RECEIVED
JAN 26 1988
JAMES F. DAVEY

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

United States,                                              

	  v.                       Cr. No. 87-63-01
                                   Judge Charles R. Richey
Philip Joseph	
	Defendant.

MOTION FOR NEW TRIAL

INTRODUCTION

On December 15, 1987, I was convicted after a bench trial. Since the trial new evidence has been discovered. Therefore I hereby move this Court to reopen the record in this case to reconsider this new evidence.
The Court convicted me for "sleeping, or laying down bedding for the purpose of sleeping, "and storage of property.:"
Since my conviction I have obtained a Public Gathering Permit from the Park Service. Attached as Exhibit 1.
This Permit was issued to me on the basis of an application terms exibit 2.
At page 2, Paragraph 10 of the application ("plans for proposed event") the Court will notice that I have planned to "sleep" as part of the demonstration.
At page 2, paragraph 11 I have planned to have far more articles than I was accused of having at the trial.

CONCLUSION

If it had been apparent at the trial that a individual could obtain a permit to do what I was convicted for, and in light of the fact that groups of under twenty-five people may demonstrate without a permit, I would ask the Court to reopen this case and think about these matters just one more time.

1

Respectfully submitted,

/s/ philip joseph 1/26/88
Philip Joseph
P.O. Box 27217
Washington, D.C. 20038

CERTIFICATE SERVICE

I, Philip Joseph, hereby certify that a copy of the foregoing Motion To Reconsider was served upon Assistant U.S. Attorney Mark Dubester, by HAND on January 26 , 1988.

/s/ philip joseph 1/26/88
Philip Joseph