Hurry up and wait: Judge doesn't see motions papers until day of court

On June 28, 2013, twenty-five people, many of them wearing their Enough is Enough t-shirts, gathered at the Liberty Pole in downtown Rochester on the gray and drizzly day. The rally was called for by Enough is Enough and was supporting Benny Warr who had a court hearing before Judge Stephen T. Miller at 2 p.m. Mr. Warr is charged with disorderly conduct and resisting arrest.

On the evening of May 1, Mr. Warr was waiting for the bus in his motorized wheelchair at the intersection of Bartlett St. and Jefferson Ave. when Rochester Police Department officers arrived to “clear the block.” Officers told Mr. Warr to “Move the fuck on,” and when Mr. Warr explained that he was just waiting for the bus, officer Joseph “Joey” M. Ferrigno II sprayed OC directly into his eyes and face. Officer Anthony “Rock” R. Liberatore then took it upon himself to violently tip Mr. Warr's wheelchair on its side throwing the disabled, African American man onto the sidewalk. Both officers proceeded to kick, punch, and knee Mr. Warr, with officer Liberatore landing a downward elbow strike directly to his head. Sargent Mitchell “Big Face” R. Stewart II arrived as the other two officers were brutalizing Mr. Warr and “assisted” by kicking, kneeing, and finally handcuffing Mr. Warr. He was taken to Strong Memorial Hospital for his injuries. The police attack was videotaped by bystanders and posted to the internet.

The group marched down the sidewalk of Main St. chanting, holding signs, and handing out literature with four police cruisers and a number of bicycle cops in tow. Upon arriving at the Hall of Justice on Exchange Blvd., Mr. Warr thanked everyone for coming with another five or six people joining the rally. There were a number of speakers who spoke about the injustices and the indignities perpetrated against not only Mr. Warr, but scores of other people of color all over the city. There were videographers present, so expect to see some video of the event in the future.

Enough is Enough filed into the courthouse at just about 1:50 p.m. The courtroom was filled as people waited for Mr. Warr's case to be called. After Judge Miller started court, Mr. Warr's case was number two.

A sidebar was held with the judge, Assistant District Attorney Destini Bowman and Charles Burkwit. After a brief conference, the lawyers went back to their respective sides and the judge explained that even though the motions were filed on May 31, he had only received the papers on June 28. Therefore, he postponed the arguments for the motions filed by the defense and the state until July 26 at 11 a.m.

As the next case was being called, some 30 or more people rose, many wearing Enough is Enough shirts, and left the courtroom.

“I was puzzled,” said Burkwit, Mr. Warr's lawyer, “that the motions were filed on May 31 and the judge didn't get the papers until today.”

There was no offer by the DA.

For upcoming events, please check out: Enough is Enough (Rochester, NY) on Facebook or Enough is Enough on Rochester Indymedia