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Court Solidarity Needed for O22 Protestor in OC

by Ce Coatl Friday, Jun. 10, 2005 at 6:10 PM
atlachinolli_front@yahoo.com

Court solidarity requested-read below for more information

Court Solidarity: Tuesday, June 14, 2005

at 8:30 a.m. in Department C-47, Central Justice

Center, 700 Civic Center Drive West, Santa Ana,

California



Read below for details:





On Friday, October 22, 2004, four persons were

arrested by Santa Ana Police at an anti-police

brutality march held in conjunction with the National

Day of Protest against Police Brutality. Two persons

were taken into custody for allegedly obstructing a

police officer in the performance of his duties;

another two were arrested because they were carrying

bullhorns.

Since that time, three of these cases have been

settled in Orange County Superior Court. Two protestors plead guilty to a misdemeanor and were given a year of informal probation, required to pay a small state restitution fund fee, and perform several hours of community service; another person agreed to pay $350 as part of a "civil compromise" in return for the criminal charge against them being dropped.

Naui Huitzilopochtli, one of the protestors arrested

by Santa Ana Police on the night of October 22nd for

carrying a bullhorn, has decided to fight the

criminal charge pending against him. He has retained

the services of both Victor Cueto, Esq. and

Ronald Talmo, Esq. -- the latter being a prominent

Orange County Civil Rights Attorney -- to defend

him in court.

The Santa Ana City Attorney's office is 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".

In the trial brief that Naui's attorneys filed on his

behalf at his last court appearance, they argued that

the the Santa Ana City Ordinance regulating the use of

a "sound-amplifying device" violates the First

Amendment of the U.S. Constitution because certain

provisions within it give the police too much power

and discretion to decide how it should be enforced.

Although the Santa Ana City Attorney's office asked

for yet another extension at his last court

appearance, we expect the case, "People of California v. Naui Huitzilopochtli" (Case No. A61170), to finally go

to trial on the morning of Tuesday, June 14, 2005

at 8:30 a.m. in Department C-47, Central Justice

Center, 700 Civic Center Drive West, Santa Ana,

California. We ask that those persons who attended

the last court appearance come to this one -- and

bring a couple of friends! Bring as many people

as possible!

Show your solidarity with Naui, who, like three

other protestors on the night of October 22nd, was

arrested in a capricious and arbitrary manner by

Santa Ana Police merely for exercising his First

Amendment right to free speech and __expression

during a non-violent demonstration!

REMEMBER: AN INJURY TO ONE IS AN INJURY TO ALL!

By showing up to this trial, we'll be sending a strong

message to Santa Ana Police that we will no longer

tolerate them trampling all over our constitutional

rights!

TAKE A STAND TO DEFEND CIVIL LIBERTIES!

For more information, please e-mail atlachinolli_front@yahoo.com





=============================

ADDITIONAL INFORMATION ONLINE

=============================

Article posted online at http://www.ocorganizer.com

offering a brief summary about what transpired at the

Friday, October 22, 2004 anti-police brutality march

in Santa Ana, California and some actions that occured

in response::

http://www.ocorganizer.com/html/reports_from_the_hood.html



"Defendant's Trial Brief" that was filed by Civil

Rights Attorney Ronald Talmo in "People of California

v. Naui Huitzilopochtli", Orange County Superior

Court,

Case No. A61170:

http://la.indymedia.org/uploads/trialbrief.pdf



Excessive force complaint filed by the author of this

message with SAPD Internal Affairs Unit on 11/19/04

re: arrest of protestor at O22 march; and SAPD's

letter of 2/15/04 re: results of their "investigation"

of the complaint:

http://la.indymedia.org/uploads/sapdcomplaint_response.pdf



Two articles posted online at la.indymedia.org

regarding a well-documented 2003 incident at a City

Council meeting showing that Santa Ana Police contempt

for civil liberties is not a relatively new phenomena:

http://la.indymedia.org/news/2003/02/31849.php

http://la.indymedia.org/news/2003/03/36505.php


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