The San Diego Sidewalk Chalk Case: Somebody is Lying.
Even before a jury was seated anyone with access to the Internet knew that
San Diego’s city attorney, Jan Goldsmith, is high in the running for
the biggest ignoranus worldwide.
And just behind him in the competition is Darell Freeman, the ex-cop who is
Bank of America’sVP of Global Corporate Security.
According to the San Diego Reader
Goldsmith-Freeman tag team prosecuted Jeff Olson, 40, for using kids'
water-soluble chalk to write "Shame on Bank of America" & etc. on
the sidewalk. Upon Freeman’s persistent urging, Goldsmith charged Olson with
13 major misdemeanor charges that could have resulted in 13 years in jail.
Yes . . . Goldsmith threatened the man with 13 years in jail for writing in
chalk on the sidewalk. In America.
Number three in the running for biggest ignoranus worldwide is the dick-head
of a judge, Howard Shore, who ruled last week that Olson could not raise the
defense of freedom of speech. And then Shore – annoyed as hell by the national
media attention he so stupidly brought on himself – threw a gag order on Olson
to keep him from exercising any more freedom of speech. This judge is a piece of
art. A piece that should be titled: "Superfluous Stupidity in Motion."
But fortunately the jury saw the stupidity of both the judge and the
prosecutor and bounced all 13 charges. One must wonder what part the Internet
played in getting this story to them before Shore’s gag order went into
But here is what I find quite interesting: It looks like there’s a liar on
the city’s payroll. Michael Giorgino is identified by Trent Seibert in a
San Diego story as "spokesman for
Goldsmith." In that article Giorgino is quoted as saying after the trial:
"Our prosecutors never treated this case as anything more than a
graffiti case," he said. "As with most graffiti cases, Mr. Olson
was offered reduction to an infraction after completing volunteer work
service cleaning up graffiti. His refusal of that offer resulted in the
trial and his successful defense."
Well, the part about the prosecutors treating the case as nothing more than a
"graffiti case" hardly surprises because they were obviously too
stupid to see that it was a 1st Amendment case. The judge was too
stupid, too. We know that because he banned Olson from raising a 1st
But the part of Giorgino’s statement that caught my eye, as it
was intended to do, was the offer Giorgion says was made to Olson. That makes
Olson look like the dork here because, if all he had to do to avoid
trial was to clean up his chalk marks, then he would have been a dork not to do
But who is the dork? On the strength of an Alternet article by William
Boardman dated Jul04.2013, it looks like
Giorgino was lying -- the deal offered to Olson was nothing like what Giorgino
told the press.
The first offer was that Goldsmith drops the case if Olson:
Attends 8-hour seminar on corrective behavior.
Pays BoA $6,299.
Waives all 4th Amendment rights – meaning the cops could harass
Surrenders his driver’s license for 3 years.
- Serves 32 hours community service.
IOW, this is a ya’ gotta’ be shittin’ me offer. I don’t know how Olson’s lawyer
responded to this "offer," but I would have told Goldsmith which of
his orifices is most deserving of it.
But then came the second KMA offer:
- Olson pleads guilty to one count of vandalism.
- Serves 3 years probation.
- Pays unspecified restitution to BoA.
- Spends 24 hours cleaning up graffiti
- Surrenders his driver’s license for 2 years.
Giorgino’ statement to the press that the deal offered Olson was "
reduction to an infraction after completing volunteer work service cleaning up
graffiti," if that is in fact what he said and all that he said, can only
be interpreted as a lie because it is as much a lie to withhold relevant and
necessary information as it is to give false information.
So here’s the overall box-score as I see it at the end of the trial:
Shore looks like an ignoranus.
- Jan Goldsmith looks like an ignoranus.
Freeman looks like an ignoranus.
- BoA looks like a bank for ignoranuses.
Giorgino looks like a lying ignoranus.
- Jeff Olson looks like a First Amendment
An ignoranus, BTW, is a stupid ass-hole.
Of course, the box-score has to include the fact that Olson and the city are
both out a wad of cash for attorney fees. But as Olson
"The jury sent a real strong message that the First Amendment is alive
and well in San Diego," Olson said. "You have the freedom of speech,
you should use it. Freedom of speech should be part of our daily lives and our
Thank you, Mr. Olson. And if you'll tell me how I can contribute to
your legal fees, I certainly will.