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Report from Camping Ban Motions Hearing: 2/16/17

February 17, 2017 by Jonathan Leave a Comment

denver
The new trial date is scheduled for April 5th, 2017. Mark your calendar.
Yesterday there was a dispositive motions hearing in the Camping Ban criminal cases where homeless and poor people are being charged with crimes for sleeping on the streets with blankets and shelter in Winter. The hearing was noteworthy for the bias and prejudice shown toward Defendants by the Court.1)At the start of the hearing, prior to any argument, the Judge looked at Defense counsel and said: “The one thing I don’t want is any drama from you, Mr. Flores-Williams.” Defense counsel had never practiced in this court.
2)Without allowing any substantive legal argument, the Court ruled that it was permissible for theProsecution to file a 34-person witness list eight days after the court’s deadline and only two weeks prior to trial.
3)The Court then Excluded all of Defense’s expert witnesses without hearing or testimony, saying that “Homelessness has nothing to do with this case.”
4)The Court then ordered Defense counsel to limit all arguments so that no argument or line of questioning could be construed at trial as an attempt to persuade the jury that the Camping Ban ordinance is itself unjust.
5)At this juncture, defense counsel cited to Fed R. 37(c)and its CO equivalent concerning the prejudice resulting from late disclosure of witnesses. No court response. Defense counsel then quoted from sections from Chambers v. Mississippi, a landmark 1973 civil rights case concerned with due process in which the overall prejudice to defendants becomes so cumulative and egregious that defendants fair trial rights are eviscerated. No response.
6)The Court then took up a Motion from the prosecution that does not exist. A “Res Gestae/404(b) Motion” that wrongfully conflates two different types of evidentiary concepts and underlying analyses. Res Gestae is concerned with the natural narrative of a case. Example: someone robs a liquor store, the fact that they stopped at two bars and to pick up their weapon on the way to the robbery. 404(b)has to do with a very specific set of factors that a defendant leaves at various crime scenes as identifiers. Not to be rude, but the classic example is when serial killer leaves identifiers at numerous crime  scenes showing his m.o. The court conflated these two very different legal concepts and construed the “Res Gestae/404b” motion as allowing the prosecution to offer proof of Defendants’ mental states, but not the fact that defendants were homeless. (If this seems like 2+2=5, Wintston, they are….)(The court also disregarded that the motion was filed late and that it was amended without leave of court.)
7)Defense counsel then objected to the fact that the court had asked the prosecution for their jury instructions without asking defense for their jury instructions, and now was reverse injuring the court’s ruling from the prosecutions jury instructions. Objection overruled.

8)Defense counsel made oral motion for the judge to recuse, i.e. that he Judge take herself off the case for bias against defendants. Denied.
9)Defense counsel cited to several cases concerning due process rights, wrongful exclusion of defense witnesses, and the right to fairly address criminal accusations. No response.
10)Defense requested findings of law and fact – none given.
11)Defense counsel asked for a stay of the proceeding to file an interlocutory appeal regarding the court’s rulings.
12)Court stated that interlocutory orders cannot be appealed from municipal court so that none of the court’s decisions are reviewable.
13)Court ruled that the prosecution’s disclosure of 95 police body cameras three days prior to the hearing was permissible, then scolded defense for not reviewing the 95 videos prior to hearing.Defense counsel, concerned that the court would issue sanctions if he responded, had no comment.

We are now seeking an interlocutory appeal of the Court’s rulings.
The trial is scheduled for April 5th, 2017. Mark your calendar.
Denver Homeless Out Loud
info@denverhomelessoutloud.org
720-940-5291

Filed Under: #right2rest, Criminalization, WRAP in the News, WRAP Members

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Nationally, evictions from public housing have sur Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in place to protect renters during the pandemic, according to Peter Hepburn, associate director of Princeton University’s Eviction Lab.  https://conta.cc/3WJco9B
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Of course, in a time when the poor people are demo Of course, in a time when the poor people are demonized for being poor and homeless people are increasingly seen more as something to fear rather than human beings, it’s unfortunately not all that surprising.
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https://conta.cc/3HwGcQq
We are thrilled to announce that yesterday the fin We are thrilled to announce that yesterday the final two Aloft residents, Juilo and Alberto who we asked for the community’s support in advocating for, got a commitment from the State for housing vouchers and the City agreed to bridge them in a hotel like everyone else!! This means that NO Aloft resident was kicked to the shelters or streets due to the closure!! This is a huge testament to what is possible when everyone comes together toward a housing goal and puts their resources toward housing! 
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Unhoused people are most often prosecuted for "cri Unhoused people are most often prosecuted for "crimes of survival," like sitting, lying down, or sleeping in public space. In order to protect people from discriminatory enforcement of laws that were created deny people their right to exist where they happen to live The Right To Rest Act was created in 2015 and is still being fought for today!!!! 
The Right 2 Rest Act did not meet the threshold to be voted out of committee this term, but this informational hearing will ensure legislators know this bill is necessary to protect our human rights to public space! 
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Hello amazing endorsers and coalition members! First off, thank you for all of your enduring support for the Right to Rest Act. This legislative session is confusing and convoluted, and your faith in the positive impact of this bill makes the struggle worth it. 

We face numerous obstacles such as a delayed bill number and committee assignment, as well as losing a couple co-sponsors from 2021. However, Rep. Chaichi (Chief Sponsor) and Rep. Pham (Co-Sponsor) continue to move this bill forward and advocate on our behalf. 
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And the hits (sweeps) just keep on coming!!!

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Nationally, evictions from public housing have surged since late 2021, when the federal government lifted an eviction moratorium put in plac...
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