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Police chief asks panel to put judge under oath

by Carolyn SalazarMiami Herald
February 9th, 2004

Miami Police Chief John Timoney last week asked an independent review panel to subpoena a judge who said during a court hearing that he saw ''no less than 20 felonies committed by police officers'' during November's free trade protests.

''The allegations he made are very serious,'' Timoney said during a hearing before the Civilian Investigative Panel, referring to the comments made by Miami-Dade Circuit Judge Richard Margolius.

Timoney said Internal Affairs detectives had tried to interview Margolius, but he declined to speak with them -- a claim the judge denies. Timoney asked members to use their power to force the judge to give testimony.

Members of the civilian panel, who have indicated they would use their subpoena power with discretion, said they have no authority to force anyone other than Miami police officers to testify before them.

But the panel sent the judge a letter inviting him to submit a formal complaint.

Margolius said last week he was not aware the police department had reached out to him and has not received the panel's letter.

But he declined to say what his response would be to the panel's request.

''I don't know. I`d have to think about it,'' Margolius said Friday. ``I would have to study it carefully, discuss it with experienced colleagues and then try to figure out what is the right thing to do.''


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