Home Blog Page 57

‘Dead Man Walking’ Author Sister Helen Prejean to Speak in SF

-
0

San Francisco, CA — Author and anti-death penalty activist Sister Helen Prejean, whose bond with a condemned man inspired the Oscar winning film Dead Man Walking, will speak in San Francisco May 9 in a free, community event presented by the San Francisco Public Defender’s office.

Together We Can End the Death Penalty: An Evening with Sister Helen Prejean will be held at 7 p.m. at Temple Emanu-El, 2 Lake Street, San Francisco. The evening includes a book signing and books available for purchase. This event is free, but tickets are required through sfpublicdefender.org. For more information, please call 415-575-8830. Attendees are encouraged to arrive early and take public transportation.

San Francisco Public Defender Jeff Adachi said he wanted to bring the social justice leader to San Francisco not only for her message, but for her lively, engaging speaking style.

“Sister Helen is a great Southern storyteller and she addresses the things that matter most – life, death and social justice,” said Adachi said.

Prejean, 74, was active in last year’s campaign to pass Proposition 34, which would have ended the death penalty in California. The proposed measure was narrowly defeated.

“In the wake of Prop 34’s defeat, many Californians are thinking about the next step in the battle to abolish the death penalty. Hearing Sister Helen’s perspective is more relevant and needed right now than ever,” Adachi said.

Prejean began her prison ministry in 1981 after dedicating her life to the poor of New Orleans. She became a spiritual advisor to Patrick Sonnier, the convicted killer of two teenagers, sentenced to die in the electric chair of Louisiana’s Angola State Prison. Prejean wrote about her relationship with Sonnier and witnessing his execution in her bestselling book Dead Man Walking: An Eyewitness Account of the Death Penalty in the United States.

In 1996, the book was developed into an Oscar-winning film starring Susan Sarandon as Sister Helen and Sean Penn as a death row inmate. The book also inspired an opera by the San Francisco Opera, which premiered in 2000.

For nearly 30 years, Sister Helen Prejean has divided her time between educating citizens about the death penalty and counseling individual death row prisoners. She has accompanied six men to their deaths. Prejean has been instrumental in sparking national dialogue on the death penalty and helping to shape the Catholic Church’s newly vigorous opposition to state executions. She also founded Survive, a victim’s advocacy group in New Orleans that provides counseling to the families of murder victims.

Prejean’s second book, The Death of Innocents: An Eyewitness Account of Wrongful Executions, was published in 2004. Through the stories of two executed men, Prejean takes aim at wrongful convictions, explaining how flaws in the system inevitably lead to innocent people being put to death.

Football Fan Acquitted in Beer Attack

-
0

San Francisco, CA — A man accused of hurling two 40 ounce bottles of Miller High Life at a convenience store clerk was acquitted after video evidence showed he acted in self-defense, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated approximately one hour Monday before acquitting San Francisco resident Pablo Rodriguez, 54, of two counts of assault with a deadly weapon and one count of resisting arrest. The misdemeanor charges carried up to a year and a half in jail, said Rodriguez’s attorney, Deputy Public Defender Carmen Aguirre.

Rodriguez, a neighborhood activist who has worked to increase job opportunities in the Mission District, was arrested Nov. 19 after spending his evening socializing with friends at a Valencia Street bus stop, drinking beer and watching Monday night football through the window of a nearby restaurant.

Rodriguez and his friend purchased more beer at a convenience store on 24th and Valencia streets. On the way out, a friend of the clerk blocked their path and a brief argument ensued in Spanish. As Rodriguez exited, the clerk called him a troublemaker. Rodriguez, who disagreed with the characterization, returned briefly to explain himself. The clerk, clearly uninterested in Rodriguez’s side of the story, grabbed a bat from behind the counter and followed Rodriguez outside, brandishing the weapon.

The clerk returned to his store and Rodriguez’s friend attempted to follow him inside. Rodriguez physically restrained his friend from entering. It was then that the clerk approached and threw a cup of water in Rodriguez’s eyes. Rodriguez responded by throwing one of his 40 ounce bottles of Miller High Life toward the clerk, who dodged the bottle and pursued Rodriguez with the bat. Rodriguez threw his second bottle at the clerk, who blocked it with his hand and suffered a small scrape.

The clerk then began swinging the bat at Rodriguez, who held his backpack as a shield to protect his head. Rodriguez suffered an injured finger after being hit on the hand.

Rodriguez left, but returned to the area nearly two hours later to look for his friend. Instead, he found the clerk, the clerk’s friend and the store owner standing outside the store. They spotted Rodriguez and a loud argument ensued on the sidewalk.

A nearby police officer pulled up and ordered Rodriguez to put his hands behind his head for a search. When the officer grabbed Rodriguez’s injured finger, Rodriguez recoiled and fell onto his side, causing the officer to fall on top of him, Aguirre said.

The store employee told police that Rodriguez refused to leave and then threw beers at him in an unprovoked attack. He did not mention assaulting Rodriguez with water and a bat.  During the one day trial, jurors watched surveillance video evidence that contradicted the clerk’s story. The clerk then changed his story on the stand, Aguirre said, telling jurors that Rodriguez came in hurling racial slurs. The clerk testified that he called Rodriguez back into the store to discuss his hurt feelings.

“The clerk’s story that Mr. Rodriguez was a menace who wouldn’t leave the store crumbled on the stand. He now had to account for the video evidence, so he invented a new story,” Aguirre said. “Mr. Rodriguez tried to explain himself to the clerk and the police, but nobody would listen. It is frightening to think of what would have happened to Mr. Rodriguez without video evidence and jurors who were willing to hear him.”

The case shows how easily a misunderstanding can result in a criminal charge, Adachi said.

“From the convenience store to the courtroom, Mr. Rodriguez’s only goal was to explain his intentions. He was not trying to cause trouble. Fortunately, the jurors returned the right verdict,” Adachi said.

 

###

Protective Father Acquitted of Child Endangerment, Vandalism

-
0

San Francisco, CA — A San Francisco father was cleared of vandalism and child endangerment charges after jury members determined he was acting to protect his son when he kicked the doors of a fleeing car with the toddler inside, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated approximately one hour Friday afternoon before acquitting Mario Vega, 26, of both misdemeanor charges, said his attorney, Deputy Public Defender Anita Nabha.

Vega was arrested New Year’s Day after an argument with his then-girlfriend while parked at Big Lots on Mission Street with their 2-year-old son. As the couple’s argument became heated, Vega told his girlfriend was going to take their toddler to a nearby park while she cooled off, Nabha said.

Vega walked with his son to the park, located a block away. His girlfriend quickly drove to them, double parking and getting out of the car. As she exited the car shouting, Vega began videotaping her actions. His girlfriend grabbed the phone out of his hands and then walked back to her car.  A short time later, she returned to the park and grabbed their son off a slide, Nabha said. Vega, who did not want his son to travel with an angry driver, followed his girlfriend back to her car, pleading for her to stop. He then witnessed her place their child in the car seat, but fail to latch him into the safety harness before attempting to drive away.

“When he saw his son was unsecured in the car, he completely panicked. He would have lay down in the street and died for his son,” Nabha said.

Vega kicked the passenger door, begging for his girlfriend to stop driving. When she continued to pull away, he ran to the driver’s side and kicked the door twice, causing the driver’s side window to shatter. His girlfriend drove away, dropping Vega’s phone out of the window. She stopped after traveling 50 feet and called 911. Vega, who had no previous criminal history, was arrested 20 minutes later.

Vega testified during the two day trial that the most important thing in his life was to be a father to his son the way his father had been to him. Vega said he was simply trying to make sure his son was safe in a volatile situation.

Vega’s friend also took the stand as a character witness, describing the apprentice carpenter and San Francisco native as a loving, reliable, compassionate person.

Adachi said jurors reached a just verdict.

“Mr. Vega didn’t have the intent to vandalize the car and would never want his son to be in any danger,” Adachi said. “Mr. Vega was acting as a caring, protective father and the jury quickly determined he did not commit a crime.”

 

###

2013 Justice Summit – Gideon at 50: The Road to Equal Justice

-
0

The San Francisco Public Defender is proud to present its 2013 Justice Summit

Gideon at 50:  The Road to Equal Justice

Cost: This event is free but registration is required. Register at sfjusticesummit.com

Keynote Speaker: Karen Houppert, author of Chasing Gideon, the Elusive Quest for Poor People’s Justice.

Panel I: The Elusive Quest for Poor People’s Justice

Panel II: Forced Treatment and Constitutional Rights: Can They Coexist?

Panel III: The Price of Liberty: Reforming the Bail System

Panelists and moderators

  • Jeff Adachi, San Francisco Public Defender
  • Karen Houppert, Author, Chasing Gideon: The Elusive Quest for Poor People’s Justice
  • Dawn Porter, Director/Producer, Gideon’s Army
  • Jonathan Rapping, Founder, Gideon’s Promise (formerly  Southern Public Defender Training Center)
  • Maurice Caldwell, Wrongfully Convicted of Murder
  • Linda Starr, Co-Founder, Northern California Innocence Project
  •  Wendy Still, Chief, San Francisco Adult Probation
  • John Diaz, Editorial Page Editor, San Francisco Chronicle
  • Kara Chien, Attorney Manager, Mental Health Unit, San Francisco Public Defender’s Office
  • Candy Dewitt, Parent, Laura’s Law Advocate
  • Dr. David Kan, Substance Abuse Treatment Expert, Veterans Affairs Medical Center
  • Deni McLagan, Associate Director, Serial Inebriate Program, City of San Diego
  • Greg Suhr, San Francisco Chief of Police
  • Dr. Gary Tsai, Psychiatrist, Laura’s Law Advocate
  • Matt Gonzalez, Chief Attorney, San Francisco Public Defender’s Office
  • Catherine McCracken, Director of Development and the Sentencing Service Program, Center on Juvenile and Criminal Justice
  • Ross Mirkarimi, San Francisco Sheriff
  • George Gascón, San Francisco District Attorney
  • Will Leong, CEO, San Francisco Pretrial Diversion Project
  • Jonathan Simon, Professor of Law, UC Berkeley

Co-sponsored by Keker & Van Nest, Farella, Braun & Martel, Morrison & Foerster LLP, O’Brien & Associates, and Bar Association of San Francisco. 4.25  MCLE units earned.

 

Fulfilling Gideon’s Promise That The Accused Deserve a Lawyer

-
0

By: Jeff Adachi | 03/17/13 1:00 AM
Special to the S.F. Examiner

Throughout our country’s history, poor people have enjoyed few victories — especially those who stand accused of crimes.
This week marks the 50th anniversary of a rare and important triumph: Gideon v. Wainwright, the 1963 U.S. Supreme Court ruling that guaranteed that anyone accused of a serious crime was entitled to a lawyer, whether or not he or she could afford one.

On Tuesday, city leaders, experts and people affected by a broken system will gather at the 10th annual Public Defender’s Justice Summit to commemorate the anniversary with a day of frank discussions about how to get closer to our goal of equal justice.

The man at the heart of the case, Clarence Earl Gideon, was a semiliterate drifter arrested on suspicion of burglarizing a Florida pool hall. Because he could not afford a lawyer, Gideon was forced to represent himself at trial. He was convicted.

From his jail cell, Gideon scrawled out a petition to the nation’s high court arguing that his rights had been violated.

Incredibly, the justices voted to hear his appeal and ruled unanimously in his favor. He was retried, this time represented by a public defender, and promptly acquitted. In the years that followed, the Gideon decision ignited a right-to-counsel revolution, but failed in its promise to close the yawning gap between justice for the rich and justice for the poor.

Today, 80 percent of criminal defendants are served by public defenders. In San Francisco, 25,000 people rely on the Public Defender’s Office each year. A 2011 Justice Policy Institute study paints a grim national picture of overburdened public defenders and frequent miscarriages of justice. According to the study, 73 percent of county-based public defender’s offices lack the requisite number of attorneys to meet caseloads. Nearly one-quarter of the offices had less than half the necessary attorneys.

Tuesday’s summit, “Gideon at 50: The Road to Equal Justice,” is dedicated to exploring the continuing David vs. Goliath battle, both in San Francisco and the nation. Karen Houppert, our keynote speaker, is a journalist who set out to check the national pulse regarding the right to counsel. Her book, “Chasing Gideon: The Elusive Quest for Poor People’s Justice,” chronicles our failure to fulfill our promise to the poor. Across the country, she found that impossible caseloads and a lack of funding have resulted in wrongful convictions of the innocent.

Nobody knows more about wrongful conviction than Maurice Caldwell, a San Francisco man who spent more than 20 years in prison for a murder he did not commit. Based on the identification of a single eyewitness, a jury convicted Caldwell of killing a man in a botched drug deal in the Alemany housing project. The Northern California Innocence Project later unearthed new evidence in the case, including a statement from another man that he was the real killer.

Caldwell was released in 2011 after a judge ruled his attorney failed to adequately investigate the case. Caldwell will join a panel discussion on poor people’s justice.

Also at the summit will be filmmaker Dawn Porter, whose Sundance award-winning documentary, “Gideon’s Army,” exposes not only the heavy caseloads but also the unsinkable idealism of public defenders in the Deep South.

We hold the summit each year because we believe all of us benefit from equal justice. Together we will explore solutions to the problems that vex our city — from chronic inebriates to mental illness to reforming the bail system. I hope you will join us in our effort to fulfill Gideon’s promise.

The Public Defender’s Justice Summit will be held Tuesday from 9 a.m. to 3 p.m. at the Koret Auditorium in the San Francisco Main Library. This event is free, but registration is required. For more information and to register, visit www.sfpublicdefender.org.

Jeff Adachi is the public defender of San Francisco.

March 19 Summit to Tackle SF’s Tough Issues

-
0

San Francisco, CA — A man exonerated for murder, a documentary filmmaker, a mother who desperately tried to get help for her mentally ill son and a veteran journalist will join city leaders and experts in public safety, health and the law for a day of frank and provocative discussion at the Public Defender’s 2013 Justice Summit on March 19 at San Francisco Main Library.

The summit, GIDEON AT 50: THE ROAD TO EQUAL JUSTICE will be held in the library’s Koret Auditorium from 9 a.m. to 3 p.m. The event is free, but seating is limited. All attendees must register at sfpublicdefender.org.

The Justice Summit is the premier criminal justice conference on the West Coast. This year’s event marks the 50th Anniversary of Gideon v. Wainwright, the landmark Supreme Court decision that guaranteed public defenders to poor people accused of crimes. Journalist Karen Houppert, author of Chasing Gideon: The Elusive Quest for Poor People’s Justice, will be the keynote speaker.

The day’s panels focus on the state of criminal justice for the poor, whether constitutional rights can coexist with forced treatment such as the Chronic Inebriate Court and Laura’s Law and reform of the commercial bail system.

“We have gathered an incredibly diverse and talented group of people to ask some of the toughest, most important questions,” said San Francisco Public Defender Jeff Adachi. “What steps must we take to realize our promise of justice for all? How can we care for the welfare of people suffering from mental illness or alcoholism while still respecting their rights? Does the bail system unfairly punish the poor?”

The first panel of the day, The Elusive Quest for Poor People’s Justice, is moderated by Adachi and features Houppert; filmmaker Dawn Porter, director of the Sundance Award winning documentary Gideon’s Army; Maurice Caldwell, who was released after serving more than 20 years for a San Francisco murder he did not commit; Linda Starr, co-founder of the Northern California Innocence Project, which helped exonerate Caldwell; James Brosnahan, senior partner at Morrison-Foerster, who will discuss the poor’s right to counsel in civil cases; and Jonathan Rapping, founder of Gideon’s Promise, an organization dedicated to improving indigent defense.

The second morning panel, Forced Treatment and Constitutional Rights, moderated by San Francisco Chronicle Editorial Page Editor John Diaz, features San Francisco Chief of Police Greg Suhr; Candy DeWitt, who became an advocate of Laura’s Law after finding it impossible to get treatment for her mentally ill son; Deni McLagan, who administers San Diego’s successful Serial Inebriate Program; Kara Chien, manager of the Public Defender’s Mental Health Unit; Dr. David Kan, substance abuse expert; and Dr. Gary Tsai, psychiatrist.

The final panel of the day, The Price of Liberty: Reforming the Bail System, moderated by Public Defender Chief Attorney Matt Gonzalez, includes San Francisco District Attorney George Gascón, Sheriff Ross Mirkarimi; Barry Pearlstein, past president of the California Bail Agents Association; Catherine McCracken, director of policy and development for the Center for Juvenile and Criminal Justice; Will Leong, CEO, San Francisco Pretrial Diversion Project; and Jonathan Simon, professor of law, UC Berkeley.

The Justice Summit is co-sponsored by Keker & Van Nest, the Bar Association of San Francisco, Farella, Braun & Martel, and Morrison & Foerster LLP.

To register to attend this free event and for information on additional speakers, please go to sfpublicdefender.org. 

 

 

###

Eight Jurors Aren’t Better Than 12

-
0

By Jeff Adachi

A group of state judges wants to persuade the public to cash in one of our fundamental rights: trial by a jury of our peers.

The idea, floated by the California Judges Association as a cost-saving measure, requires passing a state constitutional amendment to shrink juries in misdemeanor criminal cases from 12 to eight members. Paring down juries is a dangerous bargain.

A 2004 study by the National Center for State Courts found that while shrinking juries may save money, it would result in less diversity in viewpoints, backgrounds, experiences, race, age and gender. In short, an accused person would be less likely to be judged by a jury of his or her peers.

Considerable evidence shows smaller juries result in more mistakes and less justice.

The concept of 12 jurors has been tried and tested since the 17th century. And as it turns out, modern behavioral research backs up these 600 years of common-law practice. A landmark 1977 study by psychologist Michael J. Saks, which contrasted the decision making of six-member juries with that of 12-member juries, found that smaller juries are more likely to convict the innocent and acquit the guilty.

Larger juries make more accurate decisions for two reasons, researchers found.

The first follows basic measures of reliability: Larger juries mean more people remembering and scrutinizing the evidence, leading to a more complete picture of the facts. The second reason echoes countless studies of group behavior: Those in smaller groups feel more pressure to conform to popular opinion – even if it is wrong. By contrast, dissenters in larger juries are more likely to find an ally, giving them the courage to stick to their convictions.

A 1997 analysis of all jury-size studies echoed these findings.

The same judges who endorse smaller juries also propose cutting the number of prospective jurors that lawyers can eliminate through pre-emptive challenge. This is a particularly dangerous idea, because these challenges provide prosecutors and defense attorneys an opportunity to weed out biased jurors.

Taking the issue further still, a committee of judges is now pushing for abolishing all jury trials for crimes that carry a sentence of less than six months. They claim that these changes will save $5 million statewide, which is less than 0.2 percent of the state court’s $3.1 billion annual budget. Sacrificing the quality of justice hardly seems worth the savings.

Thomas Jefferson once said, “I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.” While cutting the size of juries might seem like a convenient idea, our right to a trial by a jury of our peers is the heart of our legal system, not the fat to be trimmed.

Jeff Adachi is the public defender of San Francisco.
Read more: http://www.sfgate.com/opinion/openforum/article/Why-eight-jurors-aren-t-better-than-12-4327654.php#ixzz2MgoabXpe

Man Acquitted of Selling Drugs, Eating $20

-
0

San Francisco, CA — A 24-year-old man is tasting freedom after a jury acquitted him of selling heroin to an undercover officer and then eating $20 in city funds to destroy evidence, San Francisco Public Defender Jeff Adachi announced today.

Jury members deliberated less than four hours Monday before finding Carlos Vasquez not guilty of felony heroin sales and misdemeanor destruction of evidence. If convicted, Vasquez faced eight years behind bars, said his attorney, Deputy Public Defender Michelle Tong.

The construction worker, a San Francisco native, was arrested Nov. 9 during a police “buy-bust” operation targeting drug dealers in the Mission District. Police alleged that a decoy officer asked to buy $20 worth of crack cocaine from Vasquez while Vasquez and his girlfriend stood on Mission Street between 16th and 17th streets. Police said Vasquez instead offered to sell heroin to the decoy officer. After the alleged transaction, the decoy officer walked away and signaled to the other 11 officers involved in the sting and Vasquez was arrested.

Police found no money and no drugs on Vasquez, even during a subsequent strip search. One of the officers claimed that after showing Vasquez his badge, Vasquez chewed and swallowed the $20 bill in seconds.

During the three day trial, Tong argued that the young Latino man with closely-cropped hair was the victim of mistaken identity in a busy neighborhood full of young men who look similar.

While officers were reportedly watching Vasquez, they failed to describe his physical characteristics or clothing in any way, Tong said.

“There were no pictures, no audio or video, no witnesses, no DNA and no description in the dispatch tape or computer system. Police offered no testimony or evidence that they arrested the right man,” Tong said.

Vasquez also took the stand, testifying that he was surprised and upset by the arrest, which occurred in front of his girlfriend’s residence. Vasquez said he and his girlfriend had just eaten lunch in the neighborhood and he was finishing his cigarette in front of her building when he was surrounded by police.

Tong also questioned the officer’s description of Vasquez consuming the $20 bill. The officer testified that Vasquez lifted the bill to his mouth with an open palm. Vasquez, with the partially crumpled bill hanging halfway out of his mouth, then allegedly started chewing while staring at the officer calmly and defiantly. All of it happened, the officer testified, in the split second it took him to travel 10 feet to arrest Vasquez. The officer further testified that Vasquez turned his head as he was arrested, which was when the officer assumed Vasquez swallowed the money. Officers did not attempt to open Vasquez’s mouth to retrieve the city funds.

To illustrate the improbability of the officer’s version of events, Tong put a $20 bill in her mouth, showing jurors the space it would take up and the difficulty a person would have chewing and swallowing the item in seconds.

Adachi said the case is an example of wasted resources.

“This sting operation involved a dozen police officers waiting to arrest someone over $20 of drugs. Despite all that manpower, officers couldn’t offer any description of their suspect and instead arrested a man coming back from lunch with his girlfriend,” Adachi said.

Man Acquitted of Battery After Date At Strip Clubs Goes Awry

-
0

San Francisco, CA — A man whose night of revelry in North Beach ended in an altercation and arrest was acquitted of misdemeanor domestic violence, San Francisco Public Defender Jeff Adachi announced today.

Jurors deliberated approximately 90 minutes Thursday afternoon before finding Anthony Abadilla, 23, not guilty of one count of battery, said Abadilla’s attorney, Deputy Public Defender Seth Meisels.

Abadilla was arrested at 2:30 a.m. on Sept. 29 after bystanders reported a man had punched a woman. Responding officers found Abadilla with multiple scratches on the right side of his face stretching from his eye to his jaw line, a scrape and bump to the head and redness on the left side of his face.  His 23-year-old girlfriend’s injury was more minor — swelling and redness to one temple, according to the police report.

Abadilla, who had no criminal background, denied hitting his girlfriend.  He was arrested.  Police also handcuffed his girlfriend, whose demeanor was noted as angry, to calm her down, officers testified. She refused medical treatment and was released. Despite his injuries, Abadilla was not offered medical treatment.

During the three day trial, Abadilla testified that he, his girlfriend and two friends had spent their evening frequenting strip clubs. When Abadilla’s girlfriend was ejected for drunkenly dancing on tables, the foursome decided to go home.

The couple immediately began arguing in the back seat of their friend’s car. Abadilla testified that his girlfriend soon began hitting and kicking him.  To escape the beating, Abadilla exited the car at Columbus Avenue and Stockton Streets. His girlfriend followed, chasing him through the heart of North Beach. She grabbed him by the hair and pulled him to the ground on top of her.

Two men who told police they witnessed Abadilla hit his girlfriend took the stand, but gave conflicting accounts of the incident, Meisels said. Under cross examination, both men testified they did not see how the altercation started. One witness admitted he was a block and a half away from the alleged attack, while the other testified that he suffered from a very poor short term memory.

“It was dark, the bars had just let out for the night and it was crowded on the street. One person mistakenly thought Mr. Abadilla had hit his girlfriend. Once that person accused Mr. Abadilla, groupthink took over,” Meisels said.

Jurors later said they acquitted Abadilla after viewing his more serious injuries compared to his girlfriend’s minor one, and due to the witness’ lack of credibility. Following the trial, one juror approached Abadilla and cautioned him to watch out for his safety if he remained in the relationship. Abadilla’s girlfriend refused to cooperate with police and prosecutors and stated she did not want Abadilla arrested or charged.

The district attorney’s office should not have taken the case to trial, Meisels said.

“All prosecutors had to do to see the incredible weakness of this case was talk to the witnesses and see the glaring contradictions in their statements,” Meisels said.

Abadilla faced a year in jail if convicted.

Adachi said Abadilla was assumed to be the suspect in the case when he was actually the victim.

“Mr. Abadilla’s injuries, statements at the scene and lack of criminal history were ignored by police and prosecutors, who instead relied on the word of two people who told very different stories,” Adachi said. “Mr. Abadilla’s trial turned out to be a tremendous waste of resources.”

 

###

Man Acquitted of Sexual Assault After Retrial

-
0

San Francisco, CA — A 22-year-old sandwich shop employee accused of tackling and groping a female customer nearly a year ago has been acquitted of sexual assault charges following his second trial, San Francisco Public Defender Jeff Adachi announced today.

Jurors on Friday afternoon found John Loren not guilty of assault with attempt to commit penetration by a foreign object, sexual battery, and attempted penetration by a foreign object—charges that could have sent him to state prison for 11 years. The foreign object refers to Loren’s fingers, said his attorney, Deputy Public Defender Qiana Washington.

Loren was convicted of simple battery, a nonsexual misdemeanor, and sentenced to time served. He was released Friday from San Francisco County Jail, where he has been held since his arrest on Feb. 23, 2012. The maximum sentence on a simple battery charge is six months in jail.

Loren’s first trial ended Oct. 11, 2012 after jurors failed to reach a verdict. In that trial, jurors hung 11-1 for acquittal on the sexual assault charges and 10-2 for acquittal on the battery charge, Washington said.

Loren, a recent immigrant from the Philippines, was working at a 24-hour Subway sandwich shop on Market and 9th Streets when an 18-year-old female customer attempted to purchase cookies at 4 a.m. After two of her credit cards were declined, the customer, who didn’t have cash, asked Loren where she could find an ATM. The woman testified that Loren walked her outside to help her locate a cash machine, then shook her hand and pulled her toward him.

The customer told police that Loren then tackled her, pinning her onto the Market Street sidewalk with a single leg, groping her breast and attempting to jab his fingers into her vagina through the fabric of her pants. She testified that Loren was covering her mouth with one hand during the course of the attack.

Loren maintained that after walking the woman outside, the two began chatting. He asked permission to kiss her and she declined, offering a hug instead. When Loren moved to embrace the customer, she pulled away and lost her footing. Loren, who is 5 feet tall and 109 pounds, unsuccessfully tried to catch the woman, who is 5 feet 1 inch tall and 140 pounds. The two toppled to the ground. Loren told police that if he grabbed the woman or touched her inappropriately, it was a result of the fall.

A passing motorist and his passenger who stopped to assist testified they did not see the sexual assault. The driver testified that he had identified Loren to police as the suspect through “process of elimination.”

Ultimately, the jury found that the customer’s story didn’t add up, Washington said.

“A lot of things she described didn’t make physical sense,” Washington said. “She testified that this extremely small young man held her down with one leg draped across her body, all the while propping himself up on one elbow and holding her mouth closed.”

The jury would also have to believe that Loren, who had no criminal history of any kind, brazenly attacked a stranger on Market Street mere feet from several bystanders, Washington said.

There were also contradictions between the complaining witness’ statements on the stand and postings she made online, Washington said. The customer also produced a photo of a bruise on her breast months after the incident, which was in a different area than she initially described to police.

Washington said the jury was extremely conscientious, looking critically at each aspect of the case.

“We assume that when someone makes an allegation of sexual assault, it must be true – but what if it isn’t? We were fortunate enough to get two sets of jurors that were able to overcome these assumptions and get through the allegations to reach a just verdict,” she said.

Adachi said his office tried to convince prosecutors that a retrial in the case would be waste of resources.

“The district attorney refused to dismiss this case after the first trial, even though 11 jurors voted to acquit Mr. Loren. Fortunately, Mr. Loren’s public defender refused to give up until she won an acquittal,” Adachi said.

1...565758...86Page 57 of 86
© Newspaper WordPress Theme by TagDiv