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Jeff Adachi To Testify Against Extending SB 40

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San Francisco, CA — San Francisco Public Defender Jeff Adachi will testify at the State Capitol Tuesday, Nov. 9 against extending a proposed bill that would worsen California’s prison crisis.

Senate Bill 40 gives unprecedented power to judges to sentence people to the maximum term based on facts not found by a jury. SB 40 was introduced by State Senator Gloria Romero in 2007 at the request of Los Angeles prosecutors.

On Tuesday, during a 9:30 a.m. hearing of the Assembly Committee on Public Safety, Adachi will ask lawmakers to allow the bill to expire instead of extending its sunset date to 2012.  SB 40 was the proposed “fix” to the 2006 U.S. Supreme Court Cunningham v. California decision that declared California’s sentencing laws unconstitutional. In Cunningham, the Court ruled that a jury must find beyond a reasonable doubt any sentencing factor used to sentence a person to the maximum term.

“The question is whether a judge should be allowed to sentence a person to the maximum term, relying on facts that have not been proven to a jury beyond a reasonable doubt, as required by the Constitution,” Adachi said. “I will be asking the Assembly not to re-up the law and allow it to sunset. I will also be arguing that the law requires at a minimum that the prosecution plead and prove any facts it intends to rely upon in increasing a person’s sentence. This will allow for a full adjudication of the alleged fact in question and permit both the prosecution and defense to offer evidence in favor and against the alleged fact.”

Adachi noted that Senate Bill 40 would allow judges to vastly increase the length of sentences and, therefore, the cost of incarcerating people.

According to U.S. Department of Justice and corrections industry statistics, California taxpayers paid $45,045 per inmate per inmate in 2009 —36% higher than the national average. According to a 2007 report by the Legislative Analyst’s Office, the state prison population has tripled since the mid-1980s, costing taxpayers billions and prompting Governor Arnold Schwarzenegger to declare a state of emergency in October, 2006 due to prison overcrowding.

Ethnic minorities are likely to bear the brunt of SB 40’s negative effects, Adachi said.

“Again and again, national and state studies have shown that African Americans and Latinos are more likely to receive maximum sentences than their Caucasian counterparts. These inequities would only grow if SB 40 becomes law,” he said.

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Hate Crime Case Against Former NFL Lineman Ends In Acquittals, Mistrial

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San Francisco, CA — A former NFL lineman accused of two racially-motivated attacks was acquitted of two counts of battery with hate crime enhancements and one count of felony criminal threats, San Francisco Public Defender Jeff Adachi announced today.

A mistrial was declared on an additional felony assault charge against 36-year-old Christopher Brymer after the jury deadlocked 10-2 in favor of acquittal, said his attorney, Deputy Public Defender Niki Solis. Jury members deliberated two days before reaching their verdict Monday afternoon.

Brymer, a homeless man and former University of Southern California and National Football League offensive lineman, was arrested July 20, 2010. Brymer, who is white, was accused of using racial epithets against a pair of black men during a fight at a soup kitchen July 19, as well as threatening to kill them. One of the men claimed Brymer attacked him a second time on a Muni platform the following day.

One of the complaining witnesses, a convicted sex offender, later recanted his story and was not called to testify by prosecutors during the two-week trial. The remaining man, who has a long and violent criminal history that includes falsely accusing others of crimes, changed his story numerous times on the stand, Solis said.

Key in the jury’s decision was the surveillance tape from the Muni platform, Solis said.

“The attack on the Muni platform simply did not happen,” Solis said. “The video clearly shows both men ignoring each other before Mr. Brymer’s accuser calmly gets on the train.”

Brymer faced more than 13 years in state prison if convicted. Numerous former teammates testified and wrote letters in his behalf, stressing that Brymer was not a racist.

Adachi applauded the jury’s decision.

“Mr. Brymer maintained his innocence from the beginning. Through video surveillance, he was able to prove it in court,” Adachi said.

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Woman Acquitted Of Hate Crime In KKKatie Case

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San Francisco, CA — A 24-year-old woman accused of spray-painting offensive graffiti around San Francisco was acquitted of felony hate crime charges Wednesday afternoon, San Francisco Public Defender Jeff Adachi announced.

The jury deliberated a day and a half before finding San Francisco resident Katherine Dunbar not guilty of hate crime allegations. She was convicted on one count of felony vandalism for painting “KKKatie, All This Means Nothing” on the William McKinley statue in the Golden Gate Park Panhandle, said her attorney, Deputy Public Defender Vilaska Nguyen. The jury hung 6-6 on a felony terrorism charge and convicted Dunbar of nine misdemeanor counts of vandalism and one misdemeanor charge of assault on an officer.

Dunbar was arrested at Bay to Breakers on May 17, 2010 and accused of a four-month vandalism spree, tagging businesses, murals, public transportation, portable toilets and other city property, along with landmarks such as Grace Cathedral, the War Memorial Opera House and the McKinley Statue. She was also accused of assaulting a witness and later biting a police officer at San Francisco General Hospital.  Prior to the trial, Dunbar was charged with 10 felony counts and six misdemeanors. On Thursday, Superior Court Judge Wallace Douglass granted the defense’s motions for directed acquittals on a second felony hate crime charge and a misdemeanor vandalism charge. Douglass dismissed another felony charge and whittled the bulk of the remaining felonies down to misdemeanors after the prosecution failed to sufficiently prove its case.  Jurors deliberated on two felony charges and 12 misdemeanors.

In addition to her tag name, KKKatie, Dunbar’s graffiti included backward swastikas and anarchist sentiments. During the weeklong trial, Nguyen presented evidence that Dunbar co-opted her childhood nickname, K-K-Katie, which was based on a song, into a graffiti moniker.

“The name KKKatie and the backward swastikas were a terribly misguided effort to shock people through art and make them question their assumptions,” Nguyen said. “When this case began, it was obvious Katie was not a racist but a misguided kid with a bad tag moniker. This was clear to the jury because they had no question about her intention and acquitted her of the hate crime charges.”

Adachi said he believes the verdict was fair.

“The jury clearly agreed with the defense about Ms. Dunbar’s intentions and concluded it was not a hate crime,” Adachi said.

Man Fed Up With Gun Violence Acquitted Of Carrying Firearm

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San Francisco, CA — A 20-year-old man who removed a gun from a Tenderloin sidewalk was acquitted by a jury of carrying a concealed and loaded weapon, San Francisco Public Defender Jeff Adachi announced today.

The jury deliberated for eight hours before finding Robbie Marucut of San Francisco not guilty late Tuesday, said his attorney, Deputy Public Defender Abigail Rivamonte.  Marucut faced two years in jail if convicted of the misdemeanor charges.

Marucut, a waiter with no criminal convictions, was arrested the night of Sept. 14, 2010 on his way home from a gathering in the Tenderloin for a friend who had committed suicide with a handgun.

“Mr. Marucut was walking to catch the bus when he saw a shiny object on the ground and was shocked to realize it was a gun,” Rivamonte said. “He had grown up in the Tenderloin and had seen too many gun-related tragedies. He had just buried his friend the previous day. He removed the gun for safety reasons.”

Police officers claimed that they stopped Mr. Marucut moments later because they received a call from dispatch regarding a suspect that fit Mr. Marucut’s description.  Marucut was arrested on the corner near the Tenderloin Police Station, where he had been walking to turn in the weapon.

During the one-day trial, Marucut testified that he could not explain his side of the story to police because they immediately told him to shut up at gunpoint. Police testified they surrounded Marucut with six officers and four patrol vehicles.

Marucut’s supervisor at Social Kitchen Brewery, who testified as a character witness, said Marucut is a longtime, hardworking employee who he trusts with keys to the restaurant.

“In the end, jurors recognized that Mr. Marucut was telling the truth and was simply trying to return the gun to the police station,” Rivamonte said. “He was concerned that a conviction would ruin his plans to go back to college and he cried tears of joy when the verdict was read.”

Adachi praised the jury’s decision.

“Mr. Marucut tried to do the right thing and ended up being arrested. Fortunately, his attorney was able to unravel the misunderstanding and the jury reached the right verdict,” Adachi said.

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Jury Acquits Man Of Felony Drug Sales

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San Francisco, CA — Following a four day trial, a jury acquitted a 49-year-old disabled man of trying to sell his pain pills to an off-duty officer in the Tenderloin, San Francisco Public Defender Jeff Adachi announced today.

Clint Hunt of Oakland, who suffers chronic pain from a cracked skull, damaged back and a bone condition, faced up to 17 years in state prison, said his attorney, Deputy Public Defender Phoenix Streets.  The jury convicted Hunt late Friday afternoon on the lesser charges of drug possession and violating his probation.

Hunt, who admits he is addicted to the narcotics he uses to control his pain and manage his anxiety, had successfully completed San Francisco Drug Court two years ago. Despite having been accepted to a drug rehabilitation program, Hunt was sentenced Friday to three years in state prison by Judge Ronald Albers, who oversees Drug Court.

“I’m pleased that Mr. Hunt was able to avoid 17 years in prison. However, I am disheartened that he will spend any time behind bars instead of being allowed to complete the treatment Judge Albers once endorsed,” Streets said.

Hunt was arrested July 15, 2010 after an off-duty officer saw him carrying a small plastic bag of pills near the corner of Golden Gate Avenue and Leavenworth Street in the Tenderloin.

In a preliminary hearing in September, the off-duty officer testified that Hunt asked him, “What are you doing walking around here?” The off-duty officer then testified that Hunt walked away after the off-duty officer asked him what kind of drugs he was selling.  The off-duty officer then called a patrol officer, who immediately arrested Hunt.

Hunt, who was found with a small amount of the painkillers oxycodone and hydrocodone and the anxiety medication diazepam, insisted he had purchased the pills for personal use.

“The fact is that the police never saw Mr. Hunt commit a crime. However, they still handcuffed and arrested him. This is outrageous conduct and should not be tolerated in a free society,” Streets said.

During the four-day trial, the off-duty officer testified that he no longer recalled his verbal exchange with Hunt.

San Francisco Public Defender Jeff Adachi said the jury’s verdict was just.

“This was an extremely weak case. The jury recognized that there simply was no evidence that Mr. Hunt was planning to sell the pills in his possession,” Adachi said.

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Public Defender Jeff Adachi To Join Brady Discussion Friday

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WHO: San Francisco Public Defender Jeff Adachi and Assistant Public Defender Phoenix Streets will join defense attorneys, prosecutors, law professors and judges for a panel discussion devoted to Brady disclosure—the law at the heart of the citywide scandal involving dozens of SFPD employees with criminal records or misconduct allegations.

WHAT: The panel, Pretrial Discovery of Evidence and Brady Disclosure, is part of a daylong symposium, “Navigating Prosecutorial Ethics: A Roundtable Discussion of the ABA’s Standards for Criminal Litigation.” The symposium, which brings together the preeminent attorneys and scholars, is put on by the American Bar Association, Hastings Law Journal and the Hastings Constitutional Law Quarterly.

WHEN           Friday, October 15

Pretrial Discovery of Evidence and Brady Disclosure Panel

10 a.m. – 11:45 a.m.

WHERE: Hastings College of the Law, Kane Building

200 McAllister Street, San Francisco

WHY: Earlier this year, two scandals in San Francisco thrust Brady issues into the spotlight: A massive breakdown of the SFPD crime lab and the revelation that San Franciscans may have been illegally convicted based on the testimony of officers with hidden criminal violations. The District Attorney has since implemented a Brady policy, but has not provided defense attorneys with a list of officers with criminal pasts.

Street Performer Acquitted Of Striking Muni Agent

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San Francisco, CA — A San Francisco street performer accused of punching and pulling a knife on a Muni agent was found not guilty by a jury Friday afternoon, San Francisco Public Defender Jeff Adachi announced.

Robert Lewis, 44, had been charged with battery on a transportation agent and brandishing a knife. The misdemeanor charges carry a maximum sentence of two years in jail. Jurors arrived at the verdict after less than two hours of deliberation.

Lewis, who entertains tourists by standing on his head for extended periods, was arrested Dec. 6, 2009 at the Powell Street underground Muni station following a confrontation with the 28-year-old station agent.

The incident began when Lewis began loudly swearing to himself after he realized he lost the keys to his bike lock. Lewis told officers that the younger man approached him with fists clenched and began to angrily swear at him inches from his face. Lewis, who maintained he did not realize the man was a Muni employee, struck him once in the face as the man refused to back away. Lewis then told the man he was going to call the police and headed for the elevator. When the man followed, Lewis flashed his pocket knife and told him to leave him alone.

A police officer who took the stand during the two-day trial confirmed that the station agent was wearing a black, zipped up jacket which hid his Muni uniform.  The station agent’s credibility was also an issue during the trial, said Lewis’ attorney, Deputy Public Defender James Conger. Under cross examination, the agent admitted that he had failed to disclose a past criminal conviction from his employer and answered affirmatively when asked if he would lie to save his job. The Muni employee unsuccessfully tried to get worker’s compensation for the slight abrasion he suffered in the incident.

“From the beginning, Mr. Lewis told police he had no idea this man who was getting in his face was a Muni employee,” Conger said. “He believed this was a stranger trying to start a fight with him. When he realized the man was a station agent, he immediately wrote an apology letter.”

Adachi said the jury made the right decision.

“Mr. Lewis felt threatened by what he thought was an aggressive stranger. He never intended to assault a Muni employee,” Adachi said. “Fortunately, the jury carefully weighed the facts and concluded that Mr. Lewis was simply trying to protect himself.”

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Women’s Cultural Network Honors Public Defender Jeff Adachi With ‘Jedi Knight’ Award

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San Francisco, CA — The San Francisco-based Women’s Intercultural Network will honor Public Defender Jeff Adachi with its Jedi Knight Award for “men of good will” who have supported women’s issues and social justice in California.

The award will be given at WIN’s 15th Anniversary Benefit, held Saturday, Sept. 25, 6-9 p.m. at Delancey Street Town Hall in San Francisco.  WIN has been connecting and amplifying women’s voices globally and locally for 15 years.

WIN President and CEO Marilyn Fowler said the award—like its Star Wars namesake – represents individuals who fearlessly fight against injustice.

“I’ve watched Jeff Adachi’s path for the past 18 years and I think of him like a Jedi Knight – willing to work inside the Death Star,” said Marilyn Fowler. “He has always supported women’s rights, gay rights and has always been for the underdog.”

The Public Defender said he was honored to receive the award.

“It is a privilege to be recognized by the Women’s Intercultural Network, an organization that is doing tremendous things to promote democracy through giving all women a voice,” Adachi said.

Also honored as heroes and heroines will be Assemblyman Tom Ammiano, Alahe Amani, Madeline Duckles, Mimi Silbert and Elisa Maria Sanchez. Rose Aguilar of KALW radio will moderate a roundtable discussion, including Adachi and local activists, on hot button issues. The evening will also feature ethnic delicacies, film and video retrospectives and a performance by the Lesbian/Gay Chorus of San Francisco.

For more information, call the Women’s Intercultural Network at 415-221-4841.

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Man Acquitted Of Metreon Killing

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San Francisco, CA — A man accused of gunning down a nightclub patron in 2007 was found not guilty Thursday following a six week trial that revealed police misconduct and witness tampering.

Kenoye Stroman, 26, was accused of killing Ronald Jacques outside Jillian’s nightclub in the Metreon before fleeing in a red, white and blue limousine.  Jurors deliberated more than three days before acquitting the Oakland resident of murder and assault with a firearm. The murder charge carried a gun enhancement and Stroman faced life in prison if convicted.

Evidence presented during the trial pointed to another man as the shooter, said Stroman’s attorney, Deputy Public Defender Peter Fitzpatrick.

“When it came to Mr. Stroman, there was no reliable evidence that hadn’t been tampered with or destroyed,” Fitzpatrick said. “On the other hand, much of the evidence implicated someone else.”

Stroman, a married father with no criminal record, whose pastor and football coach attested to his peaceful and nonviolent nature, was arrested shortly after Jacque’s fatal shooting on Sept. 16, 2007. As patrons left Jillian’s at 1:40 a.m., a fight broke out involving dozens of men and women. Jacque, a 27-year-old San Francisco resident, was killed when someone opened fire into the crowd. A woman was also injured by gunfire.

Stroman was among seven people who left the area in a stretch SUV limousine painted to look like a race car. Police followed the vehicle and pulled it over in Oakland. Inside, police found the gun used in the killing.

Stroman was charged with the crime, despite conflicting witness statements and gunshot residue found on the hands of another man inside the limo. A nightclub security guard identified the other limo passenger as the shooter and a woman who was shot described a gunman that didn’t match Stroman’s physical description.

During the trial, a San Francisco homicide inspector testified that two colleagues convinced another witness to change his testimony in order to facilitate the prosecution’s theory of the case that Stroman was the shooter, Fitzpatrick said.

Additionally, police who arrested Stroman bagged the hands of additional suspects to preserve possible gunshot residue, but after the men urinated on their hands inside the bags, investigators threw the bags away without testing them.

San Francisco Public Defender Jeff Adachi said the verdict was just.

“It’s a travesty of justice that the police officers in this case influenced a witness to change his testimony to convict an innocent man,” Adachi said.

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Man Found Not Guilty Of Hit-And-Run Of Grey’s Anatomy Fan

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San Francisco, CA — A man accused of hitting a Mission District pedestrian with his minivan as she rushed home to watch Grey’s Anatomy was acquitted Monday afternoon of hit-and-run.

Following a three-day trial, Jose Sanchez, 33, of San Francisco was found not guilty of a misdemeanor charge of leaving the scene of an accident. The jury deliberated 15 minutes before reaching its verdict. Sanchez faced a year in jail if convicted.

His attorney, Deputy Public Defender Lateef Gray, said the jury didn’t believe the testimony of the complaining witness, who gave inconsistent statements on the stand and admitted to a pending lawsuit against a driver in another case in which she claimed to be injured.

The 33-year-old San Francisco woman testified that on May 6, 2010, she hurried across Capp Street at 24th Street on her way home to watch the popular medical drama when Sanchez failed to yield on a right turn, scraping her left arm. Though she presented no medical records to substantiate her claims, the woman told investigators that the accident left her unable to lift things or play a particular piano piece without taking Vicodin.

“She had no trouble using her left arm in court. She also went on a two month-long sailing trip weeks after the alleged accident” Gray said.

Sanchez, who has no criminal record, testified he was unaware of the pedestrian until she began hitting his car, cursing and calling him a Mexican while extending her middle finger. Alarmed by the behavior, the San Francisco father drove away in his minivan. His car was not damaged.

He was later arrested at home after the pedestrian reported his license plate number to police.

San Francisco Public Defender Jeff Adachi applauded the jury’s decision.

“The pedestrian may always have the right-of-way, but not the right to invent a crime when none occurred,” Adachi said. “In this case, justice was done and Mr. Sanchez can get on with his life.”

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