Phoenix Manifestation Law Conviction being Appealed by ACLU
There are two critical issues in Monica Jones's appeal that is getting a lot of media attention. The issues could apply to the Temple and other cases.
The ACLU on appeal it seems is going to argue lack of intent on her part and the constitutionality of the Phoenix manifestation law. The law makes it illegal to ask an officer if he is a cop. Of course, LE will lie so its a dumb question. But is asking if someone is a cop, protected free speech or a crime - as it is under the Phoenix law.
Sadly some media reports twist the facts of her trial and try and makes it a profiling transgender issue which had nothing to do with the case at trial - I was at the trial.
Even the ACLU site totally misrepresents the facts that all she was doing was "walking while Trans." However, the AP wire services, and most local media have a more accurate account.
The case was just filed, but is not yet in the public record. I am very anxious to read the Appeal brief once available. The ACLU attorney at trial was outstanding on the real issues. Based on Monica's own admissions on the stand the judge easily found her guilty and sentenced her to 30 days in jail since this was her 2nd prostitution related conviction. The judge deferred the constitutional issues to be decided on appeal.
Facts admitted by Monica at trial
1) She was in a sexy dress walking with breasts hanging out in a known area of prostitutes.
2) The police officer parked in a lot ahead of where she was walking. She approached the police car.because the officer was cute, she testified.
3) The officer testified she exposed her breasts to him at the car window. She denies it but admits breasts were hanging out and was dressed in sexy short dress. She kind of joked about how sexy she looked in her testimony.
4) She admitted grabbing his genital area and asking if he was a police officer.
The ACLU attorney stuck to the facts, and did not raise the issue of the silly media hype of "walking while Trans" that is how the TS community is reporting.
The more accurate full AP wire report with a more full version is at
http://ktar.com/22/1756147/Transgend...ion-conviction
While her case is not that good to defend, the important legal issue is the constitutionality of the overly broad manifestation law and the issue of "intent" that could apply to other cases. I would argue the prostitution law is also overly broad a vague and the intent issue is key in other cases such as the Temple.
Phoenix Manifestation Law Conviction being Appealed by ACLU
