Rochester Prosecutors Refuse To Dismiss Case Against Photojournalist

November 18, 2011 @ 9:16AM

Rochester Prosecutors Refuse To Dismiss Case Against Photojournalist

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Prosecutors in New York refuse to dismiss charges against a student journalist who was arrested while taking pictures during an Occupy Rochester protest last month.

Jonathan Foster was arrested for trespassing while covering the protest for Reporter Magazine, the weekly publication from the Rochester Institute of Technology.

Prosecutors say they have video of him moving around the park, even though the park was officially closed, according to the Democrat and Chronicle newspaper.

Foster’s attorney, Mickey Osterreicher, general consul for the National Press Photographers Association, said "that's what photographers do. If the action is here, they go here. If the action is there, they go there."

Osterreicher noted that reporters and photographers who have been arrested during Occupy Wall Street demonstrations in Zuccotti Park have typically not been charged.

Foster and others charged during the Occupy Rochester demonstrations have been offered ACDs — adjournments in contemplation of dismissal — which would dismiss the charges after 24 hours of community service and no further arrests over a set period of time.

Osterreicher said he did not think that was in Foster's best interest, however, as he likely could be called upon to cover future demonstration and he could "get into trouble again."

And Foster, who is 20 years old, is sticking to his guns, intending to fight the case all the way.

Comments

Brian Young

6 months ago

I guess the argument "I was only doing my job" only works for police officers.

Bergman

6 months ago

NY Constitution, Article 1, Section 8:
Every citizen may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of that right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

U.S. Constitution, 1st Amendment:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

I don't think the guy needs to enter any other evidence than those two pieces of law. The freedom of the press is a far more compelling interest than a curfew that wasn't even aimed at him.

davy v

6 months ago

Thank you Carlos! People who don't live here in Rochester have absolutely no idea just how the officials are... from the Corrupt Rochester, New York Police Department to Mayor Thomas Richards, to the Monroe County District Attorney's office.

Rance

6 months ago

I've seen your work exposing the corruption in Rochester, Davy, and I applaud you for it. I might live in Florida, but I have always enjoyed a good fight, whether it was on HBO Boxing, or a citizen standing up to "the man" for his/her rights. Thank YOU.

http://www.pixiq.com/article/rochester-police-to-undergo-new-training

davy v

6 months ago

@ Rance: Thank you for your kind words of support sir.