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WTO misdemeanors too flawed to prosecute
Tuesday, January 4, 2000
By LISE OLSEN
City Attorney Mark Sidran said late yesterday that he has decided to drop all but 40 misdemeanor cases stemming from more than 500 arrests during last month's World Trade Organization demonstrations.
Sidran declined to elaborate on his decision. He made his announcement in a faxed statement after the Post-Intelligencer requested an interview about the city's handling of hundreds of cases.
A P-I review of case files and interviews with attorneys and police showed that scores of the cases -- nearly all stemming from the mass arrests of 400 people on Dec. 1 -- were so flawed that they could not be successfully prosecuted.
In many of the WTO cases, times and places of events had been scrambled, and police reports and lists of protesters were mixed up.
In others, overworked police did not finish reports for individuals, did not sign arrest reports or used the wrong photos to identify protesters who refused to give police their names.
In an interview last week, Assistant Seattle Police Chief Ed Joiner, who headed up much of the police planning for the WTO, wondered why cases had not been dropped more quickly -- especially because most of those arrested already spent time in jail for misdemeanors.
"Is it practical to go ahead and process all of these people under the circumstances?" he asked.
"That really is a question that you have to ask the prosecutor's office. But I'm sure we have complicated their life substantially by the inability to tie the individual to the arresting officer."
As of yesterday, nearly 40 percent of about 1,000 charges filed in relation to the WTO already had been dismissed or dropped in Seattle Municipal Court, according to the court administrator's office.
Fewer than three dozen people had taken deals to avoid prosecution, according to court records and interviews. And most of those deals did not require people to admit guilt.
But the City Attorney's office had continued to press for convictions before Sidran's abrupt change of position last night.
In his statement, Sidran said that the cases were being dropped because of "insufficient evidence."
"I think the police did the best they could under very difficult circumstances, but the context on the street is not the same as in a court," he said.
Among the specific problems the P-I found with the WTO cases:
The first mass arrests -- each of 100 to 200 people -- came at 7:30 and 8 a.m. Officers tried to stick with their original plan of taking individual Polaroid photos for each protester, but it took 20 minutes to do the first 15 people, according to Jim Pugel, the Seattle police captain who was field commander. Protesters had to be carried off by police and gave names such as "John" or "Jane WTO" or even Emiliano Zapata.
To get done faster, police took group snapshots of suspects aboard buses. Later, it would be prove difficult -- or even impossible -- to identify individuals in these snapshots because of motion, poor lighting and other factors, Joiner said.
More than 300 court cases are linked to one police incident number: 99-505311. And that photocopied report actually names only one person, Sharon Borgstrom, a 42-year-old waitress from Port Townsend who said she came to Seattle to see for herself the scenes she had been watching on television.
Borgstrom said she was not a protester but got in front of a police line near the Pike Place Market and could not figure out how to get away.
The report with Borgstrom's name, however, describes how a group of demonstrators was followed by police and surrounded when the group reached Westlake Park. There, most of the 200 people sat down and police proceeded to arrest everyone.
"I don't know why they ran off a bunch of copies of mine. Was there that big of a hurry? I just don't get it," she said.
The report, which was filed as a defense exhibit in one court case, does not describe individuals. And charges against Borgstrom have been dropped.
There are three versions of report no. 99-505311, all with different places and times. One version says the incident occurred at 8 a.m. at Westlake Park on Fourth Avenue and Pine Street. Another version refers to arrests at 5 p.m. in the vicinity of First Avenue and Clay Street. And a third version describes an incident at 11th Avenue and East Pine Street that took place at 9 p.m.
Pugel, of the Seattle Police, called the problem "an error," which he said he thought had been straightened out with prosecutors.
Through an assistant, Sidran refused comment beyond his faxed statement yesterday.
Most of the Municipal Court cases involve charges of "failure to disperse" or "pedestrian interference," both misdemeanors.
A handful of felony cases are proceeding and do not have the same problems. Police put a priority on those cases, Joiner said.
Meanwhile, defense attorneys and members of the Direct Action Network are angry that many of their clients have been asked to journey two or three times to court in Seattle -- sometimes paying for bus or plane fare from places as far away as Georgia -- to face misdemeanor charges that even the city attorney now admits cannot be backed up by adequate public records or witnesses.
The city and county also have their own WTO-related bills to pay: Both the jail and the court system have racked up additional expenses processing all of the cases.
Michael Kolker, a Seattle lawyer who is defending two out-of-state clients in WTO cases, said he did not understand how the cases got so far in the first place.
"Why make these people come to court, make them go through inconvenience and expense?" he said. "These cases never should have been filed and should be dismissed."
More than 500 people were arrested in Seattle during the World Trade Organization convention -- and most were busted in three mass arrests on Dec. 1, 1999. The paperwork for most of those arrests is in disarray. At least 130 of an estimated 600 related misdemeanor court cases have been dismissed. On Monday, the city attorney, who is responsible for reviewing the cases, said he would ask the court to dismiss all but 40. To make a charge stick, arresting officers need to document the illegal actions of an individual. But in the WTO mass arrests, there are few individual reports or photos and specific arresting officers often were not identified either. Police say lack of manpower prevented them from taking individual photos or writing individual reports, which would have been normal procedure. 130 had been
dropped by
Monday 40 "took deals" to avoid prosecution 280 more will likely be dismissed 40 expected to proceed
P-I reporter Lise Olsen can be reached at 206-448-8390 or liseolsen@seattle-pi.com
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SEATTLE POST-INTELLIGENCER REPORTER
Problems with WTO police reports
The mass-arrests
1 Westlake St. and Lenora St.
7:30 a.m. --About 100 arrested
2 Westlake Park (4th and Pine St.)
8:00 a.m. --About 200 arrested
3 1st Avenue and Clay St. area
5:00 p.m. --More than 200 arrested
How mass arrest reports were filed
Normal procedures
Status of cases*
*Status of some cases was unavailable.
Sources: Seattle Municipal Court records, City Attorney's Office

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