Donna Deiss facing 'resisting arrest' charge; all other charges dropped

Donna Deiss facing 'resisting arrest' charge; all other charges dropped

by Becky Johnson ( becky_johnson222 [at] hotmail.com )
Wednesday Jun 25th, 2008 11:18 PM

On the first real nice day of the year, a peaceful gathering occurred in Three Trees parking lot on W. Cliff Drive. Within minutes, SCPD Officer Christian LeMoss had broken Donna Deiss' arm, arrested her, and charged her with battery on a peace officer, possession of marijuana, and resisting arrest. Today only the resisting arrest charge remains.

donna_deiss_aug_2_2006.jpg

Santa Cruz, Ca. --- HUFF member and vehicular dweller, Donna Deiss, who had her right humerus bone fractured by Officer Christian LeMoss on May 9th, 2008 at the Three Trees parking lot on W. Cliff Dr. has had all charges but one dropped. She now faces a single charge of 148 (a) PC or resisting arrest. Misdemeanor charges of battery on a police officer and possession of marijuana have been dropped without explanation. Deiss is still scheduled for arraignment on July 2nd at 8:30AM on the lone remaining charge of 'resisting arrest.' "I plan to plead 'Not Guilty' and seek a jury trial," she told HUFF members.

The Santa Cruz Police Department had issued a press release three days after the incident in which they claimed "When the officer attempted to detain Ms. Deiss she threw a cup of hot liquid onto his face. Despite being burned, the officer was able to control and eventually take Ms. Deiss into custody ." Deiss claims the officer never properly detained her, was not in uniform, did not identify himself as a police officer, and had no reason to detain her, much less grab her violently, spin her onto a parked car, cuff her, then throw her on the ground breaking her arm. The cup of coffee she had been holding in her left hand spilled everywhere including on Ms. Deiss. No marijuana was found on Ms. Deiss at the time of her arrest.

http://www.huffsantacruz.org

Donna Deiss recovering

by Becky Johnson Thursday Jun 26th, 2008 1:40 AM

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original image ( 1280x960)

Donna Deiss gives an accounting of her experiences.

http://www.huffsantacruz.org

60 Year Old Homeless Wolman Says Police Broke Her Arm

60 Year Old Homeless Wolman Says Police Broke Her Arm

by Robert Norse
Saturday May 10th, 2008 9:50 AM

Donna Deiss called in last night to report that yesterday around 5 PM, Officer La Moss (Badge #114) assaulted her, broke her arm, and then put her in handcuffs when he attempted to question her at Three Tree Lot near Lighthouse Field. Deiss was taken to the Watsonville hospital, had to wait hours for x-rays, which confirmed her arm was broken.

Deiss reported the following to me in a phone message last night and an e-mail this morning:

She was talking with friends yesterday on Westcliffe Drive near her RV. An undercover police officer, whom she later identified as Officer La Moss, arrived in a black unmarked car and said he wanted to talk to her and others in the group. She read La Moss a statement from the ACLU about the rights of community members vis a vis the police and walked to her RV.

The cop followed her. She got in and tried to close the door. Le Moss, not saying she was under arrest or detained, reached in and grabbed her right arm, pinching the skin as he twisted it behind her back, breaking it. She screamed her arm was broken, but his response was to call for backup. 4 more police cars arrived. She continued screaming for 911 and finally paramedics showed up.

The police said they were impounding her RV, which she lives in.

She was taken to Watsonville hospital, waited hours for x-rays and pain pills. She is charged with battery and an additional charge. X-raqys confirm her arm was broken. She needs an attorney and community support.

This is an account from Donna Deiss (with some additions from her friend Shane). Donna has previously been harassed by rangers as part of the "clear out the hippies" campaign at Three Tree Lot and the other lots around Lighthouse Fields. Recently the City's Parks and Recreation Department had its "No RVs" signs painted over by state Rangers, for apparently violating state law and policy regarding parking (i.e. RVS are allowed to park).

See related stories: "Harassment of Homeless in RVs, a Letter from Donna Deiss" at http://www.indybay.org/newsitems/2007/10/08/18452903.php ,

"Superintendant Hammack Stonewalls on RV Ban in Coastal Parking Lots" at http://www.indybay.org/newsitems/2007/09/12/18447267.php , and

"Coastal Access Denied to Motorhomes and Trailers in Santa Cruz" at http://www.indybay.org/newsitems/2007/08/30/18444952.php for related stories.

Eyewitness Interviews to the LeMoss Assault on Free Radio; Did you see it? Let us know.

by Robert Norse Sunday May 11th, 2008 5:21 PM

Witnesses to the Officer Christian LeMoss's assault on Donna Deiss Friday afternoon including Deiss's own testimony was heard on Free Radio Santa Cruz today. It should be archived soon at http://www.radiolibre.org/brb/brb080511.mp3 .

Craig: if you can secure a copy of the police report, please post it. Or if you get informal information from officers about their perspective, let us know. All witnesses I've spoken to (5 so far, not including Donna).

Particularly important (and this is sad) are middle-class witnesses passing by on foot, bike, or by car. Or nearby residents. Please put the word out for these folks to get in touch with what they saw.

I encourage folks to show up at Santa Cruz City Council at 3 PM and/or 7 PM to speak at Oral Communications to let the community (via tv) know what they think of this kind of behavior. City Council will also (be forced to) listen.

Also reminding folks that there's a public meeting of folks purportedly concerned with police abuse and discrimination on Wednesday 6:30 pm (see http://www.indybay.org/newsitems/2008/05/10/18498435.php)

Most telling perhaps would be a direct action protest and march, if anyone wants to organize it.

Witnesses to the event should give a call to me at 831-423-4833 or call me show on Thursday 6-8 PM on 101.1 FM at 427-3772.

Donna is charged with battery and resisting arrest. Her court date is June 16th. She faces up to a $2000 fine and up to 2 years in jail. Christian LeMoss on the other hand as far as I've heard is still on the beat--getting paid to do the beating.

Thanks to everyone who called in and are concerned about stopping police brutality.