HOUSTON FORCES TICKET PAYMENTS BY REPETITIVE TRIAL SETTINGS : Houston Indymedia

Over two years ago on May 6, 2007, Nick Cooper was assisting the homeless under the Pierce Elevated in downtown Houston by photographing Unconstitutional police harassment. see photos

When Nick left the Pierce Elevated area by car Nick was given a citation by the same harassing HPD officers for driving the wrong way down a one way. Nick’s single traffic charge carries a punishment that cannot exceed $200.00 and no jail time is possible.

Nick pled not guilty and appeared in Houston Municipal Court Number 11 at 1400 Lubbock on October 15, 2007, for trial at 8:00 am and had to stay until after 1:30 pm before the Judge said no trial today and Nick’s trial was reset to April 14th, 2008. Nick again appeared in Court on April 14th, 2008, for the reset trial date at 8:00 am and had to stay until after 1:30 before the Judge said Nick’s trial was again reset to October 13, 2008.

Nick again appeared for his trial at the October 13, 2008, trial setting at 8:00 am. This time Nick explained to the Judge that the burden was too high to get a trial on his ticket. The plea fell on deaf ears and the Judge again reset the trial for June 1, 2009, at 8:00 am. Now Nick’s main witness, a homeless fellow named Ken, no longer is reachable by the cellular number that Ken gave Nick.

Civil rights lawyer Randall Kallinen said, “It is violation of defendants’ right to trial when they must spend so many days in court on a traffic ticket just to get to trial. How can defendants and witnesses be expected to show up for trial on so many occasions only to be reset for another day ? Presiding Judge Mejia needs to start thinking of Houston citizens’ rights and not city revenue.”

Nick is not alone and Court 11 is not the worst. Court Number 6 has six defendants on trial docket for June 1, 2009, who are each charged with a single traffic violation and have appeared at trial settings for longer than Nick--four since 2006. June 1, 2009, trial docket

Doing the math means hundreds of defendants trial rights are violated each year by Court 6 alone.

Judge Timberlake in Court 1 and Judge Casanova in Court 2, however, have no cases over two years old where the defendant has not failed to appear.

"If Timberlake and Casanova can do it. Why can't the others." said traffic attorney Paul Kubosh.

A press conference will be held with Nick Cooper and his lawyers, Randall Kalllinen and Paul Kubosh, in front of the Houston Municipal Court building at 1400 Lubbock at 7:45 am, June 1, 2009.

Above is the photo (showing the obstructed one way sign) that failed to convince the jury today that I was not guilty.

I continue to believe the ticket was a punishment for photographing the police. Here are the original photos of the cops waking up sleeping homeless people. The night of the incident, the cops ran my plates and waited ten minutes for me to get back in my car. As I left the alley, the police instructed me to turn right. When I did, they wrote a ticket for going the wrong way on a one way street.

A jury of six found me guilty of turning the wrong way on a one way street and assessed a fine of $100. Ch. 13 covered the trial here, and Houston Press Blogs here. My lawyer's other arguments -- that the police officer had instructed me to turn the wrong way, and that he changed his recollections about the one-way sign several times -- apparently also didn't score a reasonable doubt.

I had contacted the media to bring attention to the bigger issues here - the enforcement of the "civility ordinance" to move homeless people off public sidewalks, police retaliation for people taking photos, and making people who want trials come back to court over and over.

I will follow up with information about my next steps if any when I get a chance to talk to my lawyers, who so far have only charged me $60 for years of court dates and a trial. Thanks to all who supported me in this struggle.

With the many causes in your world and banners you choose to fly and defend, this may not be the 'bone of contention' that calls for corporate media attention. The story about traffic court continuances is a rebound for offenders who played the same game hoping to get their ticketing officer to 'no show' so that they could plead not guilty and the city/county would not have recourse. Not that you weren't in the right, or had no choice but to turn against the traffic sign or directly disobey the police, but that THIS is the battle you are choosing to fight. Bigger issues are on your plate and deserve the time and energy you are putting into this one. IMHO, Melissa Cherry

I have been unconvicted and have another trial coming up

I doubt that Nick has dropped any of the myriad issues against which he fights or causes he upholds. If this case encourages officers to be more open and helpful rather than guarded and unfair in their encounters with citizens, thenit certainly deserves attention.

I understand your situation Nick. I too have been in a long fight with the COH. It got to the point where the city inspector swore out an afidavit that he saw me working on my own property and when I got him on the stand in "basement court" he admitted that he did not see me at all and only passed my property a day before court. Can you say Perjury...? I was found GUILTY by the clueless jury.

Right now we are preparring to leave Houston because it is only going to get worse. All those years of Bush dumbing down America have paid off in the apathy of the citizens to stand up and say "NO" to city fleecing to fill the failing budget. Now we have more city employees running for mayor to continue the cycle.

I lived here in this city for over 30 years and I have loved this city for even longer but now just like a failed love affair we must part.

Houston I bid thee adieu.....

The municiple courts have become nothing more that a revenue stream for the government that uses beauracracy as a weapon.

What always amazes me is that people actually want the government to take over more of their lives. Yes, our healthcare system is a mess, but you'd really want the government to take it over so it can be used as a weapon of repression?

And if you actually believe Bush is responsible for government running roughshot over us citizens, you are a brainwashed moron.

The problem isn't that we don't have enough government; the problem is that we have too much. And who keeps expanding the power of the government? BOTH PARTIES.

Keep believing that the threat comes from corporations and rich people while the truely powerful keep taking away your freedoms and choices while pretending to look out for you.

Go ahead and fall for the politicians who echo healthcare is a right as they take it over. Next, it will be food is a right, and they'll take that over. Then when Nick goes out and photographs the abuses of government, not only will he be sitting in traffic court, but he'll be waiting in line to fill out paperwork so he can start receiving food again. "Sorry sir, but we never received your IFB-49 form. You'll need to go to the petition the nutrition board if you want to start receiving groceries again. They are backlogged by 90 days."

Once the government controls your health, your food, your job, your transportation and your communication, how effective of a dissenter will you be when your sick, hungry, broke, starnded and unable to contact anyone?

The post office isn't any slower than fed ex, and it's a lot cheaper. Medicare isn't any more miserable than private health insurance. I don't feel like Nick would have been treated better by free market cops and courts if such things existed.