by Debra Sweet
Noche Diaz appeared in Bronx Criminal Court today on a disorderly conduct charge from an arrest in March when the NYPD was trying to beat Jeffeth James. Noche, as is his right, stood and observed the police abuse, got arrested with two other observers, and has refused to take an ACD to make the arrest "go away."
So the prosecution once again wasn't ready. Fine with us -- we don't care if it ever goes to trial -- but Noche needs to have charges in four boroughs off his back. (He's on trial Wednesday December 5 in Brooklyn on another disorderly from a group protest against stop-and-frisk from November 2011).
We had yet another judge today, this time a retired Supreme Court judge whose role is to get pleas to violations. The room was filled with adult and middle aged people of color. Probably most of them were charged with "open container" or other so-called "Quality of life" issues like public urination, disorderly conduct or other things not considered misdemeanor crimes. They are violations and some can bring fifteen days in jail.
Legal Aid attorney Josh Norkin has been representing Noche at what seems like ten appearances so far. Noche and Josh went in front of the judge, who immediately started lecturing Noche that when a cop tells him something, he has to do it. She went on at length speculating that, whatever Noche had done, he didn't want to obey the cop, or tell the court what he was doing. Josh took her on in a loud clear voice. "We know exactly what was going on. The police were beating a man terribly in the street, and a crowd gathered. Noche was in the crowd, observing." The judge said Noche had to follow the police order to move. Josh said no, he didn't. "It wasn't a lawful order."
The judge didn't like this at all. "I suppose he wants to stand on his constitutional rights, but he doesn't have them here." She asked the DA if they would offer an ACD (adjournment in contemplation of dismissal). They did offer it. Josh told the court, "We will refuse an ACD".
Hell, yeah. The whole point of defending ourselves against these unjust arrests is to establish that people have the right to observe and document police abuse. Just because the NYPD arrests you while doing it, doesn't mean they're right. It's great to have attorneys on our side who see this, and who are just as outraged as we are.
This trial is now scheduled for Monday, January 28.
Noche Diaz appeared in Bronx Criminal Court today on a disorderly conduct charge from an arrest in March when the NYPD was trying to beat Jeffeth James. Noche, as is his right, stood and observed the police abuse, got arrested with two other observers, and has refused to take an ACD to make the arrest "go away."
So the prosecution once again wasn't ready. Fine with us -- we don't care if it ever goes to trial -- but Noche needs to have charges in four boroughs off his back. (He's on trial Wednesday December 5 in Brooklyn on another disorderly from a group protest against stop-and-frisk from November 2011).
We had yet another judge today, this time a retired Supreme Court judge whose role is to get pleas to violations. The room was filled with adult and middle aged people of color. Probably most of them were charged with "open container" or other so-called "Quality of life" issues like public urination, disorderly conduct or other things not considered misdemeanor crimes. They are violations and some can bring fifteen days in jail.
Legal Aid attorney Josh Norkin has been representing Noche at what seems like ten appearances so far. Noche and Josh went in front of the judge, who immediately started lecturing Noche that when a cop tells him something, he has to do it. She went on at length speculating that, whatever Noche had done, he didn't want to obey the cop, or tell the court what he was doing. Josh took her on in a loud clear voice. "We know exactly what was going on. The police were beating a man terribly in the street, and a crowd gathered. Noche was in the crowd, observing." The judge said Noche had to follow the police order to move. Josh said no, he didn't. "It wasn't a lawful order."
The judge didn't like this at all. "I suppose he wants to stand on his constitutional rights, but he doesn't have them here." She asked the DA if they would offer an ACD (adjournment in contemplation of dismissal). They did offer it. Josh told the court, "We will refuse an ACD".
Hell, yeah. The whole point of defending ourselves against these unjust arrests is to establish that people have the right to observe and document police abuse. Just because the NYPD arrests you while doing it, doesn't mean they're right. It's great to have attorneys on our side who see this, and who are just as outraged as we are.
This trial is now scheduled for Monday, January 28.
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