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OSC Protests Incarceration of Gary Johnson with Noise Demonstrations at County Jail
by Alex Darocy (alex [at]
Thursday Jan 19th, 2012 3:55 PM
To protest what amounts to the indefinite detention of Gary Johnson, who has been in jail since January 6 after being arrested a fourth time for sleeping at the Santa Cruz County courthouse in a protest against California's lodging law, members of Occupy Santa Cruz have been gathering for weekly noise demonstrations at the county jail, demanding that Johnson be released immediately. The January 18 demonstration was the second protest held at the county jail on Wednesdays, and both were organized by the recently formed Occupy Santa Cruz Jail Solidarity working group.
The small and energetic group of demonstrators stayed at the jail making noise with household pots and pans for an hour, occasionally shouting "Free Gary Johnson," as well as a variety of other slogans such as, "Free the hostages."

Alex Darocy
by Alex Darocy Thursday Jan 19th, 2012 3:55 PM
by Alex Darocy Thursday Jan 19th, 2012 3:55 PM
by Alex Darocy Thursday Jan 19th, 2012 3:55 PM
by Alex Darocy Thursday Jan 19th, 2012 3:55 PM
§Unauthorized Communication
by Alex Darocy Thursday Jan 19th, 2012 3:55 PM

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by Robert Norse
Saturday Jan 21st, 2012 11:34 AM
A brief audio of the 2nd "Noise at Noon" protest outside the Women's Jail can be found at 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 ). 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.
by Robert Facer
Saturday Jan 21st, 2012 3:21 PM
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.
by Robert Norse
Sunday Jan 29th, 2012 11:40 PM
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.