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Click to open the web-version of the report.: http://copswiki.org/Occupy/OccupySanDiegoEmailBlast2012Feb17?cover=print
2012-02-17 --
HIGHLIGHTS:
17 Feb 2012 - Fri
- (8a-9:30a) "A Better San Diego" presents a breakfast and panel discussion at Ufcw Hall Mission Valley to learn about the foreclosure crisis and discuss solutions. Breakfast is provided for a suggested donation of $5. Please RSVP to abettersandiego@unionyes.org. Panelists include: David Lagstein, Alliance of Californians for Community Empowerment (ACCE), And Corinne Wilson, Center for Policy Initiatives (CPI). Facebook event page
- (4p) Finance Committee meets at the Activist Center.
- (5p) Feminist Friday teach-in at Freedom Plaza.
- (5:30p) Wellness Committee
- (6p) Resources Committee
- (5:30p) Events Committee
Read more below...
NEWS
California Democratic Convention
San Onofre Nuclear Generating Station (SONGS)
- The last rally at the San Onofre plant had 15,000 people attend. This is shaping up to be a very big event.
- Details: M 11 San Onofre Protest And Rally -- but campground does not allow camping, only day use at the time of the event.
Media
2012 Feb 17
- Darrell Issa says: Women should be seen but not heard. Capitol Hills latest megalomaniac is on a roll. Not content with trampling the First Amendment in Freedom Plaza and Mc Pherson Square Darrell Issa now turns his attention on women’s bodies; and not in a healthy way. Using his chairmanship of the House Oversight committee as a weapon of mass disenfranchisement Issa has aimed his latest inquisition at trying to halt women’s coverage of birth control care in employer health plans.
- Darrell Issa Compares His All-Male Anti-Contraception Panel To Martin Luther King House Oversight Committee Chairman Darrell Issa (R-CA) has been catching flack for holding a panel today relating to women’s access to birth control that featured zero women, but Issa won’t let the fact that few Americans agree with his position deter him. Taking to Twitter this evening, he fired back with a always-appropriate Martin Luther King Jr. comparison:
- Citizens United Part II: Montana Supreme Court Collides With U.S. Supreme Court The fate of Montana's century-old ban on corporate political spending is now in the hands of the U.S. Supreme Court, setting up a possible sequel to the hotly contested Citizens United decision handed down two years ago.
In 2010, a five-member majority of the U.S. Supreme Court declared that corporations' independent spending in elections does not corrupt -- or even appear to corrupt -- the political process. On Wednesday, Montana Attorney General Steve Bullock submitted a brief to the Court with facts that suggest otherwise as he urged the justices to uphold his state's ban on corporate political spending.
- Jimmy Carter casts Occupy movement as successful Former President Jimmy Carter said on Wednesday that Occupy organizers have created a "relatively successful" movement because they focused national discussion on wealth disparity despite lacking leadership and a unifying set of goals.
- With camps gone, Occupiers prepare for new fights CEDAR FALLS, Iowa (Reuters) - Their encampments are largely gone, but the U.S. Occupy movement is far from dead, with organizers focused on a next wave of protest. In Iowa, a major farming state, Occupy activists are mobilizing with other groups against agricultural biotechnology firm, Monsanto. In Oklahoma, Occupy plans to target retail giant Walmart for protests. Groups in more than 50 cities are planning a national protest day February 29, targeting numerous corporations.
- "Corporate Persons" to Greet Romney in Cleveland The “candidates” will be costumed members of the Cleveland branch of Move To Amend, a national group lobbying to end corporate personhood. The group says it is “sponsoring the ridiculous public spoof to dramatize the ridiculous notion that corporations, legal creations of government, possess Bill of Rights and other inalienable constitutional rights meant solely for human beings.” It’s targeting Romney for his statement last summer at the Iowa State Fair that “corporations are people, my friend.”
UPCOMING EVENTS
Unless noted, all events are at
Freedom Plaza (AKA
Civic Center Plaza, 1200 3rd Ave. San Diego, Intersection of 3rd Ave. and B St.)
Unless otherwise noted, we meet daily as follows:
- 4 pm -- Finance Committee Meeting now at at The Activist Center, Mon. thru Friday
- Each committee should send a representative to this meeting! Budget is currently being defined.
- 5:30 pm -- Committee meetings -- Each will schedule the days of their meetings.
- 7pm -- General Assembly (Civic Center Plaza)
- Saturday GA will be at 2pm.
- GAs require 20 participants for a quorum.
- Committee/Working-Group members: Please update any changes or additions as desired to osd-feedback (at) citizensoversight (dot) org. Also Facilitation maintains a website at http://osdfacilitation.wordpress.com/.
. But mark your calendars now for these!
NEXT 7 DAYS
- (This list is automatically generated from the topic Occupy.Occupy San Diego Events). Scroll down the topic almost to the bottom or look at the Calendar for more events, not within the next 7 days.
17 Feb 2012 - Fri
- (8a-9:30a) "A Better San Diego" presents a breakfast and panel discussion at Ufcw Hall Mission Valley to learn about the foreclosure crisis and discuss solutions. Breakfast is provided for a suggested donation of $5. Please RSVP to abettersandiego@unionyes.org. Panelists include: David Lagstein, Alliance of Californians for Community Empowerment (ACCE), And Corinne Wilson, Center for Policy Initiatives (CPI). Facebook event page
- (4p) Finance Committee meets at the Activist Center.
- (5p) Feminist Friday teach-in at Freedom Plaza.
- (5:30p) Wellness Committee
- (6p) Resources Committee
- (5:30p) Events Committee
18 Feb 2012 - Sat
- 2012 - (6p-10p) JUST FOR RAUL FUNDRAISER! OSD Labor Solidarity Committee presents a Benefit Concert for Raul Carranza, who has muscular dystrophy and requires 24/7 nursing care, but was denied assistance by the state’s program director even though a judge ruled he was eligible, at Centro Cultural De La Raza. Program Includes Joshua Napier, People's Revolutionary Choir, and Women Occupella! Please let the Occupy San Diego Labor Solidarity Committee know if you would like to contribute or perform =) Invite friends and family, All are Welcome!! $5 donation suggested for: FOOD, DRINKS, ARTISTS. We will also be having a RAFFLE! "I want to thank you from the bottom of my heart for wanting to help me in my struggle. Any and all donations are welcome. All money raised through this event will be used to cover my medical bills or possible legal fees from trying to overturn Medi-Cal's decision to cut my funding. Thank you for caring,Raul Carranza".
- (12p-2p) OccupYRCorner in Clairemont - Stand w/Signs and handout info at Balboa & Genessee FB Event
- (10a-12p) Sick Call by Wellness Group at Freedom Plaza followed by Committee Meeting
- (2p) GA Meeting at Freedom Plaza.
- (after GA) Media working group
- (1p-4p) Occupy Encinitas - 1 PM rally at the corner of Encinitas Blvd. and Coast Highway 101 followed by general assembly at 2:30 PM at Cottonwood Creek Park, corner of Encinitas Blvd. and Vulcan Ave. (GA meets at Leucadia Pizzeria if raining) More info: Facebook or Website
- (5:30p) Events Committee
19 Feb 2012 - Sun
- (7:30p -1a) San Diego Occu-Party Benefit Concert #3 with Liquid Blue, the Women’s Occupella Chorus, Skavolutionary Orchestra, The Barnwell Shift, Fabio Alejandro from "B Side Players" & Marauak, spoken word artists Jerrica Escoto and Deacon Blair, and guest speakers Stephanie Jennings of Women Occupy San Diego, and Mike Garcia at the Soda Bar at 3615 El Cajon Boulevard in SD. Admission $5. Please help spread the word on this fundraiser.
- (5:30p) Events Committee
20 Feb 2012 - Mon
22 Feb 2012 - Wed
- (5p) Committee focused on direct actions in the county will meet at Childrens Park.
- (6p) Media Committee meeting at Childrens Park
- (2p) Occupy San Diego City College meets Wednesdays at Gorton Quad
23 Feb 2012 - Thu
24 Feb 2012 - Fri
- (9:30a) Jury trial of Benjamin Gasper continues, who despite our state's law allowing for medical marijuana cultivation for personal use, has been targeted by San Diego's District Attorney Bonnie Dumanis. This trial will be indicative of how Dumanis and those under her operate and bend the law to interpret simple cultivation to automatically infer cultivation for sales. The trial is being held at dept. 50, fourth floor, San Diego Superior Court, 220 West Broadway. More info at the Facebook event page at Benjamin Gasper - Jury Trial. Opening arguments will likely start early next week when supporters of Ben are encouraged to attend.
- (12p-1:30p) Justice for Janitors (J4J) rally and march, to address income inequality and lack of health care benefits for janitors, begins at 8th and B Streets. Unfortunately, San Diego County janitors have the lowest pay and benefits in the entire State of CA. (Not an OSD event) More info see Facebook event page
- (5p) Protest in solidarity with Palestinian detainee Khader Adnan who has been snatched from his home, and has been on a 65-day hunger strike in an Israeli prison. He has had no trial and has not been given a reason to be detained. At Federal Building, 880 Front St.
LOOKING AHEAD
Wednesday, 2012-02-29
- 29 Feb 2012 - (9a- 12p, 1:30p-4:30p) The Jury trial of Brother Hex continues at dept. 15 on the 2nd floor of the San Diego Superior Court. Supporters of Hex are encouraged to attend. Today defense attorney Laura Sheppard plans on making a motion for dismissal. Should the motion not be granted, defense evidence will take up most/all of today, and maybe into Thursday. Should you have any questions call Mitchell Sterling at 619-808-2199.
- 29 Feb 2012 - F29 - Shut Down the Corporations -- (OSD will be participating) Occupy Portland calls for a national day of non-violent civil disobedience targeting corporations who are members of ALEC, one of the most successful mechanisms that the 1% uses to control legislation. We are asking people around the country to choose members of ALEC in their home towns and SHUT DOWN BUSINESS AS USUAL - Occupy Riverside is having an action at the largest WalMart distribution center in the country at 4155 Wineville Ave, Mira Loma, CA 91752 (thanks, Chris M). Chris McKay will be driving up there with a full carload of pessengers; If you're also driving up and can offer rides, or would like a ride from someone else who is driving up, conact Chris at 619-241-6826. There will be a bus leaving from Fullerton at 4:30 AM as well…ask Chris for details. Riverside FB event page Occupy Riverside page
- 29 Feb 2012 - (6p-8p - please try to arrive 15 min. early) Occupying San Diego County: Celebrations and Mournings Workshop will be held at the Peace Resource Center. No charge, bring food to share if you would like. Please RSVP to raffi_1970@yahoo.com. More info: Facebook event page
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http://copswiki.org/Occupy/OccupySanDiegoEmailBlast2012Feb17 <== click here to see the rest of the report.
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TAKE ACTION
Things YOU can do right now to help.
Have comments you want sent out? Send it to
osd-feedback@citizensoversight.org.
Good to know! http://www.constitution.org/uslaw/defunlaw.htm
Your Right of Defense Against Unlawful Arrest
“Citizens may resist unlawful arrest to the point of taking an arresting officer's life if necessary.” Plummer v. State, 136 Ind. 306. This premise was upheld by the Supreme Court of the United States in the case: John Bad Elk v. U.S., 177 U.S. 529. The Court stated: “Where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no right. What may be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.”
“An arrest made with a defective warrant, or one issued without affidavit, or one that fails to allege a crime is within jurisdiction, and one who is being arrested, may resist arrest and break away. lf the arresting officer is killed by one who is so resisting, the killing will be no more than an involuntary manslaughter.” Housh v. People, 75 111. 491; reaffirmed and quoted in State v. Leach, 7 Conn. 452; State v. Gleason, 32 Kan. 245; Ballard v. State, 43 Ohio 349; State v Rousseau, 241 P. 2d 447; State v. Spaulding, 34 Minn. 3621.
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind. 1.
“These principles apply as well to an officer attempting to make an arrest, who abuses his authority and transcends the bounds thereof by the use of unnecessary force and violence, as they do to a private individual who unlawfully uses such force and violence.” Jones v. State, 26 Tex. App. I; Beaverts v. State, 4 Tex. App. 1 75; Skidmore v. State, 43 Tex. 93, 903.
“An illegal arrest is an assault and battery. The person so attempted to be restrained of his liberty has the same right to use force in defending himself as he would in repelling any other assault and battery.” (State v. Robinson, 145 ME. 77, 72 ATL. 260).
“Each person has the right to resist an unlawful arrest. In such a case, the person attempting the arrest stands in the position of a wrongdoer and may be resisted by the use of force, as in self- defense.” (State v. Mobley, 240 N.C. 476, 83 S.E. 2d 100).
“One may come to the aid of another being unlawfully arrested, just as he may where one is being assaulted, molested, raped or kidnapped. Thus it is not an offense to liberate one from the unlawful custody of an officer, even though he may have submitted to such custody, without resistance.” (Adams v. State, 121 Ga. 16, 48 S.E. 910).
“Story affirmed the right of self-defense by persons held illegally. In his own writings, he had admitted that ‘a situation could arise in which the checks-and-balances principle ceased to work and the various branches of government concurred in a gross usurpation.’ There would be no usual remedy by changing the law or passing an amendment to the Constitution, should the oppressed party be a minority. Story concluded, ‘If there be any remedy at all ... it is a remedy never provided for by human institutions.’ That was the ‘ultimate right of all human beings in extreme cases to resist oppression, and to apply force against ruinous injustice.’” (From Mutiny on the Amistad by Howard Jones, Oxford University Press, 1987, an account of the reading of the decision in the case by Justice Joseph Story of the Supreme Court.)
As for grounds for arrest: “The carrying of arms in a quiet, peaceable, and orderly manner, concealed on or about the person, is not a breach of the peace. Nor does such an act of itself, lead to a breach of the peace.” (Wharton’s Criminal and Civil Procedure, 12th Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)
ANNOUNCEMENTS
See
All Occupy San Diego Announcements to read all previous announcements about
- Where we meet, how to recover confiscated property from the San Diego Police Department, information for people were arrested, etc.
LEGAL
POLICE COMPLAINTS
- OSD speaks at the Citizens Review Board of Police Practices on 1/24
Have you been mistreated by the Police? Have your First Amendment rights been violated? Have you been arrested for nothing, only to have the charges "unfiled" but held over your head for up to a year?
- First read this document: http://www.2momslaw.com/police_misconduct.pdf
- Make a Complaint: How to Make a Police Complaint
- Use this form: Complaint Form
- Forms also available in the lobby of City Hall.
- Citizen's Review Board member says we do NOT need names & badge numbers. File the complaint & it's up to SDPD to determine who the officer was (But it is better if we have them, of course).
- ALSO: By telephone or in writing to
- SDPD Internal Affairs Unit, 1401 Broadway, MS 709, San Diego CA 92101, (619) 531-2801
- Complaints made to the Citizens Review Board do not necessarily make it into the officers' personnel files
- Read this: Making Police Compliants That Stick
- Also, consider making a CLAIM against the city for your BOND money if charges were never filed. They have 45 days to reject the claim, then you file a lawsuit. It costs $400 to file unless you can claim low income.
Call for Witnesses:
Two occupiers are facing trial for criminal charges stemming from arrests at the Port Shut-down on December 12. Attorneys for Curtis Williams (aka Hex) and Bobby Uribe are looking for defense witnesses to dispute officer testimony and any photo or video footage of the arrests. If you witnessed Curtis's arrest, please contact attorney Laura Sheppard at
lrsheppardlaw@gmail.com. If you witnessed Bobby's arrest, please contact attorney Adriane Bracciale at
criminalandtrafficdefense@gmail.com.
- Making Police Compliants That Stick -- Important info from Adriane of NLG
- Anyone with information about arrests... Please, we need to continue to compile a complete list.
- IF YOU HAVE BEEN ARRESTED, DETAINED, OR CITED... Please complete the form here: Occupy Legal Info Request and email to raylutz@citizensoversight.org.
- If you can help compile the database from incoming emails, please let me know. It just takes a person who can carefully enter the data in to a web-based form.
- Arrests At Balboa Theater 2012 Jan 11 -- This topic created to track arrests and progress fighting felony arrests at Balboa Theater
- Two items relevant to OSD mission were placed on the agenda of the City of San Diego Rules Committee. This committee is yet another example of a "do-nothing" committee because they hardly even treated the proposals as serious.
- TELL POLICE HOW THEY ARE DOING: Police host monthly meetings in the community to get feedback from community members.
- Legal is asking: If you were at the South gate on the day of The Port Shut Down 12/12 and witnessed any of the arrests and are willing to testify...please contact HiAndrea on FB or haz_el_eyes@yahoo.com -- Tammy.
Lutz suing Civic Center Plaza building owners and operators Project Details
- More on this project... Including collected media, documents, photos, videos, etc.
- This is a VERY IMPORTANT project because we will directly engage wall street firms who own and operate the Civic Center Plaza office building.
Legal Resources
- The National Lawyers Guild resources to protesters who have been arrested 619-500-4486 occupylegalsd@gmail.com
- 1st Circuit Rules Public Has Right to Videotape Police
- What to say to cops if you're busted. What you say and do can hurt you in court -- This is what I advise my clients to say when confronted by a law enforcement officer: "Officer, please understand I refuse to talk with you until I consult with my attorney. I also refuse to consent to any search of these premises or any other premises under my control, or in which I have a possessory, proprietary, or privacy interest, including my car, my body, or effects. I hereby demand to immediately be allowed the reasonable opportunity to obtain the advice of my attorney by telephone. from: http://layon.net/busted.php
- To check if someone is in jail check this website: http://apps.sdsheriff.net/wij/wij.aspx
- It usually takes about 6 hours for someone who has been arrested to pop up here. This site will tell you their charges, bail, etc. Jail's number is (619) 615-2700. The jail won't tell you much if anything that is not on the website. Please check this website before saying someone is in or out of jail to avoid confusion.
- FYI -- Penal Code 849.5. In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.
LINKS AND REFERENCES
Links to sites/pages below that are no longer actively updated:
CLOSING NOTES
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NOTICE TO MEDIA / DISCLAIMER
Occupy San Diego is comprised of many people
with diverse opinions. This email does not provide
the official position of Occupy San Diego, but is
compiled for the use of supporters and occupiers
by a number of volunteers.
News Media that may subscribe to this email blast
should confirm all information from other sources.
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THANK YOU FOR BEING INVOLVED.
Edited by Email Blast Team:
- Ray Lutz (Editor)
- Josephine P. (Media / Facebook)
- Jason Packman (Education Events)
- Chris West (Events)
- Benjamin Cossel (Photographs)
- Occupy San Diego project page in "Common" web: Occupy San Diego
- New Occupy Project (new web): Occupy Web -- we will be migrating to this new web.