First Time Saved Story of 2015! Mom, Attorney, and Community Beats a Life Sentence Through Social Biography Mitigation

Our first Time Saved story of 2015!  When this family came to De-Bug about 2 months ago, the judge in their 16 year old son’s case strongly considered a 6 year commitment away in juvenile prison, based on the recommendation from probation. He originally was facing a life sentence. With his amazing mom Cherisse Bergeron and attorney Monika Loya, we helped put together a mitigation packet that showed his strong local family, church, and community support and made the case for why local time was so much more crucial for his ability to bounce back from a tough life.  

On Wednesday, after reviewing the social biography packet, the judge told him to look into the audience where every seat there was filled with his family and community –including his 2 little brothers. She said “Turn around.” She pointed to everyone. “That’s the reason I’m keeping you here and not sending you away.”  Submission Post by Charisse Domingo (If your organization is interested in getting a workshop on how to make social biography packets, email us!)

Cherisse shows the mitigation packet for her son that demonstrates his challenges growing up, as well as his present community and future prospects.

Cherisse shows the mitigation packet for her son that demonstrates his challenges growing up, as well as his present community and future prospects. (This was taken a week before the sentencing hearing)

Day of court and ready to visit their son and brother.  He will get to see and hug his 2 little brothers for the first time in almost 6 months.

Day of court and ready to visit their son and brother. He will get to see and hug his 2 little brothers for the first time in almost 6 months.

His mom Cherisse proudly wears her "De-Bug The System" shirt. Her love for her son is a testimony to the power of faith in action.  She herself has been through a tough few years, and being able to get through these last 6 months and being the instrumental force in her son's case has been part of her life's journey.

His mom Cherisse proudly wears her “De-Bug The System” shirt. Her love for her son is a testimony to the power of faith in action. She herself has been through a tough few years, and being able to get through these last 6 months and being the instrumental force in her son’s case has been part of her life’s journey.

San Mateo County Juvenile Private Defender Monika Loya and Mom Cherisse Bergeron

San Mateo County Juvenile Private Defender Monika Loya and Mom Cherisse Bergeron after court — they make a powerful team!

How My First Felony Leads Me To My First Time Voting (By Steeda McGruder)

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Steeda McGruder shares her testimony at a Yes on Prop 47 event with labor and youth advocates.

My first charge as an adolescent was a petty theft. When I think back 19 years ago my reasons for my actions seem so juvenile — peer pressure, lack of adult influence in my life and simply boredom growing up in a small town population 26,000 and a huge drug scene. A petty theft was simply entertainment to young people back in those days. When I turned 18, I was super excited to have shook the juvenile system. I had many great plans and ideas of what my life would be like now that I was free from the juvenile system. I guess you could say I had hope for my future, but to my surprise shortly after I turned 18 I was incarcerated for another petty theft.

My behaviors had never been addressed, just pushed aside. I had time to serve, but never the support or tools needed to be truly corrected. I’m sure you can imagine at the age of 18, my ideas about life are completely different than at the age of 12, especially being a single mom at the age of 18. Life showed up, and when it did, I behaved in a way that screamed “just survive.” Continue reading

Family Wins Historic Dismissal of Juvenile Case in Santa Clara County

courtney2This mom and daughter first came to De-Bug about 4 years ago, when she was only 16 years old, and facing charges in juvenile court.  Her mom kept insisting that her daughter did nothing wrong, and despite her family, community, and her attorneys fighting for her, the courts nevertheless put her on probation. However, they never gave up in pursuing justice. This week, she became the first person ever locally to win a dismissal of her juvenile case through a 782 code, making Santa Clara County legal history in the process.  “I put off so many job applications because I didn’t know how to move forward,” she says. But because of her unwavering family and community support, as well as great advocacy from her public defender, this family has triumphed.  “I couldn’t give up, because I had people — especially my mom — that wouldn’t give up.” — Submission Post by Charisse Domingo

 

Returning To Life From Life: A Daughter’s Journey To Freeing Her Mother From Prison

Check out this moving video made by De-Bug’s Jean Melesaine on Lisa Carter, the first woman in Santa Clara County who won her release from a life sentence due to Proposition 36.  Judge Deborah Ryan granted Lisa release after serving 18 years in prison for a $150 shoplifting charge (her 3rd strike), with the tremendous support from her family, friends, community, and public defender. This video will be part of the Time Saved series, chronicling stories of families bringing loved ones home from incarceration.

Mother’s Day Math: Mother’s Love > The System

We couldn’t fit all the ACJP mothers in one picture, but here are a few of them whose strength fuels us all to keep going, to keep fighting.  They come every Sunday or Tuesday — after their visits with their children in jail, or even way after their children’s court cases are over — to then uplift other family members who have faced the same struggles.  Happy Mothers’ Day to these Moms!  Submission Post by Charisse Domingo
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Time Saved: 3 Families Support Each Other to Beat a Collective of 41 Years to Life in Prison

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We had a powerful meeting this Sunday at ACJP, where three families all successfully resolved their cases through mutual support. They didn’t know each other a month ago, but will be forever united in their life stories. They live in different counties, even speak different languages at home.These images are a part of ACJP‘s “Time Saved” Series, documenting the stories, and amount of time saved from incarceration, due to community intervention in court cases. Submission and Photos by Charisse Domingo.

Click here to see the full story.  

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

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

Walking Away With The Win

On Friday, July 20, this family stopped the deportation of their brother and son, through their unstoppable will, and successfully beat the process that makes criminal courts a waiting room for immigration court. This was a long road, but their loved one will be home next week as a result, and they created a blueprint for other families.  Submission Post by Raj Jayadev

Los Angeles Times: Agency That Runs California Courts ‘Dysfunctional,’ Report Says

A recent report shames the California court system as “dysfunctional” and should be reorganized. Who suffers at the cost of this lavish bureaucracy are families and individuals who go to these courthouses fighting cases where they feel they have been wronged.  We are hopeful that this report can spark change. Submission Post by Charisse Domingo

Agency that runs California courts ‘dysfunctional,’ report says

By Maura Dolan, Los Angeles Times
May 30, 2012
The agency that runs the California court system has become “dysfunctional” and bloated with high-salaried bureaucrats and requires a major overhaul, according to a report ordered by California Chief Justice Tani Cantil-Sakauye.
The 300-page report, which will be presented to judicial branch leaders next month, comes as the courts are trying to stave off large budget cuts from Sacramento. Although ordered by Cantil-Sakauye and written by a committee she named, the highly critical evaluation may undermine the chief jurist’s efforts to roll back projected budget cuts of about $544 million.

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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?”
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