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ACLU-NC Submits Brief in Support of Indybay's Bradley Stuart Allen and Alex Darocy
by Bradley Stuart ( bradley [at] riseup.net )
Friday May 4th, 2012 9:55 PM
The American Civil Liberties Union of Northern California filed a brief as amicus curiae, on May 3rd, in support of Bradley Stuart Allen and Alex Darocy’s motion to dismiss, pursuant to Penal Code section 995, pending before the Superior Court of California for the County of Santa Cruz.

The 995 motion to dismiss, and a motion to dismiss for selective prosecution, were filed by Allen's attorney, Benjamin Rice, and Darocy's attorney, George Gigarjian.

The ACLU of Northern California writes, "Even if they are never convicted, forcing reporters to defend themselves at trial against unjustified felony charges can have a serious chilling effect on their willingness to cover controversial events and to express opinions about those events that the government may disagree with."

The ACLU of Northern California concludes, "The prosecution’s theories of liability for conspiracy to trespass and aiding and abetting trespass seek to punish Allen and Darocy for activity they engaged in that is protected by the First Amendment and the liberty of speech clause of the California Constitution. This type of prosecution endangers the freedom of the press by punishing journalists based on the content and viewpoint of the material they publish, by impermissibly burdening newsgathering, and by ultimately restricting the public’s access to newsworthy events. The Court should dismiss the conspiracy charges, as well as any other charges that rest upon an aiding-and-abetting theory of liability."

The following documents are published below (PDF):

1) Motion for Leave for Amicus Brief
2) ACLU Amicus Brief in Support of Motion to Dismiss
3) Proposed Order re ACLU application to file amicus brief
4) Proof of Service - Signed

5) Allen and Darocy's 995 Motion to Dismiss
6) Allen and Darocy's Motion to Dismiss for Selective Prosecution

Allen and Darocy were engaged in conduct that is protected under the First Amendment and article I, § 2 of the California Constitution.

The prosecution’s theory that these reporters are vicariously guilty of the crimes that they photographed endangers the First Amendment.

— American Civil Liberties Union of Northern California


The liberty of speech clause of the California Constitution is broader and more protective than the free speech clause of the First Amendment.
§ACLU Amicus Brief in Support of Motion to Dismiss
by Bradley Stuart Friday May 4th, 2012 9:55 PM

§Proposed Order re ACLU application to file amicus brief
by Bradley Stuart Friday May 4th, 2012 9:55 PM

§Proof of Service - Signed
by Bradley Stuart Friday May 4th, 2012 9:55 PM

§Allen and Darocy's 995 Motion to Dismiss
by Bradley Stuart Friday May 4th, 2012 9:55 PM

§Allen and Darocy's Motion to Dismiss for Selective Prosecution
by Bradley Stuart Friday May 4th, 2012 9:55 PM


Comments  (Hide Comments)

by G
Tuesday May 8th, 2012 11:16 AM
Fire Bob Lee!
by (A)
Tuesday May 8th, 2012 5:44 PM
Believe it or not, there is no single clearing house for lawyers to publish motions. That means that there is no ability to leverage the great expense and effort put into creating complicated motions, and no way for movement lawyers to build on the success (or failures) of previously filed motions.

Please make it a habit to publish motions on Google-accessible sources for future activists.
After reading the ACLU's amicus curie brief and Allen and Darocy's attorney's motions to dismiss, I now realize how weak DA Bob Lee's prosecution is. His case is so weak, that one must wonder how he has the temerity to prosecute such a weak case. I suggest that DA Bob Lee has abused his position of authority — he has misused his power of authority under color of law to persecute two photojournalists.

I recommend, as per the link to the FBI website, that Allen and Darocy's attorneys, after their cases are dismissed, seek out the FBI and the U.S. Department of Justice's Criminal Section of its Civil Right's Division, demanding an investigation into DA Bob Lee abusing his authority and misusing his power of authority under color of law to persecute, not just prosecute, these two photojournalists.

A U.S. Department of Justice investigation would hopefully lead to civil even criminal penalties against DA Bob Lee, but would also pave the way for a civil suit against him and the County of Santa Cruz to compensate Allen and Darocy. Such actions would protect journalists from future persecution for similar activities.