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Posted: 8:58 p.m. Thursday, April 19, 2012
OAKLAND, Calif. —
A prosecutor told jurors Thursday that an Occupy Oakland protester should be found guilty of two felony charges for striking a police officer with a folding chair at a protest at Frank Ogawa Plaza on Dec. 30.
In his closing argument in the trial of 47-year-old Cameron Rose, who's being held at the county jail in lieu of $130,000 bail, Alameda County Deputy District Attorney Tim Wagstaffe said, "People need to be held accountable for their actions."
Wagstaffe said Rose struck Oakland police Officer Patrick Gerrans with a metal chair while Gerrans was "defenseless" because his head was turned in the opposite direction as he was helping other officers detain another protester, Carly Bate, who had refused an order to remove her property from the plaza.
Referring to Rose, Wagstaffe said, "Clearly he wanted to create some damage to someone" and "there's no question he didn't like the police."
The prosecutor said Gerrans "is lucky he was wearing a protective vest" but still felt a sharp pain in his back and neck.
Wagstaffe told jurors that Rose should be convicted of assault with a deadly weapon on a peace officer and deterring an officer during the performance of his duties for his actions at the protest on Dec. 30.
He said Rose should also be convicted of a misdemeanor charge of resisting, obstructing or delaying an officer for resisting another officer who tried to arrest him on Jan. 22 on a warrant based on allegations stemming from the Dec. 30 incident.
But Rose's lawyer, Alameda County Associate Public Defender Kathleen Guneratne, said Rose should be found not guilty of all the charges against him because the prosecution failed to prove its case against him beyond a reasonable doubt.
Guneratne said Gerrans was not acting lawfully during the Dec. 30 protest because he should have known that his fellow officers didn't have probable cause to arrest Bate.
She said, "Police have to follow the rules" and alleged that Oakland officers had no authority to arrest Bate because she and other Occupy Oakland protesters had a permit to be at Frank Ogawa Plaza.
Guneratne said Bate wasn't failing to comply with a police order and "her arrest was unlawful."
Guneratne told jurors, "The evidence is insufficient because it's biased and it's also wrong."
She said Rose should be found not guilty of the charge of resisting arrest on Jan. 22 because he didn't know there was a warrant for him.
Guneratne urged jurors to base their verdict on the facts of the case, saying, "This is not a referendum on Occupy Oakland or the Oakland Police Department."
In his rebuttal argument, Wagstaffe said, "The defense has attempted to shift the blame for any actions he (Rose) took" but said the case "is about a defendant hitting a police officer."
He said, "There is no doubt that he (Rose) struck Officer Gerrans and assaulted him and did so with a deadly weapon and deterred him from his duties and also resisted arrest" on Jan. 22.
Jurors deliberated for about an hour today before adjourning until Monday morning, when they will resume their deliberations.
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