Two women were picked up at their home and thrown in a cell yesterday after being accused of burglary - but today, they're saying they were unlawfully detained. Marce (Marcy) Castillo rents the upper flat of a two story building while her brother in law rest the downstairs. However, after she helped him move out, she ended up in a jail cell after the landlord allegedly reported to the police that she had burglarized the house.
Since then, the landlord has reportedly changed her story, and the detainees were released. But they weren't too happy about how it all happened. Castillo spoke with us today.
Marce Castillo, Detainee
"They detained me yesterday, because they said that I broke into an apartment that belongs to my brother-in-law. She told my brother-in-law to take his stuff out by morning and he told her to give her time until tonight, then my sister will take it out and she agreed with us. He told her that his keys got lost, he doesn't know where the key is. So, I ask her for the key and she want to give us the key. So night came now and he wanted to take out the stuff. I went there with him and we took out the stuff and my cousin got the stuff. Then in the morning the landlord came, I was inside and she came and told me to get my things from out of my place. I told her I don't live down there, I lives at the top. She says she doesn't want to hear anything from you, then she says to come out of her place."
"The police are dealing with us aggressive, lock us up and didn't tell us if we were going to court or anything - they just lock us up like we are criminals. My son and my mom are sick, I couldn't even make a call to ask them how they are doing. Now, we are here in the cellblock, it's cold and I am trembling. They didn't give us any food. It's the first time I am experiencing "pisshouse" and that is stink. So, I don't think no female should stay there. They deal with us like we are criminals. That landlord, I don't like what she did."
Reporter
"She reported you all to the police as if you all broke into the house?"
Marce Castillo, Detainee
"Yes, ma'am."
Reporter
"You have an issue with the police department because of the way they handled the situation?"
Marce Castillo, Detainee
"Yes, because they should have questioned us and listen to both sides. Why did they only listen to one side?"
And her attorney, Norman Rodriguez, who is assisting them pro bono, explained that his clients have instructed him and they want to seek compensation for the unlawful detention. He also believes that there should have been a more thorough investigation before taking out the handcuffs.
Norman Rodriguez, Attorney
"When I was told why they were being held by the police, I thought I had to intervene on their behalf. The instructions that I received is that there was a young man who entered his apartment after there were some efforts to evict him, took his items out of the apartment and gave them to the 2 young ladies who were detained to hold for him. Again, I am instructed that the owner of the apartment made a report to the police and from report the police understood that the items were hers. In my mind I was saying there is no reason for holding these young ladies, because if she doesn't own the properties that were taken, she has no power or authority to bring any action against them whether criminal or civil. I went to see them and then I understood what it really is. It's a case of unlawful detention and malicious prosecution and the constitution is clear on that: if any person unlawfully detains another, that person must pay the detain person compensation. So that is what my clients have instructed me to we are going to do and it is very possible that the police might need to investigate this further and bring charges against the right people who have committed some sort of offence or crime."
"I have always tried to speak to the police when my clients are detained to see whether the detention is lawful or not and you can't just come upon people, take them into custody without hearing a little their side of the story. As a matter of fact, there is a time period in which you can bring charges for any crime committed, so I've said to the police there is no need to detain people, then investigate. Do your investigation, establish that a crime has been committed by the persons you want to detain, then detain them. My instructions are that the police treated these 2 young ladies in a very rough way - the way they spoke to them, refusing to even listen to them and this is the behaviour of some police, because you have good officers. The way they approach people, the way they treat people - it is not human-like, it is not humanitarian, so yes, I take an issue with how the police officers would detain the young ladies, treated them based on the instructions I received."
Rodriguez and his client are now awaiting to see if the police will charge the landlord for committing a mischievous act.
