John Kerry Media from Fluxview News
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Free Media Arrested

FluxRostrum in Times Square A29-04

My experience in New York at the RNC has left me very unsure as to what is "acceptable" in our free society. I had no intention of doing anything "arrestable" while in NY. I fulfilled this intent and yet was arrested, twice. Both times while wearing my Independent Media Center Press Badge around my neck. Both times attempting to leave an area after video taping group arrests. Both times I was arrested while in the process of complying with the orders of the police.

#1 8/29/04 Times Square

On a tip that things were getting a little hairy in Times Square I arrived in time to stand around and video the aftermath of .... what was a possbly the most unwarranted mass arrests of the week. In Times Square many shoppers and tourists were sweep up in the Big Orange Cop Nets and arrested along with people who were on their way home from other protests and the few who were actually there to protest.

After the Mouse Bloc mass arrests and Kissing Bloc mass arrests were all said and done I started back to the subway and saw a crowd on one corner of the intersection and went over to see what was happening.  When I got to that corner of the sidewalk, they announced "Please clear the sidewalk anyone remaining on the sidewalk on this side of the street will be arrested.  Please cross to the other side of the street".  As I stepped onto the sidewalk on the other side of the street I heard "Please clear the sidewalk on THIS side of the street.  If you remain on the sidewalk you will be arrest-.... Ok you're arrested."

They started grabbing people closest to the corner immediately.

I had moved on through the crowd on the corner and had 3 or 4 people between me and those first grabbed.  I immediatly started backing down the sidewalk away from the corner.  I thought the video camera was recording... but it wasn't.  The situation got scary looking quickly and I decided to duck into the SWATCH watch store in order to clear the sidewalk because I didn't think continuing to walk AWAY was going to be good enough to keep me out of jail.  I entered the revolving door camera and arm first... I had not seen the Japanese Tourist Couple that were inside the revolving door and my arm and camera were now stuck inside the revolving door that would not move forward or back. 

If I had tried to yank the camera back through the door it would have been severely damaged.  I said "take it, take it".  They were understandably a little confused and frightened.. as was I.   I said "take it" several more times before the cop grabbed me and pulled me Out Of The Door to be arrested.  As I was being pulled backward out of the door I yelled "take it" and lobbed the camera and mono-pod into the air.

When they sat me down on the corner.  I crossed my legs pseudo lotus style and tried to remain calm. I held my Indymedia Press Card out in front of me to make a good Photo Op. I held my head high and politely waited to be cuffed.  A lot of pictures were being taken so a Cop grabbed the string and tried to rip the Press Pass off of my head with enough force to rip through the plastic card that I clutched tightly.  He said "quit resisting", I said "I'm not resisting, I'm keeping my Press Pass".

Then I was Cuffed.

While sitting on the sidewalk waiting to be stuffed in to the van; I had determined through winks an nods that the tourists had indeed caught the camera and left it with SWATCH employees; so when released, I returned to SWATCH where they cheered my release and gave me back the camera and mono-pod.  Before leaving the City I went back to the store again to leave a note requesting any witnesses to step forward.  Several days later I was informed by the SWATCH manager who accepted the note that the company would not allow the 2 employees who admitted witnessing the event to step forward voluntarily to be witnesses.

A fellow videographer friend with better credentials informed a White Shirt (ranking officer) that there was press arrested.  The White Shirt popped his head into the van they were hauling us off in and asked if anyone was press I told him I was credentialed through the Independent Media Center.  He said that was worthless.  Apparently he was right.  "Proper" (i.e. Corporate) credentials may have gotten me out of this one, but they're not worth selling my soul for.  I spoke to a few mainstream press during the week that had been brutalized and/or arrested ... but then quietly released. The unspoken "deal", I suppose, is that if they want to keep their "get out of jail free" card... they'll keep their mouth shut.

For this I received..
* 2 counts of Disorderly Conduct
1 count of Parading without a Permit

Here is what the Public Servant that arrested me claims I was doing.

"the defendant, with intent to cause public inconvenience, annoyance and alarm and recklessly creating a risk thereof, obstructed vehicular and pedestrian traffic; the defendant, with intent to cause public inconvenience, annoyance and alarm and recklessly creating a risk thereof, congregated in a public place with other persons and refused to comply with a lawful order of the police to disperse; and the defendant paraded in a procession, parade and race upon a street and in a public place without obtaining a written permit from the police commissioner.

The offenses were committed under the following circumstances:

Deponent states that deponent observed defendant intentionally cause public inconvenience, annoyance, and alarm by walking back and forth with over 50 other individuals on the sidewalk at the above location, thereby obstructing pedestrian traffic on the sidewalk and preventing people from entering the building directly in front of the large gathering. Deponent further states that defendant and other individuals were advised by the police that they were obstructing pedestrian traffic and should move off the sidewalk, and that the defendants then stood shoulder to shoulder in front of the location and still refused to leave the sidewalk.

Deponent states that deponent observed the defendant parading upon the sidewalk at the above location, a public place, with at least 50 other without a permit from the police commissioner."

~~~

#2 8/31/04 Financial District Bright an Early in the AM

Roughly 18 hours after being released ... While walking my bike down the sidewalk and carrying my camera out of the area of a group arrest that I had video taped, chatting with 2 new friends, both medics; one of them looked down an alley where they saw a large group of people, possibly another protest action.  The 3 of us stopped at Exchange & Wall St. and looked down the alley.

An Indy Videographer, with a bike and 2 medics.
We fit all 3 profiles for preemptive arrests @ the RNC.

Instantly, I heard a voice say "wa wa wa blah na dada" at least thats what I heard.  As I turned to the voice, I noticed that there was a large number of Cops around us, and the voice had come from one of them. I said something to the effect of "What?".  A Cop said "gotta keep moving with the bike, this is a sensitive area", I said "OK" and began to continue down the sidewalk.  I was terrified of the consequences of going back to jail and had every intention of complying with whatever order I was given because on the "inside" the cops repeatedly warned us that if we got arrested again this week we'd be in serious trouble.  A couple of steps later, a White Shirt Cop stepped in and grabbed my arm, I said "I'm moving Sir" and he said "No, your arrested."  I turned my head to the still free medics who were maybe 10 feet away and said "Go!" but before I could finish the word they too were grabbed and detained. All of this, mind you, might have taken as long as 15-20 seconds.

Our "Arresting Officer" arrived on the scene after we had ALL been cuffed, searched and our belongings bagged up.

Many times during the week I witnessed White Shirts telling the "regular" cops to arrest someone. There were often 3 levels of ignorance at work here.

1) The White Shirt's (Big Time Cop) were most often the "true" arresting officer; but they were too important to be taken off the streets for hours while they escorted their innocent victims thru the arrest process. (each arresting cop had to spend another 8-10 hours shuffling their arrestees through the system).

2) The cuffing cops. Blindly arresting people without having a clue what they've done.

3) The "official" arresting officer. The poor sap or inexperienced newbie that got to share the asbestos laden air of the Pier 57 Detention Center with the innocent victims. These cops, being twice removed from the decision to arrest, had absolutely no idea what the victims had done to be arrested.

It took 5 days for the numbness to leave 2 fingers on my left hand from the excessively tight plastic handcuffs.  I was further harassed by constant, blatant surveillance on the day of my release on this charge.

I have heard that someone saw them stuffing me into the paddy wagon on national TV.  I would love to see this if anyone has it taped.  I was explaining that they were arresting press.. for nothing... to several mainstream press folks who, as usual, didn't show up in time to get anything more than the perp walk.

For this I received..
* 2 charges of Disorderly Conduct.

I have no idea what they think was disorderly about my actions.

~~~

I no longer have a clue how to conduct myself in the presence of cops.
They order, I comply, I get arrested. Twice.
Gee, I feel so safe.

Here's what I was doing in New York.
Republican National Convention "Why Protest?" Video

Times Square A29 Video

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