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Albany, NY – Across from the New York State Capitol, protesters are permitted to camp on city park land. But those crossing over onto state land have been arrested by state police, under orders from Governor Cuomo. Now, the governor is being asked to appoint a special prosecutor to follow through with those arrests. Capitol Correspondent Karen DeWitt reports...
For weeks, the Occupy Albany demonstrators have camped on land owned by the City of Albany, where police have declined to make arrests and the District Attorney says he won't prosecute peaceful protesters.
But, over the past several nights, some of the demonstrators have crossed onto adjacent state land, and have violated what the Cuomo Administration says is an 11 pm curfew. At the governor's request, state police have arrested more than three dozen protesters on charges of trespassing. Occupy organizer Daniel Morrissey says he expects the action, and the arrests, to continue.
"People do want to make their voices heard and observe their rights, especially to civil disobedience," Morrissey says.
But the Albany County District Attorney, David Soares, says he has no plans to prosecute those arrested on state land, either.
Now, the leader of the Albany Republican Party is asking Governor Cuomo to appoint a special prosecutor to follow through on the arrests, if the DA won't participate.
GOP Leader Don Crary went to the encampment to make his request, and was immediately surrounded by jeering demonstrators.
He says the governor should appoint the state Attorney General to take over the cases.
"I'm calling on the governor to appoint the Attorney General as special prosecutor to handle all trespassing cases on both sides of the line," said Crary.
Crary says he joined protests against the Vietnam War when he was in college in Schenectady in the early 1970's. He says he believes in the demonstrators' rights to free speech, but not at all hours of the day and night.
A spokesman for Governor Cuomo had no comment on the special prosecutor request. A representative for Attorney General Eric Schneiderman also did want to comment.
Meanwhile, a new poll shows the majority of New Yorkers think the Occupy protesters have the right to remain in parks 24 hours a day, says Siena's Steve Greenberg.
"57% of voters say 'yes they should,'" said Greenberg. "40% say 'no they should not.'"
The poll found overall support for the demonstrators dwindling, from 49% last month to 45% now.
And Governor Cuomo's opposition to the protesters' staying overnight on state land has not hurt the governor's popularity. The poll finds his high approval ratings remain virtually unchanged, at 72%.
In Albany, I'm Karen DeWitt.