Highway Six Sentencing Hearing ACLU Letter of Support

NOTE: At the Highway Six sentencing hearing which took place Monday morning before Judge Denine Guy, five of the six defendants (Lori Nixon, Xander Pearce, Janine Caceres, Ethan Pezzolo and Sophia DiMatteo) were sentence to 30 days in jail with credit for time served. Rosa Petterson's attorney was not a available. The court stated that all defendants were eligible for one of the available Custody Alternative Programs administered by the County Jail. Three years informal probation was also imposed together with court ordered fines. A hearing on restitution will take place at 1:30 Tuesday afternoon also before Judge Guy. The amount stated at this time is approximately $40,000

Prior to the hearing, support letter packets submitted were on behalf on each separate defendant. The following Letter in support of all six defendants was submitted personally and reflects the clearly stated position of support by ACLU Santa Cruz County:

June 29, 2015

The Honorable Denine Guy
Judge of the Superior Court
Superior Court of Santa Cruz County
State of California

Your Honor,

As both a resident of Santa Cruz and the Vice Chair of ACLU Santa Cruz County, I have come to know and respect the six students who appear before you for sentencing today. I have come to know them as individuals whose concern for the broader issues that face our community and our university system has compelled them to stand up for what they believe. I have come to respect them because their conscience has compelled them to act at great personal cost.

The sanctions imposed by the university have impacted their lives in several substantive ways, not the least of which is the loss of their present ability to pursue their education. Those sanctions, which the ACLU believes to be overly harsh, have had and will continue to have an unalterably punitive effect notwithstanding the judgment of this court. Yet these six individuals have come before this court with honor and respect. They have not attempted to shirk responsibility for their actions nor have they attempted to lay blame at the feet of others. I would respectfully submit this as as factor in mitigation for the court’s consideration.

I have always believed that we live in a just society and one of the foundational tenets of that society is that punishment should not, and cannot, be disproportionate to the crime. Law and justice are not incompatible concepts in this respect. What may be deemed appropriate under the letter of law may not serve the interests of justice when viewed under the totality of given circumstances. Respectfully, the case before this court is one such instance.

When these six individuals leave this court today, they will have irretrievably lost the class time and university credits toward graduation that they would have earned as well as the housing, financial and other benefits that their current status prevents. The court’s judgment cannot change that. But the court can exercise its discretion and impose probation rather than incarceration. I respectfully submit that the interests of justice would be abundantly served thereby.

Respectfully submitted,

___________________________________
Steve Pleich Vice Chair
Board of Directors
Santa Cruz County Chapter
ACLU of Northern California