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.

QUESTION

FAIR JUDGMENT?

Do you think Merzweiler should be jailed? Leave your thoughts on our

Readers Hotline at 965-7175, send a fax to 965-7174 or e-mail

hbindy@latimes.com. Please spell your full name and city.