Some of you may remember me being a wet blanket to Doug Porter’s request for ideas on how to get arrested for free speech. I very school marm-ily suggested it constituted conspiracy, a felony in California. Be careful and don’t run with scissors.
Then about a week later, several members of Occupy San Diego disrupted the Mayor’s State of the City Address. They did so with the now familiar “Sound Check!” and their follow-up chorus until they were arrested for an anti-free speech law at council meetings and…..conspiracy. And along with the misdemeanor disruption charges, they were charged with felony conspiracy charges as well. Chicken shit, yes…but arrested and charged with a felony nonetheless. [Editor: DA Dumanis has decided not to charge them with felonies and has kicked their case back to the City Attorney.]
Well today, groggily over coffee I read about a Deputy DA and a Cop who conspired to destroy a traffic ticket. A Court Summons! A Court Document! A complete circumvention of the judicial process by those very people who are tasked with “protecting” us. A nose thumbing at those of us who are preyed upon daily at their discretion. Those who have sworn to uphold the constitution and wield authority in an even handed way….deep breath….
So I was a little more than surprised when I read, they had been charged only with misdemeanors, including the conspiracy charge.
The state Attorney General’s Office has filed misdemeanor charges against a deputy district attorney and a San Diego police sergeant accused in an alleged ticket-fixing incident last year, according to a complaint filed Friday.
Allison Worden, also referred to in the documents as Allison Debow, and Sgt. Kevin Friedman each face charges of conspiracy to obstruct justice, and two counts of alteration or destruction of a traffic citation. (from the SD Union-Tribune; Cop, prosecutor charged in ticket-fixing, 1/30/12). (emphasis added)
You see, the penalties for conspiracy, as provided by the California Penal Code, create what is called a “wobbler.” That means in some cases, in the discretion of the arresting and prosecuting agency, the charge can be charged as misdemeanor instead of a felony.
Perhaps you can see where I am going with this…if not, here it is.
In San Diego, should I engage in constitutionally protected activities, such as free speech, and I do so in a forum or manner which upsets the government, I risk getting the proverbial book thrown at me, including a felony count of conspiracy. If, however, I am a member of the government, sworn to uphold the constitution and I engage in an activity which weakens the public trust of the judicial system and I conspire while doing so, it just a misdemeanor…the difference of a slap on the wrist and a full-on beat down.
Pissed? I am. So here’s what we can do gang. And you can even call this a conspiracy. Below, you will find the web address of the San Diego District Attorney’s Office, San Diego Mayor’s Office, and California State Attorney General’s Office.
Call, write, or e-mail Bonnie and Jerry and demand they suspend Ms. Worden aka Debow, and Sgt Friedman, respectively and respectfully, without pay pending the outcome of the litigation in their matters…after all folks, it’s a felony most of the time….
Then call, write and e-mail the AG’s office demanding she re-evaluate the case and charge Worden aka Debow, and Friedman with felony conspiracy, just because it would demonstrate a bit of equal protection for the rest of us who don’t know when to keep our mouths shut.
If you do, please report back what happened when you contacted them…it will least make a good follow-up piece…
San Diego Mayor’s Office
Well those are my thoughts…