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.)