Washtenaw County prosecutors dismiss trespassing charge against homeless camp leader
Washtenaw County prosecutors dismissed a trespassing charge today against a homeless man living in an encampment along the I-94 interchange at Ann Arbor-Saline Road, officials said.
Caleb Poirier, 33, walked out of Ann Arbor's 15th District Court district court today free of criminal charges. And he's determined to help raise awareness for the region’s homeless, which he says face this type of legal scrutiny on a regular basis.
Caleb Poirier was arrested on a trespassing charge in September at the homeless encampment.
“This happens to people every day, and it’s like a tree falling in the forest with no one around to hear it,” Poirier said of what he calls the criminalization of homelessness.
Poirier, 33, is the organizer of a homeless tent community called Camp Take Notice, which was located near the park-and-ride lot along Ann Arbor-Saline Road.Â
Michigan State Police arrested him there twice in a five-day span in September for trespassing on public land. The group of about 30 people was forced to move from the location near Arborland Mall in August.
Poirier was charged with trespassing, a misdemeanor offense punishable by up to 30 days in jail.
Caleb and Ann Arbor-based civil rights attorney David Blanchard argued he was within his rights to sleep and occupy public land since he is barred from being on private property.
The American Civil Liberties Union of Michigan agreed and sent the court a legal brief that called the charge akin to cruel and unusual punishment under both the U.S. and Michigan constitutions.
The ACLU insisted the charge be dropped, arguing it punishes Poirier and other homeless people for harmless life-sustaining conduct like sleeping.
Blanchard also argued additional police reports indicated that at the time of Poirier’s second arrest, the group was granted some undetermined time period to find a new location.
County Chief Deputy Assistant Prosecutor Steve Hiller said last week a prosecutor would take a closer look at the case, including the ACLU's brief, before proceeding. He said today prosecutors were not initially made aware of the grace period, which impacted the legal definitions of trespass.
“You have to be on the property without permission,” Hiller said. “Once that grace period was reported to us, we felt it wasn’t right to go forward.”
Blanchard said Assistant Prosecutor Brenda Taylor stopped short in today's hearing of saying a crime didn't occur, but acknowledged they would have had difficulty winning at trial.
District Judge Elizabeth Pollard Hines dismissed the charge without prejudice, meaning prosecutors could theoretically bring it again. Hiller said he didn’t expect that to happen unless some radical, new information comes to light.
Poirier said he'll return to the encampment today, which is now located on the other side of the same interchange along Ann Arbor-Saline Road. With expanded homeless shelters operating in the county, he said the number of people there on a regular basis has dwindled to less than 10.
Anyone interested in more information about the camp or how to help should visit www.tentcitymichigan.org or e-mail missionA2@gmail.com.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
M.
Fri, Jan 8, 2010 : 10:58 a.m.
UMICH2008 - Do you know the individuals you are speaking of, or are you lumping every one of them into the same group and blaming them all for the acts of a few? Are the people who you want prosecuted for panhandling the same individuals from the camp? Did you know that you can be malnourished without being skeletal? When you're living on practically nothing, you're going to eat whatever you can get regardless of the nutritional value. I think any able human being in the USA is going to manage some way to find a little food often enough to keep them alive regardless of circumstance. Have you seen all of the clothing drives to get coats and blankets for the homeless? I'm sure plenty of people donate brand new/lightly used winter coats, not just old tattered and ratty "homeless looking" coats. Lastly, have you seriously seen someone getting out of a brand new car to walk over and panhandle? You also made it sound like you've seen this more than once. I have trouble believing it. Sounds to me like you doubt most of these people are actually homeless or even struggling at all.
essene
Thu, Jan 7, 2010 : 7:03 p.m.
LGChelsea, You say "There was little homelessness in our country before Ronald Reagan came to office?" Maybe not in Chelsea, LG, but you should have tried hitchhiking out west where you can see what's happening (no trees). Here the woods can hide a lot from passersby even in the winter, as Poirier well knows. From my 60,000 miles of hitching cross country then, many people had no visible means of support and were desperate for rides. If they looked like bums no one picked them up, and they walked, hid, slept, stayed. Some beat to death, some died on the road. Many folks lingered in terrible encampments near rail yards. Get a real life and stop dreaming, LG.
essene
Thu, Jan 7, 2010 : 6:34 p.m.
good call!!!
adameichner
Thu, Jan 7, 2010 : 10:59 a.m.
bluegoose: Prosecutors have an ethical duty to provide full disclosure as to all material facts to the case withing their possession. They also have an ethical duty to not prosecute cases they believe do not have the merits to end in conviction. Further, and this will probably tickle your conservative leanings, it would be a waste of your precious taxpayer dollars for them to pursue cases that have meritorious defenses known to them up front. Finally, it will "head off" any possible future litigation against the county for what might be construed as "malicious prosecution". That way they aren't giving fodder for what you would likely deem our "overly litigious" attorney corps.
Jackietreehorn
Wed, Jan 6, 2010 : 6:56 p.m.
I just took the time to read a long post by gamebuster. Right after they advocated "compensation" for Caleb, apparently because he wasn't provided transportation from the jail, they complained that he had to run 40 minutes to his Grandma's house. What? First, congrats on the cardio fitness. Second, a relative with a house within running distance from the jail?
jasonburns
Wed, Jan 6, 2010 : 5:53 p.m.
Does the delonis shelter have bunk beds or single beds? I think we could double the capacity of the shelter if they had bunk beds? People should not be sleeping outdoors.
blugoose
Wed, Jan 6, 2010 : 3:59 p.m.
Hey MDOT...Time to clear cut and mow the other side of the freeway now. Hiller and Mackie: Usually the prosecutor will leave the defense to the defense atty, not intentionally inventing a hole in their own case to let themselves off the hook for a politically unpopular, yet legally founded case that was brought before you. Way to cave in to the dirty hippies...
adameichner
Wed, Jan 6, 2010 : 2:01 p.m.
UMICH2008. you started strong and finished strong, despite all your fear and anger in the middle. I'll republish the strong points of your screed, and delete the "I don't need to worry about homelessness or feel compassionate" part in the middle. Here goes (your good points): Isn't it important to determine why most of these people in this particular group are homeless? Hooray! Yes. Good Start! Donate to the Salvation Army, United Way, or some other legitimate NPO. Excellent! Generous ending. Hopefully the middle part, where you rip on the people you've never met, (the ones who weren't skinny enough to be at real risk) helped you relieve some of your inner turmoil over this very scary and difficult issue.
Umich2008
Wed, Jan 6, 2010 : 11:55 a.m.
Isn't it important to determine why most of these people in this particular group are homeless? We go from blaming past presidents to current situations without even discussing why these individuals are there in the first place. I believe everything that happens to us is cause and affect from choices we make. Sure, I can blame the stupid polices of Clinton to ensure as many Americans owned homes regardless of their ability to pay for them, consequently, sharing some blame for the housing market crash. We could blame people for buying homes based on anticipated income. We could blame those with addiction for having made the choice in the first place to abuse. Or these people could be making a political statement. They are not malnutrioned or homeless looking. If they aren't actually guilty of trespass, how about prosecuting them for panhandling at the interchanges and Arborland exit. I have seen these clowns walk from a nearby parking area, leaving a new vehicle as they beg for our hard earned money. It is a scam people. Quit giving to these leaches. Donate to the Salvation Army, United Way, or some other legitimate NPO.
gamebuster
Wed, Jan 6, 2010 : 11:46 a.m.
Appreciation and respect go to Caleb Poirier. Correct! He himself is a homeless, unlucky psychiatric patient for years. He stayed 2 years in Seattle, and witnessed how homeless people establish tents on sanctioned land from churches to keep sustainable life. When Caleb back to Ann Arbor, he found out so many homeless people slept on chairs in the warm center at Delonis Shelter for years. (Luckily, from 2009 Dec 1. the chairs were replaced by cots, thanks a lot as administrators listen). Caleb started building tent city for people without home. It's not fun to sleep out there in winter. Please check hospital record, Caleb almost lost a finger in 2008 by frostbite. Don't say, cosy tents, new-look shirts, or Wi-Fi....When the tents blown off by strong wind, I couldn't even stand longer than 40 minutes to fix those tents, your toes feel frostbites first. They're still sleeping out there. Caleb slept through 2008 all winter out there without a heater, and he refused to leave the saline-ann arbor site is to arouse the awareness of the housing shortage problem. Years ago, Old YMCA low-income apartment demolished, not yet replaced. We have tenants there turned to homeless on the street? Washtenaw County dropped the charge, it's good news. But I personally want to request a compensation for Caleb, as the county jail released him 5 o'clock in the morning, no one was contacted, no psychiatric medicine was allowed. He ran 40 minutes in the cold with thin T-shirt, swimming pant to his grandmom place. Trust me, this guy suffers too much! If you can drink the bitter cup like his, you're allowed to say mean thing!
gamebuster
Wed, Jan 6, 2010 : 10:54 a.m.
People need not be so mean. The tents look new/ Some of them are from Vineyard Church. The 2 tents in the picture was from the board member of "Mission" Robin Rich. She used her own money to make donation. The homeless man "Caleb Poirier" arrested in the picture has been taking mental medicine for over 13 years. You could check out the medical record at U of M record. The new-look T-shirt was from "Dumpster Diving" by me and my kids in 2009 summer nights at UM Family Housing. The new-look swimming pant was $3 from K-mart for his birthday. Caleb Poirier wore this swimming pant the whole summer no matter where he went. Is such life too extravagant for the homeless people?? All I said is true, Adam told the right thing too. I dare to put my hand on Bible and say it again!!
Life in Ypsi
Wed, Jan 6, 2010 : 10:37 a.m.
*Response to clown fish: I have worked with people who are homeless and / or mentally ill for a long time. Reopening institutions is not the answer! So many of my clients have PTSD from institutional living. Imagine being restrained against your will, all your rights taken away, no choices or say so about anything, cockraiches crawling all over you, abusive staff members, being victimized by other residents, unable to have romanitic relationships or friends. All because one is labeled mentally ill. Supportive living in their own apartments is a much better idea in my opinion. Even people who are mentally ill deserve to choose their own path.
Atticus F.
Wed, Jan 6, 2010 : 10:20 a.m.
Bravo to the Washtenaw County prosecutors office for having some understanding and compassion. This is one more reason to say I'm proud to be a resident of wastenaw county and a resident of Ann Arbor. If this had happened in a more conservative part of the country, They would just assume lock these people up in prison and throw away the key (at the tax payers expense).
clownfish
Wed, Jan 6, 2010 : 9:24 a.m.
Wonderful take on the situation and a fine preempt of the usual "lazy bums" comments to be expected from those with good jobs and little conscience, ADAM!! If one really, really has to look to politicians for blame think back to the 80's and 90's when a certain governor of MI decided to save tax dollars by closing mental health hospitals across the state. Yep, your taxes went down, and now you get to have the least fortunate mentally ill in your public areas, making it all the easier to pass judgment upon them for their inability to function in our society. WWJD?
Mike D.
Wed, Jan 6, 2010 : 8:07 a.m.
The myth of the welfare queen, or in this case the homeless queen, is apparently alive and well. As sad as the above story is, I find this conspiracy theory a little amusing. What is the "homeless agenda?" Is it like the "gay agenda" but substituting North Face for Versace? What, exactly, do you think these homeless rabble rousers are trying to prove with their fancy tents and jackets? Did it ever occur to you that it is well below freezing, and if you're someone down on your luck who's been forced to sleep outside at night, you might invest your extremely limited resources in a warm jacket and a decent tent? And if, God forbid, you lose your middle-class job and your middle-class home, what would you take with you if you had nowhere to go? Your warmest parka and a tent, perhaps? It's shocking how heartless and/or ignorant some people can be.
adameichner
Wed, Jan 6, 2010 : 7:53 a.m.
also jackie, while I dig your style, it is important not to conflate cause and effect. law enforcement CHOSE to dedicate time an resources to this issue, where many cities across the country are allowing the tent cities to operate on public land. so it might be at least slightly innacurate to make your "Read" of this as a publicity seeking press conference. this was folks trying to live. Also -- I have an orginal copy of "logjammin" I was hoping you might autograph for me?
adameichner
Wed, Jan 6, 2010 : 7:50 a.m.
yeah. if you become homeless, there should be legislation out there that you don't get a roof until after you've handed in your cell phone. jackie treehorn treats objects like women. remember that.
Jackietreehorn
Wed, Jan 6, 2010 : 12:37 a.m.
In an effort to appease this group, MSP command allowed them several days to pack up and find another spot. MSP wanted to avoid the type of public scrutiny that would follow hammer-tossing all of these tents into a dump truck. Go figure. I think it's shameful for a group to waste law enforcement's limited time and resources to pointlessly advance their agenda. P.S. I have a fundamental problem with "homeless" people breaking out their blackberrys to blog about it as soon as these arrests were made.
LGChelsea
Wed, Jan 6, 2010 : 12:24 a.m.
No, voiceofreason, not Bush, try Reagan. There was little homelessness in our country before Ronald Reagan came to office.
voiceofreason
Tue, Jan 5, 2010 : 9:13 p.m.
Mr. Briegel, Surely there is some way we can blame "Camp Take Notice" on the "Bush Crime Family". No?
essene
Tue, Jan 5, 2010 : 9:04 p.m.
Great decision!
whateverhappenedtoA2
Tue, Jan 5, 2010 : 8:59 p.m.
Adam Eichner. I think most people will agree with your comments. Squaters have been in the area of Ann Arbor-Saline and I-94 for many years. Their impact on the area has been minimal. I'm in the camp of "those poor souls arn't hurting anyone". I also feel shame at the way mental health in michigan has been allowed to all but evaporate. Leaving countless patients in the lurch. The only chance they have at getting care. Is in the penitentiary. Hardly a society we can be proud of.
David Briegel
Tue, Jan 5, 2010 : 8:10 p.m.
Hey Adam, unreasonablevoice proved you were correct!
voiceofreason
Tue, Jan 5, 2010 : 8:04 p.m.
Those are some awfully nice tents and clothes in the picture for people who claim to be unable to sustain themselves. Was "Camp Take Notice" also equipped with WiFi?
David Briegel
Tue, Jan 5, 2010 : 7:28 p.m.
Good for you Adam Eichner. Do you think our prosecutors can actually work with the judiciary to prosecute criminals effectively enough to keep them put away and quit harrasing homeless people and medical marijuana cases? Will our society ever adequately fund human services, especially mental health services for the less fortunate among us? What kind of society do we want?
John Hritz
Tue, Jan 5, 2010 : 6:50 p.m.
Thanks, adameichner!
adameichner
Tue, Jan 5, 2010 : 6:38 p.m.
I am guessing that there will be many upset people who comment below. They will raise the refrain of "dirty hippies" and "get a job" and "the government isn't protecting property rights". I will first acknowledge that among the homeless there are a percentage of thrill-seeking, buddha-wannabe runaways, who are "homeless by choice"... However, having worked with at risk-folks for much of my adult life, I know that the bulk of the homeless are: 1. People with mental health issues, including many veterans of the Armed Forces; 2. People among the nearly one in five Michiganders who have lost their jobs, and have no new jobs available to them; 3. Women and children who fled domestic abuse at huge cost; 4. People who made the bad choice of starting with addictive drugs and now cannot get clean due to our wholesale refusal to have a comprehensive, free and effective drug rehabilitation program; Private landowners have the right to control what happens on their land. They are right to ask people not to squat there, if they so choose, if they fear that allowing a community of homeless folk reside there might ultimately lead to some legal liability However, when I think of property like the Georgetown Kroger plaza, where a "private landowner" - either Mister Schubiner, or his successors in ($$$) interest have basically allowed it to become a haven for potential violent crime, and an eyesore to boot, I begin to wonder... What if Mr. Poirer and the squatters created a community there. While Schubiner might have the LEGAL right to ask the police to move them, based on his neglect of the property (i.e. failure to adequately fence it in to prevent it from so easily becoming a locus for crime) would he still have the MORAL right; or more importantly, might it be a place where the police might want to take a softer position on evicting people just trying to get by? We know the owner, who probably has plenty of money made on other more successful ventures, has decided, since this project is far from his own PERSONAL backyard, is thinking it permissible to allow the site return to its fallow, feral state. Perhaps JUSTICE would be served by allowing a homeless camp to be established there? Anyhow, whilst I know the wing nuts will also rail against the ACLU, I applaud their not allowing the state to make "trying to survive" illegal. Where does one go? Finally, we turn up our noses and become nauseous when we smell the putrifying flesh of the recently dead. I believe we have this visceral reaction because our inner animal finds the non-living state repugnant, and to be avoided. I think the visceral reactions of some of the folks who deride these homeless folks is very similiar -- they realize that, even when the best intentions and habits are followed, way are one personal or environmental catastrophe away from being those folks on the street. So instead of reacting with the "there but for the grace of G-d go I", they resort to the temporarily more "powerful" feeling "what the hell is wrong with THEM". Making sure to try to remember that they are NOTHING like us, and are therefore immune from the frightening predicament.
Mackael Randolph
Wed, Jul 3, 2013 : 4:18 a.m.
you sir. are a respectable human being!
Lokalisierung
Tue, Jan 5, 2010 : 5:27 p.m.
Good for him. Not happy with what's going on in your country/city? Take a stand, get some publicity for the casue, and no charges. Well done.