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Donna Deiss Update

by Robert Norse
Donna Deiss and others who live in their vehicles continue to face harassment. Those interested in her case should check out the continued arraignment hearing happening Wednesday July 30th in Departments 1 or 2. Police reports detailing the extensive follow-up whitewash investigation to discredit non-police witnesses are now in Deiss's hands. Those who want more background should check out http://www.indybay.org/newsitems/2008/06/25/18511178.php?show_comments=1#18515273 .
City on a Hill Press, the UCSC community weekly, had a brief story on LeMoss's assault on Deiss, which can be found at http://cityonahillpress.com/article.php?id=1267

I've given a preliminary looksee at the EXTENSIVE SCPD police reports. Apparently an "undercover" operation was in force to round up marijuana smokers. None, of course, were actually cited at the scene for marijuana possession or use. The original citations against Donna were for battery and resisting arrest. Linda Allen ("Whitedove") was charged with "concealing evidence" (for allegedly throwing away two marijuana pipes).

Activists then angrily posted stories on indymedia and free radio denouncing LeMoss's assault, false charges, and subsequent coverup. The next day (5-12) perhaps in response to Sentinel inquiries, the police department issued an unusual press release--adding new charges of marijuana possession.

No charges were filed against Linda Allen by the D.A. Donna Deiss was given a charge of "resisting arrest". Deiss and her companions out on Westcliffe Drive at Three Trees Parking lot were harassed, frightened, detained, and interrogated. Donna was physically attacked, libeled in the police reports and press releases, and dragged to Watsonville with a broken arm. She still faces the repulsive charade of continued court appperances.

MORE ON THE POLICE REPORTS
Officers Hernandez and Alpert wrote accounts the day of LeMoss's assault (5-9). Sgt. LeMoss and Officer Jones wrote accounts 5 days later (5-14). Brief accounts written the next day were filed by Officers Azua, Butler and Clark. Later extensive after-the-fact "investigation" reports were filed by Officers Hedley and Pawlak (5-22). --though not, apparently, as an Internal Affairs matter to determine if LeMoss's behavior constituted excessive force. Other officers' reports also swelled the weight and cost of the case.

The total number of pages handed over to defense attorney Ben Rice in the fat packet of police reports number 50 pages. Considering there was only one police witness--the perp Sgt. LeMoss himself--this is an awful lot of paperwork. A lot of time is spent interviewing (and attempting to discredit non-police witnesses).

At some point, Donna may authorize posting the full police reports on the internet to give us a clearer sense of the amount of time and money the SCPD doesn't mind wasting to paper over a bad case.

An apology, some restitution, and a change in the Drug War policies being used as opportunity to harass poor people living in their vehicles--would be a much better approach.

It won't happen until there's lots of pressure on the SCPD--which alredy has a driver's seat on the City Council juggernaut.
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Robert Norse
Tue, Aug 5, 2008 3:22PM
Robert Norse
Tue, Aug 5, 2008 3:21PM
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