Charges Dropped Against the Last Defendant from Cinco De Mayo 2006 Copwatch Case

FOR IMMEDIATE RELEASE

Charges Dropped Against the Last Defendant from Cinco De Mayo 2006 Copwatch Case


5/12/08 San Jose, CA—Two years after six local activists were arrested on Cinco de Mayo at Story and King Roads on the Eastside of San Jose, the Santa Clara County District Attorney’s office dropped all charges against the last of the defendants, Brian Helmle. The charges stem from Mr. Helmle’s arrest, along with five others, for their participation in a speakout against police brutality and copwatch on May 5, 2006. A press conference has been called by Mr. Helmle and his supporters for 12:00 pm on Wednesday May 14, 2008 at the Santa Clara County Superior Court at 190 West Hedding Street, San Jose.

Mr. Helmle, the last of the six defendants (the Eastside 6) received written verification today that all charges had been dropped against him “in the interest of justice.” This is in stark contrast to the treatment of the other defendants who were either convicted or were convinced by their public defenders to settle for charges that included battery on an officer, unlawful assembly, and resisting arrest. “After two years of fighting these charges to defend the legal right of the people in this country to observe and record police behavior, the racism that we were trying to confront on Cinco de Mayo was borne out by the way the legal system treated us. Of the six of us, I was one of two white people and I was the only one who could afford a private attorney through help from my family, and I think that those are the only reasons why my charges were dropped” said Mr. Helmle.

“I commend the District Attorney’s decision to drop the charges against my client,” said Matthew Siroka, Mr. Helmle’s attorney. “In the face of intense pressure from the San Jose Police Department to continue with trial, the DA’s office made the right decision.”

The press conference this Wednesday will include Mr. Helmle, co-defendants from the Eastside 6, and several participants in the DeBug Complaint Intake Program (a group of families assisting each other in seeking justice in police and judicial misconduct cases) whose experiences highlight a pattern of abuse and an ineffective legal system in San Jose.

Two years ago, on May 5th, 2006 a Cinco de Mayo celebration took place to be followed by a copwatch to observe and record police behavior toward Mexicano and Latino people. The event was a response to numerous complaints of police racial profiling, harassment, and brutality in the Eastside and Downtown San Jose during Cinco de Mayo. At the intersection of Story and King, hip-hop and spoken word artists performed for a crowd of 200 mostly Mexicano and Chicano youth. Neighboring businesses gave their support by passing out free drink samples to revelers. Small teams of copwatch participants had planned to fan out after the event with video cameras to monitor police behavior. While the police initially verbally approved the gathering to its organizers, police returned in riot gear, declared the gathering an unlawful assembly, and advanced on the crowd with batons. The police targeted the participants who were carrying video cameras and bullhorns with arrests and beatings. A performer and his companion were arrested, along with four of the copwatch participants, who were carrying video and still cameras. The citations included outrageous felony charges, such as "lynching" and assault on an officer with a deadly weapon (allegedly, the arrestee/victim's foot), which were later dropped leaving the defendants to face misdemeanor charges during the next two years.

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