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Indybay FeatureRelated Categories: Santa Cruz Indymedia | Global Justice and Anti-Capitalism | Indymedia | Police State and Prisons View other events for the week of 5/18/2012
The only videos D.A. Bob Lee's office have released are posted on his own special You-Tube site at http://www.youtube.com/user/SantaCruzDAs.
Ironically, none of these have been provided to the defense, as far as I know, in spite of repeated requests. Instead they have been released without documentation or adequate time stamp to the public generally to whip up informant testimony.
Clearly these videos are available--so why haven't they been provided with time stamp?
Is the D.A.'s office lazy, incompetent, or contemptuous of the defense? Or do they feel they are simply above the law?
Nor does the D.A.'s office deny they have the longer videos, simply they are "having trouble" copying them.
The willingness to ignore basic evidentiary requirements and First Amendment concerns has resulted so far in 6 dismissals.
The arrogance of power seems alive and well in Santa Cruz
From second-hand reports (I was sick and not able to attend the hearing),
I understand that Judge Burdick granted the Motion to Compel. Young did not even oppose it. Burdick ordered Young to present video that she'd partially provided to some of the attorneys but not to others by Monday 5 PM. This would include the great majority of the video which hasn't been passed over, as well as video that hasn't been downloaded from the police server as well as other documents. In spite of the endless delay and possible prevarication by Young around this, Burdick suggested no sanctions or penalties for her--as I understand it.
The Motion was joined in by attorneys Brian Hackett (representing Gabriella Ripplyphipps) and Dan Clymo (representing Becky Johnson). Not sure why the two other attorneys whose clients (Brent, Desiree) are also scheduled for Preliminary Hearing May 29th weren't doing so. It seems pretty clear to me you don't proceed to the Preliminary Hearing where you get the cops on record under penalty of perjury until you have all the evidence to ask questions from.
One thing that did come out of the hearing apparently was that Burdick, who the clerk's office said would be on vacation from 5-21 on, said he'd be on the bench for the Preliminary Hearing. His refusal to grant a continuance may have been a disguised way of saying "I've dismissed all the other cases; that's the way these will probably go too; why sweat it?" That's the positive interpretation.
Then it could be that Burdick is just tired of this circus--as we all are.
The video could be helpful in showing police selective enforcement and D.A. selective prosecution. Be a battle to prove it though, I imagine.
With cases against Occupy activists all around the country generally coming up not guilty or dismissed, it may embolden folks to hit the streets again. We'll see.