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Norse Trial Postponed to September; Pitchess Hearing 9 AM June 11 Dept 1

by Robert Norse
My jury trial for "disrupting a meeting" and "obstructing an officer" has been postponed to September 11 in Dept. 1 (probably at 9 AM).
For those looking up the file or looking for the case on the calendar, it's under my family name "Robert Norris Kahn". (Robert Norse is my pen name and street name.)

Previously scheduled for Monday May 22nd, apparent police, D.A., or judicial misconduct has forced the prosecution to grant us an extraordinary continuance (usually misdemeanor cases have to be concluded within 120 days of arraignment).

It seems the SCPD, the D.A., or the examining Judge have been concealing complaints against Lt. Clark, which the defense is entitled to know about (at least, who's complaining and how that person can be contacted).

The complainant, a former D.A. investigator, is currently in Europe, and won't be back til mid-summer.

Apparently SCPD Police chief Skerry himself has sustained at least one complaint against Clark for misuse of information. A second complaint against him for lying is also at issue (though apparently not sustained). Whether sustained or not, we're entitled to have access to the names and phone numbers of who filed the complaints, so we can use them as witnesses to impeach Clark.

That hearing will be taking place June 11th at 9 AM in Dept. 1, for those interested.

Kate Wells, one of the two attorneys who've volunteered pro bono to help with this case, spoke on Free Radio Santa Cruz about the case on Sunday May 21 on my Bathrobespierre's Broadsides show, archived at
http://www.huffsantacruz.org under that date.

Thanks, to Kate, David Beauvais, and Becky Johnson for all their work on this case so far. I'll be needing more help so, stay tuned.

More info at http://indybay.org/news/2006/04/1816033.php
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by Becky Johnson
robert_norse.jpg

NEW EVIDENCE OF MISCONDUCT BY LT. STEVE CLARK UNCOVERED, JUDGE MORSE AGREES


May 21, 2006

Santa Cruz, Ca. -- When Robert Norse's five minutes maximum allowable time for public comment had run out at a Santa Cruz City Council meeting on June 14, 2005, he asked to speak on another issue which he would otherwise be unable to address. Under the Brown Act, public comment must be allowed on every item. Mayor Mike Rotkin chose to make a citizen arrest of Norse, and Lt. Steve Clark of the SCPD twisted Norse's hand so violently he suffered nerve damage. Then, Norse alleges that while in handcuffs Clark twice threatened to hurt him further. Norse was arrested for "disrupting a meeting" and "resisting arrest" and booked into the Santa Cruz County Jail.

During the process of defending the criminal case against Robert for waiting his turn to speak in front of a microphone, pro bono attorneys David Beauvais and Kate Wells filed a Pitchess motion to uncover past complaints if any filed against Lt. Clark. The Judge reported that there were no complaints against Lt. Clark in his file.

Santa Cruz is a small town. Later Kate Wells was chatting with the County Counsel when she mentioned the clean Pitchess motion on Lt. Clark.

"He found no complaints about excessive force or lying," Wells told the attorney. "That's odd. I know of at least one complaint of lying made by District Attorney Steve Smith," the County Counsel replied. Wells asked her if she would look into it and get back to her. "Late last week she sent me an e-mail. Not only did she confirm that Smith had filed a complaint, SCPD Chief Howard Skerry had sustained it." Wells also found out that a second complaint had indeed been filed against Lt. Clark.

"It was by a law firm in Saratoga who had filed a complaint of dishonesty on the part of Lt. Clark," Wells said on Free Radio Santa Cruz 101.1 FM on Sunday. "Something broke down in the chain of communications, and there are only three possibilities--the Judge who saw the reports and didnt turn it over, or the District Attorney, or the SCPD. And guess who is the person in CHARGE of internal affairs at the SCPD? Lt. Steve Clark!"

Judge Heather Morse granted the motion on Wednesday for a continuance to allow Steve Smith to testify at Norse's criminal trial in September. Smith is currently out of the country. Morse described it as "an unusual motion." A hearing is set for June 11th in Dept. 1 at 9 AM to rehear the Pitchess motion on Clark.

Robert Norse during his bi-weekly radio show said "Clark assaulted me on June 14th of 2005, and threatened he would hurt me... this is a Lieutenant in the Santa Cruz police force! He is the wrong man in the job. Although the complaint Chief Skerry sustained was for perjury in a child custody suit, Skerry ultimately resolved the matter by choosing to take no action.

The Five-Minute-rule Norse was arrested for violating had just been passed into law on March 22 2005 by Mike Rotkin after he complained about Norse "taking up too much time" at a previous council meeting. Norse was the first person charged with violating the new rule.


Article from HOMELESS UNITED FOR FRIENDSHIP & FREEDOM



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