FC: Judge dismisses 290 red light camera tickets in San Diego

From: Declan McCullagh (declanat_private)
Date: Wed Sep 05 2001 - 05:28:45 PDT

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    SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO
    In re: Red Light Camera Cases   CASE NO. 579275D
    ORDER EXCLUDING EVIDENCE
    
    Plaintiff, The People of the State of Califomia, V.John Allen, et al., 
    Defendants.
    
    The prosecution's arguments have not persuaded the Court to change its 
    ruling. The prosecution relies on People v. Adams (1976)59 Cal.App.3d 559 
    and the cases following it for the proposition that failure to follow the 
    statute only goes to the weight of the evidence and not to its 
    inadmissibility. As pointed out in People v. Williams (2001) 89 Cal.App.4th 
    85 at 100,
    
    Adams and its progeny were crafted to address anomalies or occasional 
    errors and innocent lapses in law enforcement. They were not meant to 
    provide a means for peace officers and their agencies to ignore clear, 
    easy-to-apply statutory law and administrative rules, for any reason, 
    including budget or personnel constraints.
    
    In this case, the failure of the city to operate the system as required by 
    the legislature, combined with the contingent fee paid to Lockheed Martin 
    goes far beyond Adams or any of the cases which follow Adams. The Court 
    sees no difference between a contingent fee to a private corporation and a 
    contingent fee paid to an individual.
    
    Therefore, the Court's ruling will stand. The evidence from the red light 
    cameras will not be admitted.
    
    IT IS SO ORDERED.
    DATED; September 4, 2001
    Ronald L. Styn
    Judge of the Superior Court
    
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    From: "Jack Dean" <JackDeanat_private>
    To: "Declan McCullagh" <declanat_private>
    Subject: Judge dismisses 290 red-light camera tickets
    Date: Tue, 4 Sep 2001 18:49:37 -0700
    
    http://www.uniontrib.com/news/metro/20010904-1522-crime-camera.html
    
    San Diego Union-Tribune
    September 4, 2001
    
    Judge dismisses 290 red-light camera tickets
    
    By Len Novarro
    REUTERS
    
    SAN DIEGO - A San Diego judge Tuesday threw out 290 traffic tickets issued
    to motorists by the city's controversial red light camera system, placing
    the privately operated program in jeopardy along with its millions of
    dollars in revenue.
    
    San Diego Superior Court Judge Ronald Styn, ruling in a case that has been
    closely watched on both sides of a growing debate over the new technology,
    said that a contingency fee paid to the private operator of the city's
    system, Lockheed Martin IMS, made the evidence unreliable.
    
    "The evidence from the red light cameras will not be admitted," Judge Ronald
    Styn said in reaffirming his Aug. 15 opinion in a class-action lawsuit
    against Lockheed Martin. Styn's ruling came after he heard arguments from
    attorneys representing the motorists and by Deputy City Attorney Steven
    Hansen, who said he was considering an appeal.
    
    "I'm pretty adamant," Hansen said. "The judge's decision was incorrect. The
    judge said that there was no problem with the camera's system. The only
    problem ... was that a private company was operating it."
    
    [...]
    
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    From: "Jack Dean" <JackDeanat_private>
    To: "Declan McCullagh" <declanat_private>
    Subject: San Diego's red-light cameras ruled illegal
    Date: Tue, 4 Sep 2001 17:38:47 -0700
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    http://www.rogerhedgecock.com/flash_page/flashfaxes/current.shtml
    
    TUESDAY SEPTEMBER 4TH, 2001
    NEWSRADIO AM 600 KOGO (3P-6P) SAN DIEGO, CALIFORNIA HOME OF THE RADIO MAYOR
    OF SOUTHERN CALIFORNIA
    
    ROGER'S RED LIGHT CAMERA LAWYERS.WIN!!
    (judge rules Scamera citations illegal..cannot be evidence)
    ROGER so hyped when he hears the ruling this morning that he's already
    planning a party. Likely Thursday at ROGER'S On Fifth. Judge Ron Styn rules
    to reaffirm his previous decision that the conspiracy between the city of
    San Diego and Lockheed Martin is illegal, thus any evidence produced by the
    illegal scheme cannot be submitted in court against innocent
    drivers/extortion victims.
    
    IMMEDIATE RESULT
    is that the 290 (or is it 400) cases involved in this specific matter are
    dismissed. The secondary result is that we'll want ALL OTHER extortion cases
    dismissed.even if folks paid up without a trial. We're talking every single
    dime refunded to every single victim nabbed by a San Diego Scamera. Then we'
    re on to getting driving records returned to clean status..no points,
    marks..REMOVED. And then we want insurance companies to rebate any premium
    hikes associated with an illegal Scamera conviction. And if folks were
    forced to go to a traffic school.we want the city and/or Lockheed to rebate
    that fee as well. How all this is gonna happen will be fodder for discussion
    on ROGER'S radio show in the days to come.
    
    ANOTHER RESULT OF JUDGES RULING
    today is that communities all over America will have to re-look at their in
    progress or proposed Scamera projects. We're not legal but we guess that
    this ruling has no validity in a D.C. or Carolina court, but any judge worth
    salt has to consider San Diego as the cesspool of this criminal conspiracy
    and measure cases against our now proclaimed and validated miscarriage of
    justice.
    
    ROGER VOWED
    in May of 2000 that he'd shut down the Scameras in San Diego. Not only has
    that happened, but we're well on our way to ensuring that they never return
    as entrapment, revenue scheming, extortion, entrapment gadgets.
    
    THIS VICTORY IS SWEET
    .listen up on the radio today as ROGER thanks those who made it happen.but
    know beforehand that he is likely to give supreme credit to all those
    thousands of men and women who said "hell No," and took their cases to
    court. Took time from work, were abused too often by the court system,
    demanded justice and many who paid more than the price of the Scamera ticket
    to fight against the City/Lockheed conspiracy. This morning's verdict
    belongs not only to ROGER'S Red Light Lawyers, but also to the 290 (or is it
    400) victims who stood up, demonstrated backbone and raised their swords
    against the windmill. We hope they'll join us on Thursday to rejoice!!
    
    AND BEAR IN MIND
    that this battle resumes on several fronts.Our class action lawsuit a work
    in progress. The newly filed federal RICO suit of last Thursday is just
    aborning. We'll need to keep at least one good eye on that "Independent"
    city audit of the entire Scamera fiasco. Steve Peace legislation in
    Sacramento will need our support (and beefing up.Dems are watering down
    Senator Peace's bill and it may not make it to full floor votes this
    session).Oh, and note please from yesterdays post on ROGER'S News, that the
    city of Oxnard, (home to the bogus and too much quoted Red Light Scameras
    are for safety insurance study) is now re-thinking its Scamera program,
    based on the illegal criminal conspiracy perpetrated in San Diego. That
    should stop Chief David and others from spouting Oxnard Report nonsense.
    (wonder if we can use David's handcuffs on him? Do Chiefs have
    handcuffs?..humm)
    
    ***********
    
    
    
    
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