Inside the Current Issue

Miguel Malo Gets Slap on the Wrist

At his sentencing, former Hostos Community College student Miguel Malo, convicted in October 2005 of third-degree reckless assault and disorderly conduct, received probation and community service, but no jail time. Malo, Vice President of the Hostos Student Senate at the time of his arrest, was convicted of charges that stemmed from a one-man protest against cuts in English as a Second Language funding at Hostos in August 2001.

At his sentencing in front of a packed courtroom of supporters on December 13, Judge Catherine Bartlett reportedly lectured Malo on violence, but only sentenced him to 10 days of community service, as well as three years probation (the legal minimum for his convictions). Malo was facing up to a year in jail.

Over 1,000 signatures from CUNY students and faculty were collected on a petition asking for Malo not to be sentenced to jail, and almost 100 letters were sent to the judge asking that he not be incarcerated, according to supporters. The University Faculty Senate also voted (60 to 1) that he not be imprisoned.

Malo's legal problems had dragged on for years, and created the activist phrase "I hope you don't get Malo-ed." According to the Indypendent, his 2003 trial ended in a mistrial when his attorney, Ronald McGuire, declared himself incompetent. His case was later put on hold after his next attorney, Lynne Stewart, was convicted of aiding terrorism in an unaffiliated case; ultimately Karen Funk unsuccessfully defended him. Malo's supporters held rallies and attracted a wide range of support throughout the duration of the case, claiming that he was innocent of the charges and that and security guards beat him during his arrest.