nocence during the criminal phase of the trial, and did not challenge the felony strike enhancement and sex-offender registration (despite the fact that the incident was not related in any way to being a sex crime. She would later go on to say that it was a computer malfunction, and not to worry about it). Most egregiously, she refused to file a conflict of interest when she told me that she heard the presiding judge say that my son had a job that was drug-related when she told the judge that he had been doing good and working. Filing a conflict of interest would mean the attorney recusing herself from the case because she would have to testify to what the judge said. While the attorney for a second questioned whether the statement the judge made was racist, she said nothing, and thus allowed my son to be tried in front of a judge who, from jump, had a racial bias against him. After much consultation with each other, my son and I decided to file a Marsden Motion - which is the official way to fire an attorney in California. Although a judge can deny the motion, and chances are he would, this would in effect, allow my son to address the court and get the judge’s alleged comment on record. Plan “B” was for me to address the court and get the statement on record. With De-Bug’s help, my son and I wrote a Marsden motion and planned to file it next day at court. When the judge called the court to session, I said I want to address the court. Upon informing the court of my son’s intention to file the motion, my son’s attorney, the district attorney, and the judge were dumbstruck. The judge denied making the statement saying, “The information is not true.” He said that whoever told me that he made such a statement was wrong. He also said that my son’s request was out of order and inappropriate. He asked my son, “Do you even know what a Marsden motion is?” My son calmly replied,” It’s when I feel I was not represented correctly.” The judge said that he will nonetheless hear him out. Even though the judge refused my son’s motion, it was important to get all the issues my son had on record and for us to feel that we could speak and say something, instead of just allowing the racist behavior of the courts to continue, unchecked. t
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Gail’s son initiated a habeas appeal that required sworn testimony from the defense attorney and the presiding judge. Gail’s case was a front page article in the Silicon Valley Metro – the most read weekly in Silicon Valley. The attorney is no longer working juvenile cases, and the presiding judge is no longer working in juvenile court. Gail has initiated a campaign to challenge the District Attorney’s Office practice of giving strikes to juveniles.
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