A defense lawyer for a ‘Straight Pride Parade’ protester was cited for contempt of court after a tense exchange with a judge
"Do not try to talk over me. Do not try to turn this into theater."
A defense lawyer representing a protester arrested at the “Straight Pride Parade” was cited for contempt of court and later released from custody Wednesday after challenging a judge’s refusal to drop the charges against her client and others as has been requested by prosecutors.
Susan Church was handcuffed and brought to a holding cell following a tense exchange with Boston Municipal Court Judge Richard J. Sinnott, who has repeatedly refused to dismiss the charges brought against most of the people arrested at Saturday’s parade, despite calls to do so from Suffolk Country District Attorney Rachael Rollins’s office.
Prosecutors have said that among the 36 people arrested Saturday amid the clash between protesters and authorities, they are only proceeding with cases in which defendants are charged with violent crimes, such as assault and battery on a police officer.
According to Rollins’s office, prosecutors have sought to drop charges against 20 people who were charged with disorderly conduct or disorderly conduct and resisting arrest.
In court Wednesday, Church, a prominent Boston immigration lawyer, told Sinnott he was overstepping by blocking the requests, The Boston Globe reports.
“The issue is that your honor does not have the authority to prevent the district attorneys from entering a nolle pros,” she said. “The case law is abundantly clear.”
A nolle pros is a notice filed by prosecutors indicating they will dismiss the charges against a defendant.
“I’m not done reading,” said Church, who was citing cases to back up her point as the two interrupted one another. “I could be reading cases all day to say it’s not in your purview” to tell prosecutors “who and when and how to prosecute.”
“This is the only warning you’re going to get,” Sinnott told her. “Do not try to talk over me. Do not try to turn this into theater.”
Church was held in contempt after Sinnott gave her a last warning, the Globe reports.
She was taken into custody and later released at a hearing, according to the newspaper.
Sinnott said no further action was necessary.
“Ms. Church was filled with passion in representing her client and kept talking over me,” he said.
Outside the courtroom, Church told reporters that she was “unlawfully and unreasonably and, honestly, outrageously arrested for simply doing my job: For advocating for a client, who the district attorney’s office wanted to dismiss her charge.”
Attorney Susan Church is welcomed outside the courtroom to applause. She says she was unlawfully and unjustly taken in handcuffs and held in contempt by Judge Richard Sinnott while she was arguing on behalf of a #StraightPrideParade protester. Hours later, she was released. #WBZ pic.twitter.com/NiwLZZDWrE
— Kristina Rex (@KristinaRex) September 4, 2019
She said the law is clear that the district attorney’s office is within its rights and Sinnott cannot reject its requests.
“All I was trying to do was to read the law to the court, and I was summarily arrested, handcuffed, brought down to the holding cell, held there for hours — much of the day — sat there wondering if I was going to jail that night, whether I was going to see my children at dinner that night, what I was going to do about my work and my clients, simply for advocating for my client,” Church said.
Attorney Susan Church addresses the media after Judge Richard Sinnott releases her. Sinnott held her in contempt earlier today. pic.twitter.com/PXu9VRYK9B
— Stefan Geller (@StefanGeller) September 4, 2019
On Tuesday, Sinnott agreed to drop charges in two of nine total cases in which prosecutors sought to impose community service in exchange for the dismissal of the cases.
Church said Wednesday that Sinnott’s behavior against her was “highly inappropriate.”
“My biggest concern is this doesn’t have a chilling effect for all the other lawyers out there, who are fighting the good fight and who are representing people and who are doing their jobs,” she said. “This is outrageous behavior.”
