By Brian Zanzonico
The editor of the Malverne High School newspaper, who attended the convention as part of an elite group of honor students and was covering it for the paper, was charged with first-degree riot, a felony, and misdemeanors. He was cleared of all charges in Manhattan criminal court in December, but last Monday he took his first steps toward compensation for what he said was a violation of his rights.
At 17, Traslavina is too young to sue, so through his parents, Nilson and Eileen, he filed a lawsuit against one of his arresting officers in federal court in Manhattan on March 14. Traslavina is seeking damages for an alleged violation of his Fourth Amendment right against illegal search and seizure and his 14th Amendment right to equal protection under the law.
The suit names Detective Jack Sikorski of the 7th Precinct Detective Squad in the Bronx. According to Traslavina's attorney, Daniel Perez, an individual had to be named in lieu of the entire New York Police Department, because it is an entity that cannot be sued. Perez said they could sue the city, but only for policy claims and practice claims. The city cannot be sued for punitive damages, he said. The suit does not specify a desired dollar amount.
"I feel I want to be compensated for the violation of my rights," Traslavina said. "I feel in a lot of ways, this would exonerate me."
A spokesman for the NYPD said he could not comment on pending litigation.
According to the lawsuit, Traslavina was one of 180 members of the Junior Statesmen, an organization that prepares honor students from around the country for political leadership, chosen to attend the Republican Convention at Madison Square Garden last summer. Traslavina worked double duty as a reporter and photographer for the Malverne Mule, the school paper. He was issued press credentials that gave him access to the floor of the convention.
The lawsuit states that at about 11:30 a.m. on Sept. 1, members of the AIDS activist group AIDS Coalition To Unleash Power (ACT-UP) began protesting during a speech by White House Chief of Staff Andrew Card. They blew whistles and tore off their shirts to reveal anti-Bush slogans. Traslavina began snapping photos from about 15 yards away, then moved in for better shots. By the time he reached the demonstration, most of the protesters had been hauled away and the mainstream press was swarming. He was then tapped on the shoulder by a man and told to follow him down a flight of stairs. Traslavina was asked his name and address and was subsequently arrested by an officer identified as Sikorski.
According to the lawsuit, Traslavina, the ACT-UP demonstrators and Junior Statesmen Foundation Executive Director Richard Prosser all told police that Traslavina was not part of the protest. Despite corroboration and his press credentials, he was handcuffed to a chair before being loaded into a wagon and taken with the demonstrators to Chelsea Piers. He was searched and his mug shot was taken in a bus depot that had been converted into holding quarters.
"This was totally a case of mistaken identity," said Prosser, who informed Traslavina's parents of the arrest.
Eileen Traslavina was told her son was being held, but she did not know where. An officer loaned her son a cell phone at one point and he was able to call his mother, the lawsuit said. Traslavina was then taken to 100 Centre St. He was released on $2,500 bail at 4 p.m. on Sept. 2, charged with first-degree riot, a felony, and related misdemeanor charges, including third-degree assault.
"He was obviously there for a purpose, and not as a member of ACT-UP in a demonstration," Perez said of Traslavina. "It was as a member of the Junior Statesmen, a ... competitive association for high school honors students with an interest in government and public policy. Instead of learning about the political process, he was given a crash course in an arraignment, courtesy of the NYPD."
Perez said that because of the arrest, Traslavina will have to admit to having a criminal record for the rest of his life. He already has had to mention it on college applications. "He'll have to say, 'I was arrested for felony rioting at a presidential convention,'" Perez said.
Perez said it will take about two years before the case goes to trial. By then, Traslavina will be a college sophomore, studying either journalism or political science.
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