On May 15, 2009, Judge Edward S. Wilson of the Ramsey County District Court granted a Motion for New Trial filed by pro bono National Lawyers Guild attorney Bruce D. Nestor on behalf of Sean McCoy, the sole RNC defendant convicted at trial by the St. Paul City Attorney. Ten defendants have now proceeded to trial, on thirty four charges, without a single conviction having been obtained at trial by the St. Paul City Attorney.
McCoy had originally faced four misdemeanor charges and was convicted of a petty misdemeanor offense of Public Assembly without a Permit and ordered to pay a fine of $50.00. At trial, a Ramsey County acquitted him of Fleeing a Police Officer and the trial judge threw out charges of Unlawful Assembly and Obstructing Traffic. The order granting the Motion for New Trial found that the jury instructions were flawed because they omitted the element of the offense that a person had to know they were engaged in a public assembly without a permit. The St. Paul City Attorney now has the option of retrying McCoy on the Public Assembly without a Permit charge.
Judge Grants New Trial Motion for Sole RNC Trial Conviction Obtained by St. Paul |