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From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature

Closing Arguments, Jury Instructions, and Jury Deliberation in Mayors' Trial Begins Today

Date:
Tuesday, November 06, 2012
Time:
8:30 AM - 2:30 PM
Event Type:
Court Date
Organizer/Author:
Robert Norse
Email:
Phone:
831-423-4833
Address:
309 Cedar PMB #14B Santa Cruz, CA 95060
Location Details:
Federal Court in San Jose (280 S. 1st St.), Courtroom #6 (Ronald Whyte)

MONDAY MONDAY
At Monday's hearing, City attorney George Kovacevitch played some clips of me giving public comment on a variety of issues and recalled former Santa Cruz mayors Fitzmaurice and Krohn to the stand.

I found Kovacevitch's selection of video clips strange, because I think they portrayed me as reasonable, on-topic, strong, and informative.

Both sides questioned me about my damages and how their behavior in these two incidents had made it more difficult and stressful for me to attend Council meetings.

Neither Krohn nor Fitzmaurice provided any independent witnesses who claimed I had "disrupted" the meeting. The witnesses we called, however, suggested it was they who had disrupted their own meeting and then blamed it on me.

I testified to specific behaviors the two mayors (and other Councils) used to shut down my public comment, discourage others from speaking, and create a repressive atmosphere at City Council.

A threatened reading of a lengthy deposition by former Mayor Kennedy (who has since died) did not happen--perhaps because he realized the transcript would reveal further arbitrary and abusive behavior.

Former mayor Krohn when confronted with evidence of a specially created procedure requiring me to speak on numerous items in a block with time cut back acknowledged he couldn't remember this procedure being required for anyone else.

Some background on this case and links can be found at http://www.indybay.org/newsitems/2012/11/03/18725012.php ('Final Evidence and Final Arguments in Mayors' Trial").

The audience included Sentinel reporter J.M. Brown whose account was less sympathetic than in days past (See http://www.santacruzsentinel.com/localnews/ci_21935360/testimony-wraps-up-santa-cruz-nazi-salute-case).

COMING UP TODAY
Due to delays in finishing the jury instructions, closing arguments will begin today at 8:30 AM.

My attorneys, some supporters, and I are all more hopeful of a positive verdict, given the weakness of the defense as well as the helpful prospects for jury instructions. These will be finalized tomorrow before closing arguments.

Attorney David Beauvais will speak for me, followed by the City Attorney, followed again by Beauvais giving a rebuttal. Then the case will go to the jury.

FURTHER BACKGROUND
Some background on the case can be found at http://www.indybay.org/newsitems/2012/10/31/18724886.php ("Two Mayors to be Cross-Examined in Federal Court Today")

Earlier history of the case can be found in my comments following the Sentinel story "Santa Cruz to appeal Nazi salute case to Supreme Court..." at http://www.santacruzsentinel.com/ci_18006114 .

CLOSER TO HOME
Linda Lemaster's attorney Jonathan Gettleman began jury selection in D.A. Bob Lee's "don't embarrass us with protest at the courthouse" trial. I gave some background and links at http://www.indybay.org/newsitems/2012/11/03/18725012.php.

The Sentinel's barebones coverage of her case can be found at http://www.santacruzsentinel.com/localnews/ci_21935501/trial-starting-santa-cruz-woman-charged-2010-peace.

Good luck, Linda!
Added to the calendar on Mon, Nov 5, 2012 8:45PM
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