OSC Protests Incarceration of Gary Johnson with Noise Demonstrations at County Jail

A brief audio of the 2nd "Noise at Noon" protest outside the Women's Jail can be found at http://www.radiolibre.org/brb/brb120119.mp3 one hour and thirty-five minutes into the file.

To reach Gary Johnson and offer support, contact his attorney Ed Frey at 831-479-8911.

Ed says that Gary, denied the right to speak at his initial sentencing where he was given a 6-month jail term some months back (the sentence is on appeal), is exercising his "right of allocution". That's the right to make a statement at sentencing--which Judge John Gallagher denied him. Gary asked Gallagher how he could fulfill the judge's probation condition of "obeying all laws" by not "lodging"--the "crime" for which he was convicted last spring.

Gallagher has refused to clarify if one could sleep outside and not "lodge" (See http://www.beckyjohnsononewomantalking.blogspot.com/2011/06/ed-frey-gary-johnson-jailed-for-6.html ). So every homeless person in Santa Cruz outside on public property faces up to six months in jail and $1000 fine under this theory.

As well as every political protester who sleeps outside a public building (with or without a political sign).

Ed Frey has filed demurring to the new 647e charge Gary is currently jailed for awaiting trial. The six page brief in support of that demurrer includes a 3 1/2 page "Dear John" letter to Gallagher from Gary, exercising his "right of allocution".

The letter reportedly attacks the ethics of the judicial system and this judge in particular. "The most important thing in life is to respect other people" is Gary's theme, Ed tells me.

The demurrer is on file at the courthouse and I'll hopefully post it here soon (once I get it).

The hearing is February 3, 2012 Friday 1:30 PM Dept. 2

I'm not sure if Gary will be allowed to attend that hearing. If so, he'll be led into the courthouse with manacles on his hands and feet in an orange jump suit (because he's under $5000 bail).

I'm sure he can use support.

The practice of detaining any person for an indefinite length of time without trial is unheard of in the United States. The Pentagon will be fascinated with the legal aspects of this detention.

Attorney Ed Frey announced that Gary Johnson, still in jail in Watsonville on $5000 bail for sleeping outside the courthouse with a sign "Sleep is Not a Crime", will come to court to argue (through Frey) that the 647e charge is unconstitutional in a demurrer hearing before Judge Gallagher.

Messages to Gary can be communicated through Frey at 479-8911.

The hearing will be in Department 2.