Apparently, even with all of the smoke and mirrors given to me last time at Court, … if I showed up this time (at the Readiness Trail), then I was innocent of all charges. I reason this because that is all I did…, show up…, and all of the charges were dropped. Since this one got muddled up by my past exploits, and I don't have video or recording of the event, I'm just going to let it go. The next fun filled adventure is on April 1, 2008. This is the one I have the video of (actual evidence) to support; so I won't be just "letting it go." I'm going to push it to trail and in civil court as well.
Have not heard anything yet from the ACLU, which is a bit disappointing, but I will continue to do the footwork and move forward. Hopefully they will be able to jump on-board as well. I would like to insure a very one-sided battle in getting this law unenforceable. I believe that what I have now is enough to insure a "win", but I'm not much interested in a "fair fight".
The San Diego County Superior Court however, appears to not be interested in prosecuting these Illegal lodging tickets from Santee. If they plead innocent, then it is dropped by the DA. But at the very least, this process of pleading innocent requires two days of court time. This is not enough to walk away from it and simply educate the homeless in Santee to plead innocent no matter what the "deal" is, or what the jail time threat is issued. The threat to the homeless is two days in court, sitting there while everything they own may be discovered and stolen. There is always the threat that the homeless may not be in a position to make the court date, or the follow up "Readiness" trail as well. Heck, a lack in meds could put some of them in a mental state that they don't remember to show up, or what they are doing there.
Besides that, even though the courts are not prosecuting, the Sheriffs are still enforcing (heartily) this unconstitutional municipal code. Enforcing it as a direct threat, and using it as an abusive tool under the badge of authority. As far as I can tell, this appears to be a Hate Crime on the part of the Deputies, but I'll let my lawyer see where we are going to go with that. Again, my main target is the SMC, nothing more.
CALIFORNIA LEGISLATION
Reports done by the National Coalition for the Homeless and the Department of Justice about hate crimes against homeless people prompted the California State Legislature to take action.
Senate Bill 1234, which was introduced in February of 2004 by State Senator Kuehl, became public law in September of the same year and went into effect in July of 2005. It is now California Penal Code 13519.64.
This law requires the Commission on Peace Officer Standards to develop a two-hour telecourse to be made available to all law enforcement agencies in California on crimes against homeless people and how to deal effectively and humanely with homeless people, including those with disabilities. The telecourse is to include information on multi-mission criminal extremism, which includes crimes committed in whole or in part because of the victims’ actual or perceived homelessness. In developing the telecourse, the commission is to consult subject-matter experts including, but not limited to, homeless and formerly homeless persons in California, service providers and advocates for homeless people in California, experts on the disabilities that homeless people commonly suffer, the California Council of Churches, the National Coalition for the Homeless, the Senate Office of Research, and the Criminal Justice Statistics Center of the Department of Justice.
Something that has come to mind of late, with my "The Lawless Christian" research and these local experiences, is that Laws don't make you safe, or promote safety, or culture a feeling of safety. Laws are simply the beginning of arguments and battles.
Tuesday, March 25, 2008
That was a bother…
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