[Peace-discuss] Post-Trial motion and new court date.

[lori serb]

Hello all,

As I stated at the AWARE meeting last night, my court date is this 
Friday, 9/19 at 1:30 PM at the Courthouse (off Vine and Main) in 
Urbana in court room D. This is the same room it was in before. 
Please dress "appropriately" this means that shorts, halter tops, and 
tank tops are considered a reason to escort you out of the courtroom. 
I am asking that people come as supporters for this event, if they 
can. This court session will be much shorter than the last one --I am 
being told what my fine is and I doubt Judge Ford will change his 
mind.

Below is the motion my lawyer filed on 9/12 to dispute the decision.

Now Comes the Defendant, Lori Serb, by her attorney Harvey C. Welch 
and requests this Honorable Court to reverse the finding of August 
18, 2003 and find the Defendant Lori Serb not guilty.

1. That the Court entered a written order finding the Defendant 
guilty on August 18,		2003.

2. That the Court's findings were clearly erroneous for  the following reasons:
a. That the Defendant was not proven to have knowingly resisted
b. That the City did not prove that the Defendant knew that the 
individual addressing her was a peace officer for the City of Champaign
c. That the conclusion that the Defendant knew a police officer was 
addressing her is not supported by the facts.
d. The finding that the statement "Police", whether said once or more 
than once would not have been sufficient in the situation that 
presented itself. The Court ignored the fact that all officers 
testified that no other commands or directions were given to Ms.Serb 
other than "Police". Without directing specific command to cease and 
desist from her activities, it cannot be said that Ms. Serb "resisted 
the breaking up of the altercation" when she was never directed by 
the police to do so.
e. The conclusion reached by the Court that the officer could not do 
more is not supported by the evidence or reasonable inference drawn 
there from.

Wherefore, the Defendant, Lori Serb, prays that this Honorable Court 
will reverse the finding of August 18, 2003 and find the Defendant, 
Lori Serb, not guilty.

Harvey C. Welch
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