Public Records Activists Squeezing Info From MDPD Regarding My Arrest

When it comes to obtaining public records, nobody does it better than Joel and Robert Chandler.

Based out of Central Florida, the Chandler brothers have proven to be a thorn in the side of government agencies that refuse to provide public records.

Joel, who has been mentioned in countless news articles for his work, runs Fog Watch. Robert runs Raw Dash Cam. They drove down to Miami for my Metrorail photo protest in 2010.

That is why I’m very fortunate to have them on my side demanding public records from the Miami-Dade Police Department regarding my arrest.

At first, Miami-Dade police brushed them off as they normally do to pesky citizens asking questions. Just take a look at the “arrest report” they provided the Chandlers.

But the Chandlers live for that type of response because it just gives them an excuse to sue the agencies. It didn’t have to get that far with Miami-Dade police because it quickly realized it was dealing with professionals. Email exchanges between Robert Chandler and Miami-Dade police are below.

So far, the Chandlers have obtained 78 minutes of video footage shot by police the night of my arrest, posted below, as well as Major Nancy Perez’s employee log, which highlights her disciplinary record.

Robert Chandler edited down a version that shows only my arrest, which is posted above. Even though it is clear I am not resisting, Perez tells me “we don’t want to have to hurt you” in a very condescending manner.

At 1:00:39 into the raw video, Perez can be seen pushing me from the sidewalk into the street as I was questioning why they were telling me I was not allowed to stand on the sidewalk.

I will be filing an internal affairs complaint against Perez, not that I think will do any good, but it will please me to blemish the almost four years she has gone without an internal affairs complaint against her.

But first I will face off with her in court as she tries to explain to a jury how she singled me out from the other reporters because I was not one of her embedded journalists who were given little police helmets to wear during the eviction (watch the last few minutes of the raw clip below).

The videographer from Telemundo who video recorded my arrest never responded to a message I sent him, so I will contact the news director and if we have to, we will file a subpoena to obtain that footage.

It is obvious after the Miami Herald piece on my arrest that the local mainstream media is not on my side.

But that just makes this whole debacle that much more challenging.

Now for the email exchange.

Mr. Loftus,

Some months back you had me communicate with Adreann White concerning public records request.  Please see the email thread below along with the attached file. Mrs. White claims that this document was responsive to my request for an "arrest report."  I am sure that in your many years of faithful service, you have seen countless arrest reports.  Would you agree that this is not one?  From my limited encounters with arrest reports, they seem to contain information such as the charge, statutes, arresting officer, etc.  This has none of those.  My experience with obtaining non-exempt public records from your agency is straining my patience and grace.  I have litigated on multiple occasions (and won every time) in order to obtain public records.  I am genuinely after these records, as well as more requests to follow, and would like to have a cooperative and collegial relationship with your agency.  I am confident that your legal counsel will tell you that even if you produced the requested arrest report today, I have still been denied access and can seek a judicial finding of fact (see Grapski v City of Alachua).  I am extending an olive branch, please reply immediately with the requested records.  Just so there is no more confusion, from now on I will make all requests directly to you.

Warmest Regards,                                                                                                       Robert Chandler

***

Good afternoon Mr. Chandler,

Thank you for your correspondence and for your desire to have a cooperative and collegial relationship with our Department. I am sure we can address your concerns and resolve any pending issues.

I will follow-up with our Professional Compliance Bureau tomorrow to address your concerns. I have a meeting which will probably take up most of the morning but will get back to you tomorrow afternoon. In the meantime, would you please provide a little more detail regarding Carlos Miller such as date of birth and race information? That would narrow the results when we search our database. Also, I would appreciate if you would direct any questions and/or correspondence to me. If you would prefer to call, my direct line is 305-471-3591.

-Bill                                                                                                                            William Lyons,                                                                                                         Police Legal Advisor 2                                                                                         Police Legal Bureau                                                                                             Miami-Dade Police Department 

 

***                                                                                 

Mr. Lyons,

Mrs. Robin Baker was kind enough to find the arrest report I requested and is mailing it to me.  She has been pleasant to deal with in resolving this situation.   On the other hand, Mrs. White does not like to respond to emails or return calls, so all further communication regarding my public records request will be done through Mr. Loftus or yourself if you wish to handle all further public records requests I make on behalf of the MDPD.  I wish to avoid any further issues.

Please find my next public records request below.

Pursuant to F.S. 119, provide the following records in electronic format if they exist in that form.  If the cost of production is expected to exceed $1.00, provide a written estimate prior to production.  Please cite all statutory exemptions for all withholdings and/or redactions.

(1)  All documents that indicate or tend to indicate the purchase, maintenance, use, etc. of all handheld video cameras. Please include all equipment sign out logs.

(2)  All video that was taken on all handheld video cameras on January 31, 2012.

(3)  The staff roster of the Rapid Deployment Force that was activated on January 31, 2012.

Thank you for your attention to this matter.

Best Regards,

Robert Chandler

***

Good afternoon Mr. Chandler,

I am glad the arrest report you requested is on its way to you. Are there any other pending issues regarding your original public records request of February 06, 2012 (below)?

With regard to your request immediately below (2/16), would you please be more specific as to item 1? I would imagine that we probably started purchasing hand-held video cameras at least 25 years ago. Also, we have a number of elements in our Department that may have used them and/or are using them over the years. Are you just interested in the video cameras that were used on January 31, 2012? If so, I think we could expedite this if we limit the scope of your request to those particular cameras.

And yes, I would appreciate if you would direct any questions and/or correspondence to me regarding any public records requests. There is no a need to copy Director Loftus on any future messages. We do like to stay within our chain-of-command here in the police department. I copied my supervisor above and she reports to Director Loftus. Again, if you would prefer to call, my direct line is 305-471-3591.

 Thank you.

-Bill                                                                                                                            William Lyons,                                                                                                         Police Legal Advisor 2                                                                                         Police Legal Bureau                                                                                             Miami-Dade Police Department  

***

Mr. Lyons,

I will let you know if the records that are on their way to me are satisfactory to my request as soon as I receive them.

Can I please have all video recordings that were taken at the occupy Miami location on January 31, 2012.  Please provide the names of all officers that used the video cameras that date. Please provide the video sign ou log for January 31, 2012.

There is a video a journalist took of the protest that shows one of your officers video recording arrests that day.  The records I am after are essentially those videos and the officers names that were using them.  You can find the video at www.carlosmiller.com. Thank you for your assistance.

Best Regards,

Robert Chandler

The Chandlers are demanding more public records that might reveal more insight into the night of my arrest, including further evidence that they deleted my footage.I won’t reveal details yet but these guys definitely think outside the box.

Stay tuned.

 


 

Please send stories, tips and videos to carlosmiller@magiccitymedia.com.

Also, if you would like to contribute to my Legal Defense Fund, please buy a photographers' rights lens cloth and/or laminated card to wear around your neck like a press badge through Zap Rag. Please write "carlos3" in the comments section of the Paypal transaction to ensure I receive a portion of the sale.

Or you can just donate to my Legal Defense Fund by clicking on the button below.

Comments

Interesting the raw video mentions homeland security multiple times even though they have publicly denied coordinating the Occupy Wall Street Evictions.

Carlos wearing a mask at 22:31, 26:54 on left side, 37:10 behind fortified area, 45:45 in front of police lines, at 54:00 panning the police line, 1:00:00 asking about being on the sidewalk, 1:06 in front of Miami police line, 1:10:46 talking to cops in line. Carlos' arrest at 1:15:40

Can someone translate the conversation Perez had with the 23 TV station starting at 53:05

1:13:39 deputy warns media for your safety please get out of the way.

Personal comments

1. Never give them the slightest excuse, they will use it if you let them. Most police dislike the media.

2. You need to wear ID clearly showing you are a member of the media when out covering a story, wearing a reflective vest can also help differentiate you from the protesters.

3. When police arrive on scene as media you should check in, identify yourself and the publication you are representing.

4. You should have never worn the mask, it makes you look like a participant in the protest.

But what it all comes down to in the end was that the arrest was unjustified, and should have ended the moment you identified yourself as a member of the media.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

The bandanna was handed to me by an activist because it looked as if the cops were going to use tear gas. Well, the cops were pulling out their own tear gas masks.

I know the bandanna would not have done much to protect against this but it's all I had.

I removed it once it became evident they were likely not going to gas us.

A smoke hood, mouthbit respirator and a CBRN filter cartridge in a belt case would be more effective, as well as looking more professional.

Edit: And why does my making a statement of truth get my post downrated? A bandanna is NOT as effective as a respirator for CN gas, and makes you look like one of the protestors, while a professional quality respirator does not have the same connotations in our society as someone with his face hidden behind a bandanna!

He doesn't need to display any ID, "check in", or wear distinctive clothing. As long as he's not breaking the law, as a private citizen he has the same right to gather information as he would as a member of the formal media. So it shouldn't matter whether he obviously looks like a journalist or not.

"The First Amendment right to gather news is, as the Court has often noted, not one that inures solely to the benefit of the news media; rather, the public's right of access to information is coextensive with that of the press." -Glik v. Cunniffe http://www.ca1.uscourts.gov/pdf.opinions/10-1764P-01A.pdf

I'm laughing because at 5:30 that guys "we want you to understand there's photographers." And the officer proceeds to tell him there's a lady that's going to be telling these photographers "just to move to that side" to add organization and because they don't want anyone to get hurt. And the guy proceeds to ask again "if the photographers would get arrested."

Then the guy mentions at 9:36 that he was at the FTAA and that the media is afforded the ability to actually do its job and the officer responds he is responsible for what happens on that night. And the guy questions him more and asks "but you're not going to prevent the photographers?" and the officer responds "I will do the best that I can."

At 37:55, the guy talks to Carlos and looks like he briefly relays the message talking to the main police officer.

Carlos Miller - Photography is Not a Crime
Pixiq Expert

Yes, I've been covering the Occupy Miami movement from the very beginning. These guys know me and know my concern for getting arrest for shooting video.

I was one of only two reporters in Miami who actually spent the night at the encampment during the entire occupation.

Muhammed is the activist who was talking to the cops. He was trying to ensure that they leave photographers alone. And not just the corporate reporters.

Funny, regarding transparency, the Palm Beach FL cops arrested me a couple years ago and then lost my passport. (If you are familiar with the overcrowded hellhole jail there, this might not surprise you).
There was no way for them to deny they had it, since that's how they ID'd me. Then they lied about it and acted like they didn't give a damn about the lost document. One little problem, the State Department was up in arms (think National Security) and I told the PB police I was going to the State Dept./ FBI to report their antics, and that I had a full paper trail. Boy, you never saw a bunch of bullies go from hardass to apologetic so fast. It's all about leverage, and persistence, that's what I learned.

I'm glad you got it straightened out but I don't see the State Department getting very upset about one lost passport. Was it a diplomatic one?

Something similar happens if you use the traveling with a starter pistol trick to secure your valuables in your luggage, and the case goes missing or gets broken into.

The BATF, FBI and Homeland Security take a VERY stern view of firearms "going missing" inside the secure zone.

It's a lot harder for an airline to sweep a lost or stolen bag under the rug when the feds have a strong interest in finding it.

First, I just want to say that I am proud to be on the team in Florida that is defending the Constitution against all enemies foreign and domestic. The domestic seems to be the problem with us. The Chandler brothers and Carlos Miller are the front line infantry and we need to defend them however we can.

Tomorrow, in Sarasota, FL, we are having a rally at Five Pts park, displaying our freedom of assembly, freedom of expression and freedom of the press rignts to the police and letting them know that the 1st Amendment is alive in Florida. They can't arrest us for recording them, they can't arrest us for chalking the sidewalk and they can't arrest us because they think that we are annoying. Stay tuned.

What I can't figure out is, how in God's name did they expect the "resisting arrest" charge to stick? There were three cameras present at a minimum - yours, theirs plus cameras by other members of the media.

The good news is, that proof of no resistance is what's going to get you clear of all the charges. It shows a pattern of malicious prosecution, along with the deleted video of course. The latter will be harder to prove, depends on what the forensics guys come up with. A datestamp on a deletion on a FAT32 filesystem doesn't exist :(.

Your best proof they did the deletion is this: they DID file false charges of resisting - the only possible way they could have made that stick is to delete your video, suppress their own copy and hope nobody else turned over theirs to you. So logically, they would have had to delete your copy to make the false resisting charge stick.

You've got 'em by the balls.

Perhaps they can check about our situation, plz can some one pass it along !!?? Read my FB/themeadowsfmly, find out what is been done in Miami when citizens demand respect of their RIGHTS !!
Our Moving Status...
Aqui de nuevo para dejarles saber que aun estamos vivos, bueno casi casi... ha sido una mudada otra vez como eviccion (ya vamos por la tercera, tres anos consecutivos, despues de fraudulentamente quitarnos nuestra casa), el 28 de Febrero vino el camion a llevar los muebles y cajas, tenia que estar temprano para que fuera luz del dia y por que ellos saben que mi madre es muy mayor y tienen que armarle la cama temprano, la misma Compania de mudanzas ha hecho las 3 mudanzas ! al parecer tenian instrucciones de hacernos sufrir muchisimo, quizas si se le hiciera una deposicion Jurada al Senor Manuel dueno de la Compania nos enterariamos de toda la verdad tal cual, bueno los camioneros llegaron tardisimo, y yo no los culpo a ellos por que son solo los asalariados y muy trabajadores, forzados a hacer lo que le manden, digo yo. La cosa termino a las cinco de la manana (mi pobre madre sin poder acostarse, mis hijos tuvieron que armar las camas,excepto una) y dejandonos un monton de cajas sillas, comoda, en fin que los llamaron y le dieron instrucciones de hacerlo, ya que el camion SI tenia espacio, terminando las cosas muchas en la basura ya que la Compania de mudanzas se desentendio por completo dejandonos sin ayuda, tampoco nadie mas quizo venir a ayudarnos, aunque el contrato decia llevarselo todo, cosa que se hablo con el dueno, igual que siempre, el Senor Manuel sabe perfectamente lo que tenemos que llevar ya que lo ha hizo en dos ocaciones anteriores, claro yo al ver que el dueno no venia en la cuadrilla y que solo mandaron a tres muchachos ya me imagine como venia la cosa, esperaba algo similar, aparte de los muebles rayados, cristales rotos, colchones arrastrados por el piso y mucho mas.....Ese dia para nosotros fue de mas de 24 horas cargando cosas, arreglando, limpiando, atendiendo a mi madre y a nuestra mascota, el siguiente dia mas de 15 horas, y hoy ya no podia ni pararme apenas, por eso quise comunicarles nuestras agonias, que asi se beneficien aprendiendo lo que le hacen aqui en Miami a las personas que protestan demandando respeto a sus Derechos Civiles y Libertades !! Como por exponer la corrupcion y demandar nuestros Derechos nos han estado abusando, destruyendo a todos por casi ya 10 anos, como han usado a las Instituciones Gubernamentales para poder destruir a toda nuestra familia, como el Departamento de Ninos y Familias a estado abusando mis hijos desde que son menores de edad, como han permitido el abuso de una persona mayor como mi madre, la cual fue al salir del Hospital fue a denuncar como la habian abusado casi matandola en los Hospitales y los medicos que la atendian a la Fiscalia y no la dejaron entregar el papel que llenamosl de queja, solo salio una que dijo que era Fiscal y solo hablaba Ingles y no siquiera se dirigio a mi madre, esa senora canosa, y de la cual tengo el nombre en los papeles que llenamos, no nos dejaron entregarlos, ella no lo permitio. Piensen a todos los niveles que nos tienen manipulados y controlados, cuando hasta la Compania que vino a Limpiar las alfombras de la casa que dejabamos nos hizo cosas, entre ellas: hechandome basura en la cesta de ropa limpia frente a la secadora, el muchacho joven que acompanaba al que parecia el dueno, tan jovencito me dio mucha lastima el ver que malevolencia tenia dentro, cuando al ir yo a pasar, y el recogiendo los cables de lo que ellos hechan, paro de recogerlos para cuando yo pisara, asi fue entonces comenzo a halarlos de nuevo, para que me enrredara los pies y cayera al piso....asi que juzgen ustedes cuantos diablos tenemos de enemigos y las entidades correspondientes no hacen nada para protejernos de tamana amenaza, por eso quiero dejar bien en claro nuevamente que si algo nos pasa a cualquier miembro de nuestra familia, mi madre, mis hijos, o yo, la culpa es del Gobierno de los Estados Unidos, el cual ha permitido tanto abuso a nuestra familia y por tantos anos !! Manana si puedo les contare de dificil que ha resultado poder acotejarnos: los pisos desnivelados......mucho mucho mas....y he tratado de ponerla en condiciones para que mi madre pueda estar bien, pero no nos dejan......

Marina Meadows..

I would have loved to have read your post, but gave up after trying to read and keep my place in your one long paragraph.

Remember, paragraphs are your friend.

Rail Car Fan

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