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!

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.

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.  

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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San Jose Mercury News: Santa Clara County DA program aims to boost reliability of eyewitness identifications

According to the Innocence Project, eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing. Implementing this program is a step in the right direction to make sure that justice can be properly carried out.  Submission post by Charisse Domingo

SANTA CLARA COUNTY DA PROGRAM AIMS TO BOOST RELIABILITY OF EYEWITNESS IDENTIFICATIONS

By Tracey Kaplan
02/04/2012 06:40:08 AM PST

To boost the reliability of eyewitness identifications, every police department in Santa Clara County has recently begun videotaping or recording most witnesses as they pick out a suspect from a set of photos or a live lineup.

The practice, spearheaded by District Attorney Jeff Rosen, is the latest technique law enforcement agencies across the nation are using to try to reduce wrongful convictions. In the Bay Area, police in San Francisco, Oakland and Pleasant Hill are among those who also have adopted it.

But Santa Clara County is believed to be the only county in the state where every police agency from the Highway Patrol to campus officers at San Jose State has signed a protocol agreeing to it.

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California Lawyer: Mr. Public Defender — Profile of Jeff Adachi

Head of SF Public Defender's office has entered the city's mayoral race.

Given this weekend’s news that San Francisco Public Defender Jeff Adachi has officially entered the San Francisco’s Mayor’s race, we thought we would run a profile of his work as California’s only elected Public Defender. In describing the role of the public defender’s office, Adachi says,” We are defending a principle that you can’t taste or see or even experience, but something that you notice when it’s taken away.”

CONTINUE READING…

San Jose Mercury News: De-Bug Increases Role as Legal Watchdog With Soros Justice Award

by Tracey Kaplan, April 5, 2010

Ramon Vasquez’s urban nightmare began when San Jose police surrounded him at gunpoint in a parking lot of a Coca-Cola distribution center. Instead of coaching his son’s Little League game that day, the soft-drink deliveryman wound up jailed for a gang-related murder, facing a possible life sentence.

Few outside his family and friends believed he was innocent until his fiancee heard about a free legal clinic offered every Sunday near downtown San Jose by the grass-roots group De-Bug.

With De-Bug’s help, all charges against Vasquez were dismissed and he was set free five months after being arrested.

In February, he was deemed factually innocent by a judge, erasing his record and increasing his chances of remuneration from the county.

“It was like I had a law firm behind me,” Vasquez, 29, said of De-Bug’s efforts, including urging his government-appointed attorney to mount a more aggressive defense. “I probably would have fallen through the cracks if it wasn’t for my family and De-Bug.”

Continue reading…