UPDATE:
Had my hearing today for my stay of sentencing. The actual judge for the city of Lakewood wasted no time at all in granting the motion. the only 3 conditions of the stay that I have to abide by are #1 notify the court within 48 hours of any change of my residential address and if my change of residence is going to be outside of Pierce county, I have to get permission. #2 I have to diligently pursue the appeal. And #3 maintain law abiding behavior. Ironic considering I was arrested for law abiding behavior.
The prosecutor tried to add in a $1000 bail but that was quickly smacked down by the judge considering the nature of the case, the fact that I have attended all of my court hearings and other misc. reasons. In total, I think the hearing lasted all of about 5 minutes. My lawyer told me that the entire appeal process could take up to 2 years depending on how things go.
I have a good feeling that the conviction will be overturned on appeal. The only question is whether it will be sent back to the trial court for a new trial or outright dismissed on constitutional grounds. I will be getting a copy of all of the court recordings regarding my case asap and will get a copy of the trial transcript as soon as it is available.
A couple of key points to cover regarding the trial:
1. One officer testified that he in fact told me that I was in fact not legally required to go inside when I asked him as soon as he "requested" that I do so. He was further questioned and testified that he never at any time told me that I was legally required to go inside and remove myself from the scene. He also testified that another officer "might" have told me that I was legally required to leave the scene and go inside.
2. The officer that was mentioned by the above officer testified that he never told me that I was legally required to leave the scene and to go inside and in fact, he didn't even know that the previous officer had told me that I was NOT legally required to leave the scene and go inside when originally requested. He also testified that at no point did he give me any warning at all that if I did not leave the scene and go inside, I would be arrested for obstruction.
3. Multiple officers testified that they had been informed that I was recording the incident or that they thought that I was because of the presence of electronic devices in my possession that could be used to record.
4. All officers that testified that up until my arrest, I had never moved from my original location at the time of the initial contact.
5. The pierce county sheriff deputy (K-9 officer) testified that he more then likely could have tracked around me with his dog but once there were multiple people at my location, the tracking became impossible. The multiple people at my location were the Lakewood PD officers that were questioning me and arresting me. In short, had the Lakewood PD officers simple left me alone, the K-9 officer more then likely would have been able to continue with the track for the suspect that he was searching for.
6. All officers that testified, testified that they knew of no law that they could cite that gave them the authority to require that a citizen cease exercising a right protected by the constitution. In this case, to cease observing and recording the officers, to leave the scene and go back inside my home. I was never given any alternative at all that would have allowed me to continue to observe and record the police. In fact, I was never given any options at all. I was simply told to go back inside my home where I would have completely lost the ability to observe and record the police.
Also, do they publish standards of what is "acceptable" clearing in order for the homeowner to avoid being forced to absorbe the city's sidewalk liability if someone slips on the city's sidewalk?
