Tag Archives: Eric Brandt

Oath-sticklers take the US Constitution literally


DENVER, COLORADO- These guys have been complaining about corrupt local officials and trying every which way to bring them to justice, even the people’s own. Now the state is throwing the book at the accusers. The eight are in jail, unable to post bond, and getting no attention from the press except derision. They’re being labeled “Paper Terrorists” but no one’s explaining what they were doing, certainly not trying to enrich themselves. What kind of “criminal enterprise” is not for profit?

Here’s the front page of their indictment:

I am being prevented from defending myself in Denver Municipal Court

What I filed today in Denver Municipal Court, as my jury trial is about to begin…
 
DEFENDANT’S ASSERTIONS, NOTICES, OBJECTIONS AND SUPPLEMENTAL RECORD
The Defendant, Eric Patrick Brandt – sui juris and pro se, having been ordered silenced by the judge from making any record of objections, arguments, or any other statement in retaliation for challenging the validity of the judges authority and needing to ensure sufficient record of defendant’s concerns and objections, do hereby enter into the record numerous documents anticipated will be essential should he need to appeal a conviction following trial.

Broadly, the Defendant broadly alleges the judicial bias is so intense that a fair trial is not just unlikely but in fact unintended. He has been treated to conditions and rulings uniquely applied where quick and inexpensive convictions with immediate long jail sentencing is the justice the City desires above the Defendant’s rights.

Besides vindictive actions of police, prosecution and the judge, the Defendant continues to suffer from counsel that is unresponsive, unzealous, and ineffective. The entire situation is a stream of apathy, incompetence, corruption and conspiracy bearing no resemblance to the liberty and justice of a free people protected by constitution.

This is, sadly, a concerted effort to silence a prominent, harsh, and very tenacious critic of government abuses against the people. The Defendant objects to the entire proceedings of the cases listed above and preserves for appellate review any issue, currently known or unknown, which might exist or be thought to exist whether raised specifically during the proceedings or not. The Defendant expressly preserves for appellate review the issues raised in this supplemental record.

[The 2015 Protest]
This case is one of about a dozen cases brought against this defendant and others stemming from a group of activists two-month long non-stop 24/7 protest against police brutality, unjust prosecutions and ordinances and practices abusive to the homeless as well as advocating for jury nullification and human rights. This action was in direct response to the felony arrests of the defendant and one Mark Iannicelli alleging the distribution of jury nullification literature constituted jury tampering which resulted in a federal civil rights lawsuit and the issuance by the federal court of an injunction barring Denver Police from arresting those who would share jury nullification messages and a finding that the courthouse plaza was a traditional free speech zone 24/7.

Denver Police responded in massive forces immediately within hours the first day activists returned to the plaza confiscating materials and property and issuing arrests for practically anything BUT jury nullification.

During the next 56 days, the City evolved ever novel tactics clearly attempting to drive the activists away from the courthouse. Responses with militarized riot police numbering sometimes near 100 regularly stormed the group any hour of the day or night.

[Arrests]
There were arrests for Obstructing Public Passageways for the existence of small tents, carts, and various other personal property and property was booked into evidence, taken for storage, or immediately discarded as trash almost every day.

DPD conspired with the City Attorney’s office and Public Works, at a minimum, first attempting to criminalize activists having any property, claiming obstruction of a public passage. Immediately the police misapplied codes regarding ENCUMBRANCES and issued almost daily unlawful orders, making arrests for failure to obey those unlawful orders. Specifically, the City asserted a criminal consequence under color of a complex civil question expressly under the authority of Public Works; Denver Police in fact have no authority regarding encumbrances.

The City Attorney’s office ordered signs be erected asserting 49-246 D.R.M.C. criminally applied to any thing what so ever on the plaza. This unlawfully legislated policy by the judicial and executive bodies defied the separation of powers and the activists defied their unlawful policy despite repeated arrests for nearly 30 days.

Then the City Attorney’s Office called Public Works and ordered 36 signs to be erected at various city building plazas instituting an overnight curfew subject to arrest for trespassing which was successful, immediately forcing the activists to move across the street at night instantly quashing the effectiveness of the activists speech to almost nothing; the group could not recover from this curfew action and dwindled over three weeks until the Police delivered a fatal blow confiscating everything the activists owned during a cold rain storm.

Again circumventing the safeguards of the separation of powers, the very entities being most directly impacted by the activists message – the city attorneys for unjust prosecutions and jury nullification and the police for abuses, beatings, killings, and other misconduct – took deliberate actions and conspired to establish a city-wide curfew policy without the approval of the legislative body, lacking any significant and legitimate government interest, and in direct retaliation for protected speech with the intent and indeed result of silencing that voice.

[The Prosecutions]
In excess of 20 criminal prosecutions followed in the wake of that intense 56 days. The vast majority of defendants either prevailed, appealed, or received sentences much lighter than prosecution desired. This defendant was subjected to the most cases filed and prosecutors were not achieving their goals with him either.

Furthermore, defendants enjoyed large numbers of activists showing court support which effectively brought anti-police and anti-prosecution messages directly into the courthouse. Discovery issues, overloaded ADC, witness issues, and unexpected family death with ADC lead to the Defendant’s cases being repeatedly continued out for over a year.

During this time the Defendant aggressively investigated the conspiracy between the various departments and the unlawful institution of the encumbrance and curfew policies. The City was tight-lipped about the subjects and concrete evidence eluded discovery. Scant pieces of evidence painted a circumstantial picture but the evidence was insufficient to compel the Courts to grant subpoenas or permit use at trial to show motive and attack credibility. Despite nexus of this concerted plan through almost every case, each case was handled as it’s own unique package.

[A Special Judge]
Ultimately this defendant was assigned a hand-picked judge – Frederick Rodgers – and assigned entirely to his own courtroom – the unused 4B. The details of the assignment are unclear except that it appears Judge Teresa Spahn likely requested the special treatment, and Rodgers has made comments on the record indicating he was assigned to move the defendant’s cases along and that it was desired to get these cases out of the general sessions dockets. The Defendant alleges this was a deliberate act to further isolate the activists from the people in the general sessions corridor and to a courtroom that was essentially vacant.

Rodgers issued a very bizarre order concerning conduct on August 24th, 2016 which was unknown to the Defendant until the night before his September 7th trial setting. Attached with this filing – because oddly enough the clerks cannot find the order filed in any of the defendant’s case files but furnished a copy from an email they found – the strange order, which published the Defendant’s other acts as well as his associates acts along with a claim these associates create serious disruptions, was published loud and clear to the prospective jurors waiting to enter the courtroom and to the actual jurors during breaks.

It is undoubtedly this 3-page document directed against alleged disruptions coupled with the constant presence of up to a dozen armed sheriff’s deputies throughout the proceedings that caused the jurors in that trial to ask the court to assign extra law enforcement to escort them to their vehicles. It was this first Rodgers trial where the Defense council withdrew for ineffectiveness after being unable to meet with the Defendant on the case or go over discovery, then the Defendant was denied new council, forced to proceed pro se, denied discovery, and even denied the right to subpoena witnesses essential to his defense. Withdrawn Council was ordered under his express objections to remain as assistance of council – a claim the judge denied in another strange order entered after the trial.

The Court then denied the entry of evidence clearly defining the terms ENCUMBRANCE and OBSTRUCTION which was essential to the police were unlawfully applying a criminal penalty to a civil code.

The inevitable conclusion of course was a conviction rendered by six terrified jurors followed by immediate sentencing and remand to custody. The remand was thwarted when a very clearly irritated judge was forced to research and agree with the Defendant that a stay of execution was MANDATORY under Rule 37f and a very clearly irritated judge.

[The Missing Oath]
From the very beginning, the Defendant objected to Rodger’s authority and has repeatedly challenged his jurisdiction and demanded a showing in the record he was lawfully empowered to preside over his cases. The defendant was already aware of issues Rodgers had with his qualification. Rodgers was already on a watch list of bad judges. As such, the Defendant had already attempted to obtain a copy of his Oath of Office from the Clerk and Recorder’s office.

Constitution, statute and code obligate a Denver Municipal Court Judge SUBSCRIBE AND FILE WITH THE CLERK AND RECORDER’S OFFICE AN OATH OF OFFICE BEFORE ACTING AS A JUDGE. The consequences for neglecting to accomplish this requirement is that the person has no authority, their office is IPSO FACTO VACANT and all findings, Judgments, orders etc are NULL AND VOID.

Frederick Barker Rodgers did not file an oath of office as required and there have been numerous attempts by the defendant and others in the past year to obtain it. The De Jure Peoples Grand Jury indicted Rodgers for oath problems while he was in Gilpin County and complete copies of that indictment were entered into the record on all three of my then pending cases. I advised Rodgers in court to put his house in order before peering into mine.

I then demanded records showing his appointment as a retired judge. The presiding judge’s clerk responded with a letter stating there are no such records and she offered a copy of his oath of office – signatures redacted for privacy. That oath of office was dated July 27, 2011! I demanded a non-redacted oath and demanded it to be the one filed with the clerk and recorder’s office as required by law. She responded with a redacted signature copy of a copy copy showing a received stamp dated 2015DEC02!

In court next, Rodgers proudly displayed that original oath of office in a gold frame on the bench. It bears no received stamp. At the same time Stephen Nalty obtained a certified copy of the oath from the clerk and recorders office. This time the oath existed where it had not several times before. This oath copy was not redacted and most disturbingly did not bear the received stamp which was passed off to me on the copy claimed to have been filed. Clearly hanky panky is going on.

To date the City has failed to show Rodgers has any lawful appointment. He is 76 years old, has no contract, has no valid oath of office, has no official bond, and he was assigned to my cases “to move things along” which I allege means get me convicted and in jail.

OBJECTION TO ORDER OF SILENCE
After filing his indictment into the record, Rodgers issued an order of silence and removed me to a secret room when I objected. This is in retaliation for the indictment and oath demand as I have never created a disruption before in his court. He also beefed up security and has me under armed guard of 4 to 6 deputies all the time. I object to not being allowed to address the court and I object to being treated like a criminal under guard.

NOTICE OF INEFFECTIVE LEGAL COUNCIL
My attorney has had a constant history of not responding to me and not doing the research I require in my case. The email record is repeat with my objections to her lack of commitment to my cases.

OBJECTION TO UNIQUE / UNEQUAL ENVIRONMENT
I was removed from the 3rd floor and given my own special courtroom with my own special (imposter) judge because Judge Theresa Spahn was mad at me for my free speech critical of her performance WHILE OUTSIDE ANY CASES SHE WAS CONDUCTING. She was mad because our group is helpful to other defendants and our assistance to them has resulted in them achieving success in their cases. The city is upset they are losing our cases left and right and they want to separate us from the masses and get us convicted. Ho better than Rodgers – who doesn’t let good law and reason stand in the way of lousy rulings and judgments.

NOTICE OF PRESERVATION OF APPEAL ISSUES
Because I have been silenced and my lawyer is ineffective I hereby reserve the right to raise ANY issue on appeal regardless of it having been preserved on the record.

OBJECTION TO DENIAL OF NEW EVIDENCE
There is new evidence revealed which demonstrates without a doubt there was conspiracy to silence our protest through the misapplication of a civil code. That evidence is being denied despite clearly speaking to prosecutorial motives and credibility of officer’s statements.

CHALLENGE TO ORDINANCE CONSTITUTIONALITY
My lawyer failed to challenge the pedestrian in a roadway ordinance as overbroad as I demanded. I object and preserve for appeal.

ASSERTION CONDUCT PROTECTED FIRST AMENDMENT EXPRESSION
My lawyer failed to file a motion to dismiss as protected expression my actions leading to these charges. I object and preserve for appeal.

CHALLENGE TO JUDICIAL AUTHORITY OF FREDERICK BARKER RODGERS
Rodgers has REFUSED to enter into the record any authority he has to preside over my cases. He is essentially an unauthorized permanent judge with no contract, a 6-year old expired oath of office (which was never properly filed anyway) who is apparently exempt from the 72 year mandatory retirement age and exempt from the people having opportunity to vote him out of office. He has absolutely no authority and apparently perfect immunity to do what ever the city wants him to do. I REJECT FREDERICK RODGERS AND EVERY THIING HE HAS DONE OR WILL DO IS NULL AND VOID. HE IS OPERATING IN AN IPSO FACTO VACANT OFFICE. I OBJECT AND PRESERVE FOR APPEAL.

Unresolved 2015 protest case reveals Denver police have been concealing evidence from all activist trials

Eric Brandt on the hoof
DENVER, COLORADO- A seemingly ordinary protester-in-the-roadway case has exploded in the face of Denver city lawyers from the prosecutor’s office to the department of civil liabilities. The case against activist Eric Brandt, for chasing a police motorcade which had falsely arrested a fellow demonstrator, today revealed that in arrests made at political protests, Denver police have been withholding key reports from the evidence disclosed to those defendants.

Denver police file what’s called an “After Action Report” for public protests that prompt a mobilized law enforcement response. But the department doesn’t release the report to arrestees who face charges stemming from those actions. Ostensibly the reports are kept secret to avoid public scrutiny of crowd control strategies, but the reports also document the attendance of officers who witness the purported crimes. Those –otherwise undocumented– personnel write reports which are then not included in the discovery evidence. That is what defense lawyers call “Brady Material”, witnesses who are not consulted about what they saw, possibly exculpatory evidence which is being denied to the accused. What role those officers might play in the circumstances leading to the arrests is also kept a mystery.

Last week just before Eric Brandt’s trial, a DPD After Action Report for the protest arrests of August 28, 2015 was accidentally brought to the court’s attention the morning of trial. DPD Commander Tony Lopez brought the AAR report with him as a crib sheet to help his officers corroborate their witness testimonies. The prosecuting attorney coaching the witnesses was offered the report as an aid and as a consequence she was obligated to reveal it to the defense. At first Judge Frederick Rogers gave the defense one hour to study the new document. An hour later, after everyone had pondered the implications, the jury pool was excused for good and Rogers conceded that more time was needed for further subpoenas.

At a pretrial conference today Judge Rogers tried to limit the extent of additional evidence needed before the case could proceed. He rejected a subpoena which he deemed too broad, and limited requests for further AARs to those filed August 26 and 28th. While a prosecuting attorney described such reports as so rare she’s never encountered one before, another city attorney sheepishly admitted that a paralegal in his office had unearthed three AARs that may meet the criteria. So much for rare, that’s three in as many days. Another city attorney insisted that she needed to vet those beforehand, but a peeved Judge Rogers volunteered to assess their applicability himself. If they weren’t in his in-box by 4pm, he’d assume they were forwarded to the defense as ordered.

In question in this particular case was a mention that the head of Denver’s Dept of Public Works had ordered the police action on August 28. This is at odds with all previous police testimony which denied communication with Public Works. It goes toward impeachment of those officers as well as establishing whether Denver police have been abusing the city’s “encumbrance” ordinance. The encumbrance code is what Denver has used to squash sustained protests beginning with the original 2011 Occupy Denver encampments.

This is not the first time After Action Reports have come to light. A lieutenant testifying against an activist last November mentioned in his testimony that the reason he was fully confident in answering how many officers had responded to the protest in question was that he’s just reviewed the AAR. Unfortunately the lawyer defending that case didn’t bite.

And the public learned about AARs when one was accidentally included in the discovery evidence of an Anonymous protester arrested at MMM2015. That report famously revealed that the police outnumbered the protesters, 27% of whom were undercover “Shadow Teams”. Unfortunately the furthest defense attorneys got to more evidence were reports sent for in-camera review by the judge, in that case municipal Judge Espinosa, who ruled there was nothing relevant to the case. The case by the way is under appeal.

Now it remains for someone to file a CORA Colorado Open Records Act request for the missing AARs. There’s one for every public protest countered by police. Anyone who has been convicted of an infraction at a protest, or was coerced into taking a plea deal on the face of one-sided evidence, was denied the full story they needed to defend themselves.

For Eric Brandt’s current case, his being the last of charges filed against activists who occupied the Lindsey Flanigan Courthouse plaza in Fall months of 2015, the defense is seeking the AARs for the 26 police raids made against the protest, from its start on August 26 to its terminal extraction on October 22. Were the police acting within their authority? Were their orders legal? Did Denver abuse an ordinance to curtail free speech in the plaza? Ultimately authorities curbed the protest by imposing a curfew. Was that a flagrant work-around to circumvent a federal injunction meant to prevent their harassment of protected activity in not only a traditional free speech area but a designated free speech zone. That battle is already scheduled in April 2017 in federal court.

NOTES:
Those dates, if you’re interested, were Aug 26, 10am & 11pm; Aug 28, 6pm & 7:30pm; Sep 2, 6pm; Sep 8, 4:30pm; Sep 12, 1am; Sep 13, 3am & 11pm; Sep 14, 11am & 1:30pm; Sep 15, 3am; Sep 16, 12am; Sep 17, 1:20am; Sep 18, 1:20am & 5pm; Sep 19, 2:40am; Sep 22, 12:30am; Sep 24, 3am; Sep 25, 8:30pm & 9:30pm; Sep 26, 2:15am; Oct 9, 1pm; Oct 10, 10:20am; Oct 21, 2pm; and Oct 22, 10am. There may have been more.

Denver charges against plaza occupier so bogus even court recorder objected.


DENVER, COLORADO- Denver County Court Judge Beth Faragher says she’s never seen such a thing happen. Her courtroom audio recording device STOPPED RECORDING, at mid day, but it didn’t let on, and it was hours before somebody noticed. It was the defendant who noticed the machine’s erratic digital readout. An emergency IT specialist was sent to the courtroom. He confirmed that none of the trial had been recorded. The options were to repeat the testimony or declare a mistrial.
 
Eric Brandt is accused of interfering with the arrest of two fellow protesters who were being apprehended for felony menacy and assault on September 24, during the occupy encampment of the Lindsey Flanigan Courthouse Plaza last year. Judge Faragher has never seen such an electronic malfunction, but she probably can’t say the same for prosecutorial frame-ups. Denver’s machinations are so obvious and they’re not backing down from an arrest they engineered. Will the Denver goons be smart enough to pull it off? They can’t even fool their own RECORDING DEVICE. Unfortunately the human components of Denver’s injustice team are yet showing no embarassment for being party to this sham. Here’s how the city schemers are failing so far:

The trial today began with a defense motion to declare a mistrial, based on a DPD officer testifying that the plaza occupiers had a history of necessitating large police turnouts, implying protesters were violent where there was no record to support the inference. With the recording mishap, Judge Faragher has indicated she cannot but grant a mistrial if the defense motions for it. However Brandt and his attorney Sherry Deatch may not. Why? Because the prosecutors have not even finished with their first witness and he’s already destroyed the city’s case. Why start from scratch when the cat’s already out of the bag?

The city asserts that police were already on the scene, behind it actually, investigating a potential drug violation in progress on the plaza when they witnessed an altercation which necessitated their intervention. A lone visitor woke the sleeping protesters and they in turn ganged up on him. Though the police were outnumbered, they struggled to arrest two assailants and Eric “Fuck Cops” Brandt got in their way, vilating a Denver ordinance that forbids interfering with police.

The trouble is, the city’s first witness, arresting officer Sgt. Connover, testified to much more, and his cross-examination is not even complete. Already Connover described how officers were visiting the courthouse “control room” in the middle of the night, 2:30am, to study video evidence of illegal narcotics use. Lo and behold, a rukus errupts as campers wake to expel an intruder caught pilfering from people’s bags. Officer Conniver reported that officers eavesdropped on the live audio of the plaza being monitored by the security staff. They heard the activists confront the intruder about the thefts, ask for the return of their things and insist that the intruder leave. He would not leave and several attempts were made to drag him away, or to dissuade him from staying. Officers understood what was going on but watched until the expulsion efforts escalated.

According to Connover there were too few officers to act immediately, his team of six plus that many courthouse deputies were not enough for 15 sleepyhead activists. Connover relied on HALO cam footage to show the midnight’s events. It was an ackward angle unlike the camera feed he’d monitored that night, which showed much more. Connover admitted that DPD had collected the tape but couldn’t explain why it wasn’t produced in evidence, nor revealed to the defense under the rules of discovery. Because that angle would have showed the details of the scene, how many more officers there were in reality and how little violence the officers pretended to be apprehending. So little evidence in fact that the charges were dropped against the two original arrestees. Eric Brandt it turns out was right to berate the officers for arresting the wrong parties.


Brandt witnesses arrest of Matthew Lentz


Brandt protests the arrest of Matthew Lentz


Brandt informs officers they are arresting the wrong party


Brandt arrested, charged with interference


Lentz, Brandt and Brown arrested, provocateur released

David, Goliath, and Eric Brandt


I must confess, I’m no fan of the Bible, I’ve never understood how a man’s lips are moving and it is called the word of god. The same is true with the written word, the pen is in the hand of the human. But there are stories in the bible with a powerful message. One such story is of a small shepherd boy who goes down into the valley armed with a slingshot and a few small stones. The story of Eric Brandt.

Eric Brant went down into the valley of the 16th street mall and waited there for the giant to come to him. Eric had baited his trap with a donut, he knew of the giant’s hunger for donuts.

The giant lard ass cop came into the valley astride his motorcycle, he meant to dispatch Eric to the nearest jail. This lard ass cop had with him the power of the prosecutor, the court and a kangaroo judge.

Eric had only the truth, a small sling shot and one small smooth stone, attorney David Lane who was with the gift of words.

The giant raised his mighty sword to slay Eric. With one smooth motion Eric brought forth his smooth stone (David Lane) and sent the giant to the ground in a matter of moments.

The Moral of this story: When you come into Eric’s valley, you better bring more than the power of the state or he will send your donut munching ass back to yo mom-ma, minus yo head and ego.

Fuck Cops Guy Eric Brandt deployed ACME Kop Katcher Kit but caught Denver’s SIT-LIE ordinance instead


DENVER, COLORADO- That’s right, DPD motorcycle gang members fell for Eric Brandt’s cop trap, hook line and donut, but as usual, that’s not what Eric was after. On this particular arrest date, Eric wanted to test Denver’s “Sit-Lie” ordinance and this week Eric had his day in court. The city pressed its case for two days but after only ten minutes of deliberation the jury found Eric innocent. He admitted to sitting down, to purposefully seeking arrest, but his lawyer drove home the import of repudiating unjust law. Denver’s ban on sitting or laying down in its Business Improvement District is a prohibition aimed squarely at the homeless. By a five out of six majority the jury vindicated Eric Brandt and refused to convict.

The first day was spent hearing the testimony of a 20-year veteran cop so clueless he thought protests required permits, so flaky he denied seeing Eric’s donut or the six by four foot box tilting above it. He was so smug he cropped the ACME Kop Katcher Kit out of his crime scene photo, and so dumb he reported verifying Brandt’s identity by his RTD disability pass yet failed to deduce Brandt was disabled. This poor officer was so simpleminded that Eric’s defense attorney risked being seen badgering him with a mere superiority of faculties.

As a result, the officer’s misconception about permits was not corrected. The audience knew his MO to be an unconstitutional, the jury got it, as might your average highschool civics student, so the cross examination ended without having to contradict the little officer of the law. But the cop left the stand as he came in, having spent sixteen years of his service on the motorcycle unit, policing marches downtown, following orders and harranging protesters because they don’t have permits. And he’s back on the beat right now.

Otherwise the outcome of Eric’s trial was a total victory. For jury nullification. For freedom of expression. For the affirmative defense that performance art trumps a municipality’s authority to enforce conformity and order. And for human rights. Everyone has a right to sit down whether or not a chair is provided or deprived for that purpose. Those of us with places to sit, like cars and houses and restaurant chairs, don’t need that protection, but the homeless do. No gentrifying business-first politician should be coaxing police to pretend it should be otherwise.

The DPD may still issue citations but the likelihood of conviction is now greatly diminished. A civil suit from Eric will now hasten Denver’s incentive to repeal the errant ordinance. Downtown Denver’s sit-lie law is about to sunset by natural cause, Eric Brandt, force of nature.

Eric Brandt sets speed record for First Amendment Jail-to-Freedom-Pipeline


DENVER, COLORADO- Eric Brandt got a surprise at the detention center courtroom on Friday. Then the magistrate who sentenced Eric for contempt of court got a surprise.

Eric wore his “fuck cops” t-shirt into courtroom 2300 this morning where his friend Monk was making a first appearance while still in custody. Everyone waved to Monk sitting among the inmates and stood in solidarity until the judge entered. But it wasn’t a judge we were used it seeing, it was Magistrate John Hoffman who Eric failed to recognize from one of Eric’s 43 ongoing “fuckcops” cases. The magistrate asked Eric to stand, then read the text of Eric’s shirt into the record, then reminded Eric that he’d warned him if he wore the shirt again in his courtroom he’d be held in contempt, and then he sentenced Eric to twenty days in jail.

Eric objected claiming he had no foreknowledge that this magistrate would preside today and cited “Cohen v. California” as to why this sentence was unconstitutional.

“Tell that to the ACLU” said Magistrate Hoffman as Eric was put in handcuffs.

“Fuck You Judge Hoffman” exclaimed Eric.

“I sentence you to ten more days for that outburst” shouted Hoffman. “Be sure to let the Sheriff know that Eric Brandt is to serve thirty days not twenty” Hoffman explained to the deputy as Eric was moved through the inmate booth.

The magistrate had no name plate and neither the prosecutor nor the deputies would tell us his name. Finally a clerk outside obliged and I made a call to Eric’s lawyer. Within minutes the magistrate announced that Eric should be brought back into the courtroom. A half hour later he was free, ordered out of the building, which he left loudly.

It turns out Eric’s lawyer hadn’t intervened at all. The magistrate’s “tell it to the ACLU” quip was repeated through the courtroom staff where it reached the city attorney’s office. They made the call and told magistrate Hoffman to stand down.

So Eric was sentenced at 9am and out by 10am. A new record for him at least.

The accompanying photos do not have anything to do with Eric’s Jail to Freedom speed record, but they’re not entirely unrelated. They depict his next arrest later that day, the details to follow.

Denver activists seek court injunction to stop jury nullification arrests


DENVER, COLORADO- Civil rights attorney David Lane will address Federal District Court on Monday seeking an injunction to stop the City of Denver from arresting activists distributing fliers to inform fellow citizens about the legal concept of Jury Nullification. UPDATE: An injunction hearing has been scheduled for 2PM FRIDAY, August 21, at the Araaj Federal Courthouse.

Delayed Habeas Corpus for Eric Brandt, then two Westminster kangaroo courts, despite $3,500 bond being paid.


WESTMINSTER, COLORADO- It was quite a day for Eric “Fuck Cops” Brandt, in custody at the Denver County Jail since Monday August 10, as usual for exercising his First Amendment rights. Even by Wednesday the jail wouldn’t allow Eric visitors or bail. Next they delayed his court appearance almost two hours. Then the judge wouldn’t grant a PR bond, choosing to require the homeless veteran to raise $3,500 for bail. Then the clerk insisted the entire docket be completed before the bond paperwork would be available. Eventually Eric’s bond was covered by a benefactor, but before Eric could be processed for release, the City of Westminster transferred him to their municipal court for a full afternoon of hearings.

In Westminster, Associate Judge Paul Basso refused Eric’s motion for a jury trial then immediately declared court to be in recess and walked out as Eric’s attorney David lane tried to voice his objections. Funny story: though Basso had declined the motion, he misspoke and declared that Eric was to have a jury trial, so Basso had to reenter the courtroom to reiterate for the record: there was to be no jury trial. This time Lane offered to put Brandt’s former public defender on the stand, he was there waiting, to attest that Brandt had never declined his right to a jury. Judge Basso refused and again walked out.

Next up, Presiding Judge John Stipech declined motions to dismiss, to recuse, or to appoint a special prosecutor for Brandt’s cases. Stipech declined to hear witnesses present and ready to testify that Westminster staffers were overheard plotting to incarcerate Brandt no matter what. No hearing, set all the trial dates up like bowling pins.

Next on the agenda, Judge Stipech ordered Eric to remove documents he’d posted to “his Facebook”: confidential police internal affairs reports sloppily surrendered during discovery and now published in Westword. Eric was supposed to comply whether in custody or homeless, or be found in contempt.

Brandt was put back en route to Denver while attorneys were asked to set the upcoming court dates. Suddenly Eric’s transport was ordered to return so that the Westminster prosecutor could motion to revoke Eric’s multiple bonds on account of his new felony charges in Denver. Fortunately the bond revocation hearing was set for Sept 2 to allow David Lane time to subpoena witnesses. This date will also follow the Aug 31 hearing in Denver where Lane has subpoenaed the Denver DA to account for the unconstitutional train wreck.

Now back at Denver Jail, Eric is being kept overnight with the excuse that the pretrial services office was closed and doesn’t reopen until 8AM. Eric Brandt has been incarcerated since Monday afternoon, his bond met, his tattoo assuring he can’t be confused for anyone else. He’s front and center today on the Denver Post and Westword, but the city’s top law enforcers can still pretend to delay his release on technicalities. They spent eighteen hours “running his fingerprints” when everyone in downtown Denver can recognize Eric Brandt a block away, three, when he’s got his sign.

BREAKING: Denver DA Mitch Morrissey to be subpoenaed in jury tampering case of Mark Iannicelli and Eric Brandt!


DENVER, COLORADO- Denver Judge Johnny C. Barajas wouldn’t produce Eric Brandt, who’s still being held in county jail without bond, he wouldn’t commit to joining Brandt’s case with that of Mark Iannicelli, he wouldn’t commit to granting a preliminary hearing, but he has allowed Attorneys David Lane and Lonn Heymann to subpoena all complainants, including Denver District Attorney Mitchell R. Morrissey!
 
The target of a recent recall effort, the Denver DA won’t indict killer cops or sheriff’s deputies, but Morrissey and his cronies in the DPD will have to show up August 31 at 8:30am to account for the abridged First Amendment rights of Messrs Brandt and Ianicelli.

Eric Brandt and the horrible, very bad judge.


WESTMINSTER, COLORADO- Eric Brandt was so sure he was going to jail he got a tattoo. The one-man-band of protest movements had court on August 3rd before Westminster Associate Judge Paul D. Basso, who’d declined on a technicality to give Brandt a jury trial. Eric calls him “Judge Fatso” and lampoons Basso on the courthouse steps and so didn’t expect more than a brisk push into jail. Knowing they’d take his “Fuck Cops” t-shirt, Eric got a hasty tattoo. “It hurt. A LOT” said Eric, who did not intend to cease his protest behind bars. It’s the identical logo, placed just below the sleeve-length of a jail smock, faced forward on the arm he extends to shake hands. Eric’s lawyer, the formidable David Lane, joked that he was stung by Eric’s lack of faith in his attorney.

But Eric Brandt has suffered for two years battling alone against the whims of Westminster injustice. He’s served jail time, been beaten, threatened, tasered so many times the seizures it induces no longer make him pee. And when Judge Basso took the bench the courtroom audience got to see the kangaroo court prepared for Westminster’s public enemy number one. Even David Lane’s sober motions and objections bounced off the stubborn hanging judge.

Ultimately Judge Basso was smart enough to know he had to grant a continuance because discovery was only granted ten minutes before the session started. Discovery included internal affairs investigations of Sergeant Buckner, Eric’s repeat accuser and frequent assailant. Judge Basso asked the sergeant if he’d signed off on their release. “Objection! You’re not his lawyer!” Judge Basso ordered that the documents be surrendered to the court until he’d ruled on their relevance. “Objection!” The audience echoed “WTF!”

David Lane’s motions to dismiss, and for a special prosecutor, and for the judge to recuse himself for interposing himself as advocate for the city, were ignored. Each time the civil liberties expert cited legal precedence, Judge Basso would answer “it’s been a while since I’ve read that one, but I remember its meaning differently.” The city attorney and judge made clumsy attempts to feed each other cues.

Eric Brandt was forced to wave speedy trial in exchange for his continuance, to give his attorney time to peruse the discovery evidence. David Lane objected that “my client has to choose which constitutional right to sacrifice.”

Westminster had hoped to jail Eric Brandt this week to prevent him from getting on this year’s ballot for the city council election. They had to let him walk. A powerful attorney and a roomful of spectators got in the way of someone’s Judge Roy Bean act.

Eric was in tears as he thanked his supporters. His next case is Thursday, August 6, same accusers, same arresting officer. Same crime, telling cops to go fuck themselves. Eric will need the same court support. Trust me it’s entertaining. Between Brandt and Lane, there is no end to the laughter, but I had no idea municipal court would be so suspenseful. The best lawyer around meets his match against Tweedle Dumb.

Eric Brandt has dozens of cases pending in Westminster. The hope is that the provincial berg will figure out it has treed the wrong bear. They’re up against the First Amendment and two tireless defenders.

UPDATE: Eric’s August 6th court date has been continued, it’s now TBA. His next scheduled jury trial is August 13 although word is it will be postponed as well. A motions hearing now set for Wednesday August 12 will probably decide the fate of all of Eric Brandt’s cases. I’m thinking, when a city gives less than a day’s notice to cancel a jury trial, they’re probably doing some heavy thinking. Congratulations Eric!

Eric Brandt found not guilty of petty complaints of Westminster Colorado. He’s being denied a jury at next trial.

Eric Brandt aka Fuck Cops
WESTMINSTER, COLORADO- Homeless veteran Eric Brandt has been arrested 36 times by police officers angry about his “fuck cops” sign, often the arrests are violent. So far Eric has beat the charges but the City of Westminster is gunning for him. Though Eric is now represented by civil liberty specialist David Lane, city officials, DAs, cops, and prosecutors converge on Eric’s court appearances determined to slip their fuck-cops problem into a jail cell. They may yet succeed, but Eric’s chances improve when the judges see he has public support. Though Eric’s message is characterized as repugnant in a court of law, in reality people honk and wave and ask to have their picture taken with Eric. To no-one else’s surprise, “fuck cops” resonates, especially as Denver cops keep killing unarmed arrestees. Eric won his July 23 jury trial, but he has upcoming court dates August 3, August 6, and August 13, to name just the next three. If Westminster can jail Eric for just one of these cases, they can keep him off the ballot where he’s running for city council looking to represent the homeless constituency. Come see the spectacle that is the usually incomparable David Lane sharing the spotlight with scene-stealing Eric Brandt, running hilarious circles around his dimwitted accusers. A guaranteed laugh-fest at the expense of the much-embarrassed Westminster grumps.

The next three trials will be held at the Westminster Municipal Court, at 72nd & Federal, just south of Highway-36. All start at 8:30am. At the August 3rd trial the judge is denying Eric the right to a jury…