ACJP Original Media

Mercury News: Dave Cortese, Molly O’Neal and Cynthia Hunter: Santa Clara County should keep current immigration policy

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cubanologyOPEDBelow is an op-ed authored by a powerful collective of civic leaders in Santa Clara County that just appeared in the Mercury News.  We thank Supervisor Dave Cortese, Public Defender Molly O’Neal and Executive Director of the Domestic Violence Advocacy Consortium Cynthia Hunter for courageously standing up to protect our policy.

We are asking folks to please share and add your support through online comments. Please know that when it comes to immigration issues, those who want to change the policy will be likely very active on the comment box. One approach is to accept that, and pay it no mind, but if you would like to engage on behalf of the beliefs espouse by the op-ed, please do. We have to let our leaders know they are supported by the public when they champion our positions. Thank you!

You can also email the Board of Supervisors to let them know to keep Santa Clara County’s Immigrant Detainer policy as is!

Mike Wasserman    mike.wasserman@bos.sccgov.org
George Shirakawa    supervisor.shirakawa@bos.sccgov.org
Dave Cortese    dave.cortese@bos.sccgov.org
Ken Yeager    supervisor.yeager@bos.sccgov.org
Joe Simitian    supervisor.simitian@bos.sccgov.org



Dave Cortese, Molly O’Neal and Cynthia Hunter: Santa Clara County should keep current immigration policy
<http://www.mercurynews.com/opinion/ci_22474917/dave-cortese-molly-oneal-and-cynthia-hunter-santa>
There is nothing more valuable to public safety than community trust in local law enforcement because it establishes residents’ willingness to report crimes and to cooperate with police. But that trust will break down immeasurably in immigrant communities if residents face the debilitating fear of potential deportation. Continue reading →

Harnessing the Power of Community Through Mitigation Packets: How Letters Beat a Juvenile Hall Sentence

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photo[1]A San Mateo family came to ACJP about 3 months ago after their attorney had heard us present to the Juvenile Private Defenders in San Mateo County on our work on mitigation.  It was after their 17 year old son had taken a plea in Santa Clara County but then was transferred to San Mateo County to decide on his disposition. This is usually the case for juveniles who allegedly commit a crime in one county but do not live in that county.  In this case, the crime took place in Palo Alto but they live in Redwood City.

They were told at an initial meeting by a probation officer in San Mateo County that he was recommending 30 days in-custody time for the young man. Not only could this be harsh for him, but it would expose him to potentially devastating immigration consequences.  His attorney had been impressed by the number of people who showed up to his first hearing in San Mateo, and she wanted ACJP to help in capturing that community support in order to help convince the judge for a different disposition.

In a short amount of time, we gathered letters from different mentors in this young man’s life — adults who had always seen him as intelligent, gentle, and carried leadership potential.  These words describing him were in many of those letters. Many of them said they didn’t know what to say, but it turned out they just didn’t know how to begin.  So we would say, “Just write about him — write your observations, how long you’ve known him, and what kind of support you think you can give him.”  In came a flood of letters — compassionate, heartfelt.  One woman who went to church with him and the family wrote, “I would ask the court to show him mercy, not because he doesn’t need to see the consequences of his actions, but because I don’t believe he’s too far gone to be helped and supported to make better decisions. That light is still in him. When I see him now, he’s still the same kid who’ll make an extra batch of French fries when company’s over; who’ll show up early or stay late to vacuum, decorate a room or load cars after church events. I know there’s a lot of good in that mind and heart of his and a very bright future ahead, if he can be made to see that.”

When this young man’s hearing came on Friday, the attorney prepared him and his family for the worst.  To the 12 family and community members who showed up in support, she said that she would still plead for an out of custody placement, especially pointing to the large community support that was willing to step up for him.  By the time she had met with the District Attorney and Probation Officer, she was beaming with excitement.  They had agreed to offer him a program that not only would be out of custody, but would remove his felony plea as soon as he completes a year of good behavior.  It was something even the attorney didn’t anticipate.  The letters — especially the one from his parents — made the difference.

As a result, this young man is home, and he can continue on with pursuing his dreams in life — of going to culinary school, fixing his immigration matters.  Being able to harness the power of community in a “packet” helps decisionmakers see the young person in front of them as more than just their case file.  We believe the justice system is ultimately colored by our own human eyes and sentiment, and being able to show the fullness of someone’s life and community not only changes the outcome of a case, but transforms the system as a whole. — Submission Post by Charisse Domingo

Home for The Holidays: ACJP Family Beats 35 Year Sentence for Crime He Didn’t Commit

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gabe
He faced 35 years in prison for a crime he didn’t commit. He needed life saving surgery while in jail. She fought for his freedom and his medical needs. As a result he got his surgery, and got out within months — no prison, and was released three days before his daughter’s birthday. Happy holidays, and may all loved ones separated due to injustice be together soon.

Keeping Families Together — Using Photographs to Show Why Loved Ones Should Not Be Deported

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cpThis week, we at ACJP worked with a family and their attorney to put together an almost 100 page mitigation packet to help support their loved one’s deportation proceedings and hopefully convince immigration officials to let their brother stay in the US.  Their brother and his siblings were victims of a horrific crime, one that has traumatized him and his family for years. 

One of the parts of the packet is a photo album of the family with their brother. Sifting through hundreds of photographs that their mother and sister very diligently kept, one photograph stood out.  This is a photo of the Christmas tree that they put up every year, and one of the most special ornaments is a picture of their brother with the family. He has spent nearly 9 Christmases away from them, struggling to fight his case.  They put the picture up as a loving message to him that he is with them, and hopefully soon enough –he will come home.

There’s Something About Mary’s Family: Bringing Loved Ones Home After Three Strikes Reform

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Mary (left) and her mother review paperwork to bring her brother home.

(Post by Raj Jayadev)

Mary came to the first Sunday ACJP meeting after the election with a new look in her eye, and sat with a calm yet ready presence of revitalized hope. Mary’s brother has been in the state prison system for nearly 20 years for a non-violent crime due to the Three Strikes Law. Prior to the passage of Proposition 36, Mary had been attending De-Bug’s ACJP meetings, regularly working with other families to try to find a pathway to bring him home. They explored the appellate process, poured over all of his paperwork, and called attorneys from numerous counties to find some avenue of relief. The odds seemed stacked against them, but Mary and her family maintained a hope in something that transcended the limits of probability, and turned a deaf ear on those who said to just give up.

A few months ago, one of ACJP’s lead facilitators, Blanca, started to talk to Mary about a proposition that was going to be on the ballot that could be the vehicle she had been praying for. That proposition, Proposition 36, would allow California voters to amend the Three Strikes Law so that the third offense would have to be a serious violent crime for it to result in a life sentence. And the change would work retroactively, meaning those who had been serving a life sentence due to Three Strikes would be able to get re-sentenced without the limited imposition of a life sentence. In short, some families, like Mary’s, who had been told they would only be able to see their loved ones in prison visits, would be able to bring them home. Continue reading →

PHOTO ESSAY: Sisters That Been There Celebration of Life Ceremony

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Congrats to Steeda, founder of Sisters That Been There, and the recent class of graduates! Followers of this blog know Steeda — the incredible leader from the De-Bug fam who created an innovative re-entry program for recently released women in Santa Clara County. Santa Clara County Probation was so impressed with Steeda, they supported the program through by integrated the project into their realignment plan. Much achieved, and much to come! Click on the image to see images from the graduation and read more about her work!

Families Can Transform the Courts: Mom Attends First ACJP When Son is Detained, Son Attends First ACJP When He is Released

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Rosie and her daughter Denise first came to our ACJP meeting at East Valley Pentacostal Church when Rosie’s son, and Denise’s brother, David was facing a life sentence for a crime he did not commit. The private attorney the family hired said the best possible resolution of the case would be for him to accept a plea deal of 7 to Life. Denise was fighting cancer, and before David was detained he was the main person helping Denise — taking her to doctor appointments, getting medications,and her other daily needs. Despite their medical issues, Rosie and her daughter would come to ACJP meetings every week to see how they could help David fight for his freedom. David and his family stayed united, removed the attorney, and got appointed an attorney from the Public Defender’s Office, and worked with that attorney to advocate for David. David was home with his family within a couple months. Above, on the left, is a picture of Rosie and Denise at their first ACJP meeting, sharing David’s story. On the right is a picture of David who came to his first ACJP mtg, just two days after his release.

SF Youth Leader Released After Community Takes Public Stance Against Wrongful Prosecution

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De-Bug’s ACJP joined up with family, friends, and supporters of Elvira Zayas — a young community leader in San Francisco to challenge her unjustified incarceration. While she is still fighting a misdemeanor offense, she is out of custody and back home after shedding fabricated felony offenses through the pre-lim exam. Check out the photos chronicling the emotional victory for family and loved ones who have fought for the release of Elvira for the last 3 weeks. Arrested on charges that were up to 10 years max, Zayas was released on Tuesday night at 9:30pm and reunited with family and community yesterday. Photos are taken by Elvira’s older brother Alex Zayas and Jean Melesaine. (Click image to see rest of photo essay.)

 

“Change the World From Here”

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This is a photo taken in front of the Immigration and Customs Enforcement (ICE) facility in San Francisco.  Adults who are jailed and youth who are detained and catch an ICE hold are sent to this facility so they could be processed for immigration proceedings.  One East Palo Alto youth remembers being shackled upon her release from Hillcrest Juvenile Detention facility in San Mateo County, put in a van where you can’t see what’s outside, and then taken here.  She was then placed in a room for “hours and hours” until she was put on a plane to go to a group home in Southern California, where she spent four months before being reunited with her family to fight her deportation proceedings.  

The flag that flies on a street pole by the detention facility reads “Change the World From Here”.  In a place filled with fear and uncertainty, hope comes in the form of the families who fight tenaciously for their loved ones’ release.  They all walk in the metal doors of the building knowing that they will bring their loved one home.  — Submission Post by Charisse Domingo

Back Home With a Harley — One ACJP Member’s Vision of Justice Comes True

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This photo was just sent to us from a small town in Georgia by a longtime De-Bug/ACJP member Benny Love. It’s an image of victory — evidence of a dream made real, that he wanted the rest of us in San Jose to see. It’s his Harley resting in the backdrop of the town he was raised in. He was able to pay for the trip home, and the Harley, with the settlement win he received against the San Jose Police Department a while back. A few years ago, Benny was the recipient of an unjustified tasing, and was wrongfully arrested. Rather then just take the deal, and the abuse, Benny refused to plead guilty to something he didn’t do and filed a complaint against the officer. Benny, an African-American man in his 50’s, was homeless living in San Jose at the time. All criminal charges were eventually dismissed. He came to De-Bug after someone referred him. Benny at the time was standing out on the corner with a homemade sign that read “Need a Lawyer.” De-Bug hooked up with a great attorney Michael Reiser who fought hard for him. The city eventually settled to avoid civil trial. Through the whole experience, Benny would tell us all he wants is to go back home to his family. Through his perseverance, he returned home, and did so with style — cruising in his new Harley. Miss ya Benny!