Va. Prosecutors To Drop Some Charges Against Capitol Protesters

April 11, 2012 — Virginia prosecutors will withdraw misdemeanor charges of unlawful assembly against all 30 protesters arrested at the state Capitol during a March 3 demonstration in support of reproductive rights, the Richmond Times-Dispatch reports (Williams, Richmond Times-Dispatch, 4/9).

The protesters, who were arrested after they refused to leave the Capitol steps, were among about 1,000 demonstrators who marched throughout Richmond before ending at a rally outside the Capitol. The protesters sought to defeat legislation that would require a woman to receive an ultrasound before abortion care (Women's Health Policy Report, 3/6). Gov. Bob McDonnell (R) signed the bill (HB 462) into law on March 7 (Women's Health Policy Report, 3/8).

Deputy Commonwealth's Attorney Colette McEachin also offered to withdraw a misdemeanor trespassing charge for protesters who agree to perform 25 hours of community service with any "legitimate nonprofit of their choosing." McEachin said she extended the offer to the protesters' attorneys on Friday and is awaiting their response.

McEachin said the unlawful assembly charges would be withdrawn because "[i]t was clear that it was going to be difficult for the commonwealth to prove elements of" the offense (Richmond Times-Dispatch, 4/9).