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DESCRIPTION:THE ENDLESS TRIAL\nAfter a trial of more than a dozen hours over several 
 months, Commissioner Kim Baskett will announce her verdict in the case of 
 "Bathrobespierre" Robert Norse and Robert "Blindbear" Facer. \n\nThey are 
 both accused of "unreasonably disturbing noise", to wit, singing political 
 songs about the homeless in front of the Bookshop Santa Cruz on 1-6-10 
 which kept a nearby resident from going to sleep at from 2 to 3 PM in the 
 afternoon.\n\nThis ridiculous charge has taken up dozens of hours of 
 activist time, involved the City Attorney, and chilled free speech and song 
 on Pacific Avenue for a number of activists for half a year.\n\nAttorney Ed 
 Frey defended Facer; I defended myself.\n\n\nCLOSING STATEMENTS ARCHIVED\nI 
 played the closing statements of both prosecution and the defense on 
 Sunday.  They are archived in the next to the last hour of the audio file 
 at http://www.radiolibre.org/brb/brb100919.mp3  \n\nCommissioner Baskett is 
 to be commended for order a court recording, allowing the defense to make a 
 recording, and giving court consent to play that recording on the radio.  
 This is a right that should be routinely acknowledged, but is generally 
 denied in Santa Cruz courts.\n\n\nIMPORTANCE OF THE CASE\nThe City 
 Attorney's office in a classic case of political persecution took over the 
 prosecution though St. George resident Sean Reilly was the citizen 
 complainant who signed the citation.\n\nI and other activists consider the 
 case particularly important because it goes to the abusive enforcement 
 police use to shut down performers and singers on Pacific Ave. by using a 
 "heckler's veto".  \n\nMC 9.36.020--the Unreasonably Disturbing Noise 
 law--is itself unconstitutionally vague and overbroad.  But police are 
 ignoring its wording which does not allow police to stop singers.  
 Nonetheless, cops are demanding that musicians stop playing and leave (not 
 just quiet down).  This is done on the whim of any anonymous 
 complainant.\n\n\nPOLICE AND PROSECUTION ABUSE OF THE LAW\nSchonfield 
 didn't claim the singers were singing (and playing a small drum and 
 keyboard) too loud until she reached the courtroom.  She also refused to 
 tell the singers and performers  how quietly they should play in order to 
 be legal.\nNeither did complainant Sean Reilly who also did not warn them 
 that their singing disturbed his day sleeping.\n\nCommissioner Baskett 
 severely restricted courtroom testimony, particularly shielding Officer 
 Shonfield from testimony that she selectively enforced the law.  Baskett 
 refused  to allow Schonfield to be questions on why she cited Norse, Facer, 
 & others on Reilly's sayso, but refused Norse's demand that Reilly be cited 
 for making a false police report.  The SCPD manual as outlined below 
 requires an officer to have "reasonable cause" in taking a citizen's or 
 private person's arrest.\n\n\nPOLICE POLICY NOT ALLOWED IN TESTIMONY\nThe 
 SCPD Police Policy Manual 364.1 provides:\n\n364.2 ADVISING PRIVATE PERSONS 
 OF THE ARREST PROCESS\n(a) When advising any individual regarding the right 
 to make a private person’s arrest, officers should refrain from 
 encouraging or dissuading any individual from making\nsuch an arrest and 
 should instead limit advice to the legal requirements for such an arrest as 
 listed below.\n\n"364.4 OFFICER RESPONSIBILITIES\nAny officer presented 
 with a private person wishing to make an arrest must determine whether or 
 not there is reasonable cause to believe that such an arrest would be 
 lawful.\n...\n(a) Should any officer determine that there is no reasonable 
 cause to believe that a private person’s arrest is lawful, the officer 
 should take no action to further detain or restrain the individual beyond 
 that which reasonably appears necessary to investigate the matter, 
 determine the lawfulness of the arrest and protect the public safety.\n1. 
 Any officer who determines that a private person's arrest appears to be 
 unlawful should promptly release the arrested individual pursuant to Penal 
 Code § 849(b)(1). The officer must include the basis of such a 
 determination in a related report.\n2. Absent reasonable cause to support a 
 private person’s arrest or other lawful grounds to support an independent 
 arrest by the officer, the officer should advise the parties that no arrest 
 will be made and that the circumstances will be documented in a related 
 report."\n\n\nAPPEALS PENDING\nAttorney Ed Frey is appealing Becky 
 Johnson's astonishing conviction in the courtroom of Judge "Armtwist" 
 Almquiet this spring  (see "Notes on a Sinister Sidewalk Singing Trial" at 
 http://www.indybay.org/newsitems/2010/04/22/18645414.php).\n\nThe Norse and 
 Facer cases may also be appealed if the verdict comes in "guilty".  \n 
 https://www.indybay.org/newsitems/2010/09/20/18659348.php
SUMMARY:Verdict Due in Singsong 2 Trial
LOCATION:701 Ocean St.  Basement of the County Building Dept. 10  the Courtroom of 
 Commissioner Kim Baskett
URL:https://www.indybay.org/newsitems/2010/09/20/18659348.php
DTSTART:20100921T203000Z
DTEND:20100921T204500Z
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