Five Borough Defense

By Bahar Mirhosseini

Thousands of Trees blocked the Brooklyn Bridge this morning, to protest being processed as paper which would be used for waivers of prosecution.  Each year, thousands – if not millions – of complainants in misdemeanor domestic violence cases sign waivers of prosecution to formally express to prosecutors that they want the charges dismissed.  Despite the clear message of such waivers, however, prosecutors routinely refuse to dismiss the charges on the basis of such waivers. 

At a press conference earlier today, spokesperson for the Trees that protested being processed into the paper that would become waivers of prosecution stated that they are concerned for the future of these trees.  Rather than becoming an instrument of change, the spokesperson stated, once processed into signed waivers, despite the complainant’s wishes, these waivers are ignored and stuck deep inside the files of prosecutors, disregarded as prosecutor’s continue to prosecute misdemeanor domestic violence cases where waivers have been signed. 

While these waivers form the basis of compelling arguments to the Court, the Trees were concerned that by prosecutors refusing to dismiss these cases – and suggesting that they know what is better for complainants than complainants do for themselves, that these trees-turned waivers are being denied their full potential.  One particularly upset tree – member of a forest which had predominantly become signed waivers which were ignored by prosecutors – threatened to sue the State for the kidnapping and false imprisonment that occurred as his fellow trees-which became waivers – were stuck inside a prosecutor’s file folder as the defendant continued to be incarcerated on the case.