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Indymedia Reporter as "Political Prisoner in NYC"
elections, news, wtf?, secrecy, chilling effectsLink: http://www.eddie.com/blog/archives/000012.html
You really do have to read this if you have an extra 15 minutes. It's the complete story of an Indymedia reporter who was detained at the RNC for 40 hours. Amazing. Here's some highlights:
Once the five of us are done and recuffed we are walked down a hall to the mug shot room. I'm uncuffed and told stand at a particular place. There's a bright light in my face and I barely see two cops seated in front of me. One is at a computer keyboard and another is watching a football game on TV. Moments later, I'm told to leave. There was no flash or obvious clicking of the shutter. Everything is digital and happens quickly.
Our chain gang of five is led into another cell area that looks like a visiting area. It's a long room sliced into thirds with small octagonal stools mounted to the floor. Under normal circumstances, I imagine the middle section is where visitors enter to talk with prisoners through the grate walls on either side. Currently, it's occupied by two chain gangs of girls. Women! I haven't see women in like 15 or 20 hours. I see Nadxi and Liz. My spirits lift. I realize how grateful I am to live in a world where I see women every day. Prison really is one big sausage party. No thanks. Don't need it.
[...]
We are now in the Tombs, a multistory complex where prisoners wait for trial. Welcome to the care of the Department of Corrections. The first thing I notice is an 8.5x11 color printout of a large W covered by a red NO symbol pinned up on the wall by near the corrections officers' desks. I can't tell if that's irony considering who most of the prisoners are or if the officers are also not down with Bush. When I hear a correction's officer approach from down the hall chanting 'FUCK BUSH, FUCK BUSH', I think I know the answer. Or is he just try to make nice with all of us? Considering that 81% of NYC residents are not down with the RNC in their town, I think it's pretty likely that what I'm hearing and seeing is genuine.
[...]
I chat with an activist who has had some experience getting arrested during direct actions over the years. He tells me that during the Mayor Dinkins and Koch years, things weren't so bad, you'd get out fairly quickly, usually under 12 hours. When Guliani took over things became much different. He tells me that you get busted for simple possession of pot and expect to spend 3 days in the Tombs before seeing a judge. Part of Guliani's 'quality of life' initiative and all that. We talk a bit about different pleas and that's when I learn about ACD, which stands for Adjournment for Contemplation of Dismissal. ACDs are common outcomes in civil disobedience cases or situations where the charge is simply a violation. If the district attorney offers an ACD and you accept it, there is no judgement of guilt, but you have to avoid being charged with the same violation for the next 6 months. If you are charged, they can reopen the initial case and try you. Mr. Activist Dude tells me it's very rare that happens. Most of the time the city doesn't want to bother opening old cases, just too much work. He tells me has gotten 5 ACDs over the years.
[...]
Word comes from Scott that some lawyers for the National Lawyer's Guild have petitioned the court for a writ of habeas corpus on our behalf and that a judge has signed it. This is supposed to mean that anyone held for over 24 hours will be released by 1am. That's ME!! FUCK YEAH! I'm elated as balls. It's just after midnight now and I'm packing my bags, mentally of course as I have nothing. Then the bad news hits. The fucking district attorney has stayed or is ignoring the writ. If this sticks that means we're back in limbo. We're told to call the NLG back at 1:30am to find out the status.
[...]
Someone has a list of RNC staffers cell phone numbers. To while away the time, someone decides it's time to put the free calling card to more creative use. There's talk of pranking and social engineering. I find the whole thing ironic as Emmanuel Goldstein, the master of social engineering, lies on the floor nearby trying to squeeze in an ounce of sleep amongst the noise and glare.
[...]
A bit later, an NLG lawyer steps in to cage calls out my name. Finally, I get to see a real flesh and blood lawyer. He shows me some court documents and that's when I find out I have three charges against me. Officer Shore had told me I was just being charged with Disorderly Conduct but it turns out there are two counts of Disorderly Conduct and one count of Parading Without a Permit. Three charges total. I recount my story to the lawyer and explain that I was on the sidewalk on the opposite side of the street from where the marching band and action were when the cops penned us in. I was simply taking pictures, not parading or blocking the traffic on the street or sidewalk. Totally false arrest. He asks if I want to fight it. I ask what my options are. He explains ACD to me and says that would be typical in a situation like this. I ask if taking the ACD would make me ineligible for any class action suit that may arise and he says no. As much as I would like to fight this bullshit charge, I really don't want to fly back to New York for another court date which could easily turn into multiple court dates and flights. He says I could also plea guilty and probably pay a $40 fine and be done with it. No way. I would rather fight it and find a flight back than let the police get away with that. He says he'll check with the DA and see if ACD will be offered to me.
[...]
I pull out the piece of paper that describes where to go to get my property back. It's a few blocks away. I walk over and notice a line of maybe 75 or 100 people waiting in the hot mid-day sun. I ask how long some people have been waiting, the consensus is it'll take about 2 hours to get my property back. I decide to leave and come back later in the evening when the line thins out.
I had forgotten about needing to visit the DA to get my camera released. I double back to the courthouse and shoot up to the 7th floor. I sign in at a desk and am told to wait in the elevator lobby. Within about 15 minutes a clean cut suit shows up and collects my completely illegible pink property form. He soon comes back with a letter on District Attorney letterhead stating that my camera is authorized for release. That turned out to be much easier than I expected.
[...]