De-Bug Media: Profile of a Public Defender Who’s From the Community He Serves

Andy Gutierrez, SCC Deputy Public Defender

Check out the profile of Santa Clara County Deputy Public Defender Andy Gutierrez. We first met Andy when he represented an ACJP family who’s grandmother was facing a 3 year sentence for an alleged dirty bottle. Everyone said it was a done deal – she was headed to prison. Gutierrez was determined to keep her with her family, and she ended up with an outpatient drug program instead. She is doing great, and it wouldn’t have happened without Andy.

By Diane Solomon — Andy Gutierrez defends poor people accused of committing Santa Clara County’s most heinous crimes. Before I spoke to him, his Deputy Public Defender job seemed awful and really hard to me. But when he explains his work, he conveys this sense of commitment, a calling to a higher purpose and enthusiasm.

“I always knew I wanted to go into criminal law because I just liked it. I like the science part of it; I like the investigation part of it. What happens when you have to champion the underdog all of the time is that the chips are always down, so your life is interesting because every person you have to help is usually an amazing challenge.” Continue reading

INVITE TO FREE EVENT: Bringing Our Loved Ones Home Through The Appeals Process (Friday March 16; 6 p.m at De-Bug)

ACJP Event Series Presents:

Bringing Our Loved Ones Home Through The Appeals Process

Featuring Michael Kresser; Executive Director,

6th District Appellate Program

Friday, March 16th 2012

6pm to 8pm

Silicon Valley De-Bug,

701 Lenzen Avenue, San Jose, California


Do you have a loved one who you feel has been wrongfully convicted? Many
families that come to Silicon Valley De-Bug’s Albert Cobarrubias
Justice Project have loved ones who are fighting their criminal cases
through the appellate process, or would like to start one.  The
appellate process is a way for a higher court to re-look at a lower
court’s decision.  The Sixth District Appellate Program is Santa Clara
County’s local office that handles appeals.  Come hear Michael
Kresser, Director of the Sixth District Appellate Program speak about
the appeals process, inspiring cases that he has won, and answer any
questions that you might have for him. 


Light refreshments will be provided.
Brought to you by:
Silicon Valley De-Bug
Albert Cobarrubias Justice Project (ACJP)
www.acjusticeproject.com
(408) 971-4965
Please feel free to share this invite with anyone who might be interested.
The ACJP event series is an effort to inform our families about the criminal justice system in order to create a more knowledgeable and empowered community. 

Ohio officer used stun gun on 9-year-old boy: San Jose Mercury News


What do you feel about anybody shocking a 9 year old boy for not going to school? makes you think twice about those shock guns the police carry right? – Post submission by Cesar Flores

MOUNT STERLING, Ohio — An Ohio officer whose use of a stun gun on a child resulted in the shutdown of a village police force said he shocked the boy twice as the 9-year-old lay on the floor with his hands underneath his body.

Details of the Mount Sterling incident released Monday say the boy was warned before the officer shocked him at his home last week following a truancy complaint from the sheriff’s office.

The officer said the child begged his mother to let him go to school instead of with the officer, but she refused, telling him it was too late. The officer said he eventually tried to pull the boy, whom he described as at least 5-foot-5 and 200 pounds, from a couch when the boy dropped and “became dead weight,” kicking and flailing.

He says he fired a warning shock with the stun gun and that the child’s mother told the boy to obey the officer so he wouldn’t be shocked.

Tracy Comisford, an attorney for the boy’s mother tells The Columbus Dispatch the woman did not expect the officer to use a stun gun when he came to arrest the boy.

“She certainly never wanted this to happen,” Comisford said. Continue reading

New York Times: Go To Trial – Crash the Justice System by Michele Alexander

Many times – -the 98% plea rate in Santa Clara County continues to allow the District Attorney to insist on–and to threaten– long prison sentences because in essence –we have allowed the DA to continue to hold all of the cards. The we in this case being our legal representatives — mostly the institutional public defender system– that we pay the taxes for to keep them in existence. In this editorial that appeared in the New York Times, Michele Alexander talks about how if the justice system can be turned around if more people just insisted on their cases going to trial.  Submission Post by Aram James

OPINION

Go to Trial: Crash the Justice System

by Michele Alexander
Photo by Edward Keating
New York Times
SAturday, March 10, 2012

After years as a civil rights lawyer, I rarely find myself speechless. But some questions a woman I know posed during a phone conversation one recent evening gave me pause: “What would happen if we organized thousands, even hundreds of thousands, of people charged with crimes to refuse to play the game, to refuse to plea out? What if they all insisted on their Sixth Amendment right to trial? Couldn’t we bring the whole system to a halt just like that?”
Continue reading

One Love Movement From Philly Comes to De-Bug

Debug ACJP team met with a group from Philly who calls themselves “One Love Movement.” They’re fighting against deportations; does this sound familiar? We shared strategies, heart-felt stories. We embraced them with Debug family love. Thank you “One Love Movement” for coming down to San Jose, CA for taking the time to be part of our movement and sharing with us what you’re doing up in Philly. We are “One Love” and with the power of the community and people who care, we shall make a difference. – Post Submission by Blanca Bosquez

Check out this video of our friends our in Philadelphia:

Coming Up: Bills on Juveniles, Reentry, and Sentence Enhancements

Our friends at the Criminal Justice Information Network sent us an update on upcoming bills coming out of Sacramento that impact our communities. Checkout the descriptions of five below. We met one of the authors of AB 1706, the one about jury trials for juveniles facing strikes, and she makes some powerful arguments. — Posted by Raj Jayadev

From the Criminal Justice Information Network — The Assembly Public Safety Committee has scheduled its next hearing for March 20th. The Senate Public Safety Committee will hold its next hearing for March 27th. Letters of opposition or support are due to the Public Safety Committees one week prior to the hearing in order for your organization to be listed in the committee analysis, or official background information for the bill. Below are a few bills to watch out for as we approach March 20th. Continue reading

ACJP/De-Bug Member Wins Federal Civil Jury Trial Against Officer Who Used Excessive Force!

Three years ago Danny Pina walked into our Albert Cobarrubias Justice Project meeting at De-Bug with a cast on his arm, a busted nose, and a false resisting arrest charge — all for riding his bike without a light. He was determined to share the truth of what happened to him, and as it says in the paper, “bring the officer to justice.” He stayed committed, came to meetings regularly as he continued to work, and tried not to let the episode of injustice dictate the terms of his life. The District Attorney dropped the charges, and Danny, with De-Bug supporters, filed his claim against the city. When he city denied their liability, he retained an attorney and filed suit in federal court. They tried to offer him a settlement, but Danny wanted his moment in court. This past Monday, he had that moment, and he didn’t waiver from his mission. Continue reading

Ray Samuels: A Police Chief and Leader Who Championed Rights For All


Editor’s Note: Ray Samuels, former Newark Police Chief, passed away recently at the age of 58. Aram James, a civil rights organizer and former public defender, found a friend and trusted ally in Samuels through their common campaign against the Tasers, and shares his memories of the man he calls both a friend and inspiration.

First and foremost Ray Samuels was my dear friend—his sudden and unexpected passing has saddened me to the core (Ray died on February 17, 2012.) I think what stands-out most for me about Ray Samuels are his humble qualities – his decency as a human being, his lust for life and learning and his insatiable curiosity about other human beings. Ray always had a desire to be a problem solver, and he had no arrogance or pretense. His routine instinct was always to look out for the other guy first. Continue reading

NAM Ethno Blog: Is Prosecutorial Discretion Leading to Fewer Deportation Cases?

Are the prosecutorial discretion guidelines issued by the Obama administration last year having an effect on the number of deportation cases that the administration is pursuing?

By Leslie Berestein Rojas, New America Media — A new Syracuse University report suggests yes, federal immigration officials say no, and some lawmakers are calling “amnesty” nonetheless.
First, the report: Issued in recent days by the Transactional Records Access Clearinghouse at Syracuse University, the number of deportation proceedings begun in the nation’s immigration courts between October and December of last year (the first quarter of federal fiscal year 2012) “fell sharply to only 39,331 — down 33 percent from 58,639 filings recorded the previous quarter,” a drop of more than 10,000 cases filed. The report notes that since filings are typically lower at that time of year, the numbers were adjusted for seasonal drop-off. It continues:

This substantial drop may have been caused by the steps needed to implement the June 17, 2011 agency directive on prosecutorial discretion or as the indirect effect of the review announced August 18, 2011 by the Administration of all pending Immigration Court cases. The objective of these twin initiatives was to better target enforcement resources on high priority cases. Continue reading