New York Post
May 23, 2014


Judge upset with DA over light sentence for Occupy protester

By Jamie Schram

Photo: Steven Hirsch
Cecily McMillan in court in early May.

A seething Manhattan judge is telling pals that DA Cyrus Vance Jr. pandered to liberals by seeking only a three-month, wrist-slap sentence for the Occupy Wall Street protester who nearly blinded a cop with her elbow.

“[Manhattan Supreme Court Justice Ronald] Zweibel is pissed at Vance,” said an insider with knowledge of the case.

Zweibel presided over the recent felony cop-assault trial of Cecily McMillan.

He told associates he had expected that the DA would ask for at least six months in jail for McMillan, whose lies of only accidentally elbowing the cop’s face — and of having been sexually groped by the cop — were dispelled by surveillance video.

According to insiders, Zweibel is claiming to pals that Vance pandered to big- money Occupy Wall Street-sympathizing liberals who form his political base.

   
  Photo: Christopher Sadowski
  Manhattan District Attorney Cyrus Vance Jr.

Zweibel declined to comment on ­the sentence.

The law-enforcement community is also furious. “Ninety days for felonious assault on a police officer is far too lenient,” said Patrolmen’s Benevolent Association President Patrick Lynch.

“Regardless of what brought her into contact with the officer, her intent was to harm him and she did. We are furious.”

And Sergeants Benevolent Association President Ed Mullins said, “I disagree with Vance’s recommendation in this case . . . Anybody who assaults a police officer should be sentenced to the maximum penalty,” which in McMillan’s case could have been seven years in prison.

Vance’s office countered that the sentence it sought was adequately tough because, in addition to the three-month jail stretch, it includes a $5,000 fine, five years’ probation and 500 hours of community service.

“Furthermore, should the Probation Department determine that counseling is appropriate due to her anger issues, the defendant should be required to comply with any counseling that is recommended,” a DA spokeswoman said.

Courts spokesman David Bookstaver denied that the judge was upset with Vance.