AnonOrange Bail Motion Declaration Exhibits - Angry Gay Pope

72 Pages·2009·3.05 MB·English

COPY

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erate eS occans
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Attomey for Defendemt
Francois Gsorges Choquette

IN THE SUPERIOR COURT OF TUE STATE OF CALIFORNIA
HOR TRE COUNTY OF RIVERSIDE.
(Southerest)

9 cae No Sw UMITEN
PEL PEOPLE OF ‘TUE STATE OF y
CALIORSIA }
Plaintitt, DEFENDANT'S NOTICE OF MOTION
REDRIGHON TO REDECE BALE
RST ENE seRCRaE
Sea eMe ty
sersowe } SeCEARARONS Gr CRAUANT
FRANCOIS GEORGES CHOQUTTTF. BERRY AND FARNCONS CHOQUETTE 1
‘DOB09/14:1956, SUPPORT THEREOF, EXHIBITS
Tato.

Defendant

Trial Date: Oetaher 30, 2009

)ATTE: Seplernher 25, 2000
ME: 9: 4M,

rl

Masi Reds Pa. r|
‘LO THE DISTRICT ATTORNEY OF RIVERSIDE COUNTY:
PLEASE TAKE NOTICE that on Friday the 25th day of September, 2009, at 9:00

AM. ow soon thereat as counsel may be heard in Department $104 of the Itiverside

Superior Cour, South West Division, at 30755 Auld Roud, Murrieta, CA 92563, Defendant
[Fraucois Choquette (rough and by his counsel of record hersin will and hereby dou: (1) mave

is Honorable Coun for a order reducing, vanoeliag and refunding the amoust of bel

retreat in the above-coptiona setion fiom $2,508.00 tp lease upon his own
‘evoghisance again: 2) Recuesr the roeordel bul vielen apd ures be expunged: (3) Suggest
chul the Court dismiss his euize mater on inn motion ann the interests af justice

TIS MOTION wall be msde pursue tothe Bighib Amendment to Ue United States
Consttation wnt Anicle |, § 12 ofthe Califia Coustirtion and upon the grounds, der aa
(1) thst he bail we herein is eveevsive and unnecessary; (2) tha this Court as un inherent
disorction to consol the proceedings Bete it (3) ther inthe cizcmmistanoes the alleged bail
violation and sobsquert arrest should he expunged thom tke ofteial records, and (4) that
Defense counsel “suggests” that it would in he fveret justice thu is Court isis this
eave upom is ove motion.

Mote To Rede Tal 2
1 "THIS MOTION will he based on this notice of motion, or Ure altached dectaration and
acemorancurn o( paints and authorities served and filed herewith, on such reply of supplemental

memorenda of prints and authorities as may hereafler be filed with the cori, all the pers

and records ou file fa this action, and on such oral and documentary evidenes as may be

| presented at the hearing uf the motion.

Dated: September 16.2009

GRAHAME. BERRY

Auomey tor Defendant Francois Chaquette
' ABLE OF CONTENTS

1, MEMORANDUM OF POINTS AND AU SHORITIES.

TL, NTRONUCTION...

6 |] a1 apPricanie eacts. oo 7

TY, ARGUMENT.

A, The January 29, 2009 order setting bail should be revensed,

B E, Anli-scial Scientology policics ure being employed against Defendant. 2
“ F. The had faith herein is shown hy recent conduct in a related case. a

18 | DECLARATION OF GRAILAM E. BERRY.

DECLARATION OF FRANCOIS CHOQUETTE, 54

Matinho Rels Bi
L AUTHORITIES.

7 iar Cinurcit of Scientology, 58 Cal App.36 439, 443 0.1 (1976), 16
; Civisafirson Chav ch of Sctontology, 37 One. App203 QED) eemecrnsere lB
"Tle ay Scenes rmamong. 232 CalApp.U 1060, 1057 (1991 suenesnsnd
4 || dere Christie (2001) 92 Cal_App. al" 1105, 18
7 || dn ve MoSherry (2003) 112 Cal. App. 4" 85 13
. Givay v. Superior Cow (20054 135 Cul. App. 4" 629, oe 15
fener inson (907) 248 Cal App. 24 Supp 915, 91791... lt
tx Ove fer Kata, 846 #24 118,925 15: Cr 1988, onl
sa I an acre Sev 1980)27 Cal 44, 44 3

© ran Seturck ». Church of Solenrofogy, 535 F Supp, 1125, 1131 a4 (USDC. Mass. 1982}.16

Woilersheim v, Church uf Sewentofogy. 212 Cal.App.3d 872, 888-89 (1989). 16
il Penal Code $%

Penal Code $195.
onal Code $245,
Penal Code $262.
Penal Coxe §273.5,

2.2.

onal Code $559,
Penal Code $954.

Penal Cade §554.1

Pensi Code 8602 (1.
Penal Code §602 (mn) (2).
Penal Coste §646.9.

Persal Code $192.7 0)
Penal Cie §1268 (0).
Penal Code §1270 (a),
Penat Code $1270 (3
Penal Code {4270.1 (a).
Penal Code §1271.1,
Penal Code $1275 (3)
onal Cole $1289.

; Penal Code §1318..

Penal Code $1454
TEMA. regulations

Mule Lo Race a

4
14,12,21
MEMORANDUM OF POINTS AND AUTHORITIE:
1 gyfRODUCTION
This is 2 motion ro cancel and refund ve Delendant's ball Werein, and 10 refease the

Defendant upon his ovm recognizance again. This is the Defondinw’s Firs: requent fi such reel

To addicion, the Defeudant requests thatthe rele recaids lating athe alleped breseh of OR,
i
and subsequent arrest be expunged. Finally i ull of the various circumstances herein, Defense

counsel “suggests” to the Cord thal in the interests of justice this case be dismissed suc sponse.

Py

APPL a

“The interauxioaal headquarters of tae taxcxconpt Chureh of Seientokgy i locate on

farroviatly $50 ares fa ot Gant Spring ous oF Hest CaBoi,Aiogh
|iewasquadey asthe Glenn Fm Sse pope se hse ind ly
xpsos] some of Seewolngy win mangas a cep sks Bon te Chae of Spi
Yechuloge the oval owner of Sutton ern) he Rligons Tehnology Cel
bien vm te Scietogytadomas de ser) the Cask Selo
nation (wich marages the ans Slog ner and Bing Manages

Services (wbtich owns mimy af the Seieutology propertis in California fwhich are ultimately

osvned by the Church of Spiritual Tevhnology which is solely controlled by Scientology's
lavalitoan ruler David Miscavige), The accused is une 07 the aver ning hous people eho,
|[stnec fre Famusry 2008, ture bees enpeging in mourhly and och global protests sin.

Scientology cre and abuse in aser 110 cies in aver 42 countries around tbe planet. On a

number ol oveasions she acensed stein has been purl of asmuller yrocp grotestig Scientology

fimeed Tabor, buman tattioxing, violence, unlawful imprivonmenl, freed sbortiors, feral and

‘fale election'voting violations, and other auznan sfplrs abuses at Scicatology’s Gilman Het
Springs compound, Tis high secorly cempaund is com pated hy many former high level
Sciontofogists' a dungeruus pulag where there is a tyranny of violewe and enher abuses,

Outside of the highly scoured, ynurdell and electronically monitored Scientology compound is

about 1. ace ulead unsedjopey Up uti and insling Otcber 26, 2008s
cele peo 13a of nln vant and was mat propery posted wth eter prop |
rer nae o estou “ne uespesing sigs as required apkale law snl Code
56555554554. (a see Poul Code $52.2 es ppb “ohn ws heen scare
an Yon ade § 856), Towever, five ob andar Octba 26,24 Seellogy ered
Ueagnage lndsape and ow Ugh recently submited surey al, sppens 0 5
mpg corm iu upon he we in ooneton ith he vo aespasing” sage tt
ws inpopny lc to propery efron darn th even question on Osabe 26,
2000, Seieaoiogysteranigane eth he her, 7 and oetion fo Wega lane
[ses he teste detass of Minako oF Tas and Minake of Pat her,

in Cether 26,2008 he cud is ro bout Be pple kenge era
cuca hun ighsabve of be Cho Setloy at th Gian Ht Springs
} oeation. Whey were there from about | 1-30 P.M. until about 3-00 1M. The protestors parked
| ner eles beside the os on an nes eyuenty ened pbc psn, hey hen xen
to wal bth sides cf tighay 78 wt te pike signs, Meuse, he Seietlgits tnd
[ic rod side water ike ofr sok wth te: Soin he Seely
tlucd arin pipe erga, ineadede be creel anoying wd uneaaby fou at

[measured 1104115 deeihel trara seven Iuge outdoor concert speakers nots of dizgs at excessive

slesfbel love’

speakers situated up aud down the side of Highway 79,

frorn ge outdoor exnes

‘Nefian To Br
1 jf the Scientologists summoned the Rivesside Sheviis and the California Highway Patrol. The

deputy sherfs speut most of ther eliemogn closeted wita the Yeicatologists upon thir prope
Atome pot Deputy Shits spots with the proteins an rgd them, athe express request of
the Scieutolopst to move their protest down th road to th exact Jeation where the accused
‘slater subjected to an unl ilies arse. senses the adiond aTimative defenses
«imped cansent- estoppel andor enapmen

Ataboul 2-45 P.M, ou Ootober 26, 2008 the protestors decided to cease their pickstand

to leave. As they prepared ta [eave the Riverside Sher¥'s deputies departed the scioorology

tablish that che

Jcomponnd and scene. The evidenve wi sientoleyy securily panics who
12 |fartacked and nrastel the aroused hed been ropeatsdly lurking yraund und belied his pauked

1 |] cehicle thoughout she entire picket, Just after the Riverside Shorifs departed the soene, an 9s

ne accused ws withing wands his ea, one of the hice Scientology security juarés uppeared
sen atthe acoused's curd set arse flare sight behind i despiv county Mare han

1 anaes by de aisoppearace of Svienalngy security guard behind his packed vehile, and
1s | eb burning ore tha wus endangeriog both his ea athe snr dry land aod udjacent mount
Cas auy reasonable person wl be), the aceused ran over In fwestigue shout the grey Honda
*T Aveurd parked about 44 mie down Highway 79, to speak with Scicnralogy security guard Matt
Builer about his messing withthe accusod's car, an around infomation ast why the flare
1 || stand postions dangerously behind the gas tank of the arcused's webs, Tis raises

24 |! he allizcative defense of provocation aud justification, At al times Une aewused reasonably”

% I setieven thos he was on public property bucawse oIThis knowledge of whose the sign was locate
__| ft sas. as oF days previously) Le did not have amy intenifon Wo esuse ypon private property
ay | stl Gor any rosso aL TPit cars ou cha he did make a de minimiyia.usion apo unfenced |

oto Ta Ree Test 9
expropcty poste lanl then he acted accidently without any criminal into ar nogtigence
Penal Cade §195).In udlien, inal wf he eiecurasances the uecusel wa ting a of

ucessiy with justification, While the accused was, of reasonably believed he was, ou public
accoss property the two other Scientology socurty guards drove up in fc hmm Fel ot

shouted “you ars under arest for trespassing” ard, without uiving him reasonable notice that be

as cespassing, aud a scasonable apportunity to leave the location fas mandated by Ponal Code
$on2 €) (0), eeuklessly ackled the aceused to the ground, dangermusly wedged and pressured

their kame ina is Pak wd Nev wise “arcing Bis Tyce and rout iri Me desert sand, causing

His acoused great pain, pani. the fear of suifeoscion anc doath. Acting ceflesively, without

conscious thought or intent. the accused must have bitten the hand that was causing Win s

¥ and tho fos of death, This mises affirmative defenses of justitication/selt- defense

pai. inj
-Evenvunlly, afte the other protestors iatcreaed, tic toe Seionalogy secutiy guacds
released the accused" head aud face frem the desert dirt while they hu Bed him with phage
Pnandeufts and detained hie. pending the return of the Depuly Shere why hal departed the
scene just berbre the brolal uluck, The aveused now hus serious permaansnt injuriss has spent
trop nights in jal and he has spent ahout 86.000 19 date in consequential costs [damnages|
For many days and weeks after tis bxwral and nalaviga atlach upon the uecuved, the
| ivestde suevit’s Department refused to accept a complain or incident repent Form hina ws to
the assault, batery, false Emprisonmten: and other criminal emtdu direc by the Scientology
security g.ards and their superior olfivees at ue uccused herein. Eventually, shor KESQ TV
reporter Nthan Toca fmed Mr. Choquetie tempting to deliver the criminal vomplaiut, a

Riverside Sherif’ detective agrsed to meet with the accused and his atomney’ and accept uw

criminal complaint. However it was not vested as a separate compare but wrongly included

uty Fo eas al 1