Smashley’s Brother: An Update

I got an inspiring number of heartfelt messages and expressions of concern after I posted the story of my brother being beaten by a police officer during an Occupy Wall Street raid, and I wanted to update you all with a hopeful bit of news.

All criminal charges against him have been dropped. Apparently, there was an insurance adjustor for the city who came along for the ride during the raid and documented everything that happened on tape. Andrew’s lawyer and my mom (his other lawyer) had planned on bringing a motion to make them give over that tape, along with another motion to dismiss for police brutality, which was backed by seven witnesses. Meanwhile the DA had hired a private law firm to submit a 25-page brief on why they didn’t have to relinquish the recording.

But yesterday morning, before any of that happened, the District Attorney moved to dismiss the charges, and the judge dismissed. According to my mom, “They really didn’t want us to have that tape, apparently.”

The civil trial against the police department is still under way. Andrew has also seen a neurologist, who says his remaining brain-damage issues should resolve themselves in six months or so.

I’ve updated the original post with this new information. Thanks for all the kind words, guys. It has meant a lot to know that there are people out there who care.

Ashley Hamer

Ashley Hamer (aka Smashley) is a saxophonist and writer living in Chicago, where she performs regularly with the funk band FuzZz and jazz ensemble Big Band Boom. She also does standup comedy, sort of, sometimes. Her tenor saxophone's name is Ladybird.

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  1. Thanks for the update. I’m really glad to hear he’s going to be okay legally and medically. Here’s hoping that the civil trail ends with justice being done.

  2. Coelecanth said what I was thinking. Also- I’m keeping a good thought for you and your family.

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