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Indybay Feature

Freedom Sleeper "No Assembly at City Hall Grounds at Night" cases Go to Court

Date:
Friday, June 24, 2016
Time:
1:30 PM - 3:00 PM
Event Type:
Court Date
Organizer/Author:
Robert Norse
Email:
Phone:
831-423-4833
Location Details:
County Courthouse Superior Court 1

In an attack on peaceful protest against the City's anti-homeless Sleeping Ban outside City Hall each Tuesday night, police have forced activists off the grounds and ticketed many.

In a court trial before Judge Sam Stevens, attorney Kate Wells will argue that two citations given to Robert Norse were invalid.

She will argue that (a) closing the City Hall Courtyard at night illegally denied access to the City agendas, posted just outside City Council; (b) Norse was on a pathway through the area--an exception to the "no access" order; and (c) banning peaceful public assembly at the seat of government in the absence of some kind of emergency is unconstitutional.

At a hearing last week, Judge Paul Marigonda has already refused to order the police to present video and audio of the incidents. City Attorney Gallogly claims that police have advised him that they were just "pretending" to video/photo and/or the evidence was destroyed. None of this prompted any objection from Marigonda.

More background: "Freedom Sleeper Case Demands Police Release Video Records " at https://www.indybay.org/newsitems/2016/06/16/18787630.php .
Added to the calendar on Wed, Jun 22, 2016 11:25PM
§1:30 PM is the Correct Time !
by Robert Norse
Thanks to James Brown! I just checked with a live person at the Superior Court and he is correct.

Though Marigonda (henceforth to be called Muddybrained Marigonda) told all of us that the Friday trial was at 10 AM on June 24, it's indeed scheduled for 1:30 PM instead. Interestingly enough, neither the Court nor the City Attorney advised us of the time change.

Folks should be aware that this is a non-jury trial before a judge--as is the case in all Infraction cases. Judge-not-jury Infraction trials deny the indigent defendant the free advice of a Public Pretender, er, Defender, and also eliminate the requirement for a jury trial.

An infraction trial does provide the benefit of denying the judge the option of sentencing the defendant to jail if found guilty. (However the SCPD has found a "repeated infraction" a good pretext for jailing someone pre-trial) Instead the defendant may have to pay an exorbitant fine or a lesser "fee" to do "Community Service" (more properly known as Community Slavery).

My apologies for any confusion--though it's a pity. Salinas activists from the Union of the Homeless were going to truck over and video the proceedings were the trial to be held earlier as scheduled by Marigonda.

Salinas activist Wes White will be giving an update on the nightly Salinas City Hall Sleep-Out tonight on Free Radio Santa Cruz 6-6:30 PM at 101.3 FM (freakradio.org).

Free Radio has restored call-in capability (831-427-3772) so feel free to call in with your thoughts. Folks should also call that number with breaking news at any time--though you may not find someone in the studio.
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Sun, Jun 26, 2016 11:31AM
Razer Ray
Sun, Jun 26, 2016 7:09AM
Truth seeker
Sat, Jun 25, 2016 11:24PM
John Cohen-Colby
Sat, Jun 25, 2016 10:50PM
brent adams
Sat, Jun 25, 2016 10:30PM
James Brown
Sat, Jun 25, 2016 6:03PM
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Sat, Jun 25, 2016 3:45PM
HT
Thu, Jun 23, 2016 5:13PM
John Cohen-Colby
Thu, Jun 23, 2016 9:21AM
James Brown
Thu, Jun 23, 2016 7:28AM
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