Where is the outrage over activist prosecution?

Dennis A. Etler: Opinion

SC Sentinel:   08/19/2012

Over the years Santa Cruz has seen various protest movements ebb and flow through its streets and back alleys. Many local residents are open-minded and supportive of these protests, though the majority seldom participates. When the Occupy Wall Street movement began to spread throughout the country, it resonated with many who were motivated to act by the vast social and economic inequalities and injustices that have come to characterize our country. At its height, Occupy Santa Cruz attracted hundreds of demonstrators from all works of life, all age groups and a diversity of communities.

The encampment at the Benchlands in San Lorenzo Park adjacent to the county building was a dramatic symbol of popular resistance to the fleecing of America by the 1 percent. It was also a dramatic example of community self-help for homeless people who had and still have no shelter.

After some time, in Santa Cruz as throughout the country, local authorities grew apprehensive and angry at Occupy Santa Cruz. The city and county used permit demands, court injunctions, selective arrests, anti-lodging laws and established a new nighttime curfew zone around the courthouse to thwart the protest. Finally, squads of police moved to disperse several hundred homeless people and destroy their property. Elsewhere Occupiers were hit with pepper spray and mass arrests. Here the court system is being used as a club wielded against longtime activists.

Last year at the height of the Occupy protests nationwide, an autonomous group in Santa Cruz occupied a vacant bank building at 75 River St. leased by Wells Fargo. Many local residents, including mainstream and independent media, community leaders and concerned citizens, as well as young, free-spirited revelers, entered the building to support and observe. After 72 hours and a police request that the building be vacated, the protesters left with minimal property damage, no personal injuries, no citations and no arrests.

I was therefore flabbergasted when months later District Attorney Bob Lee initiated criminal proceedings against 11 community activists. He charged then with felony conspiracy to vandalize and trespass. The only evidence as revealed by six preliminary hearings was that they were in the building with dozens if not hundreds of others. A Sentinel reporter, a city councilwoman, and several other more conservative reporters, known to the police with 300 others also in the building were ignored.

Selectively targeting protesters months later for nonviolent protest is a terrifying new tactic. Lee claims he just wants the 11 to pay $25,000 in compensation to Wells Fargo for undocumented graffiti. Yet the cost of courts, bailiffs, deputy DAs, public defenders, etc. runs to many times this amount. This month Lee is asking for more prosecution money.

The Santa Cruz 11 do not deserve to be prosecuted. Local authorities are attempting to bully and intimidate those who have the temerity to challenge a system which dehumanizes and oppresses the dispossessed and most disadvantaged amongst us. Meanwhile the real felons — the banks — continue their abusive foreclosure practices with obscene government handouts. Those who expose them are on a six-month courtroom treadmill and face a possible seven years in prison, while real crimes go unprosecuted.

I ask District Attorney Lee, have you no shame? And I ask the people of Santa Cruz, where is the outrage?

Dennis A. Etler, an instructor in the Cabrillo College anthropology department, lives in Boulder Creek.

Judge indicates he may dismiss charges in 75 River case due to procedural issues: Judge has strong words for prosecutor

Jessica M. Pasko – Santa Cruz Sentinel
Posted:   08/17/2012

SANTA CRUZ – A judge had strong words Friday for the prosecutor handling the case of the takeover of a vacant bank, telling her he was unhappy with the way the case has been handled, saying he could dismiss it.

Seven people still face charges in connection with the nearly three-day occupation of the former Wells Fargo building located at 75 River St. They’re charged with felony conspiracy, vandalism and misdemeanor trespass. The charges stem from an incident in which a group claiming to be acting “anonymously and autonomously but in solidarity with Occupy Santa Cruz” entered the bank building in late November and remained there for nearly 72 hours.

Friday, defense attorneys told Judge Paul Burdick they haven’t received some of the documents and videos they have requested from the District Attorney’s Office despite numerous attempts.

Alexis Briggs, who represents Cameron Laurendeau, said she has not received specific video she requested from prosecutor Rebekah Young. The video in question refers to footage apparently used by police to confirm who was where and when during the occupation of 75 River St.

Defense attorneys for Becky Johnson, Robert Norse, Gabriella Ripleyphipps, Franklin Alcantara, Desiree Foster and Brent Adams expressed similar frustration.

“If there are videotapes depicting the crimes taken by police and they haven’t been provided (to the defense,) it’s inexcusable,” Burdick said, growing increasingly exasperated. “We’re now eight months into this case. I’m inclined to dismiss it.”

Young said she had duplicated as many of the DVDs as she could but some were unable to be copied due to technological issues. Her office set up a YouTube channel for the raw footage, but some of the defense attorneys argued that the Internet wasn’t an appropriate way to hand over discovery.

Burdick said that at this point, it’s unlikely the court will proceed with a preliminary hearing, which was scheduled for Monday. Instead, he ordered an order to show cause hearing for Monday, in which the prosecution will have to show why all charges shouldn’t be dismissed because of failure to provide discovery.

“I’m really unhappy about this Ms. Young,” Burdick said. “It’s inexcusable.”

He ordered Young to compile an inventory of what evidence – and when – has been provided to the defense attorneys as well as the methodology of doing so.

Late Friday afternoon Young said she was working to upload all of the footage onto external hard drives for the defense attorneys.

Charges against four of the 11 people originally charged in the case – Bradley Allen, Alex Darocy, Grant Wilson and Edward Rector – previously were dismissed by Burdick.

Teen Challenge seeks to reopen Salvation Army shelters in Watsonville

Donna Jones – Santa Cruz Sentinel
Posted:   08/16/2012

WATSONVILLE — Salvation Army officials are reviewing a proposal by a local group to take over management of three downtown homeless shelters.

The group closed its three shelters Wednesday, citing financial difficulty.

Teen Challenge Monterey Bay, which manages the Pajaro Rescue Mission across the Pajaro River in Pajaro, has submitted a proposal to reopen them under its supervision.

Mike Borden, executive director of Teen Challenge, said Pajaro Rescue Mission is prepared to shelter the homeless left without a place to sleep by the closing. The mission readied for the Salvation Army closing by stocking up on cots that can be set up nightly in its chapel and dining room. A few men displaced from the Salvation Army shelter have showed up at its door, Borden said. He expects the numbers to grow once three-day motel vouchers handed out by Salvation Army on Wednesday run out.

The community can’t afford to lose 60 beds, Borden said.

“We are prepared but what we need is shelter on that side of the river so we can meet the needs there,” he said.

Salvation Army spokeswoman Laine Hendricks said the proposal is under review by regional officials in Southern California. She couldn’t say when a response would be made or what it might be. She said there are no plans to sell the property on Union Street across from the police station. She did say Teen Challenge would have to show it has the finances to run a program.

In June, when Salvation Army announced the closings, Hendricks said slumping donations in a down economy meant cutbacks had to be made. Closing the shelters allows the organization to maintain its other services, including a soup kitchen that served nearly 16,000 breakfasts and 43,000 dinners in 2011.

Borden estimated it would cost $120,000 annually to run the shelters. He acknowledged the funding isn’t all in place.

“The problem is we can’t go out and raise money for something we don’t have,” Borden said. “But a lot of people have committed, and our expectation is that the community is going to rally and make this happen.”

Borden said Teen Challenge, which has been working in the community for 25 years, has a track record, With a $600,000 annual budget, it provides 11,000 meals a month, 130 beds each night and an extensive job training program. Most of its funding comes from its own enterprises.

“We try to change lives not just sustain them,” Borden said. “We have a long history of being able to do this and do it very cost effectively.”

Occupy protester guilty of vandalism

by Henry K. Lee
S.F. Chronicle Wednesday, August 15, 2012

An Occupy protester has been convicted of felony vandalism for throwing a chair and smashing the windows of an Oakland police building near City Hall.

Cesar Aguirre, 24, of Elk Grove (Sacramento County) was convicted Monday by an Alameda County jury and could face up to three years in state prison when he is sentenced on Sept. 10.

Testimony showed he was dressed in black clothing and was wearing goggles and a dust mask in the early morning hours of Nov. 1 when he used a metal folding chair to break the windows of the Oakland police internal affairs and recruiting office on Frank Ogawa Plaza about 1 a.m. Nov. 3.

A police officer witnessed the incident from a parking structure. Aguirre had glass shards on his sleeves when he was arrested.

Authorities said he broke six windows and a door, causing $6,654 in damage. The city has sued Aguirre to recover the cost of repairs.

The incident happened amid rioting in downtown Oakland following a peaceful demonstration on Nov. 2.

As You See It: Foreclosure rules needed

by Dean Oja, Boulder Creek
Santa Cruz Sentinel Aug. 15, 2012

What the supervisors of Santa Cruz County should do, like you said in “County tables housing rules,” is make the banks show that they have the title to a home before the county issues them a notice of default. As it is now, the bank just comes in and ask the recorder of the notice of default and they get it, without showing any documentation that they legally own the property. Nevada did this and foreclosures have been reduced to half as many as before.

Banks also do not have to pay a transfer tax like everybody else when we buy property. In San Francisco, the supervisors are voting on Nov. 8 to make the banks pay this fee because the title is being transferred.

My question is, do the banks have to pay property tax on the house after they take it back, and if not, why? They should have to pay the property tax for the same amount as the foreclosed owner was until the house is sold.

If you are being foreclosed on or heading that way go to www.HOFJ.org — Home Owners for Justice — and see if they can help.

Let’s prosecute the bankers for fraud for the “robo-signing” that was happening and might still be happening.

This was mass fraud against the people. We could probably use RICO laws due to the mass conspiracy of defrauding the public and the courts, but nobody in the Justice Department seems to think it is a good idea to bite the hand that feeds you.

Santa Cruz County relaxes affordable housing rules

By Jason Hoppin – Santa Cruz Sentinel
08/14/2012SANTA CRUZ – In a nod to what remains a tight housing market, the county Board of Supervisors on Tuesday relaxed the county’s affordable housing rules, handing developers the flexibility to rent out units that would otherwise be sold to low- and moderate-income residents.County staff said they hoped the deal encouraged banks to lend to builders who are still having a difficult time securing financing on large projects. The deal sunsets after two years, and likely impacts a high-profile plan that’s been three decades in the making – the Aptos Village Project.

“It’s going to provide an incentive for large-scale housing developments in the county, which we have not seen over the years,” Wanda Williams, the county’s assistant planning director, told the board.

But the shift touched off a debate among supervisors about how best to fund affordable housing after the statewide loss of redevelopment agencies, once the primary force behind new affordable housing.

The move was championed by Supervisor Ellen Pirie, who represents Aptos and is retiring from politics in a few months. She has said one of her goals is to push the Aptos Village plan through.

“The last thing we want is an affordable housing ordinance that actually inhibits affordable housing,” Pirie said.

Under the county’s voter-approved 1978 Measure J affordable housing program, roughly 15 percent of new units are set aside of low- and moderate-income homeowners, providing one path to homeownership in a county where housing prices remain sky high.

Rather than sell the units, the changes approved Tuesday allow the developer to rent them out for up to seven-and-a-half years, at which point they would be sold as affordable housing or at market rates, if the developer pays a substantial fee.

That last provision caused much of the debate, with the board eventually voting that it would have final say over any developer’s decision to pay the “in lieu” fee.

“I’m concerned that if we allow that, we’re going to have more units that fall outside the affordable housing stock,” Supervisor Mark Stone said.

That option is available to developers, who pay a sliding scale fee based on the value of a home. For example, a home valued at $500,000 would trigger a 40 percent fee, or $200,000.

Those funds go toward building affordable housing. For example, they were recently plowed into Santa Cruz’ Nuevo Sol Apartments, which serves the chronically homeless.

But they have also been used to helped fund programs aimed at vulnerable populations, and county staff praised their value. Because they are flexible, they can be used as matching funds to help secure state and federal grants, for example.

“I think in terms of the overall program it’s a real benefit to have those resources,” county administrator Susan Mauriello said.

The Aptos Village Project is targeted for an undeveloped swath behind the Bayview Hotel. It includes a mixed-use village, more than 60 housing units, new roads and the relocation of the old apple barn.

The project is being developed by Barry Swenson Builder. A representative could not be reached to comment.

More homeless camps cleared in Santa Cruz

by Stephen Baxter
Santa Cruz Sentinel 08/08/2012

SANTA CRUZ – Santa Cruz police cleared out 15 illegal campsites and arrested 20 people in the fourth week of a program aimed at reducing homeless camps.

Officers also issued 67 tickets for illegal camping and related charges from July 29 to Aug. 4.

Police spokesman Zach Friend said the arrests were mainly for drug charges, including one case of suspected meth sales. Another person was arrested on suspicion of possession of stolen property.

Twenty-nine camps were posted with warnings to vacate, police said.

Resident complaints have fueled the campaign, as well as concerns of poor sanitation, environmental problems and recent fires related to the camps. Friend said many of the camps are hideouts for criminal activity.

Since the project began in July, police have posted 115 notices to leave and dismantled 42 campsites. They also have issued 245 citations and made 70 arrests.

Santa Cruz police ask residents to report illegal campsites by calling 420-5892.

The Homes Of The Homeless

Joel Hersch — Good Times

08 August 2012

news1-1Santa Cruz police near the end of a campaign to clear out illegal campsites

On a narrow strip of land between Highway 1 and Plymouth Street, Santa Cruz police officers Barnaby Clark, Mike Huynh and Sgt. Dan Flippo fan out as they approach a dingy blue tent with a maroon blanket draped over it.

Huynh draws his gun and holds it ready by his hip as Flippo calls out, “Police! Anybody home?”

No answer.

Flippo pulls back the tent’s flap and carefully peeks inside while Huynh covers him. No one is home.

As the tension eases, Huynh holsters his weapon.

These three officers form the Santa Cruz Police Department (SCPD) task force whose mission is to eradicate illegal campsites—which many homeless people call home—that are hidden around the city. By the second week of the 30 to 45-day campaign, many of the camps have already been disbanded, says Flippo, a brawny man who has served 20 years with the SCPD.

“A lot of them have caught wind of this and moved out, farther into the county,” he says.

Even so, the officers are very cautious when making contact with a campsite, always entering one with several officers present.

“We don’t know what’s in there,” Huynh says. “If they’re a drug user, they might think there’s someone coming to steal their stash, so they’re going to protect it.”

Huynh, who is in his sixth year with the SCPD, was involved in a physical altercation at a campsite near the San Lorenzo River Levee the week before our interview and had to call for backup.

“You have to be careful because we’re kind of going into someone’s home,” Flippo says.

news1-2Santa Cruz Police Sgt. Dan Flippo at one of more than 86 illegal campsites the police have indentified so far in their current effort to curb illegal camping. The SCPD, in partnership with the Santa Cruz Parks and Recreation and Public Works Department, began the initiative to crack down on the homeless campsites on July 9 after receiving many new complaints from community members. Neighborhood residents have reported thefts that they think are related to people living at nearby campsites.

In addition to piles of trash left over at the empty encampments, police have also found many stolen bicycle parts. Flippo says homeless campers will often steal bikes, take them apart and sell the pieces to buy drugs.

Fire, sanitation and public safety have also become a growing concern, he says.

When the officers visit a newly reported campsite, they issue a Municipal Code citation and give the campers 72 hours to leave, according to Flippo.

He adds that the work can be frustrating because many of the people living in the camps do not take citations seriously. Many just crumple up the pieces of paper and throw them out, knowing from experience that the court will not issue a bench warrant for an illegal camping infraction.

Santa Cruz City Attorney John Barisone explains that the city adopted an ordinance in 2009 declaring that people who ignore three citations in six months receive a misdemeanor, and the court will issue a warrant for a misdemeanor.

“That will allow the officer to take the person into custody and that person will have to go to court and be arraigned and prosecuted,” Barisone says. “What we’ve learned is that once an individual is arrested and spends a few days in jail, they are immediately aware that there are consequences for their actions, and we either don’t see them again because they change their behavior or they leave town.”

Flippo says that, in reality, the prosecution process is still extremely aggravating. He says even if a perpetrator does go to jail for a few nights, he often runs into them again at other illegal campsites.

“Honestly, there’s not a whole lot of repercussion,” he says. “It’s mostly just an inconvenience for them to have to move their camps.”

Clark says the majority of the people in the camps they have shut down are living this way to distance themselves from law enforcement, engage in criminal activity and feed a drug addiction.

“These are people who are living this lifestyle long-term,” Clark says. “These aren’t people who have been stuck out on the street by circumstance.”

Flippo says he tries to advise homeless campers of resources available for them through the city or county, but that many of them choose not to seek help. Then there are a number of people who cannot utilize resources like soup kitchens because they have caused problems in the past, he says.

After leaving the first site between Highway 1 and Plymouth Street, the officers move on to check out another camp located near The Fishhook, at the point where Highway 1 and Highway 17 diverge. The people at the camp were issued a citation a few days earlier and Flippo wants to make sure they actually left.

Flippo calls the tree-lined space between the two roads “The Triangle.” It was the location of more than 14 campsites the previous week, with anywhere from one to five people living in each.

Seventy-two hours after police issued citations, Cal Trans personnel came in and cleared out the entire area, which Flippo says was covered in human feces and was a major biohazard.

In the middle of the triangle-shaped section of land is an open cement culvert, which Flippo explains flows directly into the ocean.

He motions at it and asks, “Do you surf?”

I say yes.

“Well, trust me,” he says. “Don’t surf the River Mouth. All this flushes down right through there.”

Flippo, who also surfs, has avoided the River Mouth for years because of how much human excrement he discovered was flowing directly into the surf zone.

Despite the task force’s recent efforts, Flippo knows that many of the same people from these campsites will set up new ones in other parts of the county. He has heard there might be a new camp near Dominican Hospital, but that is outside of the SCPD’s jurisdiction.

Some popular campsite hotbeds have included the San Lorenzo River Levee, Pogonip Park, Arana Gulch and Harvey West Park.

While busting campsites, Flippo says that they located some people who had outstanding warrants, including one man camped out in Harvey West who was wanted for three years, a sex offender who had failed to register and another who was in possession of several knives while on a no-weapons probation.

By the third week of the campaign, police identified 86 campsites, issued 178 citations, made 50 arrests and cleared 27 sites, according to Santa Cruz police spokesman Zach Friend. The pilot project will end within the next two weeks, adds Friend, but could be restarted after an evaluation is complete.

Santa Cruz Mayor Don Lane understands the need to put a stop to illegal camping due to the immediate problems it causes, but he says it reinforces his own desire to help provide the homeless with legal places to call home.

One way the city is currently attempting to do this is with its 180/180 campaign, which seeks to permanently house 180 vulnerable homeless people.

Phil Kramer, who is the 180/180 campaign project manager, explains that the camps are, in part, a survival mechanism for homeless people. They offer people living on the streets a sense of community and safety in numbers, he says.

While he understands that the police have to do their job, Kramer says that evicting people from these campsites is very much like going into anyone else’s home and making them leave.

“Where ever it may be, our home is our sanctuary,” he says. “It’s our safe place, and that place is really in the eye of the beholder. Some of us have something with sturdy walls, and a well made roof and in-door plumbing. And other people—the place they call home is much more fragile and much more tenuous.”

UC Santa Cruz teacher and homeless advocate Franklin Williams agrees. “We need to not lose sight of all people’s rights and property protections, not just homeowners and businesses,” Williams says.

Lane says it is not clear cut that these people are trying to avoid society so that they can engage in criminal activity, but rather that they are lacking a place in society.

“My question is, are we helping people who are living in those terrible conditions to find a pathway out, or are we just moving them around?” Lane says. “As a community, if we don’t create some opportunity for these folks to live a different way, they’re going to live on the margins. This will be an improvement for our immediate situation, but as far as changing their lives, I think it will take much more.”

Day laborers fill a need

SC Sentinel “As You See It” 08-07-12

I must disagree with Julia Hansen’s recent letter protesting the day labor center. I’ve worked in construction for 25 years, and the jobs the day labor center will connect workers to are mainly jobs most other folks wouldn’t do. These are low-paying hard jobs with no benefits other than some hard earned cash in your pocket [not much]. If I thought these jobs were being given to undocumented workers at the expense of those here legally I would agree with you, Julia, but that’s not been my experience.

Mike Anderson, Aptos

As Greece Rounds Up Migrants, Official Says ‘Invasion’ Imperils National Stability

By NIKI KITSANTONIS
NY Times: August 6, 2012

Angelos Tzortzinis/Agence France-Presse — Getty Images

Immigrants being detained in central Athens on Sunday. About 6,000 people were held in a police operation over the weekend.

 

 

ATHENS — A vast police operation here aimed at identifying illegal immigrants found that, of 6,000 people detained over the weekend, 1,400 did not have proper documentation, leading the minister of public order to say that Greece was suffering an “unprecedented invasion” that was threatening the stability of the debt-racked nation.

The minister, Nikos Dendias, defended the mass detentions, saying that a failure to curb a relentless flow of immigrants into Greece would lead the country, which is surviving on foreign loans, to collapse. “Our social fabric is at risk of unraveling,” Mr. Dendias told a private television channel, Skai. “The immigration problem is perhaps even greater than the financial one.”

He said he would resign if he was obstructed. “There would be no point in me staying on,” he said. That appeared to be a warning to left-wing opposition parties, one of which called the operation a pogrom.

About 4,500 officers conducted raids on streets and in run-down apartment blocks in central Athens, a police spokesman said, calling the sweep one of the largest ever by the force. Eighty-eight Pakistanis were flown back home on a chartered flight on Sunday, said the spokesman, who spoke on the standard ground rules of anonymity. He said more deportations were expected in the coming days.

With its position on the southeastern flank of the European Union, Greece has long been the most common transit country for impoverished migrants from Africa, Asia and the Middle East. But the global economic malaise and the revolutions of the Arab Spring have sharply increased the flow of migrants, and the government has been calling for more help from the European Union.

Prime Minister Antonis Samaras promised to crack down on illegal immigration in campaigning before the general elections in June, which his conservative New Democracy party won by a small margin, followed by Syriza, the party that denounced the weekend operation. But no mass efforts had been made before that, fueling the fury of ascendant right-wing groups.

Last week, the authorities decided to transfer hundreds of officers to Greece’s land border with Turkey, a popular route for smugglers sneaking migrants from Africa and Asia into the country for a fee. Many of those officers have been moved to border guard duty from the security details of politicians as part of an overhaul of the force. The reinforcements were sent amid fears of an increased influx of refugees from Syria, where political tumult has devolved into civil war.

The growing population of immigrants in Greece — about 800,000 are registered, and an estimated 350,000 or more are in the country illegally — adds to the anxieties of many Greeks, who are seeing the government’s once-generous social spending evaporate. They complain that the foreign residents are depriving them of jobs and threatening the national identity.

Such frustrations have been exploited politically, notably by Golden Dawn, a far-right group that has been widely linked to a rising number of apparently racially motivated assaults but vehemently denies being a neo-Nazi group. Once obscure, it drew 7 percent of the vote in the June elections.

The party has called for the immediate deportation of all immigrants and has accused Mr. Samaras of reneging on his pre-election promises to curb illegal immigration. The party has won public support through a range of initiatives, including the distribution of free food, but only for those who can show Greek identity cards.