Dan Siegel Hosts 3:00 PM Press Conference at His Office on
March 31, 2016
March 31, 2016
FOR IMMEDIATE RELEASE
CONTACT:
Angeles Gottheil angeles.gottheil@land-action.org
(714) 469-1497
Oakland, CA - On Wednesday January 20, 2016 the Alameda County District Attorney’s Office issued arrest warrants for 4 organizers working with the non-profit Land Action. The organizers, now being called The Land Action 4, face seven criminal charges – three of which are felonies, up to 8.5 years imprisonment, and $89,000 in fines. Among the allegations is that these organizers were involved in a “Conspiracy to Trespass,” a common charge used to target civil rights organizers.
The organizers are being charged for their involvement in the occupation of an abandoned property in the Cleveland Heights neighborhood near Lake Merritt. Two of the defendants, Patrick Xu and Aisha Alves-Hyde, were the on-site property managers on behalf of Land Action. The occupation began in mid-September of 2015 and went unnoticed by the owner of record for three months. Subsequently an agreement was made for the occupants to move out of the property. However, the owner broke the agreement, and Xu was arrested as he was removing the last of his belongings from the property. Arrest warrants were issued for Alves-Hyde, Kelly Jewett, and Steven DeCaprio; none of whom were physically on the property at the time the warrant was issued.
Because the arrest warrant was issued after the matter had been resolved the defendants have concluded that the prosecution is politically motivated. Further, the prosecution is heavy handed due to the fact that the defendants are being charged with felonies despite the fact that trespass itself is at most a misdemeanor.
According to Dan Siegel, an attorney representing DeCaprio, “This prosecution is a blatant attempt to target these organizers because of their political views.”
Land Action is well known for having assisted at risk community members with housing in an effort to fight gentrification and displacement in Oakland, California. This work was highlighted in the UTNE Reader article “Housing a Movement” which resulted in DeCaprio being named one of 12 visionaries of 2012 by that publication for his work as former CEO of Land Action. Jewett the current CEO of Land Action is also the Cofounder of Occupy the Farm, and she is currently leading Land Action’s micro-farm campaign to increase both low-cost shelter, as well as urban agriculture. These and all of Land Action’s efforts have been in collaboration with a large network of other activists, and the co-defendants have collectively posed a significant obstacle to the city’s policy of funneling property into the hands of developers and speculators.
Because of these efforts agencies and officials at the city and county level had been forced to engage with Land Action and their allies in order to negotiate access to housing and land for low-income people, while simultaneously ameliorating the property tax deficits and neighborhood blight posed by abandoned properties. The prosecution by the Alameda County District Attorney has the direct result of compromising these negotiations causing community based land projects to be stolen by developers and speculators who are more concerned with revenue.
“The Alameda County District Attorney is out of touch with the reality in Oakland and much of the country.” says Jewett, “We are in the midst of a housing crisis, and Land Action’s efforts are addressing the housing needs of the community.”
On January 5, 2016 the Oakland City Council adopted an Ordinance declaring a shelter crisis. Angeles Gottheil, CFO of Land Action stated, “The District Attorney’s harassment of those attempting to address the current housing problems in Oakland is diverting precious resources that could be used to create solutions rather than engage in frivolous prosecutions.”
Hundreds of abandoned/vacant properties have been occupied in the Bay Area in recent decades. Disputes over these properties generally remain in the civil realm. In the overwhelming majority of cases, the court rules in the title-holder's favor and the occupiers are ordered to leave. Very rarely do they end with arrests, and never before have they resulted in felony charges. But this time, the DA has pushed what has historically been considered a civil matter into criminal court.
The property at the center of the prosecution is a well-known abandoned property in the neighborhood. Neighbors have said that the house had not been entered at all since 2010. According to the prosecution's official complaint, the owner of record admitted to not having lived in the house since 2003. Over the years, a sagging foundation has caused exterior walls to shear, creating large cracks in the stucco that collect rain during storms. None of these issues were addressed by the owner of record who had accumulated five years of unpaid back taxes, thus making the property eligible for tax foreclosure. After discovering Land Action's property managers, the owner paid the most recent fiscal year's taxes, leaving $45K unpaid as of this press release.
The defense has attracted a noteworthy team of civil rights attorneys known for their advocacy on behalf of defendants targeted for their political views and organizing efforts. The defense team includes Tony Serra, Dan Siegel, Walter Riley, John Hamasaki, and Mark Vermeulen.
A press conference will be held on March 31st, the day before the court date, at 3pm at the office of Dan Siegel, 499 14th Street, Suite 300 Oakland, CA 94612. A Motion to Dismiss by attorney Tony Serra will be heard on April 1, 2016 at 9 a.m. in Department 115 of the Alameda Superior Court, Wiley W. Manuel Courthouse, 661 Washington St, Oakland 94607.
The press is invited to attend the hearing, as well.
