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).