A Miami man is sitting in jail because police say he drove down the street with an open container of beer. His bail? $10,000.
A teenager from New Jersey is locked up because police say he
rode a bicycle through the streets of Miami in the middle of the night
and refused to say what he was up to. Bail: $20,000.
Such major bail was ordered for such minor crimes, the public defender says, because the defendants were FTAA protesters.
In an emergency appeal filed Thursday, Miami Dade Assistant
Public Defender Carlos F. Gonzalez asked a higher court judge to lower
the bail.
"The bonds appear to be excessive and more in line with felony
charges than the misdemeanors in question," said Public Defender Bennett
H. Brummer, whose office filed the papers in the Third District Court
of Appeal.
The issue is not a new one.
It has arisen at other protests with mass arrests, including the
2000 Republican National Convention in Philadelphia, where Miami Police
Chief John Timoney was police commissioner.
The pattern includes high-profile mass arrests, followed by high
bail, culminating in a few weeks or months with low-profile dismissals.
Thursday's legal move came after a series of unusual bonds were
imposed earlier in the day on protesters accused of minor crimes.
Miami-Dade Circuit Judge Maria Korvick ordered a $20,000 bond for
Jesse S. Dewlow, 18, of New Jersey, and a $10,000 bond for James
Anthony Samaro, 19, of Coral Springs, for loitering and prowling. The
standard bond is $500, the public defender's office said.
Samaro and Dewlow were riding bicycles in the area of West
Flagler Street and Northwest Second Avenue at 2:45 a.m. Tuesday when
they were arrested after refusing to tell police where they lived or
where they were going.
Armando Muller, 22, of Miami, was arrested after another officer
saw him driving in the area of Northeast Eighth Street and First Avenue
with an open beer container at 3:45 a.m. Thursday. Korvick gave him a
$10,000 bond. The offense normally calls for a $500 bond.
In another case, Robert L. Hester, 37, of Bradenton, was standing
on the southeast corner of Northeast Eighth Street and First Avenue
when police saw him toss a plastic bottle containing a marijuana
cigarette. Hester was given a $20,000 bond; the standard bond is $1,000.
"Bond is supposed to be something sufficient to ensure the
defendant's presence for upcoming hearings," said Miami attorney Martin
Ruskin.
"Unless there is evidence that these people are a danger to the
community, asking for these high bonds is simply punitive," Ruskin said.
"They're using high bail to try and keep people in jail," said Fort Lauderdale criminal defense attorney Fred Haddad. "It's just pure tyranny."
Earlier in the day, Judge Gerald J. Klein held seven FTAA
protesters arrested Wednesday at the crumbling Burdines mansion on
burglary charges in lieu of $5,000 bond.
The young people, who appeared handcuffed via video camera in the judge's courtroom, came from all over the country. All claimed to be homeless or living with parents.
Joshua Davison, 23, of Chicago, said he was unemployed. Robert Matthew Gilbert, 21, of St. Petersburg, said he was starting a new job
as a cook. Nicholas Gauger, 24, of San Francisco, said he did
construction work but was currently homeless. James Lennox, 25, said he
grew up in Los Angeles but has been unemployed for a year.
When asked by the judge how he supported himself, Lennox said,
"I've been living in an abandoned building and eating trash, sir."
James Davidson, of Allentown, Pa., also said he was eating trash and living in abandoned buildings.
Harrison Richard Bartlett, 19, of San Francisco, said he was a former schoolteacher, now homeless.
Sarah Beth Rocher, a 19-year-old cook from Philadelphia and the
only woman arrested in the house, shook her head as Assistant State
Attorney Mark A. Smith told the court there were indications they
entered the house illegally and intended to use the items police found
to do harm.
The judge accepted Smith's argument that protesters were using
the mansion as a staging area with the intent to create mischief.
Throughout the day, public defenders representing the protesters
objected to what they referred to as unfair targeting of FTAA protesters
to keep them off the streets while others arrested in similar cases
received far more-lenient consideration.
Assistant Public Defender Elliott Snyder said in court that
stamping "FTAA" across the arrest affidavits violated the protesters'
rights to equal protection.
And, he said, they were the only defendants who were handcuffed behind their backs.
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