Thread by @LoriSaldanaSD

Preparing to testify re:unjust #homelessness citations in #sandiego

Commissioner Pete Singer presiding

Also present: attorneys @objkshn & @ScottDreher1 and
#housing advocates @sullivanms @HomelessnessSD

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If you’d like to listen in- We are in courtroom B

First case to be heard is a traffic issue re tinted windows.

sdcourt.ca.gov/sdcourt/traffi…

Evidence is only now being presented. There was nothing offered prior to court during discovery, violating due process. A 22 min video is only now available to view.

“This is trial by ambush”- @objkshn asks for dismissal

Singer’s not prepared to rule.

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.@objkshn asks for dismissal
🔥🔥🔥
Court recesses to consider
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During recess @objkshn requests to view video. @sandiegopd officer refuses pending Singer’s ruling

Clerk orders him to make it available during recess.

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Back in session. Impeaching evidence was viewed in video: Officer told defendant she was stopped for turn signal violation not window tinting.

Tint was not visible to officer until after stop. He did not use a light to measure tinting density

@objkshn asking for relief
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And dismissal under constitutional and other grounds. Singer reviewing timeliness of evidence being provided and penal code requirements

Court is restrained by these codes re granting request.
Not looking promising for dismissal
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.@objkshn points out the court is placing undue burden on a pro bono attorney subjecting her to work for free when the prosecution hasn’t made an effort to provide evidence. Asking her to continue Filing & preparing motions is an unfair burden to protect constitutional rights
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Side note: there’s a lot at stake here re people’s right to fair trial. @objkshn is under tremendous time/economic stress to defend basic rights while #sdcityattorney has failed to meet their obligations

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Singer: This case is from April 2022. He offers a continuance but not dismissal

His job is “to follow the law…not suggesting your frustration is misplaced”
(Justice delayed is Justice denied)

@objkshn asks for continuance to Jan 18 after conferring w/client-clerk checks

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Calendar 📅 discussion- case trailed. Court retains jurisdiction since sworn testimony has been provided.

@objkshn notes the Right to speedy trial being waived makes it less likely City Attorney will do her job and provide evidence in the future

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Starting back in new courtroom. Waiting for remote access but judge states “court is not under an obligation to provide remote access”

@objkshn requesting remote access - judge allows

More barriers to participation
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I think we are available here: sdcourt.ca.gov/sdcourt/traffi…

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#sandiegoPD officer begins to testify. @objkshn notes he is reading from documents and requests copies of the report/ticket officer is using

Recess while copies are made

Case dismissed due to lack of officer requesting identification

I’m not needed to testify as a witness re Midway encampment sweeps and encroachment citations

These sweeps don’t provide #housing or support.

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To summarize this morning’s activities: the #sandiego police failed to do their jobs to provide evidence, and identify an unsheltered person before issuing an encroachment citation

As a result of their incompetence one case was dismissed, and another was continued. But…

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They were still paid a minimum of four hours to appear in court, even when the case was dismissed.

These encroachment citations are costly- not only for impoverished people being cited but also for taxpayers footing the bill for incompetent police & City Attorney work.

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Why is @MayorToddGloria continuing these policies of sweeps, citations, and harassment, when there is no housing for people to move into?

Maybe they are counting on poor unsheltered people having no defense- Because if they did, every case would likely be dismissed

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The real lesson today: This is an abuse of our criminal justice system.

@MayorToddGloria @ChiefNisleit & #sdcityattorney officials
are using Police and Court resources instead of providing support, services & #housing for people with no place to go
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So next time you call for police and they don’t arrive for hours: Thank @ToddGloria @ChiefNisleit & City Attorney Mara Elliott for wasting their time in court & your money paying for these cases that should never go to trial & are likely to be dismissed due to incompetence

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Thanks to @objkshn & @ScottDreher1 for fighting the good fight for the most vulnerable in #SanDiego

Thank you @HomelessnessSD @sullivanms @LivedAdvisers for providing court support

+Follow @dulaneycd at @inewsource for updates - he was online for today’s hearings

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Today’s hearings are shining a light on how #SanDiego courts are clogged w/cases that should never go to trial

@MayorToddGloria needs to end police harassment of the poorest #sandiego residents

His policies cost us dearly in @SanDiegoPD overtime & wasted court resources

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