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Police: Protests justified any use of force

Miami police spend 3 ½ hours defending themselves against allegations of abuse at the November trade summit, saying the event was an overall success despite some minor problems.

by Carolyn SalazarMiami Herald
February 6th, 2004
 
The Miami Police Department, facing allegations of brutality and civil rights violations at the now-infamous trade summit protest, went on the defensive Thursday -- saying the agency followed the rules and did not break any laws.

''Collectively, the operation was a success,'' Deputy Chief Frank Fernandez said during a presentation before the city's Civilian Investigative Panel, which is investigating whether the department used excessive force or violated free speech during demonstrations against the Free Trade Area of the Americas in November.

The mood in the chamber was often testy, as the presentation drew chuckles and heckling from dozens of antiglobalization protesters who sat through the 3 ½-hour testimony at Miami City Hall.

Fernandez, Chief John Timoney and a few officers who were at the protests defended the department against allegations of heavy-handed tactics, saying officers used force only when necessary to protect themselves against violent protesters.

They presented a 40-minute video that showed police defending themselves from angry protesters in Miami and elsewhere, saying the images showed the reason for such a heavy police presence, which critics have called a ``police state.''

''No, we don't think it was a police state,'' Fernandez said. ``We took the appropriate measures, and reduced [police presence] when we felt it was necessary.''

A FEW LESSONS

But officers did say that they learned a few lessons. Timoney even apologized for a statement attributed to him in a Herald report that he ''did not remember'' making. Timoney was quoted as using profanity to protesters while patrolling the city on a bicycle.

''I don't remember saying the words that I allegedly said,'' Timoney said. ``But be that as it may, if I did, I shouldn't have. It's unprofessional. There is no place, even in heat of battle, to say stuff like that.''

Even though the chief was contrite at that point, he became angry when one of the CIP members asked him if any officers who did not follow proper protocol would be disciplined.

At that point, Timoney went up to the microphone and said that all disciplinary action had been taken by the department. The internal affairs office has investigated two complaints filed by the department, as well as media reports alleging brutality.

''You do your investigation,'' Timoney said. ``You have 11 complaints. We had two.''

Following one of those complaints, Fernandez said, the department compensated a protester for a bicycle. The other is still under investigation.

The presentation followed last month's public hearing, where people were allowed to express concerns about how the department handled the protests. Thursday, only police officers from the department were allowed to give testimony.

A `WHITEWASH'

Civil libertarians called the presentation a ``police whitewash.''

''The report by the police department was either corruption or incompetence,'' said Naomi Archer, spokeswoman for the Save Our Civil Liberties Campaign, a coalition of civil rights groups formed after the FTAA meeting. ``It was either a coverup or incompetence, because they do not have the ability to realize what was going on out there.''

CITY ORDINANCE

Police officers also defended a city ordinance that limited what people could take to a city rally.

Earlier in the day, The Associated Prss reported, anti-free-trade activists challenged the constitutionality of the ordinance in federal court. U.S. District Judge Donald Graham gave the city 30 days to respond to the issues raised.

Only one FTAA protester was arrested under the ordinance, according to Assistant City Attorney George Wysong, who said the charge was likely dropped.

But civil libertarians argue that people arrested on other charges related to the ordinance could challenge their arrests if the law is deemed unconstitutional.
 

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