We Plan to Introduce Surprise Witness During my Trial Today

After examining thousands of documents in Nancy Perez’s personnel file, it is clear that she is an overachiever when it comes to her job.

Starting at the Metro-Dade Police Department in 1986 at the age of 22, even before graduating from the police academy, the Havana-born Perez spent the next two decades climbing the ranks of the police bureaucracy, keeping a mostly clean slate.

There were a few setbacks along the way, including three divorces (and three name changes) and that one time when she was almost killed in the line of duty in 1990 after responding to an armed robbery, exchanging fire with masked gunmen armed with assault rifles; an incident that left her with lingering headaches.

But those are outnumbered by page after page of commendations, training certificates, outstanding evaluations and a bachelor’s degree from Lynn University she obtained while working full-time not to mention a Gold Medal of Valor for the shooting incident.

However, it apparently doesn’t take much to receive a commendation from the Miami-Dade Police Department (formerly Metro-Dade) considering she also received one for her work during the Occupy Miami eviction in which she arrested me.

A multitude of other officers also received the same commendation and truth be told, they deserved it considering they managed to evict the encampment without making a single arrest (other than me) and did not get into a physical confrontation with any of the activists, unlike what many other police departments throughout the country were doing during that time.

But Perez made a huge blunder that night by arresting me, which will come to light during today’s trial as she takes the witness stand in an attempt to convince the jury I broke the law the night of January 31, 2012.

We have gathered plenty of evidence in my defense, much of what I have written about here, but we will also introduce a surprise witness that will be our ace in the hole.

I am extremely confident with my attorney, Arnold Trevilla, who has been by my side since my first trial and I would recommend him to anybody who needs an aggressive defense attorney.

If I get convicted for resisting arrest, I can serve up to a year in jail but if I get acquitted, I can proceed with my planned lawsuit against the department for deleting my footage after my arrest, which I managed to recover.

Miami-Dade Assistant State Attorney Thomas D. Graham has printed out an endless amount of my blog posts with the plans to introduce it all in trial and will probably print this out as well in the hopes to convince the jury I got myself arrested on purpose with the sole plan to sue the department.

But the jury will be hard-pressed to find any evidence to support that when they watch the two videos of my arrest.

In fact, they will see another side of the high-ranking major who makes more than $4,000 every two weeks as commander of the media relations department, a woman who rarely fails to put a positive spin on anything regarding her department.

And it’s not going to be pretty.

About Carlos Miller

Carlos Miller is founder and publisher of Photography is Not a Crime, which began as a one-man blog in 2007 to document his trial after he was arrested for photographing police during a journalistic assignment. He is also the author of The Citizen Journalist's Photography Handbook, which can be purchased through Amazon.

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  • robeo

    Good luck today Carlos! I’ll be praying for an acquittal my friend!

  • Rob

    I’m hoping for an acquittal as well. Nail their asses! Good luck!

  • Jon Quimbly

    Good luck my dude.

    Can you/your lawyer block evidence as irrelevant?

    “I can proceed with my planned lawsuit against the department for deleting my footage after my arrest…”

    …and for false arrest ?

  • sfmc98

    Best wishes. Just wondering if you are going to be recording like you did for the Katz hearing? Obviously as the defendant, you wouldn’t be able to do it personally, but perhaps a friend or colleague?

    I think we’d love to see that trial.

  • http://twitter.com/Murrayiz Murray Izenwasser

    Good luck Carlos!

  • Tyler Haas

    Give ’em hell, Carlos!

  • Iroc

    On your side, good luck.

  • HonorYourOath

    Carlos, you are in my families prayers.

  • Phil

    Go get’m Carlos.

  • Richard Matthew

    Good luck on a good out come

  • Zap

    good luck Carlos, Nancy Perez represents the worst in Police, i hope you humiliate her for lying!

  • steveo

    Don’t be surprise if they Nolle Pros. the case, right before the trial starts. The prosecutors call this bleed them and then plead them. If you can’t plead them and you have no case, Nolle pros. (which means ‘we don’t want to prosecute’). They wan’t you to spend as much time and cash on the case as possible, even though their presentation couldn’t reach beyond a reasonable doubt. Real waste of taxpayer money.

  • steveo

    I guess Robert’s lawsuit worked. Big surprise.

  • mario

    Late good luck, go get ’em

  • HawaiiCorruption

    It’s now 7pm in Florida, anyone hear how it went for Carlos?

    • Nathan Deckinga

      Not Guilty at about 10:30pm EST. About 30 minutes of jury deliberation time based on his FB posts.

      • HawaiiCorruption


  • Common Sense

    Anyone heard from Carlos? Wondering how it went.

  • Nathan Deckinga

    Just saw on his FB page… Not guilty as of about 10:30pm EST. Didn’t go to the jury until about 10:00pm, so it was a fast decision and that makes me think VERY much in his favor – and bodes well for future legal action.

  • No-one You Know

    Not guilty on disorderly conduct and obstructing traffic.
    Guilty on obstructing justice, and resisting arrest without violence. Released on own ReCog for sentencing.

    • No-One You Know

      ‘Knew that get you to say something! :)

    • Carlos_Miller

      That was from my 2007 trial. This had a much different outcome.

  • Carlos_Miller

    NOT GUILTY!!! Will have story and video up by morning.

    • HawaiiCorruption

      WooHoo!! Can’t wait for story and video. Congratulations, Carlos!

    • Nathan Deckinga

      It’s morning! I’m eagerly awaiting the full story and video.

    • FritzMuffknuckle

      It’s past noon and I think somebody might have celebrated more than planned last night.

      Congratulations and good work Carlos. Few have made the difference you are making.

      We have tons of questions, so rehydrate and then fill us in on the details. Who was the surprise witness?

  • CMFollower27664

    Throw the book at them!!! Congrats

  • Andrew Cook

    I watched this video months ago and just watched it again today. Knowing now that Perez had been alerted to Carlos Miller prior to the night’s activities it is clear from her actions that she recognized Miller as he approached her. Notice how she steps out in front of him. Her tone of voice is dripping with sarcasm. She is taking pleasure in this arrest. It is not just a random citizen. She has snagged Carlos Miller and expects to be praised by her masters for being a good dog.

  • steveo

    Carlos probably got caught up in a big celebration last night and since he drank too many Cuba Libres, he can’t remember what happened, so that is why, the great masses like us haven’t seen the post from the trial.

    • Carlos_Miller

      I needed to get a few hours sleep, especially since I did not sleep much the prior two days, but now I am working on getting a couple of video clips uploaded.

      I’m going to try and have a post up by noon today.

      • steveo

        Just busting your pelotas, Congratulations on mentoring our opposition on the 1st Amendment.

  • George

    Has there been any commercial press coverage of the trial?

  • Lefty

    Who is Enrique Brave?

    • Lefty


  • Rail Car Fan

    If I’ve said it once, I’ve said it many. many times over…

    “Carlos… You be da Man, by brother. You be da Man!!

    Rail Car Fan

  • Pixmaker53

    Congrats on winning!! I have been a photographer over 40 years and these vids made me VERY uneasy watching them. So very glad you have been exonerated.

  • Mojo Elvis

    I applaud you, much respect, May truth and rights prevail…

  • Luc
  • paralaxview

    I think that Nancy needs a little make up sex and blow off some steam ! LOL

  • Rick Mycroft

    Umm. I hope you’ve talked with a good lawyer. A “surprise witness” only exists on TV shows like Matlock or Perry Mason.