SleepCrime Defendant Denied Necessity Defense

3rd Day of Jury Trial for Gary Johnson charged with three counts of "lodging" (i.e. protest sleeping outside the County Building) and also apparently with one count of "trespass" (i.e. being on a bench with a sign "Sleeping is Not a Crime" between the curfewed hours 7 PM and 7 AM).

For more info see http://www.indybay.org/newsitems/2012/03/19/18709700.php?show_comments=1#18709805 .

Judge John Gallagher has reportedly denied Gary Johnson's attorney Ed Frey the right to use the "necessity" defense (i..e. that he had to sleep outside or face health and safety problems, given the lack of shelter space in Santa Cruz).

Frey had also planned to argue that protesting was also a "necessity" both for Gary's welfare and for the health and safety of others in the homeless community (for 1500-2000 homeless, there are less than 200 beds). Gallagher has reportedly excluded this defense.