Veteran New York City lawyer Marc Steier says he watched in dismay as
a police field commander grabbed his hand and snapped off the top of
his flip phone before he was "dogpiled" by police. Steier says officers
confiscated the cassette tapes he was using to monitor Miami and
Miami-Dade County authorities.
Washington, D.C.-area law student Miles W. Swanson says he found
himself the subject of a "snatch and grab" when a group of undercover
officers dressed as ski mask-wearing anarchists beat him and threw him
into a waiting van after he outed them to a group of demonstrators.
And Portland, Ore., environmental lawyer Brenna Bell says she was
swept in with a mass arrest after she negotiated in vain with police to
allow protesters to peacefully disperse from an unsanctioned jail vigil
they were holding.
While remaining tight-lipped about these allegations, Miami police say their actions were necessary to stop lawbreakers.
The three were among 60 National Lawyers Guild volunteer legal
observers sent to Miami to monitor police activity and assist
demonstrators who ran afoul of the law during the Free Trade Area of the
Americas summit in Miami last month. At least six legal observers were
arrested and charged with misdemeanors ranging from unlawful assembly to
obstruction of justice without violence during the week of the summit.
The arrests stunned the lawyers guild observers. Most were
wearing bright neon green caps designed to distinguish them from the
rest of the demonstrators. But many say the caps ended up serving more
as targets than as protection from arrest. Several report being
teargassed, shot with rubber bullets and jailed for more than 17 hours
without access to food, water or counsel.
"It’s kind of shocking," says Steier, who helped organize
observers in Miami. "I honestly never expected to see legal observers
arrested, let alone teargassed."
National Lawyers Guild observers are a regular presence at large
demonstrations, and the organization has a long history of litigating to
combat government actions it says are geared toward preventing
individuals from expressing their basic rights.
Heidi Boghosian, the guild’s executive director, says that at
past demonstrations, legal observers have been swept up in mass arrests,
often with charges being dropped before trial. "Here, we saw
pinpointing of individuals," she charges.
Miami police dispute claims that officers targeted anyone other
than lawbreakers. Police officials met with demonstration organizers in
the weeks leading up to the summit and were alerted to the fact that
there would be legal observers present, according to police detective
Delrish Moss.
"Observing is the key word," Moss says. "Legal observers are
fine, and we’re glad they’re there." But, he adds, "People were arrested
not for observing but for engaging in conduct that was lawless."
Police report seeing demonstrators throwing rocks, and Moss says
officers recovered slings, ball bearings and marbles from a local
mansion that was burglarized the week of the summit. The lawyers guild
disputes there was widespread violence and maintains police overreacted
to otherwise peaceful demonstrations.
Swanson, Steier and Ernesto Longa, a second-year student at St.
Thomas University School of Law in Miami, say they were clearly wearing
their green hats, had notebooks in hand, were using audiotape recorders
and tried to explain to officers that they were legal observers. Longa
says his entire ordeal was caught on videotape because a Miami
television reporter and cameraman had been assigned to follow him that
day. And he says that because he was arrested while reporting the
activity to higher-ups, his legal-team colleagues were able to hear over
his cell phone much of what transpired.
Several groups, including the American Civil Liberties Union, are
investigating these and other claims. The groups are compiling personal
accounts and collecting evidence, including rubber bullets and a police
PowerPoint presentation the guild says includes a photo of Swanson and
describes legal observers as tools of the demonstrators.
The observers interviewed by the ABA Journal eReport say they
intend to help with any potential litigation and plan to serve as
plaintiffs in lawsuits after their criminal cases are resolved. Swanson
says he pleaded no contest to his reduced charges so he could return to
D.C. to take an evidence exam at David A. Clarke School of Law. The
others intend to fight the charges in court, if necessary.
Police, including the Miami-Dade County Police Department, report
a total of 250 arrests the week of the summit and the days immediately
following. Most of the arrests were misdemeanors, although prosecutors
report there were 28 felony arrests involving more serious offenses
including burglary and vandalism. Public defenders in Miami organized in
advance and worked overtime to handle the influx of cases.
Although the guild members say they believe the police tactics
were meant to deter demonstrators, those interviewed insist they will be
ready volunteers the next time around to ensure that citizens have an
avenue to exercise their First Amendment rights.
"It makes us more committed than ever," says Bell, the Oregon
attorney. Asked whether she is worried the arrest and possible
conviction could impact her law license, Bell says no.
"This isn’t the kind of thing that speaks to one’s integrity as a
lawyer, especially when I’m not doing anything wrong," she says. "The
bar should be proud."
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