Pre-trial Hearing of Occupied Oakland October 26th BART Arrestees

Court hearing is for Colin and Ted who has a Pre Trial Hearing on May 21st, and then Trial Readiness, which often follows shortly afterwards, on June 1st in Oakland at 661 Washington Street, between 6th and 7th Street at Department 104, 9 A.M. Their lawyers have expressed that it is ideal to pack the court to the point that a can of sardines would be embarrassed.

The arrests were for allegedly for felony vandalism, and misdemeanor “Willfully Resists, Delays, or Obstructs Public, ‘Peace’ Officer.” They were in Santa Rita for three days until we were bailed out. Prior to the arraignment, the original bail was set at $55,000. At our arraignment, the “vandalism”- which referred to the “damaged gate”- was reduced to a misdemeanor, reducing it to $10,000.

There is great concern that a guilty verdict will happen

The first plea deal was to reduce the misdemeanor to just one count, three years probation and a requirement that we must have a BART ticket to be at the station. Yes, they will be bound to have a ticket like that is exclusively just us.

The second time the only difference would be two years probation instead of two. But at the third hearing, the prosecution was unwilling to go further down, as we wanted an infraction.

BART wants a stay away order from the 12th Street station, which would require a misdemeanor. It is not clear that another plea deal will be offered because of the the stay away order and that means keeping one misdemeanor, and probation, which they want as long as possible, meaning three years.