December 2003    

We print below a report on the fifth day of the trial of  Hostos Community College student leader, Miguel Malo, which continued on Friday, December 5.

In Day 5 of the trial of Hostos Community College student leader Miguel Malo, important facts were revealed in the cross-examination of prosecution witnesses.

The day started with a spirited demonstration of Malo’s supporters outside Bronx Criminal Court. There were students from City University (CUNY) campuses, including Hostos, City College, Hunter College, Bronx Community College and the Graduate Center, along with several left organizations. The centerpiece of the protest was a banner by the Hostos Student Government calling to defend Miguel and for free tuition and open admissions. Protesters chanted, “Stop the frame-up, drop the charges,” “CUNY is not a prison, defend Miguel Malo,” “CUNY students say, No police state,” and “War on Iraq, CUNY under attack.”

Inside the courthouse, the blatant contradictions in the prosecution’s concocted story began to come out as defense attorney Ron McGuire questioned “peace officer” Joseph Cruz and Hostos security chief Arnaldo Bernabe. 

• Cruz, who was part of the “arrest team,” said that Malo “voluntarily dropped to the floor” and landed on his back in the center of the third floor atrium. Bernabe, who ordered the arrest, said that Malo “slid to the floor” while up against the far wall and was face down on the ground. 

• Cruz claimed his hand was injured by a loose handcuff, so much so that he couldn’t button his shirt, tie his shoes or write for days. Yet McGuire introduced into evidence the extensive notes in Cruz’s memo book written the very afternoon of the arrest. 

• The prosecution claims that Miguel Malo was “shouting” to students on registration lines. Security chief Bernabe said only that Malo was “talking loudly,” but so loudly he could hear him on the other side of the atrium. Yet Cruz, who was standing within a few feet of Malo, could not hear what he was saying to students who had come over to talk with him.

• The prosecution says Malo was arrested for violating a ban on demonstrations inside campus buildings which it claims was announced in a “Public Safety Announcement” that was posted and leafleted (which students deny). Yet according to the testimony, there was only one student with a sign and leaflets in the atrium, Miguel Malo. Bernabe conceded that this hardly constituted a “demonstration.” Bernabe also admitted that at the time he called in the arrest team and ordered Malo’s arrest there was no incident. 

• If all the contradictory cop testimony were to be believed, Miguel Malo would have had to fall to the ground on his stomach of his own volition, then be brought to his feet, then try to run to the far wall and pin himself against it, even though his right arm was being held and cuffed by a cop, then again voluntarily slide down the wall, this time landing on his back, all in the space of one minute. But the story is utterly unbelievable.

• Most importantly, Cruz admitted that during the whole time a struggle was purportedly taking place, he did not tell Miguel Malo he was under arrest. Furthermore, Bernabe under cross-examination said he also never told Malo he was under arrest nor heard any of his “peace officers” say this. Obviously, Miguel Malo could hardly be “resisting arrest” when he was never told he was under arrest until after it was over.
  

The judge continues to exclude details about the several arrests by the Hostos campus cops on 15 August 2001. Malo was thrown to the floor and brutally manhandled by the cops for exercising his right to speak with students, of whom he was the elected representative, objecting to the slashing of bilingual and ESL classes. Yet while campus security personnel have repeatedly claimed on the stand that they were upholding the First Amendment, the judge declared at the outset that the trial is “not about the First Amendment” or freedom of speech, and he has barred defense counsel from raising this issue in questioning.

The glaring contradictions in this frame-up are coming to the fore, but the whole judicial system is still stacked against Miguel. It is urgent to continue mobilization of support for Miguel Malo in the streets, on campus and in the courtroom.

We urge supporters of Miguel Malo to attend the trial taking place in Jury Room 7 of the Bronx Criminal Court, 215 East 161st Street in the Bronx, located one block east of Grand Concourse (take the 4 or D trains to the 161st Street stop).

URGENT: It takes money to effectively defend Miguel Malo. The state has unlimited resources. Miguel must rely on donations from his supporters. Right now, the defense is paying hundreds of dollars a day to obtain overnight transcripts of the court proceedings, which are vital to an effective cross-examination. Funds are urgently needed to pay for this. Please send as large a donation as you can to: Miguel Malo Legal Defense Fund, c/o Susan DiRaimo, 252 Fieldston Terrace, Bronx, NY  10471.

See also:
Defend Miguel Malo! (November 2003) 
Day One of Miguel Malo Trial  (1 December 2003) 
Day Two of Miguel Malo Trial  (2 December 2003) 
Day Three of Miguel Malo Trial  (3 December 2003) 
Day Four of Miguel Malo Trial  (4 December 2003) 

Click here to download flyer for December 5 demonstration (requires Acrobat Reader)