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SB1070 Injuction10-1413-87

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Judge blocks parts of Arizona immigration law

From the Associated Press

10:25 AM PDT, July 28, 2010

PHOENIX

Copyright © 2010, The Los Angeles Times

Federal prosecutors soon will be forced to admit that their star witness in the gang conspiracy case against Alex Sanchez is a fugitive still on a crime spree somewhere in Central America.

Cameron, in that gang-ridden country. The prosecution claims that Bonilla/Zombie participated in an incriminating wiretapped phone call with Sanchez and others one week before the shooting. The Sanchez defense has strongly argued that the government has the “wrong Zombie,” that it was another Juan Bonilla who took part in the phone call.

The case of the mistaken Zombie aside, now the Salvadoran papers El Mundo and El Diario de Hoy are reporting that the real Zombie is not only a fugitive but has lied to Salvadoran prosecutors about the killings in 2006.

” ‘Zombie’ is on the loose,” El Mundo reported on May 11. The detailed article describes how Zombie offered himself as a witness to the police in the murder of Cameron and others, including a well-known gang intervention worker known as Smoky, who was written up sympathetically by National Public Radio reporter Mandolit del Barco. Smoky, a former MS leader turned peacemaker, law student and father, was killed May 13, 2006. Cameron himself may have been implicated in the killing of Smoky, which would make Cameron’s own death two days later an act of retaliation.

According to the El Mundo account, Zombie told prosecutors that Cameron traveled from Los Angeles to El Salvador to assassinate Smoky. “The latter had come out of anonymity and had achieved fame after appearing in a documentary about gangs, and he belong to an organization to rehabilitate mara [gang] members.”

Zombie was finally arrested in 2006 after committing some twenty home robberies. In June 2008, he received special privileges for cooperating with Salvadoran and US authorities. After testifying against MS in exchange for leniency, Zombie escaped in April 2009 when prosecutors became suspicious of his tales. He disguised himself as a priest, a postal worker and even a prosecutor, the better to gain entry to the homes of the wealthy and later rob them. He also is blamed for several kidnappings, rapes and sexual batteries.

If the Salvadoran media accounts are accurate, Zombie has been a fugitive since before the June 2009 indictment of Alex Sanchez. Government prosecutors have never provided the court with the fact that their witness is missing.

Now, with Zombie’s credibility shattered, it is not clear if the prosecution wants to find him.

Where does this leave the prosecution? They could recognize their mistake and drop the case against Sanchez. But with so much invested in their claim that Sanchez is a “shot caller” leading a “double life,” a responsible retreat from their flawed case is unlikely.

But going forward with the prosecution contains seeds of embarrassment for the government as well. First, they will have to prosecute Sanchez with their central witness a discredited fugitive, and with strong evidence that the Zombie on the wiretaps is not the Zombie the government claims. Second, the other accusation against Sanchez is strikingly similar in its emptiness. He is charged in a gang racketeering conspiracy that took place over a fourteen-year period beginning when he left the gang in the ’90s and concluding in May of last year. Though the government indictment alleges over 150 specific overt acts in furtherance of the conspiracy against twenty-four defendants, the majority for selling drugs to government informants, there are no overt acts attributed to Sanchez beyond the disputed wiretaps.

This conspiracy case, then, is about RICO, the Racketeer Influenced and Corrupt Organizations Act, a 1970 law that makes prosecution possible on the basis of guilt-by-association. The acronym RICO derives from Edward G. Robinson’s gangster hero, Little Caesar, in the 1930 movie of the same name. In the most famous scene, Robinson goes down after shouting, “Caesar Enrico Bandello, this is Rico speaking. Rico! R-I-C-O! Little Caesar, that’s who! Listen, you crummy flat-footed copper, I’ll show you whether I’ve lost my nerve and my brains!” Released during the 1950s McCarthy period after decades of suppression, the film became a favorite of prosecutors and gang-bangers alike.

The RICO law makes it a crime to “associate” with any “enterprise” through a “pattern” of racketeering activity. The assumption is that street gangs like MS are identical to vertically organized crime structures. There is a presumed board of directors, known as “shot callers,” who are an organized conspiracy responsible for every specific crime committed anywhere by any of the gang’s individual members.

Alex Sanchez left the gang life behind at approximately the time that the present investigation began fifteen years ago. Subsequently, he founded Homies Unidos in Los Angeles, a gang intervention agency that works with young people, including gang members, to prevent violence and open up alternative opportunities. As an intervention worker, his task involves numerous conversations and phone calls with members of street gangs. In 1999, he helped expose the LAPD’s Rampart scandal in which hundreds of young people were subjected to false charges, beaten, jailed and deported, violations that led to federal intervention. Since becoming an intervention worker, Sanchez also has testified as an expert witness in at least eleven federal and state gang conspiracy cases, in which six defendants were found not guilty. One of the government experts he has testified against is LAPD officer Frank Flores, a former Rampart beat detective who, nearly fifteen years later, is the prosecutor’s expert witness against Sanchez in court today. It is fair to say that Sanchez poses a challenge to the prosecution mentality driving the war on gangs.

It is helpful to Sanchez that the prosecution lacks any specific evidence against him, a fact which led to his release on bail six months ago. But under RICO law, often referred to as an Alice in Wonderland statue by defense attorneys, that is beside the point. Prosecutors will try to prove that Sanchez, against all present evidence, is a secret shot caller leading a double life. As their case crumbles, they can be expected to compile a new one.

Tom Hayden

June 24, 2010

I was reminded last night of the psychological trauma that children go through when they witness their parents torn apart from them either through violence or incarceration. I spoke with a 15 year old young man who had been a witness to both parents getting arrested by the FBI two and a half years ago. He was mad at the world at how his life had suddenly come to a halt and was flipped over that morning when he saw both of them being dragged away in handcuffs. This young man was trying to deal with his trauma and no one was there to help him through his ordeal, he elected seek help from what was in his neighborhood for a quick fix of his problems.
He joined a gang, got a tattoo and now that his parents were released from prison it has become so hard for him and his family to be what they once were. I looked at him and asked him why was he angry. His answered that he felt his father was disappointed with what he has turn out to be. His eyes started to get watery and said that he wants to change, that he doesn’t want to be in gangs anymore. All he wants is to be understood and so do his parents who are going through the stigma of now being called ex-felons.
It is important for all of us to take extra consideration of those children who have been affected with the trauma when Immigration comes braking the doors of their homes and tear apart parents from U.S. citizen children and housing them in detention centers until they are deported, when law enforcement comes charging into communities arresting individuals putting people in prisons under the three strikes law and many other inhumane laws that continue funneling the parents of U.S. citizen children into warehouses they call rehabilitation centers. They can call them Department of rehabilitation, detention centers it is still a prison. They tear up families. What happens to the children, not only those who are citizens but those who did not have a choice and are now called an immigrant?
This young man reminded me of what my children went through this day one year ago. I was awakened by LAPD, Sheriffs, and FBI officers at six in the morning at my home in Bellflower as part of an FBI Gang Taskforce sweep throughout Los Angeles. In front of my six year old daughter Melissa, my 14 year old son Alex and 13 year old Marlon, while my wife Delia was taking a shower getting ready to head to work. I was taken in shackles after I walk out from my apartment and turn myself over to over 20 armed officers with M16 that they were pointing at me while my children watched, after they had awaken all my neighbors with their screaming ordering for me to turn myself over to them. It was a day I will never forget, neither will my children who I have spoken with them about it, but they don’t really want to have to remind themselves of it and live through it again in their minds. They, unlike this young man that I spoke to last night had a support system, a community that came to heal them through this ordeal, my family, my extended family, all my friends that have stood next to me in the work I do for Homies Unidos, youth whom I helped leave the gang life, they all came together for my children. Forever I will be indebted to all of you and today I invite you to recommit yourselves to do the same for other young men and women who everyday turn to negativity because we are not there for them.
Peace,
Alex Sanchez

JULY 7^th – National Juvenile Justice Call-In Day

Action Alert:  July 7^th is National Juvenile Justice Call-In Day—Call your Congressional Representatives and Ask Them to Make Juvenile Justice a Priority This Year!

For too long, “tough on crime” political rhetoric has resulted in juvenile justice laws that are bad for youth and that ultimately increase crime. Research has proven time and time again that there are better, more effective ways to deal with juvenile offenders, and it is time for Congress to act to improve our nation’s juvenile justice system.

Time is running out– if we don’t act now, juvenile justice reform will not happen this year!! We need you to let Congress know that voters care about juvenile justice!

Although there are many items on the agenda for Congress to do this year, three major juvenile justice initiatives remained stalled:

• Reauthorizing the Juvenile Justice and Delinquency Prevention Act (JJDPA), which is currently three years overdue for reauthorization.  The JJDPA, first enacted in 1974, promotes the use of effective community-based alternatives to detention, keeps youth out of adult facilities, reduces the disproportionate involvement of youth of color in the system, and promotes other research-driven best practices in the juvenile justice system. Call on Congress to reauthorize the bill now!

• Increasing appropriations for juvenile justice programs, which were the only category of children’s programs that received a significant decrease in funding in the President’s proposed budget.  In order for the States to make positive changes, they must receive the federal support they need to prevent youth crime and rehabilitate juvenile offenders. We have seen a sharp decline in funding for juvenile justice programs as a whole since FY 2002. Ask Congress to preserve and increase juvenile justice appropriations for the coming fiscal year!

• Passing the Youth PROMISE Act to promote proven, cost-effective prevention-based strategies to reduce youth crime. Under Youth PROMISE, representatives from the communities facing the greatest juvenile crime challenges will be able to develop a comprehensive plan to prevent youth crime through a coordinated prevention and intervention response.

Action item: We need your help!  On July 7^th, contact your two U.S. Senators and your U.S. House Representative and ask them to make juvenile justice a priority in the 111^th Congress by:

• Reauthorizing the JJDPA;
• Increasing juvenile justice appropriations; and
• Passing the Youth PROMISE Act

To contact your Congressional Representative and Senators, visit http://sparkaction.org/content/national-juvenile-justice-call-day and enter your zip code.  The numbers for your representatives will appear along with talking points and a feedback form to report on the response you received.

Thank you for your help!

Download:

National Call-in Day Talking Points – 6.24.10-3

Homies Unidos urges everyone to stand witht the people of Arizona against these Draconian policies that legislate racial profiling.

Learn more about the Alto Arizona campaign here.

And sign the Presente.org – Shame on Arizona – petition here.

By Tom Hayden, The Nation

LOS ANGELES. Jan. 13. U.S. Judge Manuel Real granted Alex Sanchez bail after a closed ninety-minute session with law enforcement and civic officials today. The former gang member and founder of Homies Unidos is expected to be freed in ten days after posting $2 million property and sureties.

A beaming Oscar Sanchez, the younger brother of Alex Sanchez, praised the ruling by Real, which he said “underlines the judge’s finding that Alex is not a danger to the community nor a flight risk. We believe he is in fact a great asset to communities like ours across the country.”

Supporters of Sanchez, organized as wearealex.org, were jubilant in many cities where pressure campaigns have been mounted. The decision was seen as a victory for gang intervention workers, many of whom have attended the LA proceedings since June.  Read more…

By Dennis Romero – LA Weekly

Police Cheif Beck calls intervention “the primary thing” that “will eventually be the solution to gang violence that gets exported out of L.A.”

Los Angeles police Chief Charlie Beck was asked if one of the reasons gang crime was low in the city because gang members are getting too old to get down. He didn’t think so, telling a town-hall gathering of listeners of KPCC (89.3 FM) that “gang membership is not down — gang violence is down.”

Beck said police were targeting trouble-makers, not necessarily gangs themselves. And he gave an endorsement for the city’s new, $200,000 gang intervention training academy. He called intervention “the primary thing” that “will eventually be the solution to gang violence that gets exported out of L.A.”

Beck made the comments on-air Thursday on Patt Morrison’s “Ask The Chief” segment, which aired before a live audience.

Beck is banking on gang intervention in part because he has a limited number of officers, and the city budget doesn’t seem to bode well for an increase in the number of badges at the department. Also, the state has been ordered to release 40,000 prisoners to relieve overcrowding. A plan by Gov. Arnold Schwarzenegger to meet the federal order was recently approved, but it’s not clear when the convicts will reach the streets.

Experts believe that many of those released will end up in Los Angeles County, and that many are gang members. Beck has said if the community does not reintegrate them in a constructive way, gangs will take them in in a more-destructive way.

By Esther M. Gentile, New America Media

“It cannot be in any way justified to try to oppose immigration reform on the basis of an economic argument.”

WASHINGTON–A new study by a leading academic researcher contends that legalizing undocumented workers through comprehensive immigration reform would yield $1.5 trillion to the U.S. Gross Domestic Product (GDP) over a 10-year period, generate billions of dollars in additional tax revenue, increase wages and consumer spending, and create hundreds of thousands of jobs.

The study, “Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform,” was conducted by Dr. Raul Hinojosa-Ojeda, associate professor at the University of California, Los Angeles (UCLA). Dr. Hinojosa presented the findings during a telephonic press conference moderated by Angela Kelley, vice president for immigration policy and advocacy at the Center for American Progress.

“Number one … legalization produces an immediate economic impact, based on what we’ve known happens in previous legalizations. The reason is because legalization empowers workers immediately to become much more committed and integrated into the economy,” Hinojosa said. Read more…

LOS ANGELES — An analysis of federal prosecutions in the last year shows a disturbing trend, write editors of La Opinión. While little attention is being paid to white collar crimes like securities and mortgage fraud, the criminal prosecution of immigrants for entering the country illegally or for illegal reentry are currently the two most common types of cases in the entire U.S. federal justice system. Together, these cases represent 92 percent of federal immigration cases. Immigration-related criminal offenses now represent 54 percent of all federal cases nationally. Even more disturbing, editors write, is the fact that of the more than 91,800 immigration-related offenses, employers were prosecuted in only eight cases. As long as the punishment falls on individual immigrants and not on the employers who attract them with jobs, editors write, it is a formula for failure.