Police may have shown some restraint during several
days of increasingly confrontational protests at the Republican
National Convention, but the birthplace of American democracy has
been looking increasingly authoritarian and hostile to the Bill
of Rights.
At the urging of both Police Chief John Timoney and
newly elected Mayor John Street, a former black activist turned
establishment pol, city prosecutors sought and obtained bail as
high as $1 million for people who they claimed were protest leaders,
though the charges were mostly misdemeanors, not felonies. Timoney
has been calling for federal prosecutors to file federal racketeering
charges against the leaders of groups like the Ruckus Society, on
the grounds that they were allegedly engaged in an interstate conspiracy
to cause disruption and criminal mischief.
But if there was any interstate conspiracy, activists
say it was among officials trying to prevent protesters in Philadelphia
from getting to Los Angeles in time for the Democratic Convention
two weeks later. Indeed, there appeared to be a deliberate slowing
of the arraignment process in Philadelphia, leaving several hundred
arrested protesters to languish in city jails and police lock-ups
until well past the end of the Republican Convention and right into
the start of the Democratic gathering.
Official conspiracy or not, the police strategy during
the protests was clearly to go after the protest leaders, who were
reportedly followed by undercover officers and grabbed off the street
when they talked on cellular phones, which were then declared devices
of a criminal conspiracy. In a particularly egregious example, on
August 1 police arrested 70 people at a warehouse where protest
puppets were being made. At the time, police claimed they had received
reports of weapons being stored at the site; but despite a thorough
search of the building, none were found. The arrests went ahead
anyway, along with the destruction and confiscation of the puppets.
A team of activist lawyers called the R2K network,
which includes members of the Philadelphia chapter of the National
Lawyers Guild, has been representing many of those arrested. In
a statement, the guild said: "The response of the city and courts
of Philadelphia to protests seems a blatant attempt to silence dissent
and seriously curtail First, Fifth and Eighth Amendment rights."
While dozens of arrested demonstrators have deliberately
made trouble in jail by refusing to provide their names and addresses
(and in some cases have removed all of their clothes to make identification
from surveillance photos more difficult), released prisoners have
also charged that police and jailers have brutalized some prisoners
and denied others access to lawyers. "I saw one man hog-tied and
dragged down the cell block," says Dan Murphy, 26, who spent seven
days in jail after being arrested on August 1 and charged with obstruction
of traffic and disorderly conduct. "I also saw a hunger striker
who passed out and was twitching on the floor, and they left him
without treatment for and hour and a half. Then he was just given
smelling salts. I also saw a lot of people with injuries - black
eyes, cuts, welts."
By August 7, a week after arrests began, some judges
were reducing the high bail against protest leaders to more reasonable
levels. After prosecutors conceded that Terrence McGuckin, a Philadelphia
community organizer who police had claimed was a leader of the protest
actions, was not facing any charges for violent actions, a judge
reduced his bail from $500,000 to $100,000, allowing him to get
out of jail with the posting of a $10,000 bond.
By August 14, all those arrested during the convention
protests reportedly had been arraigned, and most already had been
released on bail. The 20 people who remained in jail - all hard-core
activists who had refused to divulge their names - were finally
released on August 17. In a remarkable show of solidarity, so far
none of the hundreds of arrested protesters has copped a guilty
plea and accepted a fine. "Everyone so far plans to go to trial
and to demand a trial by jury," says Cris Hermes of R2K. "That should
sure tie up the court system."
The harsh actions of police and prosecutors has led
to some discord in the progressive legal community, with some R2K
lawyers criticizing the Philadelphia chapter of the American Civil
Liberties Union. ACLU legal director Stefan Pressler was initially
outspoken in his praise of the police for their handling of the
protests, saying as late as August 7 that they had shown "enormous
restraint" and "smart tactics" and arguing that reports of jail
abuses were "highly unlikely."
But by the end of the week following the convention,
after mounting evidence of jailhouse abuses, the ACLU joined the
Lawyers Guild and the R2K legal collective to prepare to file lawsuits
against the city. Plans are to bring charges for civil rights violations
in the arrest of the puppet makers, police brutality during the
arrest and detention of demonstrators, and harassment for the arrest
of clearly identified medics.
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