Ed Frey vs. The Fashion Police

by Becky Johnson

Mon, May 21, 2012 7:08PM

Santa Cruz, Ca. -- When Attorney Ed Frey went to court to defend defendant Gary Johnson, he did something highly unorthodox. He wore sweat clothes during his pleadings. Judge John Gallagher charged Frey with 'contempt of court' and Thursday, Frey appeared on that charge. Dressed in a business suit and a tie, Frey explained to the Judge "I had no intent to show contempt for your Honor nor the court," Frey explained. "I had overheard a member of the jury panel at jury selection say 'I see the homeless got together to hire an expensive lawyer to get the fix' and felt the best he could do for his client was to dress down. "I was overwhelmed that morning and filled with a sense of dread facing charges that were so unjust. I was wearing this exact set of clothes when the juror made this comment," Frey told Gallagher. "I apologize if the court saw my actions as contempt. I was acting solely in the interest of protecting my client.

Despite Frey's efforts, Johnson was convicted by the jury of 'lodging' on 4 occasions when he slept openly in front of the court house with a sign condemning sleeping bans. Gallagher who had previously sentenced both Frey and Johnson to six months in jail for sleeping (lodging) softened.

"I accept your apology. I accept that your decision was strategically-based. Then Gallagher went on to chastise Frey for another incident. "At the most recent sidebar, I was told that you made an impassioned plea to other attorney's that they pressure me to not send you to jail. That is very inappropriate." Having thoroughly put Frey in his place, Gallagher dismissed the contempt charge. Frey and Johnson remain free on bail ($50,000 reduced to $110) while they await appeal on their twin 6 month sentences for acts of sleeping out of doors as part of a protest against laws which ban sleep if you are homeless.

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