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Indybay Feature

Budget Considerations in the Peace Camp 2010 Trials

by Becky Johnson (posted by Norse)
Becky Johnson reviews and discusses some of the costs of ticketing, arresting, processing, and prosecuting some of the dozens of homeless people cited at the County Building and subsequently at City Hall in the City's move to crush a political protest against the City's homeless nighttime sleeping ban. The PeaceCamp2010 protest lasted three months, provided scores of homeless people with a safe and legal place to sleep as well as bathroom facilities not available elsewhere in the City, and generated the most media coverage ever. A chronicle of PC2010 can be found at http://www.peacecamp2010.blogspot.com/ ; the most recent article on the issue: http://www.indybay.org/newsitems/2011/05/04/18678867.php .
Santa Cruz, Ca. -- With City and County budgets in crisis, social service programs cut to the bone or eliminated entirely, the Peace Camp 2010 misdemeanor prosecutions may seem a waste of time and money. Actually they are an OBSCENE waste of time and money. But to certain parties, these trials are a cash cow.

First, a little bit about how the organizers of Peace Camp 2010 last summer considered our impact on the community in general and the County Building in particular. We also considered the possible consequences of citations or arrests of the people we were attempting to shelter.

We researched the County Camping Ban and found our group would not be subject to it. We anticipated ticketing under infraction MC 6.36.010 section a a.k.a. the Sleeping Ban (a subsection of the Camping Ban). And we believed that any homeless person charged would likely be acquitted by using a defense of necessity since no one disputes there are more homeless people than the available shelter. Even a conviction would only result in 8 hours of community service (a small WIN we'd achieved back in 2000).

No one anticipated ticket and arrest under PC 647 (e). Bob Lee pulled that out of complete obscurity to use against us.

We are still researching its legislative history, but early research shows it to be based on a BLACK CODE from the late 1800's to prevent freed slaves from moving into California.

Its language prevents "illegal lodging" anywhere in the State on both public and private property without the permission of the owner. A similar law, Article 13 of Indiana's 1851 Constitution stated "No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution." This term "settled in" as a crime, is the exact same language Judge John Gallagher used to define "lodging" for the jury that convicted 4 Peace Camp 2010 defendants on May 4th.

Of course we didn't NEED to tell people that they may be cited or arrested. They LIVE it every day. Local attorney, ED FREY offered to defend pro bono anyone arrested with Robert Norse, myself, and others from HUFF providing tactical support. But NONE of us are paid for this unlike DA SARAH DABKOWSKI and her 31 law enforcement witnesses. THEY are all paid HANDSOMELY!

Subpoenaed for the trial, 29 law enforcement individuals--all paid for a half day if testifying on their off-time. And PAID and in uniform, if called to testify during their regular shift.

City and County staff members, Dinah Phillips, Dannette Shoemaker --with annual salaries of $118,296 and $159,111 respectively, plus any expense for photos, videos, or other exhibits was paid for by the DA's office because their expenses are considered too vital to cut.

"Key public safety positions, including prosecutors and sheriff's deputies, will be spared layoffs...." --from the Santa Cruz Sentinel

"There are particular areas where reductions are not as great," she (Susan Mauriello) said, referring particularly to public safety services in the Sheriff's Office and District Attorney's Office."

Needless to say that DA Sarah Dabkowski is paid over $60,000/yr and the Judge is in the hundred-thousand a year club.

None of the defendants, their witnesses, their supporters, or the ONE attorney we had were paid. No wonder the trials continue unabated. The money virtually pours into District Attorney Bob Lee's office as the chance to arrest and try homeless defendants for misdemeanor lodging are unabated "make work" for law enforcement and DA's alike.

So let justice roll, Santa Cruz Style. Ka-ching!

Photos and comments can be found at http://beckyjohnsononewomantalking.blogspot.com/2011/05/budget-considerations-in-peace-camp.html .
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by Ed Natol
A few points on this post, starting with the introduction by Robert.

Robert: “ (some cutting) The PeaceCamp2010 protest lasted three months, provided scores of homeless people with a safe and legal place to sleep as well as bathroom facilities not available elsewhere in the City, and generated the most media coverage ever. “

If it was a legal place, then what was with all the citations and eventual convictions? Then we go to Becky’s posting.

Becky: (first paragraph cut) “First, a little bit about how the organizers of Peace Camp 2010 last summer considered our impact on the community in general and the County Building in particular. We also considered the possible consequences of citations or arrests of the people we were attempting to shelter.

We researched the County Camping Ban and found our group would not be subject to it. We anticipated ticketing under infraction MC 6.36.010 section a a.k.a. the Sleeping Ban (a subsection of the Camping Ban). And we believed that any homeless person charged would likely be acquitted by using a defense of necessity since no one disputes there are more homeless people than the available shelter. Even a conviction would only result in 8 hours of community service (a small WIN we'd achieved back in 2000).

No one anticipated ticket and arrest under PC 647 (e). Bob Lee pulled that out of complete obscurity to use against us.”

Translation: We got totally outplayed on this one.

Becky: “We are still researching its legislative history, but early research shows it to be based on a BLACK CODE from the late 1800's to prevent freed slaves from moving into California.”

Of course, this is the same research that said you were only looking at 6.36.010(a).

Becky: “Its language prevents "illegal lodging" anywhere in the State on both public and private property without the permission of the owner. A similar law, Article 13 of Indiana's 1851 Constitution stated "No Negro or Mulatto shall come into, or settle in, the State, after the adoption of this Constitution." This term "settled in" as a crime, is the exact same language Judge John Gallagher used to define "lodging" for the jury that convicted 4 Peace Camp 2010 defendants on May 4th. “

These two are not similar, and if this is what your research came up with no wonder it ended up the way it did. 647(e) says that you need the property owner’s permission to stay. The Indiana law locked out Negro or Mulattos from even entering the state.

Becky: “Of course we didn't NEED to tell people that they may be cited or arrested. They LIVE it every day. Local attorney, ED FREY offered to defend pro bono anyone arrested with Robert Norse, myself, and others from HUFF providing tactical support. (paragraph split)

You need a comma between “arrested” and “with” in the second line. As it is, it implies that you and/or Robert were cited or arrested. You two were the loudest about this, but somehow managed to escape all the fallout.

Becky: (continued) “But NONE of us are paid for this unlike DA SARAH DABKOWSKI and her 31 law enforcement witnesses. THEY are all paid HANDSOMELY!”


Subpoenaed for the trial, 29 law enforcement individuals--all paid for a half day if testifying on their off-time. And PAID and in uniform, if called to testify during their regular shift.

City and County staff members, Dinah Phillips, Dannette Shoemaker --with annual salaries of $118,296 and $159,111 respectively, plus any expense for photos, videos, or other exhibits was paid for by the DA's office because their expenses are considered too vital to cut. “

This is the most mind blowing statement in your post. The reason they got paid and you didn’t is because it’s their job. Is it fair that when you take a shift at school that you get paid and the kids don’t?

(cut)

Becky: “Needless to say that DA Sarah Dabkowski is paid over $60,000/yr and the Judge is in the hundred-thousand a year club. “

Then it sounds like we both went down the wrong career path.

Becky: “None of the defendants, their witnesses, their supporters, or the ONE attorney we had were paid. No wonder the trials continue unabated. The money virtually pours into District Attorney Bob Lee's office as the chance to arrest and try homeless defendants for misdemeanor lodging are unabated "make work" for law enforcement and DA's alike. “

Well, your ONE attorney said he’d work pro bono, so you don’t have any kind of complaint there. And I can’t think of any case where the defendants get paid for being there. The only people that were there and getting paid were the ones there in their official capacity. If I had been called as a witness to describe how I had to step over bodies and trash the time I had to get to the courthouse (where I wasn’t paid to be there btw), I wouldn’t have been paid this time either.

You’re trying to make it sound like the system is picking on the poor peace campers. I don’t buy it. They were warned, then citied and in some cases arrested. Those people, like every one else, were entitled to their day in court, like hundreds of others everyday here in the county. They had their day and lost. Calling it “make work” is dishonest. Don’t whine that when you stuck your hand into a machine that you pulled back a stump.

Becky: “So let justice roll, Santa Cruz Style. Ka-ching!’

More like the ka-thunk of a head beating pointlessly against a wall.
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