Freedom of Speech v. Public Safety
“It was a no-win situation. I was never going to please the protesters, but I did the best I could,” Incident Commander Gonzales said, addressing the jury in the fourth day of trial before Judge Johnson. Seated in the witness stand, in the elegant Rio Grande Courtroom of the U.S. Federal District Courthouse, mid-level (up on the 3rd floor for the curious onlooker), the case of Lynn Buck et al. v. City of Albuquerque, Mayor Martin Chavez, Nick Bakas et al., completed its fourth day of trial. It has been nearly 7 years since the large anti-war protests of March 20, 2003 were met with a storm of tear gas, pepper spray, and battered spirits. Many remember the protests, happening between the UNM bookstore and the Frontier Restaurant, like they were just yesterday.
The long-awaited trial has finally arrived. After an opinion issued from the 10th Cir. on July 28, 2008, stating that the officers were not entitled to qualified immunity, the case this week took a small step forward in finally coming to justice. Attorney for the plaintiffs, Cammie Nichols of Rothstein, Donatelli, Hughes, Dahlstrom, Schoenberg, Bienvenu, LLP, grilled Commander Gonzales over the “less-than-lethal” munitions ...
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