CopBlock co-founder wants judge to reconsider verdict
In a court filing, Concord lawyer Brandon Ross said the law was applied incorrectly, and Mueller should have been convicted of a misdemeanor, if anything. He also said Mueller, the co-founder of the police-monitoring CopBlock.org website, has a constitutional right to make sure the taped individuals — police Capt. Jon Hopkins, West High principal MaryEllen McGorry and a school secretary — are accountable to the public.
';It is unconstitutional to allow public employees to convert a privacy shield for citizens (the wiretap law) into a sword with which to attack citizen journalists for recording statements those public employees made while they were on the job and voluntarily interacting with the public,'; Ross wrote.
Mueller was convicted of recording telephone conversations with the three about the 2011 take-down and arrest of a West High student in the school cafeteria.
Mueller, who represented himself at the trial, received a three-month sentence. Ross, who is taking his case pro bono, filed a motion Aug. 23 to set aside the verdict.
It was rejected on Aug. 28, and Ross said he will file a motion for reconsideration, then an appeal if necessary.