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View events for the week of 10/28/2011

Santa Cruz Indymedia Police State & Prisons

Linda Lemaster Writ of Habeas Corpus Hearing

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Date:

Friday, October 28, 2011

Time:

1:30 PM - 3:30 PM

Event Type:

Court Date

Organizer/Author:

Becky Johnson

Phone:

(831) 423-HUFF

Location Details:

Santa Cruz County Courthouse, 701 Ocean St. Dept 2

Pro bono attorney, Jonathon Gettleman is defending Linda Lemaster for charges of "illegal lodging" when she fell asleep at a protest against the Sleeping Ban in August of 2010. She faces up to 6 months in jail and up to $1000 fine for falling asleep once on the steps of the courthouse. Lemaster is housed but is a longtime advocate for houseless people and was defending their civil rights.

In June, defendants GARY JOHNSON and ED FREY were sentenced in Judge John Gallagher's court to 6 months in jail for sleeping when they refused 400 hours of community service. When FREY, who is an attorney, asked to be released on bail to file an appeal, Gallagher set bail at $50,000 for both men.

At a later hearing, Gallagher reduced bail to $110 (what the bail schedule had said all along, apparently) and both men are currently out on bail pending appeal. Both face being returned to jail to complete their 6 month sentences.

Supporters are urged to attend Gettlemen's hearing on his writ of habeas corpus which can be read here: http://www.indybay.org/newsitems/2011/09/20/18690858.php?show_comments=1

Added to the calendar on Fri, Oct 21, 2011 8:22AM

§Hearing Vacated

by Robert Norse

Fri, Oct 21, 2011 11:02PM

Word from Linda is that her attorney Gettleman has advised her that the hearing has been cancelled. I'm not sure if this is because Judge Gallagher wants to give the D.A. more time to get her ducks in order, or for some other reason.

Perhaps the fact that scores of people are doing exactly what she did--protesting at night and occasionally sleeping--may have been a factor.

§Ldging Law Trial Postponed For Now, Benefit Dinner for Lawyers in Early November

by Linda Ellen Lemaster

Wed, Oct 26, 2011 9:16PM

Robert Norse guessed right in his comment.

The District Attorney Sarah Dabkowski had not filed the reply to my lawyer's Writ of Habeas Corpus, which attempts to get to the bottom of this usage of the lodging law, by her cout-ordered Oct 14th deadline, and it still has not been done as of Monday, 10 - 24. So the October 28th court date was vacated.

The DA had asked for a way around answering the Writ, but Judge John Gallagher did not assent. Still, no follow-up information.

On November 6 we are having a Benefit Dinner at India Jose Restaurant, on Front St in Santa Cruz. Hopefully there will be news, then?

I have invited both my attorney, Jonathan Gettleman, and Ed Frey representing others ticketed for Lodging 647(e), who's working now on his and client Gary Johnson's appeals, to speak briefly at this benefit dinner.

These citations for illegally Lodging from the County Sheriff Deputies were issued in August 2010 to disrupt the peaceful assembly of homeless demonstrators and their allies, which we called PeaceCamp2010.

There will also be brief political entertainment during the benefit. And expect great cooking! Our attorneys need many more supporters. If you want to help with prep or to contribute, contact me asap, homes4everyone [at] yahoo.com

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§Doleful D.A. Sara Dabkowski Due Back in Dumboland Today

by Robert Norse

Thu, Jan 5, 2012 4:47AM

Or at least her legal papers are. The dubious D.A., still intent on incarcerating Linda for First Amendment protest in 2010, is supposed to be finally replying to attorney Jonathan Gettleman's "why the hell are we here?" habeas corpus brief today after getting several delays. This charade can be followed by checking out the public records down at the court window (if you can deal with the lines).

I'll also hope to summarize or post the papers on line. Some of Jonathan Gettleman's brief (Linda's Lawyer) can be found at http://www.indybay.org/newsitems/2011/09/20/18690858.php?show_comments=1#18690861 .

Those who'd like to clue in the D.A. Bob Lee that he's wasting attorney time, taxpayer money, and, of course, the Constitution on this case can give him a ding-a-ling at 454-2400.

Sheriff Phil Wowak's woeful warriors, thanks to constitution-phobic local courts, have been emboldened to make more arrests under the "call 'protest' 'lodging' and you can get rid of it" theories of Judge "to sleep is to lodge" Gallagher in Dept. 2 (who is also overseeing Linda's case), recently hauling in activist Gary Johnson as well as Occupy Santa Cruz stalwarts. Give the creeps an inch and it'll creep all over your sleeping bag.

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