Global Courant
Two protesters who took to the floor of the city council chamber during a chaotic meeting last year will be placed in a diversion program, paving the way for their criminal charges to be dismissed.
Los Angeles County Supreme Court Judge E. Carlos Dominguez ruled that Ricci Sergienko and Ms. Italy, who had been charged with a combined 13 offenses for the Aug. 9 incident, should each be placed in diversion for a year and 36 hours sit out. community service.
During that one-year period, the defendants would be required to stay 100 meters away from the homes and offices of city council members. They would still be allowed to attend council meetings, but would have to abide by the city’s rules of conduct during those meetings, under terms agreed upon by prosecutors and lawyers.
Sergienko, co-founder of the left-wing activist group People’s City Council, had been charged with injuring a police officer, attempting to rescue a prisoner and resisting arrest or delaying or interfering with a police officer.
John Hamasaki, Sergienko’s attorney, said the charges will be dismissed once his client successfully completes the diversion, a process that allows defendants to avoid criminal charges by meeting requirements set by a court.
Hamasaki called the judge’s decision a victory for protest and the First Amendment. Sergienko, who had denied all allegations, will now resume his bid to join the State Bar, Hamasaki said.
“It’s a good opportunity to put the matter behind him. It will eventually be rejected and sealed. I think the judge was very considerate and reasonable,” Hamasaki said.
A Los Angeles City Council meeting erupted in chaos on August 9 after a public speaker climbed over a bench and walked onto the council floor to confront then-City Council President Nury Martinez.
In a statement, City Atty. Hydee Feldstein Soto said she is proud of her prosecutors’ work to ensure “justice was done”.
“The responsibility of the city’s prosecutors is to follow the law and the evidence and that’s what happened in this case,” she said. “Our office is focused on ensuring fairness for defendants in similar situations and promoting public safety.”
The judge’s order follows months of unruly behavior in or near the council chamber. Earlier this year, police arrested a spectator who threw an empty aluminum can. In another incident, officers chased an onlooker who had written anti-police graffiti on the walls outside the room and throughout City Hall.
In yet another incident, the audience member who had previously thrown the can was arrested on suspicion of assaulting another audience member.
Sergienko, 32, has taken part in a series of protests and confrontations over the past three years, many of which have focused on police misconduct and the city’s treatment of homeless residents. He is known at City Hall for disrupting campaign events, shouting from the audience at public rallies, and confronting politicians on sidewalks or in restaurants.
At Friday’s hearing, deputy city attorney. Patricia Rosman did not object to defense attorneys’ requests for a diversion. However, she asked 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 yelling at Martinez before police officers surrounded her and tried to hold her.
The video then showed Sergienko entering the area where police officers had surrounded Ms. Italy, who bears only one name. He was handcuffed and arrested by the police.
Rosman argued that such behavior prevents other people from participating in the democratic process and endangers members of the public. She also played a video of one Spectrum News 1 segment in which Sergienko described the planning involved in disrupting political events. And she said 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”.
Ms. Italy, 46, had been charged with trespassing, vandalism, disrupting a public gathering and resisting arrest or delaying or obstructing a police officer. Those charges will also be rejected once she completes the diversion.
At the hearing, Ms. Italy criticized prosecutors for showing the video, saying that the day’s events had been taken out of context. She said she approached the chairman of the council because there was a problem with the microphone and she wanted to make sure she was being heard.
Italian lawyer, Mia Yamamato, objected to the prosecution’s request for 36 hours of anger management.
Dominguez sided with Yamamoto and ordered Ms. Italy to participate in 36 hours of community service, not anger management.
Hamasaki separately objected to the prosecution’s request to ban Sergienko from harassing police officers, political candidates and elected officials for the next year. He said the definition of harassment varies from person to person.
Hamasaki said in an interview that Judge Sergienko’s decision will not stop Sergienko from approaching LAPD officers, politicians or political candidates when they are in public to ensure he can continue to exercise his First Amendment rights.
Dominguez told Sergienko he is entitled to his First Amendment rights “as long as they are lawful.” The judge also warned that the charges would be reinstated if Sergienko violated the terms of the diversion.
After the hearing, Sergienko said he plans to return to the council chamber after a long absence.
“I’ll be back,” he said. “On my best behavior.”
