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View other events for the week of 8/20/2012

Title: Santa Cruz Eleven Scapegoat Special--the Final Chapter...or A Week of Whiplash?
START DATE: Monday August 20
TIME: 9:00 AM - 12:00 PM
Location Details:
Department 6, Main Courthouse, 701 Ocean St.

Actual length of the hearing is uncertain.
Event Type: Court Date
Contact NameRobert Norse
Email Addressrnorse3 [at] hotmail.com
Phone Number831-423-4833
Address309 Cedar PMB #14B Santa Cruz, CA 95060
One Attorney's Brief Brings Down D.A. Bob Lee's House of Cards


D.A. Misconduct
On Friday, Attorney Alexis Briggs, the most active of all the S.C. 11 attorneys recently, pressed her motion to dismiss charges against one of the seven--Cameron Laurendau.

Briggs charged and documented misconduct, delay, and falsehoods by district attorney Rebekah Young regarding the inappropriate presence of officers in court, not informing defense of court dates and judge-shopping.

Most significant--Briggs accused Young repeatedly denying the defense important evidence in spite of repeated requests, something affirmed by the other five attorneys in court as well.


Burdick Finally Takes Action
Initially inclined to dismiss Brigg's motion , Judge Burdick grew more and more disturbed at the mounting evidence and evasive or convoluted replies of Young. He finally ordered a Hearing to Show Cause why ALL cases shouldn't be dismissed prior to the scheduled Preliminary Hearing on August 20th.

He rejected rescheduling the Preliminary Hearing to a later time, which put a burden on defense attorneys who now have to prepare both for (a) the Hearing to Dismiss and (b) the longer Preliminary Hearing previously scheduled.

However, since Burdick has also ordered Young to produce the missing discovery, it may be that he will dismiss all the cases if she doesn't or postpone them to give time for the defense attorneys to examine the new evidence if she does cough it up.


Uncertain Monday Outcome
In either case, there's likely to be no Preliminary Hearing beginning Monday morning as scheduled. It is still possible, though highly unlikely, that Burdick will order the Preliminary to proceed--with seven attorneys facing one highly outclassed Assistant D.A. trying to front for cooked-up bankster-backed charges.

It should still be exciting and eye-opening on Monday to see Young and her boss Bob Lee confronted by a judge. It's unlikely Burdick will actually sanction (punish) either Lee or Young for this six-month merry-go-round dragging innocent people into court for peaceful protest as a political gesture to reactionaries in the community who which to crush Occupy.

Throughout all this time, of course, Wells Fargo Bank, has been continuing business as usual with protest muted or absent. Perhaps that will change if these charges are dropped.

The Friday August 17th hearing is described at http://www.indybay.org/newsitems/2012/08/17/18719744.php


The August 24th Gary Johnson Hearing
Still pending: Gary Johnson's 8:30 AM appearance in Courtroom 2 on Friday August 24 to serve the rest of his 6 month jail sentence for "criminal sleep" in front of the courthouse 2 years ago with PeaceCamp 2010. See http://peacecamp2010insider.blogspot.com/ for Gary's blog on the subject.

Folks can put money on his books if he's ordered to jail as is likely. He's a vegetarian--perhaps a vegan, and needs $25 a week to buy food there from the commissary, as I understand it.


Another Persecution Needs Community Support
Linda Lemaster is seeking funds to enable her attorney Jonathan Gettleman to take a writ to District Court to challenge the constitutionality of deputies and prosecutors using the "anti-lodging" law to crush political protest.

Linda covered the broader SleepCrime prosecutions against PeaceCamp2010 at http://www.thestreetspirit.org/arrested-for-%E2%80%98sleepcrimes%E2%80%99-at-peace-camp-in-santa-cruz/ .

Her current legal fight is chronicled at http://www.indybay.org/newsitems/2012/06/11/18715182.php ("Appeals Judge Upholds Anti-Homeless "Lodging" Law Against "Lighthouse" Linda Lemaster").



Added to the calendar on Saturday Aug 18th, 2012 1:45 PM

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Comments  (Hide Comments)

by lighthouseLinda
Monday Aug 20th, 2012 2:10 PM
By "Captive" in title, I simply mean, their lives are "on call" for California's Superior Court. The indefinite nature of this makes it seem unusual and for some, even cruel, to me. The courtroom was packed this morning!


Well, This morning's Courtroom Seven with His Honorable Judge Paul Burdick didn't turn out either of the ways predicted in above article.

Instead, it turned out:
more delays for Defendants. And coming soon - Sanctions for Assistant District Attorney Young and/or the District's Attorney's "office" for the delays in providing evidence (or consistency) to the attorneys of defendants. Also a possibility of Judge reviewing the two defendants who have been twice charged in there somewhere. The Judge listened to a litany of concerns from counsel for defendants but ignored or dismissed most particulars.

Judge Paul Burdick seems generally even-handed and calm yet attentive. Yet in one of his more emphatic, dynamic expressions during the morning's proceedings, Judge Burdick said, "...serious crimes were permitted here! And someone is responsible."

This, he explained, is the reason he is reluctant to dismiss the Santa Cruz Eleven case, in respnse to evidence missteps and tech delays. Since D.A. Young and her two allies today HAD brought all the requested (still missing Friday) DISCOVERY to court; and despite the irregularities and her twice or thrice disregard for Burdick's court orders about this stuff; the trial of the Santa Cruz Eleven*WILL* be continued.

The Judge facilitated a handful of court dates, from a special check-in for two "re-charged" defendants slated for Sept 24th, until a new Preliminary Hearing January 7th, and a few more dates in between. While there was some discussion of public needs, the court was unmoved by lawyers pointing out many defendants' lives becoming fragmented and destroyed among the accused.


My viewpoint:

This Judge ultimately expressed an even higher standard of protecting the People, or "the public" as people in the larger community were referred to in court, than did District Attorney Bob Lee.

Lee recently said to defendants that if they'd pay the (inflated, imho) $3,000 damages/vandalism costs, from scene of 75 River Street "takeover", the charges would "go away." Judge Burdick, it seemed to me this morning, does not want to settle for anything less than a "responsible party." Overheard just outside the courtroom door as all were leaving: "is he (Judge Burdick) asking somebody off the street to come to his office and say, 'I did it'?"

Despite his repeated demands of the assistant DA's work quality issues, it was apparent Burdick can imagine somebody among the Eleven-to-Seven Defendants will surely be proven 'responsible.' He repeated his expectation for future evidence that is clear to him.

To this Judge's credit, many of the SCEleven Defendants could be heard in the Atrium afer court: they were saying they feel the Judge is, still, attempting to be fair. The Judge has a difficult balance to sustain in this politicized case.