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Indybay Feature

Supporters Pack the Courtroom for the Highway 17 Six

by Alex Darocy (alex [at] alexdarocy.com)
Supporters packed a Santa Cruz courtroom today for preliminary hearings concerning the six UCSC students who were arrested for blocking traffic on Highway 17 on March 3 to protest tuition increases. Today's hearing was the first time all six of those arrested have appeared together in court, and they all have legal representation now. None have pleaded guilty to the charges they face, which include misdemeanors for "resisting arrest" and creating a "public nuisance." [Top photo: The six UC Santa Cruz students and their attorneys assemble before the judge for the first time as a group.]
800_highway-17-six-uc-santa-cruz.jpg
Judge Denine J. Guy set the next hearing date for the defendants for April 8, and said the issue of restitution could come up as part of the proceedings.

During the highway blockade on March 3, the students sat across multiple lanes of the roadway and locked themselves to garbage cans full of cement. It took officers with the California Highway Patrol several hours to release them and clear the traffic lanes.

In response to the highway blockade, the UC Santa Cruz administration suspended the six students from entering all campus facilities, which has left them without access to their homes, food plans, health care, and education.

Supporters are asking individuals to sign a petition to drop all of the criminal and student judicial charges that have been leveled against the students. The Petition can be signed at:
https://www.change.org/p/cp-evc-alison-galloway-alma-sifuentes-santa-cruz-county-district-attorney-s-office-drop-the-criminal-and-student-judicial-charges-on-the-highway-17-six-students

Additionally, a Gofundme account has been created to help the students with the various financial difficulties they now face:
http://www.gofundme.com/oee2do


Alex Darocy
http://alexdarocy.blogspot.com/
800_judge-denine-guy-santa-cruz.jpg
§Speaking with supporters
by Alex Darocy
800_highway-17-6-ucsc.jpg
§Supporters provide solidarity to defendants
by Alex Darocy
800_highway-17-six-ucsc-students-santa-cruz-court.jpg
Add Your Comments

Comments (Hide Comments)
Support them or not, that's a high bar to clear.
by G
It seems likely it will be difficult to seat an unbiased jury, which is critical to the integrity of 'rule of law' (as implemented (not that the bugs aren't fatally numerous)).

"Were you in a car in Santa Cruz on March 3rd?"

"Do you have friends or acquaintances that were in a car in Santa Cruz on March 3rd?"

"Do you read the Sentinel or watch local TV news?"

"Do you have friends or acquaintances that read the Sentinel or watch local TV news?"

That alone could dismiss the jury pool, and coupled with license readers, any verdict rendered could be challenged...
by I think
Regardless of what percentage of the community might have been personally effected or involved with the incident, or similarly know someone who was, I still can't imagine they'd have a better chance in any other county.

Santa Cruz, barring Berkeley, is about as liberal as CA gets. In any other county, even unaffected parties would probably be more likely to convict.

I think they face an uphill challenge regardless. They took a very bold step, it got the attention they wanted, but they now may face the consequences for same that they didn't anticipate. Passion may have outweighed objectivity.
by Counting Tax Dollar Waste
There can be no defense jury in any county in California in this case as this is a car oriented state, that is, most areas do not have comprehensive public transportation systems so the car is a necessity. If the State of California (the prosecution) decides to waste our tax dollars on a trial, it will be a court trial, with the judge making the decisions, not a jury, if court trials are allowed in criminal cases. If the dollar counters (sanity promoters) prevail, there will be a plea bargain agreement, hopefully just sentencing the defendants to some community service time for the public nuisance charge and dismissing the resisting arrest overcharging routine. The 4 who appear to have been in jail for 2 weeks should also get credit for time served. Apparently, the judge freed the remaining sit-downers at this hearing. If a Court Trial is not possible in criminal cases, then THE PUBLIC NUISANCE CHARGE MUST ALSO BE DISMISSED AS THE WASTE OF OUR TAX DOLLARS ON THIS CASE MUST END, and the sooner, the better.

MEANWHILE, THE TAXPAYERS ARE PAYING FOR ALL OF THIS. We paid for the very expensive California Highway Patrol, at least $100,000 a year and up plus benefits for each CHP cop, at the scene of the sit-down. We also paid for all the equipment and labor to dismantle the horrible locks. We have paid for 2 weeks jail time for 4 people, which is 3 meals a day, clothing and the maintenance of the jail facility, and all the labor employed at the jail. At least 4 of the sit-downers are represented by public defenders since they have no money, all at taxpayer expense. A trial costs lots of money, even if it is just before a judge, and the only party that has the money is the prosecution, courtesy the taxpayers. WE DO NOT WANT ANY OF THE DEFENDANTS TO SPEND ANOTHER MINUTE IN JAIL AS THAT IS A WASTE OF OUR TAX DOLLARS.

Hopefully, all of the students involved in the sit-down who have student loans, as well as all the other UC Santa Cruz students who have student loans, will finally learn that the only tactic that works is to leave school and take any job as a paycheck is better than any debt and it is never wise to go into debt to go to school. The sooner that occurs, the sooner tuition and fees will come down, UC will quit construction projects like a campus in Richmond, CA they are proposing, and stop lining the pockets of administrators and football coaches with extravagant salaries, better known as bribes for singing the company tune. As workers, we have much more power than as students because labor creates all wealth.

There are more and more job openings. Wells Fargo is now advertising for bank tellers, the post office needs all kinds of workers, Federal Express needs workers, and the restaurants of San Francisco are begging for workers because there is no where for the labor force to live in San Francisco anymore. If you are willing to commute, all of these employers should be considered. All university students have excellent English language and word processing skills, so they all qualify for all office jobs. Join the labor force and organize the unorganized. Labor is only 10% organized in this country; that is why we have so many problems. We need you in the labor force now; your future is always with labor. UC is the mouthpiece of the capitalist class; join the workingclass today and you will then be able to change the school system and everything else.
by Razer Ray
chemtrails_are_not_hiding.jpg
[Photo: Chemtrails... What are they hiding? Nothing... Just diverting your attention from taking responsibility]

Maybe it's simply because I decided after years of truck driving to go from "Class A" to "No Class", ditch internal combustion, and use a bike for transportation that I support the blockage of the Fishhook 100%. I DO NOT SEE "clear cut evidence of anything here but a citizenry that was literally coerced into using cars (https://www.google.com/search?&q=la+streetcar+conspiracy) to go about their daily business and now, like monkeys in pedal cars, refuse to get out of them, throwing their own poop (when they aren't throwing what's now known as the most common cause of heart disease, smog particulate https://www.google.com/search?&q=study+smog+particulate+and+heart+disease ) at others.

If the defense plays this right in front of a jury it IS possible to 'hang' it for perpetuity given the number of people here who despise cars despite their corporate enforced neccessity, and hopefully the expense of retrials will mean ONE LESS MILE OF HIGHWAY REPAIRED so some jackass commuting over the hill will stress over chipping their bimmer's paint and simply move closer to where they work instead of polluting the planet. All one has to do is look south towards crapitola any non-foggy day to see "Smogrise over Capitola", which is the end result of tens of thousands of commuter cars climbing the grade on 17 leaving the smog to flow down the hill right into our lungs.

Fuck their cars and their 'neccesities'

by G
The focus of higher education was supposed to be the pursuit of knowledge. It became a 'job training' reputation guild, disinterested in Socrates wannabes. So, to be considered for 'good jobs', a degree is needed.

The UC system was supposed to be an equalizer, a public system. Tuitions are not a barrier to the children of the wealthy, and private institutions are their preferred option. So it's interesting to see all of the victim blaming, the simplistic 'get a job' thinking (ignoring the limited career potential of the non-degreed, the abuses, and the 'feeding at the trough' behaviors of UC management and cronies), and the thirst for punishment via a system that is monopolized by expensive post graduate 'legal experts'.

The United States was pitched as an equalizer, a 'none above the law' system powered by the 'consent of the governed'. Somewhere along the way it devolved into 'Napoleonic law', where the wealthy and powerful are immune from prosecution, even when they steal trillions of dollars.

Those interested in social mobility, hoping their children would do better than they did, have been trapped by an economic con-game. Their children have been dragged into a debt hustle, and after speaking out for years, they have begun to take demonstrative action, attempting to draw attention to their plight. To ignore, belittle, and persecute them for their desperation might feel good in the short term but carries the possibility of significant pain in the long term.

Yes, for decades the corruption has grown, but in recent years it has accelerated. The long game of strangling the 99% via any means necessary is paying rich dividends to those that are immune. That is an old, story. Very old. And the inevitable cliché plot turns are also well known, and perhaps closer than assumed.

http://www.alternet.org/economy/why-american-conservatives-are-suddenly-freaking-out-about-guillotines

My impression is that a jury trial or a non-jury trial is (at least in part) a choice for the defense, in criminal cases. I could be wrong. I am not a lawyer.
by Culture Warrior
So the prosecution wants to discuss r̶e̶t̶r̶i̶b̶u̶t̶ ... Restitution...

I say it's about even. These people did more than their part, and INCONVINENCED THEMSELVES in a VERY dramatic manner to commit an act of keeping the air over Santa Cruz just a little... bit... cleaner.

What say we replace the local do-nothing EPA and what passes for an air quality watchdog with MORE HIGHWAY BLOCKAGES.

Think of all the money currently wasted on corrupt bureaucrats that would be saved.

Simply rolling cement filled barrrels, or even BIG EMPTY PLASTIC ONES out onto the freeway without human risk to life and freedom should suffice on a daily basis to TOTALLY disrupt the 'monkeys in pedal cars', as a commenter above called socially conforming smog-generating 'commuters' (also known as "Wage Slaves"... Economically Indentured Servants. The economic equivalent of "Uncle Tom"). I assume their anti-lock brake systems work well because most of them would have been in wrecks a long time ago without shit like that nanny-ing them down the road on the car in front of them's bumper.
by Cruzer
How about the Construction Company that lost more than $10,000 in concrete because the transport mixer was stuck? Or the person who missed their Father's Funeral? Or the little kid on the way to the doctor who sat in the back seat screaming in pain, which was later discovered to be a broken arm?
by and will be overstated by the DA
The Highway 17 Six students will have to see this through to trial to get a fair ruling on the restitution figure.

The DA is already holding this case up by expecting the defendants before pre-trial to plead guilty to all of the charges and to agree to pay a still undisclosed restitution amount. The Highwy 17 Six students have not been offered any sort of fair plea deal.

See KSBW's reporting about the DA's attempt to stall the Highway 17 Six case based on dubious restitution claims:

http://www.ksbw.com/news/6-uc-santa-cruz-students-decline-to-plead-guilty/31856210

Their case could turn out to be like the Santa Cruz Eleven case. One of the SC11 defendants has said they would have pleaded guilty long ago if it wasn't for the ridiculous restitution amount insisted on by the DA. Wells Fargo really overblew the "damages" in that case. The SC11 have been in court for four years at a tremendous cost to the Santa Cruz taxpayers. The DA's office profits from this by keeping cases active for so long, but the taxpayers suffer, as does the concept of justice.

In the case of the highway blockade, the construction company's claims have not been fact checked, and are most likely overblown, or a complete lie made by some anti-protest Take Back Santa Cruz nut.

Also, the gridlock that resulted from the Highway 17 blockade was overblown. People weren't stuck in traffic for very long, especially since getting stuck in traffic in Santa Cruz is a regular occurrence due to overpopulation.

Most of the examples people give in relation to the restitution issue are overblown or complete lies. Case in point: the previous commenter expects people to believe that someone is owed money for saying they missed a funeral? Ridiculous.
by G
That was fast!

Did they say alleged, even once?
by Support the Highway 17 Six
In the summer of 2013 activist Will Parrish was arrested for "occupying" a piece of Caltrans equipment to stop the development of a highway project near Ukiah. Caltrans originally sought over $400,000 in restitution for the protest, but it was eventually knocked down to $9,460.45.

Here are a couple of articles about it:

"CalTrans seeks $154,733 in restitution fees from Will, down from their original claim of $490,002. This is in spite of the fact that Will already settled the criminal charges related to his non-violent action in Jan. 2014, with the Mendocino County DA agreeing to two misdemeanors, which become infractions on Will’s record in Jan. 2016, and 100 hours of community service (which Will has already completed)."

From: http://www.savelittlelakevalley.org/2014/10/06/gather-oct-10th-will-parrishs-restitution-hearing/


"Ukiah-based journalist Will Parrish will pay $9,460.45 in restitution for his 11-and-a-half-day occupation of a “wick drain stitcher” in the Willits Bypass construction zone last June and July, Mendocino County Superior Court Judge John A. Behnke ruled last week. Behnke released an eight-page restitution order on Dec. 22nd that spells out his rationale for this decision."

From: http://www.savelittlelakevalley.org/2014/12/30/will-parrish-restitution-amount-set-at-9460-45/
by G
That (former?) Clean Team/Take Back Santa Cruz type seemed to get off easy...

"Greiner was ordered to pay more than $2,000 in restitution to the victims and must register as a sex offender, according to the ruling."

http://www.mercurynews.com/crime-courts/ci_26459253/santa-cruz-surf-instructor-dylan-greiner-serve-nearly

Nice 'more than' framing. I don't know if KSBW sprinkled a lot of 'alleged' on that case.
by scbloom
I noticed local TV news report during and right after the March 3 Highway action, that the TV news instead of just reporting the news stated that their was a petition (on Change.org) to punish the students and how to access and sign such petition. If they were really fair and balanced, why didn't they tell folks how to start and sign a petition in defense of the students actions?
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