Report on Elián clashes issued
Panel says police were unprepared
BY CHARLES RABIN
A special citizens committee formed to investigate Miami Police
action against
protesters during the Elián González case has found
the police department was
not prepared for the demonstrations in January and April and
lacked a functional
chain of command.
The Elián González Ad Hoc Committee also recommended
in a report completed
Monday that no elected city official should ever interfere with
police at a
disturbance -- a reference to City Commissioner Tomás
Regalado's role in the
Jan. 6 demonstration, when Miami Police Capt. Tony F. Rodriguez
accused the
commissioner of inciting the crowd and obstructing a police officer.
Ironically, it was Regalado who spearheaded the move to form the
committee after
a confrontation between his supporters and Miami Police at City
Hall.
Regalado charged that the police used unnecessary force in arresting protesters.
The six-member group -- made up of an appointee from each commissioner
and
Miami Police Chief Raul Martinez -- will meet with Martinez on
Monday before it
passes its recommendations to Miami city commissioners.
The recommendations comment on both the January disturbances and
the April
protests that broke out after federal agents seized Elián
from great-uncle Lázaro
González's Little Havana home in the early morning hours
of April 22.
The day was marked by hundreds of confrontations between protesters
upset with
the way the young boy was removed from the home and squads of
riot police,
who the report say at times indiscriminately tossed cans of chemical
agents into
the streets to clear them.
The melee resulted in hundreds of arrests but relatively little
property damage --
mostly the burning of tires in the middle of Flagler Street between
Southwest 17th
and 57th avenues, and the burning of garbage bins.
``It doesn't seem the department was adequately prepared, information-wise,
as
to the locations and size of the crowds,'' committee member Alberto
Milián said.
Most of the arrested in January and April have since had charges dropped.
Committee Chairman Andrew Rosenblatt said the committee determined
after
interviewing dozens of witnesses and police personnel that clear
channels of
communications were not properly followed.
``There was evidence presented indicating police officers and
field forces were
operating under different rules of engagement,'' he said. ``There
was not
satisfactory communication between officers and the street and
command staff.''
Among the committee's 24 recommendations:
The police department needs a proactive plan to respond
to politically driven
demonstrations.
The department needs a system with managerial coordination
and direction,
with a chain of command that has clear goals and objectives.
The department should design clear rules for the use of chemical agents.
No elected city official should ever interfere with police
officers at the scene of a
disturbance.
The last recommendation, proposed by Milián, addresses
concerns that Regalado
may not have been acting as a peacemaker that January evening.
Shortly after the disturbance, an aide of Miami Mayor Joe Carollo
supplied
videotaped footage of Regalado to authorities. Regalado and Carollo
are foes.
Reached Tuesday, Regalado scoffed at that section of the report
that cites
interference.
``I think elected officials should get involved. It's our responsibility
to try and
maintain the peace,'' he said. ``And what does interfere mean?
When they let me
know, I'll tell you if I agree.''
Ad Hoc Committee member Jose ``Pepe'' Herrera said the police
department
overreacted in many instances during the April blowups. Herrera
is Regalado's
appointee.
``When we have something as emotionally charged as this, I think
that the level of
tolerance [by the police] that should be deployed, should be
no different than if
the Miami Dolphins won the Super Bowl or the Florida Marlins
won the World
Series,'' Herrera said.
The report follows the June release of an internal report by the
police department
that absolved it of blame but found officers could have handled
both street
disturbances better.
Milián suggested that the department use television news
and all other available
information to help it monitor disturbances in the future.