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ACLU plans to file suit over Kmart arrests
Houston Chronicle ^ | Aug. 23, 2002, 9:24PM | MIKE TOLSON

Posted on 08/23/2002 9:23:13 PM PDT by niki

ACLU plans to file suit over Kmart arrests

Lawyer says charges should be dropped

Signaling the start of what may become a legal dogpile, a lawyer with the local chapter of the American Civil Liberties Union said he anticipates filing a lawsuit in connection with the mass arrest of teenagers at a Kmart parking lot in West Houston this past weekend.

Randall Kallinen said he may allege civil rights violations and false arrest. If prosecutors do not drop the pending charges, he might add malicious prosecution to the list, he said.

"They should have dropped the charges by now," Kallinen said of the district attorney's office. "There's little argument that they should have finished thoroughly looking into this by now. The news reporting as been all over the place."

Police swooped down en masse upon the parking lot of the Kmart Super Center at 8404 Westheimer early Sunday morning in an operation whose precise purpose is still being investigated.

There had been numerous complaints from nearby neighborhoods about noise and drag racing down Westheimer. When police arrived this time, no racers were found. But the commanding officer, Capt. Mark Aguirre, ordered the young people in the parking lot and at the adjacent Sonic Drive-In be arrested.

The mass arrest of 278 people, most charged with criminal trespass, sparked outrage among parents of the young people. Numerous complaints have been filed with the internal affairs division of the Houston Police Department.

Attorney Steven "Rocket" Rosen said earlier this week he will file legal action on behalf of a number of young people who were arrested.

"It's such an outrageous violation," Rosen said. "I talked to two people who were eating (at the Sonic) and they said police removed the food from their table and arrested them."

Rosen said he would not charge his teen clients to represent them.

"It's not fair for them to have to pay lawyers thousands of dollars," he said. "These people were violated."

Prosecutors have not said whether they will pursue cases against those arrested. For those who pleaded guilty and paid a fine so they could be released from jail instead of posting a bond, there is still an opportunity to escape a final conviction.

Municipal court officials said anyone has 10 days to file a motion for a new trial, regardless of whether they pleaded guilty or were found guilty.

"The defendant has to be the one to ask for a new trial," said Nellie Santos, assistant director of municipal courts. "They can explain to the court why they want a new trial. The judge does not have to grant it, of course."


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events
KEYWORDS: aclu; houston; kmart; policestate
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1 posted on 08/23/2002 9:23:13 PM PDT by niki
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To: niki
The ACLU should change their name to portray what they really want to the Anarchist Civil Liberties Union...
2 posted on 08/23/2002 9:31:46 PM PDT by Vidalia
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To: niki
Raid on Kmart lot leaves shock, anger
Raid on Kmart lot leaves shock, anger
Raid on Kmart lot leaves shock, anger
Raid went to 'hell in a handbasket' Officers say Kmart bust was flubbed
Policing the police after Kmart raid
Raid at hot dog joint preceded Kmart bust
(Kmart Raid) Sonic officials say raid at restaurant unwanted
ACLU plans to file suit over Kmart arrests
Berry watched (Kmart) raid, but didn't question police
3 posted on 08/23/2002 9:43:04 PM PDT by niki
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To: Vidalia
Sorry the ACLU is right on this one. See links in post 3 for saga.
4 posted on 08/23/2002 9:44:54 PM PDT by niki
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To: Thud; Dog Gone; neutrino; Spirited; Fixit; FITZ; sweetliberty; freebilly
And here is the ACLU
5 posted on 08/23/2002 9:55:25 PM PDT by niki
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To: Vidalia
On rare occasions the ACLU gets it right. This is one of those times.
6 posted on 08/23/2002 9:58:11 PM PDT by sweetliberty
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To: niki
Thank you niki for the pings and for keeping the list of links updated. This is an important story.
7 posted on 08/23/2002 9:59:16 PM PDT by sweetliberty
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To: Vidalia
Don't say this often but.....GO ACLU! Even the ACLU couldn't get this one wrong.
8 posted on 08/23/2002 10:02:49 PM PDT by Arkinsaw
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To: niki; sweetliberty; Arkinsaw
I agree.

This is like the Hooten PD of 30 years ago who threw people into the Buffalo(?)Bayou off the bridge with their hands tied...
9 posted on 08/23/2002 10:23:36 PM PDT by Vidalia
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To: ImphClinton; one_particular_harbour
Kmart follow up - Go ACLU. :)
10 posted on 08/23/2002 10:39:27 PM PDT by niki
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Comment #11 Removed by Moderator

To: niki; Dark Wing
"Signaling the start of what may become a legal dogpile ..."

The tobacco lawyers need a new target. Houston just volunteered.

12 posted on 08/23/2002 10:52:18 PM PDT by Thud
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To: Thud
"Houston just volunteered."

LOL!

13 posted on 08/23/2002 10:55:43 PM PDT by sweetliberty
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To: niki
As someone who actually lives in the Houston area (in fact, within walking distance of the K-Mart where the raid took place), I say, I could not disagree more with the people who have posted here so far.

For one thing, there is a curfew for kids under 18 in the Houston area that runs between 12 midnight and 6 am. And this raid happened at 12:30 am.

For another, why hasn't anyone asked what 278 kids were doing in the parking lot of a K-Mart that late at night, anyway? If you read Christine McDonald's op-ed piece that ran in the Comical from three days ago, you can bet they were not there to hold hands in a circle and sing "Kumbaya."

14 posted on 08/23/2002 11:00:46 PM PDT by Houmatt
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To: niki
What in the hell were the police thinking??

15 posted on 08/23/2002 11:08:54 PM PDT by Mo1
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To: Houmatt
And just what does "The Right to peaceably assemble" mean to you? You atuomatically assume that just because there was a large number of young people together, they must be up to no good? What about the patrons of the restaurant? What law did they break? Houmatt's curfew? Who died and left you in charge, anyway?
16 posted on 08/23/2002 11:10:23 PM PDT by nobdysfool
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To: Houmatt
Have you read all the articles from the links in #3?
17 posted on 08/23/2002 11:11:45 PM PDT by niki
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To: niki
Thanks!
18 posted on 08/23/2002 11:32:28 PM PDT by freebilly
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To: Houmatt
I agree with your assessment, Houmatt. I too am a Houstonian and unless one has encountered a large group of out-of-control teenagers at night -- you just can't understand the threat.

I belong to a fellowship which maintains a fellowship hall; a couple of years ago, our parking lot was singled out to be the popular "hot-spot" where teenagers gathered late-night to drink and socialize on Friday and Saturday nights. It got so out of hand, that our janitor was afraid and refused to "drive through" the crowd. On more than one occasion, bottles were thrown at his van.

What you folks don't seem to understand is how destructive and dangerous large unruly groups of young people can be.

I remember in years past when the Police Department looked the other way when the Montrose Area was being used in the same way -- as an all-night gathering place, at first by only young people, but it turned into a freak show. It was very difficult for the citizens of that area and for the Police to finally put a stop to the Montrose circus.

In my opinion, this raid on the K-Mart parking lot was a wise move and nipped this in the bud before people and property were hurt. Instead of giving the Police a bad time, we should be thanking them.

You are welcome to blast me for this opinion, but unless you've experienced teenage crowds out of control, you won't understand.

19 posted on 08/24/2002 6:51:58 AM PDT by i_dont_chat
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To: niki
Yes I have read all the links. As I have already indicated, I live in the Houston area. So of course I read the Comical (albeit on the web most times).
20 posted on 08/24/2002 8:11:28 AM PDT by Houmatt
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