THIS IS PART II OF "ARRESTED ARTISTRY", IN WHICH STAFF WRITER KEN MOSHESH DOCUMENTS HIS EXPERIENCES WITH THE BERKELEY POLICE DEPARTMENTS' ENFORCEMENT OF LODGING LAWS AGAINST HOMELESS PEOPLE.
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by Ken Moshesh “YOU PEOPLE SHOULD SLEEP OVER AT THE CHURCH.” THIS WAS ONE OF THE UNSOLICITED COMMENTS MADE BY THE ARRESTING UC BERKELEY OFFICER DURING THE CONTESTED OCTOBER 27 LODGING WARRANT INCIDENT COVERED IN “ARRESTED ARTISTRY”. |
ON JANUARY 18, 2001, AT 23:55PM, I RECEIVED A NOTICE TO APPEAR FROM THE CITY OF BERKELEY POLICE (CITATION 223655) FOR ALLEGEDLY SLEEPING OUTSIDE ON THE PORCH OF AN ABANDONED, BOARDED UP STRUCTURE ALLEGEDLY OWNED BY THE FIRST PRESBYTERIAN CHURCH.
DURING THE EARLY PART OF THE WEEK OF FEBRUARY 5-11 I WAS TOLD UPON MY INQUIRY AT THE BERKELEY CRIMINAL DEPARTMENT ON MARTIN LUTHER KING JR. WAY, ”THERE ARE NO CHARGES FILED”, AND I WOULD HAVE TO COME BACK TO THE CRIMINAL DEPARTMENT ON FEBRUARY I4 “TO SEE IF ANY CHARGES WERE FILED.”
ON FEBRUARY 6, AT 11:00AM, MY LATEST VIDEO “PRIMAL URBAN SPIRIT PULSATING” WAS AIRED ON BERKELEY COMMUNITY MEDIA CHANNEL 25 AND AGAIN ON FEBRUARY 10 AT 11:30AM.
“PRIMAL URBAN SPIRIT PULSATING” GRAPHICALLY DEALS WITH, AMONG OTHER HOMELESS ISSUES, THE INEQUITIES SURROUNDING THE OCTOBER 27th "ARREST" FIASCO INCLUDING THE CONFISCATION OF MY BOOK ON HOMELESSNESS “COBBLESTONING QUICKSAND MAZES.”
ON FEBRUARY 14, PERSONNEL AT THE BERKELEY CRIMINAL DEPARTMENT REITERATED THEIR ASSERTION THAT NO CHARGES ARE ON RECORD AS BEING FILED.
I RESPOND BY EXPLAINING THE LETTER THAT I WAS GIVEN BY THE SAME BERKELEY CRIMINAL DEPARTMENT PRIOR TO THE OCTOBER 27TH INCIDENT INDICATING THE ABSENCE OF NO CHARGES AND HENCE NO COURT AVAILABLE DATE TO SHOW TO POLICE PERSONNEL UNTIL I COULD BE GIVEN A COURT DATE.
HOWEVER, I WAS THEN PICKED UP ON A WARRANT DATED TWICE (THE DAY BEFORE AND THE DAY OF THE OCT. 27TH 7:30 AM "ARREST" INCIDENT) THAT I RECEIVED AFTER I SPENT FIVE DAYS IN JAIL BEFORE THE ”END OF THE MONTH” WHEN I WAS TOLD TO RETURN BY THE BERKELEY CRIMINAL DEPARTMENT TO BE GIVEN A COURT DATE.
THE PERSONNEL AT THE CRIMINAL DEPARTMENT REPEAT THE NO CHARGES FINDING, BUT ADD, IF THAT’S NOT GOOD ENOUGH FOR ME, CHECK WITH THE DISTRICT ATTORNEY’S OFFICE.
ACROSS THE HALL AT THE DA’S OFFICE NOT ONLY AM I TOLD THAT CHARGES ARE FILED, BUT I AM DUE UPSTAIRS IN COURT (201) IN ABOUT 45 MINUTES.
AFTER SITTING IN COURT LISTENING TO COURT PROCEDURES AND BENCH WARRANTS BEING ISSUED FOR THOSE WHO WEREN’T ( OR WEREN’T SUPPOSED TO BE) THERE, MY NAME WAS CALLED, AND I AM PRESENTED WITH THE OFFICIAL CHARGES:
NO. 165844 [AKA ANOTHER HOMELESS VICTIM]
HAD I AGAIN BELIEVED WHAT I WAS OFFICIALLY TOLD BY BERKELEY CRIMINAL DEPARTMENT PERSONNEL ABOUT “NO CHARGES YET” AND LEFT THE BUILDING INSTEAD OF INQUIRING FURTHER I WOULD HAVE AGAIN BEEN WRONGLY, ADMINISTRATIVELY?, (DECEITFULLY?) SUBJECTED TO WARRANT PROCEDURES!
A PETITION FOR REVOCATION OF PROBATION(THAT CAME FROM THE OCT. 27 SET UP) THAT ESSENTIALLY ASSERTS THAT” I DID NOT OBEY ALL LAWS OF THE COMMUNITY AND BE OF GOOD CONDUCT” BECAUSE HOMELESS ME GOT A CITATION FOR ALLEGED LODGING IN THE CITY OF BERKELEY WHERE THERE ARE INSUFFICIENT FACILITIES FOR THE HOMELESS TO GO INSIDE EVERY GIVEN NIGHT.
THE JUDGE SUGGESTED THAT IF I PROMISED NOT TO GO BACK THERE AGAIN, THE PROBATION WOULD BE RESTORED. I THOUGHT TO MY SELF , “YEAH, BUT IF I DON’T SLEEP OUTSIDE THERE, I’LL BE SLEEPING OUTSIDE SOMEWHERE ELSE. THEN THE SAME SCENARIO COULD CONTINUE TO OCCUR UNTIL BACK TO JAIL.
BESIDES WHY SHOULD I HAVE TO CONTINUE TO JUSTIFY MY FREEDOM SIMPLY BECAUSE I SLEEP OUTSIDE AT NIGHT. AM I BEING CRIMINALIZED FOR MY HOMELESSNESS WHEN THERE IS NO WHERE INSIDE TO GO, DECENT OR NOT? (SLEEPING OUTSIDE WHILE HOMELESS?)
IS IT ALSO BECAUSE I AM OUTSPOKEN IN WORDS, ACTION, AND MEDIA ABOUT THIS PARADOXICAL SITUATION IN THIS LAND OF PROMISE AND PLENTY?
DID HOMELESSNESS ALSO STRIP ME OF MY FREEDOM OF EXPRESSION ALONG WITH MY OTHER CIVIL RIGHTS?
THE NEXT COURT DATE THAT I REQUESTED SO THAT I COULD SECURE LEGAL COUNCIL IS SET FOR 2/21 AT 2PM DEPT. 201, BERKELEY SUPERIOR COURT.
AT THE 2/21 COURT DATE, AFTER CONSULTING WITH ATTORNEY OSHA NEUMANN AND THE PUBLIC DEFENDERS OFFICE WE ASK FOR PERMISSION TO FILE A DEMURRER TO THE PETITION TO REVOKE MY PROBATION.
THE DEMURRER ESSENTIALLY QUESTIONS THE CONSTITUTIONALITY OF THE NATURE AND THE APPLICATION OF THE LODGING LAW RATHER THAT THE QUESTION OF MY GUILT OR INNOCENCE.
THE JUDGE RESPONDS BY ASKING THE PUBLIC DEFENDER TO RESEARCH WHETHER OUR PRESENTATION IS PERMISSIBLE , AND SETS A NEW COURT DATE FOR MARCH 7 AT 9:30 AM IN BERKELEY SUPERIOR COURT 201 TO CONSIDER THE MATTER.
...MEANWHILE THE COLD, WINDY RAIN CONTINUES TO ALSO POUR OUTSIDE AT NIGHT...AND THE PUDDLES GROW LARGER...
KEN’S VIDEO, “ENDANGERING THE SPECIES”, WILL AIR SATURDAY, MARCH 3 AT 2:30 PM ON CH.25 BTV IN BERKELEY AND AGAIN ON SUNDAY, MARCH 4 AT 10:30 PM.HIS NEXT COURT APPEARANCE IS MARCH 7 AT 9:30AM IN DEPT. 201.