By Ray Stern
By New Times
By Amy Silverman
By Stephen Lemons
By Stephen Lemons
By Monica Alonzo
By Chris Parker
By New Times
"They came from nowhere and walked up to him and took him," she told Crosby on videotape.
It may not have mattered whether Silver heard the warning. School officials and university police appear to have discussed the physician's arrest before it occurred.
Exactly when a decision to arrest was made is unclear. Eight minutes before Silver was arrested, however, Crosby's videotape captures Emerine and Hueston meeting outside the observatory. Moments later, uniformed Tucson Police Department officers arrive. Tucson police already had at least three undercover detectives inside the observatory mingling with the protesters, police reports show.
According to one witness, UofA student David Goldstein, university administrators and UofA police decided to arrest Silver and Hodges soon after the demonstration began.
Goldstein said he encountered Melissa Vito, a UofA assistant dean of students, while leaving the observatory minutes before the arrests.
On Crosby's videotape, Goldstein contends that Vito "pointed out Dr. Silver and Dave Hodges to four of the officers that were there and said, 'Those were the troublemakers and we should get them.'"
"A little while later, after the police paddy wagon drove up, I saw about six officers walk in," Goldstein says. "First, they came out with Dave Hodges, dragging him, and then they came out, two officers came out with Dr. Silver."
Vito declined to return New Times' phone calls.
Seconds after university police grabbed Silver, he managed to turn on a tape recorder in his pocket. Silver can be heard repeatedly asking police why he was being arrested.
They didn't know.
"Why am I being arrested? Why am I being arrested?" Silver asks.
An officer replies: "I couldn't hear . . . so I don't know."
"You made a mistake," Silver replies.
Thirty seconds later, Silver asks another officer why he's being arrested.
That officer tells him he had been arrested for disturbing the peaceful conduct of a university.
Silver, a UofA alumnus, tells the officers he's a professional photographer as they handcuff him and put him in the back of the police van with Hodges.
"They fucked up," Hodges says to Silver as he is put inside the van.
For the next three hours, the men remain handcuffed, first in the van and later at the police station.
When Silver is finally released at 4:45 p.m., he is not charged with disturbing the peaceful conduct of the university. Instead, he is cited for trespassing.
Two months later, university police and the Pima County Attorney's Office apparently realized Hodges' concise, if profane, assessment of Silver's arrest was correct.
The charges against Silver were dropped on December 9, 1992.
@body:Four months later, Hodges--along with Native American leaders Guy and Kevin Lopez--appeared in Pima County Justice Court on several misdemeanor charges stemming from the October 12, 1992, demonstration.
During the April 28 hearing before Judge Emojean Girard, a paperwork foul-up required the Pima County Attorney's Office to dismiss all charges against the men. The charges were refiled moments later.
UofA assistant police chief Hueston, along with assistant county attorney Guy Keenan, filled out the paperwork related to the new charges.
But another paperwork mistake occurred. The court failed to quash an arrest warrant for Hodges tied to one of the earlier, dismissed charges. Hodges would only learn about the mistake five months later.
Police records show that UofA police made no effort to arrest Hodges on the outstanding warrant for months, even though Hodges' location was well-known. Hodges even had lunch with Hueston in early September. The warrant was never discussed, both men say.
But the warrant tied to the dismissed charges suddenly became a big issue with university police on September 18.
On that day, Hodges was participating in a protest on Mount Graham during a dedication ceremony for the first two university telescopes. And that's when the university asked DPS officers to arrest Hodges, using a warrant that should have been quashed months earlier.
"They all knew it was bullshit," Hodges says. "Basically, I was set up. They just wanted to pull me out of there and get me out of the area."
Several hours later, Hodges appeared before Graham County Justice Court Judge Jacque Felshaw. Felshaw was astonished to learn that the warrant served on Hodges didn't appear on the statewide crime computer network.
"I've never known of an agency sending us a warrant that was not on the Arizona Crime Information Center computer," Felshaw told New Times.
The situation had another strange twist. The arrest warrant was delivered to the court by fax from the UofA police.
"I have never had one that was faxed to me," Felshaw said. "We just ordinarily check the state computer. If it is on the computer, then we know. We just haven't faced a situation like this before. It was unusual."
Hodges told Felshaw that the warrant was related to charges that had been dismissed. But there was nothing Felshaw could do to confirm his story late on a Saturday evening. So Hodges spent the night in jail, and was released the next day after posting $180 bail.
University police offered conflicting explanations for the bizarre circumstances surrounding Hodges' warrant and his subsequent arrest. Assistant chief Hueston, who was in court the day Hodges' charges were dismissed and refiled, told New Times he didn't have anything to do with executing the warrant.