Charges thrown out against four Occupy Bank takeover protesters

Two Occupy Santa Cruz members and  supporters of the Santa Cruz Eleven celebrate outside the courtroom following Judge Burdick's ruling to dismiss all charges against four of the defendants. Photo by Becky Johnson

NOTE TO READER:  I appreciate the in-depth coverage the Santa Cruz Patch has given this story, and this article is no exception. However, I must disagree with one claim printed in the article: that defendant Darocy "was seen vandalizing the bank." I beg to differ. As a defendant in the case, I've been privy to all the police reports, over 600 photographs, and 11 videos released by DA Bob Lee on youtube. In addition, I attended both preliminary hearings in their entirety. At no point was any evidence of Alex Darocy being "seen vandalizing the bank." Patch editor, Brad Kava was very critical of Darocy in an editorial he published on March 16, 2012 but stated that on November 30th he personally saw Darocy " put up cardboard to block the windows." I really don't think that qualifies as vandalism and Kava should say what he means rather than to inform his readers by innuendo.  --- Becky Johnson, Ed.

Charges Thrown Out Against Four Occupy Bank Takeover Protesters

Judge Paul P. Burdick said there wasn't enough evidence to bring the four protesters charged with trespass and conspiracy to trial. Prosecutor Rebekah Young says she will refile on two of them.

• By Brad Kava
• April 25, 2012

ARTICLE FOUND ONLINE HERE.

   

Santa Cruz, Ca. -- A Santa Cruz judge Wednesday threw out charges against four Occupy protestors accused of trespassing and vandalizing the vacant Coast Commercial Bank at 75 River St. last November. Judge Paul P. Burdick said there was no evidence linking the four to the crime of trespass or to a conspiracy to commit felony vandalism at the bank that reported $20,000-$22-000 of expenses cleaning up electrical fixtures, wiring, graffiti and damaged furniture by protesters who held the building for three days.
 
Burdick also said that the testimony of Santa Cruz Police officer David Gunter who was the lead investigator on the case "was not credible." The judge said the officer testified in one hearing that he was present in the bank on Dec. 2, but in another hearing said he wasn't.

"I discharge all four defendants on all counts alleged," Burdick said, after issuing an earlier warning that he would have anyone who made outbursts taken from the courtroom.  The defendants quietly celebrated outside the courtroom Wednesday morning.

"I feel relieved, very relieved," said Grant Wilson, who faced two years in jail and $22,000 of damages if convicted. "It's very unsettling to be falsely charged with serious crimes. My picture doesn't reflect how happy I feel."

This was a preliminary hearing to decide if there was enough evidence to bring Wilson, Franklin Alacantara,  Edward Rector and Cameron Laurendau to trial.
 
Prosecutor Rebekah Young said she would refile charges on Alacantara and Laurendau based on evidence she would provide by other Santa Cruz officers, Sgt. Mike Harms and Sgt. Mike Hedley.
The prosecution's case had no direct evidence of these four committing vandalism, nor could it even prove they were in the bank after being told to leave.

Two of the other 11 charged in the case were bound over for trial earlier. Alex Darocy, who claims to be a journalist but was seen vandalizing the bank and harassing actual journalists and Bradley Stuart Allen, whose published photos of the takeover were used as evidence against him will be tried May, 29.

Allen's claim that he was covering the event for independent news media was backed up by the ACLU and the Society for Professional Journalists. Patch will follow up the story later today.

Bob Lee's list is a little too convenient

by Becky Johnson
Feb 19, 2012

Santa Cruz, CA. -- I find myself reeling as my mind ponders what DA Bob Lee has done. I'm facing two felony charges and a misdemeanor for last November's Occupy 75 River Street action. While I had no part in planning or executing the action, I praised those who did. For while technically illegal (trespass on private property), the action of taking over a long-empty bank building and setting up a community center, was provocative, educational, and likely to end with criminal charges.

The last thing I thought was that I would face charges for covering the action on my blog. Lee has amplified those charges by claiming that the alternative media journalists covering the 3-day Occupation had engaged in a felonious "conspiracy" to enter and vandalize the building.

As the first person arraigned, I 've gotten a chance to see the case against myself (very flimsy) and against the other indictees (no evidence of conspiracy or vandalism). Unless Lee is holding back substantial evidence of a conspiracy or evidence that connects those charged with actual acts of vandalism, he doesn't have much of a case.

As Bob Lamonica has mused "It's like losing something in the dark, but searching for it over under the light." Lee's list of indictees has a very political bent to it.

First on the list to be charged (and NOT in alphabetical order) was Robert Norse, co-founder of HUFF, Homeless United for Friendship & Freedom, frequent critic at City Council meetings, and currently suing three former mayors and two police officers for violating his civil rights when they arrested him in 2002 for giving a silent "Nazi" salute at a City Council meeting. Norse was covering the Occupation for his radio show on Free Radio Santa Cruz 101.3FM.

In addition to writing this blog, I've, in the past, written for a homeless newspaper, produced a television show for 11 years, and a radio show for ten. In all of these venues, I promoted social justice issues involving poor and homeless people. Before Mayor Emily Reilly had it dissolved, I filed eight complaints about police misconduct to the Citizens Police Review Board.

Grant Wilson has long been involved with Art and Revolution.

Brent Adams has conducted July 3rd flag burning celebrations "to prove that we still can do such things." He has defended against police persecution of the Drum Circle. He is also a frequent contributor to indybay.org/santa cruz.

Alex Darocy has attended and photographed numerous newsworthy events around town and doesn't stick to conventional news events. Police got his name when they illegally detained him on a public sidewalk one day after police crushed the Occupy encampment in San Lorenzo Park, and only released him after he gave police his identity information.

Bradley Allen Stuart is a longtime Santa Cruz Indymedia monitor and photographer for alternative media organizations, as well as past affiliations with Free Radio Santa Cruz, the local "pirate" radio station.

Desiree Foster and Christina Ripplyphipps both served as police liasons, which, clearly helped to prevent any violent confrontations where injuries might have occurred. Yet the response of Chief Kevin Vogel and DA Bob Lee is to charge these two women with felonies. Clearly at any future action, Lee is pretty much assured that no civic-minded person will volunteer for such a task.

Finally, the least serious charge, misdemeanor trespass, requires certain elements in order to make a charge. One of these is to have "no trespassing" signs posted at the entrance to the building. There were none.

While the person or persons who stole the realtors' lock-box to obtain the key to the building certainly could face criminal charges, Lee has presented no evidence whatsoever about the identity of this person. Yet, Lee has the purse-strings to prosecute anyone he wants with what ever charges he can make for as long as he wants and has the budget to hire any legal resources he needs. Of course, with the judicial climate being what it is, he won't need that much.

Many a judge in Santa Cruz County is more than ready to send innocent people to jail, if there is political hay to be made.