[Hpn] Camp Paradise Uses the Necessity Defense in Court

Becky Johnson Becky_Johnson@sbcglobal.net
Wed, 21 Nov 2001 07:32:39 -0800


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November 21, 2001=20


Homeless campers contest tickets

By RACHEL USLAN
Sentinel staff writer=20

SANTA CRUZ - Eight people ticketed in August for sleeping at Camp =
Paradise, the illegal homeless camp along the San Lorenzo River, =
contested their infractions in court Monday and Tuesday.=20

Their cases will be decided by trial commissioner Irwin Joseph Nov. 26.=20

The defendants, along with 30 others, were issued $54 tickets Aug. 3. =
They were cited for violating the law that prohibits camping within city =
limits.=20

A dozen of those ticketed had been sleeping at Camp Paradise, a =
gathering of 35 to 50 campers.=20

In June, police gave campers a July 1 deadline to move. Many didn't, =
saying they had nowhere to go. In August, they were given another =
deadline. If they moved by the end of the month, their tickets would be =
dismissed. Some moved, but eight did not.=20

Monday, Joseph dismissed three of the eight cases for lack of evidence.=20

Tuesday, the other four defendants - Larry Templeton, Kathryn Phillips, =
Jeffery Jeppeson and Randy Sue Winchell - were found to have violated =
the law, and the defense set out to prove the law-breaking was =
necessary.=20

The eighth defendant, Brian Robbins, did not appear, and a warrant was =
issued for his arrest.=20

To prove necessity, Sanford and Matthew Williamson, who is representing =
Templeton, must meet several terms, including proof their clients were =
in an economic emergency and that no legal alternatives to sleeping at =
the camp existed.=20

Assistant City Attorney Jennifer Pousho said "it is not my burden to =
show that evidence.=20

"The defense has to prove it. I don't think they did."=20

Although the trial is about the tickets, larger issues about =
homelessness were front and center in the arguments.=20

"This case is about the criminalization of poverty," Sanford told the =
court.=20

Contact Rachel Uslan at ruslan@santa-cruz.com =
<mailto:ruslan@santa-cruz.com?subject=3DHomeless campers contest tickets =
>.=20


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<P>November 21, 2001 <BR></P></FONT><B><FONT size=3D5>
<P>Homeless campers contest tickets</P></FONT><FONT size=3D2>
<P>By RACHEL USLAN<BR></B>Sentinel staff writer </P>
<P>SANTA CRUZ &#8212; Eight people ticketed in August for sleeping at =
Camp Paradise,=20
the illegal homeless camp along the San Lorenzo River, contested their=20
infractions in court Monday and Tuesday. </P>
<P>Their cases will be decided by trial commissioner Irwin Joseph Nov. =
26. </P>
<P>The defendants, along with 30 others, were issued $54 tickets Aug. 3. =
They=20
were cited for violating the law that prohibits camping within city =
limits. </P>
<P>A dozen of those ticketed had been sleeping at Camp Paradise, a =
gathering of=20
35 to 50 campers. </P>
<P>In June, police gave campers a July 1 deadline to move. Many =
didn&#8217;t, saying=20
they had nowhere to go. In August, they were given another deadline. If =
they=20
moved by the end of the month, their tickets would be dismissed. Some =
moved, but=20
eight did not. </P>
<P>Monday, Joseph dismissed three of the eight cases for lack of =
evidence. </P>
<P>Tuesday, the other four defendants &#8212; Larry Templeton, Kathryn =
Phillips,=20
Jeffery Jeppeson and Randy Sue Winchell &#8212; were found to have =
violated the law,=20
and the defense set out to prove the law-breaking was necessary. </P>
<P>The eighth defendant, Brian Robbins, did not appear, and a warrant =
was issued=20
for his arrest. </P>
<P>To prove necessity, Sanford and Matthew Williamson, who is =
representing=20
Templeton, must meet several terms, including proof their clients were =
in an=20
economic emergency and that no legal alternatives to sleeping at the =
camp=20
existed. </P>
<P>Assistant City Attorney Jennifer Pousho said "it is not my burden to =
show=20
that evidence. </P>
<P>"The defense has to prove it. I don&#8217;t think they did." </P>
<P>Although the trial is about the tickets, larger issues about =
homelessness=20
were front and center in the arguments. </P>
<P>"This case is about the criminalization of poverty," Sanford told the =
court.=20
</P><I>
<P>Contact Rachel Uslan at </FONT><U><FONT color=3D#0000ff=20
size=3D2>ruslan@santa-cruz.com =
&lt;mailto:ruslan@santa-cruz.com?subject=3DHomeless=20
campers contest tickets &gt;</U></FONT><FONT size=3D2>. =
</P></I></FONT><FONT=20
face=3D"Times New Roman" size=3D2></DIR></FONT></DIV></BODY></HTML>

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