Big Win today in Court - Lehr v. City of Sacramento

We had a pretty big win today on the homeless property trial. Jury came back around 4pm. There were 8 or 9 questions they had to answer. The first question was if the city had taken and destroyed some homeless people's property. "Yes" Did they do that as a habit. "No" They didn't think there was inadequate notice before taking people's property. They didn't agree that the cops didn't get enough training and some other "no"s. Did the city fail to give proper notice of where to retrieve property? "Yes" Habitually? "Yes" 3 yeses make a win for plaintiffs. Attorney's say this is really good. There will be a damages hearing and some other activities, yet.

I don't get it, though. It was pretty clear from the testimony that a big reason no one got notice where to retrieve their property was that the property was destroyed, habitually or ALL THE TIME. If property was never booked into storage, it was obviously never stored.

Well, anyway, good news and some change of policy is to come, we hope. And some compensation, I imagine (or did someone say so?).

Batman Begins

May 16, 2011 - Lehr v City of Sacramento, Homeless property trial

Let me start out by saying that Police Officer Mark Zoulas has been touted as a “real nice guy”, has received many awards for compassionate policing even from a few homeless service providers (one an organizational plaintiff in the Lehr v City of Sacramento case), considers many homeless people a friend, and other positive facts. He has received the honor of being nicknamed “Batman” by his homeless charges, while his last partner, Officer Cooper, was called “Robin”. Before “Batman” and “Robin”, there was a not so admired cop on the beat that was less affectionately called “Bronco Billy”, notorious for his campaign against the homeless population and his unsavory methods of eliminating homelessness. So, you might admit that “Batman” could entail he exuded a more positive image of a crime fighting hero.

When Zoulas first began his job as a Problem Oriented Policing (POP) Officer, he was told by his superior that his job was to “end homelessness”. That is the extent of his specific instructions from the City of Sacramento on how to perform his job as a POP Officer in charge of the “homeless” beat. It is lucky for the homeless population of Sacramento that he didn’t interpret that directive by using Bronco Billy’s guidelines for accomplishing that task. But he did interpret the instructions in his own way and he ended up inventing Sacramento Police Department’s policy on homelessness pretty much exclusively. He “wrote the book”.

And while he was on the stand, he was able to explain, as long as a book, much of the policy and procedures he ended up following throughout the years, how he helped people get to appointments, gave out Christmas bags, gave homeless people money, warned them of river levels.

He talked about his policy about homeless people’s property, that included parking his trailer conveniently for campers to empty their trash into. He would take shopping cart when directed, only, and would leave a storage bag for the contents. He admitted his training on how to book property consisted merely of following state law, which says that you’re suppose to store property for safe keeping for 60 days, while lost property was suppose to be stored for 90 days. He had booked camping equipment for evidence about 10 times in the past couple years (I think some of that was when Safe Grounders were arrested for civil disobedience), but didn’t book homeless people’s property for safekeeping or because it was “lost”. His most recent partner, Officer Chargin, did start storing homeless people’s property within the last year or two (probably not coincidently after the lawsuit began, I would surmise).

He was asked how he could tell if property was abandoned permanently or if it looked like the camp was still being used. He said he knew the difference by the property’s viability, monetary value and usability. He would consider a tent that was left open for days or weeks with stuff blown in, mold, debree, stench, etc., as being abandoned, and therefore trash. He spoke of both campsites that were well maintained and those that weren’t.

One of his jobs was to clean up homeless camps. Either he and his partner would clean them or they would call in a work crew, sometimes City employees and sometimes the Sheriff’s work crews. He outlined his procedures for notifying people beforehand that there would be a cleanup. If the camper wasn’t at the site, he would leave a notice for them to move or their stuff would be subject to “immediate removal”. He would contact Garren, Loaves & Fishes’ Friendship Park Co-Director, and have him announce the cleanup in the park’s speaker system, and other interactions.

And this sounds all good and dandy, until he mentioned that when he leaves a notice (which we found out by witnesses that not everyone personally got a notice) and the camper does not remove their things, he said he felt he MUST take and dispose of their things or they would not believe there would be consequences for disobeying him. And in the 10 years at his job at this position, he never booked homeless people’s property for safe keeping or because the property may be considered “lost”. Though, he mentioned that his partners were usually responsible for booking property, there was little record of any property being booked unless the person was being arrested, except for more recently by Officer Chargin. It was simply “Move it or lose it”.

Officer Zoulas examination, and subsequent cross, took the whole afternoon on Monday and into Tuesday morning. During his testimony we learned that the POP officers received no training on homeless people’s property (and didn’t follow the state law) and it was obvious they didn’t get adequate education on the US Constitution, in particular the 4^th and 14th Amendments. More importantly we learned that before the lawsuit began, the police never, absolutely never, booked homeless people’s property for safe keeping or because their property was lost, unless they were also being arrested. Never. Ever.

Day 4 - Homeless Property Jury Trial

The argument whether to allow depositions to be read or not continued briefly. Judge England was just about to allow the deposition to be read, when Attorney for the City, Chance Trimm, expressed a change in heart, no, a change of mind because he decided that some of that testimony will be helpful to him later.

The Jury entered and first newly accepted deposition was read by Franklin Banker. John had been homeless since 2007 and has stayed downtown, in the River District, along the river and on Bannon Street. His property was taken by police when he and a few others were staying outside the Mission since they couldn’t get beds. He called the City’s storage yard but they never returned his call. He didn’t get a citation for camping.

Izeal was the next witness who is currently staying with a friend. He’s #76 on the waiting list for a shelter program that will allow him to stay for 60 to 90 days once he gets in. He was in foster homes and group homes. He’s been homeless most of the time since then. He was staying in the tent city by the river when his things were taken.

Franklin Banker read another deposition for a man named James who had been homeless for two and a half years. Batman and Robin (aka Officers Cooper and Zoulas) wouldn’t let him get his possessions they had just tossed in their trailer.

Amie grew up in North Highlands and currently lives in Serna Village. She was staying at the tent city by the river, when her things were taken. She had heard rumors but no notice that eviction was coming. She spoke of the comradery of residents who watched out for each other, increased safety. “We were all we had.”

Franklin read another deposition. James S. was staying on Ahern when a work crew did a sweep with a big scooper. As with what seemed to be typical of most of the testimonies, the cleanup sweeps took place during the noon hours when most people would leave their camps for lunch.

Plaintiff’s attorney’s wanted to show a video. They didn’t want the video admitted but it was possible the defendant would admit it for evidence later in the trial, and it would be best to show it now with Gregory’s testimony to describe why the camp was in a state of disarray. Again, the judge didn’t have to decide since the defendant’s attorney said he wasn’t going to admit it.

Janet Green read Leticia’s deposition. She had been homeless since her husband died in 2003. Jana’s deposition was read by Kathryn from Genesis. Jana saw her things in garbage truck when she got back from lunch and asked police if she could retrieve her things. “No.

Gregory is a Vietnam era Veteran applying for SSI because of his disability. He saw police taking people’s property outside the Union Gospel Mission. He saw them cut a chain from a locked bike, plus camping and other gear. His things were taken when he was staying at the tent city.

Antoinette of Maryhouse read Deborah’s deposition who was homeless since 2008.

That concluded the witnesses to be called by the plaintiffs, and after lunch it became the City’s turn to start calling their witnesses. Their first witness, also their lead witness, was Police Officer Mark Zoulas, also known as “Batman”. The rest of the afternoon was spent questioning him by both the defendant’s and plaintiff’s attorneys, ending with the plaintiff’s cross examination. The plaintiff’s cross will continue into tomorrow’s session. That’s a lot of talking, and therefore a lot of writing to do, that I will continue to do after all his testimony is completed, and then probably even later than that because tomorrow evening gotta go to a meeting.

Attorney for the Plaintiff's - Mark Merin

End of First Week - Homeless Property Trial

Wednesday morning, the federal homeless property trial began with Kevin testifying on the stand. He was working hard in Stockton. He moved to Sacramento and couldn’t find work here. He went to programs and shelters, and also stayed down the street from the Union Gospel Mission in a fenced in field. His things, including working tools, were taken by police. He later went to the City’s Sequoia Blvd storage yard and they couldn’t find his things.

Antoinette, the next witness, is now on disability and indoors. When she was living outdoor, her things were taken without warning. She admitted that she didn’t try to get her things back because “no one ever gets their things back”. Of course she saw that her baskets and contents were in the back of a garbage trailer when she had returned from the store.

Sr. Libby Fernandez, Director of Loaves & Fishes, third witness, was asked about her whole history, from when she was in the United States Air Force Academy, aspiring to become a pilot in the USAF, how she became a nun with Sisters of Mercy, and her career up to present. Her extensive experience and higher education would make one not doubt for a minute that she was, in fact, an expert in the field. But the City’s attorney did, in fact, dispute that. Sidebar. Noise (they put white noise over the speakers so no one will hear their whispering). Sr. Libby was determined to be an expert, and then it became apparent why Chance Trimm wanted to dispute that fact. Now the Sister was allowed to offer her opinion and she offered it whenever and however possible, that it’s wrong to not respect homeless people’s property and their rights to live in Sacramento. She also offered the facts that there aren’t enough shelter and housing to be able to offer homeless people an alternative. She suggested, as an expert, that the City should give people a warning with date before taking property and, if taking property, photograph and store items, leaving a notice on where to retrieve their property. Her total testimony would provide a history and makeup of Loaves & Fishes, the recent history of homelessness and tent city, and enough other interesting facts to write a separate essay – maybe some other time.

Bebe testified before and after the lunch break. She was abuse as a child and later lived in group homes until she graduated from high school at the age of 17. She became homeless, living outdoors by the river, mostly, except in shelters when it rained. She was living in the area called the “Snake Pit” and was trying to get her bicycle fixed in order to be able to move her possessions. The big “claw” tractor was taking all her possessions when she returned to the area. She asked if she was not allowed to get her medications for blood pressure and diabetes.

Garren Bratcher, Director of Loaves & Fishes Friendship Park since 1999, testified that Police Officers Zoulas, Cooper and Chargin would often tell him a day before there was going to be a cleanup sweep and then Garren would have that information announced over the loudspeaker in the park. Still, the requests for survival gear would double the day after each sweep.

The jury was then dismissed to talk about Mark and Cathleen’s request to include depositions from people that they were unable to subpoena. Ron Blubaugh, an attorney that volunteers in the Tommy Clinkenbeard Legal Clinic, was questioned about his efforts to locate witnesses. Then, poor, poor, Tracie Rice-Bailey, who was the main person responsible for finding witnesses and serving subpoenas, was grilled relentlessly by both sides. She was did remarkably well in both all the work that she did do towards finding homeless people, and in her ability to recall all the work she did, including approximate dates. Tracie is formerly homeless and has spent much time doing volunteer work with homeless people, visiting camps throughout the years helping people get into housing and accessing services. Attorney Trimm ungraciously expressed doubts that she qualified to do the work she did. He said a “professional” investigator should have been hired. Though the judge is supposed to be impartial, he did say something to the effect that with the homeless population, different methods may be called for considering their transient nature and such. Both sides were asked to provide a brief to be submitted to the Judge by noon, Friday, to provide their arguments for including or excluding the depositions as testimony. Since Wednesday, Tracie has been working her butt off to try to find those remaining witnesses, as she has been working her butt off every day before the trial to find them. I think there could be no one more qualified for this job, especially considering her familiarity with the homeless population of Sacramento, her relationships with service providers, her excessive energy and enthusiasm, determination and resolve to get the job done. If she doesn’t end up finding everyone by Monday, I think it will be found that the depositions will be read.

Monday morning may be used to here those depositions or any live witnesses that are found. It is probable that the witnesses that the Attorney for the City of Sacramento is calling will begin testifying in the afternoon. Attorney Trimm, earlier, said that his witnesses will probably take a day and a half.

At the conclusion of Wednesday's session, Mo Mohanna
hosted all the witnesses, supporters and attorneys to a solidaridy
get-together and delicious meal at his office. (blurry photos to
protect everyone's identification - well, and that I used my phone's
less than professional camera.)

Second Day of Homeless Property Trial - Sacramento

9 AM the trial resumed with Kenneth as the first witness of the day called forth by Cathleen Williams, attorney for the plaintiffs. While in the other side of the ring, Chance Trimm, Attorney for the City, sits at the ready. Ding!.!.!

Kenneth spoke of his experience staying by the mission, having his things thrown in a trailer by police, along with everyone else’s possessions and who knows what else, as if it were trash. Chance cross examined and seemed to ask Kenneth mostly (and will ask many subsequent witnesses) about his efforts to call the police station to try to retrieve his things; where he hear about the lawsuit; if he take a survey; He’ll mention the illegality of camping from time to time throughout the day.

Karen Hersh was the second witness for the plaintiffs. She was at the Tent City that was outed nationally by Lisa Ling on Oprah. She had trouble moving her things on time because she had severe poison oak. Also, she stated that she didn’t have anywhere else to go. Others got help moving and storing their stuff, but she was unable to get that same help because of her visit to the hospital. I remember her poison oak outbreak. Her whole body was swollen and red. I believed her when she said she could have died. She recollected how Governor Schwarzenegger and Mayor Johnson came out to Tent City and she heard the governor promise to formalize and improve conditions out there. Nothing came out of that, obviously. Maybe that’s why Maria left him? Hmmm. Anyway, about a week or two after the visit is when the City and County of Sacramento decide to shut it down.

Carol D. was next on the stand. Her, and most of the previous and subsequent witnesses, tell the court how most of the people maintained neat camps, keeping their garbage picked up. The witnesses went into details about how they handled their garbage and sanitation methods.

Connie Hopson was one of two of the main plaintiff’s, but she was back east, unable to testify in person, so the Judge allowed her deposition to be read by Joan Burke. Connie stayed by Ahern, North B and C Streets, mostly. She also had gotten a ticket while hanging out on Ahern, having to perform community service. Police took her stashed possessions when she had been camping, a different incident, at a location where she and three others had consent from a business owner. Police let her “get what you can” on that incident.

Andrew J. was the next witness. He is disabled and was homeless in 2005, remembering the exact date that police took his possessions while he was living in the “Field of Dreams”, a vacant field on North 10^th Street that is currently fenced in but wasn’t at the time. His parents were both deceased and photos of his parents were among the possessions that were taken. His description, I’m pretty sure, brought a few tears to a few eyes.

Still, future witnesses were waiting outside the courtroom and then went downstairs and outside the building for lunch, brought to witnesses and supporters by Tracie Rice-Bailey and some from Loaves & Fishes volunteers.

L to R: Traci, Sr. Libby, Tracie, Emmanuel and Bibi

The trial resumed after a 1-1/2 hour lunch with Mark Merin asking the Judge to consider allowing a couple depositions to be read since the witnesses couldn’t be found to serve subpoenas. Judge England preferred live witnesses and agree to take up the issue later. By the end of the day he suggested Mr. Trimm site some case law for his objections, and that Cathleen and Mark compile data on the efforts they made towards finding these people, to be submitted on Monday.

Connie Hopson and Greg Bunker were two witnesses that there was no question about allowing to include their depositions. Connie, being across the country, and Greg Bunker having passed away since he gave his deposition. Gary Gallery read Greg Bunker’s deposition. Greg was the Executive Director of Francis House, and had heard an average of up to 10 incidents per month of property confiscation by law enforcement.  Greg did praise Officers Cooper and Zoulas, even though he did not approve of their taking homeless people’s property, and told how Francis House actually gave the officers an award for doing their job with compassion.

Ed Harris was the next witness called to the stand. Ed Harris became involved in Sacramento Homeless Organizing Committee in 1992 and has been involved in SHOC since then. He has visited many encampments. He said that the more hidden camps seemed to be often cleaner and that sanitation usually entails buckets or holes dug. He spoke of a few incidents that he witnessed and had taken photographs of law enforcement sweeps along North B Street, Tent City and Ahern Street.

Steve was a millright that came to California in 2006. He lost his job and housing, lived in his car, lost his vehicle and later lost his storage locker, making it necessary for him to lock his tool boxes together hidden in what he thought was a secure location, having approval of the neighbors. But his possessions were taken and so was his ability to get back to work since his tools of trade were taken. He tried to retrieve his things at the impound lot, but staff was not helpful in finding and returning his things.

Carol C. was up next. She is still homeless. She testified that when she was told to move, she had nowhere else to go and was not planning on moving on two occasions. She wanted to stand up for her rights to be able to stay someplace.

Roland’s incident was on Ahern.  He stays at the Union Gospel Mission and also camps because the Mission only allows people to stay there a short time.

Kendal is a disabled Veteran that served in several military campaigns. He received a Silver Star and a Purple Heart for an injury from shrapnel in his eye. His duffel bag was taken during a sweep when he set his bag down by the bus stop on Ahern Street while he went across the street to eat. It took him two years to replace the medals and the replacements don’t have his name on them like the originals.

After the Jury was excused, conversation resumed about allowing depositions for a few witnesses. The attorneys for the plaintiffs said there are about 6 remaining witness that they will call, a couple of those witness that will be more extensive. There's a chance that all the plaintiff's witnesses will be heard tomorrow and possibly the defendents will be bringing in a witness or two.

I found this day very interesting, getting to know more about homelessness from homeless people. I hope I shared enough with you to give you an idea of the experience.  And going through this whole process, a culmination of several years worth of work and waiting. The Attorneys are AMAZING – Cathleen Williams and Mark Merin, what a great tag team!

Today, the trial was covered by the Sacramento Bee, front page headlines “Homeless Have Day in Court” by Cynthia Hubert. (We shared the top front page with 65 teachers that went  to jail in Sacramento and the Arnold/Maria split-up).

http://www.sacbee.com/2011/05/10/3614595/federal-court-hears-from-homeless.html

(I left off last names of people I didn't know well or if I didn't know if they were shy with media).

Homeless Property Trial Started - Day 1

Court started today, with Judge Morrison England presiding. Mark Merin and Cathleen Williams are the attorneys that are representing the homeless Sacramentans bringing the case against the City of Sacramento for confiscating and destroying homeless people’s property. Connie Hopson and Linda McKinley will bring the case forward representing the homeless class. City Attorney Chance Trimm and Police Officer Mark Zoulas (aka Batman) sat at the defendants desk. The many witnesses had to leave the court room.



Cathleen Williams being interviewed by KCRA

Then the jury was selected pretty quickly. I heard Cathleen say later that the jury was “cool”. So we like the jury. And I noticed that the people I know that go to court often (attorneys, not criminals) would stand up as much for the Jury as they did for the Judge every time they enter or leave the room. What’s with that? I totally approve.

Witnesses, legal team and supporters went outdoors for lunch, sack lunches made by Tracie Rice-Bailey and Loaves & Fishes. Homeless witnesses have special needs, usually, such as transportation, breakfasts, lunches, and other needs that housed people may take for granted. The lunches were extremely necessary and appreciated.

Witnesses and supporters eating lunch outside Federal Building

Judge England read the joint statement about the case. Mark Merin presented opening statements, outlining to the jury what the case is about and a preview of the evidence and testimony that will be presented during the trial. He said that they will show the City not following the 4^th Amendment, that assures people are secure in their possessions and protected from search and seizures, and that possessions should be taken into custody like everyone else’s. Also, he pointed out the 14^th Amendment about due process and equal protection.

The City Attorney’s opening statements, of course, denied the allegations and mentioned that it is against the law to camp or store camping gear anywhere. I took many notes, but don’t feel like going through all that again right now.

After the last break, Cathleen called two witnesses, Marinthian Hunt and Linda McKinley. They both spoke of how long they were homeless, what brought them to become homeless, and their experiences with having their possessions taken and destroyed by the City Police.

This is just the first day of the trial that is expected to continue every Monday, Tuesday and Wednesday for three weeks. Since the witnesses can’t sit in the audience until after they testify, there ended up being plenty of room in the audience. So, you are invited to come visit the trial in progress any time during the day. Bring ID. Its very interesting and I’m getting a great education.

KCRA coverage of today - http://www.kcra.com/news/27827874/detail.html

KCRA interview of Cathleen Williams - http://www.kcra.com/video/27829541/detail.html

Sacramento Bee coverage of today - http://www.sacbee.com/2011/05/09/3613565/jury-picked-in-homeless-camping.html

Well, I was the closest thing to a sketch artist, or even the closest
thing to a camera. No cameras aloud in the Federal Building. PL

Homeless Sacramentans Going to Court

     Court starts May 9. This should be a very interesting court case that I hope to attend on most days.
     This case started in 2009 against the City and County of Sacramento for their habitual confiscation and destruction of homeless people's property, without notifying them beforehand or storing their things for later retrieval. The case was also seeking to do away with the anti-camping ordinance that makes it against the law to camp or to store property on public property (and on private property for more than one day), but the court threw that part of the lawsuit out. It seems like "property" is the big protection our judicial system can offer. The county settled for $200,000 with a promise to notify campers beforehand and to store their possessions for a time.
     The City of Sacramento did not settle during the mediation process, so the case is going to Federal Court. The Law Office of Mark Merin, with Cathleen Williams and Mark Merin as the attorneys. We encourage attendance to show the jury the interest.

Lehr, et al. vs City of Sacramento, et al.
May 9-11, 16-28, 23-25
Federal Court Building
501 - I Street
Court Room 7, 14th Floor
Sacramento, CA


Attorneys Mark Merin and Cathleen Williams