Demonstrators who came to Miami to protest during November's Free
Trade Area of the Americas conference are due ''heartfelt apologies''
because they were met by the equivalent of ''martial law.'' In some
cases, police reacted with an ''unrestrained and disproportionate use of
force'' and ``civil rights were trampled.''
Those are some of the stinging conclusions in a draft report by the
Miami-Dade County Independent Review Panel, which is examining police
conduct during the conference.
''The members of the Independent Review Panel strenuously condemn and
deplore the unrestrained and disproportionate use of force,'' reads the
panel's draft executive summary, released last week.
``Most importantly, we extend our heartfelt apologies to the visitors
who came to our city to peaceably voice their concerns, but who were
met with closed fists instead of open arms.''
The panel's main task was to focus on the actions of the Miami-Dade
Police Department. But the county panel held a joint hearing with the
city of Miami's Civilian Investigative Panel, which is reviewing the
Miami Police Department's actions. Review panel members watched video of and examined reports from all law enforcement agencies involved.
Jorge Reynardus, chairman of the county panel, said the strong
language in the draft report is a global comment on all police activity
during the conference. More than 35 agencies policed the protests.
''That language is not directed at the Miami-Dade police,'' he said.
``It's a comment on what we saw overall. And some of what we saw is
shocking and deplorable.
``You can argue with people's perceptions, but the video is what the
video is. It showed indiscriminate use of force against nonviolent
protesters.''
Protesters say the police response was excessive. Police have said
their judgment was sound and a show of force was necessary to prevent a
repeat of turbulent 1999 trade talks in Seattle, where protesters caused
millions of dollars' worth of property damage.
The draft report is now being reviewed by the full nine-member
Independent Review Panel, but Reynardus said he does not expect the
critical tone of the report to change. He's hoping the final report will
be released in July.
SOME RESTRAINT
Both Reynardus and review panel Executive Director Eduardo Diaz said
Miami-Dade police showed great restraint for much of the weeklong
conference. County officers only fired off three pepper spray balls and
one pepper spray canister during an incident outside a county jail on
Friday, Nov. 21, the final day of protests.
''The vast majority of MDPD personnel performed their duty without
incident and conducted themselves in a professional manner under trying
circumstances,'' reads one of the report's findings.
But it's also critical of some of the controversial arrests around
Miami-Dade County Jail. ``Insufficient time to disperse was given to
some demonstrators arrested . . . on Friday afternoon.''
Reynardus said most of the Friday arrests were unnecessary and inappropriate.
Nelda Fonticiella, a spokeswoman for the Miami-Dade police, said it
was premature for the agency to comment: ``At this time our command
staff is reviewing the report, so we won't have any comment until they
are done.''
Carlos Alvarez -- who was the Miami-Dade police director during the
conference and has since resigned to run for county mayor -- said the
report sounded ``melodramatic.''
''There were a number of departments there; I can only speak for
MDPD. I did not see any images of MDPD abusing anyone,'' he said. ``I
know that we acted in a very professional manner, under very difficult
circumstances.''
'ADMIRABLE' REPORT
Tony Fransetta, president of the Florida Alliance for Retired
Americans, one of the protest groups, called the draft report
``admirable.''
Fransetta said he was shocked when he heard allegations that police
had extensive training in the economic benefits of the FTAA for Miami,
but none whatsoever in the rights of protesters.
''When the police favor FTAA proponents over civil and constitutional
rights, to me that should be criminal,'' he said. ``I brought 24
busloads of seniors down . . . and they violated every right they had.''
The review panel report also faults preconference media coverage and
police training for emphasizing ``anarchists, anarchists, anarchists,
and this contributed to a police mind-set to err, when in doubt, on the
side of dramatic show of force to preempt violence rather than be
subject to criticism for avoidable injury and destruction based on too
reserved a presence of police force.''
Neither the review panel nor Miami's civilian panel has enforcement
power. But they can make recommendations for changes in policy.
Reynardus says his group has kept its eye on the future while conducting the review.
''This is not the last time an event of this magnitude will happen in
Miami,'' he said. ``If we don't take a stand now, then we have
ourselves to blame if this happens again. We saw videos from a dozen
different sources and there was just a gross overreaction by police.
It's unnecessary and unwelcome in our community.''
Herald staff writers Tim Henderson and Charles Rabin contributed to this report.
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