A judge presiding over the cases of free trade protesters said in
court that he saw ''no less than 20 felonies committed by police
officers'' during the November demonstrations, adding to a chorus of
complaints about police conduct.
Judge Richard Margolius, 60, made the remarks in open court last
week, saying he was taken aback by what he witnessed while attending the
protests.
''Pretty disgraceful what I saw with my own eyes. And I have always supported the police during my entire career,'' he said, according to a court transcript. ``This was a real eye-opener. A disgrace for the community.''
In the transcript, he also said he may have to remove himself
from any additional cases involving arrests made during the Free Trade
Area of the Americas summit.
''I probably would have been arrested myself if it had not been
for a police officer who recognized me,'' said the judge, who wears his
hair in a graying ponytail.
CIRCUIT JUDGE
Margolius, appointed to the bench in 1982, retired as a circuit
judge in 2001 but said he still hears cases 15 to 20 weeks a year when
courts are overburdened.
On Friday, he chose not to elaborate on the remarks he made from the bench Dec. 11.
''I can't comment on pending cases,'' he said. ``It was
inappropriate for me to make the comments I made. A reasonable person
could question my neutrality because of statements I made in open
court.''
The judge did not single out a police department. More than three
dozen agencies were part of the FTAA security effort. The Miami Police
Department coordinated most police operations.
Angel Calzadilla, executive assistant to Miami Police Chief John
Timoney, said: ``The chief's not going to comment on something this
vague. If the judge would like to file a complaint with the CIP
[Citizens Investigative Panel] he can do that like any other citizen.''
Nelda Fonticiella, a spokeswoman for the Miami-Dade Police
Department, which had a large presence during the protests, also said
the judge can file a complaint. ''It would be our hope and expectation
that if this is how he feels, that he would recuse himself from those
cases,'' she said.
Margolius had been hearing the cases of Joseph Diamond and
Danielle Kilroy, both arrested during the FTAA protests. Diamond had
been charged with aggravated assault on a police officer, a felony; the
charges were dropped by the state at the Dec. 11 hearing.
RESISTING ARREST
Kilroy also faced felony charges -- battery on a police officer
and resisting arrest with violence. Her charges were reduced to a single
misdemeanor, resisting arrest without violence, according to members of
the Miami Activist Defense, a legal group monitoring the court
hearings.
During the Dec. 11 hearings, the judge asked an assistant state
attorney, ``How many police officers have been charged by the State
Attorney so far for what happened out there during the FTAA?''
None, the prosecutor replied.
''None?'' asked the judge. ``Pretty sad commentary. At least from what I saw.''
The judge also wondered aloud how much the ''whole episode'' had cost taxpayers.
''I know one thing. There were police officers from every agency -- I couldn't believe the sheer numbers,'' he said.
Laurel Ripple, a protester who was arrested and is working with MAD, said she was in the courtroom during Margolius' remarks.
''I'm really glad he saw for himself what was happening . . . I'm
really glad he was out there,'' she said. ``As a lifelong Miami
resident and victim of the police during the FTAA, it was really
supportive to hear that kind of affirmation from Judge Margolius.''
The FTAA summit, Nov. 20 and 21, sparked marches and protests in
downtown Miami and resulted in 231 arrests. Since then, at least 27
misdemeanors have been dropped, according to prosecutors' records last
updated Dec. 2. Additional cases have been dropped or the charges
reduced, according to MAD members.
Two citizens' panels plan to hold a joint meeting Jan. 15 to hear
comments and complaints about police conduct during the FTAA, and both
Miami-Dade and Miami police are conducting internal reviews. Amnesty
International, the AFL-CIO and the United Steelworkers of America all
have called for independent probes.
A Miami police spokeswoman said officers were instructed to make arrests only as necessary.
MIAMI POLICE
''We were told to deal with situations that were serious but we
were always told to be very patient with people,'' said Herminia ''Amy''
Salas-Jacobson, a Miami police spokeswoman.
``In the training sessions we were told to be professional, be
patient and to do everything right. There was one thing that was
stressed at every meeting: Always be professional.''
During Margolius' informal speech, he noted that he couldn't recognize officers because ``everybody had riot gear on.''
''I hope the state has the good, common sense to deal with these
cases in an appropriate manner, with an eye on justice,'' he added.
Herald staff writer Charles Rabin contributed to this report.
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