Here are a few questions and answers we put together to help people that are not familiar with the legal aspects of the case to understand what exactly is going on.
What happened? In October 2006, a Special Investigations Unit of the New York Police Department performed a search of writer, artist and publisher Alain KET Maridueña's From Here to Fame (FHTF) home office. They seized documents, computers, art supplies and equipment used in publishing three of FHTF's titles. The seized materials included historical photos being used for an upcoming book on the history of New York City's graffiti movement, images for a book being published with Michael O'Mara books from London and slide shows for university lectures. As an artist, historian and journalist, all of the materials seized are used for work purposes and pose no risk to anyone. The seized property was to be analyzed and, if deemed criminal by the District Attorney's office, indictments would be handed down.
In March 2007, police returned to Alain's home to arrest him on criminal mischief charges, violating an agreement that Alain's lawyer, Daniel Perez, and the District Attorney worked out for Alain to voluntarily surrender. At the time, Alain was out of town and the Brooklyn District Attorney's office was forced to work with Perez to arrange for Alain to surrender to face formal indictment charges in three separate counties.
On March TK, 2007, Alain turned himself into the Brooklyn District Attorney's office and was charged with three counts of criminal mischief in the second degree, a class D felony. After being released on his own recognizance by the judge, Alain was re-arrested and taken to Manhattan to be formally indicted there. On his way out of the courthouse, photographers snapped photographs of Alain which indicate that the case was larger than previously imagined. Alain spent the night in jail in Manhattan before seeing Judge Yates in the morning. The charges in Manhattan amounted to nine separate charges ranging from criminal mischief in the second degree to possession of graffiti tools. Unlike the Brooklyn judge who released Alain on his own recognizance, Yates granted the District Attorney's request for $50,000 bail. For the next week, Alain sat in jail coordinating with friends and family to raise the needed bail money. Queens County's indictment was still pending.
On March TK, 2007, Alain was transported from his cell in the Manhattan correctional facility to a Queens court to face indictment. In this case, the judge did not grant the District Attorney's request for $50,000 bail and instead reduced the bail to $10,000. From Queens, Alain was transported back to his cell in Manhattan until all the bail money could be raised. He was finally released on March TK, a full week after surrendering to the District Attorney. Today, Alain faces a possible 20 years in prison in what has become increasingly clear is a politically motivated attempt to silence a writer, publisher, historian and artist whose work popularizes an art form criminalized by city government policy.
What were Alain's charges? The following is a breakdown of the charges faced by Alain Maridueña in New York City as of 4-12-07.
Re: People v. Mariduena, Ind. No. 849-2007 (New York County) People v. Mariduena, Ind. No. 1730-2007 (Kings County) People v. Mariduena, Dkt. No. 2007QNO13440 (Queens County)
Kings County 2 counts: Criminal Mischief in the Second Degree – Class D felony
Queens County 1 count: Criminal Mischief in the Second Degree – Class D felony
New York County 7 counts: Criminal Mischief in the Second Degree, in violation of penal law 145.10 – Class D felony 2 counts: Criminal Mischief in the Third Degree – Class E felony, in violation of penal law 145.05(2) 1 count: Possession of graffiti tools, in violation of penal law 145.65 – Misdemeanor
Any 2nd degree conviction carries a sentence of between 1 to 3 years (minimum) and 2 1/3 to 7 years (maximum).
Why is he being charged in three separate counties? Alain is being charged in separate counties because the incidents of alleged graffiti he is being charged with took place in the three separate counties over a few years span. It is New York City policy to prosecute criminal cases in the borough that the crime was committed.
Why is graffiti a felony? Graffiti is a felony when the estimated damage to the property exceeds $1,500 US dollars. This became law in the 80s when the City of New York was trying to combat the wave of graffiti that existed on the subway trains. Rather than create programs to educate the youth offenders, the city decided to further criminalize the act in order to be able to ask for jail time for offenders. Before this, graffiti was a misdemeanor crime punishable by fine or community service or both.
What's the worst that can happen to Alain? Alain can be convicted at trial and receive a sentence of 3-7 years for each felony count he is charged with. The case against Alain KET Maridueña is precedent-setting and the outcome will determine whether artists, journalists, intellectuals and anyone exercising their right to free speech can, in fundamental violation of the United States Constitution, be criminalized merely for their ideas. Like other cases that challenge our democracy, this is a test case for how far the government can reach, unopposed, into colleges, universities, museums and even our homes to silence free speech, thought and inquiry. The issues are fundamental – freedom of speech, freedom of expression and academic freedom – and defending these rights is vital.
Does Alain have a criminal record? Alain has a clean record with no felony convictions.
What can I do to help? Get more information about setting up outreach events, donating to Alain's legal defense, and spreading the word about his case here.
We hope that this helps answer any questions you may have had. Thanks for your support.