Two protesters who disrupted L.A. City Council meeting reach deal with prosecutors
Two protesters who went onto the floor of the City Council chamber during a chaotic meeting last year will be placed into a diversion program, setting the stage for the dismissal of their criminal charges.
Los Angeles County Superior Court Judge E. Carlos Dominguez ruled that Ricci Sergienko and Ms. Italy, who had been charged with a combined 13 misdemeanor counts for the Aug. 9 incident, should each be placed in diversion for one year and serve 36 hours of community service.
During that yearlong period, the defendants would be required to stay 100 yards away from City Council members’ homes and offices. They would still be permitted to attend council meetings but would need to abide by the city’s rules for conduct during those meetings, under terms of the diversion agreed to by prosecutors and defense lawyers.
Sergienko, co-founder of the leftist activist group People’s City Council, had been charged with committing battery on a police officer, attempting to rescue a prisoner and resisting arrest or delaying or obstructing a police officer.
John Hamasaki, Sergienko’s lawyer, said the charges will be dismissed once his client has successfully completed diversion, a process that allows defendants to avoid criminal prosecution by satisfying requirements established by a court.
Hamasaki called the judge’s decision a victory for protest and the 1st Amendment. Sergienko, who had denied all the charges, will now resume his effort to join the State Bar, Hamasaki said.
“It’s a good opportunity to put the case behind him. It will ultimately be dismissed and sealed. I think the judge was very thoughtful and reasonable,†Hamasaki said.
A Los Angeles City Council meeting erupted into chaos on Aug. 9 after a public speaker climbed over a bench and walked onto the council floor to confront then-council President Nury Martinez.
In a statement, City Atty. Hydee Feldstein Soto said she is proud of her prosecutors’ work in ensuring that “justice was served.â€
“The responsibility of city attorney prosecutors is to follow the law and evidence and that is what was done in this case,†she said. “Our office is focused on ensuring fairness for similarly situated defendants and furthering public safety.â€
The judge’s order follows months of unruly behavior in or near the council chamber. Earlier this year, police arrested an audience member who threw an empty aluminum can. In another incident, officers chased an audience member who wrote anti-police graffiti on the walls outside the chamber and throughout City Hall.
In yet another incident, the audience member who had previously thrown the can was arrested on suspicion of assault on another audience member.
Sergienko, 32, has taken part in an array of protests and confrontational actions over the last three years, many of them focused on police misconduct and the city’s treatment of homeless residents. He is known at City Hall for disrupting campaign events, yelling from the audience at public meetings and confronting politicians on sidewalks or in restaurants.
During Friday’s hearing, Deputy City Atty. Patricia Rosman did not object to the defense attorneys’ requests for diversion. However, she did ask the judge to allow her to play footage from the Aug. 9 council meeting, which showed Ms. Italy climbing over a bench, approaching then-Council President Nury Martinez and screaming at Martinez before police officers surrounded her and attempted to detain her.
The video then showed Sergienko enter the area where police officers had surrounded Ms. Italy, who goes by a single name. He was handcuffed and arrested by police.
Rosman argued that such behavior prevents other people from participating in the democratic process and puts members of the public in danger. She also played a video of a Spectrum News 1 segment in which Sergienko described the planning that goes into disrupting political events. And she mentioned that on one occasion, Sergienko approached the previous city attorney, Mike Feuer, at a Cha Cha Chicken restaurant.
Sergienko, a digital media strategist, said after Friday’s hearing that his conversation with Feuer had been “polite and respectful.â€
Ms. Italy, 46, had been charged with trespassing, vandalism, disturbing a public meeting and resisting arrest or delaying or obstructing a police officer. Those charges will also be dismissed once she completes diversion.
During the hearing, Ms. Italy criticized prosecutors for showing the video, saying events from that day had been taken out of context. She said she approached the council president because there were issues with the microphone and she wanted to make sure she was heard.
Ms. Italy’s attorney, Mia Yamamato, objected to the prosecution’s request for 36 hours of anger management.
Dominguez sided with Yamamoto, ordering Ms. Italy to take part in 36 hours of community service, not anger management.
Hamasaki separately objected to the prosecution’s request for a requirement barring Sergienko from harassing police officers, political candidates and elected officials over the coming year. He said the definition of harassment varies from person to person.
Hamasaki, in an interview, said the judge’s decision will not prevent Sergienko from approaching LAPD officers, politicians or political candidates when they are out in public, ensuring he can continue to exercise his 1st Amendment rights.
Dominguez told Sergienko that he is entitled to his 1st Amendment rights “as long as they’re lawful.†The judge also warned that the charges would be reinstated if Sergienko violates the terms of the diversion.
After the hearing, Sergienko said he intends to return to the council chamber after a lengthy absence.
“I’ll be back,†he said. “On my best behavior.â€
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