Face The State Staff Report
As Denver officials prepare to absorb 50,000 delegates and attendees for next month's Democratic National Convention, they now predict that between 800 and 2,000 of the additional 10,000 protesters now expected could spend time behind bars. The question: Will the city's courts and jails be able to absorb them?
Denver PoliceFTS Staff Photo
Eighty-three arrests during the Oct. 6, 2007 Columbus Day parade overwhelmed the system, with some detainees held up to 12 hours after posting bail. The American Civil Liberties Union and criminal defense attorneys are now questioning whether the city is prepared to process those arrested during the DNC while still preserving the rights of protesters.
“There were 1,800 arrests in New York City during the 2004 Republican National Convention, and there were a number of problems caused by such an influx into the system,” said ACLU Colorado Legal Director Mark Silverstein. “If there are mass arrests in Denver, there is a fear that is could overwhelm the physical infrastructure and police department.”
Tom Cincotta, Southwest regional vice president for the Colorado National Lawyers Guild, expressed concerns over sanitation, conditions of confinement, access to attorneys and speedy trial requirements. “In terms of processing, especially when dealing with large numbers of people, it is likely there could be huge bottlenecks in the process,” Cincotta said.
Once individuals are processed at the jail, they are advised of their rights by a judge, a process that takes place within 48 hours of arrest. Unless they are released on bail, individuals charged with misdemeanors are generally arraigned and allowed to enter a plea within 72 hours of arrest.
According to Denver County Judge Andrew Armatas, the court is taking measures to ensure it can efficiently process people arrested during the DNC. He said Denver would be opening an additional arraignment court to supplement the single court that usually processes arraignments. He also said the court will be holding extended hours from 8 a.m. to midnight every night during the August 25-28 gathering. “I am very confident our court will be able to handle any numbers we get there,” Armatas said. He added that arraignments only take a few minutes and people are often advised in groups of ten or more.
In Minneapolis, the site of the Republican National Convention the first week of September, Ramsey County courts are planning round-the-clock schedules if arrests are massive. There is also the potential that pretrial hearings, or meeting with the judge before trial, will be waived. Denver officials say they do not intend to waive hearings and will only keep local courts open until midnight.
Nonetheless, Cincotta’s main concern is a repeat of the Columbus Day jam when police were slow to process people who had already posted bail. He advocates that police adopt a ticket and release policy for non-violent offenses. “Unless you are physically resisting an officer or creating property damage there is no public interest in arresting these people,” Cincotta said.
Silverstein agrees, but when he proposed this idea to Denver Police Deputy Chief of Operations Michael Battista last summer, he recalls being told, “For protests, we don’t cite and release.”
Silverstein also recalled Battista telling him the current policy of carrying out full custodial arrests was adopted on the recommendation of the city attorney’s office because it assists with the city’s case in court. In a letter to Battista, Mayor John Hickenlooper's office and Alivin LaCabe, Denver's safety manager, Silverstein called the current process a "recipe for violations of civil and constitutional rights on a massive scale."
According to Denver Police Lt. Ron Saunier, officers are trained to give protesters plenty of notice before arrest. “We will first advise people they are in violation of the law before arresting them,” Saunier said. “We give plenty of opportunity for those who want to comply to comply.”
Calls to Mayor Hickenlooper's staff went unreturned.