Justice, finally, for Luis Eduardo Ramirez Zavala

I have blogged about Luis Eduardo Ramirez on this blog and on my other blog.

Last year when the perpetrators of the violent beating that took Luis Ramirez's life were found guilty of mere simple assault, I was heartbroken and dumbfounded at the miscarriage of justice that had taken place from the moment the police were called to the scene of the crime.

Today, I am happy to report that two of the assailants, Brandon Piekarsky and Derrick Donchak, were found guilty of committing a federal hate crime. Interestingly, the local bias is still quite evidence in the local paper's coverage of the trial.

The sentencing phase will be coming up next, and these boys may be given up to life imprisonment for their crimes. I don't wish that on them. Just as I wrote a few posts back, in an exploration of the recent 28-year sentence handed down to a 14-year old who raped and robbed his neighbor, I think their ages need to be taken into account. And I believe in rehabilitation, not punishment. But I am just so 100% pleased that Luis's family finally got a fair accounting for what happened that July night. Justice, finally, is served.

born (hispanic) in the usa

I'm vaguely embarassed about my last post. Specifically, I hope I didn't come off as whiny. I really was poking fun at myself by trotting out all these childhood stories to explain my messiness. In actuality, I think it's just part habit and part gene, as Cee said.

Anyway, on to other news. Today I went to our local Hispanic Bar Association reception for scholarship recipients. Although I did not receive a scholarship, I did receive a free invitation to schmooze, partake in free drinks, eat a gazillion arepas and other deliciosos, and interact with my boss, classmates and some local judges on a more personal level. The best part (for me) was when the honoree of the evening, top brass in the legal department at a large corporation, mentioned Luis Eduardo Ramirez in his call for Latinos to be vigilant about the tone of debate on immigration in the upcoming year, as new legislation will take the forefront and hate crimes are already on the rise. Just to hear someone mention his name in person, to acknowledge that horrific crime, brought tears to my eyes.

I've been feeling sensitive lately. Can you tell?

Jim Goodman

Who is Jim Goodman and why did he put on such a shoddy prosecution? What the hell happened? I'm still pissed about this.

Here's a great summary of the trial at the outset. Before people knew it was going to end so quickly with "simple assault" as the most serious charge against a couple of guys who jumped this Mexican immigrant, sucker punched him and left him with his brains seeping out of his skull.

This can't be justice...

I followed the death of Luis Ramirez, a guy who was:
- 25 years old
- an undocumented immigrant from Mexico
- father to two young kids with a US citizen woman
- boyfriend to that woman's 15 year old half-sister
- a farm-worker of 7 years
- resident of Shenandoah, PA
He was walking through a park with the 15-year old when some high school boys, drunk from a block party, said to the girl, "isn't it a little late to be out?" according to the lovely AP article, "this enraged ramirez who began yelling at them in Spanish and calling people on his cell phone." from all the affidavits given prior to trial, i understand that he made phone calls only after the boys and him began fighting, asking his friends to come by because he might be in trouble. six drunken dudes, one sober guy on a date.

one guy went running after him, giving him a running punch that knocked ramirez to the ground. after ramirez was unconscious, one guy kicked him in the head, causing ramirez to go into convulsions and, ultimately, killing him.

So, flash forward to a jury trial, which only came about because the Feds got involved and media attention basically forced the local folks to press charges. The prosecution rested far sooner than anyone expected, which raises questions for me. Defense barely said anything. then, the jury deliberated, and according to the foreman it wasn't even a close vote. The two guys on trial were found guilty. Of simple assault. The end.

I feel sick.

A Piedmonth death

The other blog is tentatively back up and running. I stopped a while back. At the time, I thought it had to do with my grueling exam schedule and general law school distractions. But upon later reflection, I've realized that it may also have been sparked by a couple of things...

I started the blog with the intention of posting articles about ICE raids on homes and work places. This is because there were so many rumors milling around Richmond about la migra coming at night and hauling parents away from kids, etc. I know how rumors spread rampant in this regard, but I also know that fear of ICE is very real. I wanted to try to figure out what is actually happening and where and when and to whom.

Not surprisingly, there wasn't much in the way of news reporting about these types of raids. It's so frustrating, because they ARE happening. They just aren't reported on. But, occasionally, there is a big raid, or an inspired journalist, and a story appears. So I wanted to post those, so I would have a reason to keep looking and others would have a way to keep track.

However, I quickly realized that there is a slipperly slope. I didn't want to post stories about criminals who were being deported after doing jail time, because that wasn't really hitting the heart of the issue as I saw it. The idea that people are just living their lives and then suddenly they are in jail was really upsetting to me. So I started setting guidelines: no articles about those who were arrested for other things and happened to be deportable, for example. No articles about drug busts at the border.

Yet those are the kinds of deportations that ARE reported on, and with regularity. It's no wonder people think all immigrants with brown skin are criminals. Every day there are 100s of articles about immigrants accused of molestation, beating their kids to death, smuggling drugs or killing pedestrians in drunk driving accidents. Tons of articles about those people being arrested and getting ICE holds placed on them. "Juan Garcia was arrested and an immigration hold has been placed on him by federal immigration officials." Which brings with it two problems: (1) Juan Garcia hasn't been tried, so we don't know if he is guilty or innocent; all we know is he is accused. (2) "Immigration hold" just means the person is suspected of being in the country illegally. It doesn't mean he is or isn't.

So many questions. Literally, they are endless. Even though these people are accused of crimes, I still consider them to be tied to the issue of immigrant rights. Because who knows what happens to Juan Garcia after the hold is placed. Is he held for 48 hours and released? Is he improperly held longer? Did ICE officials actually pick him up? Was he a US citizen? It's just another person who entered into the US criminal justice system only to be handed over to this Other World where the usual rules of justice and due process don't seem to apply. Just that instead of seeming totally innocent, they were already branded criminal.

The line became even fuzzier when I started seeing articles (or mostly just blurbs in Police Blotters) about individuals who were pulled over for the ever-generic "traffic violations" and ended up with ICE holds placed on them. Getting pulled over is not the same thing as having your house raided. But then again, making an illegal right turn on red is no reason to be thrown into that Other World, the maze of immigration that usually ends up in either swift deportation or months of languishing in prison (and then deportation). Who are these people? What happens to them? Are they receiving justice?

In short, there were way more questions than answers. I have had so much trouble distinguishing what to post and not post. What is appropriate and not appropriate. I wanted to be fair. I wanted to attract people from both sides, to just look at it from an objective point of view. But you can't pick and choose articles without choosing your perspective. And on top of that, I DO have a point of view, so I couldn't just leave out articles about detainee deaths.

Which is what I found today when I resumed posting on the blog for the second day. Friends of mine are organizing in Farmville, VA, and happened to be quoted in this New York Times article you will find on my other blog. I was proud of them for making the Times with their work. I was saddened by the horrific occasion. Another death in another jail by another detainee. A Piedmont death.

I have to keep posting, but I am going to continue to struggle with this. I guess we'll see.

Oh yeah, the other reason I stopped posting for a while: it makes me depressed to read this stuff day in and day out. On the other hand, I better get used to it. This is what I want to do for a living.

"Elective Surgery"

Huge story in the New York Times today that virtually nobody is talking about: immigrants dying in federal detention centers.

Nina Bernstein's well-researched article represents true investigative journalism at its finest. I recently read about the death of Francisco Castaneda who developed penile cancer while he was being held in a detention center in California. Bernstein's article does not cite Castaneda's death, but tells tragically similar stories of other immigrants who died from medical neglect while in ICE custody from 2004 to 2007. Since nobody is talking about this issue today, I thought I'd honor the piece by posting some of Francisco Castaneda's testimony to the US House Subcommittee on Immigration:

Good afternoon. Thank you to Chairwoman Lofgren for inviting me, and to the Immigration Subcommittee for holding this hearing. My name is Francisco Castaneda. I was held in immigration detention for over 10 months, and was just released this past February due to my medical condition, after many letters from the ACLU were sent on my behalf.

First, I would like to tell you a little bit about myself. I am 35 years old. I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape the civil war. My family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away. But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Apparently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw the oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE.

The urologist said I needed a circumcision to remove the lesion and stop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was "elective surgery."

My pain was getting worse by the day. When you are in detention, you can't help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn't do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility - when I was deported.

In late November 2006, I was transferred from San Diego to the San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. After a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn't even look at it - one of them said I couldn't be helped because I needed "elective surgery." They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

...Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-ULCA - the same place they had left me in the waiting room in shackles - and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I had cancer, and would have to have surgery right away to remove my penis. He said if I didn't have the surgery I would be dead within one year. On February 14 - Valentine's Day, nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast - it had already spread to my lymph nodes and maybe my stomach.

I'm sure you can at least imagine some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14... The thought that her pain - and mine - could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn't get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care...

Francisco Castaneda died on February 16, 2008.