Wednesday, October 12, 2011

The People Versus James Anthony Bretney: the arraignment


I want to feature the following attorneys who are my friends including:

Mark A. Moses
445 South Figueroa St.  2700 
Los Angeles , CA 90071 
Phone: (310) 940-4557 
Office Hours: 24 HOURS. Please call for immediate attention.








Bruce M Warren Attorney
4215 Glencoe Avenue # 2
Marina Del Rey, CA 90292-5698
(310) 821-9000




Brian C. Nelson of
Nelson & Nelson, P.C.
1925 Century Park East
Suite 1050
Los Angeles, CA 90067-2743
Phone: (310) 556-1424

_________________________________________________________________________________

At 8:00 AM, I reported the Airport Courthouse located at 11701 South La Cienega Blvd.  Los Angeles, CA 90045.   Commissioner Jane Godfrey heard my case at 11:40 am.  My public defender was attorney Marlene C. McNeill.    I entered a plea of Not Guilty as to the crime of violating Officer Eddie Soto's privacy on August 1, 2011, a violation of Section 635(a) of the California Penal Code:


(a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively
designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of
communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or
between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

   (b) This section does not apply to either of the following:
   (1) An act otherwise prohibited by this section when performed by any of the following:
   (A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or
facilities of the utility.
   (B) A state, county, or municipal law enforcement agency or an agency of the federal government.
   (C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities,
state, county, or municipal law enforcement agencies, or agencies of the federal government.
   (2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.

for this video:




I am including my facbook posts and pictures I took as a part of my reporting:

James Anthony Bretney
The City of Santa Monica is so gay. There was a man named Perez who faces a criminal misdemeanor for excessive noise. Really? Must we have a crime foe everything?
Like · · Share · Yesterday at 10:33am via mobile

James Anthony Bretney

Division 147, 9th floor, LA County court. An asian woman pled guilty to the crime of petty theft. $800 restitution. Numerous motions for continuances, probation updates, bench warrants and a few arrest warrants. Still waiting to say 2 words so I can take off - NOT GUILTY!!!!!
Like · · Share · Yesterday at 10:40 am  via mobile


James Anthony Bretney
Entered a plea of Not Guilty. Pretrial hearing set for November 1st and trial November 20th. The prosecutor wouldn't even release the police report. — at Airport Courthouse- Los Angeles County Superior Court.
Like ·  · Tag Friends · Yesterday at 12:49pm via mobile



I finally got a copy of the police report.  I made my request to the Santa Monica Police Department on September 18, 2011, the day I got my summons to appear from City Attorney Terry White.  They refused.

The City Attorney, Terry White, refused to meet or talk with me.  He was rather rude and arrogant about it as well.

The Sixth Amendment states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence
This is the form you have to fill out if you want a copy of any police report.

I demanded my Constitutional Right to discovery.  The City of Santa Monica has at every turn refused my Constitutional Right to Discovery afforded by the Sixth Amendment.

The Police refused to release the police report.  This violates my right to discovery afforded to me by the U.S. and California Constitution.
I asked the Court to grant me a copy of the police report.  The prosecuting attorney protested the issuance of this redacted copy even though the Sixth Amendment of the Constitution affords me the right to confront witnesses against me.

Here is the redacted copy.



The Art Institute employees are Dawn Kohn, Aaron Pompey and Laura Soloff.  The anonymous caller was Andrew Gordon McLaren.

Detective Eddie Soto volunteered my criminal history (there was none) to the Art Institute and even provided legal advice to them even though Detective Soto said on tape "There is no crime."

The anonymous caller identified himself as Andrew Gordon McLaren.  A former business partner and employee who retaliated against me due to the dissolution of our business relationship.  The investigating officer was Officer Eddie Soto.



James Anthony Bretney 
The judge would not let me speak for myself in the courtroom on charges that are already 2 months old. What a joke. If they have a case bring it on.
Yesterday at 12:44pm · Like

The Commissioner Jane Godfrey of Division 147, of the Airport Courthouse would not let me speak for myself in court.  She said, "You have a lawyer."  She pointed to Ms. McNeil.  They wanted to wrap up this case so they could take their noon lunch break.

This same woman lectured three defendants including Do (Petty Theft) and Perez (Excessive Noise) for wanting to represent themselves.  But when I opted for the public defender, Godfrey shuts me up.
McNeil was patronizing and would not do as I asked her to do which is get the full report,  address the court on the motion of full discovery or get the police report not redacted.

James Anthony Bretney 

The video that the City of Santa Monica is prosecuting me for
Section 635a of the California Penal Code
Adventures in PTSD: Episode 2
www.youtube.com
The Keystone Cops fingered a suspected domestic terrorist. My ass is innocent.
Like ·  · Share · 23 hours ago near Venice


James Anthony Bretney
Preparing remarks for public comment — at City of Santa Monica.
Like ·  · Tag Friends · 22 hours ago via mobile

James Anthony Bretney
City of Santa Monica after the recitation of pledge of allegiance adjourned to closed session to discuss on going union negotiations.
Like ·  · Share · 22 hours ago via DROID

At 4:30 pm on September 18th, I spoke to face to with Sonia Ramos, the Mayor's Secretary.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

On September 22nd, I emailed Sonia Ramos, the Mayor's Secretary.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

On September 28th, I called Sonia Ramos, the Mayor's Secretary for 4 minutes 2 seconds.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

At 4:50 pm on September 30th, I called Sonia Ramos, the Mayor's Secretary for 1 minute 20 seconds.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

At 11:48 am on October 3rd, I called Sonia Ramos, the Mayor's Secretary for 2 minutes 7 seconds.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

At 1:08 pm on October 6th, I called Sonia Ramos, the Mayor's Secretary for 1 minutes 12 seconds.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

At 2:47 pm on October 18th, I spoke to face to with Sonia Ramos, the Mayor's Secretary for 7 minutes 7 seconds.  I respectfully requested a meeting with Mayor Richard Bloom.  I received no contact from Sonia Ramos or Richard Bloom.

James Anthony Bretney
The UTU union is threatening to strike if demands aren't met.
Like ·  · Share · 22 hours ago via DROID


James Anthony Bretney
Mr. Holbrook and Mr. Shriver were conspicuously absent from the meeting.
Like ·  · Share · 22 hours ago via DROID

James Anthony Bretney 
Mayor Bloom, a declared candidate for state assembly district 50 asked Councilman Terry O'day to lead the pledge. O day is the youngest member
Like ·  · Share · 22 hours ago via DROID

James Anthony Bretney
Met with Councilman Bob Holbrook. He gave me some potential solutions. He recommended I call the City Atty Marsha Moutrie and the Police Chief tomorrow morning. I deferred using the Zuma Dogg approach to public comment at tonight's city hall.
Like ·  · Share · 20 hours ago near Los Angeles

James Anthony Bretney 
I am thinking of circulating a petition and presenting it to the city council about this issue and legalizing the recording of police men as a defense against police harassment.
21 hours ago · Like

James Anthony Bretney 
what I learned today from Councilman Holbrook was that any citizen can present any petition to the city council.
21 hours ago · Like ·  1 person

Update June 4, 2013: James A. Bretney prevailed in court in early December 2013 when the City of Santa Monica dropped all charges against Bretney.  "This is a victory for free speech only blackened by its belated arrival."  City Attorney Terry White, the same prosecutor who failed to get a conviction against Rodney King's cops in 1991, was not available for comment.  Although it has been said that the taxpayers of Santa Monica have paid City Attorney Terry White as much as $ 400,000 per year in compensation, his employment is not certain.


1 comment:

James A. Bretney said...

case dismissed