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Miami police claim about shot-free year seems off target

by Michael MayoSun-Sentinel
January 18th, 2004
 
A few weeks ago, Miami police Chief John Timoney boasted that "in 2003, for the first time, the police department did not shoot, or shoot at, any civilians."

Guess the rubber bullets that wounded Nikki Hartman on Nov. 20 don't count.

Granted, we don't know whether it was Timoney's officers who shot Hartman on a downtown Miami street during the Free Trade Area of the Americas summit. But it was on Timoney's turf, and at his behest.

It could have been members of the Miami police, the Miami-Dade police, the Broward Sheriff's Office or the other 40 or so local, state and federal law enforcement branches involved in policing the summit and surrounding protests. Under Timoney's direction, Miami became a paramilitary boot camp that week, with police so intent on maintaining order and scaring off "troublemakers," that concepts like civil rights and the Constitution were trashed.

"I can't tell you who shot me," said Hartman, 28, of Pinellas County. "I can't tell you because they weren't identified. And I can't tell you because I had my back turned every time I was shot."

The way Hartman described it Thursday to two civilian review boards investigating police behavior during FTAA week, she was assaulted for having the nerve to exercise her First Amendment rights of free speech and free assembly.

"I didn't do anything wrong," said Hartman. "And neither did 99 percent of the people that day."

She told a disturbing tale of trying to meet some friends outside the Bayside amphitheater, only to be corralled to an area where police in riot gear eventually opened fire. She said one officer "shot me point blank on my butt cheek," and another shot her in the head as she attempted to crawl from the scene. She said a friend who tried to help her, Robert Davis, was shot seven times.

Celeste Delgado, a reporter for Miami New Times, told about being handcuffed for 12 hours after her arrest with a group far from the designated "security zone."

"People my parents' age were brutalized by the Miami police department," said Fred Frost, president of the South Florida AFL-CIO. He said police "reneged on every promise" they negotiated in advance for the union's permitted march.

Police officials said they acted legally and appropriately in response to a fluid situation.

Frost said retirees and union members told him about "being thrown to the ground with rifles pointed at their head," and some who were arrested were denied water for medication and access to bathrooms while in custody.

"I have tremendous respect for the police," said Frost, noting his father was an FBI agent and his union members include law enforcement officers. "But if you allow the police to get away with what they did on Nov. 20, then this country is in sorry shape."

Whether anybody will be held accountable for the outrageous excesses is anyone's guess. Now it's up to the civilian review boards -- the Miami Civilian Investigative Panel and the Miami-Dade County Independent Review Panel -- to get to the bottom.

But you wonder if they have the teeth or the will. At the hearing, some members appeared to be more reactive than proactive, saying they needed more specific written complaints to investigate. And it wasn't encouraging to hear that police haven't been forthcoming with some documents the board has requested.

There's a host of other complications, from lack of funding for investigators to a lack of cooperation and trust from those injured and arrested.

Although the city's civilian panel has subpoena power, neither board has the authority to effect real change. They can only make recommendations to leaders who have already been too quick to congratulate themselves for the way things were handled.

"A model for homeland security," Miami Mayor Manny Diaz said in November.

But this chilling model shouldn't make any American feel secure. And if Timoney is audacious enough to claim police in Miami didn't fire a single shot at a civilian last year because rubber bullets don't count, it might be time for him to go.

 

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