State Attorney granted 45-day extension to respond to my appeal
Miami-Dade Assistant State Attorney Ignacio Vazquez probably doesn’t know it, but I am a pretty good chess player.
I’ve been playing since I was a child; taught by my grandfather in Colombia and developing my game in the years after, especially those two years I lived in Europe after college where the game is taken very seriously.
I used to play with the old Spaniards and the young Jews and the drunken Russians and the wandering Aussies, all whom elevated my game to a higher level. I even participated in a few chess tournaments in Dublin, my old stomping grounds, where chess and beer go together like castling rooks.
no-1sw
Canal Street, New Orleans 2004 |
And I’ve not only played against los viejitos on Calle Ocho, I’ve played against street hustlers in New York, San Francisco and New Orleans, which is where this 2004 photo was taken.
So it shouldn’t come as a surprise that since my Feb. 2007 arrest, I’ve approached my case as a lengthy chess game; a case that is now in its endgame.
After all, not only is chess a metaphorical reflection of life itself, but it is also a microcosm of courtroom dramatics; a series of charted and uncharted moves that either lead you to victory, defeat or stalemate.
But now my opponent is stalling his next move, hoping he will suddenly see the saving solution that would force this game into stalemate.
Late last month, Vazquez filed for a motion of extension, asking for an extra 45 days to respond to my appeal brief. He now has until Feb. 17th, which is an obvious attempt to unsettle me, especially considering that I was only allowed a 30-day extension to file my appeal brief back in October.
But like a good chess player, I must be patient. It’s been almost two years since I’ve been performing this gambit with the Miami-Dade legal system. Another couple of months is not going to kill me.
And although I believe I am close to checkmating my opponent. I should have checkmated him during my trial but I made a bad move when I decided to testify.
It was a risky move that I later regretted because I ended up coming across as hostile to Vazquez. I am a naturally high strung person, so I came across as nervous on the witness stand. I’m not a career defendant after all. This was all new to me.
But a good chess player can make a bad move and still recover. I can’t count the times I’ve lost my queen only to end up beating my opponent. Although I was convicted of resisting arrest without violence, I was acquitted of refusing a lawful order and disorderly conduct. In other words, I exchanged one piece for two pieces.
And the more valuable piece in this game was the refusing a lawful order charge. That was the queen of all charges, the whole basis of their arrest. They liked that charge so much that they initially charged me with five counts of refusing a lawful order, even though it was only one order I supposedly refused.
By the jury finding me not guilty on that charge, it is evident they believed police were giving me an unlawful order when they told me to leave the area, which we, as citizens, are entitled to refuse.
Now that Vazquez has an extra 45 days to prepare his response, I have no doubt he is perusing my blog, searching for evidence that I have a long history of hatred against police, which is what lead to my arrest.
After all, that is what he did in preparation for my trial. He searched and found a couple of posts I had written in May 2007 where I compared a group of jackboot Los Angeles police officers to Nazi soldiers.
The cops were caught on video bashing the legs of Mexican children and trampling over journalists during a non-violent immigration rally. The incident resulted in multimillion dollar lawsuits against the LAPD as well as disciplinary action against 19 officers.
Now you may or may not agree with my comparison. But I find it impossible to argue that these posts prove I had a history of bias against police prior to my arrest, which is why I would resist arrest, when I wrote them more than two months after my arrest.
It’s like accusing a man of murder because he purchased a gun two months after his neighbor was found shot to death.
My attorney, Arnold Trevilla, argued that this was improper character evidence. Both attorneys went into sidebar with the judge where Vazquez claimed these blog posts proved that I had a “history of hating police”, according to transcripts of the trial. He also theorized that I was “reliving a fantasy world” where I believed I was a victim of Nazi oppression. Vazquez may be a good attorney but he’s a horrible psychologist.
Judge Fernandez ended up agreeing that these blog posts show “a bias against police officers” and allowed Vazquez to continue with his questions. And they didn’t even allow me to explain the context behind the articles. It was made to look like I viewed all police officers as Nazi soldiers, when in fact, these were the only two times that I ever referred to police as Nazi soldiers on my blog.
In fact, Vazquez failed to point that in one of those posts, I also commended the NYPD for acting professionally during an immigration rally I photographed that same year, as you will see here:
I gained a lot of respect for NYPD that day. They handled the situation authoritatively but without going overboard. Had they been a tad bit more aggressive, they would have started a riot that would have dominated the newscasts (and rightly so), but which would have killed the overall message of the rally.
So I have no doubt that Vazquez has been reading my blog in preparation for his answer brief. For all I know, he may even be a commenter.
-30-
Disclaimer: I would like to point out that I don’t have a history of bias against prosecutors nor do I have any personal animosity against Vazquez. I believe he is an ethical attorney who happens to be extremely competitive.
I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar.
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Comments
Good work, Carlos. Your opponent’s king is backed into a corner now, and you still have your queen, ie. the First Amendment. Go for it.
I’m glad you’re approaching this a chess game … don’t let them make you sweat. As Scott said, you’ve got the First Amendment on your side. We’ve got your back…
Anything not in the record is off limits. Thus, he can read it all he wants, but he can’t use anything from this blog in his answer brief unless it was introduced at trial.
Saludos
If it does go back to court, you at least get a new judge, right? It seemed like it wasn’t so much the D.A. as the judge that had it out for you.
Scott,
After the State Attorney’s Office files its response to my appeal brief, then I will have 20 days to file a response to that.
And then it will go before a panel of three judges from a higher court than Judge Fernandez.
whether you do or don’t have a prior opinion of the police has NOTHING to do with it. (would it mean that you’d be let off if you were the biggest contributor to the Police Benevolence Assn.?) what are they, the thought police?
I’d like Cigar Mike to clarify something; if the prosecutor submitted some blog posts as evidence, does that not mean that the entire blog can be entered into evidence to refute the prosecution’s case?
And if the blog served to guide the prosecution and the judgment and was not entered into evidence, could that be grounds for a mis-trial?
Mike,
Well if he’s not perusing my blog, I’m sure he’s perusing the law books.
OR A FUTURE POLITICAL CAREER … with this as the first red flag on civil liberties…
I’d suggest that your lawyer shoot down any evidence gathered from this blog without mentioning a timeline; rather, using the first amendment protections you are granted as an american citizen.
I think you were unfairly demonized by a self-hating racist in your prior trial. There’s plenty of psychological evidence of this phenomenon in the united states, and it’s a sad thing when it’s children that are the self-hating ones. When it’s adults, it’s even more disheartening.
Good luck. Is this an appeal process, then?
If so a prior commenter that said “no new evidence” is correct, that pesky damn constitution and its no double jeopardy clause. And CL Jahn may have a point as well, which ties in with my first sentence here. If the entire blog is considered on the whole, the prior testimony of the prosecution could be grounds for a mistrial.
And the basis for a tidy lawsuit for your time and stress. Don’t get greedy on us now! Get yourself a new photo camera, and pick up a tiny wearable video recorder.
And keep it up!
Genewitch,
I think this whole thing is not as much raced-based than it is annoyance that somebody understands their First Amendment rights and is not afraid to use them.
Everybody in the case, from the cops, to the judge, to the attorneys, to me were either black or Hispanic.
But several people in this case, from the cops, to the prosecutor to the judge seemed to have issues with the First Amendment.
The cops couldn’t stand that I was taking photos and refused to stop taking photos when they ordered me to leave the area, so they arrested me and conjured false charges against me.
The prosecutor tried his best to paint me as guilty – not by the evidence against me for there was none – but by the words from this blog, which were merely an opinion.
And the judge sentenced me to a harsher sentence not only because I had the gall to blog about my case, but because I displayed a different opinion from him.
You see, everybody proclaims to support the First Amendment until somebody actually tries to utilize these rights.
i was referring specifically to the judge. the prosecutors are paid to prosecute even if they don’t agree with the charges. that’s their job.
I was trying to avoid saying outright the judge, but… whatever. time for a chocolate martini!
The point, is they do not like pushy sheep. Peasants should tug there forelock, kiss there ass and say ” yeasa masta”. After all, they are the master race .
you are one tenatious person. What you don’t realize Carlos is you are probably brighter, more talented and a better writer than many of the lawyers i know. I hope you identified all the issues in your appeal. I know i preserved everything. Good luck my friend.
Thanks, Arnold. You’ve brought me this far. Now it’s up to me to do the rest.
http://carlosmiller.com/2009/01/13/about/ is a dead link. It’s linked to at the bottom of your post.
How much have you spent on your appeal so far?
Why was your blog even brought up at trial and why didn’t your attorney talk to the jury about the First Amendment?
JohnSteel,
Thanks for pointing out the broken link. No wonder I wasn’t getting any donations. I need to fix that link in a few articles, I guess.
To tell you the truth, I don’t have a specific number of what I’ve spent on my appeal because I’m just making it all part of the entire case.
I spent more than 500 dollars to get the proper papers filed. And I’ve spent about the same on getting transcripts transcribed.
And I had to pay more than $500 of court costs because I was found guilty of resisting arrest.
And then they sent me to do community hours, anger management and probation and all that costs several hundred dollars as well.
And it costs to make copies, buy ink cartridges, spend time in the law library researching.
And I’ve recently cut off my three credit cards after they were maxed out because of legal bill and consolidated them into a credit repair program.
And there is another lawyer I still owe money too. The first guy I retained.
This case has put me in debt, ruined my credit and lost job opportunities.
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