Judge orders 470 GOP protesters released
(Agencies)
Updated: 2004-09-03 09:18

New York - A judge ordered the immediate release of nearly 500 protesters just hours before U.S. President Bush's speech at the Republican convention, then fined the city for refusing to comply with his order.

State Supreme Court Justice John Cataldo fined the city $1,000 for every protester held past a 5 p.m. deadline that he had set for their release. It was unclear how many detainees were still in custody, but Cataldo had ordered the release of 470 people. (special coverage)

Anti-Bush protestors hold up signs outside New York's Madame Tussaud's Wax Museum, where the New York delegation to the Republican National Convention were holding a reception on Thursday, Sept 2, 2004. [AP]

"These people have already been the victims of a process," Cataldo told the city's top lawyer. "I can no longer accept your statement that you are trying to comply."

There were accusations that the city was deliberately holding the protesters longer so they would not be in the streets during President Bush's speech Thursday evening. Police have been preparing for heavy protests in the city directed at Bush, and hundreds of demonstrators were already gathered at Union Square Park, about 15 blocks south of the convention site, Madison Square Garden.

"The evidence shows that the city told defendants that they would not be released until George Bush went home," said Dan Alterman of the National Lawyers Guild.

AIDS activists protest in New York's Grand Central Station Thursday, Sept 2, 2004, on the final day of the Republican National Convention. About 100 well-organized protesters gathered on a pre-arranged signal for a short, noisy demonstration during the morning rush hour, calling on the president to do more in the fight against AIDS. [AP]

The New York Police Department denied the charge.

"The allegations that the NYPD was purposely holding demonstrators until after the president of the United States left New York City was part of a deliberate misinformation campaign," police spokesman Paul Browne said.

City Corporation Counsel Michael Cardozo earlier tried in vain to convince the judge that the city was trying desperately to comply with his wishes.

"We can't just open the jails of the city of New York and let everybody out," Cardozo said. "We're not trying to flout your honor's order. ... We're doing everything humanly possible."

A protester dressed in a costume and holding a 'SmushBush' fly swatter is seen during an anti-war rally a few blocks away from Madison Square Garden in New York Thursday Sept 2, 2004, on the last day of the Republican National Convention.  [AP]

More than 1,700 convention protesters have been arrested since last week — nearly 1,200 of them on Tuesday during a long-planned day of mass civil disobedience.

The judge's decision was hailed by attorneys for the demonstrators.

"They have to release them right now," said veteran civil rights attorney Norman Siegel. "The judge, to his credit, said, `Enough.'"

About 50 of the detainees had launched a hunger strike Thursday to protest their extended time behind bars while awaiting arraignment. They were turning down the sandwiches and milk served three times a day until everyone was freed.

On Thursday, New York commuters were greeted at Grand Central Station by about 100 demonstrators unfurling banners and releasing colorful balloons urging President Bush to do more in the fight against AIDS. There were 26 arrests.

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