Felony conspiracy allegations collapse as SDS Humboldt organizer Rick Toledo fights repression

Eureka, CA – The case against SDS Humboldt student activist Rick Toledo is quickly unraveling. Months after university police raided his home and seized his electronics under allegations of a felony conspiracy, Humboldt County prosecutors have admitted they do not plan to charge him for conspiracy and now say they do not even need the electronics seized from his home.

Toledo, a student organizer involved in the Palestine solidarity and anti-war movement, was arrested by Cal Poly Humboldt police at his home around 1 a.m. on March 6. Police sought the warrant under allegations of felony false imprisonment and felony conspiracy stemming from a February 27 student protest.

Weeks later, police returned to Toledo’s home with a search warrant and seized phones, computers, cameras and hard drives under the guise that it was to investigate a “criminal conspiracy” among student protesters.

But the so-called conspiracy never actually materialized.

When Humboldt County District Attorney Stacey Eads finally filed charges, the felony conspiracy allegation used to justify the investigation was nowhere to be found. Toledo instead faces three bogus misdemeanors – assault, battery and false imprisonment. No alleged co-conspirators have been arrested, and the DA has now stated that they do not anticipate bringing additional charges. This just goes to show how weak and baseless the accusation was right from the start.

The aggressive police response stemmed from an encounter lasting only seconds at a February 27 protest. Toledo’s defense attorney made it clear that university police knowingly inflated the allegations into felonies, allowing them to secure a warrant, arrest a student organizer in the middle of the night and later search his home for evidence of a supposed conspiracy.

Toledo is fighting back. His attorney, Matthew Kellegrew of the Civil Liberties Defense Center, is challenging the arrest and search warrant, demanding the return of Toledo’s property. The defense’s position is that police violated Toledo’s constitutional rights and treated ordinary protest organizing and communication between activists as evidence of criminal conspiracy.

The prosecution made a damning admission during the August 10 hearing. When Judge Steven Steward asked Deputy District Attorney David Watson whether prosecutors actually needed Toledo’s seized phone and computer for their case, Watson answered simply: “No.” Yet nearly six months after the raid, Toledo’s property remains in government hands.

The case is part of an escalating campaign of repression against student activists at Cal Poly Humboldt. Students have organized around Palestine, opposition to ICE and other anti-war struggles, repeatedly putting them into conflict with university administrators and police.

Toledo has been consistently clear that these legal attacks are political. “I think it shows that she has it out for me personally, that she has it out for student activists and Palestine activists,” Toledo said of the university police officer who sought the warrant. The conspiracy allegation may have disappeared, but the damage caused by the repression has not.

University police and officials wanted to turn student organizing into a conspiracy. Instead, its own prosecution has abandoned the conspiracy allegation entirely.

Judge Steward is expected to rule August 31 on Toledo’s challenge to the warrants and demand for the return of his property. His misdemeanor trial is currently scheduled for September 28.

Toledo and his supporters are continuing the fight against political repression and demanding that the remaining charges be dropped.

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