A Santa Barbara man charged with driving under the influence was escorted out of his Santa Barbara County Superior Court hearing Monday morning.
Peter Lance, 63, is facing a misdemeanor DUI charge as a result of his arrest in the early morning hours of Jan. 1.
A freelance journalist, Lance has publicized his case through a five-part series he wrote for the Santa Barbara News-Press about his arrest and his investigation into the credibility of the arresting officer, Santa Barbara police Officer Kasi Beutel. Among Lance’s allegations are claims that his signature and those of other defendants were forged on police report documents.
Beutel and the Santa Barbara Police Department have denied the allegations.
About two hours into Monday’s hearing, Judge Brian Hill asked Lance to leave the courtroom when he began addressing Hill, despite Hill’s instructions to only address the court through his attorney.
Lance stood up, gathered his things and was escorted out by a Sheriff’s Department deputy who held one of Lance’s arms as they walked.
Hill is the third judge assigned to the case and he spent much of Monday’s hearing as a referee of sorts between Deputy District Attorney Sanford Horowitz and defense attorney Darryl Genis.
Hill told the two parties he was “discouraged with the discourse” between them and suggested they not communicate outside of court if they can’t do so civilly.
Earlier in the pre-trial process, Hill had issued a gag order against Lance, saying he wanted to review the confidential Superior Court documents Lance acquired through a court clerk’s mistake before any of the information was published. Lance published some of the information, which concerned Beutel, in his series.
At last week’s hearing, Hill acknowledged the newspaper’s right to publish the material but he defended his order, saying he was concerned about publicizing confidential information that was protected under state law, especially since he had no idea what it was.
Cameras were excluded from the courtroom Monday, and Horowitz has filed a motion regarding California Rules of Professional Conduct, which would limit what people involved in the case’s investigation or litigation can say outside of legal proceedings. Hill has not yet heard the motion.
Monday’s hearing continued from last week, and Genis again outlined the defense’s theory, which focuses on Beutel’s credibility.
Among other things, Lance alleges that his signature on a police document was forged and he has brought several witnesses forward who report similar experiences.
When someone is pulled over and suspected to be driving under the influence, that person has the option of providing a blood or urine sample that can be re-tested later. The document in question, a Trombetta blood and urine test waiver, waives a person’s right to provide a blood or urine sample.
The witnesses, including Lance, allege their signatures were forged. They say they did not sign the Trombetta waivers yet their names appear on the signature lines.
As part of the court’s investigation, Lance and the other witnesses, as well as Beutel, will sign several copies of the waivers. Handwriting experts will examine the signatures, including the alleged forgeries, to determine if they were all written by the same person. Two young men testified and signed copies in open court last week, and two young women signed copies Monday. Lance and Beutel will provide handwriting samples at the next hearing, which is scheduled for Friday.
Genis asked Hill to limit the number of police officers allowed in the public court proceedings, saying some of the witnesses last week found the officers’ presence, in addition to court bailiffs, to be intimidating. Hill denied the request.
One man stood up and clapped loudly in support of Genis and was expelled from the courtroom.
— Noozhawk staff writer Giana Magnoli can be reached at gmagnoli@noozhawk.com. Follow Noozhawk on Twitter: @noozhawk or @NoozhawkNews. Become a fan of Noozhawk on Facebook.