Judge drops charges against woman mistaken for Cities Church protester

A federal judge has dismissed with prejudice charges against Heather Denae Lewis, a woman falsely accused of particpating in the Jan. 18 protest that disrupted a worship service at Cities Church in St. Paul, Minnesota.

The dismissal Friday ended the case against Lewis permanently after prosecutors accused her of being part of a group tied to the church protest, The New York Times reported. The case against the other 38 defendants continues. 

Brock Hunter, a Minneapolis attorney representing Lewis, said prosecutors withdrew the case after she showed she had not attended the demonstration. Hunter said Lewis was charged because she resembled a woman seen in protest video footage.

Lewis, 50, said in a statement that the case was one of mistaken identity and that the prosecution placed strain on her family.

“I am glad this simple case of mistaken identity is finally coming to an end for me, and I am happy that my family no longer has to worry that I could be arrested again at any moment,” Lewis said.

Court documents gave no reason for the dismissal, even as the judge’s order barred any future refiling of the same charges, FOX 9 reported.

In a separate filing, a magistrate judge who had early oversight of the case said the government produced no evidence and rebuked prosecutors for failing to meet discovery obligations months after launching the case.

The protest took place during a church service on Jan. 18 and focused on David Easterwood, a pastor at Cities Church who also serves as acting director of the U.S. Immigration and Customs Enforcement field office in St. Paul.

Protesters entered the church, interrupted the sermon and brought the service to a halt. Video from the scene showed chants and shouting inside the sanctuary.

According to charging documents, protesters interrupted the sermon with loud declarations, including chants of “ICE Out!” and “Stand up, fight back!”

Federal prosecutors said the action targeted both the congregation and Easterwood’s dual role as pastor and ICE official. Lewis’ dismissal leaves the larger prosecution intact, with the rest of the criminal case still moving through federal court.

Two journalists, former CNN anchor Don Lemon and independent reporter Georgia Fort, were among those charged. Prosecutors said they joined a pre-operation briefing at a shopping center with protest leaders before the group arrived at the church.

Fort and Lemon have said they were there only to cover the event as journalists.

Federal prosecutors used the Freedom of Access to Clinic Entrances Act, or FACE Act, which includes protections for houses of worship against physical intimidation.

Prosecutors said in the indictment that the group carried out a coordinated takeover-style attack involving oppression, intimidation, threats, interference and physical obstruction.

The protest also sparked a civil lawsuit filed by Ann Doucette, a Cities Church member, in U.S. District Court for Minnesota. Doucette accused protesters of civil conspiracy, intentional infliction of emotional distress, aiding and abetting, trespassing and interference with religious exercise. The suit named Lemon, Fort and several others who entered the church during the protest.

The complaint said protesters called congregants Nazis and told children that their parents would “burn in hell.”

Doucette’s filing said the service had been one place where she felt safe before the disruption and that she later suffered insomnia and anxiety.

One of the defendants, activist Trahern Crews, called the arrests a waste of time in a statement. Crews said he denied the allegations in Doucette’s lawsuit “with empathy and compassion.”