SF Jury Acquits Man Who Spent Five Months in Jail After Defending Himself from Sexual Assault
SAN FRANCISCO — A San Francisco jury returned a verdict Tuesday of not guilty for Gregory Bolds, who had been held in jail for five months while awaiting trial on a single charge of felony assault from an incident this past May. Deputy Public Defenders Anthony Gedeon and Gabriella Rodezno represented Bolds, who told police on the scene that he was fending off a sexual assault, but the officers arrested him and never investigated his claim of self-defense. The jury deliberated for less than one day before acquitting Bolds and finally sending him home.
“The law says that a person is innocent until proven guilty, but Mr. Bolds was presumed guilty every step of the way until we were able to get in front of a jury,” said Gedeon, whose attempts to get Bolds released from jail before trial were denied by judges. As a result of being kept in jail, Bolds lost his job and one of his sons had to drop out of college to work to help pay his rent.
As a result of being kept in jail before trial, Bolds lost his job and one of his sons had to drop out of college to work to help pay his rent.
On May 25, police were called to a residential building after a neighbor heard a commotion inside a neighboring apartment and heard someone yell for help. Police spoke to Bolds, who remained on the scene and told an officer that he had fought off a sexual assault by a person whom he had met earlier that night. But that officer failed to tell their superior and never investigated that claim. Instead, Bolds was arrested and accused of assault.
The neighbor who called police and testified at trial said that he was suspicious of Bolds, a Black man, because he had never seen him before, even though he admitted that lots of visitors he doesn’t know often come and go from that building. The alleged victim in this case, who suffered bruising from the incident, refused to testify.
“We thank the jury for their service and for seeing that the state’s evidence was based on an incomplete investigation and relied on the testimony of a racially biased witness,” said Rodezno.
“After several unjust months of incarceration, Mr. Bolds’s right to a trial ultimately secured his release, highlighting the extreme importance of a speedy trial right,” said Public Defender Mano Raju, whose office continues to fight to protect this right for felony cases and restore the right for people charged with misdemeanors. “I commend the defense team for giving Mr. Bolds a chance to tell his side of the story that had been ignored by police and prosecutors.”
The defense team included Deputy Public Defenders Anthony Gedeon and Gabriella Rodezno, Investigator Collin Olsen, and Paralegal Susan Larsen.
FOR IMMEDIATE RELEASE: Oct. 13, 2023 MEDIA CONTACT: SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | Jessie.Seyfer@sfgov.org | (415) 851-2212
SF Public Defender’s Office Expresses Concern About Passage of SB 43, Which Puts Rights of People who are Mentally Ill at Greater Risk
New law expands the number of individuals who are eligible to be detained or conserved against their will
**PRESS STATEMENT**
SAN FRANCISCO — The San Francisco Public Defender’s office expressed strong concern today about SB 43, which Gov. Gavin Newsom signed into law this week, and which will make it easier for the government to detain individuals who are mentally ill in locked facilities against their will. SB 43 (Eggman, D-Stockton) changes state conservatorship law to expand the definition of when a person is “gravely disabled” and can be involuntarily detained and conserved by authorities. San Francisco Mayor London Breed announced an “executive directive” this week to put SB 43 into practice as soon as possible.
“It defies logic that Gov. Newsom has made potentially thousands more individuals with mental illness eligible to be held against their will when our mental health treatment system is already overburdened and unable to care for those who have already been detained or conserved,” said Deputy Public Defender Roberto Evangelista, who manages the SF Public Defender’s Mental Health Unit. “Patients face extensive wait times to access meager and appropriate treatment as it is. Individuals with mental health disabilities need more and better treatment opportunities in the community that support their independence and autonomy, not more confinement.”
The SF Public Defender’s Mental Health Unit represents clients with mental health disabilities in both civil and criminal proceedings, including conservatorship hearings. Conservatorship is a court proceeding in which a judge appoints a third party to direct the psychiatric treatment and finances of someone who has been deemed “gravely disabled.”
“Individuals with mental health disabilities frequently fall through the cracks of our legal system and receive substandard treatment at government facilities rather than appropriate treatment in the community,” said Deputy Public Defender Tal Klement. “SB 43’s expansive and overbroad definition of ‘gravely disabled’ raises serious concerns that more people with mental health disabilities will lose their right to receive treatment in the community and will instead be warehoused in locked institutions in violation of the Americans with Disabilities Act (ADA). The state’s mental health treatment infrastructure needs drastic reform. However, bills like SB 43 that make it easier to contravene the ADA and people’s civil rights are misguided. This is a step in the wrong direction.”
Joint Statement Expressing Disappointment Regarding Gov. Gavin Newsom’s Veto of California Assembly Bill 881, the Be The Jury California Act
San Francisco – Co-sponsors of AB 881, Offices of the San Francisco Treasurer, District Attorney, Public Defender, and Bar Association issue the following statement in response to Governor Newsom’s veto of the Be the Jury California bill:
Be The Jury San Francisco increases pay for low- to moderate-income jurors from $15 a day to $100 a day. We started this program to reduce financial barriers to serving on juries, create juries that are more economically and racially diverse, and ensure that everyone in our city can truly have a jury of their peers, which is the only right guaranteed in both the United States Constitution and Bill of Rights. Two consecutive evaluations showed that our San Francisco program achieved these goals.
While the governor’s veto means this important program will not be expanded to other counties at this time, our San Francisco program will continue, thanks to the financial support from the City and County of San Francisco and State of California funding. We are grateful for these investments, and for Assemblymember Phil Ting who authored Assembly Bill 881 and successfully obtained state funding for our local program.
The governor’s veto statement indicated that this policy reform needs to be considered through the budget process. We know that Be The Jury California is the cost-effective, impactful, smart justice reform we need right now in California. We look forward to working with the Governor’s Office during the upcoming budget process.”
SF Leaders Urge Gov. Newsom to Sign AB 881 to Increase Juror Payat Sneak Preview of Documentary “Judging Juries”
AB 881, Be The Jury CA (Ting), is on the governor’s desk
SAN FRANCISCO — Last night,a panel of San Francisco leaders gathered at cafe and performance venue Manny’s for the sneak preview of Judging Juries, a new documentary by Peabody Award-winning filmmaker Abby Ginzberg, and a discussion on jury fairness. The 22-minute film sheds light on the fact that criminal court juries are frequently not representative of their communities, and addresses the dire consequences of depriving Californians of juries that are fair cross-sections of their communities.
The film and panel discussion, which was moderated by KQED politics reporter Marisa Lagos, featured the San Francisco leaders who collaborated two years ago to create a local pilot program called Be The Jury to address this problem. The program raises juror pay for low- to moderate-income jurors from $15 to $100 a day, and has increased the racial and socioeconomic diversity of juries to better reflect the city’s demographics. Panelists included San Francisco Assemblymember Phil Ting, Public Defender Mano Raju, Treasurer José Cisneros, District Attorney Brooke Jenkins, retired Alameda County Judge Brenda Harbin-Forte, and former Be The Jury participant Gamage Carter.
The panelists endorsed state bill AB 881 (Ting, D-San Francisco), which passed the Legislature and currently sits on Gov. Gavin Newsom’s desk, awaiting his signature. AB 881, known as Be The Jury California, is modeled on the San Francisco program and would raise juror pay to $100 per day in five California counties (San Francisco and four other counties to be selected by the state Judicial Council). Newsom has until Oct. 14 to sign the bill so it can go into effect in 2024. Supporters of AB 881 Be The Jury CA (Ting) can contact the governor to urge him to sign this bill.
“I’m thrilled that so many people came out to Manny’s for this screening so we can educate more people about the importance of participating in jury duty,” said Ginzberg, who announced that another screening ofJudging Juries will be held Oct. 25 at the Grand Lake Theater in Oakland. “It was great to see so many local leaders collaborating to increase representation and fairness in jury trials.”
“California hasn’t significantly raised its jury pay for 50 years,” said Ting, who introduced AB 881. “We cannot expect people to carry out their civic duty when the state only pays $15 a day. Providing fair compensation of $100 a day to those who need it is a win-win for those who want to serve and those who deserve to see a better cross section of the community in the jury box.”
“It’s critical to empower more people from diverse backgrounds to serve on juries because too many people who are facing criminal charges don’t trust that they can get a fair trial because no one on the jury looks like them or comes from their communities,” said Raju. “Each trial benefits from having the collective wisdom of a fair cross section of the community in the jury pool.”
“Participating in civic life should not create a financial hardship, which is why I’m so proud that our Financial Justice Project has been able to put our skills and resources into setting up Be The Jury San Francisco and helping to lead the statewide effort,” said Cisneros.
“Ensuring equal access for all community members to serve on juries regardless of income will strengthen our criminal justice system and ensure that verdicts represent our communities and values,” said Jenkins. “People from lower income and diverse communities most often are directly impacted by crime and most often unable to serve because of financial hardship. Be The Jury rights this wrong.”
“One of the best ways to increase fairness in our justice system is to ensure that those facing criminal charges are afforded a jury of their peers, and offering fair compensation for jury service only increases the opportunities for people to serve their communities,” said Harbin-Forte.
“Serving on a jury is important because everyone in the community can contribute their own experiences that can flip the jury’s whole perspective on what actually could have happened in a given situation,” said Carter, who received a Be The Jury stipend for serving on a jury in San Francisco. “Being fairly compensated for jury duty changed the experience because it allowed me to serve without having to worry about what bills were or weren’t going to get paid that week.”
Judging Juries – Sneak Preview Film Screening and Panel Discussion
Filmmaker and city leaders to discuss the urgent need and pending legislation to diversify California criminal juries
WHAT:
Judging Juries, a new documentary by Peabody Award-winning filmmaker Abby Ginzberg, reveals some of the barriers to representative juries and the consequences of depriving Californians of a jury that includes a fair cross-section of their community. While many issues contribute to the lack of diversity in the jury pool, low juror pay is at the top of the list. In California, jurors receive just $15 per day, creating financial hardships for many people who can’t afford to take the time off to serve.
This film could not come at a more important moment, as Gov. Gavin Newsom weighs whether to sign Assembly Bill 881 (Phil Ting) – which was unanimously passed by the California Legislature — that would drastically increase juror pay and build off the success of San Francisco’s innovative Be The Jury program. The San Francisco Be The Jury program pays low- to moderate-income jurors $100 per day for serving, and juries have become more economically and racially diverse as a result. After the first year of the program, 60% of Be The Jury program participants were people of color, mirroring San Francisco’s racial makeup.
The city leaders behind the Be The Jury program will join the panel after the screening of Ginzberg’s 22-min film to discuss the importance of the state bill, which would make California the first state in the country to raise juror pay to $100 per day in select counties. If signed into law by the Governor, AB881 will make a huge difference in transforming juries. By eliminating the financial hardship that prevents many people from carrying out this civic right and duty, Be The Jury CA will ensure more diverse juries and improve the fairness of our justice system.
WHEN: October 3, 2023, from 5-7 PM
WHERE: Manny’s, 3092 16th St., San Francisco, CA 94103
WHO: Immediately following the short film will be a panel discussion, moderated by KQED’s California Politics and Government Desk correspondent Marisa Lagos, featuring:
Assemblymember Phil Ting
San Francisco Public Defender Mano Raju
San Francisco Treasurer José Cisneros
San Francisco District Attorney Brooke Jenkins
Former juror Gamage Carter
Retired Judge Brenda Harbin-Forte
RSVP & MEDIA INQUIRIES: Members of the media are invited to attend and cover the event. Please RSVP as space is limited. To request more information or interviews, please contact Valerie Ibarra at valerie.ibarra@sfgov.org at the San Francisco Public Defender’s Office.
ABOUT THIS EVENT: This film screening and panel is co-hosted by Abby Ginzberg, Social Action Media, the San Francisco Financial Justice Project in the Treasurer and Tax Collector’s Office, the San Francisco Public Defender’s Office, the San Francisco Bar Association, Assemblymember Phil Ting and Akonadi Foundation.
San Francisco Public Defender’s Office Condemns SFPD Shooting of Richard Everett in Tenderloin District
SAN FRANCISCO – On Aug. 28, members of the San Francisco Police Department shot at Richard Everett, 54, after being dispatched to the scene regarding a man with a knife. Everett was taken to San Francisco General Hospital after suffering multiple gunshot wounds to his chest and other areas of his body. He remains in the hospital, and is being held under the Sheriff’s custody, as he faces several charges related to his arrest. Deputy Public Defender Nuha Abusamra has been provisionally appointed to represent Everett, and will arraign him in his absence on Wednesday, Sept. 13, at 850 Bryant in Department 10 at 9 a.m. After meeting with her client and reviewing the SFPD town hall footage, Abusamra issues the following statement:
“I was deeply disturbed to learn that SFPD had shot my client, Mr. Everett. Known by his friends as ‘Louisiana,’ Mr. Everett is a longtime resident of the Tenderloin, and a Black man, who has survived a lifetime of trauma that has only increased from this shooting. He remains in the hospital due to this act of police brutality and may never be able to use his right hand again.
The footage of the police shooting Mr. Everett is gruesome. When the police closed off the 300 block of Jones Street and surrounded Mr. Everett, they were not in danger. Police spent roughly 15 minutes giving him conflicting commands, both asking him to drop the knife and then telling him he could keep it. When Mr. Everett tried to slowly walk away while holding a milk crate in one hand and his duffel bag in the other, police opened fire with both less-lethal and lethal rounds in quick succession. That is not de-escalation. That is an attempt to execute him. Miraculously, Mr. Everett escaped with his life, but he is now the one who is facing criminal charges. We intend to fight all the counts as charged.”
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Screenshot of police body worn camera footage released by SFPD at a virtual Town Hall regarding the police shooting of Richard Everett after police closed off the 300 block of Jones Street, San Francisco, on Aug. 28, 2023. Captions generated by YouTube. Watch the town hall meeting from Sept. 7, 2023 on YouTube.
FOR IMMEDIATE RELEASE: Sept. 6, 2023 CONTACT: SF Public Defender Public Relations Officer Jessie Seyfer | (415) 851-2212 | PubDef-MediaRelations@sfgov.org
**PRESS RELEASE**
SAN FRANCISCO — Today, as students across the country return to school, the San Francisco Public Defender’s Office announced a new community empowerment initiative, the College Pathway Project, which formalizes partnerships with San Francisco State University’s Project Rebound and City College of San Francisco’s New Directions programs, to make it easier for current and former Public Defender clients to attend college. These partnerships are informed by overwhelming evidence of the benefits of higher education programs for system-involved individuals; programs like these are powerful tools for expanding job opportunities, keeping people out of the criminal system, and strengthening communities.
“Public Defenders meet our clients when they are often at the most challenging point in their lives, and when the legal system is threatening their liberty and their future. Instead of criminalization, our clients deserve a chance to realize their potential,” said San Francisco Public Defender Mano Raju. “We are thrilled to be partnering with SFSU Project Rebound and CCSF New Directions to connect our clients with the resources they need to help them thrive, because we know that their success has exponential benefits for their families and the community at large.”
The San Francisco Public Defender’s office has had informal ties to Project Rebound previously, but this formal partnership will bring closer collaboration and more referrals of current and former clients to access academic and financial aid counseling, job placement, peer support, tutoring, and many other critical services. The Public Defender’s Office will now have a designated space for Project Rebound to liaise with attorneys and social workers in their office, and Project Rebound staffers will attend court hearings and advocate on behalf of client participants for improved legal outcomes.
“I take great pride in our program and in being a living example of what successful reintegration looks like in a college setting,” said San Francisco State Project Rebound Executive Director Jason Bell. “When I first came out of prison, I could only have wished for the level of support that Project Rebound provides. Most college counselors aren’t used to working with people in prison and handling prison mail, or helping recently incarcerated students learn how to do things like online college applications. This is why our services are so critical and why this partnership is so important.”
The Public Defender’s Office is also formalizing a partnership with City College of San Francisco’s New Directions program, which has just received new grant funding from the state to expand its staff and program capacity.
City College Student Trustee Heather Brandt, whose own family has been impacted by incarceration, said: “I want to thank the San Francisco Public Defender’s office for their willingness to collaborate to meet the needs of those that have been impacted by the carceral system, people who are such a vital and integral part of our community. I also want to thank our City College board of trustees and our chancellor for heeding the community’s call to support our systems-impacted students by pursuing state funding. This is equity in action!”
“We’re grateful for the outstanding partnership with the San Francisco Public Defender’s Office, and look forward to the upcoming collaborations that will springboard San Francisco to the forefront in providing educational opportunities and support for students who have been impacted by incarceration,” said City College Chancellor Dr. David Martin.
San Francisco State Project Rebound participant Belinda Anderson is a former Public Defender’s office client and is working on getting a bachelor’s degree in communications after earning her associate’s degree in humanities while incarcerated. Project Rebound assisted Anderson in applying for resources online, buying books, navigating through campus, even escorting her to class on her first day. “For me, Project Rebound represents hope. It’s an olive branch,” she said. “They extended their branch and opened their arms to me, and helped me in so many ways. They weren’t looking down their nose at you. My experience was wonderful.”
Former Public Defender’s office client Carmen Padilla participated in Project Rebound at CSU-Stanislaus and also worked as an assistant with the program. This past spring, she earned her bachelor’s degree in criminal justice with a concentration in juvenile justice. This fall, she’ll be applying to programs to get a master’s in public administration. “Project Rebound has been my foundation,” she said. “I want more people to know about Project Rebound and other programs like it, so that people know that there are opportunities for them to break the cycle of what they’re used to.”
Members of the San Francisco Public Defender’s Office, SFSU Project Rebound, and CCSF New Directions gather to announce the new Public Defender College Pathway Project. September 6, 2023.
CONTACT: PubDef-MediaRelations@sfgov.org | PIO Valerie Ibarra (628)249-7946
**PRESS RELEASE**
SF Jury Acquits Woman Who Defended Herself Against Stalker Who Sent Revenge Porn to Her Children
SFPD Investigators Never Followed Up on Her Claims of Self-Defense
SAN FRANCISCO — A San Francisco jury acquitted an SF woman on Friday of felony assault charges stemming from an October 2021 incident where she defended herself against a man who had spent years stalking and threatening her, including recording a sexual encounter without her consent and creating a fake Facebook account to send that video to her teenage children. At trial, Deputy Public Defender Will Helvestine represented the woman, who is being identified as Maria in this press release to protect her privacy, and he argued that she acted in lawful self-defense and that the police failed to take her stalking allegations seriously.
On Oct. 25, 2021, the man, whom Maria had briefly dated three years prior, again showed up at her workplace, as he did on a daily basis. He threatened to send the explicit video to Maria’s other family members unless she went with him to his apartment. Once there, he hit and grabbed her from behind and she believed he was going to rape her. Maria grabbed a kitchen knife and sliced his arm to get away. The man’s relative came in from the other room and inserted himself into the altercation, getting a cut on his hand in the process. Even though Maria stayed on scene and told police she was acting in self-defense, police arrested her and prosecutors charged her with two counts of felony assault. On Friday, August 11, 2023, a jury acquitted her of both charges.
“I was honored to represent Maria, who deserved the justice that this jury delivered by fully acquitting her,” said Helvestine. “This egregious prosecution holds up an ugly mirror to the criminal justice system. It shows how police can refuse to meaningfully investigate certain leads, how prosecutors pursue cases based on half-truths in police reports, and how people who are clearly victims can end up being wrongly criminalized.”
“This egregious prosecution holds up an ugly mirror to the criminal justice system. It shows how police can refuse to meaningfully investigate certain leads, how prosecutors pursue cases based on half-truths in police reports, and how people who are clearly victims can end up being wrongly criminalized.”
Deputy Public Defender Will Helvestine
Witnesses at trial included two SFPD officers who acted as certified Spanish interpreters on the scene, one of whom also participated in Maria’s interrogation. Body-worn camera footage and transcripts showed that Maria made multiple attempts to explain the ongoing harassment, but the officers either left out key details from their reports or failed to translate everything she was saying. Police still had plenty of information documenting her claims, but never followed up with the people Maria urged them to contact in order to corroborate her story.
At trial, the defense called Maria’s teenaged children, who testified about receiving the sexually-explicit video from a man they had never heard of. Maria’s co-workers corroborated her claims that the man regularly followed her to and from work. All of the witnesses testified that no one from SFPD had ever contacted them.
“Trials are often the only time San Franciscans learn the truth behind certain charges and get a glimpse at the inner workings of the criminal legal system,” said San Francisco Public Defender Mano Raju, whose office has been advocating for SF Superior Court to address the backlog of over 1,100 cases. Due to a number of factors, including the court backlog and witness availability, this trial was several months overdue. “I commend the defense team for its thorough investigation and representation of Maria, especially as they endured long delays for this trial to proceed.”
The defense team included Deputy Public Defender WillHelvestine, Investigator Jose Mendoza, and Paralegal Nathan Conn.
Media Contact: PubDef-Mediarelations@sfgov.org | Jessie Seyfer, public relations officer | (415) 851-2212
**PRESS STATEMENT**
SAN FRANCISCO — The San Francisco Public Defender’s Office is condemning SF Supervisor Matt Dorsey’s suggestion to re-allocate $18.9 million in city funds earmarked for Wellness Hubs to jail-based services for individuals arrested in sweeps for public intoxication. Elected Public Defender Mano Raju issues the following statement:
“The city’s latest program of arresting and detaining individuals for public drug intoxication has been an utter failure by all accounts, and calling for increased funding of this cruel program defies all logic. These sweeps ignore evidence-based solutions to our city’s public health crisis and have not been successful in connecting people who have been arrested to treatment.
These sweeps are politically motivated, War-on-Drugs tactics, and amount to state-sponsored harassment of vulnerable individuals. These detentions are more concerned with sweeping people struggling with substance use disorder temporarily out of sight than with helping them get well. Drug policy experts and decades of research have demonstrated that drug prosecutions are ineffective and harmful. Over the last year, the overdose crisis has only worsened, and these renewed arrests for public intoxication are only putting people struggling with substance use disorder more at risk.
The last 50 years of the War on Drugs have targeted and criminalized the poor and communities of color. This law enforcement approach has fueled mass incarceration and drained public resources away from evidence-based public health solutions. It has squandered one trillion dollars nationally and millions in San Francisco. The millions of dollars the city is pouring into the ineffective and harmful policing and prosecution of drug-related crimes would have a better return on investment if they were being used on Wellness Hubs, treatment on demand, overdose prevention centers, housing, and employment training. If the city is serious about reducing overdoses and saving lives, our resources should be invested in evidence-based public health solutions, and not in causing more harm and suffering to vulnerable communities.”
San Francisco Public Defender PIO Valerie Ibarra | (628) 249-7946 | PubDef-MediaRelations@sfgov.org
**PRESS RELEASE**
SF Public Defender’s Office Concludes “Summer Sit-In” Series Protesting Speedy Trial Violations and Court Backlog; Reports Progress in Felony Courts, Continued Violations in Misdemeanors
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Today, the San Francisco Public Defender’s Office held its eighth and final “Summer Sit-In” demonstration to draw attention to San Francisco Superior Court’s severe trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals have been languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The Public Defender’s Office has been urging the court to use all available courtrooms for criminal jury trials or to dismiss overdue cases, as other counties have done. Today, the office announced that the court has begun honoring speedy trial rights in felony cases for the first time since March 2020, while nearly 1,000 misdemeanor cases remain overdue.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s office and community allies have been gathering in front of various city courthouses on eight consecutive Fridays to hold up large posters displaying the latest number of individuals deprived of their Constitutional trial rights and pass out factsheets to educate the public about the trial delays and ongoing litigation efforts.
Today’s (July 28th) Summer Sit-In session was held on the steps of the Hall of Justice at 850 Bryant St. The demonstration addressed the continuing efforts to challenge the trial backlog, in particular the backlog of misdemeanor trials. Speakers included elected San Francisco Public Defender Mano Raju, Deputy Public Defender Douglas Welch of the Felony Unit, Deputy Public Defender Jacque Wilson of the Misdemeanor Unit, and two community members who have participated in the weekly protests.
“Thanks to the work and pressure of so many people, the court has begun honoring the 60-day speedy trial deadlines in felony court. Even though some cases remain overdue, this is a huge step,” said Welch.
“Speedy trials have become an endangered species in San Francisco,” said Wilson, after noting that pre-pandemic, the court would hold up to 150 misdemeanor trials per year, but since misdemeanor trials resumed in 2021, the court is only averaging 15 misdemeanor trials per year.
“This situation is by no means over and our work is not done,” said Raju. “The bulk of cases that are delayed past their Constitutionally mandated deadlines are misdemeanors, and those cases are still getting unacceptably delayed. We’re going to continue to fight in the courtroom and in the public to end trial delays and we’re going to keep putting the pressure on because justice delayed is justice denied.”
Background and Impact of the SF Trial Backlog:
In September 2021, Raju joined taxpayers and mothers of incarcerated individuals, and filed a civil lawsuit against SF Superior Court to contest the court’s practice of continuing cases past their last day. In June 2023, a state appeals court ruled that this lawsuit was allowed to proceed. The Court of Appeal roundly criticized the SF Superior Court’s arguments that Raju did not have legal standing to sue, describing the court’s arguments as “specious” and “plainly without merit,” and calling out their “outright misleading” “selective quotation” of case law. Read more about this legal challenge here.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial.
In June 2023, a jury acquitted Charles Underwood after only two hours of deliberation in a misdemeanor trial that was already four months overdue. Mr. Underwood is legally blind but was ordered to abide by a broad stay-away order from an area of town where he’s resided unhoused for three years. Upon an arrest for panhandling in the restricted zone in May, he asked to stay in jail in hopes that he’d get to trial faster so he would no longer be subjected to those unreasonable restrictions.
In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total.
In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
San Francisco Public Defender PIO Valerie Ibarra | (628) 249-7946 | PubDef-MediaRelations@sfgov.org
**PRESS RELEASE**
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog; Seventh in Series Focuses on Legal Challenges to the Backlog
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Every Friday this summer, the San Francisco Public Defender’s Office is holding a series of demonstrations, “Summer Sit-ins,” taking place in front of the city’s courthouses to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The court has failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s Office and community members are gathering in front of the city’s courthouses (either at 850 Bryant St. or 400 McAllister St.) on eight consecutive Fridays from noon to 1 p.m. to educate the public and hold up large posters displaying the latest number of individuals deprived of their Constitutional right to a speedy trial.
Today’s (July 21st) Summer Sit-In session was at the Civic Center courthouse at 400 McAllister St., where misdemeanor trials take place. Despite a backlog of over 900 overdue misdemeanor cases, only two courtrooms have been allotted to hold misdemeanor trials. Currently, one of those two is empty while a judge is on vacation without a replacement.
Today’s (July 21st) demonstration addressed the legal challenges that the San Francisco Public Defender’s Office has launched against the Superior Court backlog. Speakers included Sujung Kim, managing attorney for the San Francisco Public Defender’s Research Unit, and Deputy Public Defender Zach Waterman from the Misdemeanor Unit.
Kim discussed the civil lawsuit challenging the backlog filed in September 2021 by SF Public Defender Mano Raju, along with taxpayers and mothers of incarcerated individuals. In early June, a state appeals court ruled that this lawsuit was allowed to proceed. The Court of Appeal roundly criticized the SF Superior Court’s arguments that Raju did not have legal standing to sue, describing the court’s arguments as “specious” and “plainly without merit,” and calling out their “outright misleading” “selective quotation” of case law. Read more about this legal challenge here.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial.
In June 2023, a jury acquitted Charles Underwood after only two hours of deliberation in a misdemeanor trial that was already four months overdue. Mr. Underwood is legally blind but was ordered to abide by a broad stay-away order from an area of town where he’s resided unhoused for three years. Upon an arrest for panhandling in the restricted zone in May, he asked to stay in jail in hopes that he’d get to trial faster so he would no longer be subjected to those unreasonable restrictions.
In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total.
In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Summer should be a time spent with family and community, not locked in a cage while your Constitutional rights continue to be trampled upon,” said Raju. “We must keep pressure on the court system to right this wrong because the backlog just keeps growing. The right to a speedy trial is enshrined in the Sixth Amendment of the U.S. Constitution to prevent the government from violating the liberty of all who are presumed innocent under the law. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance.”
The Public Defender’s Office welcomes the public to join the Summer Sit-In series to learn more about the trial delays, and will be handing out factsheets during the demonstrations.
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog; Fifth in Series Focuses on Police Traffic Stops
FOR IMMEDIATE RELEASE: July 7, 2023
MEDIA CONTACT:
Jessie Seyfer, SF Public Defender’s Office | (415) 851-2212 | PubDef-MediaRelations@sfgov.org
**PRESS RELEASE**
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Every Friday this summer, the San Francisco Public Defender’s Office is holding a series of demonstrations, “Summer Sit-ins,” taking place at the Hall of Justice to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s Office and community members are gathering on the front steps of the Hall of Justice at 850 Bryant St. on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional right to a speedy trial.
Today’s (July 7th) Summer Sit-In session addressed police “pretext” traffic stops, which commonly lead to unnecessary searches, police violence and overpolicing of Black and brown communities. Such stops also clog the courts with matters that add to the trial backlog and do not improve the health and safety of San Francisco communities. San Francisco’s Police Commission passed the most comprehensive policy limiting pretext stops in the nation earlier this year, but it has not yet been put into practice. Speakers at today’s Summer Sit-In included ACLU of Northern California Criminal Justice Program Director Yoel Haile and San Francisco Public Defender Integrity Unit Chief Brian Cox.
In early June, a state appeals court ruled that a civil lawsuit challenging the backlog that San Francisco Public Defender Mano Raju, along with taxpayers and mothers of incarcerated individuals, filed in September 2021 against SF Superior Court, was allowed to proceed. The Court of Appeal roundly criticized the SF Superior Court’s arguments that Raju did not have legal standing to sue, describing the court’s arguments as “specious” and “plainly without merit,” and calling out their “outright misleading” “selective quotation” of case law. Read more about this legal challenge here.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial.
In June 2023, a jury acquitted Charles Underwood after only two hours of deliberation in a misdemeanor trial that was already four months overdue. Mr. Underwood is legally blind but was ordered to abide by a broad stay-away order from an area of town where he’s resided unhoused for three years. Upon an arrest for panhandling in the restricted zone in May, he asked to stay in jail in hopes that he’d get to trial faster so he would no longer be subjected to those unreasonable restrictions.
In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total.
In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Summer should be a time spent with family and community, not locked in a cage while your Constitutional rights continue to be trampled upon,” said Raju. “We must keep pressure on the court system to right this wrong because the backlog just keeps growing. The right to a speedy trial is enshrined in the Sixth Amendment of the U.S. Constitution to prevent the government from violating the liberty of all who are presumed innocent under the law. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance.”
The Public Defender’s Office welcomes the public to join the Summer Sit-In series to learn more about the trial delays, and will be handing out factsheets during the demonstrations.
SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | (628)249-7946
**PRESS RELEASE**
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog; Fourth in Series to Focus on Bill of Rights
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Every Friday this summer, the San Francisco Public Defender’s Office is holding a series of demonstrations, “Summer Sit-ins,” taking place at the 850 Bryant Street Hall of Justice to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s Office and community members are gathering on the front steps of the Hall of Justice at 850 Bryant St. on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional right to a speedy trial.
Today’s (June 30th) Summer Sit-In session, in advance of the Fourth of July holiday, celebrated our constitutional rights by reading from the Bill of Rights, including the Sixth Amendment which guarantees the right to a speedy trial.
In early June, a state appeals court ruled that a civil lawsuit challenging the backlog that San Francisco Public Defender Mano Raju, along with taxpayers and mothers of incarcerated individuals, filed in September 2021 against SF Superior Court, was allowed to proceed. The Court of Appeal roundly criticized the SF Superior Court’s arguments that Raju did not have legal standing to sue, describing the court’s arguments as “specious” and “plainly without merit,” and calling out their “outright misleading” “selective quotation” of case law. Read more about this legal challenge here.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial.
Last week, June 2023, a jury acquitted Charles Underwood after only two hours of deliberation in a misdemeanor trial that was already four months overdue. Mr. Underwood is legally blind but was ordered to abide by a broad stay-away order from an area of town where he’s resided unhoused for three years. Upon an arrest for panhandling in the restricted zone in May, he asked to stay in jail in hopes that he’d get to trial faster so he would no longer be subjected to those unreasonable restrictions.
In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total.
In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Summer should be a time spent with family and community, not locked in a cage while your Constitutional rights continue to be trampled upon,” said Raju. “We must keep pressure on the court system to right this wrong because the backlog just keeps growing. The right to a speedy trial is enshrined in the Sixth Amendment of the U.S. Constitution to prevent the government from violating the liberty of all who are presumed innocent under the law. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance. To address this human rights crisis, in September 2021, I sued the SF Superior Court to demand an end to the trial delays. I applaud the state appeals court decision allowing my lawsuit to proceed.”
The Public Defender’s Office welcomes the public to join the Summer Sit-In series to learn more about the trial delays, and will be handing out factsheets during the demonstrations.
MEDIA CONTACT: SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | (415) 851-2212
**PRESS RELEASE**
SF Public Defender’s Office Continues “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog; Second in Series Focuses on Racial Justice in Honor of Juneteenth
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Every Friday this summer, the San Francisco Public Defender’s Office is holding a series of demonstrations, “Summer Sit-ins,” taking place at the 850 Bryant Street Hall of Justice to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions, and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done. To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s Office are gathering on the front steps of the Hall of Justice at 850 Bryant St. on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional right to a speedy trial.
Today’s (June 16) Summer Sit-In session honored Juneteenth, and highlighted the impact of the trial backlog on the Black community. This session was co-hosted by the SF Public Defender’s Office Black Affinity Group and its Racial Justice Committee. Speakers included Anietie Ekanem, a member of the San Francisco African American Reparations Advisory Committee, and San Francisco Deputy Public Defender Tamani Taylor.In early June, a state appeals court ruled that a civil lawsuit challenging the backlog that San Francisco Public Defender Mano Raju, along with taxpayers and mothers of incarcerated individuals, filed in September 2021 against SF Superior Court, was allowed to proceed. The Court of Appeal roundly criticized the SF Superior Court’s arguments that Raju did not have legal standing to sue, describing the court’s arguments as “specious” and “plainly without merit,” and calling out their “outright misleading” “selective quotation” of case law. Read more about this legal challenge here.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial. In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total. In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Summer should be a time spent with family and community, not locked in a cage while your Constitutional rights continue to be trampled upon,” said Raju. “We must keep pressure on the court system to right this wrong because the backlog just keeps growing. The right to a speedy trial is enshrined in the Sixth Amendment of the U.S. Constitution to prevent the government from violating the liberty of all who are presumed innocent under the law. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance. To address this human rights crisis, in September 2021, I sued the SF Superior Court to demand an end to the trial delays. I applaud the state appeals court decision allowing my lawsuit to proceed.”The Public Defender’s Office welcomes the public to join the Summer Sit-In series to learn more about the trial delays, and will be handing out factsheets during the demonstrations.##For more information about the San Francisco Superior Court backlog, please visit https://sfpublicdefender.org/open-sf-courts-now.
FOR IMMEDIATE RELEASE: June 9, 2023
MEDIA CONTACT:
SF Public Defender’s Office | PubDef-MediaRelations@sfgov.org | (415) 851-2212
**PRESS RELEASE**
SF Public Defender’s Office Launches “Summer Sit-Ins” to Draw Attention to Worsening Trial Backlog as State Appeals Court Allows a Lawsuit Challenging the Backlog to Move Forward
More than 1,100 trials are delayed past their Constitutionally-mandated deadlines, with 115 people languishing in SF jail subject to near-lockdown conditions and no sunlight.
SAN FRANCISCO — Today, the San Francisco Public Defender’s Office launched a series of demonstrations, “Summer Sit-ins,” taking place every Friday this summer at the 850 Bryant Street Hall of Justice, to draw attention to San Francisco Superior Court’s severe and worsening trial backlog. The backlog is denying more than 1,100 individuals of their Constitutional right to a speedy trial, and 115 of these individuals are languishing in San Francisco jail for months and even years past their trial deadlines, subject to near-lockdown conditions, and no sunlight. The courts have failed to meaningfully address the growing trial backlog or to dismiss overdue cases, as other counties have done.
To draw attention to this ongoing crisis, staffers from the San Francisco Public Defender’s Office will gather on the front steps of the Hall of Justice at 850 Bryant St. on eight consecutive Fridays from noon to 1 p.m. to hold up large posters displaying the latest number of individuals deprived of their Constitutional right to a speedy trial.
Yesterday, a state appeals court ruled that a civil lawsuit challenging the backlog that San Francisco Public Defender Mano Raju filed in September 2021 against SF Superior Court along with mothers of incarcerated individuals, was allowed to proceed. Read more about this legal challenge here.
The Public Defender’s Office is also awaiting a decision by the California Supreme Court on whether it will take up a petition to review a separate lower court decision that denied relief to two public defender clients who sought to have their overdue cases dismissed. That petition, filed in April 2023, is supported by the national non-profit Civil Rights Corps.
Community members have seen their lives completely upended by the backlog, only to have charges dismissed or to be acquitted at trial. In November 2022, a judge dismissed charges against Sarina Borg, a mother who was accused of aiding and abetting a homicide in May 2020. Borg’s trial came two years past her Constitutionally-mandated deadline, and she was caged in the San Francisco Jail for 2.5 years total. In January 2022, a jury acquitted former firefighter Stephen Kloster of felony assault charges after deliberating for a day and a half. Kloster, the primary caregiver for his 87-year-old mother who suffers from schizophrenia, had spent 410 days in jail, including 274 days past his trial deadline.
“Summer should be a time spent with family and community, not locked in a cage while your Constitutional rights continue to be trampled upon,” said Raju. “We must keep pressure on the court system to right this wrong because the backlog just keeps growing. The right to a speedy trial is enshrined in the Sixth Amendment of the U.S. Constitution to prevent the government from violating the liberty of all who are presumed innocent under the law. But too many people in San Francisco are waiting months and years, often in jail or shackled to 24/7 ankle monitors, just to get that chance. To address this human rights crisis, in September 2021, I sued the SF Superior Court to demand an end to the trial delays. I applaud the state appeals court decision yesterday allowing my lawsuit to proceed.”
The Public Defender’s Office welcomes the public to join the Summer Sit-In series to learn more about the trial delays, and will be handing out factsheets during the demonstrations.##For more information about the San Francisco Superior Court backlog, please visit https://sfpublicdefender.org/open-sf-courts-now.
##
Summer Sit-In Kick Off on Friday, June 9, 2023, hosted by the San Francisco Public Defender’s Office. Signs show the number of people whose speedy trial rights are being violated by SF Superior Court. As of the end of April, 1,160 trials have been delayed past their deadline, including for 115 people who remain jailed without trial for weeks, months, or years past their speedy trial deadline.
Summer Sit-Ins flier with QR code to RSVP to join weekly demonstrations on the steps of 850 Bryant St., San Francisco.
