LODGING CRIMINALS

"YOU CAN SLEEP IN JAIL," Said the Judge to the Homeless Man's Question: "Where Can I Legally Sleep?"


These are pictures taken on the last day of the "Lodging Five Trial." That's me, top photo, in the basement restaurant under the Santa Cruz County Building, which adjoins Superior Court, at 701 Ocean Street, Santa Cruz.

The bottom shot shows a reporter from the Santa Cruz Sentinel, local daily paper, interviewing Gary Johnson and attorney Ed Frey, right after the jurors left, post trial. Frey was attorney for four homeless defendants as well as for himself. He said he remains convinced that awakening sleeping homeless people to criminalize them is "cruel and unusual punishment."

Gary and Ed ended up jailed when they came back, early June, for sentencing. They had planned to talk with the judge about jury irregularities, but were not permitted to bring it up. The judge went overboard on their sentencing (see earlier reports on this blog or Indybay Santa Cruz for more details). So they were stuck directly into jail because the sentence was so extreme.

Our judicial system -- indeed, our Constitution -- provides that the punishment needs to fit the crime, but apparently there is no mechanism to appeal same when there's such a breakdown. It appears to me to be a system that can be manipulated by those with extra money, yet for those who must work to survive, it grinds them up more than it seeks justice, or even seeks information.

After a few weeks, attorney Frey was released from jail, with the help of longtime, reknown criminal-law attorney Peter Leeming ~ but still no mea culpa from Judge Gallagher. The judge lowered their bail from $50,000 to $110, the latter a figure "from the schedule?" said the judge.

The day after he was released, Ed hooked up with the DA to get Gary released as well. Frey said later, "I told her (the DA on this case) it's only fair."


I believe this reporter's name is Katherine Kelly, will double-check and correct here if not. So far the Sentinel's reportage has been heavily biased to reflect the D.A. perspective and thus ignoring the needs and rights of both demonstrators and homeless folks.

Ed and Gary will be allowed to present their request for appeal on August first. My trial, for getting similar ticket for "lodging 647(e)" almost a year ago, on August 7, at PeaceCamp2010, is set for either trial or another hearing about a week into August.

We are hoping to collaborate in an event to promote support for the attorneys involved, at the new India Joze restaurant on Front Street in Santa Cruz, by then. Want to help?

Judge's Extreme Sentence for Sleep ~ ~ 400 hours volunteer work plus three years' probation ~~ Turns Into Six Months In Jail

Santa Cruz Indymedia

Police State and Prisons

Homeless activist Gary Johnson and
lawyer Ed Frey jailed for six months for PeaceCamp2010's Sleep Protest

by Robert Norse ( rnorse3 [at] hotmail.com )

Friday Jun 10th, 2011 1:00 PM

Homeless activist Gary Johnson--repeatedly ticketed and arrested in the 3-month long PeaceCamp2010 protest against the Sleeping Ban at the County Courthouse--was sentenced to 6 months in jail and taken there in chains. Activist-attorney Ed Frey, who initiated, supported, and was arrested, during the protest was jailed at the same hearing today. Judge Gallagher refused to suspend sentencing pending appeal, denied a motion for a new trial after several jurors complained of juror misconduct, and declined to answer Johnson's question "how can I take probation to obey all laws, when you've defined "sleeping" as lodging to the jury, making it a misdemeanor crime? How can I not sleep for six months during probation?"

I got a phone call this morning from Becky Johnson who was at court for what Gary Johnson (no relation) and Ed Frey thought was a hearing on their motion for retrial in the case of four defendants (Frey, Johnson, Collette Connolly, and Art Bishof).

After denying the motion, Gallagher announced he was also holding a sentencing hearing, which may violate the rights of the defendants--since, I'm told, there has to be advance notice of a hearing. He initially sentenced Frey to 400 hours of Community Service and 3 years probation, which Frey refused. Gallagher then sentenced Frey to 6 months jail (the maximum sentence). Johnson was also given the same sentence. All this is a second-hand account from the eye-witness testimony of Becky Johnson who was in court.

Apparently the ante for those who peacefully protest the Sleeping Ban has been raised to half a year's jail time. Recent modifications in the City's Sleeping Ban law that provide for dismissal of tickets if one has signed up for a "Waiting List' at the Homeless Services Center. (See "Camping Ordinance Revisions Pass at City Council" at http://www.indybay.org/newsitems/2010/09/16/18658837.php ).

Frey has been an outspoken and principled activist who provided nightly portapotty support for the homeless protest (a first in Santa Cruz), something even the City was unwilling to provide. He has been a regular pro bono defender of homeless victims of the Sleeping Ban like Robert "Blindbear" Facer (see "Mayor Mike Rotkin debates Ed Frey on Free Radio Santa Cruz at http://peacecamp2010.blogspot.com/2010/07/mayor-mike-rotkin-debates-ed-frey-on.html ).

Gary Johnson continued the principled protest against the Sleeping Ban as others tired, retired, or fell away. SCPD and Sheriff's Deputies adopted a variety of new repressive measures against him and those activists that continued the protest (see "Lights, Camera, Tickets! Klieg Lights at City Hall--Throwing Light on the Shelter Shortage" at http://www.indybay.org/newsitems/2010/08/19/18656364.php

Frey's debate with former Mayor Rotkin can be found at http://www.indybay.org/newsitems/2010/07/08/18652988.php .

Six months in jail (even four months for "good behavior") is likely to cost Ed Frey his law practice and his home.

Becky Johnson should be writing a more extensive account of the shocking court repression shortly.

Those interested in supporting Gary and Ed can contact HUFF at 831-423-4833 or e-mail me at rnorse3 [at] hotmail.com .

VEHICULARLY HOUSED ACTIVIST CROW (LL: and PeaceCamp2010 survivor) ANNOUNCED HE WOULD BEGIN A MORNING PROTEST AT THE COURTHOUSE FROM 7:30 AM TO 9 AM MONDAY THROUGH FRIDAY.

Linda's Hearth note: These two men are still in jail -- despite the state's determination to exit a huge percentage of incarcerated from California's overcrowded prison system. The problem came to a head when the federal government's lawsuit ordered our legislature and Governor Brown to obey a court order, because they had not been able to make health and safety changes to the prisons. Six months in jail because of one interrupted night's sleeping "crime". I hope I can join Crow on Monday morn?