CMPD blocking access to arrested protesters, attorneys say
A group of Charlotte attorneys representing protesters are speaking out against Charlotte-Mecklenburg Police and their treatment of arrested protesters and their legal representation.
The attorneys described two experiences in which CMPD officers prevented them from speaking to their clients. On one occasion, attorney Amanda Wright said, officers in full protective gear threatened to arrest her.
“Since the protest began two weeks ago, CMPD has engaged in various behaviors that we believe are aimed at stifling the voices of the people, particularly members of the Charlotte Uprising movement,” said attorney Darlene Harris.
Harris added that CMPD has been acting in a “militarized manner that is excessive, unwarranted and aggressive.”
The group is around 15 lawyers strong, Harris said. They are representing the arrested protesters for free.
CMPD refused to comment on specifics of the incidents.
“CMPD is aware of this allegation, and an internal investigation is being conducted to ensure the actions of the officers involved were consistent with CMPD policy and procedures,” CMPD spokesman Blake Page said Thursday.
That’s far from enough, the protesters’ attorneys said.
Since protesters have been marching against police brutality and the death of George Floyd in Charlotte, CMPD has made more than 130 arrests, most commonly for failure to disperse and resisting arrest.
“None of these arrests we’re talking about are in the public safety interest,” said private criminal defense attorney Tim Emry. “You’re talking about issuing warrants (when the most serious charge is a misdemeanor).”
Activists from social justice group Charlotte Uprising have said that they have been targeted by CMPD while protesting. On Wednesday, their lawyers said CMPD has been arresting protesters to intimidate rather than for public safety. They also say CMPD has intentionally obstructed and delayed access to their clients.
Charlotte Uprising protester Jamie Marsicano said they were arrested on June 8 around 5 p.m. Bystander video shows an officer laying down his bicycle running toward Marsicano and forcing them on the ground.
CMPD arrested Marsicano following a scuffle earlier that afternoon involving CMPD Capt. Brad Koch.
Marsicano said on Wednesday that they only found out three hours later what they had been arrested for and that they were released around 4 a.m. the next morning.
“When I was asked I was given either no answer or answers that turned out to be incorrect,” Marsicano said.
CMPD said in a press release that the protester who was initially tackled escaped and that Marsicano was arrested for interfering.
When attorney Dominique Camm heard Marsicano had been arrested, he said he tried to enter the CMPD precinct where Marsicano was held. Multiple officers refused to let him in, he said, despite identifying himself as an attorney. When he was let inside, Camm said officers took down his home address and patted him down but never asked for his credentials.
“CMPD’s tone deaf aggression has remained constant,” Camm said. “... I speak up because I want other attorneys and protesters know that there’s a price for doing this work.”
Later on June 11, Charlotte Uprising activist Glo Merriweather was arrested along with four other individuals for impeding traffic, according to CMPD.
The protesters were ultimately charged with an infraction, Harris said, a charge lower than a misdemeanor and similar to a traffic ticket for speeding.
Attorney Amanda Wright said she tried to reach Merriweather after they had been sitting in the back of CMPD vehicle for over two hours. The vehicle was in CMPD’s headquarters parking lot and Wright said when she stepped toward the officers from the pavement, the officer started shouting at her that she was going to be arrested.
Wright said she was holding her attorney ID as well as her credentials identifying her as a member of the N.C. Bar Association and tried to communicate that she was Merriweather’s attorney. Merriweather said they told the officers that Wright was their attorney.
“(They said) we don’t care if you are attorneys, we will arrest you,” Wright said.
Merriweather said they tried to ask Wright to call a family member. Trying to hear the numbers, Wright took a step forward.
“That’s when the officer on foot came toward me, reached toward his waistline and said ‘if you take one more step you’re going to jail,” Wright said.
“The yelling was relentless,” she said. “There was no opportunity for us to have a conversation as to what was going on.”
