Private attorney meets with four charged at Punk Week gathering in Ann Arbor
Four of eight people charged with resisting police officers during a Punk Week gathering in Ann Arbor on Sunday met today with a private defense attorney.
Ann Arbor-based attorney Michele Kelly, who met for two hours with the defendants, said they had a right to assemble at Bandemer Park for a barbecue.
“They were not committing any crime by cooking the chicken,” said Kelly, who has not yet been retained by them.
Ann Arbor police are conducting an internal investigation into how they responded Sunday to a report of people smoking marijuana, lounging naked and having sex at the park on Lake Shore Drive.
Police say they ordered people to leave, but they refused, prompting what witnesses say was a heated exchange between officers and people who traveled to Ann Arbor from around the country for Punk Week.
Witnesses alleged officers used racial and homophobic slurs and were overly rough with people taken into custody. One witness used her cell phone to record short videos of an incident police say lasted at least 40 minutes.
Since news of the arrests broke, at least seven other defense attorneys have taken an interest in providing legal assistance in the case, Kelly said.
"A lot of people are watching this case,” Kelly said. “Deep down, everybody wants the system to work and that means everyone has to play fair.”
Kelly said she was walking her dog near the park on Sunday when some young men and women ushered her away, telling her she would be arrested.
The eight arrested Sunday are charged with resisting and obstructing police officers and disturbing the peace. They are scheduled to return to court for preliminary hearings Aug. 25.
Three remain at the Washtenaw County Jail, being held on $2,500 bonds with the right to post 10 percent, officials said this afternoon.
According to a MySpace page for Punk Week, it was started by a small group of friends who “thought it would be a good idea to have a whole week of events just for the fun of it and to see what they could get away with.” The event includes a shopping cart race.
Kelly said the defendants planned to leave the city, but are now staying here looking for work.
"They were all just coming here for the festival, and now they're just stuck," she said.
Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and e-mail at leehiggins@annarbor.com.
Comments
rusty shackelford
Mon, Aug 23, 2010 : 8:42 a.m.
Um, you people know the difference b/t a criminal and a civil case, right? There are no "multimillion dollar settlements" for defending someone in a criminal case. Your collective ignorance is astonishing. Lawyers who defend the least popular, least powerful elements of society in court are living up to the highest calling of the profession.
g0ttin
Sun, Aug 22, 2010 : 9:21 p.m.
This is a completely bias comment and personal observation... My roommate in college was very Punkesque and reminds me of the same 'punks' here, someone who I very much liked and still remain in contact today. I was a goody two shoes, she not so much. We attended the 'other' school and various events years ago that ended up on CNN;) She imparted her 'wisdom' on dealing with police; if arrested scream bloody murder the second you start to be handcuffed, fight (yes, resist arrest) and if possible run away. Your odds of getting the case dropped can increase if you can prove it was mishandled, even if you are yes, resisting arrest. Good advice? Bad? Probably Bad. Thankfully my parents raised me well enough to know not to get involved with anything that would lead to an arrest in the first place. Still, the video brought back interesting memories...
Milton Shift
Sat, Aug 21, 2010 : 7:03 p.m.
"Resisting arrest" is the charge officers stick on people after using excessive force.
Charles
Sat, Aug 21, 2010 : 5:52 p.m.
1) An Officer of the law should abide and enforce the laws created by our majority. 2) The accused Officers must be investigated under the "Harm Principal" attached to our Freedom of Speech. 3) Without these investigations it's assumed Systematic Abuse can be utilized. 4) Where are the squad car tapes, intended to protect the Police, in such controversial time?
sheeple
Sat, Aug 21, 2010 : 3:43 p.m.
So some punks showed up for Punk Week? I didn't see that coming. Now that Facebook is the titan of social networking, I guess clinging to Myspace indicates punk tendencies.
Historic District
Sat, Aug 21, 2010 : 1:10 p.m.
I hope that this attorney has the time, resources and will to set all 4 of these R&O cases for jury trial. If so, it'll be interesting to see if law enforcement is actually willing to pursue this matter. I, personally, think they're bluffing. And I hope that she calls this perceived bluff.
Thom in Ann Arbor
Sat, Aug 21, 2010 : 12:34 p.m.
Why do we keep referring to this thing as "Punk Week," as though it is something as legitimate as "Art Fair" or "Shakespeare in the Arb?" How about, "... the so-called Punk Week... " or "... this bizarre gathering that the organizers refer to as Punk Week... " instead?
green1
Sat, Aug 21, 2010 : 11:13 a.m.
The police officers had legal right to ban these folks from the park after citizen complaints about the behavior of the group members. A2 City Code states, "Any person who, while in a park, violates these regulations or other ordinances or laws or engages in activity which unreasonably interferes with the peaceful use of parks or neighboring property by others may be barred from a park or parks by the Community Services Area Administrator, Public Services Area Administrator, or designee, or any police officer...." IF the officers told them they needed to leave and they didn't, a misdemeanor was committed in their presence; thereby, justifying the arrests.
ShadowManager
Sat, Aug 21, 2010 : 10:17 a.m.
"Kelly said the defendants planned to leave the city, but are now staying here looking for work. "They were all just coming here for the festival, and now they're just stuck," she said." Poetic justice if there EVER as any. I laughed long and outloud reading this quote in the article. So, sometimes The System does work. Still lol'ing.
Craig Lounsbury
Sat, Aug 21, 2010 : 6:56 a.m.
"We haven't had anything close to this type of civil outrage for a long time." Free the Punk 8!!!!! Free all political prisoners!!!! Up against the wall #@%*&.... Tin soldiers and Nixon coming....
actionjackson
Sat, Aug 21, 2010 : 5:23 a.m.
xmo> Congratulations on your winning the absolute longest sentence I have ever read! I am still attempting to find even a little bit of logic? Congratulations to all involved. We haven't had anything close to this type of civil outrage for a long time.
Jef Porkins
Sat, Aug 21, 2010 : 3:44 a.m.
The reason these kids aren't leaving town is because they need to go to court now. They could skip town and compound their problems, but they are abiding by the law. A good reason for the lawyer to want to take this case based on yesterday's article is the fact that the article gave very little reason for these kids to get arrested. The article said they were arrested for resisting arrest. It never said what they were arrested for initially to actually resist. It makes it sound fishy, whether it is due to bad reporting or bad police work. stevek -The article doesn't mention any frivolous lawsuits, the "punks" are being defended by their lawyers for whatever they were arrested for. The article mentioned an internal investigation of the police, but not a lawsuit, frivolous or otherwise.
loki
Fri, Aug 20, 2010 : 11:10 p.m.
if you advertise on Myspace, you are NOT punk
pbehjatnia
Fri, Aug 20, 2010 : 11:06 p.m.
1. sounds like counselor kelly is in need of casework and free marketing. 2. they would need to bath and wash their clothing to get a job. 3. i live on west summit. i am thrilled to pieces to see that it appears they are being evicted from the north main and west summit houses.yay! don't let the door hit ya your dirty caboose!
snapshot
Fri, Aug 20, 2010 : 10:44 p.m.
good for all the attorneys taking an interest in this case. I watched the video and for those of you who don't think excessive force was used by the officer who tackeled the girl and yanked her up by her arms while handcuffed behind her back, I welcome you to participate in an experiment where you suffer the same abuse. then let's see if you think "she got what she deserved" when you can't raise that silver spoon to your mouth. These attorneys you critizize are a thin line between you and an out of control police force. The next cop you run into might not like you, what are you going to do then?
Fat Bill
Fri, Aug 20, 2010 : 10:35 p.m.
I work in the same area of town (main and summit) where these punk folks decided to gather. We've found them camped out on private property, wandering around in traffic, letting their dogs(why do they bring their dogs?) wander around. To each their own, but when you cause the standard of living to go down in a neighborhood, you should expect some friction. I agree with the other posters; the defense attorneys will be happy to help with the criminal case as long as they get to play with a potential civil case and the $ettlement...
jcj
Fri, Aug 20, 2010 : 10:28 p.m.
I give up! Lets just pass an ordinance that says as long as you say you did nothing wrong you are free to go!
bunnyabbot
Fri, Aug 20, 2010 : 9:52 p.m.
what a joke!
jcj
Fri, Aug 20, 2010 : 9:22 p.m.
@Homeland Conspiracy Yea we can play judge and jury just the same as all the bleeding hearts that have the police convicted of police brutality! If you are truly looking for justice then you should also chastise those who say it was false arrest when they were not there either! But I don't suspect you will do that and that more than words shows Your bias!
Homeland Conspiracy
Fri, Aug 20, 2010 : 9:08 p.m.
Do any of you know the "punks" involved? Do any of you know the police involved? Were any of you there when this happened? No? But yet you can sit & play judge, jury, & (if you could)executioner! Punks not dead & neither is Xenophobia. If your so worried about wasting money, then you should think about protesting the new city hall. Also there's more to life than a job. What causes frivolous lawsuits? frivolous harassment.
stevek
Fri, Aug 20, 2010 : 7:41 p.m.
@Chai--so must filing frivilous lawsuits. Maybe you could give these "punks" jobs.
Craig Lounsbury
Fri, Aug 20, 2010 : 7:31 p.m.
There is often subtle distinction between "police brutality" and resisting arrest.
stevek
Fri, Aug 20, 2010 : 7:31 p.m.
@Chai--so must filing frivilous lawsuits. Maybe you could give these "punks" jobs.
L'chaim
Fri, Aug 20, 2010 : 7:22 p.m.
Punks not dead, but a public sense of justice is, judging from these comments. Police brutality must be punished.
Lynn Lumbard
Fri, Aug 20, 2010 : 6:32 p.m.
Kind of like ambulance chasing with a different twist. Cheaper than 1-800-callsam ads. It will be interesting to see which attorney gets this one, though I'm betting on Kelley.
Indicat
Fri, Aug 20, 2010 : 6:26 p.m.
Zeeb Road Meijer needs to pull their security tapes. This sounds like the group of people who were at the store on Sunday, going into the store in small groups, and then converging on the store as a large group. And I agree with Macabre Sunset.
Craig Lounsbury
Fri, Aug 20, 2010 : 6:25 p.m.
"Kelly said the defendants planned to leave the city, but are now staying here looking for work." Something tells me the timing on that idea is probably not the best.
Craig Lounsbury
Fri, Aug 20, 2010 : 6:21 p.m.
"Since news of the arrests broke, at least seven other defense attorneys have taken an interest in providing legal assistance in the case...." all hoping to catch lightening in a bottle with some sort of multi million dollar settlement.
Craig Lounsbury
Fri, Aug 20, 2010 : 6:17 p.m.
"They were not committing any crime by cooking the chicken, said Kelly," On the other hand they weren't charged with cooking chicken.
xmo
Fri, Aug 20, 2010 : 5:47 p.m.
Thank goodness, we elected Democrats who get money from trial lawyers so they can pass laws so that when they sue the city of ann arbor police department they have a good chance of winning even thought they probably do not have a good case. Keep voting smart!
stevek
Fri, Aug 20, 2010 : 5:37 p.m.
What a complete waste of time, money, and other resources. I know they have a right to make these ridiculous claims, but this has turned into a circus. It is unfortunate that when the AAPD is found innocent, there will be no ramifications for the "punks" actions. BTW--I can't believe that they are staying here looking for jobs. I'm sure with their outstanding behavior and work ethics they will have no time finding a job, but when they don't, they could probably file another lawsuit for discrimination.
Macabre Sunset
Fri, Aug 20, 2010 : 5:16 p.m.
Nice. Always pleasant to try your case in the media when you know you don't have a chance in court otherwise. If I ever need a local attorney, Kelly & Kelly is off the list.