November 7, 2004
MIAMI BEACH POLICE SERGEANT PAUL MASTERS ACTIONS, THREATENS MEDIA AND FIRST
AMENDMENT RIGHTS
MIAMI BEACH, Florida - According to what this publication has learned, on
October 11, 2004, Sergeant Paul Masters of the Miami Beach police department
took part in some police activities at 621 Washington Avenue. Oscar Maita, a
businessman of that same location, was troubled with the officer's actions and
with camcorder in hand, went to the medium strip of the avenue and stood on the
strip to film the action.
This recording obviously caused the Sergeant some discomfort and proceeded
to tell Maita to cease. What happened is all a matter of the police records.
City Debate received a copy of the police report written by the arresting
Sergeant.
It reads that Maita was filming and did not stop when the officer told him
to. Masters then approached him and confiscated his camera, then proceeded with
a formal arrest. Maita was reported to have slapped Masters' hand during the
handcuffing procedure.
The County Court records stated Maita was charged with first; violating
State Statute 934.03, "Interception and disclosure of wire, oral or electronic
communications", a felony. Charge two; State Statute 784 - "Battery", also a
felony and charge three; 843.02 "Resisting an officer without violence", a
misdemeanor.
Maita was taken to the County jail and had to post a bond at a cost of
$1,100 (10%) to cover the $11,000 bail bond needed for his release. The arrested
claims his camera was confiscated and so to his wallet, presumably containing
sum amount over $1,000.
This writer went to the hearing dated November 2nd 2004, held in the
courtroom (1351 N.W. 12th St. courtroom 4-8) with Judge Israel Reyes presiding.
Shortly after my arrival Attorney David M. Edelstein entered. He stated he was
representing the accused. The judge called the case and Edelstein requested a
continuance until November 23rd. Judge Reyes approved this and so motioned the
continuance until that date.
Outside the court room, it was found out by this writer, that the
prosecution was bargaining to drop the "Communication Interception" charge (see
previous court case) and as well the "Felony Battery" and "Resisting Without
Violence" charges, however the prosecution still wanted a lesser misdemeanor
charge to stand for the "Slapping the Sergeants' hand".
Mr. Maita was not available during court for further questions nor was
Sergeant Masters. Only the defendant's attorney and a State prosecutor stood
before the court.
It is nice that the prosecution dropped the officer's charges but the
defendant spent a night in jail, forked over $1,100 to a bail bondsman and now
has attorney costs. Certainly the memories of a night in jail will haunt the
accused for years to come. Might this arrest lead to counter charges of The City
of Miami Beach by Mr. Maita?
It appears that West Palm Beach (Freelance journalist arrested after
photographing voting lines ) also has an officer who already has copied the
Miami Beach Sergeants' dislike of public photography. For this past week a
journalist was arrested for taking pictures of voter lines. The charges are
different but the act of photographing is the root cause of the charges.
We intend to follow the Miami Beach case story and the West Palm Beach one,
to their completions. Stayed tuned to City Debate…
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