Occupy Sac Protester Refuses To Come Down From Tree; 23 Others Arrested

SACRAMENTO (CBS13) — Sacramento Police arrested Occupy Sacramento protesters who refused to leave Cesar Chavez Park overnight — except one who has climbed up a tree Wednesday night and refused to come down.

Officers had been monitoring the protester who goes by "Joe" to make sure he doesn't fall out of the tree, but Occupy Sacramento said in a press release Thursday that city staffers are using "cherry pickers" to try to prod the man out of the tree.

"Joe" apparently has water for two days and some food, and he is vowing to stay in the tree "as long as it takes." He wouldn't field any questions from CBS13's Nick Janes.

Once "Joe" comes down or is taken down, he will be arrested just as 23 others were overnight. Police aren't allowing people to give him extra food or water.

"He has every opportunity to come down and that's what we want to make sure he knows, that he can come down at any given time," said Sgt. Andrew Pettit.

All but two of the protesters were free from jail Thursday afternoon, organizers said. One had to be hospitalized.

Sacramento Police started moving in after 11 Wednesday night when Cesar Chavez Park officially closes.

Police in riot gear and carrying batons lined up around the park telling protesters if they didn't leave the park, they would be arrested.

Demonstrators were in the park for what they called a "First Amendment Party" to honor the 70th anniversary of the attack on Pearl Harbor by fighting for what the veterans fought for — freedom. Several of the protesters were war veterans, according to organizers.

Occupy Sacramento organizers say the First Amendment rights of free speech and freedom of assembly do not end at 11 p.m.

"In Sacramento the city has deemed the First Amendment ends at 11 o'clock at night on weekdays," said protester Cres Velluci. "It should be a 24-hour right. It always has been."

Sacramento Police say the protesters who were arrested also could face resisting arrest charges because they allegedly linked arms in a show of defiance. Protesters allege police used excessive force in some of the pin holds used in making the arrests.

There have now been 110 arrests since Occupy Sacramento began on Oct. 6, according to organizers. Nine protesters face a jury trial beginning Dec. 13.