Judge Backs Down on Protest Fines Pending Hearing

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Under pressure from city lawyers, a Manhattan Criminal Court judge yesterday vacated his order of contempt against the city for illegally detaining approximately 560 protesters last week, pending a new hearing.


Judge John Cataldo ruled on September 2 that the city was in contempt of court for failing to release illegally detained prisoners and that the city would be subject to fines of nearly $500,000.


The new hearing, possibly starting next week, will determine if the city was in contempt and still faces fines. In court yesterday morning, Judge Cataldo ordered Corporation Counsel Michael Cardozo to provide a list of detainees affected by his prior ruling, along with details of their incarceration by 5 p.m. today.


Mr. Cardozo told the judge the city might not be able to make the deadline, because he needs more time to compile all the information regarding the detainees who were released last week as a result of Judge Cataldo’s initial ruling.


“I do not know whether that is physically possible to do by 5 o’clock,” Mr. Cardozo, told the judge yesterday. “Why are we doing this under this kind of breakneck speed?”


Daniel Alterman, one of the lawyers for the protesters, accused Mr. Cardozo of attempting “to hide behind [the city’s] failure to treat our clients in a constitutionally mandated way.”


Police made 1,827 arrests related to the Republican National Convention last week, mostly for disorderly conduct. Nearly 1,200 arrests occurred on September 1.


A day later, lawyers for the protesters demanded the release of anyone held more than 24 hours without being charged. That afternoon, Judge Cataldo ordered the city to release hundreds of detainees who met the criteria.


The judge held the city in contempt when the prisoners were not released and said the city would be fined $1,000 for every illegally detained prisoner.


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