I’ve been accused of being a angry Black man. Criticized for being too aggressive. Well..I am Black & I am angry & I have no choice but to aggressively fight for our clients, to aggressively fight to end systemic racism & white supremacy. No choice.
#Defender
#Battleready
#BLM
Unpopular view but incarcerated people should be amongst the first to get a safe vaccine. You can’t socially distance in prison or jail. Our society has failed them too many times, we should not do it again. We will be judged by how we treat our most vulnerable
#CareNotCages
New SF DA just fired staff responsible for the prosecution of cops, the resentencing of people found to be innocent & data transparency. None of these decisions will increase public safety. They'll just increase the number of people caged in jail & prison
The highest minimum wage in the nation is $14 per hour/$28,000 a year. It cost $74,000 to attend Stanford for a year w/ room & board. It cost $81,000 to incarcerate someone in prison for a year. It is all about priorities. Reinvest in community & not incarceration.
#CareNotCages
Tough ask..but stop watching cop shows. Keep watching & they will keep making more shows that continue to promote police as incorruptible saviors that do no wrong, that do not lie or fabricate evidence or kill unarmed Black people. You following me on this one
#NoMoreCopaganda
In a recent trial of a Black client, there wasn’t a single Black person - out of 60 possible jurors! We asked for a new jury panel. The DA opposed & the Judge denied our request! Tired of lip service from DAs & Judges "caring" about racial justice. Actions speak louder than words
I don't want to issue another statement. I don't want to go to another protest. I don't want to see another hashtag. I just want them to stop killing us. We know the solutions. This can't be reformed.
A request. Actors, directors & musicians please stop degrading public defenders in your films, TV shows & songs. Defenders care about their clients & community. They’ve dedicated their lives to fighting racism & injustice. The problem is that they’re severely under resourced. 🧵
Not trying to insult anyone but 97% of the lawyers out there couldn’t do what Public Defenders do. Every day against conviction happy prosecutors, crooked cops & unsympathetic judges - we fight for our clients. Every damn day! Much respect for our Defenders.
#FundPublicDefense
When was the last time you saw a campaign to recall a DA for supporting systemic racism, hiding evidence, securing wrongful convictions, encouraging misconduct, taking illegal contributions...When? That tells you a lot about the state of "criminal justice" in America.
I’ve been asked about my plan to increase representation of Black people on juries. This thread outlines FIVE steps every state should take to increase representation on juries. See what has been done in CA & what is left to accomplish.
#JuryofYourPeers
#BlackLivesMatterOnJuries
The uncomfortable truth is if white people in this country were surveilled, prosecuted & caged in the same way Black & Brown people are, & had to rely on public defenders, funding for public defense would look drastically different.
#FundPublicDefense
Today I begged for the release of people with 6 months or less to serve in jail. No one was moved. We had 1 positive test in the jail on Saturday, 3 on Tuesday, 11 on Wednesday. It will spread. It will kill people. We must take action.
#letthemgo
#carenotcages
#stopthespread
Alameda County is 11% Black
The jail is 49% Black
Oakland is 24 % Black
The jury is 0% Black
Our client is Black
There is not a single Black person on his jury
There is not a single Black person on his jury
NOT A SINGLE ONE
#BlackLivesMatterOnJuries
#JuryOfYourPeers
You or a loved one are innocent, charged with a crime and can’t afford to hire a private lawyer, you’ll probably be given a public defender. You would want your public defender to have the same resources as the prosecutor on the other side. Solution is simple
#FundPublicDefense
I keep watching the coverage of this horrific shooting. All of the bystanders are Black. All the police are white. The suspect is white & apprehended alive. I'm not advocating for his killing but I'm advocating for police to stop killing Black people. If they can take him alive..
There is this push for “workload studies” to show the need for more funding for public defense. Let me save everyone some time - PROSECUTOR OFFICES RECEIVE TWICE AS MUCH FUNDING AS PUBLIC DEFENDER OFFICES!
We don’t need another study, we need parity.
#FundPublicDefense
Progressive DA recalled b/c of homelessness, drug abuse & lack of arrest in SF - all issues beyond his control. Meanwhile DAs are never recalled for not prosecuting bad cops, wrongful convictions, racist charging & contributing to mass incarceration - all issues w/i their control
Wrote this op-ed to alert people to the massive imbalance of funding between public defenders & prosecutors. It’s meant to be a roadmap & a battle cry. Serious about ending systemic racism in the legal system & mass incarceration then
#FundPublicDefense
#Gideonat60
#SpreadTheWord
We need a language overhaul
Never slaves – but enslaved people
Never inmates - but incarcerated people
Never prisoners – but people in prison
The dehumanization of Black & brown people leads 2 violence against Black & brown people. It must end
#LanguageMatters
#BlackLivesMatter
So ..for the person who questioned me – this is not just talk. This is a relentless commitment to fighting systemic racism in the criminal legal system & fighting for my clients.
#CareNotCages
#EndMassIncarceration
#BattleReady
I wish that everyone outraged about Brittney Griner would be just as outraged about the number of Black & Brown people locked up in cages, serving outrageously unfair prison sentences for drug offenses right here in the United States.
#FreeBrittneyGriner
#FreeThemAll
What if you or a loved one were charged w/ a crime & you couldn't afford a lawyer. You'd want your public defender to be just as well resourced as the prosecutor on the other side. There should not be two systems of justice, one for the rich & one for the poor.
#FundPublicDefense
This is the right move in California – we need to prioritize incarcerated people for the vaccine. They can’t socially distance in prison or jail. Almost 35,000 have tested positive and 113 people in prison have died.
#CareNotCages
Today is just a reminder - there are two systems of justice. Two systems of justice. The Judge allowed 11 out of the 12 potential Black jurors to be removed from this case. Two systems of justice
4. Paying people at least minimum wage to serve as jurors instead of the $15 dollars a day they currently receive. AB1452 has been introduced as a pilot program in SF to pay low-income jurors $100 a day.
#PayJurorsMinimumWage
I never imagined that retail theft from Louis Vuitton & Nordstrom would lead to the next wave of mass incarceration. The U.S. is ranked 1st out of 195 countries on Earth when it comes to incarceration. We don’t have a crime problem. We have an incarceration problem
#CareNotCages
If you read one outrage today – read this! Our immigration unit is fighting for a young man that received a gang tattoo from a government informant, that very tattoo will get him killed if deported. That same tattoo is being used to get him removed from this country.
#Outrageous
The bill of rights guarantees a right to counsel NOT a right to prosecution. To make the 6th amendment - right to counsel real, we must fund public defender’s office equal to or more than prosecutors. Period.
#FundPublicDefense
#EndMassIncarceration
Prosecutors should not be called the people
Prosecutors should not be called the people
Prosecutors should not be called the people
Prosecutors should not be called the people
Because
They do not represent the People
#BlackLivesMatter
#EndMassIncarceration
#CareNotCages
In LA a prosecutor removed a Black juror b/c the prosecutor found it “incredible” that she lived in South Central Los Angeles but had no contact with gang members. Any excuse to remove Black jurors -this has to stop. Pass
#AB3070
#BlackLivesMatterOnJuries
Three years of hell, can lead to the best job in the world. Law school is a grind but there is nothing better than being a public defender, fighting for your community, fighting to get people out of cages. Keep your head up & stay focused. We’ll be waiting for you.
#Defenders
White cops don’t keep us safe.
Black cops don’t keep us safe.
Cops don’t keep us safe.
The institution is flawed to its core.
It’s based on power, control & racism. We will never be safe unless we grapple with its history & overhaul policing from top to bottom.
#BLM
#TyreNichols
1. Eliminating the felony exclusion. Over 30% of Black men in CA were excluded from jury service b/c of a felony conviction & it didn’t matter how old it was... until we passed SB310 by
@NancySkinnerCA
. We fixed that.
#EndFelonyJuryExclusion
It's a good day to take a minute to thank your local Public Defenders. PDs, social workers, investigators, support staff have been fighting to get people out of cages throughout this entire pandemic. Often underappreciated but absolutely essential. Thank you! Much love & respect!
We need to stop using terms like felon, prisoner, inmate or bodies. We must stop dehumanizing people through language. Instead use incarcerated person or people with felony convictions or just people! Read the op-ed.
#LanguageMatters
#CareNotCages
#People
Progressive prosecutors are important but too much energy is spent on them as a vehicle for reform. DA budgets are often twice the size of PDs. If Public Defenders received the exact same funding as prosecutors IT WOULD BE REVOLUTIONARY!!!
#FundPublicDefense
#EndMassIncarceration
Today in Alameda County a prosecutor used their very first challenge to remove THE ONLY BLACK PERSON on the entire jury. THE ONLY ONE!!! Our client is Black! Our Batson motion & request for a new jury panel was denied.
#ThisIsNotJustice
#BlackLivesMatterOnJuries
People keep asking - What other solutions exist besides police to reduce crime? See thread for a few suggestions about what has worked. The list is not all inclusive but it's a start...
#CareNotCages
This is dangerous.
@VanJones68
that logic has been used to cage millions of Black & Brown people. Longer prison sentences don’t make communities safer. Caging people doesn’t equal justice or healing. The addiction to incarceration as a solution must end.
#GeorgeFloyd
's life was worth more than the sentence
#DerekChauvin
got.
I know people doing sentences longer than this for victimless crimes of drug possession.
With what
#Chauvin
did, it should have been the maximum of the maximum.
3. Changing the flawed Batson process that allows prosecutors to use challenges to remove Black people from juries for reasons such as having a bad experience with police. AB3070 was passed & will fix that but it doesn’t go into effect until 1/2022
2. Expanding the list from which jurors are called to serve beyond CDL and voting reg. SB592 by
@Scott_Wiener
was passed, expanding the list to include names of tax fliers. But it should be expanded further to include utility bills and recipients of state benefits.
#ExpandTheList
This is not the South in the 1950s or 60s. This is Alameda County. Oakland, Berkeley & Emeryville are in our county. There is no plausible explanation that can be given to justify not having a single Black person in the jury panel. Not a single one.
#BlackLivesMatterOnJuries
Sheriffs shouldn't be allowed to record EVERY SINGLE JAIL PHONE CALL w/o a warrant but they do it EVERY SINGLE DAY. 74% of people in jail are there pretrial. They HAVE NOT been convicted of a crime & cannot have a single private call w/a loved one. This must change
#CareNotCages
CA District Attorneys Association siphoned nearly $3 million to be used for prosecuting environmental cases & instead used it for other things like paying lobbyist to oppose criminal justice reforms & to fund mass-incarceration
#Unbelievable
I am not leaving twitter because it has been purchased by some rich asshole that endorses racism. If that was the criteria, we would have left this country a long time ago.
#Facts
If 50 attorneys were added to our office tomorrow, the District Attorney’s budget would still be $24 MILLION more than ours. $24 million! This imbalance in funding occurs throughout the nation & it fuels mass incarceration.
#FundPublicDefense
#EndMassIncarceration
#Parity
So many people go to law school to fight injustice, systemic racism & mass-incarceration but few actually end up doing the work. It's not easy. It can be soul crushing but we need you. Your community needs you & at the end of the day there is nothing more rewarding.
#Defender
The criminal legal system is so perverse. Judges say can’t fully open courts & deny speedy trial rights b/c of COVID. Sheriffs say can’t bring people in-custody to court or allow visitors in jail b/c of COVID. DAs be making offers to keep people in cages like COVID never happened
Destroying records of police misconduct just continues to destroy the public trust.
#weneedtransparency
Fremont Destroyed Decades of Police Misconduct Records Shortly Before Transparency Law Took Effect
16 states have passed resolutions declaring porn a public health crisis & only 7 states have passed resolutions declaring RACISM a public health crisis. Someone please fact check this. Please tell me I am wrong. Please tell me more states disapprove of racism than they do porn.
Eyvin Hernadez is a public defender that's been illegally detained in Venezuela since March. He's not a basketball player or an oil exec. He's someone who has fought for people & upheld the constitution his entire career. Sign the petition
#BringEyvinHome
Are prosecutors in your jurisdiction making offers like COVID never happened? Demanding people stay in jail for minor, petty offenses? Doing this on zoom from the comforts of their home? Not acknowledging that outbreaks continue to happen in jails & prisons? Yeah..I thought so.
Historic Bill to prevent cops from lying to youth during interrogation passes legislature! This is great news - now how about all states pass laws that keeps cops from lying to EVERYONE during interrogations.
#CopsLie
@innocence
The message is simple. If you want to really end mass incarceration, fight systemic racism in the courts and make our communities safer then
#FundPublicDefense
The firing of Judge Persky perpetuates
#massincarceration
. It will keep judges from showing mercy and leniency to our clients that are mostly Black and Brown. Another great piece by
@RachelRMarshall
from our office.
Placing people in cages does not make our communities safer. Incarceration will not cure mental illness, poverty, drug addiction, and housing insecurity. We need to invest in people and treatment, not policing and jails. Read this story.
#CareNotCages
A LA prosecutor removed a Black juror b/c the juror said he’d been detained for being in the wrong part of town while Black.
#AB3070
will keep DAs from using these excuses to keep Black people from serving on juries. R/T & encourage
@GavinNewsom
to sign
#AB3070
#BlackLivesMatter
Clarence Earl Gideon from a prison cell in Florida using a pencil & prison stationery appealed his conviction to the Supreme Court & changed the course of history. Again, showing that incarcerated people have so much to contribute to society. Thank you
#Gideonat60
#PublicDefender
5. Juror outreach about the importance of serving on juries. A model similar to
@JurorProject
. Our juror outreach project stalled because of pandemic but we will be back on that very soon.
#JurorOutreach
Nah..we're not going anywhere. We are going to use this man's platform to callout systemic racism, to fight white supremacy, to end mass incarceration, to uplift the voices of those harmed by the criminal punishment system. We will not be silenced.
#WeHere
#BlackLivesMatter
"Humphrey asks whether it is constitutional to incarcerate a defendant solely because he lacks financial resources. We conclude it is not." In re Humphrey - amazing work by
@equalityAlec
the california supreme court has just struck down the state's money bail system as violating fundamental civil rights. our client kenneth humphrey has won his case, and hundreds of thousands of people will benefit. more to come later as we read the decision more fully.
Blacks are excluded from jury service by peremptory challenges a rate 2.5x higher than jurors of any other race. Those most likely to be incarcerated by law enforcement & charged by prosecutors are also the most likely to be excluded from jury service. Pass
#AB3070
#FairJuries
Prosecutor offices throughout the nation receive twice as much funding as defenders. They also have millions of dollars in police budgets to support them. The disparity in resources is by design! Those in power want to fund incarceration & cages instead of liberation & wages.
Alameda police responded to someone who was intoxicated in a park. Force should never have been used! And then they lied about what happened. Alameda needs to adopt a program like CAHOOTS or
@APTPaction
#MHFirst
community response. This can not be reformed
If you are a DA or Judge and you’re forcing someone to be held in a cage, you should be required to do that in person, in front of a live human-being and their family, instead of zoom from the comfort of your office or living room.
#Enough
Will be saying this until the day I die...
Fund Public Defense
Fund Public Defense
Fund Public Defense
If you care about ending mass incarceration, racial injustice, or just about having a somewhat fair system
#FundPublicDefense
#EndMassIncarceration
Imagine if every single person working in the criminal legal system treated the people caught in the system, the same way they would treat a family member or a loved one. Just imagine.
#CareNotCages
Law Schools - you need to hear this! If every time you have an event featuring a prosecutor or judge and you don't have a corresponding event featuring a public defender, you are part of the problem.
#NoMoreCopaganda
#SupportPublicDefense
#EndMassIncarceration
"This is nothing new. I'm not sad, I'm not sorry. I'm angry and I am tired. I haven't cried one time, I stopped crying years ago. I am numb." - this is what it means to be Black in America.
“Don’t be sorry, because this has been happening to my family for a long time. It happened to Emmett Till. Emmett Till is my family. Philando, Mike Brown, Sandra. I've been watching police murder people who look like me for years.” - Jacob Blake’s sister
Just a monthly reminder - the right to counsel is the ONLY service mandated by the constitution. It's time to make sure that in every state, in every county, in every municipality, public defense is funded properly!
#FundPublicDefense
#EndMassIncarceration
Imagine being a Black person accused of a crime & fighting your case - without a single Black person on your jury. Not a single one. This happens everyday in 2021, not 1961 but in 2021 - EVERY DAMN DAY!
#JuryOfYourPeers
#BlackLivesMatterOnJuries
This officer paid a witness & lied about it. He threatened our client with a jury of 12 white dudes & said “might as well squeeze that noose a little tighter.” Think about the historical violence & racism involved in that threat. THIS CAN NOT BE REFORMED
In case you didn’t hear me the first time, it is unconscionable that we are even considering this nominee for the highest court in the land! – She said the use of the N-word did not create a hostile or abusive working environment. Really!?!
#WeMustDoBetter
Imagine what public defenders could do if their caseloads were cut in half. If they were provided with the necessary amount of investigators, paralegals, social workers, support staff & money for expert witnesses. Just imagine...
#FundPublicDefense
#EndMassIncarceration
Amazing how quickly you get accused of “grandstanding” when you stand up for the rights of poor people, the rights of black and brown people, the rights of those locked in cages. I’ll take it.
#Grandstanding
#LetThemGo
#CareNotCages
#StopTheSpread
1/
COVID is not an excuse to keep people in cages longer!
COVID is not an excuse to keep people in cages longer!
COVID is not an excuse to keep people in cages longer!
It is time to fully open the courts & to give people back their speedy trial rights.
#OpenTheCourts
In New York City, a study showed that a randomized trial of street lighting reduced outdoor, nighttime index crimes by 36%! In Philadelphia, cleaning up vacant lots corresponded to a 29% reduction in gun violence.
I know I sound like a broken record but we need to properly fund public defense.
We need to properly fund public defense.
We need to properly fund public defense.
We need to fund those fighting to get people out of cages.
#FundPublicDefense
#EndMassIncarceration
#CareNotCages
I was one of the naive people that believed body cams & smart phones would stop this. How could people continue to let this happen if they saw with their own eyes what we said was happening for generations. I was wrong
#BlackLivesMatter
#JacobBlake
People say prosecutors are the most powerful actors in the criminal legal system...NO, NO, NO! They’re the most well-funded. Their budgets are nearly twice the size of public defenders. You want to create justice in a unjust system, then
#FundPublicDefense
#EndMassIncarceration
🧵
Public defenders are heroes! During this pandemic they’ve been fighting everyday despite overwhelming obstacles to get people released & prevent the spread of this deadly disease inside of jails & prisons. Heroes now, heroes b4, heroes always. Thank you
#Defenders
#StopTheSpread
America is addicted to incarceration
America is addicted to incarceration
America is addicted to incarceration
I'm going to say it one more time for those not paying attention...
America is addicted to incarceration
#EndMassIncarceration
#CareNotCages
All I want for Christmas is for someone to properly fund public defense. Prosecutor budgets around the nation are twice the size of public defenders. If we want to get serious about ending mass incarceration, how about funding those dedicated to fighting it.
#FundPublicDefense
Today I happily changed my profile. I am no longer the only Black Chief Public Defender in California! David Sutton, a
@usflaw
alum & former post-bar in our office has been appointed as the Public Defender of Marin County. Congrats Marin & congrats David!
Woke up this morning extra pissed off about the amount of injustice that occurs in the criminal system. The over reliance on human caging as a solution to crime, instead of spending more resources to get at the root causes - housing, education, mental health & jobs.
#CareNotCages
“The intentional killing of another person is wrong and as Governor, I will not oversee the execution of any individual.” -
@GavinNewsom
COVID-19 in 4 months has killed more people in CA prisons than the last 44 years of death sentences. We must act now
#StopTheSpread
#SeeThem
Doing some county police dept budget homework &..
Oakland PD $316,570,464
Fremont PD $96,543,502
Hayward PD $82,530,225
Berkeley PD $77,223,242...
Public Defender $45,202,582
Houston we have a problem!
Stop funding mass incarceration. Fund communities &
#FundPublicDefense
Still amazed that we got this done! We ended a law that kept 30% of Black men from serving as jurors in CA. Well over a million people in CA are no longer excluded from serving as a juror b/c of a felony conviction. Thank you
@NancySkinnerCA
&
@GavinNewsom