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 D.A. appeals dismissal of 2 Phila. protester cases 12/06/00 - by Linda K. Harris - Philadelphia Inquirer The District Attorney's Office is appealing two judges' decisions to throw out charges against two separate groups of protesters arrested during the Republican National Convention. In the case of three men who allegedly tussled with Police Commissioner John F. Timoney, an appeal on the charges thrown out by Common Pleas Court Judge Pamela P. Dembe has been filed by the district attorney and will be decided by a three-judge panel in Superior Court. The appeal could delay the trial for up to a year, defense lawyers said yesterday. In the case of five people arrested on misdemeanor charges during a protest in front of City Hall against the School of the Americas, the judge's dismissal based on "selective prosecution" will be appealed in Common Pleas Court. In the Timoney case, Darby Landy, 20, of Raleigh, N.C.; Eric Steinberg, 22, a University of the Arts student; and Camilo Viveiros, 29, of Somerset, Mass., saw dozens of felony and misdemeanor charges against them dropped after an October hearing before Dembe. The District Attorney's Office appealed to Dembe to reinstate the charges, but she refused. A status hearing is set for March 5. Howard Popper, attorney for Steinberg, said the latest appeal would cause a major delay in the trial. "The political nature of the case is the one and only reason they've taken this appeal, and it's an unfortunate turn of events," Popper said. Viveiros' lawyer, Robert J. Levant, said he and his client were disappointed. "We think Judge Dembe clearly made the correct decision." Cathie Abookire, spokeswoman for District Attorney Lynne M. Abraham, said the appeals in the separate cases were filed for different reasons. The District Attorney's Office disagrees with Dembe's decision in the case against the three charged with assaulting Timoney and other officers on Aug. 1, Abookire said. In the School of Americas case against Linda Panetta, 34, of Overbrook; Allison Styan, 17, of Lancaster; Laura Paget-Seekins, 20, and Rebecca Johnson, 21, both students at Oberlin College in Ohio; and William Brown, 31, of Fairmount, "we're not talking about the infraction in this case," Abookire said. "It's the assertion that we're practicing selective prosecution. We didn't select anyone to prosecute. Police arrested people, and they're in court now." In October, the Defender Association's Karl Baker successfully argued the motion regarding the five, who were arrested July 31, the first day of the convention. Municipal Court Judge James M. DeLeon ruled that because a similar rally honoring slain Police Officer Daniel Faulkner took place the same day and no one was arrested there, the only difference was one group was perceived more favorably, thus the charge of selective prosecution. Linda K. Harris's e-mail address is lharris@phillynews.com |
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