17 hours ago5 min read

CORRUPTION AND COVERUP WINS

4 men were deemed guilty on RICCO Charges

BY Momii Palapaz, poverty scholar

In retaliation for 4 incarcerated men participating in a hunger strike against solitary confinement, the Federal government won a verdict of guilty. Charged with gang conspiracy and racketeering, James Perez, David Cervantes, George Franco and Guillermo Solorio were participants in hunger strikes to end solitary confinement and united with the Short Corridor collective that produced an “Agreement to End Hostilities” amongst residents of the Pelican Bay State Prison and prisons throughout California. Thousands got involved by not eating, building unity and protesting the inhuman conditions of the prison system . Sponsors Silicon Valley De-Bug and POOR Magazine rallied at the Oakland Federal Courthouse prior to the trial, emphasizing the inumanity of solitary confinement.

I’ll Never Leave Him Alone

“I’ll never leave him alone. My parents weren’t able to drive up there” to Pelican Bay State Prison. Said Mary, sister to one of the 4 men who stood trial. Mary’s brother made her “understand that he was never getting out. Maybe he didn’t want to be a rat. If you don’t know anything you can’t talk.” Long, dark and white, wavy and graying strands of hair down her back, at 70 years old, Mary has spent a lifetime standing by her brother. “The older guys don’t have any family left to visit anymore”. Yes, there were few relatives sitting in court during the 80 plus days of the trial.

Thursday, September 26, 2024 in Oakland Federal Court, Mary and I are at the Oakland Federal Courthouse waiting for the verdict. There is no one else waiting. After two and a half months of trial, it is day 10 with the jurors still deliberating. Her brother and 3 other men were charged with gang conspiracy and racketeering.

I left and received a text from Mary later in the day. “Yes, when you left, like a half hour after, I saw the attorneys going to the courtroom. I asked him (lawyer) did anything happen, they said yes they think they made up the verdict already. So I asked him if i could go in and they said yes. It was so sad to see them sad.” She looked to her brother who gave a slight movement of his face, a weak smile. All the men gave her recognition. She tried not to cry, so her brother wouldn’t worry. “ It’s all prejudice and the government side was happy.” Mary saw many federal government colleagues/attorneys there to hear the verdict, laughing and smiling. “I cried all the way home”. Boy, I wished I stayed a little longer to be with her for the bad news.

Solidarity in hunger and an end to fighting

Mary expressed her surprise saying, “I didn’t know all this stuff about (Nuestra Familia) NF. I learned a lot. I didn't know about my brother having to be in a gang to stay alive. All this was new to me. Now I hear about the government lying so much. I didn’t think there were crooks like that. I feel bad for my brother”.

In 2011, between July 1 and September 26th, James Perez, David Cervantes, George Franco and Guillermo Solorio were part of a hunger strike protesting solitary confinement. Organized by The Short Corridor Collective, the residents sent messages that spread Statewide and throughout prisons and jails on turtle island. These men lived in the (Special Housing Unit) SHU, and could only receive non-touch visits, separated by a window, with a telephone. They were denied the right to free movement beyond a cage, denied the right to quality nutrition and the right to touch earth..

In 2012, The Short Order Collective at Pelican Bay constructed “An Agreement to End Hostilities” in the continued ongoing struggle for unity amongst the imprisoned. Both the hunger strike and the “amendment” simultaneously targeted the federal government and the US industrial prison complex. Much to no one's surprise, the Feds and CDRc (California Department of Corrections and Rehabilitation) immediately tried to suppress and cover up the uprising.

Sitawa Nantambu Jamaa, co-writer of “An Agreement To End Hostilities” and co-leader of the hunger strike. Member of the Short Corridor Collective at Pelican Bay State Prison.

Toward the end of the trial an inmate and witness for the prosecution admitted he was also a confidential informant for the CDCr. This witness was known to have set up individuals outside the prison walls, involving the CHP and local police. In addition, several government witnesses were all housed together in county jail during the trial. Another witness identified a CDCr officer telling him to hide the cell phone during call searches. Even though Federal prosecutors failed to provide proof with confiscated cell phones and cash from supposed drug transactions, this lack of evidence didn’t deter the jury’s decision of guilt.

UFW- Symbol of unity and pride

Mary’s parents worked in the fields, with Mary and her older brother. The family had four children. Mary is the eldest. They went “town to town; Barstow, Mendoda, San Jose”. “When I was small, 5, 6 or 7, we lived in Barstow in a round trailer house by the railroad tracks. Mom would yell out “don’t go near the tracks. We suffered a lot, maybe that’s why I like the fields.” We used to “make clothes for school”. At 9 years old, I “picked tomatoes, garlic, onions in Salinas, apricots, strawberries and walnuts in San Jose.” I thought about my mom’s family who also lived in San Jose. Mary and I are both the same age. We both grew up appreciating those days when San Jose was mostly orchards, green houses and fields.

“I worked out in the fields with my brother.” In San Jose, her parents bought a house and “at 15 or 16, got a job at the Head Start program. I met a woman who worked with the United Farm Workers (UFW). She would take food to farmworkers in Fresno during the strike. She would do a lot of talking with the workers. I remember all the workers, and boxes of food.” I too remember the 1970’s, when the UFW campaigned heavily to boycott grapes. Organizing and marching in cities across the State of California, and reaching out to grocery stores, thousands became aware of the farmworkers struggle for humane conditions, pay, and right to strike. Supporters passed out leaflets urging shoppers to not buy grapes. My father was a union man, so we boycotted as well.

All the men deemed guilty, are descendants of migrants and have memories as youngsters in Fresno, San Jose, Salinas, Sacramento, Central and Southern California. As children, along with their parents, they worked or sat by in the fields of vegetables and fruits. They planted and harvested millions of tons of produce for independent small farmers and billionaire agri businesses. Migrant farmworkers made dimes compared to the profits of big corporate farms. The United Farm Workers and the symbol of the Eagle was respected and honored. The flag of the UFW was tattooed proudly on many of Mexican heritage. This was the symbol of unity, an emblem of the Mexican and Indigenous who crossed false borders for a better life. It was also prominent on the bodies of Mexicans housed in prisons throughout California.

As her parents aged, it became more and more difficult to make the nine hour drive to the Pelican Bay State Prison. For 35 years, their son has lived near the false border of California and Oregon, 10 minutes from Crescent City. They told Mary, the oldest daughter, to continue keeping in touch with her brother. “No matter how long I live, I’ll be there for him. My son says, ‘what about you and your health, take it easy’ but I say, no, ‘he’s my little brother and ‘if it were you, I would not leave you alone either.’ he said, ‘But mom, we want you to be okay too’.” Mary’s large sparkly eyes conveyed hope behind glasses framed with lilac.

Sentencing TBA.