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Indybay Feature

"Trial Readiness Hearing" for Lemaster Lodging Trial

Wednesday, October 31, 2012
9:00 AM - 9:00 AM
Event Type:
Court Date
Linda Ellen Lemaster
Housing NOW! in Santa Cruz
Location Details:
701 Ocean Street, Santa Cruz
Courthouse (at Water St intersection)

possible Department #3 or #1

A 'trial readiness hearing' is for the "housekeeping" so the Judge knows everything is ready, I was told. Well, last time I was ordered to be in court for same, it was "all good" except there was NO COURTROOM available. This, after two years?!

So I'm posting this notice simply to inform, no need to come to this detail. Thoughts of support, and prayers, are very appreciated. Maybe this time they'll have a courtroom to assign?

After court's 9 a.m. moment, I'll return to Indybay Santa Cruz, and post the finale: When Lodging Trial Begins.

Many speculate it starting Nov 5th at 9 am, but we'll know for sure tomorrow -- Judge, date, time, dept(courtroom) should be finally set.

Meanwhile look at this life: can't wear my hallowe'en costume downtown because the court has a higher claim on my life than I do? And if I can't adapt to these parameters, they put me in jail and make me eat green bologna?

Lodging Trial Prob'ly goes on Monday morning
for more background, here's ""
Added to the calendar on Wed, Oct 31, 2012 2:36AM
§Lemaster Lodging Trial, update after Oct 31st Trial Readiness Hearing
by Linda Ellen Lemaster
There was my name, on the 9 am docket for 'trial readyness hearing.'

And there was me, with attorneys Jonathan Gettleman and Eric Nelson. OSC's Sylvia C. was there and very supportive, she left before all the waiting had passed in Dept 1. A lot of sitting still in a room with about ten others waiting for their turn in front of the Judge -- Honorable Rebecca Connolly, Dept/courtroom #1.

This hearing today is a repeated step toward trial. Lawyer Gettleman and a DA both say again to Judge they're ready.

Judge Connolly said simply, "OK, I'll see you all Friday at 1:30 (p.m.) for any additional 'en liminen motions'. (spelling a total guess on that Latin). It kinda means setting rules of limits for what gets said in trial. So Monday, as anticipated, will be Jury Selection for Lemaster Lodging Trial.

Therefore either late Monday, or more likely starting in first thing Tuesday (9 a.m.), expect the actual trial arguments to begin.

If you want to attend this trial, either to be supportive or to keep an eye open for Lady Justice, I recommend Tuesday morning ~~ come on down to 701 Ocean Street, Santa Cruz, to the Courthouse.

In a large way, this trial is about the First Amendment. When it is all over, and when I've done either celebrating or being punished, I plan to begin lobbying to get rid of the status-crime law, Lodging 647(e). I may start with the state legislature, but am open to everyone's suggestions.

We were the last ones out this morning, done by 10:20 a.m.
§Lodging trial, Friday update - motions for Lodging trial today 1:30 pm
by Linda Ellen Lemaster
This an update and invitation -- at one thirty today, in Judge Connolly's Department/courtroom #1, my pro bono attorneys Jonathan Gettleman and Eric Nelson, and the District Attorney's office, and the Judge will go through motions intended to "shape" the rules of Lodging Trial for the Jury. Today at 701 Ocean Street, Santa Cruz.

Don't know yet the scope and breadth of this process, but I imagine I will leave court today -- for the first time after several dozen visits since getting the ticket at PeaceCamp2010 -- with a something of an idea about what the Jury will be allowed to hear and consider. I hope. The only wee detail I may have overheard somewhere: the D.A. wants to show pictures of a DAYTIME Peace Camp scene, outside the same courthouse, to argue about my NIGHTTIME sleep-related arrest.

BTW, Santa Cruz is not the only court these days that has decided that being asleep is the standard by which a police officer can determine if a (sleeping) person has taken away the rightful use of 'real property' from its owner or owner's agent. In lay thinking, this seems ridiculous. But what is the state to do, with so many people living "outside the lines" of our social systems and expectations? More importantly, what else can the people do? Come to a diverse gathering on Dec first if you're interested in sharing and working with a lot of other folks who can see a "homelessness" problem, in one sense or another, that isn't humanely ready for the present, let alone the near future. The event is at Cabrillo, a level of committment for that day is involved; more details on my blog: I will be adding the website for event, in a coming article about this Dec 1 Summit on Smart Solution for Homelessness, on Indybay. (Unless someone else does this before I can?)

Back to Lodging:
In note above by Robert Norse, a link refers to the Writ of Habeas Corpus which my attorneys filed.

Not exactly true it was dismissed as stated there. The Writ was reviewed as appealed to Judge Paul Marigonda, after the Dept 2 judge (who jailed Gary Johnson, and Ed Frey's ankle, for their Lodging tickets) dismissed it. Judge Marigonda did not accept the emptiness of the DA response within this appeal, but he ruled on some concerns nonetheless, with disclaimer that his review is at the mercy of my trial judge -trialto start finally on Mon Nov5 (jury selection) and Nov 6 (trial) and perhaps one or two days on. Generally, such an appeal has the trial record to draw on.

Come Tuesday to Dept 1 if you want to watch the trial arguments. You are also welcome to the jury selection Monday, of course, if you're interested and that's when you are free. And if I don't see you there this afternoon starting at 1:30 pm, I'll add a note here later regarding anything compelling or surprising or that I can understand.

I'm rooting for the underdog, and it shakes my grasp of reality to find myself thinking of our Justice system as an underdog in this economy.

I appreciate everyone who has supported me in this years-long Lodging Trial prep, grateful for every word of encouragement and every person who's been validating my conscience. Grateful especially for the courage of Peace Campers near and far, and for Gary and Ed, for their leadership and compassion.

lighthouse Linda

§Lodging Trial 647(e): Motions established for next week's trial
by Linda Ellen Lemaster

the 'in lemony motions' to determine the rules and flow of the trial and support jurors, were established, except for one that gets resolved by email between judge, lawyers and DA's office MONDAY morning. (Pardon my Latin) One could say they are done cooking up the general and specific-to-trial rules for the Jury.

Judge today said the trial will be going on afternoons (so like 1:30 pm), with her promise to try to secure some mid-morning start on Tuesday if she can. With that possible Tues exception, the rest starting at 1:30 pm. So, Monday (Nov 11), Tuesday (time tba), probably Thursday and possibly even some Friday of next week for the Lemaster Lodging 647(e).

If you want to watch the jury selection process, come to Honorable Judge Rebecca Connolly's dept/courtroom 1, Superior Court of Santa Cruz County Monday Nov. 5 at 1:30 pm. If you're interested and have the luxury of picking whenever time you want, and plan to witness some of the trial, I recommend Tuesday. Or, consider the closing statements, if that can even be predicted.

I am hopeful friends and allies might witness all or most of the trial's arguments, taking turns or together. If you pray, please ask Great Spirit to help me get better sleep by Monday if it serves?

Write to my email addy if you have questions, concerns or suggestions. Look here at Indybay Calendar or comments for my updates, and I can aim for daily notes during the trial.

Thank you, Leslie, Kent, Becky, Robert, for being there today, and to everyone who has written or otherwise offered encouragement. It helps. Especially thank you to my prop bono attorneys, Jonathan Gettleman and Eric Nelson for sticking by me and my PeaceCamp2010 allies so long. Finally today, it begins. May the greatest good be our guiding wish.

with gratitude, Linda


Comments (Hide Comments)
by A. Supporter
My thoughts are with you, Linda.
by G
watching over the ill.

Best wishes, Linda!
by RazerRay
Last I heard the court date had been changed to the 31st but it's been changed so often when I didn't see any calendar item I figured the hearing had been delayed again. Sorry I wasn't there.

Oh... and vote for Pamela Comstock, for Riot Porn queen. A vote for Pamela Comstock is a vote for the displaced workers of Santa Cruz to riot (preferably at city hall, when the 'council' is in session)
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