Hate Crime Victim Julio Maldonado Wrongfully Convicted, Now Being Deported
Published August 12, 2009 @ 11:46PM PT
I was recently contacted by several family members of two men who came to the U.S. from Peru many years ago. The men are Julio Maldonado and his cousin Denis Calderon. Once I heard their story and checked it out, I knew I had to blog about it.
I will explain the facts and case history as the family explained them to me and based on my review of court transcripts, legal briefs, and Julio’s written statements. Some of these documents are available along with a timeline on the website that the family (in particular, Julio’s cousin Maria Rolon) has created.
Julio and Denis were both long-time lawful permanent residents. Julio has lived in the U.S. since the age of three and has a longtime U.S. citizen fiancée. Denis has a U.S. citizen wife and U.S. citizen children. The men are now in their early forties. 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.
Julio ran to his car and pulled out a “Club” anti-theft device and wielded it against the person he saw stabbing Denis with a knife, 18-year-old Christian Saladino. Part of the Club detached and flew off, striking a nearby car. Unbalanced, Julio brought the remaining portion down and struck Christian’s shoulder. Christian got up, took a few steps back, and collapsed. He was taken to the hospital and revived but fell into a coma.
Denis had run to his house where his wife called the police. He grabbed a baseball bat and ran outside looking for Julio, who he believed was being attacked. Denis did not see Julio, but swung the bat around his head to fend off his attackers, hitting no one. The police soon arrived.
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.
Seth Williams, the current Democratic nominee for District Attorney of Philadelphia, was then the young prosecutor on the case. He fought hard on the case and Denis and Julio’s attorneys made some crucial errors, including failing to insist on a jury trial. Judge Gregory Smith found the two cousins guilty of aggravated assault and other ancillary charges in a bench trial. Each defendant served 2-3 years in prison for that conviction.
The cousins appealed the case on the basis that counsel had been ineffective in failing to submit key expert medical testimony. The appeals court at some point remanded the case back down for an evidentiary hearing on these issues.
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 (pdf).
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 (pdf). 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.
Julio recently filed for a pardon from Pennsylvania Governor Rendell. His immigration attorney is exploring the possibility of a stay of removal based on the pending pardon.
Maria believes her cousins were the victims of a hate crime and that they are innocent of the convictions which the convicting judge himself later vacated. Based on my review of the court documents, I agree. They have lived here almost their entire lives and their families live here in the U.S. They have nothing to return to in Peru, and no reason to return to the country they left so many years ago. But falling as they do at the conjunction of the unforgiving and error-prone criminal justice and immigration legal systems, the government has reached the perverse conclusion that these two men must be exiled from their home.
I believe this is wrong. I believe we should do something about it. This is why I am sharing their story here. Please go to the family’s website and review the documents for yourself. In the coming days, I will be exploring opportunities to take action in this case, both on this site and elsewhere. If you feel compelled, please join me in seeking justice for Julio and Denis.
Update: See new photos on the family's site here.
[Top image above: Julio and his mother pre-1996; bottom image: Denis and his mother pre-1996]
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Comments (9)
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David is an attorney in Philadelphia, PA, where he helps immigrants to the U.S. navigate the complex immigration legal system. Views he expresses at change.org are his alone and don't represent the views or opinions of his employer, Nationalities Service Center. The information contained on this site is intended for educational and advocacy purposes only.
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Thank you for bringing this hate crime/ miscarriage of justice to our attention, Dave. Anyone who still thinks that we're living in a "post-racial America" should read up on this case. I have posted a link on Facebook. Please keep us posted.
Posted by a d on 08/13/2009 @ 03:45PM PT
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No one is saying we are living in a post racial America but we have come a long ways. Racism still exists and probably always will but racism from all groups is starting to emerge. Some just don't want to admit it though.
Another bad thing emerging is that everything that happens nowadays some people turn into a racial issue when many times it isn't.
Posted by Mark Lindley on 08/14/2009 @ 07:52PM PT
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Mark, pick one once in a while and stay on the side lines. This one in particular.
Posted by Gary Stein on 08/24/2009 @ 07:16AM PT
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Went to the cousins web site. What can I do? This paragraph had special significance to me though
"Like most, they were brought here as a family to get away from the sufferings and fear of the never ending violence and extreme poverty caused by the controversial abusive power of socialism, militarism, capitalism and government corruption that existed in Peru at the time. Their parents wanted them to have a better life, some call this the "American Dream" others call it “survival”....."
I thought I had a plan getting us to drivers licenses, then amnesty and all it would take would be a little talk radio getting behind a boycott idea I had planned for a certain country. Assuming everyone here gets amnesty......what are we going to do about the corruption down there? They'll stay poor, but we could have helped them when we had the opportunity to use amnesty as leverage (blackmail). Pitty little Gary has no............ mojo
Here's some gospel for that family and Beto and others like them
Nobody knows the trouble I've seen Nobody knows but Jesus Nobody knows the trouble I've seen, Glory Hallelujah! Sometimes I'm up Sometimes I'm down Oh, yes, Lord! Sometimes I'm almost to the ground, Oh, yes, Lord!
Posted by Gary Stein on 08/24/2009 @ 08:12PM PT
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Gary, I stay on the sidelines on many of these topics. Why does it bother you so much when I don't? Can't tolerate another viewpoint?
Posted by Mark Lindley on 08/25/2009 @ 05:32AM PT
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Gary, can't you see that you will never gain any support in here for your boycott plan? My reasons are different for disagreeing with you about it than the majority in here. They have a whole different agenda if you haven't picked up on it yet.
Posted by Mark Lindley on 08/25/2009 @ 05:36AM PT
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Dear Dave, I’m sending this to you in a private message and posting. Hope you don’t’ mind my doing so. You surely expected a private response to the private message you sent me suggesting I maybe tone it down on the gay rights side of the blog; “listen to your friends at the gay rights blog. They appreciate your passion, but when you come bulldozing in without listening to people it is very alienating and they don't understand what you are doing. Ana lisa said the same thing, if you recall.”
I'm leaving my message to you as a famous stream of consciousness for which I’ll be known far and wide eventually. There’s only 3 people commenting on this blog anyway, I could have posted it another story where the gang is all assembled. Please don’t ban me- this is a little outrageous- remember Beto. Maybe me posting this publically is in your master plan, who knows? This might be a big chess game? I’m a pawn and you’re a rook however. But no Kings here, we are small timing it. We could get around that- pool our resources. Here it goes..
Stream of consciousness (worth sorting through #126)…….. You know I’m such a tortured mother, worrying about you being busy and taking time to respond to me- and ana lisa too, worry about the same thing with her- and yes I remember her saying the same thing you said about getting off track. And these words like “hijacking a thread” etc- saw them over at the Daily Kos. Another waste. Assholes think they’re helping elect Democrats, then they ban any Republicans- whose butts they could be kicking, or trying to sway at least- from the discussion. Some of them are brilliant over there but what audience are they reaching really? Preaching to the god damned choir they are. They could learn a little about inclusion from this site.
Listen I’m running out of time, there’s only 3 months left before the election, this blog (the immigration, not the gay rights side) could be doing a little more for me………….nobody fucking gets it…..I need 2 or 3%, I could get it with a little help here and elsewhere. Nobody has to agree with someone 100% of the time. Do I agree with Republicans all the time?
I’ve put amnesty front and center on my campaign web site. The web site nobody sees is more like it. I don’t expect a politician to say a boycott is workable, they’re followers, fingers in the wind type- but Spanish talk radio, and immigration blogs could give me a boost; then big bad O’Reilly maybe would take over …..and it goes like that down the line.
What have I said that is so crazy? Drivers license’s immediately, a boycott, and then amnesty. If the fantasy ever became a reality what’s to lose? It’s on the table. And if the boycott is ineffective, well then, many Americans are sympathetic and appreciate the “old college try. ” And amnesty once offered ….what is it going to be un----offered if a boycott didn’t work. I can’t express every nuance (I’m no writer, that’s why I need a reporter to flesh me out properly) but I know it would work and Mexico would be on notice about the petty corruption that we tolerate (from our cozy homes here) like they’re some small child. We have something the “child” desperately wants. Amnesty for their citizens and something the “child” requires or it dies; remittances. The Mexican citizens aren’t going to starve, assuming “illegals” here participated in huge numbers- but the Mexican government would starve, it’s their 2nd biggest source of revenue after the revenue from the dwindling oil fields. On and on I could go, they need us on that score too….that is our expertise to stretch the oil reserves.
Dave, think about it please. This blogging is small potatoes; it's a good starting point though.
I’m thinking of starting another poor man's web site; I may have told you this already, Stein for Congress 2010. It could show up in the search engines under Stein for this Stein for that… and some people will know to type my name in the search engines by the end of these next 3 months. I’m thinking of leaving all the pages blank but adding the music player on each page- making them curious what this mother fucker is up to now. Or just one page showing, contact, and Barbara Streisand singing “Happy Days Are Here Again”
Making a fool of myself, hoping for a laugh it’s called. But I’m thinking of one page being used for that story you directed me to, about the two innocent brothers that are going to be deported.
Transferring the story just the way it looks on change.org
Here’s a you-tube. Burt is playing me in a 1960’s movie (without the multiple sex partners of course)
http://www.youtube.com/watch?v=yIegoQAayFs&feature=related
Posted by Gary Stein on 08/25/2009 @ 07:12AM PT
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Mark, hello, thanks for joining in. One of these days I'm going to get a good dose of my own medicine. There's nothing wrong at all with you jumping in, it's just a blog and I was probably trying to curry favor with Dave. There's nothing wrong with that if I'm up front and if I'm sincere when i say I was moved about Julio and his cousin ( I might have said brothers somewhere along the line).
I know there's an agenda, it's politics every where all the time 24 hours a day- 365 days a year and nobody can ever get beyond that. I would have made a great Congressman, it's a shame. The janitor chiding the career politicians.
I'm wacky, still laughing inside from the effects of me posting that you tube and checking to see that the link worked. I watched it again. Saw that movie 30 years ago probably. For years I waited for it to be shown again, like on TCM- when we still were able to get TCM! Well they showed it eventually and it was not as good as I remembered but it still was good. And now you can find just about anything you want on you tube, and there it is. and how appropriate....I "appropriated it" I'm the "swimmer" now along with Fielding Melish, Virgil Starkwell and yes ana lisa- Don Quixote.
Posted by Gary Stein on 08/25/2009 @ 07:31AM PT
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and Dave work with me, don't ban me. That would be too ironic, you warning me about being banned on the gay side of the blog and then this.
I don't think you are- but who knows? We all need each other so I'm asking just in case I got you on a bad day. You must have plenty of those!
Posted by Gary Stein on 08/25/2009 @ 07:35AM PT
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