Disclosing chief’s address illegal, judge rules
Eron Ben-Yehuda
A judge on Monday upheld a law that allowed a Huntington Beach resident
to be jailed for maliciously disclosing the home address of the city’s
police chief.
Orange County Superior Court Judge Brett London decided that police acted
legally when they charged John Merzweiler, 49, with a misdemeanor last
July 4, Deputy Dist. Atty. Andrew Do said.
The fliers, which Merzweiler was handing out at Main and Walnut streets,
had Police Chief Ron Lowenberg’s picture on them, as well as directions
to his home.
Merzweiler, who has a history of accusing officers of police brutality,
showed malice at the time of his arrest because he “expressed
displeasure” with the police department, Sgt. Janet Perez said.
The attorney for the retired postal worker argued the law was
unconstitutional because the chief’s address, like that of every other
property owner, can be accessed at the County Recorder’s Office, court
documents show.
But the judge agreed with the purpose of the law, which gives police
officers special protection because the people they arrest may want to
retaliate against them, Do said.
A trial is scheduled for Dec. 6, although Merzweiler’s attorney may
appeal the judge’s decision, he said.
Merzweiler has been released from jail after posting bail, but he must
stay at least 300 yards away from the Police Department, the chief and
the chief’s home, court documents show.
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