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Pre-Trial Hearing in Norse Case Wednesday August 30 10 AM Dept 1
Attorneys David Beauvais and Kate Wells will be representing Robert Norse Wednesday August 30th in Dept. 1 in a pre-trial in-limine hearing. This is a hearing to limit what can be presented at jury trial on September 25.
I've described the issues involved in earlier stories (see: "Norse Trial Postponed to May 22nd" and attached comments at http://indybay.org/newsitems/2006/04/18/18160331. php).
In this hearing prosecuting district attorney Archie Webber will try to persuade Judge Guy to allow him to present evidence of past "disruptive" behavior to the jury.
I contend that my behavior at City Council has generally been non-disruptive. Rather, Councilmembers themselves have disruptived the public process in order to muzzle and exclude me and others from the discussion.
At issue are basic questions: what really constitutes "disruption" at a City Council meeting? Is it a simple violation of Council rules? What if those rules violate the letter or the spirit of the Brown (Public Meeting) Act?
If the judge excludes what City Councilmembers claim have been past "disruptions", one attorney predicts this case will be dropped.
If that happens, we may go to court on September 25th in federal court in San Jose--with the City Council in the dock this time. We claim the Council engaged in false arrests and has shown a pattern of repression using its "decorum" rules.
There's also a HUFF (Homeless United for Friendship & Freedom) meeting happening before and after the trial, for anyone who's up late enough Tuesday night (or early enough Wednesday morning) to read this, and energetic enough to come down.
The HUFF meeting will happen, as it regularly does 9:30-11:30 (with a break for court) in the atrium breezeway between the courthouse and the county building.
In this hearing prosecuting district attorney Archie Webber will try to persuade Judge Guy to allow him to present evidence of past "disruptive" behavior to the jury.
I contend that my behavior at City Council has generally been non-disruptive. Rather, Councilmembers themselves have disruptived the public process in order to muzzle and exclude me and others from the discussion.
At issue are basic questions: what really constitutes "disruption" at a City Council meeting? Is it a simple violation of Council rules? What if those rules violate the letter or the spirit of the Brown (Public Meeting) Act?
If the judge excludes what City Councilmembers claim have been past "disruptions", one attorney predicts this case will be dropped.
If that happens, we may go to court on September 25th in federal court in San Jose--with the City Council in the dock this time. We claim the Council engaged in false arrests and has shown a pattern of repression using its "decorum" rules.
There's also a HUFF (Homeless United for Friendship & Freedom) meeting happening before and after the trial, for anyone who's up late enough Tuesday night (or early enough Wednesday morning) to read this, and energetic enough to come down.
The HUFF meeting will happen, as it regularly does 9:30-11:30 (with a break for court) in the atrium breezeway between the courthouse and the county building.
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TITLE
AUTHOR
DATE
For The Right To Speak Out!
Fri, Sep 1, 2006 8:52AM
Brown Act Background
Thu, Aug 31, 2006 10:36PM
Trial Still On...But May Be Dropped
Thu, Aug 31, 2006 5:10PM
Updates
Wed, Aug 30, 2006 9:57AM
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