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Modesto Mono Park 2 says NO WAY to D.A.’s “Deal” – Bring on the Jury Trial!
On Monday, November 10th, the Stanislaus County District Attorney was not interested in anything less than a misdemeanor conviction against two volunteers arrested for offering syringe exchange, public health safety and harm reduction services in the Airport District of Modesto, California. In an act of punishment and criminalization of public health service, the District Attorney had the audacity to offer the defendants a "deal" that included: 1) jail time, 2) three years probation, and 3) a "Stay Away Order," requiring them to stay out of the park where they were arrested. In an ironic twist, the stay away order was added the DAY AFTER defendants began conducting syringe clean-ups and public education about safe disposal in the Mono Park area.
The District Attorney keeps sending the wrong message LOUD & CLEAR: the lives of users, residents and workers in this community are not worth protecting from accidental needle sticks, disease or injury. In the mean time, the user's worst nightmares of disease or injury, a parent's worst thought of their child getting stuck, and the risk to park and public safety workers looms over Mono Park. In addition to the public health concerns, the "stay away" order on defendants' records would appear as if they were child molesters, abusers or drug dealers -- all of which would have a variety of negative consequences in the future.
Naturally, the defendants were not at all interested in this so-called "deal" and opted instead to go to jury trial. On February 1st, the Judge will hear decide whether or not to allow the use of a "medical necessity in defense of others." This hearing is critical because the necessity defense is key to syringe exchange trials; it has been used successfully in several cases, however, it was rejected in the last syringe exchange case to go to trial in Sacramento. The neighborhood syringe clean-up provided a grave illustration of the necessity of syringe access services: most of the syringes collected had been used so many times that the numbers were worn off of the barrels. A bad sign indeed.
The trial is scheduled to begin on March 23, 2010 at the Stanislaus County Courthouse.
If you are able to come out and show your support, please do! Also, please spread the word and please contribute to legal costs if you can.
Upcoming Court Dates:
- February 01, 2010 @ 1:30pm in Dept. 8
- March 15, 2010 @ 8:30am in Dept. 8
- March 23, 2010 @ 9:30am in Dept. 8
Stanislaus County Courthouse
800 11th Street
Downtown Modesto
For more information or to find out how you can help, contact the Mono Park 2 through the Off the Streets Project, at offthestreetsproject [at] yahoo.com.
Off the Streets Project:
offthestreetsproject [at] yahoo.com
http://www.offthestreetsproject.blogspot.com/
Naturally, the defendants were not at all interested in this so-called "deal" and opted instead to go to jury trial. On February 1st, the Judge will hear decide whether or not to allow the use of a "medical necessity in defense of others." This hearing is critical because the necessity defense is key to syringe exchange trials; it has been used successfully in several cases, however, it was rejected in the last syringe exchange case to go to trial in Sacramento. The neighborhood syringe clean-up provided a grave illustration of the necessity of syringe access services: most of the syringes collected had been used so many times that the numbers were worn off of the barrels. A bad sign indeed.
The trial is scheduled to begin on March 23, 2010 at the Stanislaus County Courthouse.
If you are able to come out and show your support, please do! Also, please spread the word and please contribute to legal costs if you can.
Upcoming Court Dates:
- February 01, 2010 @ 1:30pm in Dept. 8
- March 15, 2010 @ 8:30am in Dept. 8
- March 23, 2010 @ 9:30am in Dept. 8
Stanislaus County Courthouse
800 11th Street
Downtown Modesto
For more information or to find out how you can help, contact the Mono Park 2 through the Off the Streets Project, at offthestreetsproject [at] yahoo.com.
Off the Streets Project:
offthestreetsproject [at] yahoo.com
http://www.offthestreetsproject.blogspot.com/
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The cleanup of mono park
Tue, Nov 17, 2009 8:59AM
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