SANTA ANA : Judge Subpoenaed in Homeless Sweep Case

Attorneys for the homeless arrested in last summer’s sweeps at the Civic Center in Santa Ana have subpoenaed a federal judge in the latest move to dismiss dozens of misdemeanor cases against nearly two dozen people who were cited.

Lloyd A. Charton, an attorney for one of the homeless, said he intends to prove that Santa Ana police initiated the sweeps after U.S. District Judge Alicemarie H. Stotler and others who work in the area complained that the homeless were trashing the Civic Center.

“I don’t want the public to believe that Santa Ana police just happened to see the homeless litter and arrested them,” Charton said. “The sweeps occurred after there were enough complaints from people like the judge.”

Charton said such police action is selective prosecution, which is considered to be unconstitutional. Santa Ana police have maintained that the sweeps were part of a campaign to reduce crime in the area.

Stotler could not be reached for comment.

Police Chief Paul Walters denies that Stotler was instrumental in instigating the sweeps. He said the city had received dozens of complaints about crime and disorder at the center.

“The central factor in the roundups was the number of crime victims in the area,” Walters said.

Justin Clouser of the Poverty Law Center, however, said Judge Stotler “prodded the city of Santa Ana into targeting the homeless” by complaining to police officials about the scores of people who cluster around the Civic Center most days of the week. Clouser said the attorneys also plan to subpoena 20 police officers as well as the police chief.

During the August homeless sweeps, 22 people were cited by Santa Ana police for littering, urinating in public, and jaywalking in two roundups. Charton’s client, Joe R. Arias, was arrested for littering when he allegedly dropped a match on the ground after lighting a cigarette.

The sweeps led to a civil class-action settlement in October between attorneys for the homeless and the police to halt future roundups of the homeless.

In November, 1990, Municipal Judge Barbara T. Nomoto disqualified the city attorney’s office from prosecuting the criminal cases against the homeless. She ruled that attorneys with the city shared a conflict of interest because they also advise and represent the Santa Ana police. As a result, the district attorney’s office is now handling the cases.