Mule Citations and Court Cases – Page 3

Why I Am Helping John Sears Appeal His Case Pro Bono

By Dan Kapelovitz

I was walking by the United States District Court in downtown Los Angeles, when I saw two mules standing on the courthouse steps.

I had to investigate what this was all about.

It turned out that the federal government was prosecuting a man for disobeying a “lawful order of a government employee” and for “camping outside designated areas” of a National Park. In other words, John Sears and these two mules had been walking all day and needed rest. Mr. Sears found a resting place with no one else around and fell asleep. He had no notice that doing so was against the law, or that he was even in a federal park. When the park rangers woke him and ordered him to leave, he refused because traveling through the darkness would have been unsafe.

I further learned that, at that very moment, this man was defending himself at trial against these federal charges. I desperately wanted to watch this trial, but I needed to be at a hearing in another courtroom across town.

Instead, I gave my business card to one of the kind people watching the mules, and explained that I would be happy to provide free legal services to Mr. Sears if he ever needed my assistance.

I had just recently had my own dealings with the “Environmental Crimes Unit.” I defended a man accused of the federal offense of walking a dog without a leash in a National Park. In that case, I was fighting against the same Assistant U.S. Attorney who was prosecuting Mr. Sears and against the same park rangers who had arrested him. So I had a pretty good idea what Mr. Sears was up against.

In the dog-leash case, my client was convicted and given a suspended sentence of two days in jail, a case I am currently appealing based on various violations of my client’s constitutional rights. I had a feeling that the government was similarly violating Mr. Sears’s fundamental rights

I figured that I would never hear from Mr. Sears, but a couple of months later, I received a call informing me that he had just been arrested again, this time by Ventura County law enforcement. I agreed to help, but, as it turned out, Mr. Sears didn’t need any help because the case was almost immediately dismissed.

Soon after, Mr. Sears himself called me. After we spoke about his federal case, I told him that if he wished to appeal his convictions, I would be happy to represent him pro bono.

Instead of treating the Mules as criminals, the federal government should be hailing them as modern day examples of how to use and relate to our national parks. I found the Mules and the way they must live on this earth to be the embodiment of the American Spirit moving freely with the natural flowing energy of this earth. All he wants is to be free – free to roam the great, yet ever-shrinking, American outdoors. In its response to our appellant brief, the government wrote, “Allowing individuals to camp wherever they wish would create a free-for-all on public land” as if this were a bad thing. But freedom for all is what we are fighting for, and freedom is what Mr. Sears’s journey represents.

Daniel I. Kapelovitz
7119 W. Sunset Boulevard #999
West Hollywood, CA 90046
mobile: (323) 839-6227
e-mail: Dan@LegalServicesDivision.com

*Little Girl and Lady in front of United States District Courthouse in Pasaden*a [Photo by Danny Roth]

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San Clemente citation

Synopsis: On January 22, 2015 at 4am, the Mules were woken up by San Clemente police officer who told us that we could not sleeping in this vacant lot . He asked us when we would be leaving. We said we would leave when it was light and he said okay and left. About 8:30am, we continued our journey south on the El Camino Real when Little Girl started to show a light lameness in her front foot. As we continued, her limp became pronounced. To prevent further injury, we stopped at another vacant lot to inspect her foot, which was quite sensitive. We knew that we needed to seek help with someone with a horse trailer to bring her to an equine vet to get checked. Took the pack off the mules and started making phone calls, leaving messages to people I knew to seek help. None of our contacts were able to arrive that day (January 22) with a trailer.

About 9pm, San Clemente police officer arrived. We explained our circumstances as to why we were there and could not physically move due to Little Girl’s injury. The officer called animal control and we waited for quite a while before animal control showed up. Animal control officer took a very quick look at a distance, had Little Girl walk a few steps on soft dirt, and made a comment that Little Girl did not look lame to her, and then left. At that point the police officer decided to issue the citation based on her opinion.

The next day, friends arrived with a trailer to pick us up to bring us to San Juan Capistrano. We could not meet the vet immediately and rested Little Girl while we waited for our appointment on January 26. On January 26, San Juan Capistrano equine veterinarian Dr. Mark Secor gave Little Girl an exam, including x-rays. Dr. Secor wrote in his examination report: “Exam: mild LF lameness noted at walk, certain steps – tight circle to left more exaggerated, mild high lateral hoof well, mild ups DP’s, les palpates WNL. Moderate sensitivity to hoof testers… Suspect cause of lameness – resolving abscess.”

The Monk followed the instructions on the citation, submitted a check by the payment deadline and requested to contest citation via mail (submitting our letter and vet expert diagnosis with payment) instead of having an Administrative Hearing in person which would require mules to walk back to San Clemente. The Mules made several phone calls to request in regards to an appeal while we were nearby and was told that they were backlogged in processing citations. On March 2, we received a certified letter that stated “THIS IS THE SECOND HEARING DATE – IT CANNOT BE RESCHEDULE”. The Mules never received a letter informing us about a date for a first hearing. Also, we sent Dr. Secor’s exam as evidence that Little Girl was lame. Hearing is scheduled for March 25. We cannot walk back to San Clemente due to our distance.

The Mules find it unreasonable for San Clemente to cite us and retain our $100 citation fee as we had a valid reason for why we could not PHYSICALLY leave town by walking due to Little Girl’s lameness in her foot. We were waiting for friends to come with a horse trailer to pick us up, which wasn’t available to arrive until the next day. We submitted written letter of appeal with veterinarian diagnosis confirming Little Girl’s lameness due to abscess in hoof. San Clemente rejected our written request for appeal and is requiring us to appear in person back in San Clemente on Wednesday, March 25, 2015 even though we have indicated that we will not be able to walk back due to our distance. As well, after explaining how we live in our initial letter to San Clemente, it is unreasonable for the city to wait more than two months for an administrative hearing date when we called to inquire multiple times while we were within walking distance to appeal. San Clemente has not yet responded to our letter.

This is our letter that we sent with our $100 and request to appeal the citation via mail instead of in person. We included Dr. Secor’s diagnosis with this letter.

This says this is the second notice, but this is the first Notice of Administrative Hearing that we received.

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San Luis Obispo 647(e) citation

UPDATE: Charges dismissed by the court on January 27, 2015.
____________

The Mules and the 647(e) citation given to us by the San Luis Obispo Police Department we on. It has never been off. The citation was served to the Mules (us) on May 29, 2014. The District Attorney gave the police department the authority to file the case directly to the court using 853.6(B)2.

The court date was set by the police department not the District Attorney. That court date was August 14, 2014. On 6/9/14, we wrote the judge a letter requesting a postponement of our court date 8/14/2014 to 12/1/2014.

On July 8, 2014, our request was granted to December 11, 2014. On July 10, 2014, the District Attorney sent us (the Mules) a letter informing us we did not need to appear for the August 14 ,2014 court date making no mention that the August 14, 2014 court date had been changed to December 11, 2014.

The July 10 letter also stated: if at a latter date our office does decide to file criminal charges with respect to this incident, you will receive a letter informing you of a new court date Gerald T Shea, D.A.

This letter was never received prior to the December 11, 2014 court date consequently we never appeared for the December 11, 2014 court date.

On December 16, 2014, a letter was sent to the Mules from the court informing us a warrant for our arrest had been issued. Bail set $2000. We contacted the court. The court withdrew the warrant due to the confusion brought on by the July 10, 2014 letter sent to us by the District Attorney.

We have been sent two separate letters informing us of our new court date. One says January 29, 2015, the other says February 19, 2015.

Note: We the Mules sent the Honorable Judge Crawford who will be hearing this case a letter on January 11, 2015 requesting a postponement of our case to December 2015.

The Mules are in their later years when we sent the letter of January 11 ,2015. We were over 200 miles away to turn and get to San Luis Obispo now would be a burden they do not deserve.

The Mules.

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The San Luis Obispo Megatropolis vs the Mules

On May 29, 2014, we were issued a citation by San Luis Obispo Police Department for illegal lodging 647(e) penal code. We were to appear in court for arraignment on August 14, 2014.

We requested a postponement to December 11, 2014. It was granted. On July 10th, the Mules received a notification from the District Attorney that charges would not be filed at this time. Therefore, it would not be necessary to appear in court on August 14, 2014.

Due to the confusion between the D.A. and court regarding court dates, we did not appear on December 11, 2014 for arraignment. A warrant for our arrest was issued. We contacted the court to clear the warrant. The warrant was reminded and a new court date February 19, 2015 was issued.

The Megatropolis concerted efforts to prevent the Mules from moving freely in this country using the 647(e) penal code and similar ordinances and codes is very much alive as this case demonstrates. The Megatropolis operates on controlled and contained energy be it human, animal, wind, sun. Any motion it must contain and control before it can satisfy its insatiable appetite for it.

The Mules operate on and are connected to an infinite source of free-flowing energy. For the Megatropolis to get access to this infinite source of energy of which the Mules have made on ages old alliance it must contain and control the Mules. Of course if this happens, it is a bullet to our heads. We know this so we will resist this all day every day one step at a time.

The Mules

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Thousand Oaks Arrest

November 12, 2014: Arrested by Thousand Oaks Police
This evening the Mules were resting in an open field in Thousand Oaks when a deputy told us we could not camp here. We told him that we were not camping, just staying the night. Since we would not move, I was arrested and jailed, and the mules were sent to Animal Services in Agoura Hills.

November 13, 2014: Released
Released from jail at no cost. The mules were released from animal services after paying $514 fee.

November 19, 2014: Ventura County Police encounter
About 4pm, while grazing on a vacant lot, we were approached by Ventura City Police, who told us that they knew who we were, and if we stopped within city limits to sleep, it would be considered illegal camping, in which we would be arrested and the mules would be impounded. We moved from this location and were not cited. We are in Ventura as we have a hearing for the Thousand Oaks citation at Superior Court of Ventura County in the morning.

November 20, 2014: Superior Court of Ventura County hearing
The Mules appeared at Superior Court of Ventura County charged with committing an infraction by violating Thousand Oaks Municipal Code Section 5-8.08(c): Unlawful Camping, a misdemeanor (criminal offense). This was reduced to an infraction Thousand Oaks Municipal Code Section 1-2.0I and is considered to be a PUBLIC NUISANCE. The fines were waived by the judge. The Mules walking all day peacefully, carrying and spreading the energy of reverence and respect for this beautiful earth and all its inhabitants have now been officially categorized by the Megatropolis as a PUBLIC NUISANCE. The automobile, the Megatropolis’ most valued tool, however, kills and maims hundreds of thousands every year. Killing children walking and riding their bicycles gets by. Nothing is said, no charges. The automobile will certainly never be called a PUBLIC NUISANCE.

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U.S. District Court trial results

November 6, 2014: U.S. District Court trial results
At the trial today at U.S. District Courthouse in Los Angeles, we were charged with 1) not obeying an order of a federal employee; and 2) camping in an undesignated area on national park land, Santa Monica Mountains National Recreational Area. We pleaded not guilty. We were found guilty on both charges with no imposed penalties or fines, but were assessed a $35 court fee.

11/6/2014 Trial Transcripts (click to read):

020315-Trail-Transcript-Los-Angeles_USA-v-John-Sears_110614_14cr667.pdf Download

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Going to Court

Mules getting some rest enjoying themselves in the background the United States Court House where they will go to on the morning of November 6, 2014 to answer the charge levied upon them by the National Park Service of illegal camping (stopping to sleep for the night).

Do we have a lawyer, a well prepared case? No.

What we have is the energy of this place of one human being and his or her animal companions wandering this beautiful plant through history going back thousands of years. The Mules will bring this energy to and into the courthouse. This energy and our connection to it is truly our defense. It is our wealth. It is the reason we live one step at a time, all day, every day.

The Mules

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U.S. District Court Arraignment

On July 16 2014, the Mules attended arraignment at United States District Court in Los Angeles for the three citations received on May 9, 2014 while spending the night on land under jurisdiction of the Santa Monica Mountains National Recreation Area. A “not guilty” plea was entered and trial date is set for November 6, 2014 at which time the Mules will return to Los Angeles. Below are the documents that were handed to us in court.

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San Luis Obispo Citation

Mule was cited on May 29, 2014, in San Luis Obispo, California under Penal Code 647 (e).

Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.

The Mules delivered a handwritten letter to the court requesting an extension of the court hearing until December so that they could migrate north for the summer and return during cooler weather.

On July 8, the Mules were given an extension for court arraignment to Dec.11.

On July 10, the Mules received a notification from the Office of the District Attorneys that charges would not be filed at this time.

On January 15, 2015, Superior Court Judge signed a court order to officially dismiss this case.

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Santa Monica Mountains National Recreation Area citation and arrest

On May 9, 2014 about 6pm, we were looking for a place to stop as we had been walking all day. We came across this open area. We went into it. There weren’t any locked gates or signs forbidding us to go into it, so we did. I removed the gear from the mules, turned one loose and put one on a picket line attached to a tree.

I fixed my dinner and switched the mules, brought one in, put one out and went to sleep for the night. We were awoken about 10pm with flashlights shining on us. National Park rangers announced who they were and wanted to know what we were doing there.

We told them that we were walking all day, stopped for the night and would be leaving in the morning. They checked with their supervisors who responded no deal. You have to leave.

We said that it’s 10:00 at night, we aren’t interested in packing up and walking in the dark. We are on national park land. This is public property and belongs to the people of the United States. We believe that we have the right to stay here for the night to rest and will be gone in the morning.

The supervisors back at the station said that we had to leave or be taken to jail. So I was taken to the Alhambra City Jail and the mules were taken to the Ventura animal shelter. I entered the jail around 12:00 at night. I was put in a large cell by myself. I went to sleep. I woke up around 6am and started walking back and forth in my cell for 6-7 hours at which time lunch came in and I ate it. Then I went to sleep again.

I was asleep for about an hour when a jailer came in and said get your stuff, you’re leaving. So I got my stuff and walked out to the corridor and the park rangers were waiting. They took me back to the animal shelter where my belongings and the mules were waiting.

I packed the mules up and we left there sometime after dark and we were on our way.

So, in summary, we were arrested by National Park Police by Thousand Oaks for merely stopping to rest for the night on public land that belongs to the people of the United States in an area that wasn’t manicured. It was an open field that we could do no harm.

Location where we had stopped to rest for the night in Thousand Oaks in Ventura County. Google Earth link: http://maps.google.com/maps?f=q&hl=en&geocode=&q=34.15584,-118.96217&ll=34.15584,-118.96217&ie=UTF8&z=12&om=1