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Sunday, February 7, 2010
Saturday, February 6, 2010
We sued the city of St Louis and the Board of Police Comissioners and WE WON!
Remember how Gustavo Rendon was arrested and thrown in jail for leafleting information on eminent domain abuse in his own neighborhood? Then you'll also remember that those trumped up charges were dropped the very next day.
BUT the police did find a law that they could and would enforce on us if we were to ever show dissent by leafleting in the city again.
So we sued the city and board of police and WE WON!
A law that was selectively enforced and violated our right to free speech is to be removed from the books! The consent judgement signed by the judge also requires that all police officers, park rangers and others responsible for enforcing laws to be made aware of this change within 60 days.
That's one down... :)
BUT the police did find a law that they could and would enforce on us if we were to ever show dissent by leafleting in the city again.
So we sued the city and board of police and WE WON!
A law that was selectively enforced and violated our right to free speech is to be removed from the books! The consent judgement signed by the judge also requires that all police officers, park rangers and others responsible for enforcing laws to be made aware of this change within 60 days.
That's one down... :)
My notes on the first court hearing; regarding the assault at heath"control" townhall meeting
So tonight, I headed to court. I had trouble finding it; it's tucked away in a strip mall, I arrived just at or a lil before 7pm. I ducked down and looked in the court windows and could see empty chairs. Upon entering the building, I was handed a clipboard by the person that entered before me- it was a sign in sheet for your name and DOB. I signed it and was searched by the security guard. I went down the hallway and then noticed there was a line to get in the court room. I was told by the last person in line- it was first come, first serve. So I went back outside to get a better look of how many seats were available. The blinds were down low, so I knelt down to look under the chairs and unless people were sitting Indian style there were plenty of open seats cause I could see no feet, only chair legs.
I went back in and let the security guard know that I was not a defendant, but rather the victim and that the prosecuting attorney, Vic Melenbrink, told me the court would be open to the public; that I would be able to sit in. He basically gave me the I don't make the rules spiel and asked me to write my name and the defendants name on a piece of paper (luckily I had a notebook in hand). I did so and gave it to him. More people were walking in the door though and his first obligation was to take care of the sign in sheet and searches. I waited about 15 minutes, being sure to stay out of his way and to not side track him with questions/comments while he attended to his job (I used this time to take note of his arm patch "Private Investigator St Louis MO Security Officer"). When he was done with that business, he turned around and opened the court door to peek in and then closed it, he just stood there, like he didn't know what to do. I got frustrated and asked him "Are victims rights not upheld in this court room?". He assured me they were and then went on to search another person entering, while he explained that there wasn't enough room in the court room for it to be open to the public, there was only room for defendants. I said "There are plenty of empty chairs in there Sir." After his search I asked him if there was someone in one of the offices at the end of the hallway, someone that I could talk to, that is in charge of this decision? He said yes, the county clerk makes me call. I then asked him for his name - Roger Franklin - and thanked him.
I had waited so long by the front door with the security guard that there was now a line at the county clerk window. I asked the people around me if the line to get in and not open to the public was usual... they said the line was usual, but they didn't have an answer to the latter. There were about 5 people in front of me and it seemed to take forever, the clerk was taking her time very happily. Anyways, so I get to the window and wait to be addressed. I can't remember how she addressed me, but I ended up asking her a question back- "Hi, Are you the county clerk?" She said no, I'm the court supervisor. I repeated court supervisor, as I wrote it down. I then asked her name - Stephanie. As I wrote that down, I asked last name? - Haywood. After writing her last name down; I explained to her that the officer at the door told me that I needed to talk to the county clerk because he could not let me in since I was not a defendant and I was told by the prosecuting attorney, Vic Melenbrink, that I would be allowed in the court room. I am the victim. She then asked my name. Kelly Owens. She told me to hold on. I assume she went into the court room, she came back seconds later and asked me to meet her at the front door by the security officer. I did so. She let me in. She told me to sit close to the door we entered (in the back) and told me that Vic knows I'm here.
When I looked around- I counted the empty chairs - 81!!!!! There were roughly 30 people in the other chairs. That's when I noticed Brian Mathews was sitting in front of me - 2 rows up. I also noticed a clock, since I was made to turn my phone off when entering, I didn't know what time it was. By the time I got in the court room it was 7:30. I was curious to hear what most of the kind of violations were, I wrote them down - improper vehicle registration, housing code, no proof of insurance, violating an electric signal, petty arsenal, driving while suspended, driving while suspended, failure to yield, failure to register, petty arson, improper vehicle registration, violating electric signal, failure to stay in lane, DWI, no proof of insurance, larceny, no proof of insurance...
At 7:45, the judge took a break. After hearing the guy sitting in front of me talk, it sounded like this wasn't his first court date - so I asked him "Do you know the judge's name?' and sure as shit - he did - Judge Adler. I just confirmed it, that's him. Only in the court room, he had on glasses.
http://www.co.st-louis.mo.us/municourt/adler.html
The judge came back at 7:55 and shortly after called Brian Matthews to confirm my suspicion that was in fact him. As a few people were called in front of him, I slowly crept up to the front of the room, so I could hear better when he got to Brian. The judge noticed that I moved after I had crept up and gave me eye contact. I heard the judge say you are charged with interfering with police, how do you plea? and then I heard Brain ask something about how does he get a public defender? I couldn't hear the rest. Brain was handed a manila square card stock piece of paper and all I could make out when he walked by was the St Louis County logo on top. Brain walked out of the court room. And the judge gave me a stare again and then he seemed to look at my notebook. I crept back to my original chair.
Another guy went up and got the same card handed to him, so as he walked out of the court room I asked him what the card was for; it was for a continuance. He showed me the card- it had the St Louis County logo up top and then typed info with a handwritten date- March 11, 2010. The judge called up the last few people and turned to Vic Melenbrink and asked if he was done. Vic responded to the effect of yes, because the judge then got on his computer.
Vic Melenbrink looked to be talking to an attorney and had more attorneys and citizens lined up to speak with him. It was now 8:10. I wanted to stay and talk with Vic but at the rate he was going, I would of been there for at least another hour- and I had to get to the t-mobile store before they closed at 9pm, not to mention that I hadn't ate dinner yet, so I snuck out the door. I thanked the security officer and left. I didn't see Jake Wagman, Cherly Johner, Elston McCowan, Perry Molens, or Javonne Spitz. And Vic Melenbrink is a lot younger than I expected- he worked the whole time he was in the court room, I watched the way he spoke with people- his vibe seemed good.
UPDATE: Court dates have been changed.
01/21/10 - Jake Wagman and Brian Matthews (Jake Wagman has an attorney)
03/04/10 - Cherly Johner (Cheryl Johner has an attorney) (Kelly Owens)
03/11/10 - Brian Matthews (most likely continuence date)
03/25/10 - Javonne Spitz
04/01/10 - Elston McCowan and Perry Molens (I believe they have a SEIU attorney representing them) The fact that Elston and Perry will be giving their plea on April Fools Day couldn't be any more ironic.
All court dates are at the same time and location.
7:00pm at http://www.co.st-louis.mo.us/municourt/south.html
I went back in and let the security guard know that I was not a defendant, but rather the victim and that the prosecuting attorney, Vic Melenbrink, told me the court would be open to the public; that I would be able to sit in. He basically gave me the I don't make the rules spiel and asked me to write my name and the defendants name on a piece of paper (luckily I had a notebook in hand). I did so and gave it to him. More people were walking in the door though and his first obligation was to take care of the sign in sheet and searches. I waited about 15 minutes, being sure to stay out of his way and to not side track him with questions/comments while he attended to his job (I used this time to take note of his arm patch "Private Investigator St Louis MO Security Officer"). When he was done with that business, he turned around and opened the court door to peek in and then closed it, he just stood there, like he didn't know what to do. I got frustrated and asked him "Are victims rights not upheld in this court room?". He assured me they were and then went on to search another person entering, while he explained that there wasn't enough room in the court room for it to be open to the public, there was only room for defendants. I said "There are plenty of empty chairs in there Sir." After his search I asked him if there was someone in one of the offices at the end of the hallway, someone that I could talk to, that is in charge of this decision? He said yes, the county clerk makes me call. I then asked him for his name - Roger Franklin - and thanked him.
I had waited so long by the front door with the security guard that there was now a line at the county clerk window. I asked the people around me if the line to get in and not open to the public was usual... they said the line was usual, but they didn't have an answer to the latter. There were about 5 people in front of me and it seemed to take forever, the clerk was taking her time very happily. Anyways, so I get to the window and wait to be addressed. I can't remember how she addressed me, but I ended up asking her a question back- "Hi, Are you the county clerk?" She said no, I'm the court supervisor. I repeated court supervisor, as I wrote it down. I then asked her name - Stephanie. As I wrote that down, I asked last name? - Haywood. After writing her last name down; I explained to her that the officer at the door told me that I needed to talk to the county clerk because he could not let me in since I was not a defendant and I was told by the prosecuting attorney, Vic Melenbrink, that I would be allowed in the court room. I am the victim. She then asked my name. Kelly Owens. She told me to hold on. I assume she went into the court room, she came back seconds later and asked me to meet her at the front door by the security officer. I did so. She let me in. She told me to sit close to the door we entered (in the back) and told me that Vic knows I'm here.
When I looked around- I counted the empty chairs - 81!!!!! There were roughly 30 people in the other chairs. That's when I noticed Brian Mathews was sitting in front of me - 2 rows up. I also noticed a clock, since I was made to turn my phone off when entering, I didn't know what time it was. By the time I got in the court room it was 7:30. I was curious to hear what most of the kind of violations were, I wrote them down - improper vehicle registration, housing code, no proof of insurance, violating an electric signal, petty arsenal, driving while suspended, driving while suspended, failure to yield, failure to register, petty arson, improper vehicle registration, violating electric signal, failure to stay in lane, DWI, no proof of insurance, larceny, no proof of insurance...
At 7:45, the judge took a break. After hearing the guy sitting in front of me talk, it sounded like this wasn't his first court date - so I asked him "Do you know the judge's name?' and sure as shit - he did - Judge Adler. I just confirmed it, that's him. Only in the court room, he had on glasses.
http://www.co.st-louis.mo.us/municourt/adler.html
The judge came back at 7:55 and shortly after called Brian Matthews to confirm my suspicion that was in fact him. As a few people were called in front of him, I slowly crept up to the front of the room, so I could hear better when he got to Brian. The judge noticed that I moved after I had crept up and gave me eye contact. I heard the judge say you are charged with interfering with police, how do you plea? and then I heard Brain ask something about how does he get a public defender? I couldn't hear the rest. Brain was handed a manila square card stock piece of paper and all I could make out when he walked by was the St Louis County logo on top. Brain walked out of the court room. And the judge gave me a stare again and then he seemed to look at my notebook. I crept back to my original chair.
Another guy went up and got the same card handed to him, so as he walked out of the court room I asked him what the card was for; it was for a continuance. He showed me the card- it had the St Louis County logo up top and then typed info with a handwritten date- March 11, 2010. The judge called up the last few people and turned to Vic Melenbrink and asked if he was done. Vic responded to the effect of yes, because the judge then got on his computer.
Vic Melenbrink looked to be talking to an attorney and had more attorneys and citizens lined up to speak with him. It was now 8:10. I wanted to stay and talk with Vic but at the rate he was going, I would of been there for at least another hour- and I had to get to the t-mobile store before they closed at 9pm, not to mention that I hadn't ate dinner yet, so I snuck out the door. I thanked the security officer and left. I didn't see Jake Wagman, Cherly Johner, Elston McCowan, Perry Molens, or Javonne Spitz. And Vic Melenbrink is a lot younger than I expected- he worked the whole time he was in the court room, I watched the way he spoke with people- his vibe seemed good.
UPDATE: Court dates have been changed.
01/21/10 - Jake Wagman and Brian Matthews (Jake Wagman has an attorney)
03/04/10 - Cherly Johner (Cheryl Johner has an attorney) (Kelly Owens)
03/11/10 - Brian Matthews (most likely continuence date)
03/25/10 - Javonne Spitz
04/01/10 - Elston McCowan and Perry Molens (I believe they have a SEIU attorney representing them) The fact that Elston and Perry will be giving their plea on April Fools Day couldn't be any more ironic.
All court dates are at the same time and location.
7:00pm at http://www.co.st-louis.mo.us/municourt/south.html
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