High Desert "clown activist" arrested in L.A.

[ilbegone]

High Desert "clown activist" arrested in L.A.

The Associated Press

10/21/2010

DOWNEY (AP) An activist who attends government meetings around California in a clown suit to criticize officials has been charged with making criminal threats against the city clerk in Bell.

The Los Angeles Times says 63-year-old Edwin Thomas Snell, an Apple Valley resident, was arrested on Tuesday, remains jailed and is scheduled to be arraigned Thursday in a Downey courtroom.

Authorities say a Bell city council member filed a police report alleging that Snell threatened the city clerk during a recent council meeting in the Los Angeles suburb, which has been hit with a salary scandal.

Because he has two previous felony convictions, Snell could face up to life in prison if convicted. However, prosecutors aren't expected to seek a third-strike enhancement.

Authorities say the charge grew out of a threat related to a public records request. http://www.sbsun.com/news/ci_16397091



'Clown suit activist' arrested for allegedly threatening Bell city clerk at council meetings

October 20, 2010

A political activist known for attending municipal government meetings in a clown suit has been arrested on suspicion of making criminal threats against the Bell city clerk.

Sheriff's deputies arrested Edwin Thomas Snell, 63, on Tuesday on the steps of the L.A. County Hall of Administration, where he was attending a Board of Supervisors meeting.

He was being held Wednesday in lieu of $1-million bail, according to the Sheriff's Department website.

Sheriff's spokesman Steve Whitmore said a Bell City Council member, whom he did not name, said Snell made threats directed at a staff member during a recent council meeting.

Prosecutors said the threat was directed at Bell city clerk Rebecca Valdez.

[Updated 3:45 p.m.: A spokeswoman for the Los Angeles County district attorney's office said Snell would be arraigned on the criminal threats charge Thursday in Superior Court in Downey. The case against Snell, who has two previous felony convictions, was filed as a third-strike case that could potentially bring life in prison.

But Sandi Gibbons, spokeswoman for D.A. Steve Cooley, said Wednesday that under the district attorney's policy, which sets a high bar for any case that could bring a life sentence, the case will probably be handled as though this were Snell's second strike. She said the charge grew out of a threat related to a public records act request.]
That led an unidentified council member to file a police report, and authorities issued a felony arrest warrant for Snell. City officials had previously sought and obtained a civil restraining order against Snell.

Snell, known as the "clown suit activist" because he wears the costume to government meetings across the state, often disparages public officials during public comment periods.

But authorities said they there was little humor in his alleged run-in in Bell, which has been rocked by scandals over high salaries and alleged corruption.

"Clown suit or no clown suit, some things aren't funny," Whitmore said.

-- Andrew Blankstein http://latimesblogs.latimes.com/lanow/2010/10/clown-suit-activist-arrested-on-suspicion-of-threating-bell-city-staffers.html

[Ayatollahgondola]

Amazing how they have not said precisely what was the threat.

[ilbegone]

Amazing how they have not said precisely what was the threat.

It could be anything. Police reports tend not to be an accurate accounting of an incident, and are quite often greatly exaggerated into an entirely different incident than what actually took place.

Maybe the man got loud with "I want it now" (maybe disturbance of the peace), and the incident was related to or interpreted by the officers as "I'll beat your ass" (terrorist threats).

If nothing else, I believe the man will be threatened with a felony, then offered a plea bargain with probation to serve as a warning against ever coming back to LA County to "stir up trouble", a part of the currently popular "broken window" philosophy of law enforcement.

I understand there are various timings for charges to be filed and subject arraigned or released, depending on what the charges are and whether or not the subject is in custody. I believe the seriousness at which they are looking at him will be reflected in his bail, and whether or not his bail diminishes on a daily basis - regardless of the charges.

And, his bail is one million dollars. He had best retain quality representation.

[ilbegone]

The reason I'm posting this is to emphasize the necessity of keeping one's act clean - and, if possible, have witnesses with video shot in such a way it can't be immediately confiscated by LEO's before being reproduced - while performing anti-illegal immigration activism. I can tell you through personal experience (on the receiving end) that it's extremely easy to framed by someone who knows how to pull the strings.

This article has a little more information http://www.sbsun.com/news/ci_16399575

...arrested on a $1 million felony warrant for threatening Bell City Clerk Rebecca Valdez...

..."It was a pretty serious threat - serious enough to where a City Council member filed a police report"...


...Los Angeles County prosecutors charged Snell with one felony count of making criminal threats. He is scheduled for arraignment today in Downey Superior Court...


...Gibbons said Snell's situation all started with a Public Records Act request he made to the city of Bell on Aug. 11.

"He went back to (Bell) city hall on Aug. 27 and apparently was given his request, and that's when the alleged crime occurred," Gibbons said, declining to specify the threat Snell allegedly made to Valdez.

"I can't tell you because it's an evidentiary issue we cannot talk about outside of court," Gibbons said...

...Snell has two prior felony assault convictions out of Pomona...

...City officials in Bell had previously sought and obtained a civil restraining order against Snell...

...For years, Snell has been a fixture at Board of Supervisors and city council meetings up and down the state, donning his colorful clown costume, frizzy wig and oversize costume eyeglasses. Seldom does he allow any elected official behind the dais to escape a tongue-lashing.

But at Tuesday's Los Angeles County Board of Supervisors meeting, Snell was more reserved - dressed in a suit instead of a clown costume, Whitmore said.

When Snell stepped outside for a cigarette, sheriff's deputies moved in and arrested him...

Snell evidently didn't have a clue that a police report had been filed and a warrant issued for his arrest - such as happened to me.

I'm not taking sides concerning Snell, I wasn't there. However, this sort of thing is something to consider concerning possibilities - it wouldn't hurt to learn what one's legal rights are and staying within the boundaries concerning behavior which may otherwise be considered a violation of law.

[Patriotic Army Mom]

It will be hard for me to keep my mouth shut. Soon they will tell us how many sheets of toilet paper we can use at one time.

[ilbegone]

What I find fishy about all this is that that the Bell City Clerk didn't find the alleged incident threatening enough to contact the police herself, it was an unnamed council member who filed the report. Was the council member a witness to the alleged incident, or did he act on convenient hearsay?

Unspecified City of Bell officials had previously obtained a restraining order against Snell, which apparently lapsed or didn't apply under the circumstances - he's definitely an unwelcome outsider.

This smells like the dispensation of a "lesson". The city council obviously has some clout with the police department, perhaps an "appropriate" police report was forwarded to the DA's office.

Even if they don't have anything to convict him on, his bail is set high enough that he's not going anywhere, and it might be a month or so before they get around to providing him with a public defender to present a bullshit plea bargain - all the while in LA county general population - a pretty ugly place to be. If he rejects a plea bargain and the prosecutor has nothing to convince a jury beyond a reasonable doubt he stays in jail until the day of or day before the trial, forcing the defense attorney to prepare for trial, then drop the charges and release Snell - thus effectively punishing Snell by imprisonment without violating his "rights" plus "fining" Snell by costing him a lot of cash if he hired an attorney rather than using the public defender.

A further note. It's my subjective belief that it's not in a public defender's professional interest to piss off the court by effectively defending his "client", and it might be the same for a local attorney who "works" the same courts. I believe they all keep each other in business, and a naive jury can be a crap shoot for a defendant.

[Ayatollahgondola]

If the case goes to trial, let's get the records. In the meantime, we can write him and see if he'll respond.

[ilbegone]

Booking Number 2518265

Snell Edwin Thomas
Male
White
Born 12/21/1946
Age 63

As I said before, I don't know Snell, I don't know what happened in Bell since I wasn't there, and I'm not taking a position as to the merit of his arrest.

However, it stinks to me, I do believe he is being framed on account of his particular brand of political activism. Usually Law Enforcement and District Attorney spokesmen will give a description of the alleged crime to the media, but they are being tight lipped in this case. That leads me to believe they are still working on their story.

Snell seems to have had a lot of time on his hands prior to his arrest and a perpetually full tank of gas. He attended a wide variety of governmental meetings where he could comment in various jurisdictions. He doesn't seem to have been particular tactful in his commentary, from what I found at least some of it was baiting and personal, maybe some of it was off the mark.

He has a website dedicated to the recall of various politicians http://www.sbcountyrecall.com/ and otherwise a political recall list reputed to include but not limited to San Bernardino County District Attorney Mike Ramos and other various San Bernardino County regional politicians, Governor Arnold Scwartzenegger, and the city councils of Bell and Maywood.

A city council has quite a bit of influence over the police department, a significant portion of Bell city council members are facing criminal corruption charges (some are still wearing jailhouse orange) http://gawker.com/5669669/bell-california-clowns-menaced-by-clown and Snell may have been poking a stick into a hive of pissed off bees with his recall movement concerning Bell council members augmented by his public information requesting presence.

It's well worth considering that the police were contacted to file a police report by an UNNAMED BELL CITY COUNCIL MEMBER rather than the public employee with whom he was interacting.

A few descriptions of Snell's antics:

Jan 2009
Appearing before the board in a blue polka dot clown suit, a bushy black wig and a Postmus mask with a glass pipe affixed to the mouth, community activist Edwin Thomas "E.T." Snell grilled the board, alleging its lack of due diligence and ongoing history of corruption.
"Postmus is only the tip of the iceberg of the corruption in San Bernardino County," said Snell, 63, of Apple Valley. He said there was an undercurrent of "homosexuality and pedophilia" within the walls of county officialdom. He referred specifically to Postmus' reported homosexuality and former allegations that surfaced years ago against a now retired San Bernardino County judge.

SB Sun article

Aug 2010
Only two dissenters opposed her nomination during Wednesday’s hearing.* Activist Edwin Thomas Snell said he deemed her unqualified for allegedly not upholding the rights of prisoners. Another dissenter, Atty. Geoffrey Graybill accused Cantil-Sakauye of bias toward women in family law cases.
http://www.abs-cbnnews.com/global-filipino/08/26/10/panel-approves-pinay-chief-justice-nominee

Edwin Thomas Snell of Apple Valley – who called himself a clown community activist but wasn’t allowed to wear his costume Wednesday – argued that Cantil-Sakauye discriminates against the mentally disabled. http://inlandpolitics.com/blog/2010/08/26/sacbee-california-judicial-panel-backs-cantil-sakauye-for-chief-justice/

June- July 2008
Often regarded as little more than a nuisance by county officials, gadfly Edwin Thomas Snell may now become a bit harder to ignore.
Earlier this year, in his self-appointed crusade to rid San Bernardino County of corruption, Snell began the process of drawing up petitions to recall several elected officials. Snell embarked on the mission in March, some time before the law enforcement raids on the office of Assessor Bill Postmus and the arrest earlier this week of a top deputy of the agency.
http://www.pe.com/localnews/inland/stories/PE_News_Local_S_recall02.4a38ab9.html

Snell is well-known for his governmental harassment appearances in California.
http://copycateffect.blogspot.com/


Snell has a reputation for verbally berating public officials, and is known to wear his clown costume to meetings. He has earned notoriety as the "clown suit activist" and runs his own political website, to circulate recall petitions for state government officials.

He started a petition to recall Gov. Arnold Schwarzenegger last year. He recently tried to start recall movements for both Bell and Maywood city council members.
http://www.msnbc.msn.com/id/39781052/ns/local_news-los_angeles_ca/

[Ayatollahgondola]

They are holding him on a million dollars bail? A million for allegations of making a threat? That seems quite execessive.

I'm drafting a letter to him, but who knows if he'll answer

Inmate Name, Booking Number
PO BOX 86164
Terminal Annex
Los Angeles, CA 90086-0164

[ilbegone]

They are holding him on a million dollars bail? A million for allegations of making a threat? That seems quite execessive.

I'm drafting a letter to him, but who knows if he'll answer

Inmate Name, Booking Number
PO BOX 86164
Terminal Annex
Los Angeles, CA 90086-0164

He can't talk about the incident - they read his mail mail. Besides, it may not get to him, or they might not provide him with writing materials at the county level. County corrections officers are nearly all gaping assholes. I was contemplating sending him some paper and stamped envelopes, but meth has been smuggled into jail with stick on devices. His money on the books is probably what he had on his person at time of arrest.

Same thing happened to me concerning bail. A false police report concerning myself (terrorist threats) eventually found itself in front of the city council where I was living at the time. The cop who arrested me (and searched my house without a warrant) said that except for the pressure placed through the political structure they wouldn't have bothered with me.

In my case my bail was $250,000. I asked the judge at my arraignment for release on my own recognizance - he looked straight through me and icely said "I don't think so". After about 20 days they provided me with a public defender who expressed puzzlement as to why I was being held, they didn't have anything on me. However, he also explained that if I didn't take the plea bargain, I would stay in jail to await trial.

I took the plea bargain for a minor misdemeanor conviction, sentenced to time served, and tossed out of the facility in the middle of the night.

I have asked several police officers and one prosecutor of various jurisdictions over the years about how I was set up and they all said that the scumbag who did it to me knew what he was doing.


I don't know Mr. Snell, and I might not like him if I did, but this smells like a railroading to me. Regardless of what a pain in the ass the man might be, the legal system should never be misused in such a manner.

[Ayatollahgondola]

If he's being railroaded, he will want people on the outside to know what they are accusing him of. He doesn't have to mention his side of the story, but just relay what they are accusing him of threatening him with.

[ilbegone]

If he's being railroaded, he will want people on the outside to know what they are accusing him of. He doesn't have to mention his side of the story, but just relay what they are accusing him of threatening him with.

It's not that easy.

He will be given a sheet of paper which states a penal code violation. It's not anything more than may have been been provided to the press, just a Penal Code number and a bail amount. No further details. And he himself cannot discuss it further without jeopardizing his case. One should never say anything which may incriminate oneself including that which includes a blow by blow account by which one may be compromised - regardless of how innocent one is of the charges filed.

You have no idea what may have went on without having been a witness yourself or hearing honest testimony. And I will tell you that the one jury I served on maybe twenty years ago saw everyone who testified on either the prosecution or defense side without exception lied their asses off, it was evident in their body language and the way they talked.

It's a crooked racket.

[ilbegone]

California Criminal Threats Law

California Penal Code 422

Section 422 of the California Penal Code makes it illegal to make criminal threats (formerly called " terrorist threats"). A criminal threat under California law is a threat of immediate harm made to another person when the defendant intends to, and does, cause fear in the person threatened.

The punishment or penalty for criminal threats in California is up to three years state prison. Criminal threats is also now considered a strike under California's three strikes law.


The Elements of the Crime of Criminal Threats

1. The defendant willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on another person;

2. The defendant made the threat orally or in writing or by electronic communication device;

3. The defendant intended that the statement be understood as a threat and intended that it be received by the other person;

4. The threat was so clear, immediate, unconditional, and specific that it communicated to the other person a serious intention and the immediate prospect that the threat would be carried out;

5. The threat actually caused the other person to be in sustained fear for her or his own safety or for the safety of her or his immediate family;

AND

6. The other person's fear was reasonable under the circumstances.

o Someone commits an act willfully when he or she does it willingly or on purpose.

o In deciding whether a threat was sufficiently clear, immediate, unconditional, and specific, consider the words themselves, as well as the surrounding circumstances.

o Someone who intends that a statement be understood as a threat does not have to actually intend to carry out the threatened act (or intend to have someone else do so).

o Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.

o Sustained fear means fear for a period of time that is more than momentary, fleeting, or transitory.

o If a threat is intended to and does induce a sustained fear, the person making the threat need not know whether the threat was actually received.

http://www.shouselaw.com/criminal_threats.html

[ilbegone]

This shows the crap they have going on.

Bail schedule in Sacramento county for PC 422 Criminal threats is only $25,000 - not one million dollars. http://www.saccourt.ca.gov/criminal/docs/felony-misdemeanor-bail-schedule.pdf

In LA county it's $50,000 bail for PC 422 criminal threats - not one million dollars. http://www.lasuperiorcourt.org/bail/pdf/felony.pdf

There is more here than mere criminal threats as per the law, the politics in the man's arrest are evident.

[Ayatollahgondola]

Threatening Life of or Serious
Bodily Harm to Public Official,
Staff, or Member of Immediate
Family
$250,000

[Rim05]

I am not an attorney and I have never had any kind of legal problems, however I have known some in law enforcement and I have known some who worked in and around law officers. I have know relatives of officers who told about what they do and to the ones they do these things to. Most ask that I not repeat these things.

In todays political world, I would just say think before you speak. These are not the GOOD OLD DAYS.

[ilbegone]

It came to me this morning how LA county will justify Million dollar bail for Snell rather than 50k for PC 422 or 100K for PC 76.

Snell is a two strike felony offender in LA county, and with a third felony strike, he faces life in prison. Bail for charges which generally would result in a life in prison or death sentence if convicted have million dollar bail figures.

DA Cooley's office has stated that they would probably pursue Snell's case as a second strike.

I found envelopes at the post office which have prepaid postage, the postage is printed into the envelopes (no stamps) - 54 cents each. I'll send the envelopes Snell with his name in the upper left hand corner (maybe it will discourage Corrections Officers from pilfering the envelopes for personal use) along with some paper. He'll have to get a writing instrument from the COs.



LA County bail schedule

76 THREATS TO THE LIFE OF AN OFFICIAL OR JUDGE ..........................................100,000 http://www.lasuperiorcourt.org/bail/pdf/felony.pdf

Sac County bail schedule

76
Threatening Life of or Serious
Bodily Harm to Public Official,
Staff, or Member of Immediate
Family
$250,000 http://www.saccourt.ca.gov/criminal/docs/felony-misdemeanor-bail-schedule.pdf

San Bernardino County bail schedule

76 THREATS TO THE LIFE OF AN OFFICIAL OR JUDGE… 250,000

422 THREATS TO COMMIT CRIME OR GREAT BODILY INJURY… 50,000

http://www.sbcounty.gov/courts/pdfs/misc/felbail.pdf

My early 90's case in San Bernardino County was a 422 charge. I don't know what the bail schedule was then, but it is 50k now, no reason to think they would lower it over 20 years. They nailed me with 250k bail.

My frame up didn't start with city hall, the false police report was made an issue in front of the city council after about three weeks or so.

[ilbegone]

I am not an attorney and I have never had any kind of legal problems, however I have known some in law enforcement and I have known some who worked in and around law officers. I have know relatives of officers who told about what they do and to the ones they do these things to. Most ask that I not repeat these things.

In todays political world, I would just say think before you speak. These are not the GOOD OLD DAYS.

True. There is some nasty stuff that goes on.

Perhaps timing, picking the battle, or maybe knowing when to back off and let the situation work itself out might have been a good thing for Snell to do, but long distance hindsight is extremely easy to dispense.

There are people in the City of Bell fighting to stay out of jail and / or keep a political career - maybe the only thing they know to make a living. After Snell's recall attempt in Bell and his general pain in the ass presence in addition to the corruption scandal / turmoil, it might have been sort of like walking in on a wounded bear for Snell to be making public information requests in Bell...

[ilbegone]

I stopped by the post office again yesterday and spoke with a clerk who guessed right away what I was up to. She asked "are you mailing envelopes to someone in an institution"? She also told me that a return receipt would delay delivery, she's heard that the guards don't like signing for anything.

Anyway, the postage paid envelopes are 54 cents each, and a larger envelope big enough to include a pad of paper as well is 99 cents plus postage for it all.

I also inquired of a former "guest" of LA county. He told me that paper and a pencil can be obtained from the guards, but envelopes and stamps are hard to come by. He said to get envelopes which have the stamp embossed on them, that incredible as it sounds drugs get smuggled into jail under stamps, and take the metal tab off of manila envelopes and seal it with tape only - some prisoners are very creative in taking anything metal or plastic and fashioning weapons. The inference to me is that either delivery will be delayed or maybe not forwarded to the prisoner at all with the tab. He also said that any writing instruments sent will be confiscated by the guards.

[Patriotic Army Mom]

They gave my son the 6 stamped envelopes that I sent. The post office licked the stamps although the prison had no way of knowing that. You need a paper from the inmate for a package. It gives you a list of what can be sent, weight, rules, etc. The paper must be attached to the package when it's sent. In order for the inmate to get pencils, ect, is to send them a Postal money order with their name and booking number on it. My son will not get any more from me, until he's sent a $20.00 money order for Christmas. I also folded the envelopes and put them into a small manila envelope. Hope this helps you.
Wish I didn't even know about this stuff.

[Rim05]

Perhaps timing, picking the battle, or maybe knowing when to back off and let the situation work itself out might have been a good thing for Snell to do

That is so true. I have seen people who could just not let it go. Something like I am right and you can not tell me what/how to do it. Most of the time it has not been to their advantage. There is a time to talk and a time to Shut Up.