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Santa Cruz Indymedia

LOCAL Announcement :: Civil & Human Rights : Police State : Resistance & Tactics

Witness an Appeal hearing of a Camping Violation (8/24)

Not a cause celebre, but absolutely penniless I've a ppealed a conviction of a camping violation that carries a $230 fine. Although the university was not timely in filing their "proposed statement on appeal... the plot thickens, and I know I'll need witnesses for this.
Please show up at room 10 in the county building at 10:30 AM WEDNESDAY - tommorow morning -
if you can. Yes this is late notice. It's essentially that I have witnesses because in the original trial, the "referee" cleared the courtroom for my trial: then she and the arresting officier pretty much had their way.

The procedure for an appeal required first that a proposed statement be filed, and the prosecution has an opportunity to respond.

They did not file there answer in a timely manner -
yet - to my surprise requested and optained a continuance so that the arresting officer could appear at the hearing for the "settlement of the proposed statement of appeal". Mine is the only statement legally on file. Apparently, the prosecution thinks they can use the hearing as a substitute for filing their statement - which IS not the process. According to state law, althoug the judge my suggest changes to obtain a "settled statement of appeal" my original statement must be also included in full.

Given the fact that the judge allowed material unrelated to the charge and unsubstantiated - and also the hearsay of an UNNAMED witness and even though she sustained my objection - she used the prejudicial material IN HER FINDING -

I'm certain things will not go well unless there are witnesses to the procedings.

Frankly, the prosecution - the University - should be S.O.L at this hearing - they have NOT filed their written reply to my statement as required.

Why they think they'll benefit from paying a UC cop to show up doesn't seem to auger well.

So come one and all and watch the wheels of injustice attempt to grind another pauper under it's wheels.

David Roknich
Editor of DOGSPOT

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What Happened Next?

Sorry I didn't know you wanted witnesses. HUFF (Homeless United for Friendship & Freedom) was meeting in the basement of the County Building at 8:30 Wednesday morning ironically.

Got any more details of the camping violation (city? county? UCSC?), who oversaw the trial, and how it went? Who was the judge overseeing the appeal? Was the D.A. or city attorney or UCSC attorney involved? How long was the final hearing? Do you intend to appeal further and what are the deadlines involved?

If you're interested in folks working on legal responses to the local camping laws, come on down to Jeffrey's (at Capitola Rd. and Soquel Rd.) 7:15 p.m. tonight (Wednesday August 24).

Or leave a message at 423-HUFF.

Re: Witness an Appeal hearing of a Camping Violation

Hi, David.

I'm really sorry I was unable to get to your appeal. Could you please provide an update and a way to help out, if needed.

Thanks for letting us know about what is going on with your case. $230 is an OUTRAGEOUS amount, particularly for a homeless person!!

Re: Witness an Appeal hearing...what happened

the judge entered the officer's previous statements as their "settled statement". I'm pretty sure they're not supposed to be able to enter ANYTHING that is not presented in their "proposed statement on appeal" - and they did not file one at all.
If this is the true, my appeal should be successful for that reason alone. I've leave contact info soon -
meanwhile, indymedia knows how to reach me.



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