Thursday, October 15, 2009

DA Dismisses Case Against Scientology Protester

Los Angeles - Attorney Graham Berry: I have just been advised by the Riverside County District Attorney's Office that at the next court appearance the pending charges, for trespass and battery upon a peace officer, against Anonymous Orange will be dismissed under California Penal Code section 1385. That section is discussed in the Supplemental Memorandum re "Suggestion of Dismissal" which is posted at Angry Gay Pope's homepage.

I congratulate AO on successfully persisting with his defense and I thank everyone who provided constructive assistance and useful information.

[Originally], the judge did deny our motion, as I reported in the other thread (AGP uploads 100s, etc). However, someone high up in the DA's office must have read our papers and decided that this case what not what the Scientologists had made it seem.

AO dog-piled by guards There can be a number of strategic reasons why a lawyer files certain motions. Of course, one is to win. Often a lawyer does not expect to win or it is an uphill slog. However, the motion may be made to educate the judge or the other side about issues. Another may be to encourage dismissal or settlement.

Then there is the Church of Scientology which often files motions to cause the other side to do work and increase their legal fees. Scientology litigation often resembles a war of attrition. "There is no other animal on earth like a Scientology lawsuit," LRH once wrote. It seems to me that it was one of the few true things that he did write!

Even in our current political and social climate there are people who eventually decide to do the right thing.

Flashback: Protester Dogpiled by Scientology Guards 10/26/08

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