Tuesday, November 25, 2003

Miami judges are part of the police state

Like we would have expected something better.

A University of Massachusetts freshman who says he suffered a severe head injury at the hands of police when they arrested him during FTAA protests last week remained at Jackson Memorial Hospital on Sunday.

...Edward Owaki, 19, originally charged with disorderly conduct, said that during his time in custody he received minimal medical treatment for his head wound -- despite his complaints of dizziness and vomiting spells.

He described his arrest on Biscayne Boulevard in downtown Miami during the first major clashes between police and demonstrators Thursday morning. As the protesters stood their ground, riot-geared police with shields pushed them back. He said he was linking arms with other demonstrators when police broke the human chain.

"I got pinned to the street for a few minutes. By the time I realized what was going on, I had my arms in plastic cuffs behind me," said Owaki, who is five feet six and weighs 130 pounds.

...After spending the night in jail, Owaki was one of more than 100 defendants who appeared for misdemeanor bond hearings Friday before Judge Ivan Hernandez.

Miami-Dade Assistant Public Defender Hugh Keough was outraged over the lack of medical attention Owaki was receiving in jail -- and told the judge so.

"He is constantly fading in and out of consciousness, your honor," Keough said. "He needs access to medical attention."

The prosecutors offered Owaki a plea deal of five days' probation, a special order forbidding him to return to the area surrounding the FTAA talks and the withholding of adjudication, which would keep the charge off his record.

His bond was set at $500.

"If he takes this plea, your honor, it's because he needs medical treatment," said Keough, who brushed Owaki's hair to the side in order to show the judge a contusion on his forehead. "The access to medical treatment in the jail is inadequate."

That made Hernandez take the plea deal off the table. The judge said he would not accept the plea arrangement because Owaki was not in his right mind and therefore could not make an informed decision, thus barring him from being released without posting bond....

"I'm concerned with the safety of this community," Hernandez said. "You just told me he was incapacitated. I will not accept the plea."

Despite that exchange, Owaki did not receive additional medical attention until after his friends bailed him out of jail at 8:15 p.m. Friday, according to Hall, the jail spokeswoman. The charge against him was reduced to failure to obey an officer.

He headed back to a protesters' gathering place in Allapattah. A medic at the protesters convergence center examined Owaki and realized something was wrong and sent him to the hospital.
  article

Welcome to justice in the land of free speech.

unfreakingbelievable


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