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MAKING YOUR STORY PUBLIC
Recently, a number of calls have gone out from social
justice groups to track police misconduct and abuse. These range from
local groups in Miami (such as the Green Party and FL ACLU) to national
groups (like Indymedia, Jobs with Justice, Public Citizen and the
AFL-CIO).
MAD - the collective of lawyers, law students and
legal workers whose number you wore on your arms for several days and
who are in the process of providing court solidarity and support for
defendants and potential civil plaintiffs - wants to tell you what we
think about distributing your stories and police misconduct information.
MAD supports the efforts of other groups to hold the
police and government entities accountable for unlawful actions at the
FTAA protests. MAD and the NLG, however, often take a different approach
to defense of activists' rights than other groups because of our
relationships with the movements that we represent. (For example, see
Miami's ACLU chapter president's comments in the Herald on 11/30/03 "in
going after 'them' the police came after 'us'- the union members, the
retirees, the veterans, the steelworkers, the teachers, the students and
the journalists. ") MAD and the NLG do not make these types of
distinctions between "good" and "bad" protestors.
CAUTIONARY NOTE
It is normal for people who have been victims of
police violence or had their rights violated to want to publicly tell
their story. MAD supports activists telling the truth about what
happened and forcing the media to acknowledge police brutality and
government repression. This can often be helpful both to the victim
(cathartic) and to the "cause" (giving evidence and plausibility to
widespread police abuse claims). However, there are certain problems
inherent in divulging one's story to the public that may affect criminal
cases (possibly more than just the victim's) and any civil rights
claims made in the future. Once your story is out there or shared in the
public domain (newsprint, on the internet, etc.), it no longer has the
confidential privilege that it may have had when you told it to MAD or
your lawyer. This information can come back to haunt you and others.
It is helpful to use the following as a guide:
- Try to get advice from an attorney on how your story could affect
your criminal case or those of others, as well as how it might affect
any civil claim you or others might make. Miami Activist Defense (MAD)
is also available for support and consultation and can be contacted at
352-375-****.
- Generally, it is not helpful to identify others by name in your story and you may want to use a pseudonym for yourself.
- You should relate what type of abuse was inflicted upon you and
any injuries sustained, but not convey your own actions in any detail.
- If you make your story public and offer
contact information, you should be prepared to deal with people wanting
to ask more questions and get further details. However, you should not
feel any obligation to respond unless you want to. Remember, you are in
control.
- Avoid discussion, at all, if criminal charges still pending
(not just to avoid a conflict in stories but also to avoid retribution
by the cops while charges pending). If you have pending criminal charges
and really still want to talk publicly, we suggest that you consult MAD
(or your private attorney) first.
- If you don't think your story would compromise your case or
others and would like to make a public statement or be available to
speak to the media, the MAD Media Working Group would like to work with
you. Contact MAD member Kris Hermes at 504-945-**** or at krishermes [at] earthlink.net.
CIVILIAN INVESTIGATIVE PANEL (CIP)
The Miami Civilian Investigative Panel (see http://www.ci.miami.fl.us/cip)
is a result of calls for police accountability that was set up under
pressure from Miami activists and residents. Like similar boards around
the country, it has limited investigative powers and no enforcement
abilities (i.e., no power to compel changes with the police). Ideally, a
civilian police review board would have true power to control the
police. The CIP only makes recommendations that the police can decide
whether to follow. While filing complaints with the CIP puts us in
solidarity with Miami citizens who have been dealing with police abuse
for a long time and allows others to use any complaints made as part of a
future case about patterns of police misconduct, you need to be
careful.
Lawyers with experience in police misconduct recommend
that people with pending criminal charges or civil rights claims,
generally, not file CIP complaints unless there is a very high
confidence level in the board?s ability and the people who staff it.
(Some of you may have seen the 12/8/03 Miami Herald article about a CIP
member who gave Chief Timoney an award for his work trampling on our
rights at the FTAA.) If you want specific information about your case
and whether to file a complaint, you should consult an attorney.
Information conveyed to the CIP can negatively affect pending criminal
charges and civil rights cases against the various agencies that may be
sued. Also, the CIP can also be a way that information is provided to
the police and government (it works both ways).
If you decide to
file, make it a VERY concise statement that focuses on what was done TO
YOU, not what YOU DID. Keep in mind that they might subpoena you for
more information. You may also lose any privileges for information
provided. The information provided to the CIP by you or others may also
come back to haunt you or them due to things like inconsistent
statements and mistakes. The CIP may be a better option for folks with
no pending criminal charges and who don?t plan to participate in any
civil rights lawsuits.
MESSAGE FOR LEGAL OBSERVERS
We commend our legal observers for your bravery and
commitment in helping to protect people's rights. People who served as
NLG legal observers SHOULD NOT speak to the press or publicly about what
you witnessed. The information gathered by legal observers is attorney
work-product and is privileged and confidential. If any legal observers
have questions, you should direct them to MAD attorney, Andrea Costello,
at: legal [at] stopftaa.org and put "confidential attorney communication" in the subject line.
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