against a 63-year-old woman from Vermont accused of disorderly conduct, the Boston Globe reported.

Rollins blasted Sinnott, and defended the prosecutors’ attempts to have the charges dismissed.

“The judge punished the exercise of individuals’ First Amendment right to protest,” the district attorney declared. “For those people now tangled in the criminal justice system for exercising their right to free speech — many of whom had no prior criminal record — I will use the legal process to remedy the judge’s overstepping of his role.”

A second judge, Judge Thomas Horgan, also refused to dismiss assault and battery on a peace officer charges against three protesters, the Boston Globe reported.

Horgan did allow them to be released on their own recognizance, and prohibited them from going to the downtown area except for work obligations.

Defense attorney Christopher Basso said he is representing some of the protesters voluntarily.

“I think the general flavor of the room is that not even the district attorney’s office is deeply invested in these cases,” he told the Boston Globe.

U.S. Representatives Alexandria Ocasio-Cortez and Ayanna Pressley have both thrown their support behind the protesters, and urged others to follow their lead by donating to a fund to pay for their legal expenses.

The fund raised over $24,600 before it ended on Sept. 1.

Calderone noted that four officers were injured during alterations with the protesters, and that they are all off the streets recovering from their injuries.

The union vice president said that many of the people who were arrested are not even residents of the Boston area.

“We think that these offenders that are here, most of them outside of the city of Boston, not residents of Boston, came here as agitators,” Calderone told the Boston Globe. “Here for a specific reason, here to create havoc, not only for the Police Department but for the general citizenry that are around, for the visitors that are in downtown Boston trying to enjoy the last weekend of the summer.”

During the parade, self-proclaimed antifa member John Crowley said that violence was the only way to handle those who were marching in the Straight Pride Parade, FOX News reported.

“We’re covered in black so when we attack these guys we can’t be prosecuted,” Crowley boasted. “They are fascists, 100 percent. How else are you going to get them to shut up?”

Meanwhile, videos showing officers deploying pepper spray during altercations with the protesters have led to complaints about how police handled the situation, the Boston Globe reported.

Boston Mayor Martin Walsh issued a statement assuring everyone that his office takes “any accusation of police misconduct seriously.”

Walsh further alleged that the Straight Pride Parade organizers were the ones who caused discord by holding their event in the first place.

“I also want to be clear that sowing division between people is exactly the goal of Straight Pride organizers, and I will not stand for it,” Walsh said, according to the Boston Globe. “Just as the people of Boston work to make our values of love, inclusion, and acceptance known to all, our public safety officials work tirelessly to keep people safe from harm every single day of the year, and that will never change.”

Approximately 200 marchers participated in the parade from Copley Square to City Hall Plaza.

They were confronted by approximately 600 protesters along the way.

Rollins said that eight of the 36 people who were originally arrested will still faces charges, USA Today reported.

Those suspects were all charged with either carrying a dangerous weapon, affray, accosting, assault, or assault and batter on a police officer.

Comments (41)
No. 1-23
flybynight
flybynight

Afirmative Action in action or just out of control?

Justretired
Justretired

Cant fix stupid, just keep that shit up north and out west.

idoxlr8
idoxlr8

Our Justice System is broken but not beyond repair. If @potus would declare Antifa a terrorist organization it would be a great first step.

beyondpissedoff
beyondpissedoff

I am so looking forward to the day when that libiot bitch D A needs the police for any reason. Can't seem to find that address......

THEDUKE
THEDUKE

This person is the result of affirmative action and that affirmative action is a travesty of hypocrisy. It always has been. The concept is nothing but government sanctioned state and fed laws being prejudicial towards others in order to "prevent" prejudice shown towards a small minority. How long does this lie continue and when will it ultimately be put to rest? It solves nothing .

OldVet
OldVet

These prosecytors have been bought and paid to drop charges and let the Antifa Criminals go free. I bet Soros funded them to get elected. . These prosecutors need to be removevd form office as they are not upholding the oath of office

Excalibr4
Excalibr4

I agree with the ultimate decision, which clearly defines the separation of powers, but how do we combat a district attorney, who is biased and refuses to prosecute criminals, based on her bias?

davidebrwn
davidebrwn

"Walsh further alleged that the Straight Pride Parade organizers were the ones who caused discord by holding their event in the first place." blaming the victim will not release you from the choices you make to violate the law. I heard recently a chorus in the MSM about the fact the NO one is above the Law.

LostAllSanity
LostAllSanity

I'm sick of reading this crap. As I read it, Rollins argued that is was acceptable for antifa to express their First Amendment Rights, which included fighting with Police - but it was not acceptable for the Straight Pride Parade to express their First Amendment Rights, who Rollins blamed their message as the cause of the conflict. I think that Rollins was personally offended by the message of the Straight Pride group and she was protecting antifa. If so, the Judicial System is moving towards only protecting the violent Regressive Left. No protection for LE or the values of Conservative / Middle America. I am concerned that this is moving beyond a friendly resolution.

Blackandtan
Blackandtan

Socialism at work!

Gap Filler
Gap Filler

So according to the mayor, the organizers of the "straight pride" march where the agitators here because of their views.

I guess what he's really saying is that it's not okay for this organization to express its 1st Amendment rights, just as the gay pride movement expresses there's. Isn't that called bigotry?

These antifa agitators that were all let go scott free, whose picking up the tab for all those injured officers?

Prosecutorial discretion or not, what a slap in the face to law enforcement who who stand in the gap, get urine thrown on them, sustain injuries, only to see the prosecution fight hard for the bad guys release.

We as a nation have got to stop pussyfooting around with these clowns and label this organization a domestic terrorist organization.

We've flirted with the idea, now's the time to stop screwing around with them and get down to business.

RB2207
RB2207

Rollins is correct that prosecuting the minor offenses serves no purpose and does not make the community safer. There is no reason to tie up the over crowded court system, fine them and let them go. Rollins is however still prosecuting the more serious offences and hopefully she will get convictions. They need to get laws passed that wearing a mask is a crime. Make it easier to identify those committing these crimes. No mask, no more anonymity.

The express
The express

Rollins is a POS and should be voted out of office. The only problem is most of Boston are assholes too.

tfort
tfort

How is it possible that we can have a judge in the United States of America who does not know the legal system ?

IseeWhereThisIsGoing
IseeWhereThisIsGoing

Is anyone really shocked by this ruling? The judge knew he was going to get overruled, but someone needed to at least try to hold the guilty accountable because it was obvious the prosecutor wasn't going to.

If prosecuting them for minor offenses serves no purpose, when why are the offenses even considered offenses? If you don't like the rules, than change the rule, don't just ignore them or cherry pick the ones you want to enforce. It happens all too often when liberal judges and liberal prosecutors decide to ignore the law and just release criminals with no consequences, which sets a horrible precedent for when they commit a real crime and a judge and prosecutor with a set of balls say "we are going to hold you accountable this time"

unholyone
unholyone

"Walsh further alleged that the Straight Pride Parade organizers were the ones who caused discord by holding their event in the first place."
So if you get a permit and have a parade, and thugs attack you, it's your fault? What kind of people do you vote into office there? Oooops.....I forgot Warren, Kennedy "the swimmer," et.al.
Antifa and other radical groups on the left (yes, on the left as the right always gets prosecuted and rightly so if they're violent) will continue to escalate their violence until they are held accountable.

Caroparks53
Caroparks53

Liberals will be the death of the cities that elect them

magnumforc
magnumforc

The way this is going; if I were attacked by a left wing group and badly beaten, but in the attack I seriously injured one of the leftists, I would be the one prosecuted. And all I thought was I would get wet by a snowflake melting near me....

klm46135
klm46135

With the prosecutors, legal system, and the politicians failing to protect the average citizen from the shitbags on a daily basis, they have to start defending themselves. But then what will happen? Will this worthless bitch prosecute someone from protecting themselves from out of control, entitled assholes? This will get worse before it gets better. These morons are counting on a generation of idiots living in their mommies' basements eating cheetos and playing video games. Reality is very different.

Aramovich
Aramovich

So much for Boston, "The cradle of Liberty". Welcome to the new Amerika!

Branoli
Branoli

So why is it that they say this "the people of Boston work to make our values of love, inclusion, and acceptance known to all" but never actually have those values. The demonRats like to preach their love and tolerance but never display it because it isn't in their agenda of total control of this country.

Deadrock
Deadrock

Isn’t it it the scope of the Judges Authority to accept or reject the suggestions of the DA or Public Defender? In this case these people did break the law and should have been Prosecuted. However you have to realize this is Liberal Boston MA.

TXMaverick
TXMaverick

The 1st Amendment does give us the protection of the government not being able to stifle our speech. Acting like an asshole, getting in fights with people who don't agree with you while you are protesting is NOT freedom of speech! This group ANTIFA are nothing more than cowardly punk ass bitches who hide behind a mask, as they said, so they can't be prosecuted.

And yet, the "counter-protestors" aren't allowed the same rights to their speech? This whole thing is bullshit. One of these days, the counter protesters are going to be pushed beyond any reasonable limit. Then we'll see how fast the Antifa cowards run.