OLD_San Francisco Public Defender's Office

BREAKING: Last Person in ICE Custody at the Yuba County Jail Released After Pressure from Advocates, Attorneys, and Members of Congress

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October 27, 2021

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BREAKING: Last Person in ICE Custody at the Yuba County Jail Released After Pressure from Advocates, Attorneys, and Members of Congress

FOR IMMEDIATE RELEASE: October 27, 2021

MEDIA CONTACT:

Valerie Ibarra | Valerie.Ibarra@sfgov.org | 628-249-7946 | S.F. Public Defender’s Office

Laura Duarte Bateman | laura@ccijustice.org | 415-684-5463 | FreeTheYuba11 Coalition

**PRESS RELEASE**

BREAKING: Last Person in ICE Custody at the Yuba County Jail Released After Pressure from Advocates, Attorneys, and Members of Congress

Termination of ICE Contract with Yuba may be imminent

Marysville, CA — Today, the last remaining individual detained by ICE at the Yuba County Jail, Ricardo Vasquez Cruz, has been released after more than 3 years of incarceration. The news comes at the heels of a letter led by Congresswoman Zoe Lofgren and Congressman Lou Correa, along with 22 members of Congress, to Department of Homeland Security (“DHS”) Secretary Alejandro Mayorkas, urging the closure of two private detention centers in California and the contract termination with Yuba County Jail where Ricardo was detained. He is now reunited with his mother, 18-year-old son, sister, extended family and community.

San Francisco Public Defender Mano Raju said, “Our office and the community kept pushing for Ricardo’s release and together we made it resoundingly clear that there was no justification for his detention. This is what community power looks like.”

Ricardo Vasquez Cruz reports, “I’m content to be with my family. I never stopped fighting to stop my deportation, get released, and stay here with my family. I don’t have the words to express how I feel, how it feels to be with my family again. Thank you to everyone who worked to support me and helped fight for my liberty.”

The “Free the Yuba 11 Campaign Coalition” along with Ricardo’s family and his attorney, San Francisco Deputy Public Defender Jennifer Friedman, spearheaded Ricardo’s release campaign which involved community rallies, vigils, and congressional pressure. Ricardo also led hunger strikes at the jail to improve the inhumane conditions immigrants were subjected to. The campaign crossed off its penultimate goal with Ricardo’s release. Now the question remains: With zero people detained at Yuba, will ICE shut down this facility?

The Free the Yuba 11 campaign stated, “We are thrilled to know Ricardo is back in his community and will finally be able to get the urgent medical attention that he was denied for more than 3 years inside Yuba County Jail! The FreeTheYuba11 campaign is one of many site-fights across the country demanding the shutdown of all immigrant detention centers. This campaign has shown the impact the community-legal partnership can have to demonstrate community-based care is the alternate vision to incarceration. The campaign uplifted the humanity of each individual, showed us our need for each other, and a world without cages where we can all heal.”

A vigil, initially planned to demand Ricardo’s release, will now be a community celebration in which formerly detained individuals, their families, advocates, legal service providers and supporters of the FreeTheYuba11 campaign will celebrate Ricardo’s release, remember the lives lost in immigrant detention, and stand in solidarity for those who remain detained. The vigil will be held on Saturday, October 30, 2021 at 11AM at Dolores Park in San Francisco, CA.

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The press release is endorsed by the San Francisco Public Defender’s Office and the FreeTheYuba11 Campaign Coalition, including: California Collaborative for Immigrant Justice, Centro Legal de la Raza, Dolores Street Community Services, Faithful Friends, and Pangea Legal Services.

*This press release was updated to attribute the second quote to the Free the Yuba 11 campaign.*

Ricardo Vasquez Cruz (center) reunited with his extended family after his release from immigration detention at the Yuba County Jail in Marysville, CA, on October 27, 2021. He was the last remaining person in ICE custody at the facility. Photo courtesy of the family.

San Francisco Public Defender Mano Raju & Treasurer José Cisneros Applaud Signing of New Bill Piloting Higher Compensation for Low-Income Jurors in San Francisco

Office of the Public Defender

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October 12, 2021

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San Francisco Public Defender Mano Raju & Treasurer José Cisneros Applaud Signing of New Bill Piloting Higher Compensation for Low-Income Jurors in San Francisco

FOR IMMEDIATE RELEASE: October XX, 2021

CONTACT:

Valerie Ibarra – SF Public Defender’s Office – (628) 249-7946 – Valerie.Ibarra@sfgov.org

Anne Stuhldreher – SF Financial Justice Project – (415) 596-6138 – Anne.Stuhldreher@sfgov.org

**PRESS RELEASE**

San Francisco Public Defender Mano Raju & San Francisco Treasurer José Cisneros Applaud Signing of New Bill Piloting Higher Compensation for Low-Income Jurors in San Francisco

AB 1452 authorizes the “Be The Jury” pilot program to compensate low-income jurors $100 a day to remove barriers to serving and to increase economic and racial diversity of juries. The “Be The Jury” pilot program is the first of its kind in the country.

SAN FRANCISCO – On Friday, October 8, 2021, Governor Newsom signed AB 1452, establishing the “Be The Jury” pilot program to compensate low-income jurors $100 a day for their jury service. AB 1452, authored by Assemblymember Phil Ting and co-authored by Senator Scott Wiener, authorizes this first-of-its-kind pilot program in San Francisco Superior Court with the goal of establishing juries that are more reflective of San Francisco’s diverse communities.

AB 1452 is co-sponsored by San Francisco Treasurer José Cisneros, Public Defender Mano Raju, and District Attorney Chesa Boudin.

“Our juries should reflect San Francisco’s economic and racial diversity, but low juror compensation prevents too many people from participating in jury service. The authorization of the Be The Jury pilot program brings us a step closer to a more accessible, diverse, and just legal system,” said San Francisco Treasurer José Cisneros.

Because income inequality is strongly correlated with race and ethnicity, juries have become less racially diverse due to an inability to afford to participate. Juries tend to be composed of people who can afford to serve unpaid or who have employers who will pay them while they are serving. Now that the Be The Jury pilot program has been authorized by state law, criminal justice partners and community organizations in San Francisco anticipate launching the pilot in January 2022.

“Having a jury of one’s peers is one of the most cherished rights in our American legal system, but, too often, our indigent clients in our own diverse city are not afforded that right when nobody on the jury looks like them or comes from their communities,” said San Francisco Public Defender Mano Raju. “Thanks to Governor Newsom’s signature, the Be The Jury pilot program can start to re-balance the scales of justice and remove the financial hardship that deprives thousands of San Franciscans from what should be a sacred right to serve on juries.”

“I strongly believe that the Be The Jury pilot program will help ensure that San Francisco juries are more economically and racially diverse, and therefore better able to administer justice that reflects the values of diverse San Francisco communities,” said San Francisco District Attorney Chesa Boudin. “I am grateful to Governor Newsom for signing this bill into law and to Assemblymember Ting for sponsoring this historic policy, further enhancing equity and fairness in the criminal legal system.”

The Be The Jury pilot program is much needed in San Francisco, where a survey by the Administrative Office of the Courts of California found that 35 percent of jurors report that jury service imposed a financial hardship. While California law requires employers to provide time off for employees who are summoned to jury duty, employers are not required to compensate employees who serve on a jury. If a juror’s employer does not cover their salary while serving, jurors earn nothing on their first day of service and $15 per day after that. Providing fair compensation to people who otherwise cannot afford to serve on a jury due to financial hardship is the first step in creating a more equitable, inclusive, and diverse justice system.

“The legal system is full of inequities, and juries lacking diversity exacerbate that. I thank the Governor for seeing the need for change and allowing our city to explore whether higher pay improves demographics. Studies show when juries are more reflective of the communities they serve, they spend more time deliberating the case and are less likely to presume guilt, which ultimately helps defendants get a fair trial,” said Assemblymember Phil Ting (D-San Francisco).

“The Bar Association of San Francisco (BASF) is proud to have played a role in encouraging the passage and signing of this very important legislation. BASF strongly believes that the Be The Jury pilot program (AB 1452) will help ensure that San Francisco juries are more economically and racially diverse, and therefore better able to administer justice that reflects the values of diverse San Francisco communities. BASF has a long history of supporting best practices and innovative ideas in furtherance of criminal justice reform,” said Yolanda Jackson, Executive Director and General Counsel, The Bar Association of San Francisco.

The Be The Jury pilot program will compensate jurors with low-to-moderate incomes $100 per day for jury service in criminal trials in San Francisco Superior Court for the duration of the pilot. Jurors are eligible if their household income is less than 80% of the Area Median Income ($71,700 for a single person; $102,500 for a household of four) and if they meet one of the following criteria: (1) their employer does not compensate for jury service; (2) their employer does not compensate for the estimated duration of jury service; (3) they are self-employed; or (4) they are unemployed. Stakeholders will conduct an evaluation of the pilot program once it is completed.

The Be The Jury pilot program is funded by philanthropic dollars raised by the San Francisco Treasurer’s Financial Justice Project.

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Last Two Remaining Immigrants Detained by ICE in Yuba County Jail Seek Release

Office of the Public Defender

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September 30, 2021

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Last Two Remaining Immigrants Detained by ICE in Yuba County Jail Seek Release

FOR IMMEDIATE RELEASE: September 30, 2021

CONTACT:

SF Public Defender’s Office – Valerie.Ibarra@sfgov.org – (628)249-7946

Free The Yuba 11 Campaign – Edwin@ccijustice.org – (415) 933-4922

**PRESS RELEASE**

Last Two Remaining Immigrants Detained by ICE in Yuba County Jail Seek Release

Defense attorneys file writs of habeas corpus in Federal Court, argue their detention is unlawful

SAN FRANCISCO — On September 30, 2021, attorneys for the last two remaining immigrants in ICE custody at the Yuba County Jail filed writs of habeas corpus in California’s Northern District Court, alleging that their continued detention is unlawful.

Ricardo Vasquez Cruz and Luis Castro Ramos are the only two immigration detainees remaining in the facility, after a lawsuit led to hundreds of releases from ICE’s Northern California detention centers due to the dangerous pandemic conditions. Mr. Vasquez Cruz, who is represented by San Francisco Deputy Public Defenders Jennifer Friedman and Genna Beier, has been detained by ICE for three and a half years. Mr. Castro Ramos has been detained for a year and a half and has pro bono representation from attorney Scott Mossman.

Under new enforcement priorities issued by the Biden Administration, both men are eligible for release, as neither poses a danger to the community nor is a flight risk. Attorneys argue that both men should be released to their communities to continue fighting their cases.

Mr. Vasquez Cruz and Mr. Castro Ramos have endured detention at Yuba throughout the pandemic, in a jail notorious for its poor conditions. A district court issued a series of injunctions to force ICE to improve the safety conditions, but the two men have remained — enduring two COVID outbreaks. The #FreeTheYuba11 Coalition, an alliance of advocates supporting the termination of the contract between ICE and Yuba County, has also provided support for Mr. Vasquez Cruz and Mr. Castro Ramos. The two remain concerned about their health, particularly in light of medical conditions that render them more vulnerable to serious medical complications if infected with the coronavirus.

The Yuba County Jail has a documented history of horrific conditions of custody, even before the pandemic, which has prompted immigrants to engage in a series of hunger strikes. The jail has been subject to a judge’s consent decree to improve conditions. Recently, inspections by the federal Office of Detention Oversight found 19 violations of detention standards in 2020 and 21 violations in 2021 in areas including health and safety, security, and healthcare.

Background and Post-Release Plans

Mr. Vasquez Cruz, who has lived in the United States for nearly twenty years with legal immigration status under the Temporary Protective Status program, is seeking release to the home he shares with his mother and son in California. He has spent three and a half years in ICE detention. His mother suffered an injury at her workplace and is on disability leave, juggling medical complications from several conditions while also single-handedly raising Ricardo’s adolescent son. If released, Mr. Vasquez Cruz would continue attending alcohol rehabilitation programs and return to his long-time unionized job as a sound and communications technician.

Mr. Castro Ramos has lived in the United States since 1974, when he was seven years old. His family started the immigration process for him in 1977, but — unlike his seven brothers and sisters — he never obtained legal status. Through the years, Mr. Castro Ramos has always lived with and supported his mother, working jobs in construction and commercial salmon. His detention for the past eighteen months has been a hardship to her, particularly because she is receiving treatment for Stage 4 cancer. His release would lift a tremendous source of anxiety for her. Mr. Castro Ramos has a bed paid for and waiting for him at a six-month inpatient alcohol treatment center near their home in Monterey County.

Quotes

San Francisco Public Defender Mano Raju said, “Ricardo and Luis have suffered enough. Their unconscionably prolonged detention is unreasonable and violates basic due process. We hope ICE releases them at once so they can return to their families and communities where they belong.”

Luis Castro Ramos’s attorney, Scott Mossman, said, “The Supreme Court has long held that the government needs good reasons and clear and convincing evidence to take someone out of the community and lock them up for years in civil detention. ICE and the immigration courts deny that those rules apply to noncitizens, no matter how deep their ties to this country. So, we are filing these habeas petitions to obtain the release of Mr. Vasquez Cruz and Mr. Castro Ramos. ICE has not and cannot justify their continued detention.”

The FreeTheYuba11 Campaign issued the following statement, “There is absolutely no reason why Ricardo and Luis should still be detained. Ricardo and Luis are surviving horrible conditions and human rights violations at the Yuba County Jail which have worsened throughout the pandemic. They both have robust post-release plans that support their continued efforts towards rehabilitation. The FreeTheYuba11 Campaign Coalition and members of the community are ready to receive them.”

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Dozens Rally Outside the Hall of Justice Denouncing Court Violations of People’s Speedy Trial Rights

Office of the Public Defender

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September 21, 2021

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Dozens Rally Outside the Hall of Justice Denouncing Court Violations of People’s Speedy Trial Rights

FOR IMMEDIATE RELEASE: September 21, 2021

CONTACT: San Francisco Public Defender’s Office | Yessica Gonzalez | yessica.gonzalez@sfgov.org | (323) 379-2032;

Valerie Ibarra | valerie.ibarra@sfgov.org | (628) 249-7946

** PRESS RELEASE**

DOZENS RALLY OUTSIDE THE HALL OF JUSTICE DENOUNCING COURT VIOLATIONS OF PEOPLE’S SPEEDY TRIAL RIGHTS

San Francisco Public Defender Mano Raju and four others filed a lawsuit against the San Francisco Superior Court demanding an end to the humanitarian crisis caused by the Court forcing hundreds to wait months past their trial deadline.

SAN FRANCISCO — On September 21, 2021, dozens of people gathered outside the Hall of Justice in support of loved ones who have been detained without trial in solitary-like conditions. The San Francisco Public Defender Mano Raju, several members of his office, activists and other community members gathered for a rally and press conference holding signs saying “Open the courts,” “Speedy Trial is a Right, Not an Option,” “We Demand Trials Now,” and signs that noted the number of days that people had been waiting for trial past their legal deadline – some as many as 299 days.

“The court is supposed to enforce the law, not break it. Public Defenders will not stand by while members of our community are denied their right to a speedy trial, locked up for a year, while the Court takes care of non-urgent civil cases, including a trial to evict people out of their homes. We demand that the San Francisco Superior Court do its job, and not put poor, Black and Brown people last in line. The law applies to everyone, including the Court,” said Public Defender Mano Raju.

Raju is one of five plaintiffs in a civil lawsuit filed last week against the San Francisco Superior Court and its presiding judge and chief executive officer, for the violation of speedy trial rights of hundreds of people. The lawsuit is in response to the current humanitarian crisis in San Francisco, with over one hundred people waiting in jail for months, some for nearly a year, all past their trial deadlines. Many of these people are locked in their cells for 23 hours a day with no freedom in sight. There are also hundreds more out of custody and awaiting trial whose speedy trial rights are being trampled by the San Francisco courts.

The massive and growing backlog of criminal cases is the result of the Court’s now-routine practice of continuing criminal cases for months past the statutory trial deadline, and its refusal to use available courtrooms in the Civic Center Courthouse for criminal trials.

Other San Francisco institutions, including government agencies, hospitals, businesses, and superior courts in other counties, have risen to the challenge of safely providing essential public services. The lawsuit urges that the pandemic cannot be a permanent excuse for bureaucratic disregard by the Court for people’s human and legal rights. Raju and community members are
demanding that the Court open all available courtrooms for criminal trials, along with other public venues it can use – and get to work giving people their day in court.

Elaine Portillo, whose niece has been in jail months past her trial deadline, shared earlier today, “I need my niece home. My niece’s daughter needs her mother. This is unjust and they need to let her have her court date. Inside she is being torn apart and I’m afraid for her. This is not justice for anyone.”

The Public Defender’s Office is holding a series of events in the coming weeks, including a Twitter Town Hall on Thursday, September 30th, at 11AM PT, to continue demanding that the San Francisco Superior Court open all courtrooms and uphold constitutional and human rights. You can read the complaint HERE.

You can find the recording of the press conference which was live-stream on the San Francisco Public Defender’s Office Facebook page: www.facebook.com/sfpublicdefender.

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Rally & Press Conference | Public Defender Mano Raju & Impacted Family Members Sue SF Superior Court for Illegally Denying People their Right to a Speedy Trial

Office of the Public Defender

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September 17, 2021

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Rally & Press Conference | Public Defender Mano Raju & Impacted Family Members Sue SF Superior Court for Illegally Denying People their Right to a Speedy Trial

FOR IMMEDIATE RELEASE: September 17, 2021
CONTACT: Yessica Gonzalez | yessica.gonzalez@sfgov.org | (323) 379-2032; Valerie Ibarra | valerie.ibarra@sfgov.org | (628) 249-7946

**MEDIA ADVISORY for TUESDAY, SEPTEMBER 21st**

San Francisco Public Defender Mano Raju and Impacted Family Members Sue San Francisco Superior Court for Illegally Denying People their Right to a Speedy Trial

WHAT:

On Tuesday, September 21, 2021, join San Francisco Public Defender Mano Raju, members of his office, and community members for a rally and press conference to denounce indefinite detention without trial. On September 15, 2021, San Francisco Public Defender Mano Raju, along with four taxpayer plaintiffs, filed a lawsuit against the San Francisco Superior Court, its presiding judge, and its chief executive officer, for the Court’s mass violations of speedy trial rights. The plaintiffs are represented by the law firms of Olivier Schreiber & Chao LLP and Miller Shah LLP.

WHEN:

Tuesday, September 21, 12:00 p.m. PT

WHERE:

Outside the San Francisco Hall of Justice at 850 Bryant Street, San Francisco, California, 94103.

WHO:

● Mano Raju, San Francisco Public Defender
● Mothers and family members whose loved ones are being held in jail past their trial deadlines.
● Allied Community Organizations, Western Regional Advocacy Project

WHY:

As of August 30, 2021, hundreds of legally innocent people are waiting for trials – months past their legal deadline for trial. More than one hundred of them are in jail, locked in their cells for 23 hours a day. Some have been locked up without trial for a year or more past their trial deadlines. The San Francisco Superior Court’s disregard for basic human and legal rights has created a humanitarian crisis. The lawsuit seeks to end the Court’s now-routine practice of continuing criminal cases for months past the trial deadline while it holds jury trials in a variety of non-urgent civil cases for money damages, and a ruling requiring the Court to eliminate the backlog of criminal cases through all means necessary. Open all SF courtrooms now!

SF Public Defenders Speak Up About Proposed Changes to SFPD Warrant Policies

Valerie Ibarra

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September 16, 2021

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SF Public Defenders Speak Up About Proposed Changes to SFPD Warrant Policies

On September 8, 2021, the SFPD tried to rush a vote by the Police Commission to accept updated policies around warrants that were designed — as 48 Hills noted and our Integrity Unit argued — with little public input and without consulting our department nor the District Attorney’s Office. One of the more egregious parts of the proposed policies would continue to permit highly controversial no-knock warrants. The vote was ultimately delayed, which gave our Integrity Unit time to respond and prepare for the next meeting, where — as Mission Local reported — the Commission put off the vote again.

“We have had it for less than three full business days,” [DANIELLE] Harris [MANAGING ATTORNEY OF THE SAN FRANCISCO PUBLIC DEFENDER INTEGRITY UNIT] said at the commission meeting last week. “It is dense and an additional week or two is not a lot to ask.” She added that it didn’t seem like fair notice to the public for changes to be made and voted on in the same sitting.
From 9/16/21 Mission Local article by Eleni Balakrishnan

Then Deputy Public Defender Brian Cox came on the line to raise the issue of what are known as no-knock warrants—searches where the cops break into a home or business with no notice. “The SFPD still seeks to engage in military-like tactics,” [deputy public defender brian cox] said. “Many jurisdiction have banned the no-knock warrant. It has no place in 2021.”
From 9/13/21 48 Hills article by Tim Redmond

An Open Letter to the Biden Administration: It’s time to drop charges against José Ines García Zárate | Matt Gonzalez and Francisco Ugarte

Valerie Ibarra

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September 15, 2021

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An Open Letter to the Biden Administration: It’s time to drop charges against José Ines García Zárate | Matt Gonzalez and Francisco Ugarte

On September 12, 2021, Attorneys Matt Gonzalez and Francisco Ugarte published an article on Medium titled “An Open Letter to the Biden Administration: It’s time to drop charges against José Ines García Zárate” whom they represented in state court when he was charged and acquitted of the murder of Kate Steinle. The new editorial argues that the federal gun charges that were subsequently brought upon Mr. García Zárate by the Trump Administration were based on politics and xenophobia, rather than facts. Soon after the editorial was published, it began to gain the attention of local and national news, and was reported on in the San Francisco Chronicle, KTVU, KRON4, and Fox News.

Excerpt:

After a unanimous jury exonerated Jose Ines Garcia Zarate on all state charges for the shooting death of Kate Steinle, he remains incarcerated. It’s been over six years since the tragedy, and nearly four years since his acquittal of murder and manslaughter. A California appellate court reversed his sole gun possession charge, holding the trial judge failed to properly instruct the jury on the “momentary possession” defense.

Garcia Zarate is still in custody only because then-President Donald Trump and then-Attorney General Jeff Sessions were outraged by the verdicts. In the hours following news of the acquittal, politically motivated indictments were filed in federal court, in effect, reviving the same gun possession charge Garcia Zarate had already faced in state court.

Rather than evaluate the jury’s finding, Trump and Sessions rushed to keep Garcia Zarate in custody. Thus far, their efforts are working. What they could not change, however, is that Garcia Zarate is factually innocent of the charges, including the federal indictment alleging gun possession.

To read the rest of the Medium post, click here.

SF Jury Acquits Woman Accused of Violating a Restraining Order | Ex Lied and Set Her Up to Fail

Office of the Public Defender

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September 14, 2021

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SF Jury Acquits Woman Accused of Violating a Restraining Order | Ex Lied and Set Her Up to Fail

FOR IMMEDIATE RELEASE: September 14, 2021

CONTACT: SF Public Defender’s Office – Valerie.Ibarra@sfgov.org – (628)249-7946

PRESS RELEASE

SF Jury Acquits Woman Accused of Violating a Restraining Order

Ex-partner lied and set her up to fail

SAN FRANCISCO – Last week, a San Francisco jury acquitted a 28 year old woman of violating a civil restraining order that her ex-partner had told her he had removed after they got back together last year. Deputy Public Defender Stephanie Tan represented the woman in trial. The jury deliberated for 3 hours and found the woman not guilty because she had no knowledge that the restraining order was still in place and thus could not have formed the intent to violate it.

The two were in a relationship for eight years, and in 2019, the man went to civil court to obtain a restraining order against the woman, which she observed. In 2020, when the two ran into each other and got back together, he told her that he had the restraining order removed.

In January 2021, after the two had spent the day together, the man called for a police escort to get some of his things out of the woman’s car after a disagreement. When police ran her name, they found the active restraining order and arrested her. She spent four days in jail, was released initially on electronic monitoring, and has had to check in with Assertive Case Management and attend classes on a weekly basis since then.

“The law is supposed to act as a shield and not a sword, and her ex-partner used the law against her as a weapon to manipulate the situation to get what he wanted, leaving my client to suffer unnecessary consequences,” said Ms. Tan. “My client and I fought this case all the way to trial because she had been lied to and set up by her ex-partner, and the jury vindicated her.”

“Ms. Tan and her team skillfully presented the fuller context of this altercation. We are grateful that the jury understood that our client did not knowingly violate the restraining order,” said San Francisco Public Defender Mano Raju.

The defense team was led by Deputy Public Defender Stephanie Tan, and assisted by Investigator Danielle Thompson and Deputy Public Defender Eric Fleischaker.

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SF Jury Acquits Homeless Man of Arson of Russian Hill Residence

Office of the Public Defender

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September 10, 2021

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SF Jury Acquits Homeless Man of Arson of Russian Hill Residence

FOR IMMEDIATE RELEASE: September 10, 2021

CONTACT: San Francisco Public Defender’s Office – Valerie.Ibarra@sfgov.org – (628)249-7946

** PRESS RELEASE**

SF Jury Acquits Homeless Man of Arson of Russian Hill Residence

SAN FRANCISCO – This week, a San Francisco jury acquitted Erbert Mayek, 38, of numerous felony arson and arson-related charges stemming from a fire that started in a trash chute of a home in Russian Hill. Deputy Public Defender Martina Avalos argued that there was no evidence that the fire was intentional and the jury found Mr. Mayek not guilty.

On September 2, 2019, a fire in an unlocked trash chute spread causing structural damage to an unoccupied house, whose owner primarily resides in the South Bay. During the trial, it was revealed that many unhoused members of the community were familiar with this largely unoccupied property. Video surveillance showed Mr. Mayek in the side yard of the residence at the time that the fire began, but there was no evidence that proved it was started intentionally. No one was injured and the damage to the structure has been repaired.

“The aggressive prosecution of my client is another example of how incidents related to poverty and homelessness end up being treated as a problem to punish rather than a crisis to prevent,” said Deputy Public Defender Martina Avalos. “My client was innocent of these serious charges and I am relieved that the jury understood that this was an accidental and not an intentional fire.”

Mr. Mayek had been waiting anxiously for trial for nearly two years due to the COVID-19 trial backlog. During the trial, Mr. Mayek was forced to miss several days of work, and his employer warned him that he would lose his job if he kept missing work. In the end, his faith in the jury paid off, and now he can finally move on with his life.

“This case highlights the homelessness crisis in San Francisco where people, who already have so much stacked against them, are taking refuge wherever they can and are more susceptible to accusations,” said San Francisco Public Defender Mano Raju. “I am proud of Ms. Avalos and her team, and we are grateful that the jury focused on the evidence, scrutinized the prosecution’s expert, and came together to vindicate Mr. Mayek.”

The defense team included Deputy Public Defender Martina Avalos, Investigator James Faulkner, Paralegal Margaret So, and Law Clerk Mengyu Yang.

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Public Defender Integrity Unit Speaks Out about Lack of Police Transparency Despite CA Law

Valerie Ibarra

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September 2, 2021

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Public Defender Integrity Unit Speaks Out about Lack of Police Transparency Despite CA Law

Zac Dillon of our Integrity Unit was quoted in the Examiner and Mission Local when he spoke at the September 1, 2021, meeting of the San Francisco Police Commission where they were discussing proposed legislation, SB 16, to expand police transparency laws in California. Both the new legislation and the original police transparency bill, SB 1421, which was signed into law by former Governor Jerry Brown and went into effect in 2019, were spearheaded by California State Senator Nancy Skinner. SB 16 now heads to Governor Newsom’s desk for a signature. In the wake of new legislation, Mr. Dillon noted that the intent of 2019 law has barely been realized.

“The veil is very much still in place in San Francisco,” Zac Dillon, a legal assistant with the Public Defender’s Office who has pushed the department to release records under SB 1421, said at the meeting.
SF Examiner, Michael Barba “Lifting the veil of secrecy shrouding police misconduct”| September 2, 2021

“I regret to inform you that the veil is very much still in place in San Francisco, and the flood of requests … received three years ago have not been addressed,” Dillon said. “My office is still awaiting word on whether or not there even are records to be disclosed for 85 percent of SFPD officers. We’ve been waiting for so long, there’s already nearly another law authorizing the release of more records.”
Mission Local, Eleni Balakrishnan “New California police transparency bill awaits governor’s approval” | September 2, 2021