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Arrests at GOP Convention Are Criticized

Many in N.Y. Released Without Facing Charges

By Michael Powell and Michelle Garcia
Washington Post Staff Writers
Monday, September 20, 2004; Page A01

NEW YORK -- One late August evening, Alexander Pincus pedaled his bicycle to the Second Avenue Deli to buy matzo ball soup, a pastrami-on-rye and potato latkes for his sweetheart, who was sick with a cold.

He would not return for 28 hours. As Pincus and a friend left the deli, they inadvertently walked into a police blockade and sweep of bicycle-riding protesters two days before the Republican National Convention began. "I asked an officer how I could get home," Pincus recalled. "He said, 'Follow me,' and we went a few feet and cops grabbed us. They handcuffed us and made us kneel for an hour."

Alexander Pincus was arrested as he was leaving a deli.

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Police carted Pincus to a holding cell topped with razor wire and held him for 25 hours without access to a lawyer. The floor was a soup of oil and soot, he said, and the cell had so few portable toilets that some people relieved themselves in the corner. Pincus said a shoulder was dislocated as police pulled back his arms to handcuff him. "Cops kept saying to us, 'This is what you get for protesting,' " said Pincus, whose account of his arrest is supported in part by deli workers and a time-stamped food receipt.

Pincus was one of 1,821 people arrested in police sweeps before and during the Republican convention, the largest number of arrests associated with any American major-party convention. At the Democratic convention in Chicago in 1968, which unlike New York's was marked by widespread police brutality, cops made fewer than 700 arrests.

In the days after the convention, Mayor Michael R. Bloomberg and Police Commissioner Raymond Kelly stated that "every NYPD officer did a great job." But interviews with state court officials, City Council representatives, prosecutors, protesters and civil libertarians -- and a review of videos of demonstrations -- point to many problems with the police performance. Officers often sealed off streets with orange netting and used motor scooters and horses to sweep up hundreds of protesters at a time, including many who appear to have broken no laws. In two cases, police commanders appeared to allow marches to proceed, only to order many arrests minutes later.

Most of those arrested were held for more than two days without being arraigned, which a state Supreme Court judge ruled was a violation of legal guidelines. Defense attorneys predict a flood of civil lawsuits once protesters have settled the misdemeanor charges lodged against them.

"The overriding problem during the convention was the indiscriminate arrests . . . of people who did nothing wrong," Donna Lieberman, executive director of the New York Civil Liberties Union, said at a City Council hearing last week. "They were arrested because they were . . . participating in a lawful demonstration."

Police officials declined to talk about these problems last week, citing a pending court case. But the city's criminal justice coordinator, John Feinblatt, said in an interview that city lawyers tried to weed out the unjustly arrested and that the volume of arrests -- more than 1,100 on one day -- overwhelmed the police department. More broadly, Bloomberg and Kelly defended the vast majority of the arrests as justified and described holding cells as clean and humane.

Bloomberg, in interviews during convention week, said that protesters expected prisons to look like "Club Med." Kelly said police encountered other delays as they tried to find separate cells for a large number of female detainees.

The first mass arrests came three days before the Aug. 30 to Sept. 2 convention, when police swooped down on Critical Mass, a loosely knit collective of bicyclists who periodically flood city streets and slow traffic. Police usually tolerate the disruption, but that night officers arrested more than 200. Kelly told New York magazine that he wanted to send protesters a message.

The next few days were quiet, and a quarter-million-strong march went forward Aug. 29 without incident.

But the mood changed Aug. 31, when police made 1,128 arrests. Anarchists had pledged a day of resistance, blocking traffic. Police arrested hundreds, and civil liberties lawyers on the scene described most arrests as lawful.

But farther downtown on the same day, the War Resisters League, a decades-old pacifist group, was readying a peaceful march from Ground Zero to Madison Square Garden, where it intended to conduct a civil disobedience "die in."

A video provided by the New York Civil Liberties Union shows police commanders laying out the ground rules: As long as protesters did not block traffic, they would not get arrested during the walk north. (No permit is required for a march on a sidewalk as long as protesters leave space for other pedestrians to pass.) Within a block or two, however, the video shows marchers lined up on the sidewalk, far from an intersection, as a police officer announces on a bullhorn: "You're under arrest."

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