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[Photo of the teepee that led to Wednesday's Occupy Oakland raid - via @geekeasy]

Khali Johnson was arrested for "basically littering," which could somehow turn into his third strike and a lifetime in prison.

You may recall that I told you all about the situation with Khali last month, after his arrest during a December 16th Oakland Police raid. There was great concern because Khali had been held in detention unusually long, appeared at each court hearing severely bruised and didn't have access to his prescribed psychiatric medication.

More Via:

The threat of life imprisonment looms for Occupy Oakland activist Marcel Johnson - better known by his alias, Khali - after a third-strike arrest during the demonstration. Having spent about 15 years incarcerated already, 38 year-old Khali said he was trying to turn his life around by distributing food to the needy at the Occupy Oakland encampment, where he was a frequent, vocal, sometimes endearing presence. On December 16 he was arrested outside City Hall for violating anti-encroachment laws — namely, for a dispute about a blanket — which normally wouldn't have warranted more than a few hours jail time. Since Khali was in fact violating his probation terms for a different case in Sacramento, he was taken to Santa Rita and made to serve some jail time in lieu of going to trial, his attorney Dan Siegel explained. There, Khali was held in solitary confinement and not given his psychiatric medications, which might explain why he got into an altercation with a peace officer — the exact circumstances of which are still widely disputed. Now, Khali faces a felony assault charge in place of his original misdemeanor. As of Friday, December 23, Khali's bail was set at $580,000, according his attorney, Dan Siegel.

Siegel won't be representing Khali in the assault case, but luckily was able to convince a judge to order a medical evaluation that hopefully will explain the altercation between Khali, and the officer in Santa Rita. The next scheduled court date for Khali is January 9th in Pleasanton where he will face that potential "third strike," and bail that would be completely out of reach as Khali is homeless, with no money or possessions to his name.

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30 Comments
Excelsior's picture

That three strikes law is and always has been an obscene travesty of justice. There is no other legislation that deserves to be stricken from our legal system more.


There's always free cheddar in the mousetrap, baby. - Tom Waits

Edwin's picture

Well, there probably is now that Obama signed the NDAA, but I agree with you.


"If the US government enforced its banking laws like it did its park regulations, we wouldn't be
in this damn park in the first place." OCCUPY.!!

Floriduh Dave's picture

da trut,Edwin. Next decade is in for a rough ride. Put your chaps on,brother.

URBEE's picture

The man speaks the truth. Throw in the Patriot Act and we begin to move forward into the past. To borrow a line from Firesign Theater.

New York's Rockefeller Laws come to mind.

Excelsior's picture

Those are NY laws. I'm talking about laws that affect all of us.


There's always free cheddar in the mousetrap, baby. - Tom Waits

Edwin's picture

That's why I brought up the NDAA (and will continue to do so). It affects me and I'm a Canadian, or not even American, and live in friggin' Asia, ferchrissakes. ;)


"If the US government enforced its banking laws like it did its park regulations, we wouldn't be
in this damn park in the first place." OCCUPY.!!

Edwin's picture

It's sounds like this guys need some help, not life imprisonment.


"If the US government enforced its banking laws like it did its park regulations, we wouldn't be
in this damn park in the first place." OCCUPY.!!

Floriduh Dave's picture
Yup

He got issues.

brel1's picture

let's fight to repeal this stupid law.

Floriduh Dave's picture

stupid.

Floriduh Dave's picture

Let me say that -rightly or wrongly- IF you got a good chance to go back to stir there are two choises.... 1 Go away far away. 2. Play games with The man. Choises...Choises.

nrdesieyes's picture

...choices.

angryspittle's picture

Welcome to fascist Amerika.

Edwin's picture

Protest Wall Street, Go to Jail for the Rest of Your Life

That's probably the game plan come next spring/summer when Occupy revs up fully during an election year.

(See NDAA)


"If the US government enforced its banking laws like it did its park regulations, we wouldn't be
in this damn park in the first place." OCCUPY.!!

Ape-Man's picture

He needs a good lawyer.


"Government by organized money is just as dangerous as Government by organized mob"
-= Franklin Delano Roosevelt =-

URBEE's picture
.

.

URBEE's picture

Boy ya can't argue with that! Sorry I hate laptop double tap keyboards I was trying to not post anything. And when i erased it I went to move the cursor and.... But now I'm just wasting your time making you read something telling you I have nothing to say. Are you still reading this?Don't waste your time. Move on. Nothing to see here. Have a nice day.

Edwin's picture

It gave me a break from dusting the shelf beside my computer. ;)

And I haven't seen your name before. Welcome. (Warning: I'm told I have ODS.)


"If the US government enforced its banking laws like it did its park regulations, we wouldn't be
in this damn park in the first place." OCCUPY.!!

harmfulguy's picture

He said, "What were you arrested for, kid?" And I said, "Littering." And they all moved away from me on the bench there, and the hairy eyeball and all kinds of mean nasty things, till I said, "And creating a nuisance." And they all came back, shook my hand, and we had a great time on the bench, talkin about crime, mother stabbing, father raping, all kinds of groovy things that we was talking about on the bench.

They'll probably decide he's not moral enough to join the army while they're at it.

An Average Joe's picture

...Was he sitting on the Group W bench?


"A man who views the world the same at fifty as he did at twenty has wasted thirty years of his life."....Muhammad Ali

fastfeat's picture

Big time.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

nrdesieyes's picture

Khali Johnson spent 15 years in jail. Kinda makes you wonder what his first strikes were.... ? Perhaps the blogger can do some background research and find out for us loyal readers?

innocent bystander's picture

well, that is what every protester economic terrorist threat to national security al qaida aider and abettor is risking under the indefinite detention provisions of the ndaa


there is a time ... when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part. you can't even passively take part -- mario savio

diffrntdrummr's picture

The three strikes law pertains to felonies. Now if littering is a felony, I'll eat Diane Sweet's hat.

that any additional charge could be considered a parole violation. That would not typically result in a third strike, but would likely return him to prison for the violation.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

bys1955's picture

Just write the president, when he finds out there is injustice somewhere, he'll deal with it. I shine my Obama light on the sky nightly from camp Fema.


bys1955

Peter G's picture

is accurate then her initial statement that he was arrested for "basically littering" is false. That's not why he was arrested. Unless a parole violation is littering. The other issues about providing a prisoner with access to prescribed medication and how that is done as well as the larger issue of how one treats accused persons with mental disorders is another issue entirely. The circumstances of the alleged assault I note are disputed but not the fact that he did not receive his medication? Was he arrested with his medication? Did he inform anyone that he required medication? Was taking his medication a condition of his parole?
There's lots of questions to be asked here if anyone felt inclined to ask them.


Hasa Diga Eebowai

if a misdemeanor (not an infraction). They typical language of parole and probation agreements is "(thou shall) violate no laws." It doesn't take much to violate, though there is indeed some subjectivity (by LE personnel, parole/probation depts, judges, and the parolee/probationer's attitude) as to whether or not the person gets charged.


"Parachutes are allowed in checked or carry-on baggage, but may not be worn in flight."

---Southwest Airlines

CoIntelPro.PronktasticlyAgainst.SCLM.E-Voting.Incumbents's picture

or were you there?


Some stuff you can't make up!