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ALBANY, N.Y. -- Dozens of Occupy Albany protesters were arrested the past couple nights after 11 p.m. for trespassing. Some also facing disorderly conduct charges for occupying Lafayette Park, owned by the state.

“Were you being disorderly?” our reporter asked.

“No we were peaceful man. I believe in peace and love. You don't have to be violent or rowdy you can be peaceful. You can get your message across much better,” Albany resident Michael Lamorre said.

But the arrests have created an odd cycle of events. Governor Cuomo has enforced the curfew. Then, the state police have warned the protestors to stay in Academy Park, where city leaders are allowing them, arresting those who technically trespass. But the District Attorney says he won't prosecute the offenders who vow to get arrested again.

“At no point in time should any harm come to law enforcement when they're maintaining order. And at no time should property be damaged. Those are the two conditions that would cause me to change the posture I've taken,” Albany County District Attorney David Soares said.

Soares says it's not that he agrees or disagrees with the protestors, but that the county court system can't handle dozens of arrests, night after night, by repeat offenders who would likely demand a full trial to further spread their message.

Soares said, “Repeat arrests could literally cripple our operations at local court.

“District Attorney is a very powerful office. No one can force him to prosecute,” said former Albany County Judge Arnold Proskin.

Proskin is critical of the situation though, since he says anytime police are forced to make an arrest, they're at risk and any charges should be prosecuted.

Bottom line, the occupiers say it shouldn't matter that you're in Academy Park , which you are allowed to be in after 11 p.m., or if you walk a few feet to Lafayette Park where you'd be arrested after 11 p.m.

Proskin says that if Soares chooses not to prosecute, that doesn't necessarily mean the protestors would get away scot-free either.

Proskin said, “The governor has the power to put a special prosecutor onto the case.”

“Is there a message you'd like to send to Governor Cuomo because otherwise this seems like a catch-and-release program?” our reporter asked.

Soares said, “And that should be factored into any thinking with future engagement with the protestors.”

Meanwhile, folks at Occupy say they'll continue forcing the dialogue.

“It's not a matter of pushing envelopes, it's a matter of calling a politician out on something that is unjust and unconstitutional,” said Albany resident Jenny Kotary.

“I'll go up there again and get arrested if I have to,” Albany resident Michael Lamorre said.