by Duane J. Roberts
Wednesday, Jun. 15, 2005 at 5:41 PM
duaneroberts92804@yahoo.com
Orange County Superior Court Judge dismisses criminal case against protestor arrested by Santa Ana Police on the night of October 22, 2004.
Early this morning, Orange County Superior Court Judge John S. Adams dismissed the misdemeanor criminal charge that the Santa Ana City Attorney's office was aggressively pursuing against Naui Huitzilopochtli, a protestor arrested by Santa Ana Police on the night of October 22, 2004 for using a bullhorn during a march against police brutality.
The Santa Ana City Attorney's office was prosecuting Huitzilopochtli for allegedly violating Section 10-153 of their Municipal Code which states in part that "[i]t is unlawful for any person to cause, allow, or permit the emission or transmission of any loud or raucous noise from any sound-making or sound-amplifying device in his possession or his control".
Assistant City Attorney Lorena C. Penaloza asked for yet another continuance, arguing that a key witness (i.e., the arresting officer) was in Washington, D.C. and that she wasn't ready to go to trial today. Although Judge Adams listened carefully to her arguments, he dismissed the case saying the City Attorney's office had been given more than enough time to prepare.
As a result of this dismissal, Naui is now a free man!
A much longer report regarding today's events will be posted online within 24 hours!