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UNCIVIL LIBERTIES
Providence activist still faces felony in GOP protest

BY STEVEN STYCOS

Although criminal charges against hundreds of protesters at the 2000 Republican National Convention have been dropped or thrown out, Providence activist Camilo Viveiros still faces felony charges for allegedly throwing a bicycle at Philadelphia police Commissioner John Timoney.

In what critics describe as the largest violation of civil liberties since the Vietnam War, 420 people were arrested during non-violent protests as the Republicans nominated George W. Bush for president. Viveiros and many others were charged with felonies and jailed with bails high enough to guarantee that they would remain jailed until the convention was over (see "Liberty denied," News, January 18, 2001). Defense lawyer Larry Krasner calls the situation, "A sellout of democratic rights because the city had some notion that democracy is anti-tourism."

Since August 2000, however, Philadelphia district attorney Lynne Abraham has had little success in making the charges stick. The conviction rate hasn't been "beyond fabulous," Krasner quips. All charges against one of his high-profile clients, Ruckus Society leader John Sellers, who had been charged with several felonies and whose bail was set at $1 million, were withdrawn minutes before his trial was due to begin. AIDS activist Kate Sorensen, another felony defendant whose bail was set at $1 million, was convicted only of one misdemeanor and fined $500, Krasner says. Overall, according to the umbrella defense group R2K Legal, no protester has been convicted of a felony and none have served jail time after their initial detention.

Nevertheless, Abraham's spokeswoman, Cathie Abookire, defends all the arrests as "proper." Her boss, she says, keeps no statistics on conviction rates related to the protests at the GOP convention. "The district attorney doesn't believe in statistics," Abookire says. "She doesn't believe in justice by numbers."

Viveiros, who denies that he assaulted Timoney, has a mixed record in court. In January, an appeals court reinstated a first-degree felony assault charge against him, but it rejected the prosecution's attempt to restore conspiracy charges. Viveiros predicts his case will not go to trial before late this year.

The tenants' rights organizer is glad the charges against other defendants have been dropped, but he worries that the rising number of civil suits against Philadelphia police, for alleged civil rights violations, will spur Abraham to target him as a scapegoat. Convicting the Timoney Three, as Viveiros and his co-defendants are known, will enable city officials to show that extraordinary measures were necessary, he says, to protect the public safety.

The post-September 11 atmosphere, adds Krasner, makes it more difficult to convince juries of police misconduct.

While he waits for his trial, Viveiros continues to raise money for his legal expenses. Contributions can be sent to: Friends of Camilo, PO Box 58247, Philadelphia, PA 19102.

Issue Date: March 1 - 7, 2002