Jeff Olson, 40, is facing a potential 13-year jail sentence for perhaps the world’s most costly sidewalk art. A former aide to the U.S. Senator from Washington, Olson used water-soluble statements like “Stop big banks,” and “Stop Bank Blight.com” outside Bank of America branches last year to protest the company’s practices. He eventually gave up his protest but prosecutors later brought 13 charges against him. Now a judge has reportedly banned his attorney from “mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial.” It appears someone associated with Bank of American could finally go to jail, but it will not by the bank officials in the financial scandal. It is the guy writing slogans in chalk in the sidewalk.
I have long been critical of the degree to which American judges are now barring parties from making defenses and arguments before juries. These rulings often have an outcome determinative impact on trials. In this case, free speech was the motivation of Olson, but he will reportedly have to defend himself as just a guy who walked up and started drawing in front of this bank.
Olson and his partner had been campaigning to get people to take their money out of the bank. This campaign led to a confrontation with Darell Freeman, vice president of Bank of America’s Global Corporate Security, who reportedly demanded action from local prosecutors. Olson stopped when contacted by the San Diego Gang Unit in 2012.
Yet, the bank insisted the chalk caused $6,000 to clean up, a rather suspicious claim. These were slogans written on the sidewalk. Prosecutors hit him with 13 counts of misdemeanor vandalism charges and $13,000 in restitution to the City and to Bank of America.
Freeman reportedly continued to hound police to bring charges and reports state that on April 15, Deputy City Attorney Paige Hazard contacted Freeman with the good news. “I wanted to let you know that we will be filing 13 counts of vandalism as a result of the incidents you reported.”
Then Superior Court Judge Howard M. Shore entered the case. Shore granted Deputy City Attorney Paige Hazard and law student and city attorney employee William Tanoury. Also accompanying Hazard were two other representatives from the City Attorney’s side.
For Olson, and any free-speech advocates and political activists, the day couldn’t have gone much worse.
Judge Shore granted Hazard’s motion to prohibit Olson’s attorney Tom Tosdal from mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial. Shore ruled that “The State’s Vandalism Statute does not mention First Amendment rights.” Of course, he could simply instructed the jury that it is not a defense but clearly worries about jury nullification.
While the law does not mention the first amendment, should that mean that Olson is barred from testifying on motivation?
There is also the question of the constitutionality of a statute that bars political statements on a sidewalk written in chalk. The greatest question for me however is the overcharging by the prosecutors. I am also surprised that Bank of America (which avoided charges of its own officials in financial scandals) did not reign in its security contractor and state that they do not ask for charges in the case.
Olson will clearly not receive anything near 13 years and may not serve any time in jail. However, this seems like a case of overkill by the prosecution. What do you think?
Source: Reader
She was warned by republicans because someone helped her put on a back brace.
http://entertainment.time.com/2013/06/26/in-texas-filibuster-youtube-stands-up-while-247-news-falls/ We watched it until after midnight. Twelve democrats stood strong cheered on by the gallery.
AY,
I saw that and good on her. Too bad she’s a rare breed in the Lone Star State these days.
That truly was democracy speaking.
Gene,
Last night we had a true Texan speak…. It was Wendy Davis and she stood up for her beliefs…. That is the type of Texan I used to work with in the legislature…. Did it because she thought she was right….
Having lived in Texas, I’m not sure why anyone would think the comparison is flattering unless they’re talking about Austin. I’ve spent a lot of time in Austin. I’ve spent a lot of time in San Diego. San Diego is no Austin. In its defense though, San Diego is no L.A.
BoA just wrote all over itself in indelible chalk. Obviously the stupidity that led them into the banking scandal in the first place has not been erased from their corporate culture and thinking. This is a PR nightmare of their own creation.
Hazard and Shore have, like so many private citizens before them, been talked into investing in BoA. Like those who came before, they will learn the hard way.
The prosecution of Mr. Olson has driven home the point he was originally trying to make … isn’t funny how the big boys never seem to see this until it’s too late?
Citizen’s united redux
It would be glorious to see some large news channel do a special on this and make B of A look like the thugs they are here. If it rose to a big controversy maybe the charges would magically go away.
If it went to trial, a jury nullification would be good an proper.
MikeS, My new message has been quite similar to that. We don’t want people coming to San Diego and turning it into say..Florida, w/ old people just coming there to die and complain. But, comparing it to Texas is inspired, that’s going to be my new line. Thanks!
“But, comparing it to Texas is inspired, that’s going to be my new line. Thanks!”
Great! I thought you’d be flattered by the comparison and your take on Florida is correct, but the housing was cheap.
What a bunch of garbage. So you wonder why it is alleged the damage is $6,000. Here is the reason in my view:
13 Counts to six thousand dollars.
California Penal Code 594- (1) (B)
” (b) (1) If the amount of defacement, damage, or destruction is
four hundred dollars ($400) or more, vandalism is punishable by
imprisonment pursuant to subdivision (h) of Section 1170 or in a
county jail not exceeding one year, or by a fine of not more than ten
thousand dollars ($10,000),”
So 13 x $400 = $5,200 . Then pump it up to the nearest grand above. Pad up the damage to inflate the charge or make the elements of the crime fit. So which came first, the damage assessment or the charging decision?
And Shamu.
San Diego has always been Texas with great weather.
The older men get the more territorial they become.
yes they do. good observation.
I could see some curmudgeonly old guy suing some girls for putting hopscotch blocks on the sidewalk near his house. The older men get the more territorial they become.
Since the sidewalk is public property, I wonder how B of A has any standing. It is also obvious that we are in the wrong business since sidewalk cleaning is a FAR more lucrative practice than even the law or many other more useful occupations. The DA needs to be thrown out next election and the judge needs to be examined for fitness.
Maybe Letterman could start tossing in some judges for his “Stooge of the Night” bit.
Steve Fleisher – Does any thinking person really have any respect left for our government or justice system?
Truth is treason in an empire of lies.