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Berkeley Marine Recruit Protesters Claim Legal Win

BERKELEY (CBS 5 / BCN) Four Code Pink activists claimed a legal victory after they reached an agreement with the Alameda County District Attorney's office that allows them to plead no contest to a single infraction each, instead of multiple misdemeanors, for their activities at the U.S. Marines recruiting center in Berkeley.

Pamela Bennett, one of the Code Pink members who had faced up to six months in jail, a $1,000 fine and three years' probation, said activists celebrated in front of the Marines recruiting center Wednesday afternoon by eating cake and drinking champagne.

Andrea Auer, the attorney for one of the activists, said Thursday that a resolution reached with prosecutors and approved by Alameda County Superior Court Judge Morris Jacobson on Tuesday protects the activists' free speech rights because no order to stay away from the recruiting center was issued.

Instead, the only restrictions against the activists are that they not enter the recruiting center and not prevent anyone from entering or leaving the center, Auer said.

She said the resolution calls for the activists to stay within 4 feet of the curb in front of the recruiting station.

Auer said the infractions will be dismissed Jan. 5 if the activists comply with all the terms and conditions of the agreement.

Bennett and the other three activists had faced misdemeanor charges of trespassing, and intimidating and obstructing public officials in connection with protests at the recruiting center on March 14 and 24.

Bennett said the activists pleaded no contest to a disturbing the peace infraction.

Prosecutors and a Berkeley police spokesman couldn't immediately be reached for comment.

The other activists involved in the case were Medea Benjamin, Zanne San Joy and Toby Blome.