Posted on 09/02/2004 2:18:39 PM PDT by max_rpf
Edited on 09/02/2004 4:26:19 PM PDT by Admin Moderator. [history]
NEW YORK (AP) A judge ordered the immediate release of nearly 500 protesters just hours before President Bush was to speak Thursday night at the Republican National Convention, then fined the city for refusing to comply with his order.
"These people have already been the victims of a process," state Supreme Court Justice John Cataldo told the city's top lawyer. "I can no longer accept your statement that you are trying to comply."
The detainees had been in custody for anywhere from 36 to 66 hours. The decision was immediately hailed by attorneys for the demonstrators.
"They have to release them right now," said veteran civil rights attorney Norman Siegel. "The judge, to his credit, said, `Enough.'"
At a later hearing, Cataldo determined the city failed to comply with his release order and imposed his sanctions. City Corporation Counsel Michael Cardozo tried in vain to convince the judge that the city was trying desperately to comply with his wishes.
"We can't just open the jails of the city of New York and let everybody out," Cardozo said. "We're not trying to flout your honor's order. ... We're doing everything humanly possible."
The city had blamed the sheer volume of detainees for the backlog in getting them released. More than 1,700 protesters have been arrested during the convention and the preceding few days nearly 1,200 of them on Tuesday during a long-planned day of mass civil disobedience.
The judge's order came less than six hours before Bush was to accept his party's nomination for a second term in a speech at Madison Square Garden. Police were expecting protests coinciding with the speech.
About 50 of the detainees had launched a hunger strike Thursday to protest their extended time behind bars while awaiting arraignment. They were turning down the sandwiches and milk served three times a day in central booking until everyone was freed.
On Thursday, New York commuters were greeted at Grand Central Station by about 100 demonstrators unfurling banners and releasing colorful balloons urging President Bush to do more in the fight against AIDS. There were 26 arrests.
United for Peace and Justice, the group that sponsored the huge pre-convention rally Sunday that drew more than 120,000 people and possibly many thousands more to Manhattan, planned an evening rally at Union Square. Sunday's protest was the largest ever at a U.S. political convention.
__
Associated Press writer Samuel Maull contributed to this report
Just in time for Bush's speech. Oy!
Oh great, the worst of the worst freed right before Bush goes on.
Didn't Saddam do the exact same thing?
yeaaaarrrgh!
It's almost over, so let's release the most despicable, disgusting, violent, and fanatic protesters to make sure the last night is a stain upon the First Amendment.
Just process them reeeeal slowly.
I say bring the judge down to the pier... Problem solved.
Didn't one of these idiots try to kill a police officer? Charge that one, and hold the others as material witnesses. Make it fly until tommorow at 3 am. Then let 'em walk home. Thru Central Park.
O'Reilly's gonna go NUTS over this. You know how he feels about corrupt judges.
Judge gave them an out
".....or brought to holding pens at arraignment courts by 5 p.m"
Bring them all over at the same time. That should delay them a tad. And then after they are ordered to be released, take them BACK to the holding cells for "final processing".
That should keep them tied up till around midnight or so.
After 36 hours in jail they'll only have food and sleep in mind.
7 days later the DA drops all charges.
For my part, I prefer the right to be confronted with the charges and defend against them.
I am trying to find out the details on the judge... He may be not all that bad (see below)... Looking for more info.
Here is an excerpt from an NYT article:
Something unusual happened in State Supreme Court in Manhattan in April, when more than a dozen antiwar protesters who had been convicted of disorderly conduct were to be sentenced
Prosecutors took the rare step of asking the court to unseal records of four of the protesters' prior arrests on civil disobedience charges that had been dismissed. The court granted the request.
According to the decision, by Justice John Cataldo, "It is well established that sentencing courts may take into consideration prior criminal conduct for which a defendant has never been tried or convicted, if, and only if, the information presented with regard to those crimes is demonstrated to be reliable and accurate."
-- Snip --
Protesters who think their prior arrests on minor violations have been sealed and dismissed might be in for a surprise. And, some defense lawyers say, protesters who get swept up in mass arrests and who would have accepted A.C.D.'s as a quick way to exit the criminal justice system might not, thinking that the charge might somehow be revived. With as many as 1,000 arrests expected a day, the result would be judicial gridlock.
--Snip--
http://www.nytimes.com/2004/08/19/nyregion/19arrest.html?ex=1094270400&en=8cdb5fed441c60da&ei=5070&pagewanted=all
Any background info on the Judge? Is he a Clinton appointee? I did a Google search but came up empty.
I sure hope they plan more mischief for prime time. Their antics don't play well in middle America and swing states.
**Bring them all over at the same time. That should delay them a tad. And then after they are ordered to be released, take them BACK to the holding cells for "final processing".
That should keep them tied up till around midnight or so.**
You have the best recommendation so far!
The American people will look at the protesters in all their weird and obnoxious glory and they'll look at Kerry and the two will be forever intertwined as representative of each other.
Whatever havoc they wreak will go against Kerry.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.