On Monday, June 17, the pro-Palestine protesters who were arrested during the April 29-30 occupation of the Student Union Building began their virtual bench trials at the Bernalillo County Metropolitan Court.
All 16 University of New Mexico students and community members who were arrested during the SUB occupation were charged with criminal trespass and wrongful use of public property — with the exception of UNM alumni and former Kiva Club vice president Siihasin Hope, who was additionally charged with criminal trespass involving damage.
The UNM Dean of Students Office said the SUB sustained $40,000 in damages during its occupation, according to a letter written by the office and distributed to protesters. According to a post by the UNM Palestine Solidarity Camp Instagram, liability for these damages has been placed on Hope.
The Instagram post also says Hope is being “unjustly targeted and charged” by police because of their identity as an Indigenous person. Hope was wearing moccasins on the night of the SUB occupation, which, according to the post, were taken by UNM police.
Members of Indigenous communities are up to seven times more likely to be incarcerated than their white counterparts, according to a 2023 report by the Safety and Justice Challenge.
“The police are trying to allege that I am responsible for $40,000 in property damages of the University, and they specifically attached that to when I was arrested,” Hope said.
New Mexico State Police body-worn camera footage shows officers throwing and kicking chairs inside the SUB on April 30.
On June 17, supporters of one of the arrested protesters gathered outside the Bernalillo County Metropolitan Court during the first bench trial – a type of trial that is conducted by a judge and does not involve a jury.
Alan Wagman, a lawyer representing some of the SUB protesters, said the trial concluded with his client receiving a defense continuance. If the defendant does not pick up any new criminal charges for a set period of time, then their charges will be dismissed, Wagman said.
UNM banned some of the protesters from campus property for various lengths of time – some for up to five years – according to UNM alumni and College Democrats president Rakin Faruk.
“Several people – including those who have an affinity with the University – are being banned,” Hope said.
The Daily Lobo reached out to UNM Police Department Public Information Officer Larry Bitsoih for comment, who said “all questions (in reference to) your request (are) being handled by UNM Chief Marketing and Communications Officer Cinnamon Blair.”
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The trials will continue to take place over the summer, according to Hope, whose trial took place on Tuesday, June 25 with UNMPD prosecuting. Hope’s defense filed a motion to dismiss the charges on the grounds that they had not received discovery – information exchanged between parties during a trial. The motion was denied, according to the UNM Palestine Solidarity Camp Instagram.
Before the SUB arrests, a representative at Bernalillo County District Attorney Sam Bregman’s office said they were “not interested in prosecuting people for exercising their First Amendment rights,” according to an article published May 16 by The Appeal.
“When students are speaking, authorities ought to be paying attention to what laws to enforce and when to enforce them, if this is, in fact, an educational institution,” Wagman said.
Update 07/19/2024
On Tuesday, July 9, the pretrial conference for Hope’s case took place at the Bernalillo County Metropolitan Court. The case was dismissed without prejudice, meaning it could be refiled in the future, according to the Legal Information Institute.
Hope’s charges were dropped because UNMPD failed to provide discovery, according to an order dismissing the criminal complaint.
UNMPD has until November to refile charges against Hope, according to a UNM Palestine Solidarity Camp Instagram post.
“In the court hearing, the judge asked UNMPD, ‘Do you intend to prosecute,’ and they said yes. Then (the judge) asked ‘Do you intend to refile,’ and they said yes,” Hope said.
Trials continue to take place through the summer. The other arrestees who have had their trials so far each received a defense continuance, according to Hope.
Leila Chapa is a freelance reporter for the Daily Lobo. She can be reached at news@dailylobo.com
Paloma Chapa is the multimedia editor for the Daily Lobo. She can be reached at multimedia@dailylobo.com or on Twitter @paloma_chapa88
Paloma Chapa is the multimedia editor for the Daily Lobo. She can be reached at multimedia@dailylobo.com or on Twitter @paloma_chapa88
