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Subject: Clarification of "Mrak 51" Charges & Rally Tomorrow

To clarify the situation with the "Mrak 51":

We have just received information that the DA has not dropped the charges for the "Mrak 51". He has
announced publicly that he will not be pressing charges at this time, i.e. discharging the cases but not
dismissing the cases. This means that the DA has up to one year to press charges for the misdemeanors. In
most cases, the DA will not bring these charges back up. However, the DA (and the University) may use
these charges (and the possibility that these charges could be pressed in the next year) to discipline and
regulate the behavior of the Mrak 51 in future protests. In other words, if any of the Mrak 51 was re-arrested
in a future demonstration in the next year, there could be 2 misdemeanor charges instead of 1. Especially as
the DA is quoted in the Sacramento Bee: "While criminal charges may be filed for up to one year after the
date of the alleged violation, it is our hope that future student demonstrations will comply with the law and
eliminate the need for the district attorney's involvement at all." On a positive note, if the DA were to bring
these charges back up, his case would probably be weakened as there is a public record of him stating he
would not press charges.

So to re-cap with a little analysis from a lawyer/supporter of the Mrak 51:

(1) the DA, the University, and the Police want to make it look like they have been benevolent but they have
not given up any powers of prosecution in this situation.

(2) What they did do, in their attempts to both threaten student protesters (the Mrak 51) and seem
benevolent, was weaken their actual case for bringing those original misdemeanors should they make the
absolutely ridiculous and rare decision to bring charges back after discharge, and

(3) showed us another technique that they use when confronted with the embarrassment of arresting a
bunch of their students.

Furthermore, this calls into question the spirit our negotiations with Janet Gong on Tuesday November 24.

1) The charges of the Mrak 51, while not being pressed at this time, could be pressed in the future as a
means to regulate our behavior in future protests and demonstrations.

2) Not only has there been no public apology to the one student facing assault charges, she is still being

Let's not let the DA, the university, and the police get away with this.

Finally, a rally is being called for tomorrow Monday November 30 at 2pm on the Quad. Please come out once
more in solidarity with other students, faculty, staff, workers, and community members upset by the
Regents' privatization program and mis-management of the UC budget, by the state of California's de-
funding of public education, and by the administration's militarization of campus against peaceful protests.