Judge dismisses case slated to be first FTAA-related trial
Cops a no-show as Judge Rosa Figarola rules
"nolle prosse," throwing out charges today against legal observer
Ernesto Longa in what was to be the first FTAA-related trial
Miami, FL - Judge Rosa Figarola handed down a "nolle
prosse" ruling, dismissing charges today in the case of Ernesto Longa, a
legal observer arrested last November during the Free Trade Area of the
Americas (FTAA) protests. The judges ruling came after a denied request
by the prosecution to postpone the trial due to the absence of police
officers that were the state's key witnesses. Public Defender Kathryn
Strobach represented Longa.
"I am obviously pleased that the
courts threw out my baseless charges," said defendant Ernesto Longa.
"But I hope that they also realize how frivolous the charges are against
others arrested during the FTAA protests so that we can end this legal
charade and move on with our lives."
Longa, 33, a Miami resident and law student at St. Thomas University, served as a legal observer for attorneys
with the National Lawyers Guild (NLG) during the FTAA protests. Longa
was arrested on November 21, 2003, while acting as a legal observer and
charged with the misdemeanors "failure to obey a police order" and
"resisting arrest without violence." Longa was arrested while observing
and documenting police activity at a peaceful vigil outside the
Miami-Dade County Jail. Over 200 people had gathered to show solidarity
for those arrested and attacked by police the previous day. Longa
was among over sixty people unjustly arrested that day.
The "law
enforcement" overreaction that occurred during the FTAA protests
resulted in over 280 arrests and hundreds of injuries stemming from
violence initiated by police. Although it is early in the court process,
many charges have been thrown out or reduced as a result of rulings in
pre-trial hearings. Out of 28 felony cases, twelve have been thrown out
and eleven more have been reduced to misdemeanors, leaving five cases
yet to be tried.
The NLG trained and dispatched dozens of legal
observers to document the police conduct and action that violated the
constitutional rights of demonstrators at the FTAA protests.
Nationally, the NLG trains and coordinates legal observers at mass
demonstrations around the country to protect people's right to
protest-free from unlawful government interference and police brutality.
"The
deliberate violation of democratic rights by police resulted in the
political profiling and targeting of protesters, medics and legal
observers alike," said Kris Hermes of Miami Activist Defense. "Longa's
case is merely an example of how police denied the rights of anyone
associated with the FTAA that wasn't inside the closed-door meetings."
Many
calls have been made to investigate the police violence and misconduct,
which characterized the protests. However, investigative bodies have
been slow to react and the State Attorney's office has remained
steadfast in their intent to prosecute frivolous cases. Miami Activist
Defense is calling for the dropping of all FTAA-related charges.
As
a result of the police overreaction to the protests, a coalition of
organizations has formed a national campaign calling itself "Save
Our Civil Liberties" (SOCL). The campaign includes global justice,
labor, environmental, anit-war, community, and other organizations
working at the local, state and national level to save and recapture
civil liberties and human rights. SOCL demands also include calling for
the dropping of charges and the firing of Miami Police Chief John
Timoney.
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