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."
"Signaling the start of what may become a legal dogpile ..."
The tobacco lawyers need a new target. Houston just volunteered.
LOL!
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."
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.
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