Sunday, November 16, 2003

This is insane, but true. It was just announced that Miami just got permission from the Florida governor to suspend its citizen’s rights to a speedy trial. Isn’t the right to fair and speedy trial our right in the constitution? What this means is that if someone gets arrested for protesting or demonstrating here for the FTAA meetings, and surely thousands will, they will not necessarily have the normal constitutional right to see a judge a few hours afterwards in order to get bail set so they can get out of jail. So people could conceivably be put in jail and spend weeks there without even seeing a judge. Its twisted, immoral, extremely reprehensible, unconstitutional. It could be devastating to many people during these holidays. And they're doing it who knows why? maybe to be cruel> or to try to dissuade other people from our sovereign right to peacefully protest and demonstrate and speak up... check it:

“Dear Colleagues, Friends and fellow Americans,
Since 1997 I have been to more protests, held at more American cities than any other American.  Not only have I been there, but also I wrote the book to prove it.  No where, I repeat, no where, has there been such extreme and inflammatory rhetoric and actions initiated by government, civic leaders and by the police in advance of a major protest in any American city that I visited.

The level of fear and alarm within this community is astounding.  Government offices and schools miles from downtown are being closed with references to demonstrations and riots being cited for these closures.  Radio stations are broadcasting calls for people to salute and support the police because "bad people" are coming to Miami.  Government leaders are saying one thing to the Latin community, and another thing to the Anglo community.  Public pronouncements of not harassing protesters have been circumvented by actual actions by police. 

The latest and most alarming indication that public officials in Miami-Dade County, and now the State of Florida have either completely lost all references to reality, or that perhaps all of this is being used by individuals intent on seeing how far American civil liberties can be eroded through manipulation and orchestrated fear mongering is the decision to suspend the right to speedy trials and court hearing in Miami-Dade County. 

This decision does not only suspend these basic constitutional rights for the week of the expected protests, but suspends these rights for the last half of the month of November, since the 26th is the day before Thanksgiving, and the courts will not open again until December 1st.

Below is the AP story announcing this suspension of this decision.  For those of you who live in other cities, do not think that because this is Miami, that this could not happen in your city.  If it succeeds here, it can happen in your city too.

I have no action plans or ready solution to offer you, but I feel compelled to at least speak out about these issues and abuses.  This is both a sad and scary time for Miami, and even though I am a photo journalist who will be out in the streets next week, I have great concern about what next week will bring.
While I believe the claims that the overwhelming majority of individuals who will be protesting will do so in a peaceful manner - as evidenced by the history of these kinds of protests within this country (outside of this country far different social and political forces have driven the violence in place like Genoa, Italy.) there are individuals who will, as they have before, seek opportunities to engage in confrontations.  At the same time, this is a police force which has in the past demonstrated a lack of control under far less provocation.

I also see no restraint from any quarter which would act as a brake to the possibility that the police, like in Los Angeles during the 2000 Democratic Convention, engaging in one defining act of violence against the protesters if they felt that by doing so they could pacify the protesters for the remainder of the week,

I do not hope that that happens, but at this point I can not rule out that speculation.

In any event, I believe that everyone should be aware of this decision by the Florida State Supreme Court and consider the implications of what this decision means, not only to us in Miami, but to folks all over America.

Al Crespo

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TALLAHASSEE -- The Florida Supreme Court's chief justice ordered Thursday that guarantees for speedy trials and court hearings will be suspended temporarily in Miami-Dade County because of next week's free trade meetings.
The decision applies to criminal and juvenile proceedings from Monday to Nov. 26, Chief Justice Harry Anstead said in an administrative order. It also affects domestic violence cases for the same period, and foreclosure and Baker Act hearings from Monday to Nov. 21.
"The speedy trial rule requires that criminal defendants be brought before courts in a specific period of time," Supreme Court spokesman Craig Waters said.
Anstead approved the request from Miami-Dade Chief Circuit Judge Joseph Farina, who asked for the precautionary move because of the estimated 20,000 or more protesters expected to fill downtown Miami for the Free Trade Area of the Americas meetings. The meetings run from Sunday to Nov. 21.
Waters said suspensions have "happened in the past, typically with natural disasters such as hurricanes or wildfires."
Many state courts had already decided to curtail operations during the meetings because of the threat of violent protests. (AP)
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WWW.CENTERLANEPRESS.COM

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