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UID:Indybay-18658191
SEQUENCE:18730778
CREATED:20100908T004300Z
DESCRIPTION:Conclusion of the Trial of Robert Norse and Robert 'Blindbear' Facer which 
 began on September 2nd. \n\nFor more info see "Sour Song of Suppression: 
 Snuffing Out Political Music on Pacific Avenue" at 
 http://www.indybay.org/newsitems/2010/08/30/18657154.php \n\n&; \n\n"Drop 
 the Charges Against Robert Norse and Robert Facer!" at 
 http://www.indybay.org/newsitems/2010/09/02/18657434.php \n\n\nREILLY'S 
 TESTIMONY \nSean Reilly--a day sleeper on the second floor of the St.. 
 George Hotel above the Bookshop Santa Cruz on Pacific Avenue is making the 
 complaint. \n\nHe claimed that the occasional songs from a homeless 
 demonstration on the sidewalk prevented him from going to sleep between 11 
 AM and 3 PM. Since we actually arrived at 1:30 PM, and the singing was not 
 particularly loud or unusual, we found his and the City's claim that we 
 were doing something illegal unpersuasive. \n\nAdditionally, Reilly did not 
 at any time personally warn us that he had any problem with the music or 
 speech below. When Officer Schonfield arrived, those who were singing 
 stopped singing and didn't start again (not necessarily a good thing) 
 because Schonfield refused to say how loud was too loud. \n\nA second 
 citation within 48 hours is a misdemeanor punishable by up to 1 year in 
 jail and/or $1000 fine. The first citation has a $445 bail \n\nReilly 
 testified that though he would sometimes wear earplugs to keep out the 
 noises of the street, he declined to do so on this occasion. They would 
 seem to be standard equipment for day sleeper against the frequent noise on 
 Pacific Avenue. \n\n\nSCHONFIELD'S TESTIMONY \nThe only other witness was 
 Officer Laurel Schonfield, who heard us for a period of five minutes. When 
 she first passed by, Officer Schonfield declined to ticket or even warn. 
 \n\nHer reason for this was that she had "other priorities". \n\nHowever 
 five minutes later, on complaint from Reilly, she came up, and spent 20 
 minutes giving out citations. She also refused to tell us whether she found 
 the singing there too loud, and wouldn't say what volume level would be 
 legal. \n\nInstead she "conveyed" Reilly's citation and refused to take my 
 citation against Reilly for "making a false police report." \n\nThe SCPD 
 Policy Manual requires "reasonable cause" before writing a citation based 
 on a citizen's arrest/complaint. \n\n\nTHE CITY PUTS ITS THUMB ON THE 
 SCALES \nReilly had the official help of the City Attorney's office, though 
 there were no other complaints from nearby businesses, passersby, 
 residents, etc. A woman in Sean Reilly's room, Ann Funk, did engage in a 
 shouting match denouncing us from her window, however. \n\nThe HUFF 
 demonstration was to gather signatures and pass on information as well as 
 publicly raise the issue of the city's anti-homeless laws and high homeless 
 death rate. \n\nWe were also concerned about police using the Unreasonably 
 Disturbing Noise ordinance to silence performers on Pacific Avenue in 
 violation of constitutional rights. \n\nOnly a cop and a day sleeper 
 claiming that the occasional political song was "unreasonably disturbing." 
 \n\n\nTHE JUDGE LEANS TOWARDS GUILTY \nNonetheless, Commissioner Kim Basket 
 refused to accept a standard mid-trial written motion that charges be 
 dismissed for failure to prove the elements of the crime, vagueness in the 
 ordinance, and other defects. \n\nInstead she berated attorney Frey and 
 required attorney him to spend half an hour reading the entire motion aloud 
 before dismissing it summarily. \n\nSo apparently Baskett felt the case was 
 proved, unless the defense can show otherwise. \n\nSo we will be presenting 
 our defense by cross-examining Reilly and Schonfield, presenting our own 
 witnesses, and playing some audio tape selections showing bias by the two, 
 the reasonable volume of the music, and the absurdity of the prosecution. 
 \n\n\nTHE BOTTOM LINE \nWe believe this is a political prosecution 
 supporting the City, the SCPD, and the Downtown Association's policy of 
 misusing local laws and ignoring the state and federal constitutions to 
 give any resident or merchant a "heckler's veto" on the behavior of 
 performers, poor people, and political activists on the street. \n\nCome 
 and watch. Help stand up to the fear and silence that this police activity 
 and subsequent city attorney collusion produce. \n 
 https://www.indybay.org/newsitems/2010/09/07/18658191.php
SUMMARY:Sinister Singsong Two Trial: The Defense Case
LOCATION:701 Ocean St. in the basement of the 5-story County Building in Department 
 10, the court of Commissioner Kim Baskett
URL:https://www.indybay.org/newsitems/2010/09/07/18658191.php
DTSTART:20100909T170000Z
DTEND:20100909T190000Z
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