Pixiq

Sounds like you have some valid points for an appeal. I take it that your trial was in County Court?

Sounds like the judge considered factors in his sentence that were not presented to the jury. A big no no.

Also appears as you noted that there is an inconsistent verdict between the 1st and last count.

I’m sure your lawyer will move for a new trial and for a judgment of acquittal on the last count. If the judge denies it, appeal his ass.

I may not agree with you politically, but I’m with you on this as a fellow photographer. Also as a civil rights lawyer, your case sickens me. Should have never been brought. Total waste of taxpayer money.

Good luck dude.

Did he actualy cite your blog as the reason he gave you a years probation instead of the lesser three months? *raises eyebrow* Interesting.

I don’t think there is any such thing as an unlawful arrest. The police can haul you into jail and hold you for a day for no reason at all.

At least this part is over. That’s gotta feel like a weight has been lifted if only a little.

“At least this part is over. That’s gotta feel like a weight has been lifted if only a little.”

I agree. Maybe you should ask your lawyer before posting anymore about this case and especially your feelings towards the judge. I would hate for you to lose an appeal due to prejudice by anyone reading your blog (much as I love to read it). Take care of yourself. It’s a new day and you are not in jail. Relax and regroup.

FerfeLaBat, you’re wrong. You need probable cause.

Calabaza, if the judge is basing his decision on what Carlos writes here, then he has grounds to disqualify him.

Absolutely. Sounds like the judge was trying to teach you a lesson beyond the merits of the case. HE himslef said the blog was off-limits when the prosecutor tried to introduce it, right?

An appeal is a costly proposition though. This is why is a legal system and not a justice system.

I thought the remarks of the judge we inappropriate. As Carlos mentions, what he was guilty of is a minor traffic offense of debatable validity given the state of the road on the night in question. It is obvious from the evidence that cops simply did not like their picture being taken and when Carlos did not comply with an unlawful order to “keep it moving” they got on their cop’s high horse and were going to “teach him a lesson”. I remember hearing the last cop testify and saying something like “that’s when I decided he was going to jail.” Because he doesn’t determine whether Carlos broke the law, he determines whether or not Carlos goes to jail.

It was weak. The whole line by the judge about Arlington was weak and made me cringe and I’m a patriotic American.

It seems to me that the judge bought into the state’s argument that Carlos did this to make himself famous. It never occurred to him that perhaps, perhaps when an injustice is committed against you by government authority that you might want to use every means at your disposal to tell people about it.

Honestly, what I saw in the two courtrooms that I was an observer at could not be more contrasting. Judge Tinkler Mendez seemed to be in more control of her emotions, etc. This judge, judge Fernandez seemed guilty of what jurors are asked not to be which is guided by their own bias. His remarks at the end prove that he was looking at Carlos’ demeanor at the counsel’s table more than at the evidence (or lack of evidence) in the case.

Ugh, it sounds like the judge decided you were guilty of not being deferential enough to him on top of not being respectful enough to the cops.

What a sad example of the American Justice system. How can you be found not guilty of the charges warranting arrest, but guilty of resisting? If the arrest was unwarranted, you were in your rights to resist.

Carlos,
It seems like such injustice to have a judge display contempt. I’ve never understood how that works. Glad you weren’t found guilty on the first two, shame about the third, though.

Carlos, take a moment and read this pdf.
http://www.5dca.org/Opinions/Opin2003/091503/5D02-2587.op.pdf
I hope you fight this!

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Wow, that’s absurd. Can you get a transcript of the proceedings. I would love to read what the judge said in full.

I’m sure we could create enough buzz to at least give the prick a little bit of a publicity headache.

They hate us for our freedom!
Carry on!

“He accused me of getting arrested on purpose for the sole purpose of launching a blog and becoming a “hero”. He then reminded me that the real heroes are buried in Arlington who fought for my freedoms and suggested that I pay a visit to the cemetery.”

Hah, the judge seriously said that? Proof positive of Doc Johnson’s maxim: “Patriotism is the last refuge of a scoundrel.”

*Scott sighs*
On this matter I am also conflicted. Resisting arrest is a crime weather you like it or not. And yes it is legal to be tried for resisting arrest EVEN IF it was unlawful. How would it have turned out differently if you had just followed the cops instructions instead of escalating the event?
BUT even if you did commit the crime of resisting arrest, The judges behavior is absolutely outrageous. He should be tried for contempt of court since he obviously dosn’t know or care enough about the law and took his own feeling into effect to give you an entirely illegal ruling. By itself it is nearly grounds for mistrial and possibly even disbarment. I suggest contacting the state Bar Association to look into it. They are generally good people.
Last note:
I am not taking sides in this entire matter. I think it would have worked out better if everyone had handled things differently.

Carlos Miller, y0u are a pathetic human being who has nothing better to do than to cause the police to divert their attention from what they are doing and deal with a person that needs to get a life. They have better things to do than deal with pathetic people, yourself, who believe they have something to prove or say that frankly nobody really gives a crap about. Keep on disobeying the police officers and causing hostile situations and you will get arrested again and again. You are a person that needs to get a real job and stop playing around with a little camera. Fight for real injustice and not for situation created by yourself to try and prove a point. You are,once again, PATHETIC.

Wow, ummm ok, Fred I say this with all due deference but who is the one being hostile now? Look I’m not saying what he did was right or polite or anything, but in my view it seemed was the police who escalated the situation. There is no law, contrary to popular belief against disobeying officer’s if there is no danger to anybody. Also contrary to popular belief, the police officers do not know absolutely everything and are not always warriors of good. I’m not impugning the general police force, they are great people generally but there are always a few bad apples. Anyway last word to you Fred, He does have a real job I suspect or else he would not be able to pay for that rather expensive camera equipment, or indeed keep this site up.

[...] Posted in September 25th, 2008 by admin in Florida News No Tags Amid news of Carlos Miller being found guilty of resisting arrest in his police-photographing case, we have this: Artist Momoko Sudo harassed and [...]

Its sad to see the judge use the dead to “make an example” out of, honestly he should have his position removed as a judge and probably someone more respectful of the laws to be placed at the stand.

Morons and idiots are taking power. Watch as the world drowns in misery.

But anyways I’m planning on saturday to head down town to SLC and take some pictures, I want to get some pictures of the construction thats taking place. (Mormom Church *the orginization* bought half of main street and converting it to there pleasure* and I want some pictures of it)

[...] According to Fox News, Shia was charged with “assault on a police officer” as well as disorderly conduct and failure to obey a police officer, the latter two charges of which I was acquitted in June. [...]

Wow! Well, he’s obviously an inexperienced judge, but a complaint to the State Bar Association (disbarment proceeding?) and whatever your attorney can think of seems in order. ON APPEAL, this would definitely be thrown out.

I think that you are a pompous ass who probably got what he deserved.

Bill, good find

Fred, your right about one thing. Police do have better things to do. Messing with law abiding citizens taking pictures of them isn”t one of them. Who is pathetic ,why that would be YOU! You’ve got to be a cop. Why else make a statement like that on this page. There is something out there that governs all of our actions and they are called laws. Fred, laws are for everyone. That includes COPS! If anyone out there, including a jackass like you, wants to go around taking pictures of things including cops at work or in some cases play, THEY HAVE A LEGAL RIGHT TO DO SO. There is no law against it.

Good For You! Keep up the good Fight!!! Don’t ever give up!

Man, there are a lot of bitchy people on here.

I hope you win man. Then maybe all those people can shut the hell up with their “I hate liberals!!” and
“Martial Law is coming!!” bullshit. You know, maybe if you all just chilled out and got off you’re soapboxes, we might be able to get something done.

Good luck Carlos.

Why aren’t you appealing?

FTJ,

I am appealing.

http://carlosmiller.com/2009/03/30/the-moment-of-judgment-has-arrived/

To have freedom one must pay for it and you are paying the price of that freedom, with fees lawyers.court cost and your time. At lest your blog makes a few bucks.
So just a reminder to all we are all free until we break a law or we are charged wrongly, to gain our freedom of the court we either pay or fight and pay but either way we pay.
So did you gain your freedom or did you fight for your freedom and pay and are still not free?
You are still under court order, so was it worth the price, you could have gained the same accomplishment or better had you told the judge you were sorry, paid a small fine and freedom would be yours and all the time you fucked, because you know were not sorry one dam bit.
Of course your blog would have been boring and failed because there would not have been a story to tell, so either this blog is make enough money to be worth it or you just like to make blogs for the hell of it.

Incredible – like a quote from the American Drug War documentary…’Are you really living in a free country?’…a judge should be impartial…including his own stupid, insecure feelings that have to be displayed in the obvious obstruction of justice for you the photographer. Thanks court system. I had Paul Blart, mall cop, stop me and tell me I couldn’t take detailed architectural shots in an outdoor mall area!

There are two Freds here.

I’m not him.

@23

“Stupid, clueless DUmp monkeys. They’re all the same”

You should know. Your childish, garbage-looking site is a steaming heap of worthless monkey shit.

APPEAL, then file a complaint against the judge and prosecutor, and sue the cops for false arrest and imprisonment. Also file grand jury charges against the cops.

When cops tell me to erase my photos and video at public highway crash sites, I refuse by telling them that’s an illegal order.

My US military job was nuking US military bases in controlled demolitions, and targeting nukes at Western Europe, and I filed criminal charges against all my wife’s commanding officers in Iraq War #1. So that guilt trip wont work on me.

Carlos:

Keep on fighting brother. BS on the last guilty count…and of course that was decided by the judge and not the jury.

Good luck.

JJ

This is in reply to “NANCY”

Not sure what’s up with the “Republican” and “Conservative” attacks. I really think you’re confused as to just what a “Conservative” is.

I’m one and I’m most definitely a “thinker” rather than a “believer” rather than the other way around as you seem to think it is. I, and MANY other Conservatives, don’t blindly believe whatever we’re told by our government. No, we don’t think 9-11 was an inside job, but I for one don’t believe the “official line” on TWA flight 800. So where does that leave us?

As for Martial law, it was already declared in New Orleans after Katrina and the LIBERAL mayor ordered the peoples guns confiscated, in violation of the Constitution. When they come to MY home they will not violate my rights. THAT is what Conservatives are about.

I’m not sure about Martial law before the next election but I’m fairly certain a revolution is becoming closer and closer each day. No, not because of Obama, because our system was broken way before he was even a candidate. However, the situation has been exasperated since he’s been elected.

The housing melt down, the financial melt down, unemployment, and tax increases are all the fault of government. The Dems and Republicans are both to blame for neither party has apparently read the Constitution lately.

Speaking of the Dems and Republicans (as political parties) I think you’ll find a whole lot of conservatives that are most unhappy with the Republican party. Doesn’t mean we’re heading to the left to join the Dems, we’re unhappy because we want the Constitution, the Bill of Rights, and Freedom.

Carlos’ “problem” is one of his rights having been infringed by a police force which thinks they can make unlawful demands on citizens and arrest them if they don’t blindly comply. Our mass media, unfortunately, reinforces this in the minds of the public with the way it reports.

How many times have you seen a story where the police, having asked someone for something they have no legal right to, tell the media and the headline is “suspect not cooperating with the police”? When the police ask “do you mind”, your answer must be YES I MIND. If my wife were missing and they wanted to come into my home and search it for “anything that might give us a clue” I’m going to tell them NO. And the next headline will be that I’m uncooperative (and implying that I must be guilty), starting the crucification in the media, to help the governments case by building me into a monster for simply requiring them to respect my RIGHTS. You see, the thing is, if they had any evidence, any shred of legally viable information, they would have a search warrant.

That’s not the same as Carlos’ case but the parallells are there. The “system” has erroded our rights and most of us don’t even realize it.

Remember Richard Jewel from the Atlanta Olympics bombing? How about Democratic Congressman Gary Condit who was hounded and convicted in the press for the Chandra Levy disappearance (her true killer was recently caught)?

It’s a narrow ledge, the one which separates the “free” press from being a check against the government or being it’s “henchman”. Sometimes there’s a deep fog surrounding that ledge. We must exercise extreme caution when we’re on it. I put “free” in quotes because just how free can the press be if they must obtain permission from the government to operate? Ever consider that? As a Conservative, I don’t think they should need permission to exercise a RIGHT, just as I also believe that I shouldn’t need permission of the government to buy, keep, or carry a firearm because the Constitution gives me that RIGHT and you don’t need permission to exercise a RIGHT.

So, Nancy, it’s not a Conservative or Republican “nazi” problem. It’s a problem of individuals and politicians who are willing to sacrifice some liberty in the name of some greater good.

[...] Miami photographer Carlos Miller was found guilty of resisting arrest in a drawn-out legal battle over taking photos on a public street, but what is astonishing in this case is how the judge reacted. Even though the prosecutor asked for only three months probation and court costs, Judge Jose L. Fernandez slapped Miller with a year probation, court costs, 100 hours of community service, and anger management class. In court the judge told Miller he was appalled by Miller’s non-remorse (for taking pictures in public?), body language during trial and chit-chat with his relatives. The jury found Miller innocent of disobeying an officer and disorderly conduct, but guilty of resisting arrest, according to Miller’s blog. [...]

America and justice are two words that have not fit together for a very long time. The Wild West is back, and the bad guys are running the show.

[...] reduced to battery and was sentenced to a year probation – the same sentence I received after my resisting arrest without violence conviction last [...]

Charlie Crist just removed Scott Rothstein from the 4th circuit judicial nominating committee.

And so, I must ask, why do SoFla judges seem to be . . . smokin’ pot in public parks, gettin’ found in their bras in hotel hallways and, even worse, just kinda dumb?

[...] did not stop him from offering his help as soon as I posted my verdict online. In fact, he was the first to comment in the post that ended up generating 124 comments, which at the time, was the most comments [...]

[...] my 2008 trial, a Miami jury determined that I had resisted arrest without violence even though they had also [...]

[...] e false partenze, finalmente è arrivato il processo.  Dopo 2 giorni la giuria mi ha dichiarato non colpevole di disobbedienza a pubblico ufficiale e di violazione dell’ ordine pubblico, ma mi ha riconosciuto [...]

[...] in public places.   And be careful when you consider blogging about your First Amendment rights, especially when arrogant  judges get wind of it. Related posts:What can you do when the police dig through your garbage without your [...]

Fuck this guy Fernandez. He is fit to be removed from the bench. His utter and unabashed contempt for justice is appalling.

I rise in contempt of this fraud in the name of Justice.

PHOTOGRAPHY IS NOT A CRIME!

David Roknich
Galesburg, Illinois
David Roknich´s last blog ..Who are the American Poets?

Oh, God I hope it’s over…please?

Quite frankly I’m appalled at all the support that “photojournalist” Carlos Miller has received from some quarters of the journalism community here in South Fla.

Even a casual reading of the facts surrounding the case shows that you were way out of bounds.

Your arrogant, crass, thug-like behavior crops up at every turn. One only need to read your blog to see that.

You can’t seem to cover anything without getting into a potentially violent confrontation.

You seems to think that answer to any situation is to fire off your Canons at 10 frames per second as if that gives you immunity from being an asshole.

I use the word “photojournalist” in quotes bcause as far as I can tell you operate on the fringes and really haven’t done anything other than write for a few local websites.

Your obsession with this case is almost comical and borders on psychopathic.

After all we’re talking about an arrest for standing in the street blocking traffic; it’s not exactly the Pentagon Papers is it?

There wasn’t anything happening on that street that night that was worth going to jail for.

And using an expletive to describe a judge is not exactly professional behavior is it Carlos?

Do you always have to have the last fucking word. Leave it alone. Remember, you’re still on probation.

You are a cockroach and boil on the ass of journalism in Miami and the sooner that responsible journalists in Miami disown you and repudiate your actions the better.

Hank, all I can say is if you don’t like the Constitution or people who choose to invoke their rights, then move.
I don’t know why but I have a feeling that your job is somehow related to law enforcment, or maybe a mall security gaurd. No I got it, when you were in High School you were the Hall Monitor, and everyone would make fun of you, and no one would listen or take you seriously. Well, your not in High School anymore. This is the real world, and as an American citizen we all have the same RIGHTS, and it makes me proud to know that there are people out there demanding their rights against power hungry cops who think their spoken word is law.

Hank,
It is interesting to me how you find it so easy to accuse Mr. Miller of being unprofessional.
Does the irony of the fact that you use the most immature and repugnant words to state this escape you?
Is this a pathetic stab at humor.
Sir, it would obviously appear (by your own words might I add) that it is actually YOU who are lacking in professionalism. I would also be willing to bet that somewhere there is a special interest of yours that is served by your words against a man who is fighting a good fight.
To put it in words you no doubt understand “Sit down and shut the hell up you big doody head”
Cheers,
Eric

[...] "You are a cockroach and boil on the ass of journalism in Miami and the sooner that responsible journalists in Miami disown you and repudiate your actions the better." "Hank" [...]

Mike,

The only other charge that he was found guilty of the obstructing a public highway charge (by the judge).

My question then is, is obstructing a public highway an arrestable (is that a word?) offense. My understanding is that it’s a worthy of a citation like jay walking. If it’s not an arrestable offense and he is not guilty of disobeying an officer or disorderly conduct then the arrest was unlawful and Carlos was within his rights to non-violently resist.

what part of the JURY finding you guilty confused you? I bet you even requested to interview each of the jurors after the verdict. Get over yourself. The rest of the world already has.