With a cane in one hand and the other in a cast, Vivian Hernández entered a Miami-Dade criminal court this Monday to attend a new pre-trial hearing.
Accused of trafficking, disorderly conduct, and resisting authority, this Cuban woman faces not only a criminal process but also the disillusionment and emotional exhaustion of feeling re-victimized by a system that, she claims, has failed to protect her.
"I feel frustrated, I feel tired, and I feel worried about what justice is like in this country." Hernández stated in an interview with Univisión.
"I am realizing that justice in this country is a privilege for the wealthy and a problem for poor and low-income individuals, like me," he/she added.
A conflict recorded on video
The case of Vivian Hernández gained public attention following the release of a video showing the moment she was violently arrested at the Li'l Abner mobile home park office in Sweetwater.
The altercation occurred when the woman tried to pay her rent, despite being under an eviction order. The situation escalated quickly when a police officer confronted her and, according to witnesses and her own account, used excessive force.
The impact of the arrest has been both physical and emotional. Hernández has required medical assistance, and the aftermath is visible: the cast and the cane are evidence of what he describes as an act of police brutality.
Background of the conflict: evictions and neighborhood resistance
Vivian Hernández is not the only resident of the Li'l Abner park who has faced tensions with the authorities and the new landowners. She, along with other neighbors, has initiated a civil lawsuit against the park’s owners, accusing them of a systematic strategy of eviction and harassment.
"She was treated by this police officer however he wanted. As if she were a thief, as if she were doing something wrong," stated María Victoria Fajardo, another resident of the park, who has also raised her voice against the treatment received by the most vulnerable tenants.
Miguel Herrera, also a resident of the mobile home park, went further in his allegations. "The level of corruption is ingrained at all levels, and they are working with a strategy to dismiss and to invert the world, portraying the perpetrator as the victim and vice versa," he denounced.
Cross claims and risk of imprisonment
Hernández is not only facing criminal charges, but she has also decided to fight back legally. She has filed a lawsuit against the city of Sweetwater, claiming excessive force by the officer who arrested her. This case of police brutality is ongoing, but the possibility of her ending up behind bars worries those who support her.
If found guilty, Vivian Hernández could face more than a year in prison, which has raised concerns among activists and neighbors of the park. The next hearing in her case is scheduled for next Monday and will be crucial in determining the direction of this complex and controversial process.
Eight months after a Sweetwater police officer knocked Vivian Hernández, 61, to the ground during an arrest that was recorded on video, the Cuban woman is preparing to face a trial against her that, she claims, should never have happened.
Despite the fact that the prosecution offered her a plea deal that would have allowed her to avoid prison, the woman rejected it.
The resident of the mobile home park Li’l Abner claims that she was the victim of an “unlawful arrest” and of excessive force by the officer.
The incident occurred last December, in the administrative offices of the complex, amid tensions surrounding an eviction order that affected the entire community.
At that moment, the authorities began the demolition of several homes, which sparked protests from the residents.
The charges and the defense's position
Hernández faces three misdemeanor charges: resisting arrest without violence, disorderly conduct, and trespassing after warning.
"I believe it is the most just because the three charges they filed against me, in my opinion, are charges to justify an unjust arrest," the woman said in statements to the local press, who claims that she acted peacefully at all times.
"I never caused a public disturbance at any moment… I explained in the best and most decent way why they should not be demolishing the first property as they were doing," he added.
His attorney, David Winker, supports the decision: “She simply doesn't feel comfortable pleading guilty to that… she feels she did nothing wrong. She believes it's something worth fighting for.”
The controversial video
The arrest was recorded in a video showing an officer holding Hernández and throwing her to the ground while she screams in Spanish.
"I'm not doing anything. You're using force against me just for fun." The scene, widely shared on social media and local news, became a symbol of the dispute over evictions in Sweetwater.
The police claim that Hernández refused to obey orders, which forced them to use force.
She, for her part, insists that the violence was unnecessary and that she was only trying to pay her rent when she was arrested.
Beyond the criminal proceedings, Hernández is part of a class action lawsuit filed by approximately 200 tenants of the park, who remain in their homes despite the start of the demolitions.
"We want our protest to be heard… that we are valued for the fair price of our housing and that we are treated with the respect we deserve," he stated.
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