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ASSOCIATED PRESS

Pesquera, 3 Others Charged With Inciting A Riot

June 29, 2002
Copyright ©2002 ASSOCIATED PRESS. All world rights reserved.

SAN JUAN (AP) - San Juan Superior Court Judge Elizabeth Linares ruled Friday evening that there was cause to arrest New Progressive Party (NPP) President Carlos Pesquera and three other party leaders on charges of riot for the violent incident that occurred last week at the Women’s Advocate Office.

Bail was set at $100 for each defendant - Pesquera, NPP Electoral Commissioner Thomas Rivera, and former legislators Edwin Mundo and Leo Diaz - which was posted by party founder Luis A. Ferre.

If convicted, the political aspirations of Pesquera and Mundo could be ruined as the law prohibits anyone convicted of a crime to run for an electoral post.

Following her ruling, Linares, who was appointed to the post by former Gov. Pedro Rossello, said what had occurred was "very sad for all Puerto Ricans" and added that "respect is a synonym of peace."

After listening to the daylong probe, including final arguments by the prosecution and the lead council of each of the defendants, Linares quickly issued her ruling close to 10 p.m.

Linares ruled that the prosecution had failed to present evidence to sustain 7 of the 11 charges against the defendants and scheduled a probable cause hearing for Aug. 27.

Prosecutor Jose Capo said he would appeal Linares’ ruling.

A report from a Forensic Institute technician that revealed that the Women’s Advocate Office front door was broken from the inside out and the testimonies of attorney Olga Lopez, as well as the written sworn statement of Alina Luciano, were enough for Linares to rule that no evidence sustained charges filed against Pesquera for damage to public property and aggression.

The testimony of office employee Rafael Garcia, as well as that of Denis Arroyo, was enough to relieve Mundo from the charge of restriction of liberty because Linares argued that it was clear that the employees maintained control of the Women’s Advocate Office front door. A charge of aggression against Mundo also failed to sustain as alleged victim police agent Jose Marrero testified that the former legislator had not kicked him intentionally.

One count of riot against NPP follower Peter Muller was not sustained as the only witness referring to him was unable to identify him in court.

All charges were filed against the group Thursday, one week to the day in which the NPP leaders arrived at the Women’s Advocate Office to place the U.S. flag alongside the Puerto Rican flag inside the lobby.

Women’s Advocate Maria Dolores Fernos had agreed to let Pesquera and the media inside the office to place the flag, but according to witness testimonies, the party president always said "three people, three people" would go in.

Following a press conference inside the facilities, witnesses said Mundo wrapped chains around the door handles outside the advocate office and yelled to reporters "you won’t get out unless we go in."

What occurred soon after, according to Garcia’s testimony, was that the doors were broken open, and the melee of people, lead by Pesquera, rushed in and placed the flag, injuring several people along.

After listening to the probe, Linares agreed that the elements of a riot did occur at the office on June 20 during the incident.

Outside the courtroom, Pesquera and the rest of the defendants were confident that the charges would be dropped during the probable cause hearing.

"It was proven that there was a fabrication of charges that could not be defended in court," Pesquera said.

Diaz, Mundo, and Rivera all argued that Gov. Sila Calderon was behind the filing of the charges.

Outside the courthouse, the group was awaited by hundreds of demonstrators carrying American flags and lighting candles.

The leaders were cheered and applauded.

Although Linares had noted that what had occurred last week was very sad, one of the defendants against whom the charges were dropped showed no repentance.

"I will go to every government agency that my leader Pesquera wants to go and place the American flag," Muller told the crowd that applauded him.

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