From: "Jim Lesczynski" jim@manhattanlp.org To: lpaz-discuss@yahoogroups.com Subject: [lpaz-discuss] my arrest yesterday Date: Fri 10/08/04 07:06 AM So I'm heading into the subway at 42nd Street and 8th Avenue yesterday morning around 8:45 a.m. on my way to work. I have a monthly unlimited-ride Metrocard that I purchased less than a month ago for $70, and I swipe it through the card reader at the turnstyle. The ubiquitous "SWIPE AGAIN" message pops up on the display, indicating that the machine was unable to read my card. I swipe the card again, and again, and again, and again. No luck. Desperate, I move to the next turnstyle, which I know is not recommended in these situations, because the card reader sometimes interprets the previous failed swipe as the card being "JUST USED" and won't let you pass through, because the "Unlimited Ride" Metrocard is actually limited to one usage every 18 minutes. However, that restriction isn't a problem. Instead, the second turnstyle still can't read my card at all. I swipe it about 20 times to no avail. I look back at the tokenless token booth and think about asking the agent for assistance, but there's a line 10 customers deep. Then I notice that the service gate is open, and I decide that since I already paid for unlimited service and the card or card reader isn't working for whatever reason, I might as well just head through. I get about 50 feet into the concourse, and a plainclothes cop flashes his badge and asks, "Is there any reason you just sauntered through the gate without paying?" I explain the problem with my unlimited-ride Metrocard. He asks for my ID. I hand it to him, and he instructs me to follow him around the corner, where a pack of about 20 plainclothes cops--some with prisoners in tow--are milling about. He hands my driver's license to one, points to me, and says, "This one," and walks away. The new cops explains, almost apologetically, "This is a transit sweep. That was my my lieutenant. If it were up to me, I'd just issue you a summons for fare evasion, but the lieutenant says I have to arrest you, so I have to do it. I'm going to handcuff you now. Place your hands behind your back." I try explaining again about my unlimited-ride Metrocard and how I had no reason whatsoever to evade the fare. He said there was nothing he could do about it, and I would have a chance to explain it to a judge in a month or so. He was going to take me to the station and process me, and then issue me a desk appearance ticket, after which I would be free to go "in a few hours". So he paraded me in handcuffs through the concourse and up the stairs to a waiting police truck with three other transit-sweep perps already in back. They drive us to the station house inside the Columbus Circle subway station at 59th Street. The officer asked some basic questions about my identity, then confiscated my shoelaces, belt, necktie, glasses, keys, wallet and shoulder bag. For some reason, he gave me the $200+ in cash from my wallet to hold while in the cell, and he let me keep my watch. The computers went down, naturally, and they couldn't process me or anyone else until they came back online. That didn't happen until after noon. Finally, around 2:00 p.m. they took my fingerprints and mugshot. (I don't know why they couldn't have done that while waiting for the computers to come back up.) Then we had to wait for the computers to digest all the information and confirm that I didn't have any outstanding warrants. Finally around 3:30 p.m. I was issued a desk appearance ticket and released. I am scheduled to appear in court on November 8th to defend myself against misdemeanor counts of theft of services and trespassing. I intend to plead not guilty on both counts. I don't see how I could be guilty of theft of services when (1) I paid for the service and have a receipt, and (2) I didn't even get to use the service. I also would like to know how I could possibly be guilty of trespassing in a public place. I'll let you know what happens. I think Dawn summed it up well when she observed, "They never arrested you for all the other stupid stunts you've pulled, but they bust you for this?" Jim Lesczynski