Guest Voz - Maegan 'La Mamita Mala': Hate Crime Survivors Victimized Again by Racist Immigration System

Guest Voz - Maegan 'La Mamita Mala': Hate Crime Survivors Victimized Again by Racist Immigration System
When an immigrant, or two in this case, don’t fit into the the “good” immigrant narrative because of a criminal (in)justice system based, since its inception, on oppression, does the community turn it’s back? That is the question that the pro-migrant movement needs to ask itself in the face of the case of cousins Denis Calderon & Julio Maldonado who were victims of a hate crime yet find themselves behind bars, awaiting deportation.
The story of primos Denis and Julio, as told to me by their prima Maria, follows the accepted “American Dream” narrative. They are lawful permanent residents with American citizens as partners and American citizen children. Pero as two Latino immigrants in a changing neighborhood in Philly, they became targets for assault which made it easier for them to be doubly victimized, first by a racist gang and now by the Department of Homeland Security.

In 1996, Julio was visiting Denis at his home in Philadelphia when
the two were victims of a racially-motivated attack by a group of white
youths who insulted them with a racial slur. When the cousins responded to
the slur, the youths began throwing beer bottles at them. The two cousins
tried to escape, and then attempted to defend themselves.

Latinos attempting to defend themselves during a racial attack is never seen as self defense. That is a right not afforded to “our” kind. There is a silent expectation that we are supposed to take what comes our way, but when the tables are turned, Latinos and other people of color are criminalized. Not to speak ill of the dead, but 18-year-old Christian Saladino, who was stabbing Denis, had a history of violence that went unchecked and he and his friends were given the benefit of the doubt never afforded to the brown victims.

When the police arrived, they arrested Denis and Julio. They recovered two
knives at the scene but did not test them for blood or fingerprints since no
witness testified that Denis or Julio had used a knife. Denis and Julio were
charged with aggravated assault. None of the white youths were ever charged with
any crime. Tragically, Christian Saladino died in 1998. Williams brought
murder charges against Denis and Julio. The case went before a jury and the
defendants hired a forensic pathologist who testified that the victim had a
pre-existing blood condition and had not died from injuries sustained in an
attack. Inconsistencies arose in the accounts of the witnesses and the jury
acquitted both defendants.

Judge Smith, the original convicting judge, in his remanded evidentiary hearing decided the new evidence was material and ruled in favor of the defendants, vacating the guilty verdicts and calling for a new trial on the aggravated assault charges. In a reasonable system, that would
have been the end of the story and you would not be reading about it today. But Seth Williams appealed the decision and the appellate court reversed Judge Smith because the cousins had failed to present the exculpatory evidence within the time prescribed by the statute of limitations. The cousins’ criminal attorneys appealed the criminal case up to the U.S. Supreme Court and lost on technical grounds.

Several years ago, DHS got involved and put the cousins into removal proceedings on the basis of the conviction which was then being appealed. Julio and Denis appealed their immigration case up to the Third Circuit and lost. In 2005, Julio and Denis were charged and convicted with failing to cooperate in their own removal because they would not sign the papers necessary to request travel documents from Peru so they could be deported. They have been in federal prison on those charges since 2005. Julio’s release date was moved up a year due to good behavior. DHS has expressed its intent to deport him once he is released on September 12, 2009.

There isn’t much time left. The story of Julio and Denis doesn’t fit into a nice easy sellable package that will push major orgs to line up and spend money on campaigns, which is why the comunidad is important. Julio and Denis could easily have been Marcelo Lucero or Luis Ramirez. The fact that they didn’t die meant that they had to be taken care of in one way or another. There will be some on the ground actions soon and ways that peeps can help. So please stay alert for more info.

Para mas informacion read Change.org and the familia’s site on the case, FAITH, which includes extensive details.

Walking While Being Latino: Legal Immigrants Suffer Possible Deportation For Being Latino! Seek Justice for Julio and Denis!

Latinos cannot catch a break in America these days. Arpaio-like Racial Profiling abounds. We have to mind our P's and Q's, carry our passport, birth certificate, driver's license, et al, or suffer the possibility of arrest/Detention Centers, even though we are Citizens/here Legally. I thought we were living in Post-Racial America! Did someone forget to let the Police and the Judicial System know that Latinos were in the Post-Racial America equation?

Let me tell you the story of two cousins, Julio Maldonado and Denis Calderon. Julio and Denis came to the U.S. as toddlers. They were long-time Lawful, Permanent Residents. They were in the process of becoming American Citizens. Julio, a hard working construction worker from New York City, visited his cousin Denis and his wife/children in Philly. Julio and Denis were sitting on Denis' stoop as Denis' wife played with his children in their front yard. After a couple of hours of good conversation, Julio and Denis walked over to the neighborhood pub to visit other family members. As they walked around the corner and down the street, a young gang of juveniles, leaning against a wall, started calling them names. "Spic" "Go Back to Mexico" "You Don't Belong in our Neighborhood!"

Julio and Denis were understandably nervous and turned around to go back to Denis' house. They first backed away. Then it happened. Beyond the slurs, the juveniles started throwing bottles at them. Then they came running after them, chasing them, bringing out knives. Julio and Denis were almost back home when Denis fell to the ground. Julio was scared for his cousin's life. His car was in front of him and he grabbed the safety club from his steering wheel. He picked the club and swung it, to get the criminals away from his cousin. He hit the assailant. The assailant fell and passed out. Later, the assailant fell into a coma. The coma lasted 2 weeks. Ultimately the assailant died. (Years later, it was found he died due to natural causes).

Denis was able to get away from his attackers. He ran to his porch steps. His wife, who had just put their children to bed, asked what was wrong. Denis said, "Call 911. We are being attacked!" Denis' wife called 911. She pleaded for the police to come to save her family from this attack. Denis grabbed a baseball bat to try and save his cousin from the gang of juveniles.

The police came. Though it was clear Denis and his wife called the police and made the report, the police officer did not arrest the perpetrators of the crime. Even though neighbors corroborated what Denis and Julio said, the police initially never took their statements. Though knives and beer bottles were on the street, the police did not take them into evidence. Instead, the Anglo police officers arrested Latinos Denis and Julio.
This incident happened in 1996. Unbelievably, Denis and Julio were initially found guilty. However, years, later, the charges were reversed. Eventually, Denis and Julio were cleared of the charges. There are at least 2 prosecutors who have made their names off of this case and went on to higher office due to the notch on their prosecutorial belts.

I can imagine the ANTIs, reading this are saying, "Those pure innocent Anglo kids. Of course young people get drunk. How dare the Latinos walk in front of them while they are drinking. How dare those Latinos defend themselves against an attack. How dare they call the cops and expect not to be arrested."

Perhaps the weirdest news of this entire event: In 2005, Julio and Denis were charged and convicted with failing to sign their own Deportation Papers back to Peru, a country they had never visited since they were 3 years old. They have been in Federal Prison since 2005 for this technicality. There are NO OTHER CHARGES against them. Julio's release date was moved up a year due to his good behavior. DHS has expressed its intent to deport him once he is released on September 12, 2009. Now, after all of this harassment, Julio is scheduled to be deported on Sept. 12, just a few weeks away. That is, of course, unless some kindly DHS agent takes mercy on him, his children/his family. All he is guilty of is: Walking While Being Latino.
If you feel compelled, please join me and my friend Dave Bennion from Change.org in seeking justice for Julio and Denis. Visit their family website. Seek Justice for Julio and Denis!