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Update on Steve DeCaprio's Case- Monday at 9am, closing statements

by Mahtin
Testimony in Steve DeCaprio's trial ended on Friday. On Monday morning at 9:00 sharp, Steve will give his final argument before the jury.
The District Attorney has been re-examining witnesses, which Steve feels means that Steve was able to cross-examine them in a way that makes her feel that she would have to bring out more information.

Steve has established that there is a procedure for the "no trespass" letters that the city of Berkeley uses, but the procedure has no foundation- anyone can fill out a no trespass letter, and then the police will follow up. This allows them to easily harass homeless people on properties, such as in Steve's case. When officer Fomby was on the stand, he admitted that this helps them to skip a step (investigation into whether they had the right to enforce a law). Steve says that this is a flawed process.

Officer Fomby and the city attorney's office have given briefings to other officers about the Berkeley Police Department's policy of enforcement at the address of Steve's house. In court, they acknowledged that they mention his name in the briefings. In one call for service they referred to his name "Steve" (as in, "Steve is at <house address> again," or something to that effect). In Steve's view, the fact that officer Fomby admitted that there is a policy about him shows a conflict of interest.

Steve was able to ascertain from what the District Attorney said in court that the original three charges from 2004 were dismissed and the 2005 charges are the ones that are being discussed now. Three of the four newer charges were filed after his civil rights lawsuit against the city was filed.

Steve thinks it is important to show that the policy of enforcement was developed by the city attorney, which involved him representing the city in the lawsuit- was developed after the civil rights suit was filed. Steve feels that he has done a good job in bringing out everything he needs for his case. He has been very busy in the last months and weeks, because in addition to not having access to his house and preparing for his trial, regular life continues-- he is juggling band rehearsals and work.

Testimony in Steve DeCaprio's trial ended on Friday. On Monday morning at 9:00 sharp, Steve will give his final argument before the jury. After both sides have given their final statements, the jury will deliberate and come back with a decision.
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