Peace be with you
I filed a motion requesting a suppression hearing today, May 27, concerning my alleged “peace disruption.” I didn’t post anything, because seeing how no one showed up at any of the previous hearings I figured you would rather read about it ex post facto.
A suppression hearing, officially known as a “Motion to Suppress Pursuant to Penal Code §1538.5,” is a motion questioning the search and seizure of an arrest. Due to the fact I only receive mail in Eureka, not live there, I found out the DA filed three filings on the 21st, and that a court date had been set for yesterday.
The first DA filing was a Motion to Continue. That was the reason for the surprise court date. The DA requested the continuance because the cop who wrote the report was allegedly on vacation. The ironic thing was that last week I received my motion back from the court clerk saying that my motion was voided and the 27th date was vacated. When it got vacated I was motivated to refile it and had already rescheduled it for June 17th at 8:30am, and had already done so by the time I checked my mail yesterday. Plus I was able to vacate that pesky, and mostly useless pretrial hearing scheduled for the 8th.
June 8th is the date scheduled on the second DA motion. This is a Motion to File Amended Complaint. It seems now I am know longer an accused disturber of the peace, but am accused of being a “disturber of the meeting.” California Penal Code (CPC) § 403 is the new charge they will change disturbing the peace to on July 1.
The third motion was an “Opposition” to my motion to suppress. It claims that I didn’t give proper notice for a court date. The law says 10 “court” days, and I didn’t count Monday holidays. Sorry?!. With all the shit one has to learn in order to defend themselves its not surprising to over look some little shit once in a while. Luckily I was able to find a printer and deliver a letter telling all the witness which I felt compelled to subpoena, “never mind.” Yes, that’s right the cat’s out of the bag. Everyone that got subpoenaed for tomorrows date will once again be subpoenaed for the 17th.
Who was on the subpoena list? Jimmy Smith, Kathy Hayes, and Vanessa Erickson all came forward as police witnesses against me, and so I assumed that they are also called by the prosecution, but you can never be too careful when playing with slimy creatures who can bite you, so I subpoenaed them too.
I also subpoenaed Mark Lovelace, because I believe he was the most creditable person in the room at the time. I was grateful for his coverage of Maxxam’s bankruptcy, and believe he has good standing as an observer. Plus despite his new politician status, I believe he is still fairly honest. We’ll find out on the 17th.
Lastly I subpoenaed Phil Crandall, who happened to be the last person, in the little foyer leading into the supes chambers, before six, nail eating, steroidal, cops came charging in the room.
I think I have a good case in the suppression hearing, but I’ve lost hearings before. I really believe I’ve lost any element of surprise now that they have an extra month to “prepare their witnesses.” I still believe my other witnesses and their evidence will make my case.
Sorry I can’t be more specific about what I am trying to do with my suppression motion, because suppression motions are up to the DA to prove his case. And I don’t think he can. I know I promise to write about shit I haven’t yet wrote about, but I will try to explain everything I learned about suppression hearings in a later post.