This week, Mark Becker, the Supervisor at the Santa Clara County Alternative Defender’s Office, met with our ACJP organizers and families to share the latest powerpoint presentation DA’s are using to scare juries into guilty verdicts. The powerpoint would have been comical, had it not been that a countless amount of people in Santa Clara County have been denied a fair trial as a result of this propoganda. And yes, that is seriously a photo of Al Pacino from the movie Scarface and an image of Tupac that is shared in the slideshow developed by the San Jose Police Department and presented as researched explanations as to what gangs are. Mr. Becker came by to share with us what DA’s are using in trial so we have a clear idea what we are up against, and perhaps to develop more honest tools that can created to refute the characterization of people facing gang charges. The powerpoint depicted only the most sensational of images — photos of people pointing guns at the camera, piles of drugs and money, and constant barrages of weapons like swords. The presentation is aimed at frightening juries so they can not possibly look at someone has been called a gang member by the DA as a human being. Even the language used in the powerpoint was designed to imply people who have been labeled as gang-related are only predators. One description (it is presented as if an anthropological study) says that gang members are so concerned with “notoriety” that ,”Like a dog they mark their territory.” The ACJP camp have been able to offer of gang experts from the community that can be used by defense attorneys to refute the DA’s case, but we will be brainstorming on media supplements that can be used as well by the defense bar.

We traveled to New York in September of 2014 to do a social biography video for man who had already plead, and was facing 10 years in prison. We were profoundly moved by how the single father took care of his ailing mother and sister, as well as always being the lending hand to friends and the community. His story reminded us again how there never is a sentence just for the “defendant”, but rather that all the time of incarceration is shared time. Indeed, though the sentencing guidelines read 10 years, the family said it very well could have been a death sentence for the mother, who has cancer and relies on her son for all assistance and care. Our video showed the home life, the deeply family oriented lifestyle of the individual, testimonies from family, friends, and therapists. They shared anecdotes while showing pictures, reliving moments, and while also showing how injurious a long sentence would be, articulated how they will be there to ensure a successful life at home if prison was taken off the table. And the best holiday call we received was on the last Friday of 2014 when his lawyer reached out, immediately after the sentencing hearing. A remarkable, and truly committed attorney, Stephen had submitted our social biography video along with a packet of other supporting material to probation and the court. He told us the amazing news he was given a short jail sentence — no prison time! He said he was certain the video was a major reason for the decision by the judge, as the court had referenced the impact of the video for his deliberation. We were honored to play a role in helping a family story be better understood by the court system. We build a unique bond with the families we do social bio vids for because the experience is so intimate — they are sharing what is most important about their lives and futures, with so much on the line. So though we recorded only for a few days, De-Bug/ACJP now has family forever in New York!

From Attorney Stephen Lewis of Stephens Baroni Reilly & Lewis in White Plains New York: 

“I want to thank all at Silicon Valley De-Bug’s ACJP for the professional and effective social biographical video that I recently used in my case in the Southern District of New York. The client  faced a guideline range of 91 to 120 months; the government recommended a guideline sentence, probation recommend four years and the Court imposed a sentence of six months incarceration that included 90 days of home detention. I have no doubt that the video that you produced played a determinative role in that outcome. The Court specifically referenced the video in it’s sentencing decision. Thanks for all the hard work.”

 

Click here for more on our social biography video model.

Check out the inspiring sights and sounds of our Time Saved Party — a unique gathering of families who prevented, or reduced, their loved ones incarceration through participatory defense and partnerships with public defenders. Together, they represent 1,862 years saved from incarceration! It was an incredibly powerful night with people who had beaten life sentence, deportations, and more in attendance. We also launched our Time Saved Documentary Series, starting with our premiere episode featuring Lisa Coulter, we have uploaded it here as well. Below her documentary is a special lenticular print accompaniment that is now installed at the Santa Clara County Public Defender’s Office, that visually shows that family realities are dynamic, rather than static, and illustrates how time served can become time saved. Also, check out the write up of Time Saved which ran in this week’s Silicon Valley Metro. And click here to read the Mercury News coverage of our installation of Time Saved media and our partnership with the SC Public Defender in this powerful article called “Bay Area Public Defender’s Speak Out for Justice.” Both articles note the exciting national expansion of our participatory defense model. And click here to see the beautiful Time Saved Photo Booth slideshow — sharing the faces and incredible stories that make up our movement. See you at the Time Saved 2,500 Party!

Time Saved: The Lisa Coulter Story (Premiered at the Time Saved Party)

The Time Saved Lenticular Print, Installed at the Santa Clara County Public Defender’s Office, and Profiled in Mercury News Silicon Valley Metro Weekly By the Numbers: 1,862 Six years ago, community organizer Raj Jayadev formed the Albert Cobarrubias Justice Project (ACJP)—named after an aspiring lawyer killed in a drive-by shooting—to help families caught up in the criminal justice system. As he began taking on more cases, he grew frustrated when, despite all the services he connected them to, they relinquished so much control once the case went to the courtroom. To affect real change, Jayadev thought, he would have to bridge the divide between the legal establishment and the community. That realization grew into a methodology called “participatory defense.” The idea is to work with public defenders and connect them with a client’s family and community, so they can more effectively tell their full story in court. Through this model, families become extensions of the legal defense team by scouring police reports, reading transcripts, offering defense strategies and speaking up for the defendant. About 80 percent of the 2.5 million Americans behind bars have relied on public defenders to represent them in court and influence the outcome of a case. By facilitating participatory defense in more than 400 cases, the ACJP has won acquittals, had charges dismissed or reduced, changed prison terms to rehabilitation sentences and even knocked life sentences off the table. When accounting for the original maximum sentences and subtracting what the defendant actually received after community intervention, the justice project has saved people a combined 1,862 years of incarceration. Last week, a group of former inmates, their families and friends, ACJP volunteers and public defenders all met at Zero One Garage in downtown San Jose to celebrate the time saved. Jayadev says the plan is to hold a celebration every 1,000 years saved from now on as the program expands into communities around the nation.

As communities across the country express outrage over the grand jury decision not to indict Darrell Wilson for the killing of Michael Brown, and the officer who killed Eric Garner, another relevant case from the Ferguson area is proceeding to trial that’s gives important context. Sylvester Caldwell, the Mayor of Pine Lawn, a neighboring town to Ferguson has been indicted on federal charges of extortion. The following is a video from Pine Lawn and Ferguson residents describing the political corruption in these small municipalities that allowed for the racially targeted police violence to fester. The footage was captured when De-Bug/ACJP producers were in the Ferguson area just two weeks before the shooting death of Michael Brown. For more context regarding wrongful arrests in North St.Louis County, please read the report released by our friends at the ArchCity Defenders.

[youtube https://www.youtube.com/watch?v=xhgyHFLw0sM w=600&h=550]

With the no indictment decision of officer Darren Wilson for the killing of Mike Brown, and the the same outcome on the officers who killed Eric Garner, the country is left to wonder: Is it even possible for police to be held accountable in the courts? Retired public defender, and ACJP co-founder, Aram James explores the history and potential possibilities of addressing the questions. In the piece, James cites Supreme Court case law advancing the notion that court proceedings for officers should be public and transparent.

No Indictment, no justice, in the cold blooded killing of unarmed African-American youth Michael Brown by white police officer Darren Wilson.  Shortly after, the same no indictment in the New York killing of unarmed African-American father Eric Garner — a death shown around the world on video.

Can we achieve systemic justice in officer involved shootings, and other forms of police murder? Is it possible in this country, given our two tier justice system, one designed for the police and another designed for the rest of us? What are the necessary steps we must take to restore trust in our criminal justice system, when the police seem, rarely, if ever, to be held fully accountable, when they shoot and kill, strangle and tase and brutally beat to death, unarmed people of color, and the poor? Continue reading →

We are proud to announce Time Saved: The 1800 Party — a special gathering of families who make up over 1800 years of time saved from incarceration or detention. The event will bring together families we have worked with over the years who have beat misdemeanors to life sentences, and deportations. They also represent what is possible in challenging mass incarceration through family and community organizing in the courts — what we call “participatory defense.” The event will also serve as the premiere of our series “Time Saved” a documentary series of families and public defenders who through their collaboration prevent incarceration. To come, or to donate, please RSVP the email on the flyer.

At De-Bug’s ACJP, we have worked with countless families on a case by case basis on how they can construct a mitigation packet — a collection of letters, photos, certificates — to be submitted to their public defender to use for charge or sentence reduction. The packets have helped stop life sentences, have removed strike priors, turned felonies into misdemeanors, and over all reduced the amount of incarceration for community members. This week we held our first workshop, walking through the process, requirements, and approaches for families to create effective packets. In the room are mothers who sons were facing significant prison time, families who’s loved ones faced deportation, and others. We are excited to share the workshop to whomever is interested so they too can help bring the power of family story into the courtroom to impact cases. Feel free to email us if interested in a workshop! In the image, on the wall on the right, are pictures of families we have done social biography videos for, and a map of where we have trained public defenders on the concept.

 

 

Much respect to Gideon’s Promise warrior Anna Kurien of the Fulton County Public Defender’s Office, who after attending a workshop we gave on how public defenders can make social biography videos to reduce sentences, took the plunge and tried one for the sake of her client. Anna is a profoundly committed advocate, and we had great conversations when she would call to get feedback on interviews and production, and she spent weekends getting footage with her client and family. Read her story to see her remarkable results!

My 41 year client faced a charge that carried a mandatory minimum of 25 years in prison with no possibility of parole. Given my review of the case, I knew that I had to put all my energy towards mitigation and hope for a miracle. After attending the Gideon’s Promise training on social biography videos conducted by Raj from De-Bug’s ACJP, I knew this was a compelling case for mitigation and that a social biography video would humanize  my client to the State.

After hours of attorney-client conversations and meeting with our office social worker, we developed the main points we wanted to communicate through the video. Continue reading →