California man faces 13 years in jail for scribbling anti-bank messages in chalk

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Jeff Olson, the 40-year-old man who is being prosecuted for scrawling anti-megabank messages on sidewalks in water-soluble chalk last year now faces a 13-year jail sentence. A judge has barred his attorney from mentioning freedom of speech during trial.

According to the San Diego Reader, which reported on Tuesday that a judge had opted to prevent Olson’s attorney from "mentioning the First Amendment, free speech, free expression, public forum, expressive conduct, or political speech during the trial,” Olson must now stand trial for on 13 counts of vandalism.


In addition to possibly spending years in jail, Olson will also be held liable for fines of up to $13,000 over the anti-big-bank slogans that were left using washable children's chalk on a sidewalk outside of three San Diego, California branches of Bank of America, the massive conglomerate that received $45 billion in interest-free loans from the US government in 2008-2009 in a bid to keep it solvent after bad bets went south.


The Reader reports that Olson’s hearing had gone as poorly as his attorney might have expected, with Judge Howard Shore, who is presiding over the case, granting Deputy City Attorney Paige Hazard's motion to prohibit attorney Tom Tosdal from mentioning the United States' fundamental First Amendment rights.


"The State's Vandalism Statute does not mention First Amendment rights," ruled Judge Shore on Tuesday.


Upon exiting the courtroom Olson seemed to be in disbelief.


"Oh my gosh," he said. "I can't believe this is happening."


Tosdal, who exited the courtroom shortly after his client, seemed equally bewildered.


"I've never heard that before, that a court can prohibit an argument of First Amendment rights," said Tosdal.


Olson, who worked as a former staffer for a US Senator from Washington state, was said to involve himself in political activism in tandem with the growth of the Occupy Wall Street movement.


On October 3, 2011, Olson first appeared outside of a Bank of America branch in San Diego, along with a homemade sign. Eight days later Olson and his partner, Stephen Daniels, during preparations for National Bank Transfer Day, the two were confronted by Darell Freeman, the Vice President of Bank of America’s Global Corporate Security.


A former police officer, Freeman accused Olson and Daniels of “running a business outside of the bank,” evidently in reference to the National Bank Transfer Day activities, which was a consumer activism initiative that sought to promote Americans to switch from commercial banks, like Bank of America, to not-for-profit credit unions.


At the time, Bank of America’s debit card fees were among one of the triggers that led Occupy Wall Street members to promote the transfer day.


"It was just an empty threat," says Olson of Freeman’s accusations. "He was trying to scare me away. To be honest, it did at first. I even called my bank and they said he couldn't do anything like that."


Olson continued to protest outside of Bank of America. In February 2012, he came across a box of chalk at a local pharmacy and decided to begin leaving his mark with written statements.


"I thought it was a perfect way to get my message out there. Much better than handing out leaflets or holding a sign," says Olson.


Over the course of the next six months Olson visited the Bank of America branch a few days per week, leaving behind scribbled slogans such as "Stop big banks" and "Stop Bank Blight.com."


According to Olson, who spoke with local broadcaster KGTV, one Bank of America branch claimed it had cost $6,000 to clean up the chalk writing.


Public records obtained by the Reader show that Freeman continued to pressure members of San Diego’s Gang Unit on behalf of Bank of America until the matter was forwarded to the City Attorney’s office.


On April 15, Deputy City Attorney Paige Hazard contacted Freeman with a response on his persistent queries.


"I wanted to let you know that we will be filing 13 counts of vandalism as a result of the incidents you reported," said Hazard.


Arguments for Olson’s case are set to be heard Wednesday morning, following jury selection.
http://rt.com/usa/california-man-13-prison-banks-237/
 
San Diego jury finds protester not guilty in chalk-vandalism case
http://www.latimes.com/local/lanow/la-me-ln-chalk-verdict-20130701,0,1617754.story
SAN DIEGO -- A jury Monday acquitted a 40-year-old man of all charges connected with writing protest messages in chalk on the sidewalk outside branches of the Bank of America.

The case has exacerbated the already tense relationship between Mayor Bob Filner, who called the case "stupid" and a "waste of money," and City Atty. Jan Goldsmith, who defended it as a legitimate prosecution for graffiti vandalism.

Deliberating for only a few hours, the jury apparently agreed with Filner -- declaring Jeff Olson not guilty on all 13 misdemeanor counts filed by Goldsmith's office.

Olson never denied writing the slogans.

One slogan said, "No thanks, big banks." Another, "Shame on Bank of America." And in yet another, the bank was portrayed as an octopus grabbing at cash with its tentacles.

"It's chalk," Filner told reporters last week in an exasperated tone. "It's water-soluble chalk. They were political slogans."

But courts have held that graffiti remains illegal even if it can be easily washed off, Goldsmith said.

That the Bank of America contacted the city attorney's office to reportedly urge prosecution has become part of the dispute.

"We prosecute vandalism and theft cases regardless of who the perpetrator or victim might be," Goldsmith said. "We don't decide, for example, based upon whether we like or dislike banks. That would be wrong under the law."

Filner's background may be instructive. He was a civil rights activist in the 1960s, a Freedom Rider in the Deep South, arrested and jailed in Mississippi. He is often distrustful of entrenched authority and large corporations.

Earlier this year, Filner criticized the city attorney's prosecution of a pro-seal activist for removing a sign at the Children's Pool beach in La Jolla.

As the chalk case approached trial, Filner sent a memo to Goldsmith calling it "an abuse of power that infringes on [the] 1st Amendment."

At trial, however, Judge Howard Shore said Olson's lawyer could not invoke the 1st Amendment as a defense.

As the dispute flared between the Democratic mayor and Republican city attorney, Shore imposed a gag order on all parties. The mayor, however, would not be gagged.

"This is a nonsense prosecution and I will continue to say that," Filner said Friday.
 
Where did this Filner guy come from out of nowhere?? Wasn't he telling everybody to use jury nullification for a medical marijuana case a couple weeks ago?
 
Where did this Filner guy come from out of nowhere?? Wasn't he telling everybody to use jury nullification for a medical marijuana case a couple weeks ago?

Ya' think he might have a grasp on how evil prosecutors are as a breed?
 
"We prosecute vandalism and theft cases regardless of who the perpetrator or victim might be," Goldsmith said. "We don't decide, for example, based upon whether we like or dislike banks. That would be wrong under the law."

h734AC8FC
 
Deliberating for only a few hours, the jury apparently agreed with Filner -- declaring Jeff Olson not guilty on all 13 misdemeanor counts filed by Goldsmith's office.

wtf? How could deliberation not take less than 5 minutes? How could you even discuss for "a few hours" whether some guy painting sidewalks with chalk should go to jail for up to 13 years?!
 
First amendment? What First amendment? You don't have a first amendment?
What? You're claiming something written 200 years ago by a bunch of terrorists has any relevance on the case?
You're crazy!

This really is one of the biggest jokes ever. I want to go run to my local BoA with some chalk and write "A Guy Almost Got 13 Years For This. Thanks BoA!"
 
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