One man has learned that he should keep his Hustler to himself.
On Friday, Feb. 20, public defender Judith Wilborn pleaded no contest on behalf of her 38-year-old client, David Sydney Potter, to one misdemeanor count for annoying telephone calls – or, in this case, faxes. Potter was initially charged with 12 misdemeanor counts after he faxed obscene material, along with Chancellor Henry Yang’s biography, to multiple fax machines on campus and at UC Riverside last spring.
District Attorney Greg Boller said he dismissed the other 11 counts pursuant to a sentencing agreement with Wilborn. Potter’s sentence consists of a $525 fine and a three-year probation, during which time he must obey all laws, submit to search and seizure and cannot contact, molest, annoy, threaten or harm any UC employees. If Potter violates any of the terms or conditions of his probation, he could spend 180 days in the county jail.
“This is a good resolution of the case because the conduct has ceased and the probation is a big incentive for the defendant not to repeat the behavior,” Boller said. “With six months of jail suspended, it is very unlikely that he would re-offend by breaking any laws, particularly the laws that relate to the distribution of obscene materials.”
Potter said in January that he sent the faxes after a late-night conversation with Yang in which he claims the chancellor was rude and said some derogatory remarks to him.
Yang and the other recipients of the faxes immediately turned the obscene material over to the UC Police Dept., which then obtained a search warrant for Potter’s Sierra Madre residence and seized pertinent items such as his fax machine and computer.
Boller said the material faxed consisted of a one-page biography of Yang and a page with obscene material that showed sex in an offensive way.
Wilborn said she cannot speak directly on behalf of her client; however, the sentence was agreed upon by Potter, and thus she believes he is satisfied with the outcome.