Court Update on Wes Modes' Parade Prosecution
Surprise court appearance this Monday morning, with virtually no notice. The city attorney persuaded the court to have the matter heard today (it was only supposed to be a confirmation for Friday's hearing).
A week ago Friday, Wes' lawyer filed a Murgia discovery motion (alleging discriminatory prosecution) and a request for continuance (to continue the trial until after the Murgia motion was heard). The city attorney opposed the continuance and so the Murgia discovery motion wasn't heard by the court, so Wes won't get documents that would have helped show the city's bias against Wes. In general, since this is an infraction matter, the judge would like this case to be over and done with as soon as possible and so wasn't interested in anything that delayed the trial.
Of course it is difficult to defend against participation in a parade, when the evidence fairly shows Wes' participation along with thousands of other people. The only argument left really is to try to show discriminatory prosecution (even without Murgia material) at Friday's trial which the defense will argue. The city attorney has the burden of proof to show Wes was at the parade and knew for certain that the parade this year was not permitted.
Trial is on Friday 16 July 1:30pm Dept 2
Feel free to come and show solidarity.
More info: http://www.indybay.org/newsitems/2010/07/06/18652806.php http://www.indybay.org/newsitems/2010/05/27/18649032.php http://www.indybay.org/newsitems/2010/04/16/18644889.php