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Panel faults police during FTAA

A draft report by the Miami-Dade Independent Review Panel was highly critical of police response to protests during last year's Free Trade Area of the Americas conference in Miami.

by Lisa ArthurMiami Herald
June 3rd, 2004

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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