Actually, based on the words of the judge at arraignment, it's far more likely this will never see a jury. If the morons in the prosecutor's office insist on trying to hang these guys, the judge who buys the case will dismiss for LoE and failure to pass any intelligent person's concept of reasonableness as soon as the prosecution rests - As he should.
I think it's far more likely they'll be pled out to thirty-eight counts of littering or advertising without a license. Turner will pay their fines and the whole incident will be swept quietly under the rug.
And the poor citizens of Boston will never live down the failure of their mayor and police force to act in a rational manner.
Kind of pathetic, really.
Regards,
Col Sanders
Could be, Colonel. But the DA is going to be under tremendous pressure from Mayor Menino et al, who have vowed that there will be "no mercy". If the case goes to trial, the judge is really going to have to slap the DA hard to get him to stop.