By Carlos Miller
You know the prosecutor is desperate when he asks the judge to order me to stop blogging about my case.
Judge Jose Fernandez did not even want to hear it, overruling him in seconds.
The prosecutor, Ignacio Vazquez, told the judge that by me proclaiming my innocence on a public forum, I am in danger of jeopardizing the judicial procedure.
When that didn’t work, he tried to introduce the photo below as evidence, which he plucked from my blog, pointing out that I am wearing my cap backwards, as if that proves I am a reckless Photo Gangster.
The photo was taken by my good friend, Danny Hammontree – the king of the black and white personality portrait.
My lawyer, Arnold Trevilla, argued that the photo is irrelevant. The judge, who didn’t seem too interested in the photo, hasn’t made a ruling.
This is how I was dressed today. People in the cafeteria kept asking if I was a lawyer. A Courtroom Gangster.
All this happened before we even chose the jury.
At 8 p.m., when the judge realized this trial was going to run longer than anticipated, he called for a recess.
The trial continues tomorrow (Tuesday) at 1:30 p.m. in Room 2-11 of the Justice Building, 1351 NW 12 St.
Besides choosing a jury, we heard opening statements from both sides as well as testimony from one of the arresting officers – if that is what you want to call the rubbish that came out of his mouth.
One of the things he said is that officers arrested me because they feared I would use my cameras as weapons.
Tomorrow (Tuesday), we’ll hear testimony from two of the other arresting officers, so I should probably wear my boots.
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50 responses so far ↓
1 Jeremy Jojola // Jun 16, 2008 at 9:33 PM
Carlos:
It seems to me the prosecutors are desperate and don’t have much evidence if they’re pulling pictures off your blog. Good luck again tomorrow.
JJ
2 Henry Gomez // Jun 16, 2008 at 10:55 PM
What was the rationale for introducing the BW photo of you?
3 Carlos Miller // Jun 16, 2008 at 11:27 PM
JJ,
Thanks for the support, man.
Henry,
The only basis he mentioned was the “backwards baseball cap”.
4 slim pickens // Jun 17, 2008 at 1:05 AM
I’m not a big fan of yours but I have to admit the State Attorney sounds like a real genius. Funny stuff!
Rock on!
5 Tamara Lush // Jun 17, 2008 at 6:54 AM
Hey Carlos,
Good luck with your trial!
I will call you tonight.
Tamara
6 Alex // Jun 17, 2008 at 7:20 AM
Can’t believe he tried to make you stop blogging. Shows how much he believes in that pesky 1st amendment.
Good luck!
7 Alex // Jun 17, 2008 at 7:22 AM
Oh, and keep wearing suits. But not black.
8 Carlos Miller // Jun 17, 2008 at 7:28 AM
Alex,
I only have two suits, an olive one and a black one, so I was planning on wearing the black suit today so I won’t be dressed the same.
9 CL Jahn // Jun 17, 2008 at 7:44 AM
Accusing you of wearing your hat backwards is like accusing baseball players of only wearing one glove.
We all wear baseball caps to block glare when we check camera settings, and we all turn them around so we don’t knock them off while shooting.
The prosecutor is an idiot.
10 Carlos Miller // Jun 17, 2008 at 7:49 AM
CL Jahn,
You’re exactly right about the cap.
I only wear a cap backwards when I am shooting or when I wake up and have bed head and have to step outside for something.
The cap absorbs the sweat from my head when I’m out shooting. In the case of the black and white photo, it was shot during the Bush protest at Miami-Dade College and it was hot as hell.
Without the cap, the sweat would be dripping into my eyes and all over my camera.
And I turn it backwards because otherwise, the bill would would prevent me from putting the camera to my face.
11 Rachel Gonzalez // Jun 17, 2008 at 8:17 AM
First of all, the picture is fantabulous. The prosecutor is just jealous that he can’t pull off that look, so he is picking on your backwards cap. Now, really, would you use those very expensive cameras as weapons on cops with real guns? Por Favor! Give me a break. This is what they do. Spend our taxpayers $$$ on stupidities, while the real delinquents are right in front of their faces. I could go on, but I’d better shut up now. Good luck, you are a decent man just doing your job. You will be fine.
12 I'll keep my anonymity here, thanks. // Jun 17, 2008 at 8:25 AM
Sounds like the prosecution may be angling for an argument based on profiling. They could be trying to say that the officers perceived a dangerous situation because you 1) didn’t listen to them and 2) were dressed the way dangerous and violent people often are. Don’t fall for that trap.
13 Carlos Miller // Jun 17, 2008 at 8:50 AM
Rachel,
Any photographer will tell you that they treat their cameras like babies.
And any mother will tell you that they will never use their babies as weapons.
Keep sending them vibes!
IKMAHT,
On the night of my arrest, I was wearing a button down dress shirt, jeans and a panama hat because earlier that day, I was covering the Anna Nicole Smith media circus in Fort Lauderdale and it was pretty sunny outside.
What can I say, I like hats.
14 Squathole // Jun 17, 2008 at 8:55 AM
One of the things he said is that officers arrested me because they feared I would use my cameras as weapons.
He got that right. They are weapons. Keep it up. I’m loving this.
15 Cari // Jun 17, 2008 at 9:10 AM
Hey Carlos…
Ditto what “IKMAHT” said.
As a photographer myself, I, too, often wear a cap to block the sun’s glare and often have to turn the bill to the back to prevent the camera from knocking the cap off my head when composing a shot. Yes… our cameras are expensive and would never in a million years consider using them as weapons. Their argument is, at best, a stretch. Unbelievable.
16 Alex Cabrera // Jun 17, 2008 at 9:24 AM
If they try to make the case that they thought it was a weapon because it said “Canon”, I’m going to lose my shit laughing.
Good luck with the case.
17 Maria // Jun 17, 2008 at 9:42 AM
I think you look nothing like a Photo Gangster in that picture. If anything you look like a hard working photojournalist ready to take your next great shot. As far as using your camera as a weapon, that is just plain stupid. It is obvious they have nothing better to go on. We will be celebrating tonight!
18 Cigar Mike // Jun 17, 2008 at 10:00 AM
The reality is that this prosecutor is three years out of school. BS cases like this get sent to them, like they do the Misdemeanor and DUI cases; to give them experience only. Most of these cases they try them expecting to lose. Sometimes they win, but the cases are weak.
I can’t believe they are wasting taxpayer money on your case.
Good Luck
19 Bill // Jun 17, 2008 at 10:41 AM
Hang in there Carlos.
20 Mr. Brasil // Jun 17, 2008 at 11:53 AM
Carlos,
Just found about your case through miaminights.com
I just want to let you know that I am supporter of photographers, because you are our eyes on the streets.
Hang in there buddy, everything will be okay, as we all hope the real law prevails.
Good luck on your trial, and all the best to you.
Mr. Brasil.
21 Ms Calabaza // Jun 17, 2008 at 11:54 AM
Well Hell,
I think you look adorable in the b/w picture and if I was about 40 years younger . . .
Good luck Carlos, I think it’s in the bag.
22 Cigar Mike // Jun 17, 2008 at 6:39 PM
Of course you have to wear the cap backwards esp. if you use flash.
I can see it now, you using a $3K 5D as a weapon.
SOunds like a fun case to try. hope you fared well.
23 alexdc // Jun 17, 2008 at 7:00 PM
Incredible story. As an avid amateur photographer myself, I’ll be following this with interest. Good luck with your case and with the documentary! I’m glad you’re blogging about it.
24 Henry Gomez // Jun 17, 2008 at 9:08 PM
I’m with Carlos now. It’s 10:10 PM on Tuesday night and we’re waiting for the verdict.
25 Bill Rhodes // Jun 17, 2008 at 9:28 PM
come on dude…let us know?
26 Alex // Jun 17, 2008 at 9:45 PM
Jeez guys, I’m about to drive to the courthouse.
27 Bill Rhodes // Jun 17, 2008 at 9:49 PM
just a one line wrap up? please?
28 FerfeLaBat // Jun 17, 2008 at 10:24 PM
That is a great picture. I hope you are not in jail now.
You’re out drinking.
*biting fingernails*
29 Henry Gomez // Jun 17, 2008 at 10:36 PM
Still waiting at the courthouse.
30 Bill Rhodes // Jun 17, 2008 at 10:38 PM
Thank you Henry.
Whew.
31 Maria de los Angeles // Jun 17, 2008 at 11:02 PM
Just checking in. Eagerly awaiting like everyone else. Hopefully this will be resolved soon!
32 Henry Gomez // Jun 17, 2008 at 11:05 PM
Not guilty on disorderly conduct.
Not guilty on unlawful refusal to obey a police officer.
Guilty on resisting arrest without violence.
Guilty of obstructing a public highway.
He’s gonna have to do 100 hours of community service, 1 year probation and pay about $400 in court costs.
The judge got high and mighty saying Carlos was cavalier during the trial and we found out the jury felt that Carlos hurt himself by testifying.
But Carlos was offered time served when he was arraigned. He refused that because he felt he was innocent. He shouldn’t second guess himself because he wanted to tell his side of the story.
33 James David Walley // Jun 17, 2008 at 11:11 PM
Well, it’s better than jail time, but that still sucks.
It sounds to me like he was essentially found guilty of not showing proper deference to the police, the actual law be damned.
34 Bill Rhodes // Jun 17, 2008 at 11:11 PM
well, it could be worse… was the lying by the cops addressed?
35 Alex Cabrera // Jun 17, 2008 at 11:12 PM
Wow, that’s complete bullshit. So basically the judge is punishing him for challenging the cops.
How can he be found guilty of resistance when he shouldn’t have been bothered in the first place?
I’m also going to venture a guess that nothing is happening to the officers who violated the law by harassing Carlos and wasted the public’s money with this bullshit case.
36 Bill Rhodes // Jun 17, 2008 at 11:12 PM
PROBATION?
what bullshit. with cops like that, they will look for him to violate his agreement… that is a mine field there
37 Alex // Jun 17, 2008 at 11:19 PM
I believe internal affairs already finished their investigation, right? So yeah, nothing will happen to the cops.
I thought the photographs proved Carlos wasn’t on the street.
1 year probation for resisting without violence is absolute BS. That’s basically just talking back. And I agree, watch out for cops looking to violate.
Props to Carlos for standing up for what he believes in.
38 Ms Calabaza // Jun 17, 2008 at 11:42 PM
just glad it’s over and you’re not facing any jail time. I don’t know much about law but it seems to me that 1 year probation is overkill. Regardless, you gave them a good fight. Be proud.
39 Henry Gomez // Jun 17, 2008 at 11:51 PM
Yes, the verdict was bullshit. The whole case depended on whether on whether or not Carlos obstructed a public highway which was the least severe of the charges. It was the excuse that the cops used to justify their commands for him to leave. They claim was endangering himself and others. He was on the gravel lanes of the road that were closed to regular traffic but open to cars pulling in and out of the businesses there.
The resisting arrest charge doesn’t make sense in light of the other two not guilty verdicts.
Also I forgot to mention Anger Management classes.
40 Bill Rhodes // Jun 17, 2008 at 11:57 PM
http://ashevillian.blogspot.com/2008/06/miami-photographer-sort-of-not-guilty.html
as I blogged there, how can one be not guilty of disobeying a police officer, why get arrested then?
makes no sense whatsoever.
41 James David Walley // Jun 18, 2008 at 12:01 AM
The more I think about this, the angrier I become.
What the verdict essentially says is that the Constitution means nothing, and that your rights end when the police tell you they’ve ended. The First Amendment is less important than behaving in a properly subservient manner toward the authorities. And “freedom of the press” only means freedom to cover whatever the police, government, etc. decide it is permissible to cover.
Don’t get me wrong — I’m relieved that Carlos didn’t wind up getting additional jail time. But this verdict is a threat to every journalist and photographer in Dade County. (Fortunately, district court decisions don’t have applicability outside that district.)
And I can only wonder…if Carlos had been photographed wearing a shirt reading “Placid, Obedient Liberal,” might the verdict have been different? Somehow, I’m reminded of Camus’s The Stranger right now.
42 AZ Joe // Jun 18, 2008 at 12:25 AM
You stinking Leftist poece of shit DUer. You need to have your ass kicked but good you motherfuckin traitor
AZ Joe has kicked more DUmmy ass then anyone…ask MATCOM, FIGHTINGIRISH or REDSTONE!
MOTHERFUCKIN’ CUNT TRAITORS!
43 Carlos Miller // Jun 18, 2008 at 12:55 AM
Just got home after having a few beers with my attorney. About to hit the Irish Whiskey.
Henry Gomez is a solid blogger.
I am going to pour myself a drink and start a blog post.
44 Carlos Miller // Jun 18, 2008 at 1:33 AM
By the way, the time posted on each of these comments is an hour earlier than it actually is, as I haven’t adjusted my blog to “spring forward”.
Right now, it is 2:33 a.m., if anybody is interested in accuracy.
Maybe I’ll figure out how to change that after I write my blog post.
45 Angel Garzón // Jun 18, 2008 at 2:01 AM
Carlos, I´m glad that you were not sentenced to any jail time, however, if I were you I would seriously consider appealing this decision if such an avenue is available to you, I´m not familiar with the day to day affairs of the Miami P.D., but I was very well aware of what the prevailing mentality was in the N.Y.P.D. during Rudy Giuliani´s mayoralty, John Timoney was with the NYPD at the time, as was Garry McCarthy, the current P.D. Director in Newark, NJ (my home town,) ever since McCarthy’s tactics have become common practice here, over- aggressiveness, disrespect and intimidation of the citizenry and the press have become more common, it all comes from the style that these fellows grew to love during their years at the NYPD under mayor Giuliani (a.k.a. Giuliani Time.) I long for the days when we had Joe Santiago as our Police Director, he rose through the ranks and was a consummate professional who demanded the same of all officers from top to bottom.
46 Mr Boin // Jun 18, 2008 at 4:26 AM
Indeed, you really look like a terrorist on this B&W pic, you should probably be put in Guantanamo right away, maybe you don’t deserve a trial at all, after all, like the guys over there… or maybe something is terribly wrong in the USA… don’t know.
Either way, good luck.
47 Gus Moore // Jun 18, 2008 at 8:02 AM
Good luck today.
It’s great to see all this support.
48 Jonnan // Jun 18, 2008 at 6:07 PM
Ooooh – AZjoe can kick people arse all over forums. GOP armchair warrior at it’s best!
49 Henry Gomez // Jun 18, 2008 at 11:26 PM
Thanks for the compliment Carlos. Means a lot.
50 M.M. // Jun 19, 2008 at 4:16 PM
Thou shall not blog about pending case, cuz it shall show idiocy on prosecutor’s part. Nice tactic.
http://www.poeticmotherlover.com
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