Published on Thursday, September 2, 2004 by the Associated Press Samuel Maull
A Manhattan judge on Thursday ordered the immediate release of nearly 500 anti-GOP protesters, including some who had spent almost three days in jail after their arrests at demonstrations against President Bush.
 Lauren Ross, center, is comforted by her friend Lisa Fithian, both from Austin, Texas, after their release from central booking in New York, Thursday Sept. 2, 2004. Both say they were arrested Tuesday during an anti-President Bush protest. Ross says she was concerned for another friend who was still 'being held while her daughter is in labor and about to have a child back in Austin.' A Manhattan judge on Thursday ordered the immediate release of nearly 500 anti-GOP protesters, including some who had spent almost three days in jail after their arrests at demonstrations against President Bush. (AP Photo/Bebeto Matthews) |
Cataldo then ordered the release of 470 detainees who had been in custody for anywhere from 36 to 66 hours. The decision was immediately hailed by attorneys for the demonstrators.
"They have to release them right now," said veteran civil rights attorney Norman Siegel. "The judge, to his credit, said, `Enough."'
Cataldo had ordered city officials to release 560 jailed protesters by 5 p.m. But when it became clear the city couldn't meet his deadline, the judge issued his blanket call for release. Earlier, Legal Aid attorney Irwin Shaw had told the judge that most of the protesters were held for minor offenses such as disorderly conduct. In contrast, he said, shoplifters and other petty criminals arrested on Wednesday night had already been released.
About 40 to 50 protesters gathered in a park across the street from the courthouse. They cheered and applauded as a few detainees walked out.
"There is no reason this process had to take this long," said Siegel, who represented the mother of a 17-year-old arrested Tuesday.
Siegel charged that the city was holding the suspects to prevent them from participating in other demonstrations.
According to Siegel, the teen's mother called Manhattan central booking to inquire about her son and was told that "all demonstrators would be held until President Bush left town." Bush was to make his acceptance speech Thursday night at the Republican National Convention.
Police spokesman Paul Browne said the statement about holding protesters was false and was part of a "deliberate misinformation campaign."
The judge's ruling came in response to a filing made by the National Lawyers Guild and the Legal Aid Society. David Rankin, who works with the guild, said they believe there may be another 700 protesters jailed but not identified by the city in their paperwork.
City officials said there was nothing nefarious about the delays, instead blaming the sheer volume of arrests. On a typical day, there are 300 arraignments in Manhattan criminal court, said city Corporation Counsel Michael Cardozo. On Tuesday, there were 1,200 arrests in just four hours, he said.
Once arrested, detainees are supposed to be through the system within 24 hours. Cardozo said the system was overwhelmed by the influx of arrested demonstrators.
But Cataldo was unmoved, ordering the city to step up its process and get everybody in place for arraignment by 5 p.m. He rejected a motion by Cardozo to seek a delay in the implementation of his order.
When Cardozo told the judge there might be cases where exceptional circumstances prevented detainees from getting release, Cataldo shot back, "They would indeed have to be exceptional circumstances."
