INNOCENCE DIMINISHED





I was sentenced to 39 years with 85% for my first adult conviction, with 85% meaning that I will have to do 85% of the whole term which is 30 years.  The list of crimes of which I was convicted are violent ones.  I think they total out to about fourteen different charges four of which were attempted murders and assault with a deadly weapon.  The deadly weapon being a gun, a gun that was not in evidence or found and assault with a deadly weapon on police.  I plead and still plead not guilty.  

On the attempted murders, I feel I was wrongly convicted of attempting to kill a human being, no one was shot.  I was   mistrialed on the premeditated clause which would clearly eliminate the intention  to diminish ones life being each charge of attempted murder carried 29 yrs.  Nine years for the attempted murder and a 20yr gun enhancement.

       In California it is not out of the ordinary for the D.A. to work with the public defense AKA public defenders and/or hired attorneys to concoct a deal which will be presented to the attainee on a silver platter with a butchers knife clenched in the fist that is serving and holding the dish.  For my case it was anywhere from 20 to 40 year sentence, the catch was I would have to admit to five out of the six attempted murders and they would drop the premeditatation and give enhancements, sounds nice right!  Yeah that’s about all it was.  Keep in mind this is my public defender AKA public pretender .  Presenting me with this.  Outrageous isn’t it but, wait I’m not finished yet.  I asked her say that I did do this,  accept the deal, what would I be sentenced  Twenty or forty years?  She could not answer me with a sure thing.  I decided that I did not like the taste of this dish being presented by the D.A.’s waitress.  She got upset, but I didn’t give a shit.  I was pissed!  This is an injustice.  She left after a few more attempts and that was it.  I decided to go to trial but, before I did I requested for a hearing called a “Marsden Hearing.” This is a hearing where you try to fire your lawyer or public pretender during this hearing.  I was prejudiced against and denied the right to fire my attorney, albeit.  There was clearly a conflict of interest when my attorney called me a "liar" but, still the judge insisted that I pursue my case with her as my litigator.

During trial she made some more remarks that prejudiced my trial.  She told the jury we are not here to decide if the defendant is guilty.  We are here to determine what he is guilty of.  That is just one of the injustices I suffered by a court appointed attorney.  At the end of trial I was found guilty of 4 attempted murders.  One less than was presented in the deal and was given 39 years with no premeditation or gang enhancements.

At the end of it all, I was proud of myself for not succumbing to the circumstances and biting the hook of the inept, in debt as   well as corrupt justice system and its dominions.

                                                                                                   
© Copyright 2003 Daniel Chairez Jr.

Daniel Chairez Jr. P31528
Salinas Valley State Prison (FC2-229)
PO Box 1050
Soledad, CA 93960-1050                                                                                                   

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