U.S. v THOMAS AND PICCIOTTO

THE COURT: NO, WE DON'T HAVE IT.

MR. CHRISTENSEN: THERE IS ANOTHER DIMENSION TO THIS BECAUSE MAGISTRATE BURNETT ALSO HAS A PROBATION REVOCATION PENDING DOWN THERE, AS I UNDERSTAND. THIS CONVICTION WOULD RESULT IN THE --

THE COURT: I DON'T KNOW WHAT BURNETT WILL DO.

MR. MARCY: I BELIEVE THERE IS AN APPEAL PENDING IN FRONT OF JUDGE SMITH ON THE CONSTITUTIONALITY IN THAT CASE.

THE COURT: I DENY YOUR MOTION.

WHEN IS SENTENCING SCHEDULED FOR?

MR. WOLL: ON THE OTHER CASE, YOUR HONOR? IT IS SET FOR DAY AFTER TOMORROW. HOW ABOUT A MOTION FOR JUDGMENT OF ACQUITTAL, YOUR HONOR, BASED ON INSUFFICIENT EVIDENCE TO SHOW THAT THEY WERE CAMPING? I WILL TRY FOR ANOTHER --

THE COURT: I DENY YOUR MOTION.

MR. CHRISTENSEN: I JOIN IN THAT MOTION. THERE IS SOME SUBSTANCE AS FAR AS MS. PICCIOTTO IS CONCERNED, BECAUSE I DON'T THINK THERE IS AN IOTA OF EVIDENCE SHOWING THAT SHE WAS SLEEPING, IF THE COURT IS TURNING ON SLEEPING.

THE COURT: WHEN IS SHE SCHEDULED FOR SENTENCING?

I DENY YOUR MOTION.

MR. MARCY: SHE HAS NOT BEEN SCHEDULED FOR SENTENCING.

MR. CHRISTENSEN: SHE IS NOT BEFORE THE COURT, AS

VERDICT TODAY, AND THEN SENTENCING WILL BE SCHEDULED LATER FOR BOTH OF THEM.

THE COURT: I DENY THE MOTION. I FIND THEM BOTH GUILTY.

MR. WOLL: ARE YOU GOING TO SENTENCE THEM TODAY, YOUR HONOR?

THE COURT: NO.

MR. WOLL: WHEN? THURSDAY?

THE COURT: YES. THURSDAY.

MR. MARCY: YOUR HONOR, HAS THE PRESENTENCE -- THIS WAS SCHEDULED FOR SENTENCING IN MR. THOMAS' CASE, IN THE OTHER CASE, THE STRUCTURE CASE, AND IT WAS CONTINUED BECAUSE I DON'T BELIEVE HE HAD BEEN COOPERATING WITH THE PROBATION DEPARTMENT. THEY HAD HAD SOME DIFFICULTY CONFIRMING --

THE COURT: YOU MEAN DORROUGH?

MR. MARCY: IN THE OTHER CASE, MR. THOMAS' SENTENCING WAS CONTINUED BECAUSE THE PROBATION OFFICE HAD BEEN UNABLE TO VERIFY A LOT OF THE INFORMATION. AND I WAS JUST CURIOUS WHETHER THEY HAD VERIFIED THAT NOW AND WOULD BE READY FOR SENTENCING ON FRIDAY -- OR THURSDAY.

MR. CHRISTENSEN: AS TO MS. PICCIOTTO, YOU ARE GOING TO HAVE TO HAVE A COMPLETE WORK-UP, WHICH WILL TAKE THIRTY DAYS. SHE DOESN'T HAVE ANYTHING BEFORE THE COURT. MS. PICCIOTTO

DOES NOT HAVE ANYTHING BEFORE THE COURT, SO SHE WOULD REQUIRE A FULL WORK-UP FROM THE PROBATION OFFICER, WHICH COULD --

THE COURT: MR. WHO?

MR. CHRISTENSEN: PICCIOTTO, THE WOMAN. IT IS GOING TO REQUIRE THIRTY DAYS, AT LEAST, FOR THAT.

THE COURT: WHY?

MR. CHRISTENSEN: WELL, THAT IS WHAT THEY ASK FOR. I MEAN THEY COULD PROBABLY DO IT EXPEDITED. NORMALLY, THEY ASK FOR THIRTY DAYS FOR A THOROUGH WORK-UP.

MR. WOLL: YOUR HONOR, I WOULD PREFER T0 GO FORWARD, IN REFERENCE TO MR. THOMAS, DAY AFTER TOMORROW. I AM SURE A PRESENTENCE REPORT HAS BEEN COMPLETED OR WILL BE COMPLETED BY THURSDAY, AND WE WOULD BE ABLE TO GO FORWARD TO SENTENCING IN BOTH CASES ON THURSDAY.

THE COURT: I WILL SET THE LADY'S SENTENCE FOR AUGUST 2ND.

DEFENDANT THOMAS (FROM THE WELL OF THE COURT): MAY I ADDRESS THE COURT BEFORE A DECISION IS MADE?

THE COURT (AT THE BENCH): I STAYED TOO LONG. I THINK THOMAS' SENTENCE WILL BE SCHEDULED FOR THURSDAY.

(END OF BENCH CONFERENCE)

DEFENDANT THOMAS: MAY I ADDRESS THE COURT?

THE COURT: I SUPPOSE SO, YES.

DEFENDANT THOMAS: I THINK THAT THE GOVERNMENT HAS TRIED TO PORTRAY --

THE COURT: WAIT A MINUTE. I'M DOING SOMETHING ELSE NOW.

YES, MR. THOMAS.

DEFENDANT THOMAS: I THINK THE GOVERNMENT IS TRYING TO REPRESENT ME AS A PERSON WITH DISRESPECT FOR THE LAW.

THE COURT: SIR?

DEFENDANT THOMAS: I THINK THAT THE GOVERNMENT HAS BEEN TRYING TO REPRESENT ME AS A PERSON WHO HAS NO RESPECT FOR THE LAW. MR. MARCY MADE REFERENCE TO THE FACT THAT I HAD BEEN ARRESTED ON NUMEROUS OCCASIONS FOR THIS CHARGE. IN FACT, THE FIRST FIVE CHARGES -- THE FIRST FIVE ARRESTS WERE DISMISSED ON -- AS FAR AS I KNOW -- THE GROUNDS THAT I HAD A CONSTITU- TIONAL RIGHT TO BE DOING THIS.

I SUBMITTED TO YOUR OFFICE THE OTHER DAY SOME ADDITIONAL POINTS THAT I WANTED YOU TO CONSIDER PRIOR TO SENTENCING HERE. ONE OF THE THINGS CONTAINED IN IT IS A LETTER FROM ART SPITZER, WITH THE AMERICAN CIVIL LIBERTIES UNION, RELATING TO AN ARREST ON JULY THE 7TH FOR CAMPING, WHICH WAS DISMISSED. THE FIRST FIVE ARRESTS FOR CAMPING WERE ALL DISMISSED PRIOR TO THE ENACTMENT OF THE NEW DEFINITION OF CAMPING IN 5027. THE SIXTH ARREST RESULTED IN A CONVICTION. THAT WAS THE FIRST CONVICTION FOR CAMPING AS A RESULT OF THIS NEW REGULATION. THAT IS PRESENTLY BEING APPEALED.

WHAT THE STATUTE SAYS IS IT SETS OUT SIX DIFFERENT ACTIVITIES AND SAYS, "THE ABOVE LISTED ACTIVITIES CONSTITUTE

CAMPING." I THINK THAT TO SAY THAT I'M GUILTY OF CAMPING FOR HAVING SLEPT, WHICH HASN'T EVEN BEEN PROVEN, I DON'T THINK, IS SAYING THAT IF SEDITION IS DEFINED AS WEARING A RED SHIRT AND OVERTHROWING THE GOVERNMENT -- I DON'T THINK YOU CAN FIND SOME ONE GUILTY OF SEDITION JUST BECAUSE HE WORE A RED SHIRT, IF HE DIDN'T OVERTHROW THE GOVERNMENT.

MR. MARCY HAS ALSO MADE REFERENCE TO A MATTER OF A SIGN THAT BURNT. THIS CASE, TO THE BEST OF MY KNOWLEDGE ON INFORMATION THAT I HAVE RECEIVED FROM MS. ELLIE SHEFFIELD WITH THE PUBLIC DEFENDER'S OFFICE -- THE CHARGES IN THAT CASE ARE GOING TO BE DROPPED AGAINST ME. AT BEST, THERE WERE MANY EXTENUATING CIRCUMSTANCES IN THE CASE. BUT I THINK THAT THESE REPRESENTATIONS OF ME BEING SOMEONE WHO IS NOT CONCERNED WITH THE LAW ARE TOTALLY FALLACIOUS, AND I THINK THAT THEY-- WELL, I THINK THAT THEY ARE VERY WRONG TO MAKE THESE ALLEGATIONS.

I WOULD LIKE TO BRIEFLY READ A COUPLE OF STATEMENTS THAT I WROTE WHEN I STARTED MY VIGIL, BECAUSE MAYBE THERE IS SOME QUESTION IN YOUR MIND AS TO MY TRUE INTENTIONS. THEY ARE BRIEF, AND THAT'S ABOUT ALL I'VE GOT TO SAY, I THINK.

THIS ONE I WROTE ON JUNE 3RD, WHEN I STARTED IT:

"THE PURPOSE OF MY LIFE IS TO ACQUIRE WISDOM AND ATTAIN MORAL PERFECTION. I LIVE AS A PENNILESS WANDERER AND A PILGRIM. WISDOM COMPELS ME TO RECOGNIZE THAT MORAL PERFECTION IS IMPOSSIBLE FOR A MEMBER OF AN AMORAL NATION STATE. IN THE

COURSE OF MY WANDERING THE WORLD, I DISCOVERED THE ROLE THE UNITED STATES PLAYS IN DESTROYING THE EARTH AND EXPLOITING ITS INHABITANTS. I LEARNED I COULD NOT ATTAIN MORAL PERFECTION WHILE AVAILING MYSELF OF BENEFITS GAINED THROUGH THE SUFFERING OF OTHERS. SO I EXERCISED THE FREEDOM TO PERSONALLY DETERMINE WHAT I WOULD BE. I CEASED TO BE AN AMERICAN CITIZEN AND DESTROYED MY AMERICAN PASSPORT. CONSEQUENTLY, I WAS DEPORTED FROM ENGLAND TO THIS COUNTRY AGAINST MY WILL AND IN VIOLATION OF THE LAW. ON OCTOBER 2, 1980, I WAS FORCIBLY REMOVED FROM AN AIRPLANE AT J.F.K. INTERNATIONAL AIRPORT AND COMPELLED TO ENTER THE UNITED STATES, DESPITE MY VIGOROUS OBJECTIONS.

"I NOW DEMAND THAT THE UNITED STATES GOVERNMENT RETURN ME TO GREAT BRITAIN SO I CAN RETURN TO MY PILGRIMAGE. I INTEND TO FAST UNTIL THE AMERICAN GOVERNMENT RECOGNIZES THE IDEALS FROM WHICH IT DRAWS ITS AUTHORITY AND ALLOWS ME TO LIVE MY LIFE AS I SEE FIT.

"THIS IS NOT AN ACT OF SELF-DESTRUCTION, BUT AN EFFORT TO PERSUADE THIS NATION TO RETURN TO THE PRINCIPLES OF THE DECLARATION OF INDEPENDENCE UPON WHICH IT WAS FOUNDED. GIVEN THE OPTION" -- AND THIS IS THE POINT IN RELATION TO MY VIGIL. "GIVEN THE OPTION OF LIVING MY LIFE IN DECADENT LUXURY AT THE EXPENSE OF MY FELLOW CREATURES OR VOLUNTARILY LAYING IT DOWN IN THE SERVICE TO ACHIEVE JUSTICE AND FREEDOM, I WOULD CHOOSE THE LATTER.

"I ENTREAT THOSE WHO UNDERSTAND MY WORDS TO CONFRONT

THE EVILS OF THE NATION STATE BY GATHERING AT THE WHITE HOUSE TO PRAY FOR REASON, SANITY, AND AN END TO WAR IN ILLUSTRATION OF THE IDEALS OF NONVIOLENCE." THAT WAS JUNE 3RD, 1981.

THIS ONE I WROTE ON NOVEMBER 27TH, 1981, IMMEDIATELY AFTER MY SECOND ARREST FOR CAMPING:

"RELIGION IS A WAY OF LIFE. MY WAY OF LIFE IS TO TREAT OTHERS AS I WOULD LIKE THEM TO TREAT ME. WHILE MY RELIGION IS SIMPLE, IT DEMANDS RESPONSIBLE ACTION AND, ON OCCASION, SELF-SACRIFICE.

"I AM PRESENTLY IN THE UNITED STATES AGAINST MY WILL HAVING BEEN BROUGHT HERE IN VIOLATION OF THE LAWS OF THIS COUNTRY. IMMEDIATELY, MY OWN DESIRE IS TO LEAVE THIS COUNTRY AND TO RESUME THE ACTIVITIES IN WHICH I WAS ENGAGED PRIOR TO THE ILLEGAL INTERFERENCE OF THE AUTHORITIES OF THIS COUNTRY. MY PERSONAL EXPERIENCE HAS LED ME TO CONCLUDE THAT THE UNITED STATES, IN PURSUIT OF ITS OWN PLEASURE AND COMFORT, IS ACTIVELY ENGAGED IN THE DESTRUCTION OF THE PLANET ON WHICH I LIVE AND WHICH I HOLD TO BE THE PROPERTY OF MY CREATOR. TO WORK WITHIN THE SYSTEM THAT COMPRISES THE UNITED STATES IS, FOR ME, TO CONTRIBUTE TO THIS DESTRUCTION. ON THE BASIS OF MY RELIGIOUS PRINCIPLES, I REFUSE TO MAKE THIS CONTRIBUTION. IN EFFECT, I REFUSE THE BEASTLY MARK WITHOUT WHICH ONE MAY BUY OR SELL. BECAUSE I CANNOT BUY OR SELL, I AM FORCED TO LIVE IN THE STREETS AND SUBSIST ON WHAT SOCIETY THROWS AWAY, SO MY VERY EXISTENCE IS A DEMONSTRATION OF THE MANNER IN WHICH A TRULY

MORAL PERSON IS COMPELLED TO LIVE WITHIN AN AMORAL SOCIETY.

"I HAVE CHOSEN 1600 PENNSYLVANIA AVENUE AS THE LOCATION FOR THIS DEMONSTRATION FOR A NUMBER OF REASONS, INCLUDING (A) AN ATTEMPT TO DRAW TO THE ATTENTION OF THE POLICY MAKERS THE EFFECTS OF THEIR POLICIES; (B) IT IS A PLACE TO WHICH VISITORS COME FROM ALL OVER THE WORLD, THEREBY AFFORDING AN INTERNATIONAL PLATFORM FOR MY MESSAGE; (C) MANY PERSONS PASS BY, AFFORDING ME THE OPPORTUNITY TO PASS OUT MY PRINTED WRITINGS; (D) IT SEEMS THE IDEAL PLACE TO PETITION THE GOVERNMENT AGAINST HAVING BROUGHT ME INTO THE COUNTRY ILLEGALLY.

"IF THIS GOVERNMENT IS DISTURBED AT HAVING ME LIVING IN FRONT OF THE WHITE HOUSE, ALL THEY NEED DO IS LET ME OUT OF THE COUNTRY."

AGAIN, I WOULD LIKE TO POINT OUT THAT THERE IS A DIFFERENCE BETWEEN LIVING, WHICH IS THE STATE OR CONDITION OF BEING ALIVE, AND LIVING ACCOMMODATIONS. AT MY FIRST TRIAL, THE PROSECUTOR ASKED WHETHER I HAD ANY ACCOMMODATIONS ELSEWHERE, WHETHER MY BELONGINGS WERE STORED SOMEWHERE, WHETHER MY FOOD WAS PREPARED SOMEWHERE, WHETHER I TOOK A SHOWER, AND I HAD TO ANSWER "NO." SINCE THAT CONVICTION, I HAVE CHANGED THE FORMAT OF MY DEMONSTRATION IN ORDER TO STAY WITHIN THE LIMITS OF THE LAW, JUST AS THE CONVICTION HERE FOR THE STRUCTURE HAS MOVED ME TO CHANGE THE CONFIGURATION OF THE SIGN. THAT SIGN IS BACK ON THE SIDEWALK IN A NEW CONFIGURATION WHICH IS IN -- WHICH IS IN KEEPING WITH THE DECISION WHICH YOU HANDED DOWN IN

THE CASE ABOUT THE STRUCTURES.

I AM NOT TRYING TO FLAUNT THE LAW. I AM NOT TRYING TO SHOW DISREGARD FOR THE LAW. WHAT I AM TRYING TO DO IS CARRY ON AN ACTIVITY WHICH I HAVE A CONSTITUTIONAL RIGHT TO CARRY ON. I THINK THAT THE GOVERNMENT IS JUST UPSET BY THE FACT THAT PEOPLE ARE STARTING TO TAKE ME SERIOUSLY AND PAY SOME ATTENTION TO ME.

THANK YOU.

MR. CHRISTENSEN: YOUR HONOR, MS. PICCIOTTO WANTS TO ADDRESS THE COURT.

THE COURT: I DON'T THINK THIS IS THE TIME FOR THAT, I REALLY DON'T.

DEFENDANT PICCIOTTO: YOUR HONOR, IF YOU ARE GOING TO FIND ME GUILTY OF CAMPING, WHICH I AM NOT DOING, I COMMIT MYSELF 24 HOURS A DAY IN A VIGIL BECAUSE A ROBE LIKE YOU DENIED ME MY RIGHTS UNDER THE 14TH AMENDMENT. THEY FORCED ME TO BE IN THE STREETS. WHEN I WENT TO THE WHITE HOUSE GATES, IT WAS TO COMMIT MYSELF FOR 24 HOURS IN PROTEST BY BEING HOME- LESS BY FORCE BECAUSE OF LACK OF JUSTICE. AND I'VE ENDED UP NOW THAT THEY CHARGED ME WITH CAMPING.

MY INTENTION TO BE THERE IS NOT CAMPING. I CAN CHOOSE ANY PLACE TO CAMP IN IF I WANT TO. IT IS NOT EASY TO ME TO BE IN THE SIDEWALK. I AM PROTESTING. I WANT TO GET ATTENTION, AS WELL AS THE PUBLIC, OF THE GOVERNMENT TO INDICATE IN MY CASE WHY THEY DENY ME MY RIGHTS. MY 14TH AMENDMENT HAS BEEN

COMPLETELY VIOLATED. I HAVE BEEN FORCIBLY MADE HOMELESS, AND IT IS A COVERUP IN THIS. THE GOVERNMENT IS SOMEHOW CONNECTED WITH A PROBLEM THAT I HAD WITH A LAWYER IN NEW YORK INVOLVED IN BLACKMAIL -- EXCUSE ME -- BLACK MARKET IN THE BABY SELLING RING. THEREFORE, THEY ARE DOING EVERYTHING POSSIBLE TO IMPEDE ME TO GET JUSTICE AND TO GET MY RIGHTS, FORCING ME, LIKE MR. THOMAS SAYS, EAT FROM THE GARBAGE. I NEVER DID THIS IN MY LIFE, BUT IF I WANT TO SURVIVE, I HAVE TO.

DO NOT LIKE TO LIVE THIS WAY. I HATE TO BE ON THE SIDEWALK, BUT I HAVE NO CHOICE IF I WANTED TO ATTRACT ATTENTION AND NOW I AM FACING THAT BY BEING EXERCISING MY FREEDOM, AS I THOUGHT I HAD PROTECTED BY THE FIRST AMENDMENT AND BY THE CONSTITUTION OF THE UNITED STATES, I AM FOUND THAT I'M GUILTY OF CAMPING. I AM NOT DOING ANY CAMPING. I DO NO HAVE SHELTER. I HAVE NOT ANY LIVING ACCOMMODATIONS, EITHER. I AM STAYING THERE 24-HOUR VIGIL, AND GETTING WET WITH SNOW, COLD, AND FREEZING. I DON'T THINK THAT THIS IS A PLEASURE TO BE THERE TWO YEARS, YOUR HONOR -- TWO YEARS, A WOMAN, IN THE SIDEWALK. IT IS NOT ANY PLEASURE. IT IS NOT ANY CAMPING. IT IS NOT ANYTHING THAT YOU CAN ENJOY. I SACRIFICE MYSELF. IT IS A LOT OF SORROW. BUT THEY DON'T WANT TO DIG IN MY CASE; NO. THEY JUST WANT TO WIPE IT UP UNDER THE CARPET.

I AM SUFFERING A LOT. I'VE BEEN PUNISHED A LOT FROM THIS GOVERNMENT THAT I NO DESERVE IT, AT ALL. I AM NOT AN ORDINARY WOMAN THAT STAYS IN THE STREET BECAUSE LIKES IT. I

DO NOT MAKE MY LIVING ILLEGAL ON ANYTHING. I TRIED TO GET JUSTICE, AND THAT'S THE REASON I WENT TO THE WHITE HOUSE, AFTER I HAVE EXHAUSTED EVERYTHING IN LETTERS, IN VISITING THE CONGRESS, THE SENATE, THE WHITE HOUSE, THE F.B.I., THE JUSTICE DEPARTMENT -- NAME IT, ANYTHING, GROUPS, ORGANIZATIONS. NO ONE WAS HELPING ME. WHY? IS SOMETHING IN THERE THAT'S A COVERUP, BIG POWERS ARE INVOLVED WITH. THEY DON'T LET ME GET THROUGH.

IT IS EASY TO GET ME; I'M NOBODY. THEY HAVE THE POWER. IT IS VERY EASY. BUT THERE'S GOD, MISTER -- THERE'S GOD. HE GIVES ME THE STRENGTH TO SURVIVE ALL THESE ELEMENTS ON THE SIDEWALK, THE BRUTALITY OF THE POLICE, WHICH IS UNBELIEVABLE -- UNBELIEVABLE. I WOULDN'T BELIEVE IT THAT THE UNITED STATES GOVERNMENT WAS SO CRUEL AND SO TYRAN. IT IS JUST LIKE A HITLER, THE SAME SYSTEM. I DISCOVERED THIS. I BECAME A CITIZEN OF THE UNITED STATES BECAUSE I THOUGHT IT WAS A GREAT COUNTRY. THE IDEALS OF THE CONSTITUTION IS WHAT MAKE ME INTO BECOMING A CITIZEN. TODAY, I REGRET IT. I THOUGHT I WAS PROTECTED BY THE COUNTRY. I AM A VICTIM OF THE LAW, AND THE LAW IS PERSECUTING ME WHEN I CHALLENGE INJUSTICE, YOUR HONOR.

THANK YOU.

THE COURT: I FIND THEM GUILTY. I WILL SET THE SENTENCE. WHAT IS THE DATE I SAID?

THE DEPUTY CLERK: MR. THOMAS IS TO BE SENTENCED ON JULY 7, WHICH IS THURSDAY, AT 9:30, AND MS. PICCIOTTO ON THE

SECOND OF AUGUST AT 9:30.

(WHEREUPON, AT 10:35 A.M., THE ABOVE PROCEEDING WAS CONCLUDED.)

CERTIFICATE OF SERVICE

I HEREBY CERTIFY THAT THE FOREGOING IS THE OFFICIAL TRANSCRIPT OF THE PROCEEDINGS IN THE ABOVE-ENTITLED MATTER, AND THAT IT IS COMPLETE AND ACCURATE, TO THE BEST OF MY KNOWLEDGE AND ABILITY.

/S/

GORDON A. SLODYSKO

OFFICIAL COURT REPORTER

Case Listing --- Proposition One ---- Peace Park