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| Occupy Orlando cases head to court; ALERT: Occupy The Comments Section | |
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| Tweet Topic Started: Dec 16 2011, 02:23 AM (69 Views) | |
| vicky99 | Dec 16 2011, 02:23 AM Post #1 |
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Occupy Protester
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ALERT: OCCUPY THE COMMENTS SECTION (THERE ARE 52 COMMENTS - ADD SOME MORE!) (Click Link To View Comments) By Anthony Colarossi, Orlando Sentinel 11:22 a.m. EST, December 15, 2011 Occupy Orlando participants arrested for trespassing and other charges are starting to file motions to have their cases dismissed in Orange County Court. Roger Weeden, one of several defense attorneys handling the roughly 40 Occupy Orlando cases making their way through the court system, filed a motion in court today to dismiss a criminal trespass charge against his client Michael Altfield. Altfield, like many others, was charged with criminal trespass at Senator Beth Johnson Park on South Ivanhoe Boulevard West. Occupy Orlando protesters have camped out there for about two months. Weeden's motion argues that Altfield has a "constitutionally protected liberty interest to be in a city park" and that his due process rights were violated. The motion says Altfield's trespass warning "was given without recourse for the defendant to challenge this deprivation of his protected liberty interest in violation of the due process clause of the 14th Amendment." Failing to provide Altfield an opportunity to challenge his trespass warning other than through arrest and criminal prosecution "is a substantial denial of procedural due process warranting a dismissal of the charges in this cause," the motion says. Orange County Judge W. Michael Miller set a Feb. 20 trial date in the Artfield case, but Weeden expects he will have a hearing on the motion to dismiss before that date. Weeden also had another trespassing case in which he filed a motion to dismiss. If the Altfield case goes to trial, Weeden told Miller it will likely be a two-day trial because of the many witnesses observing and videos capturing the episode. Meanwhile, other Occupy Orlando cases are spread out among other county judges. "Every trespass after warning case will have these motions filed," Weeden said. Those cases represent about two-thirds of the total arrests on charges stemming from the Occupy Orlando activities. Other charges include resisting with and without violence. Weeden said in the trespassing cases, the defendants are charged with the state statute rather than the city ordinance, which means they face a harsher maximum penalty of one year in jail versus 60 days. He says the count with the lesser penalty should have been charged. His motion also cites a case out of St. Petersburg in which a federal court in Atlanta held "people have a liberty interest in being in a city park," Weeden said after today's brief hearing. "So if the city is going to keep citizens out of their park, they have to have procedural due process, which means a cop just can't come in there and arrest people and say, 'You've got to get out of the park,' without some kind of hearing." Earlier this week, an Occupy Orlando protester was taken down by an Orlando police officer after he reportedly ignored the officer's orders and fled. Louis Levite was charged with resisting arrest without violence and was given a jaywalking citation by two officers patrolling Senator Beth Johnson Park Source: http://www.orlandosentinel.com/news/local/os-occupy-orlando-hearing-trespass-20111215,0,1609820.story |
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8:16 PM Jul 11