Visit sought to visit Statue of Liberty before protester's sentencing

The Manhattan federal magistrate in charge of sentencing the woman who scaled the Statue of Liberty July Fourth in an immigration protest wants to pay a visit to Lady Liberty before deciding whether to impose a prison term.

U.S. Magistrate Gabriel Gorenstein, in an order issued Wednesday, asked the government to try to coordinate a trip to the scene of Patricia Okoumou's holiday demonstration, complete with an ascent to Okoumou’s perch atop the landmark's pedestal.

“If it were deemed possible and safe, the Court would like a ladder to be made available so the Court (and counsel if requested) can view, while remaining on the ladder, the surface of the area where the defendant was situated on July 4, 2018,” Gorenstein wrote in his order.

Okoumou, 45, of Staten Island, climbed the statue to protest the Trump administration's family separation policies and spent three hours about 140 feet above ground, leading to the evacuation of 4,000 people from Liberty Island, according to prosecutors.

After a nonjury trial before Gorenstein in December, Okoumou was convicted of trespassing, disorderly conduct and interfering with government functions. She faces up to 18 months in prison, and her sentencing is scheduled for March 19.

Prosecutors didn’t comment on Gorenstein’s request for a site visit. Okoumou’s defense lawyers said his order came as a surprise, but they assumed it was an indication the judge recognizes the historic and symbolic significance of a jail sentence for a Statue of Liberty protest.

“Clearly Magistrate Gorenstein is taking the matter of sentencing very seriously,” said defense lawyer Ron Kuby. “He can learn that she posed no danger to anyone except to herself, and there was no reason to evacuate Liberty Island.”

In his order, Gorenstein said he would bring along lawyers, clerks and a court reporter, but didn’t plan to engage in any questioning of National Park Service personnel. He said it could occur before or after normal visiting hours, and proposed dates could be kept secret for security reasons.

Okoumou was arrested Wednesday in Austin, Texas, in another immigration protest and charged with criminal trespass after climbing to a beam on the fifth floor of the headquarters of Southwest Key, a nonprofit organization that houses undocumented immigrant children.

She remained there for just under eight hours before coming down voluntarily, an Austin police spokesman said.

“Our client is continuing to protest family separation, a problem that has gotten more acute rather than less acute,” Kuby said. “If the government feels this deeply moving act of civil disobedience is worthy of incarceration, they will raise that at sentencing.”