Monday, March 25th, 8:30am: Please Come to Courthouse!
news update from Verbana from "Peoples' Action for Rights and Community":
Not only am I going to court against the cops and really need SUPPORT, but Bill Holmes is the only one contesting the lawsuit that the City brought against EVERYONE: City of Eureka vs. ALL INTERESTED PERSONS
The City is trying to avoid a constitutionally-required vote on a large financial transaction it wants to do. And because Bill was paying attention (knew about it), he's the only one who opposed it!
Courtrooms are on the 2nd floor.
The three civil rights cases against the Eureka police are in courtroom #6. 8:30am
Next door in courtroom #4, Bill will be in court also. 8:30am
Please sit on the same side of the room as the person you are supporting.
Really need your presence!
The cops had wretched killer-cop defending lawyers write a motion for them that is so full of shit and pushes for all the cases to be tried at the same time. Here is a link to my opposition to all the cases being put together (and to them using lawyers). [https://www.box.com/s/pf05qrll5w7709ahdpw4]
Two of my cases come from the cops approaching, arresting and jailing me while I was filming. The third, I was standing next to a table handing out literature- cuffed, jailed...
2013-02-03 "Eureka Police Sued for Violating Civil Rights During Occupy Eureka Protests"
news update from Verbana from "Peoples' Action for Rights and Community":
Four small claims lawsuits against Eureka Police for civil rights violations will go to trial in the beginning of February.
#1 Early morning November 7, 2011, Eureka police officers led a paramilitary style raid on Occupy Eureka, in front of the Humboldt County Courthouse. Verbena, active with Redwood Curtain CopWatch, showed up and filmed the intimidating police scene from across the street. After the police ordered people at the protest to bring all belongings and demonstration property across the street, and after arresting up to 10 demonstrators, Eureka police came across the street, arrested Verbena while she was filming, slammed her camera on the back of the police car, causing the disc and batteries to fall out and ruining her recordings of that morning, and slammed all of the protesters' belongings and demonstration materials in a truck (multiple truckloads). Verbena was jailed for about seven hours with 12 other people and much of her property, loaned to the demonstration, was ruined and stolen by the police. There was never charges filed, but the intimidating, violent and destructive police scene, the arrest, and the slamming of the camera were wrongful, chilled constitutional activity, and violated civil rights.
Verbena is suing the City of Eureka, Patrick O'Neill, and Michael Guy (Eureka police officers)
Small Claims trial is set for February 4, 2013 in courtroom #3. 3:00pm
#2 Early morning November 10, 2011, Verbena was on CopWatch patrol on the courthouse lawn while Occupy Eureka demonstrators slept on the lawn and a few were gathered across the street. Michael Guy, an EPD police officer, approached the lawn and within seconds arrested Verbena, first grabbing at her camera, then immediately putting her in handcuffs. Guy took Verbena to jail and filled out paperwork directing the jail not to release her. Verbena spent eight days in jail. A month later, after a jury came back 10-2 in Verbena's favor, the case was dismissed. Guy lied through his teeth throughout court proceedings about what had happened. Guy indicated quite explicitly in his testimony that he targeted Verbena as a leader.
Verbena is suing Michael Guy.
Small Claims trial is set for Wednesday, February 6, 2013. 3:00pm
#3 On November 30, 2011, the Eureka Police led a police action wherein they swarmed a daytime demonstration at Occupy Eureka. Eureka police handcuffed every person who was in front of the courthouse, took their photo, and questioned them. James Decker who was filming the day's activities (as usual) with a camera around his neck, was one of the handcuffed people, and the police made him turn his camera off during the mass arrest/detention. EPD acting Chief, Murl Harpham, was present and active during this intimidating and unlawful police action.
James is suing the City of Eureka, Murl Harpham, and Patrick O'Neill (Eureka police officers)
Small Claims trial is set for Friday, February 8, 2013 in courtroom #3. 3:00pm
#4 Also, on November 30, 2011, as the Eureka Police led a police action wherein they swarmed a daytime demonstration at Occupy Eureka., Verbena was grabbed and handcuffed by Terence Liles (the EPD murderer of two teens in 2006 and 2007) and Liles searched through Verbena's sidebag before she knew he was doing it. Then, while sitting on the courthouse steps with about 13 other people who had been en mass handcuffed, Patrick O'Neill announced that Verbena should be arrested, and she was. Verbena spent six days in jail on a charge that never came to be, and could never have been prosecuted. EPD acting Chief, Murl Harpham, was present and active during this intimidating and unlawful police action.
Verbena is suing the City of Eureka, Murl Harpham, Terence Liles, and Patrick O'Neill (Eureka police officers).
Small Claims trial is set for Monday, February 11, 2013 in courtroom #3. 3:00pm
“Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured.”
Please remember that one must pass through a metal detector to come into court. No ID is required to enter. Almost all courtrooms are on the second floor. If you have any advice for James or Verbena, please send it along in a reply!
MARCH 1st: Civil Rights Cases Against EPD!
Hey Folks. PLEASE come to the courthouse tomorrow morning, Friday. Need you there.
Verbena has small claims civil rights lawsuits against Eureka Police for arresting her, incarcerating her, stealing property, scaring people from exercising their rights, and targeting her for filming at Occupy Eureka.
Court is at 8:30 in the AM, Friday March 1st.
We are engaged in a struggle with people that are devoid of ethics and empathy. Verbena is doing battle with the forces of oppression and needs everyone in the area to turn out in the morning. March 1st, Friday at 8:30am at the Humboldt County Court House in courtroom #8 we need to turn out and lend our strength to counter the trickery and deception that she is being faced with. The city and the police are using private attorneys at cost to the public to try and lie and obfuscate. This is a violation of the spirit of the small claims court process as well as the rules. They weren't even smart enough to have the cops and Jager send documents (replete with lies) on their own; they a Law Office send it out. Please come and join me in court at 8:30 am This Friday morning, That is tomorrow morning people, SEE YOU THERE.
Strength through Solidarity. [signed] James Decker
Please "Like" the post about court on Facebook: [https://www.facebook.com/pages/Occupy-Eureka/267238049976322]
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2013-03-01 update from "Occupy Eureka!"
Thanks to all that turned out this morning. They had a shit load of low quality legal council. I think the people that drafted their consolidation motion got paid by the word. The judge couldn't even keep all the defendants straight but still was ready to consolidate them. How far up your own ass does your head have to be to not get that irony. This should be a civics lesson for everyone in how the real world works. Every day people come together to complain about the craptastic job the elected officials are doing. They call out the thugs in riot gear and beat down the complainers and steal their belongings and move them along. Months or years later they give you back a little of your broken stuff and without so much as a "my bad" they are on to ruining the next plot of land or watershed. When some person in the community stands up they throw a bunch of mediocre lawyers at the problem that she has to pay for. They know the fix is in. No matter what abuse of process they commit they will not be sanctioned because the judge has already made up his mind. Today the clerk wanted to be sure that all the defendants had shown up for court. The judge couldn't keep the cops straight when they were Identifying themselves but claimed that there were no complicating factors in these cases. They try to wear us down, we keep coming back. That is how we will win. WE WILL KEEP COMING BACK! 25 March at 8:30 AM.
"Eureka Cops on Trial for Civil Rights Violations!"
message from Verbena:
Verbena puts the cops on trial in small claims court for 3 separate arrests, huge police attacks, arrests for FILMING and JAIL for participating in a demonstration, and massive theft. Please come support the civil rights lawsuits against the Eureka cops who intimidated, hurt, stole from, incarcerated, and violated people during the Occupy Eureka demonstrations! SOLIDARITY IS THE WAY!
Tuesday, Feb 19th, 8:30am in Courtroom #4
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Update: The cops and city disqualified the visiting judge (not one of their "boys" I guess) We'll try again. Please come fill the courtroom!
Friday, Feb 22th 8:30am in Courtroom #5
2013-02-10 message from James Decker:
I would like to thank all of the men and women that showed up at the courthouse to support me at the trial. on Friday. A Small Claims case was the only way I was able to try and get a little justice for Occupy Eureka. I was touched by the expression of solidarity. A year after the fact and people were there to testify and to support. I am proud of what we did out in front of the court house and I am proud of you all for continuing to stand up for what is right. We will resume the trial on Friday at 10 am in courtroom 3. In the mean time Verbena has court on Monday at 3 pm and Bill Holmes is going at 8:30 Monday morning in his efforts to stop the city of Eureka from issuing millions in bonds without an election.
No retreat, all power to the people.
2013-02-07 "Eureka Police Sued for Violating Civil Rights During Occupy Eureka Protests" from James Decker of "Occupy Eureka":
Four small claims lawsuits against Eureka Police for civil rights violations will go to trial in the beginning of February.
#1 Early morning November 7, 2011, Eureka police officers led a paramilitary style raid on Occupy Eureka, in front of the Humboldt County Courthouse. Verbena, active with Redwood Curtain CopWatch, showed up and filmed the intimidating police scene from across the street. After the police ordered people at the protest to bring all belongings and demonstration property across the street, and after arresting up to 10 demonstrators, Eureka police came across the street, arrested Verbena while she was filming, slammed her camera on the back of the police car, causing the disc and batteries to fall out and ruining her recordings of that morning, and slammed all of the protesters' belongings and demonstration materials in a truck (multiple truckloads). Verbena was jailed for about seven hours with 12 other people and much of her property, loaned to the demonstration, was ruined and stolen by the police. There was never charges filed, but the intimidating, violent and destructive police scene, the arrest, and the slamming of the camera were wrongful, chilled constitutional activity, and violated civil rights.
Verbena is suing the City of Eureka, Patrick O'Neill, and Michael Guy (Eureka police officers)
Small Claims trial is set for February 4, 2013 in courtroom #3. 3:00pm
#2 Early morning November 10, 2011, Verbena was on CopWatch patrol on the courthouse lawn while Occupy Eureka demonstrators slept on the lawn and a few were gathered across the street. Michael Guy, an EPD police officer, approached the lawn and within seconds arrested Verbena, first grabbing at her camera, then immediately putting her in handcuffs. Guy took Verbena to jail and filled out paperwork directing the jail not to release her. Verbena spent eight days in jail. A month later, after a jury came back 10-2 in Verbena's favor, the case was dismissed. Guy lied through his teeth throughout court proceedings about what had happened. Guy indicated quite explicitly in his testimony that he targeted Verbena as a leader.
Verbena is suing Michael Guy.
Small Claims trial is set for Wednesday, February 6, 2013. 3:00pm
#3 On November 30, 2011, the Eureka Police led a police action wherein they swarmed a daytime demonstration at Occupy Eureka. Eureka police handcuffed every person who was in front of the courthouse, took their photo, and questioned them. James Decker who was filming the day's activities (as usual) with a camera around his neck, was one of the handcuffed people, and the police made him turn his camera off during the mass arrest/detention. EPD acting Chief, Murl Harpham, was present and active during this intimidating and unlawful police action.
James is suing the City of Eureka, Murl Harpham, and Patrick O'Neill (Eureka police officers)
Small Claims trial is set for Friday, February 8, 2013 in courtroom #3. 3:00pm
#4 Also, on November 30, 2011, as the Eureka Police led a police action wherein they swarmed a daytime demonstration at Occupy Eureka., Verbena was grabbed and handcuffed by Terence Liles (the EPD murderer of two teens in 2006 and 2007) and Liles searched through Verbena's sidebag before she knew he was doing it. Then, while sitting on the courthouse steps with about 13 other people who had been en mass handcuffed, Patrick O'Neill announced that Verbena should be arrested, and she was. Verbena spent six days in jail on a charge that never came to be, and could never have been prosecuted. EPD acting Chief, Murl Harpham, was present and active during this intimidating and unlawful police action.
Verbena is suing the City of Eureka, Murl Harpham, Terence Liles, and Patrick O'Neill (Eureka police officers)
Small Claims trial is set for Monday, February 11, 2013 in courtroom #3. 3:00pm
“Any individual whose exercise or enjoyment of rights secured by the Constitution or laws of the United States, or of rights secured by the Constitution or laws of this state, has been interfered with, or attempted to be interfered with, as described in subdivision (a), may institute and prosecute in his or her own name and on his or her own behalf a civil action for damages, including, but not limited to, damages under Section 52, injunctive relief, and other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right or rights secured.”
Please remember that one must pass through a metal detector to come into court. No ID is required to enter. Almost all courtrooms are on the second floor. If you have any advice for James or Verbena, please send it along in a reply!
Eureka City Council robs the People of their vote over pensions
2013-01-13 "City of Eureka's Validation Action and Class Action Lawsuit - Pension Obligation Bonds - POBs" message from "Verbena":
Please donate to help pay the filing fee for Bill's opposition to this lawsuit. And pass this on to any lawyers who could help. The lawsuit is against all of us in the area. The court, in an incredible feat of mathematics, decided that Bill is not poor enough to get a $435 fee waiver to respond to the City's lawsuit- so he owes the filing fee very soon!! His email is [humboldt.organizer (@gmail.com].
I believe he is the only person who responded...
CalPERS, for anyone who doesn't know, is the California Public Employees' Retirement System.
"City of Eureka's Validation Action and Reverse Class Action Lawsuit" press release from Bill Holmes [humboldt.organizer (@gmail.com]:
People of Eureka! You Are About to Be Stripped of Your Constitutional Right to Vote - Forever!
Quietly on election night the Eureka City Council passed by 5-0 vote an ordinance to send a so-called "validation" action to the local Superior Court, in essence filing a class action lawsuit against all Eureka residents. The purpose of the action is to "validate" the sale of 10 year "Pension Obligation Bonds" that will refund the current short term obligation due CalPERS but also to circumvent the requirement in the Constitution of the State of California that debt of term longer than one year must be approved by 2/3 majority of the citizens. If this "validation" action goes forward, and some local Humboldt judge rubber stamps it, then you and all your fellow Eurekans will FOREVER be denied the right to vote on ANY PENSION OBLIGATION BONDS OF ANY TERM, TYPE, OR DURATION. This is a ponzi scheme and its desperation hints at severe financial problems ahead for the city of Eureka. It is a long step down the road to municipal bankruptcy.
One weak justification the Council gave for denying Eureka residents the right to vote on the bonds was to save the taxpayers the cost of a special election. Compared to the "fees" of almost a half million $ to be paid to the financial parasites. Um Hmm.
Oh and in case you weren't aware of it, you were sued too. It's a rare unusual reverse class action lawsuit where the "class" are the defendants. (That's right, you and me.)
I filed an "answer" against the suit. Now I must pay a filing fee of $435 by Jan. 17th, so I need donations to help with that. We need to address the issue of how the poor and the modest of means access the legal system. It seems like the rich and powerful have no problems with it.
I need some help, but it can't divert help from the Eureka Fair Wage Act either. That is critical.
I may have been the only one in the city who answered it, I don't know. I would like some pro bono legal help. I have a few arguments I want to make against this legal blackmail but I am not a lawyer and don't have much experience in court.
This issue of kicking the can down the road and making future generations pay for our stuff. I hate it. I want to leave a better world for our children and grandchildren. We cannot wage war on future generations!
Yes I am aware that this issue cuts across normal political and party divides.
People may disagree over how good a deal these bonds are. I think they are a shitty deal that will cost the taxpayers over a million dollars more than simply paying off calPers in five years. Plus it will needlessly funnel almost a half million dollars in "fees" to Wall St. parasites. Its ok if you disagree with me on this.
The point is that I believe the people both do and must have the right to vote their approval up and down on this kind of long term bond. If we get to vote on these and the voters approve them, I won't have any complaint. I will still think they are shitty bonds, but the voters will have spoken.
If you can help me in this please email me @ [humboldt.organizer (@gmail.com].
Without your help it will be hard to continue, unless someone unknown to me has also filed an answer.
Again, I need a few $ for fling fees and, if possible, some pro bono legal help.
Thanks,
[signed] Bill Holmes
2013-01-03 "Answer to the Unconstitutional Actions of the City of Eureka – Pension Obligation Bond Validation"
by Bill Holmes from "High Boldtage, Politics and Music in Humboldt County" [http://highboldtage.wordpress.com/2013/01/03/answer-to-the-unconstitutional-actions-of-the-city-of-eureka-pension-obligation-bond-validation/]:
Imagine the audacity of a city council, a city manager and a city attorney, willing to sue all the citizens of the city and anyone else who has an interest all in order to circumvent the Constitution of the State of California
Because they know damn well that the citizens will not approve this bullshit bond issue.
What they are trying to do is convince a judge and everyone else that short term obligations owed to CalPERS are “bonds” that can be refunded without voter approval as is required under the Constitution of the State of California. These are not bonds that are being refunded. This is fiction.
Refinancing short term obligations with long term bonds defines fiscal irresponsibility and is indicative of serious problems in the finances of the City of Eureka.
At the very least the voters of Eureka should be given the chance to vote on this bond issue.
They have said that they don’t want to vote because of the “cost to the taxpayers” of an election. Yet, they are going to pay some Wall St. parasites almost $500,000 in fees to float this bullshit bond issue.
They are lying to you.
I am not a lawyer. I will do the best I can.
have a peaceful day,
[signed] Bill [humboldt.organizer (@gmail.com]
background information:
* [http://urlet.com/repair.fifteen]
* [http://highboldtage.wordpress.com/2012/12/15/california-tax-payers-beware-eureka-city-council-pension-obligation-bond-scam/]
* pdf of the answer [http://highboldtage.files.wordpress.com/2013/01/signed_answer_01-03-13.pdf]:
Crimes against Human Rights in Humboldt County
2013-01-13 "John Casali and Humboldt Sheriff's continue to TRASH Survival Gear!" message from "PARC":
Typing from a warm office. Are you sitting outside in the cold right now with NOTHING?
On Saturday January 5th, as we experience peaks of cold weather, Humboldt Sheriff deputies raided peoples' sleeping areas in the Garberville/Redway area, stole and put people's belongings (tents, blankets, sleeping bags, personal things) into black bags on the edge of the road as if it is GARBAGE, so that then (as planned) John Casali came and brought it all to the DUMP.
Speak out now. Get IN THE WAY of these cruel actions. It is fucking cold, and people suffer and die when their survival gear is taken!
DO NOT support John Casali or the so-called Eel River Clean-up and their inhumane actions and thefts.
Tell the Board of Supes that you oppose these actions by the Sheriff's Department!
TELL EVERYONE that you oppose these actions.
If this doesn't have you outraged, your prejudices or your complacency have overtaken your HUMANITY.
2013-01-14 "PLEASE Open Safe Sleeping Space, Yes You!!" message from "PARC":
This morning, a man staying at the Eureka Rescue Mission (an evangelical Christian shelter unavailable to many] was told by a staff member the following: a young man who the shelter turned away the night before because he didn't pass the required BREATHALYZER to eat or sleep at the Mission, died in the cold. Froze to death.
IT'S TIME, FOLKS. TIME TO RISK YOUR COMFORT ZONE AND SAVE LIVES. WE ARE READY TO ASSIST AS EXPLAINED BELOW.
More blankets and sleeping bags need as well.
Please Call PARC: (707) 442-7465
EMERGENCY- Freezing weather and people with no shelter.
Cold weather, especially over an extended period of time, takes a heavy toll on the health and well-being of the most vulnerable members in our community.
A few years ago, a small household in Eureka, made its garage available as a safe sleeping space for people with no shelter. The household and a group of friends (many PEOPLE PROJECT folks) organized the space in response to the dangerous weather and police conditions on the street. It was actually quite simple. Prior to opening the safe sleeping space, we discussed how we thought it would work best. One of the things decided beforehand was that we would make the space available for 11 nights (December 21-31), and would be explicit about that time frame, so that people sleeping there could depend on a stable schedule.
At this time, opening your home or some covered space is imperative. We were so grateful for the garage, and all went well. Being only a temporary situation, we are reaching out to you, asking you to open your garage, yard, or big room for whatever time you decide is possible.
We imagine a rotating emergency sleeping space.
We have found that when a community cooperates and shares in the protection of its most vulnerable members, the result is a vital sense of security experienced by all.
The people who recently shared their garage and those of us who supported and helped coordinate that emergency shelter space are available to talk with you about our experiences. We are eager to assist you in many ways if you are able to open up a sleeping space.
Ways we can assist you include: collecting floor padding, blankets, sleepware, and other necessary warm things (the garage just used had a cement floor); driving folks who need a ride to and from the space; and being present in the sleeping space overnight. The volunteer-run PARC (Peoples' Action for Rights and Community) in Old Town Eureka fully supports the creation of temporary or permanent dignified community sleeping spaces. PARC is available, for any set-up you may provide, as a phone contact, a donation drop-off, and a dedicated resource for people offering or utilizing a safe shelter.
People can and do freeze to death in cold or wet or windy weather.. here we have all three at once. And the police continue to harass people and ruin their gear in the rain and cold. Please call and/or email if you want to talk about opening a space up yourself. It is freezing at night, and we can make a way through these hard times together.
The following are the guidelines that were posted on the inside of the garage. You may have some different ideas for your place. We believe that emphasizing honor, dignity, and relationship makes for a truly "safe space."
\\\\\\\\\\\\\\\\\\\\ WELCOME ///////////////////////////
This is a hate-free space. that means...
NO racism, sexism, homophobia, etc * please no physical or verbal violence
* smaller room is for women only
* bigger room is for all
To protect this safe sleeping space... * no drinking alcohol or doing drugs (including pot) here
* use lights, not candles
* every night, come through front house door when you first arrive; then use the front gate to go in/out.
* use bathroom in the house (walk in back door, then to right)
* quiet after 9pm, and during cigarette breaks
You are welcome to sleep here... * every night through the night of Dec 31st.
* Please come in no earlier than 6pm and no later than 10:30pm
* mornings, out by 9am please
Please do not leave your belongings here, as no-one is here to protect them
Please communicate theses guide-lines with newcomers
If you need anything, please feel free to ask.
\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\///////////////////////////////////////////
2012-09-19 "CUT OUT of the City Council Meeting Video!"
news update from Verbana from "Peoples' Action for Rights and Community":
I spoke about the City's plan to make Murl Harpham Chief last night (Tues, Sept 18th) and it has been cut out of the video of the meeting!
At about 39:18 in this video [http://eureka.granicus.com/MediaPlayer.php?view_id=2&clip_id=109]
You see me walk up, say, "your plan, your illegal plan" and it cuts out.
Not okay. (Then, Janelle Egger, lacking any inkling of solidarity or reality...)
Disgusting. Who gets to CENSOR the comments on the video?!?!
After some complaining, my comment is on here:
[http://archive.org/details/AH-ecc_9-18-12].
But, I don't know whether it was seen when people were watching the meeting on TV. And I don't know whether it is on the City Council website video. Doubt it!
These were my comments regarding the hiring of Murl Harpham as EPD police Chief. (He was present in the back of the room):
"With your plan, illegal plan at that, to make Murl Harpham the Police Chief, there is almost nothing more blatant that this Council and City Manager could do to tell the people of Eureka that you don't care if we are killed, or get abused, or spend all of our money on corruption. You, David Tyson, City Council, have proven yourselves to be the enemy of the people here, and should be treated as such.
Your plan to make Murl Harpham police chief proves that you are run by the thugs in this town, the SWAT thugs who want to be able to run around with weapons and aggressive, vile attitudes, terrorizing the people here, and have Murl Harpham lie, get the bribes and pat them on the ass for their criminal behavior. Last time Murl Harpham was interim chief, at least 4 people were murderd by the EPD, including two teenagers- murdered in cold blood by Terry Liles, part of Murl's psychotic fan club. Murl Harpham, this time around as interim chief, stood and watched in approval and attempting to block the view of onlookers while Terry Liles swung a metal baton about Andrew Hamer's head, while he lay prone on the ground.
Murl Harpham is not only too old according to 34.59 of the city charter, but he's too crazy and criminal.
Murl Harpham spoke of the 5 million dollar lawsuit, LOST by the city of Eureka due to the brutal beating and murder of Martin Cotton in 2007, as something that his officers should not have to worry about. That he didn't want them being found liable to be a deterrent to future excessive force and that they, who beat a man to death, were honorable men. Well, this city is not only culpable of the murder of Martin Cotton (and many others), but had its taxpayers pay over 5 million dollars just to continue trying to litigate about pain and suffering damages for the brutal beating of Martin Cotton.
Enemy of the people- Murl Harpham- and all of you who allow him and other thugs to terrorize the people."
Eureka's War against Dissent! (Occupy Eureka!)
2012-07-11 "Humboldt Jury Finds Candlelight Vigilers “Not Guilty” in Courthouse Curfew Trial; Victory for First Amendment Rights & Free Speech Vigilers: The Constitution is the law of the land"
by Peter Camacho, Amanda Tierney, Kimberly Starr:
EUREKA, CA – On March 30th, three participants in a “Candlelight Vigil for the First Amendment” were arrested on the Humboldt County courthouse steps, peacefully asserting Constitutional rights in the face of a repressive 'urgency ordinance', passed three days earlier, that seeks to criminalize everyday activity in front of the courthouse such as sharing food, setting down a bag, or holding a protest between 9:30pm and 6:00am. The courthouse has been Humboldt County's historic forum for free speech activity for over 50 years."They violated the ordinance but the Constitution gave them a right to be there. The Constitution is the law of the land," said Juror #7.
The trial of the three candlelight vigilers, Peter Camacho, Kimberly Starr, and Amanda Tierney, was the first test of the courthouse curfew. It may also have been the last if the Board acts on their June 18 vote to remove the curfew portion of the ordinance. Supervisors Virginia Bass, Mark Lovelace, and Ryan Sundberg voted for the curfew to be rescinded in the interest of preserving the public's right to hold night-time vigils and gatherings. The Board plans, however, to expand repressive prohibitions to public space surrounding over 120 county facilities.
The jury in the vigil case was in deliberations for six days. Arguments during trial largely centered around the question—does the county legislature have the authority to trump First Amendment Constitutional rights?
“We hold strongly to the firmly planted belief that no government body can trump the Constitution. The Board of Supervisors tread where no government in the U.S. should go,” said pro per defendant Kimberly Starr in closing arguments. "This courthouse is a visible, central, and most reasonable and traditional place for protest activity in Humboldt.”
“It is 'as American as apple pie' to believe that it is every citizen’s right to utilize this traditional public forum for such a simple, peaceful exercise of the First Amendment," added attorney, Casey Russo. Mr. Russo of the Public Defender's Office represented Mr. Camacho, who was arbitrarily held for six days in jail for the candlelight vigil arrest.
Mr. Russo described the three vigilers as “concerned Americans who are brave enough to put themselves out there and exercise their First Amendment rights.”
The jury viewed a video of the vigil from the night of the arrest; it showed a calm, peaceful, and principled gathering. The trial however had a pronounced intensity as community members rooted for justice, a decision in favor of the defendants and in favor of basic civil rights.
Humboldt Deputy District Attorney, Jackie Pizzo, attempted to discredit the vigilers' defense and assertion of their Constitutional rights by pointing out that they are not attorneys nor do they hold doctorates in Constitutional law.
Countering the prosecution's attempts to discredit them and criminalize the simple act of sitting on the courthouse steps, the vigilers made strong statements during their testimonies and closings:
"The U.S. Constitution and the California Constitution were not created for study by academics or for mysterious reference by attorneys or to be a complex subject matter for historians. The rights of the people and safeguards from overbearing government are laid out in the Bill of Rights. These things are for common people to use, to assert, to protect themselves with.
The unanimous verdict from the jury reinforces the popular sentiment that the curfew is an unlawful abridgment of the people’s right to assemble and speak. "We believed they had the right to be there and we believed they thought they could be there," a juror told the victorious demonstrators and their supporters after the verdict.
In closing, the day before 'Independence Day', Amanda Tierney, representing herself, urged the jury to "say 'yes' to the elixir that should always fuel our democracy…the freedom to express our opinions and engage each other in a social dialogue. "
Community members have been enacting nightly "Candlelight Vigils for the First Amendment" in front of the Humboldt County courthouse for over three months, in opposition to the passage of the controversial ordinance.
Update 2012-06-19: We are still holding the vigil for rights each night at 9:30
2012-06-19 "GREAT/! 'My Word' in 6/19/12 Slime-Slander (aka times-standard)" message from Verbena:Here's the whole text [below]. The Eureka Times-Standard newspaper editor dropped-out the 2nd to last paragraph, perhaps part maliciousness, perhaps part room squeeze. I also read (most of it) to the Board of Supervisors. I think the full version below should be posted all over, forwarded, etc. Also, here is a link to the My Word page in the Times-Standard: [https://www.box.com/s/4058c918719c9e7ebd85]
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On June 7 of this year I was arrested for challenging the Curfew provision of the Humboldt Urgency Ordinance. Why did I do this? I could tell you that I did it because of moral and ethical concerns to protect the California and United States Constitutions guarantees of Free Speech and Assembly. Which would be true. Instead I will tell you something else.
At the February 4, 2012 “Take Back the Courthouse Rally” in opposition to Occupy Eureka, I had this conversation with one of its supporters, Eureka City Council Member Mike Newman. I told Mike that, regarding the “mess” which some people found to be so upsetting, I had been in many houses which were far messier. In regard to the behavior of mentally ill street people, I told him that my father, a successful businessman, was an alcoholic who beat my mother. She died from health complications after one of his beatings. Mike’s response was that “at least these things were done privately, inside.”
I didn’t find his comment to be particularly callous. He was quite right. The defining distinction between the culture of houseless people and the rest of us is that houseless people do their drinking, drugging and fighting in the plain view of all, in the street; the rest of us, so-called “upstanding citizens” conduct our dysfunctional behavior within the confines of our houses, in private, in secret.
Now I ask you to consider the case of Bradley Manning, Julian Assange and WikiLeaks. Neither the Office of the President, the Congress, nor the Military is denying that any of the horrific murders, the tortures, the official coverups, nor the diplomatic blackmail revealed in the released documents are false. Behind the stated concerns that publicizing these documents has or will endanger National Security is one fear. I believe it is the same fear that motivated Mike Newman to say what he did.
It is the fear that when the façade of what passes for normal – whether in the domestic realm or the public and international realm – is stripped away and the dysfunctional element of our culture is put out on the street with no walls for it to hide behind, then the moral and ethical claim about the superior way of life known as the American Dream with the U.S. as the Land of the Free and the Bulwark of Democracy will be seen for what it is: self-serving hypocrisy.
Many people will not like the words I have just written. I did not write them to curry favor with anybody. I wrote them because I could. Because existing alongside the criminal and murderous hypocrisy and greed of some of our Government bodies and Business institutions, there also lives a community of people and a historical tradition which values human and civil rights. Some of these rights are codified in the U.S. Constitution and its Bill of Rights.
Predominant amongst these Rights is the 1st Amendment which says in its entirety: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people to assemble, and to petition the Government for a redress of grievances.”
The same night I was arrested challenging the Urgency Ordinance, two U.S. Veterans were also arrested. One was a Veteran of the Korean War, the other a Veteran of the Vietnam War. Their participation in the Military earns them the right to be called Veterans. But also arrested that night were three women. Given the lengthy and ongoing second class status of women in the United States; given the current attack on women’s rights emanating from the Republican Party; and given the horrific reality of domestic violence against women, of which my mother was a victim, I consider these women to also be Veterans.
Yes, I wrote these words because my freedom of expression is guaranteed, not only in the 1st Amendment to the United States Constitution, but also by the State of California Constitution. These documents also guarantee my standing on the Humboldt County Courthouse at any time, day or night. The unconstitutional Urgency Ordinance must be rescinded.
2012-05-09 "Court Updates" message from a member of "Occupy Eureka"
* Verbena and Ama= Friday, May 11, 8am, courtroom 3 (2nd floor)
* Hans Ashbuacher= Monday, May 14, 8:30am
* JURY TRIAL begins, EPD Sanchez
* Chives= Tuesday, May15, 2pm
* Robin Donald=pending, might have court May 21
* Bill Thompson=pending, might have court May 21
* Richard Gilchrist=pending, might have court May 21
* Janelle Egger=pending, might have court May 24
Please pass this on to anyone you think might attend, thank you, Jim
We really need support in Hans' jury trial on Monday and the days to follow, and Chives' court on Tuesday. Hans' trial will only go as late as noon every day. It is important for jury folks to see good, dedicated supporters. Whenever you can make it would be so helpful. ~Verbena
2012-05-12 "Sunday Night 8:30pm with Hans: JAILING A STALWART ACTIVIST" message from a member of "Occupy Eureka"
Good Morning,
On Friday, May 11th (yesterday), Hans took a plea bargain in the case from his November 12 Occupy Eureka arrest. Hans was preparing to go to trial on Monday, but we all know that from the court system, it can be very difficult to get any justice (or to avoid being screwed).
On November 12, Hans was filming EPD Sgt. Rodrigo Reyna-Sanchez because, in Sanchez style, he came to harass and bully the Occupy Eureka folks and flash a big bright light in peoples' faces. What was particularly remarkable is that Sanchez (as CopWatch has seen him do before) ignored some very serious violence going on less than a block away, in order to stick around to intimidate people who were doing nothing wrong (Occupy Eureka folks). He also cut down our banners with a knife and is openly adverse to being filmed.
Hans was injured by the cops that night, his ribs broken. He was in jail for five days. When Sanchez brought Hans to the hospital after bringing him to the jail (against EPD policy), with Hans cuffed, injured, and calling out for help, Sanchez choked Hans. Sanchez then went on to claim that Hans assaulted him while cuffed on the hospital bed (Sanchez admitting in his police report that he was choking Hans)- and the all-too complicit DA went along with it.
So, Hans is going to jail as part of his plea bargain from yesterday. The DA wanted him to go on probation (like 90-plus percent of the people who get arrested do), but probation is not viable for a politically active, targeted-by-the-police person. So, Hans plead to 'disturbing the peace' and will be doing some jailtime beginning 9am on Monday. It's a 30 day stint (24 days actual), but let's hope/pray that he gets out real quick, as often happens with a full jail.
It is important that we support our comrades who are arrested when they stand up for us all.
THIS SUNDAY NIGHT, MAY 13 at 8:30PM: Gathering/Rally at Occupy Eureka for HANS!
Bring your good thoughts, support, and if you can, yummy food.
Instead of going to court with Hans on Monday morning at 8:30am, come Sunday night at 8:30PM!
At 9:30pm, join us in the nightly candlelight vigil in defiance of the "urgency" ordinance passed by the Bd of Supes.
Here's what Hans posted on his Facebook:
[begin excerpt]
In November of last year I was thrown down, my ribs broken as I was arrested while simply video taping the police during the ongoing "Occupy Eureka" - protest/demonstration/occupation.
On the night of my arrest I was charged with resisting arrest & battery against a police officer. Two tough charges for refusing to put my camera away. I have a right to film, as long as I was not interfering with the officer (which I was not guilty of!)
My actions of video taping and telling the officer to do something more important than harass the "Occupiers", never should have resulted in the treatment I received or the charges against me. Well, let's fast forward 6 months and it brings you to this post:
Instead of risking trial and possibly being convicted on trumped up charges I plead out to a "Disturbing the peace" charge, and refused probation given the nature of my involvement as an activist in the community. Shoot, probation is not feasible for a person in my line of "work". So now, I'll be doing close to a month in jail, starting Monday morning. This is our justice system folks. Video tape the cops and you'll pay! Be careful out there, keep me in your prayers and my son also, I love you and enjoy the beginning of summer. Stay strong!
[end excerpt]
