Prosecutors want Miami mom jailed again, citing Facebook posts about police officer who shot her son

Stahl defended Pino against claims that he misrepresented what happened the night Hollis was arrested. “That may be an allegation that the mother is alleging but I do not believe that he did perjure himself.”

“At some point, the mother has to stop showing up on scenes and causing disruptions,” Stahl added. “If she feels that there’s a issue that needs to be reinvestigated through multiple agencies, we’ll be glad to look at it. But the officer was acting within the scope of duty.”

Following the April 19 hearing, Hollis was released on $1,000 bond — $500 for each of two charges — after spending nearly a year in jail for violating the order to stay away from Pino, and to cease posting pictures of him, his family or his house on social media.

Kohn’s motion seeks to revoke that bond. In his pleading, Kohn argued that Rivera Correa imposed conditions upon Hollis’ release, including “that she is not to use the internet (unless) it’s for paying bills online, ordering groceries or other necessities.”

“Despite the court’s order,” Kohn wrote, Hollis “has taken numerous opportunities throughout the past 24 hours to post to social media, namely, Facebook, regarding various aspects of the case.”

“This behavior is in direct violation of a court order and condition of her release.”

The motion included several versions of the story first reported by the Herald, including versions from Yahoo.com, MSN.com and NBCMiami.com.

One of the purposes of bail, Kohn wrote, was to “protect the community against unreasonable danger” from those accused of committing a crime. He added: “It is clear (Hollis) is an inherent danger to the community and should therefore have her bond or pretrial release revoked.”

Soler, who is the public defender’s county court chief, argued prosecutors are misreading the terms of Hollis’ release. Abstaining from social media was a restriction only for an option of house arrest — not if she was able to post bail, which she did. Rivera Correa left Hollis both options as alternatives for release, Soler said.

But, Soler said, even if such a condition were imposed, it could not withstand the scrutiny of First Amendment protection. The prosecution motion is scheduled to be heard on Monday.

“This is not a murder case,” Soler told the Herald. “Even if (Hollis) had been prohibited from making any type of Internet posting, posting articles already published to warn the community is purely protected by the First Amendment.”