Southern California woman was found guilty of trespassing on a business or customer’s property and refusing to use a mask.
According to the Orange County Register, Marianne Campbell Smith was found guilty by a jury on Wednesday. Judge John Zitny of Orange County Superior Court sentenced her to 40 hours of community service, a year of informal probation, and a $200 fine.
Smith, 57 was taken into custody at Mother’s Market, Costa Mesa on August 15, 2020. This was where Smith was protesting against California’s mandate that masks be removed to stop the spread of coronavirus.
Todd Spitzer, Orange County District Attorney, stated that the case was about property rights in a statement before sentencing.
“The defendant wanted to make this about masks and freedom,” Spitzer said. “This trial was about a private business and workers just trying to comply with health orders. Instead she bullied her way around the store and yelled at masked elderly shoppers that they were part of a government conspiracy.”
Smith claimed she can’t wear a mask because of a medical condition. Her lawyer stated that she was only there to buy food and not protest.
“Justice was not served, but I accept it,” Smith, 57, said outside the courthouse. “Because it was important to talk about these issues today.”
According to the Register newspaper, this case was one of very few in which mask-related criminal charges have been brought against Orange County police officers. Instead, prosecutors and police have been focusing on education and outreach about coronavirus restrictions.
Another woman arrested with Smith previously accepted a plea agreement that required a contribution to a coronavirus relief funds. The third woman, who was also present with Smith, apparently fled before police responded.
Frederick Fascenelli, defense attorney, questioned Smith about why he wasn’t charged for violating the mask requirements that were added to Costa Mesa’s municipal code.
“This thing is all political,” Fascenelli said. “They are trying to shoehorn in these trespassing charges because they don’t want to touch the third rail of politics that is a mask mandate.”
