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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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Part 12... Infractions and Due Process Rights Ant Part 12...
Infractions and Due Process Rights 
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law. The process by which homeless people face repeated incarceration generally follows this scenario: A homeless man is sleeping on the sidewalk. A local ordinance makes it illegal to do so. The man gets a ticket and is later arrested for not paying the ticket. He spends a couple of days in jail, and is just as homeless now as he was before, only now he has a criminal record. This was the case for many of the individuals interviewed by RWHP. One man relayed the familiar scenario, “I was sleeping in a tent in a hidden spot near the freeway. They gave me a ticket for trespassing. I don’t have money to pay it. I’ve never been in jail before. I keep to myself, but now they’re going to make me a convict just for sleeping.”
SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMH SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT https://www.instagram.com/tv/ChAT9N5jNTY/?utm_source=ig_web_copy_link

This morning @phillysheriff ‘s came and evicted our protest encampment to Save the UC Townhomes. When asked why they were doing it, Rochelle Bilal responded that she “felt compassion for the townhomes residents but was just doing my job”

Even if the tents are gone WE AINT GOIN NOWHERE‼️
Saturday AUGUST 27 — 9 am to 4pm Sunday AUGUST 2 Saturday AUGUST 27 — 9 am to 4pm
Sunday AUGUST 28 — 12:30pm to 4pm

Westminster Presbyterian Church
1300 N Street, Sacramento

https://wraphome.org/2022/08/02/sacramento-ca-advocates-community-summit-on-homelessness-august-27-28th/
California. (S)Care Court Hearing Tomorrow 8/3 Las California. (S)Care Court Hearing Tomorrow 8/3 Last Hearing before floor Vote
https://conta.cc/3vzRoWo
Part 11 ... California’s “anti-Okie” laws of Part 11 ...
California’s “anti-Okie” laws of the 1930s and the South’s Jim Crow laws in effect from the late 1800s to the 1950s are examples of the kinds of local laws overturned in previous generations. Yet, modern “quality of life” legislation and enforcement targeting homeless people can be found in communities across the nation.
The City Council postponed their vote on the 41.18 The City Council postponed their vote on the 41.18 expansion to August 2nd. If passed, this motion will add approximately 1,900 additional sites–a 376% increase in exclusionary zones across the city. 41.18 would then cover at least 88 sq miles (that’s 20% of the entire city).

Services Not Sweeps is urging EVERYONE to come to City Hall at 9:00am on August 2 and tell City Council that 41.18 is BAD POLICY and should be repealed.

When we fight, we win. 
But this fight isn’t over.

The community flooded City Hall inside and out on Wednesday to protest the expansion of 41.18 but the fight is not over. It’s clear that President Nury Martinez and friends weren’t prepared for our numbers and realized they were unable to rally their (few but loud) 41.18 supporters. Council delayed the vote to Tuesday August 2nd in an attempt to erode our momentum and stifle our voices. 
 
We won’t let that happen. The fight now is to keep the pressure on and show up next week!! See you next Tuesday 9am. Bring a friend.
 
WHO: You and your friends!
WHERE: City Hall, 200 N Spring St 
WHEN: Tuesday August 2nd at 9:00am
HOW: Read more details on our toolkit.
AGENDA ITEM 14 https://lacity.primegov.com/Portal/Meeting?meetingTemplateId=102513
Part 10... In fact, however, enforcement is very m Part 10...
In fact, however, enforcement is very much impacted by both skin color and appearance. Local governments cannot legally discriminate against people strictly because they do not have housing. Federal protections prohibit local and state governments from removing people from their communities due to the color of their skin or economic/employment status.
Part 9... This nationwide pattern has escaped Civi Part 9... This nationwide pattern has escaped Civil Rights protections because on their face, these programs are not clearly discriminatory. Local laws are often drafted in such a way as to appear to apply equally to all people in a community.
Part 8... While certain communities highlight diff Part 8...
While certain communities highlight different controls at different times, often depending upon the outcome of local elections and legislative and court efforts, all have one primary common goal: to remove the presence and resulting impact of people without housing from local communities. As the Mayor of Las Vegas stated when she outlawed feeding people in city parks: “If we stop feeding them, they will leave.”
Part 7... This type of ticket is not uncommon. The Part 7...
This type of ticket is not uncommon. The most common public space and activity restrictions are those aimed at camping, sitting, lying, or trespassing on either public or private land, panhandling, sleeping, blocking the sidewalk and possessing “stolen property,” such as shopping carts and milk crates—to name just a few. Furthermore, these restrictions are often implemented in conjunction with the closure of public parks and the outlawing of free food and clothing distribution.
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Join us and our friends Anti Police-Terror Project to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!

RSVP here: fb.me/e/1CFrMznNP

#CARECourt takes money away from housing the unhoused and mental health resources. It gives money to the court bureaucracy. Let’s spend more on housing and less on the carceral state.
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2 days ago
Join us and our friends Anti Police-Terror Project to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!
RSVP here: https://fb.me/e/1CFrMznNP
#CARECourt takes money away from housing the unhoused and mental health resources. It gives money to the court bureaucracy. Let’s spend more on housing and less on the carceral state.
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Join us and our friends @APTPaction to say NO to C.A.R.E Court next Thursday, August 18th for a teach-in followed by feeding the people, and a march!

RSVP on Facebook here: https://fb.me/e/1CFrMznNP

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San Francisco, CA. Say NO to CARE Court!- Teach In & Action next Thursday at 11am! - WRAP https://wraphome.org/2022/08/12/san-francisco-ca-say-no-to-care-court-teach-in-action-next-thursday-at-11am/

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Part 12...
Infractions and Due Process Rights
Anti-homeless laws and ordinances and their application have, in fact, created a loophole that allows for the circumvention of a homeless person’s right to due process under law.

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8 Aug 1556762429144514561

SHERIFFS DEPARTMENT TALKING DOWN THE PEOPLES TOWMHOMES ENCAMPMENT
“felt compassion for the townhomes residents but was just doing my job”
Even if the tents are gone WE AINT GOIN NOWHERE‼️

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Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

Press Release: Beyond the Virginia Key Bantustan, reject any tiny homes plan that excludes homeless input - WRAP

October 22nd Alliance to End Homelessness Press Release August 8, 2022 Beyond the Virginia Key Bantustan, reject any...

wraphome.org

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