Yacahudah "Y.A." Harrison and Chris Peralta were part of the group ticketed on Oct. 20 for playing chess at tables inside of Emerson Playground, a children's play area off limits to adults unaccompanied by minors.
They arrived at a court hearing Tuesday, accompanied by civil rights lawyer Norman Siegel, where they refused a judge's offer of an adjournment in contemplation of dismissal, or ACD, which would keep the incident off of their criminal record if they have no other criminal activity in the next six months.
Harrison said he didn't take the offer because he doesn't believe he did anything wrong, and because as a homeless man, he could get any number of minor tickets in the next six months that would nix the deal.
"I have no intention of breaking any rules. But if I have any infractions in the next six months, the burden is on me to prove my innocence, no one else," Harrison said after the hearing, which was closed to reporters.
If Harrison and Peralta are found guilty they could be sentenced up to 90 days in prison, according to the judge who heard the case.
The other five men, including an MTA worker eating his lunch in the park when he was caught up in the police raid, accepted the judge's offer.
Now Harrison and Peralta will return to Manhattan Supreme Court Jan. 4 represented by by Siegel and co-counsel Earl Ward.