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Indybay Feature

Linda Lemaster Writ of Habeas Corpus Hearing

Friday, October 28, 2011
1:30 PM - 3:30 PM
Event Type:
Court Date
Becky Johnson
(831) 423-HUFF
Location Details:
Santa Cruz County Courthouse, 701 Ocean St. Dept 2

Pro bono attorney, Jonathon Gettleman is defending Linda Lemaster for charges of "illegal lodging" when she fell asleep at a protest against the Sleeping Ban in August of 2010. She faces up to 6 months in jail and up to $1000 fine for falling asleep once on the steps of the courthouse. Lemaster is housed but is a longtime advocate for houseless people and was defending their civil rights.

In June, defendants GARY JOHNSON and ED FREY were sentenced in Judge John Gallagher's court to 6 months in jail for sleeping when they refused 400 hours of community service. When FREY, who is an attorney, asked to be released on bail to file an appeal, Gallagher set bail at $50,000 for both men.

At a later hearing, Gallagher reduced bail to $110 (what the bail schedule had said all along, apparently) and both men are currently out on bail pending appeal. Both face being returned to jail to complete their 6 month sentences.

Supporters are urged to attend Gettlemen's hearing on his writ of habeas corpus which can be read here:
Added to the calendar on Fri, Oct 21, 2011 8:22AM
§Hearing Vacated
by Robert Norse
Word from Linda is that her attorney Gettleman has advised her that the hearing has been cancelled. I'm not sure if this is because Judge Gallagher wants to give the D.A. more time to get her ducks in order, or for some other reason.

Perhaps the fact that scores of people are doing exactly what she did--protesting at night and occasionally sleeping--may have been a factor.
Robert Norse guessed right in his comment.

The District Attorney Sarah Dabkowski had not filed the reply to my lawyer's Writ of Habeas Corpus, which attempts to get to the bottom of this usage of the lodging law, by her cout-ordered Oct 14th deadline, and it still has not been done as of Monday, 10 - 24. So the October 28th court date was vacated.

The DA had asked for a way around answering the Writ, but Judge John Gallagher did not assent. Still, no follow-up information.

On November 6 we are having a Benefit Dinner at India Jose Restaurant, on Front St in Santa Cruz. Hopefully there will be news, then?

I have invited both my attorney, Jonathan Gettleman, and Ed Frey representing others ticketed for Lodging 647(e), who's working now on his and client Gary Johnson's appeals, to speak briefly at this benefit dinner.

These citations for illegally Lodging from the County Sheriff Deputies were issued in August 2010 to disrupt the peaceful assembly of homeless demonstrators and their allies, which we called PeaceCamp2010.

There will also be brief political entertainment during the benefit. And expect great cooking! Our attorneys need many more supporters. If you want to help with prep or to contribute, contact me asap, homes4everyone [at]
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Robert Norse
Thu, Jan 5, 2012 4:47AM
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