I have placed on line:
- Rodriguez's August 28, 2014 appeal brief
- Rodriguez's attorney's (Brian S. Schiller) August 28, 2014 certification
- Prosecutor's September 25, 2014 opposition brief
- Rodriguez's October 2, 2014 reply brief
- Court's October 14, 2014 order reversing Rodriguez's convictions.
The parties hotly dispute what happened next. Salazar said that he observed a knife in Rodriguez's hand "as he was walking up the stairs" (apparently away from Salazar) which he "perceived to be a threat to his personal safety." Salazar claimed that he told Rodriguez that he was under arrest and simultaneously "took [Rodriguez] to the floor." Rodriguez, however, said that the knife was a fabrication and that both he and downstairs neighbor Orlando Gomez videoed the encounter and that the recordings proved that there was no knife.
Judge Hermann did not permit either video to be entered into evidence even though Rodriguez's attorney, Brian Schiller, claimed that they "would vindicate [Rodriguez] of all charges and clearly set forth Salazar's fabricated police report." The videos, however, are likely still in the Police Department's or Prosecutor's possession and would likely be subject to disclosure if an OPRA request were to be filed that requested them.
Herman convicted Rodriguez of two disorderly persons charges that were later reversed on appeal. Rodriguez said that the force of Salazar's take-down resulted in him having a broken right clavicle. He claimed that after the take-down, Salazar sprayed him with OC spray and dragged him out on to the front porch by his ankles.
Schiller made other allegations regarding Herman's fairness including a comment Herman allegedly made about not wanting to leave the City "vulnerable to [Rodriguez's] civil suit and his alleged, improper urging of Rodriquez to take the prosecutor's plea bargain.