Saratoga BLM protester refuses plea deal, opts for trial

SARATOGA SPRINGS — While many of the city’s Black Lives Matter activists arrested for a July 14 rally agreed to future dismissal of charges, one protester in city court on Tuesday morning refused the plea deal and is headed for trial.

Molly Dunn wouldn't accept an adjournment in contemplation of dismissal in 30 days for two charges, unlawful imprisonment and disorderly conduct, that stemmed from the rally when protesters allegedly blocked traffic on Broadway for several minutes.

She would not comment on her case, referring all questions to her attorney, Kevin Luibrand, who could not be reached. However, she did say that her trial date is tentatively set for March 14 in front of Judge Francine Vero. 

Saratoga County District Attorney Karen Heggen said it's Dunn's prerogative.

"She rejected the proposed disposition from my office, which is her right to do," Heggen said. "We believe it was an appropriate offer, but she has the right to decide to accept it or not and we are ready to proceed forward with the case."

The plea deal refusal comes as the state Attorney General’s Civil Rights Bureau is investigating Saratoga Springs police for its treatment of BLM protesters, including a dozen who were arrested in September for their participation in the July march.

Those September arrests are in addition to five made on the day of the protest. Those activists, as a video of the protest shows, were retreating down Broadway when police in tactical gear chased and then tackled them. Those five were charged with disorderly conduct with one man receiving an additional obstructing governmental administration charge. They were ticketed and released with future court dates.

The September arrests took place after Vero issued warrants for activists in city court. The warrants for misdemeanors and violations came, city police said, after they investigated a 911 call from a man who said protesters blocked his car and he could not get home to his heart medication.

After the police made the September arrests some of the protesters, including BLM leader Lexis Figuereo, were detained for hours. One man who was picked up while working was detained overnight. The first protesters arrested in the September roundup were arraigned in shackles. 

Minutes before Dunn did not accept the plea deal Tuesday, St. Michael's College student TJ Sangare, who was facing the same charges, agreed to a dismissal after six months.

His sister Samira Sangare, who faced a violation charge of disorderly conduct and accepted the same deal, was upset that Dunn, who is white, was offered a dismissal after 30 days, while she and her brother, who are Black, have to wait six months.

"He wanted more time to discuss (the charges), but the DA's office said they would not discuss it further and that this was the final deal," Samira Sangare said. "It was either take it or go to trial on the spot."

Heggen said that the 30 days was Luibrand's proposal, not the DA's.

TJ Sangare's attorney, Kathy Manley, did not address the two different deals, but did say the way city police handled the protest and arrests were "terrible."

“It was a peaceful rally," Manley said. "There was some traffic blocks and that happens a lot in protests. Generally, the charges are disorderly conduct. I think it is ridiculous that they charged unlawful imprisonment. And then it was ridiculous that several weeks later they came out with warrants for super minor charges. They grabbed people off the street, from work, and one person they held for 14 hours on ridiculous warrants … It’s really over the top and punitive. I’ve never seen this happen before and I’ve been practicing for a long time.”

She said she believes that the subsequent state AG’s investigation, as well as city elections won by Democrats who pledged a more respectful attitude toward protesters, have tempered the city court’s actions.

“There is widespread recognition that it was really excessive,” Manley said.

Manley said she is not concerned that her client will be arrested in the coming months, which, if happened, would rescind the plea deal.

“If there are more protests in the next six months, it’s possible,” Manley said. “I don’t know that the (Saratoga County) District Attorney’s office would bring this back up. I don’t think it’s too likely.”

Note: This story was update to indicate what charge Samira Sangare faced, a disorderly conduct violation.