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But Judge Richard Sinnott of the Boston Municipal Court refused. In any case, he has arrested many defendants.
Susan Church, a defense lawyer representing the protesters, opposed this decision and interrupted Sinnott to argue that he did not have the authority to do so. Sinnott then ordered that she be handcuffed and placed in custody.
This stunning confrontation and arrest in the courtroom this week sparked a heated debate over the legal separation of powers, freedom of expression and the prosecutor's ability to carry out reform goals.
Rollins on Wednesday filed an urgent petition asking the Supreme Court of Justice to order Sinnott to accept the dismissal of the charges against a protester accused of disorderly conduct.
"The actions of Judge Richard Sinnott are unprecedented and outrageous," Rollins said in a statement. "His insistence on bringing people to justice when my office used his discretion to refuse a case is an unconstitutional abuse of his power and serves neither the interests of justice nor public security."
"Sinnott J.'s actions constitute flagrant judicial misconduct, demonstrate a lack of appropriate temperament and violate the constitutional and legal rights of the accused and Attorney Church," said the organization. "Moreover, his refusal to allow the executive power to operate independently underscores either an alarming lack of a rudimentary understanding of the constitutional principle of the separation of powers, or a belief that he would not be held responsible for his actions".
Arrests in the Parade of Pride Right
Protected by a strong police presence, protesters were standing on tanks and carrying placards at the Army Promotion Parade and President Trump. They were greeted by numerous groups of counter-protesters who said the parade made fun of Boston's LGBTQ Pride parade.
"I am outraged by the idea that heterosexuals need a parade of pride," said Shoshanna Ehrlich, who came with her daughter. "We are not a majority oppressed by an effort of imagination, it is full of hatred and offensive."
Thirty-four people were arrested at the parade, said department spokesman James Moccia, a Boston police officer. Four officers also suffered life-threatening injuries, he said.
Judge refuses to accept referrals
In court on Tuesday, Rollins ordered prosecutors to dismiss the charges against seven people prior to their indictment if they performed community service. Prosecutors also filed "nolle prosequi" motions – a legal term meaning "not to sue" – for three other people because the police reports showed no probable cause, according to the prosecutor's office.
Instead, Justice Sinnott brought to justice the seven people accused of disorderly conduct, including some accused of having resisted arrest. He also sued one of three "nolle prosequi" cases and released the prosecutors' objection on bail.
Rollins stated that Sinnott's decision punished those who had exercised their right to protest, as stated in the First Amendment.
"At my request, prosecutors have used the constitutional discretion of the executive power to sort cases and make the best use of our resources to protect public security," she said.
"Make no mistake: some people have been brought to justice appropriately and will be held accountable for acts that endanger the safety of the public and the forces of law and order," she said. added. "For people currently entangled in the criminal justice system to exercise their right to freedom of expression – many of whom had no prior criminal record – I will use the court process to to remedy the skid of the judge by his role. "
In another case on Wednesday, Sinnott J. again refused to accept the prosecutor's request that the charges be dismissed, which led to the arrest of the defense attorney. , Church.
Church, who represented some of the protesters, began to argue with the judge's reasoning, she told CNN. She read aloud the case law stating that prosecutors had the sole discretion to choose not to prosecute and that the two men had begun to talk to each other.
"The next thing I knew was that I was handcuffed," she told CNN.
Church was detained for just over three hours, she said.
"I was treated better than the defendants, but I was scared because I did not know what was going to happen," she said. "I did not know if I was going home that night, I did not know if I was going to see my children, I had to file the court documents, so I had to ask someone from the to do for me. "
She added that the charge of contempt of court had not been conducted legally and that Sinnott had "blasted because he was angry".
Rollins on Wednesday filed an urgent petition challenging Sinnott, claiming that he had unconstitutionally refused to accept the prosecution 's decision not to prosecute any of the demonstrators. The maximum fine for disorderly behavior when the first offense is $ 150, but the judge has set the defendant's bail at $ 750, depending on the filing.
"My petition is a call to make an order that it be returned to our courts, in order to ensure an equitable administration of justice and restore public confidence in the integrity of our legal system", Rollins said in a statement. "The people of Suffolk County elected me to do exactly what I do."
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