Thread: Four Years After His Death, Murder Trial Set to Begin in Case of Slain High School Fo

Four Years After His Death, Murder Trial Set to Begin in Case of Slain High School Football Star Jamiel Shaw

nbclosangeles.com
By Ela Bernal| Wednesday, Apr 25, 2012



Opening arguments are expected to begin on Monday, April 30.

Defendant's Family Avoids Trial "Out of Fear"

In court on Tuesday Espinoza wore a dark suit and glasses, his hair shaved close on the sides and slicked back on top. Espinoza’s attorney, Csaba Plafi, said his client’s family declined to attend the trial, some “out of fear” and others because they were out of town.

Jamiel’s father, Jamiel Shaw Sr., sat in the front row with Althea Shaw, Jamiel’s aunt, and family friends. They were separated from Espinoza by a large glass window and an iron metal cage, remnants of one of the original high security courtrooms in the building.

According to Jamiel Shaw Sr., more family members and friends will be present in the coming weeks including Anita Shaw, Jamiel Shaw’s mother, who was serving in the military in Iraq when Jamiel was killed. The only exception will be Thomas Shaw, 13, Jamiel’s younger brother, who will be in school.

At the time of Jamiel's death, the young football star was being recruited by Rutgers and Stanford University. If he were alive, Shaw said, Jamiel himself would be in school, preparing for college graduation.

“I’m looking to finish with this chapter of my life,” said Jamiel Shaw Sr. Jr., who discovered his son bleeding on the sidewalk moments after he was shot. “I want to move on to something else.”

Shaw has seen Espinoza at numerous preliminary hearings over the years. As Shaw watched the tattooed 23-year old cross the courtroom, he expressed frustration at the slow pace of the judicial process in bringing his son’s alleged killer to justice.
“Sometimes I wish I could attack him right there,” Shaw said.“I’m surprised more people don’t go crazy in court.”

Gang Affiliation Key to Prosecution Strategy, Defense Looks for "Holes"

In an interview, LA County Deputy District Attorney Robert Grace, who is prosecuting the case, expressed confidence in winning a conviction.

“We have a couple witnesses that were at the scene and one who saw the shooting from further away,” Grace said. “We’ll be calling them to the stand to share what they saw.”

Grace said he will emphasize Espinoza’s gang affiliation, and that “the murder was committed for the benefit of a criminal street gang.”

If convicted of murder with the special circumstance of committing the crime as a gang member, Espinoza could life without parole or the death penalty.

Espinoza’s attorney, Csaba Plafi, said he is planning to focus on what he calls “holes” in the prosecution’s argument. Plafi said a neighbor of the Shaws is a crucial witness in the case. His aim, he said, is to offer an alternate perception of the victim.
“Jamiel wasn’t so innocent himself,” Plafi said in an interview. “That night he was wearing a red backpack, a red belt, red shoes. It’s the duck theory. If it walks like a duck and it looks like a duck…it’s a duck!”

Plafl said he has not decided whether Espinoza will take the stand.

“Trials are like chess,” Plafi said. “You want to plan ahead, but you can’t always see that far down. You just don’t know what is going to happen.”

Tuesday’s court proceedings mark the latest chapter for the Shaw family after years of legal wrangling and an ongoing effort to enact a new law spurred by Jamiel’s death.

Family's Wrongful Death Lawsuit Dismissed

In 2009 the Shaw family sued the Los Angeles County Sheriff’s department, alleging that they had been negligent in releasing Espinoza from prison for an un-related abuse charge prior to the alleged murder, despite Espinoza’s lack of legal documentation.

The lawsuit also alleged wrongful death, civil rights violations and a violation of the U.S. Immigration and Nationality Act, which ensures immigration enforcement by both federal and local police.

Espinoza was released from the custody of the Los Angeles Police Department just one day before Jamiel was killed. Hours after the shooting, police arrested Espinoza, who emigrated to the US with his mother when he was an infant. He has been awaiting trial in Los Angeles County Jail ever since.

In 2008, after the news of Jamiel’s death and the circumstances around his murder were made public, the outrage went viral. The Shaw family received a letter from President George Bush and a phone call from Bill Cosby, both expressing their condolences.

The civil suit was denied by Superior Court Judge Charles Palmer on the grounds that the law did not support the wrongful death case.

Family Seeks to Revive Interest in Jamiel's Law

The Shaw family has sought to leverage public interest in Jamiel’s death,trying to generate support for a citywide ballot measure that would repeal Special Order 40, which was created in 1979 to allow victims and witnesses to report crimes without fear of exposing themselves to deportation based on their immigration status.

The order has also prevented LAPD officers from determining the immigration status of gang members, violent criminals, and felons.

“Jamiel’s Law” would allow police to collect this information on immigration status and arrest and deport undocumented immigrants for being in the country illegally, even if they haven’t committed a crime.
The family contends that the circumstances surrounding Jamiel’s death make a strong case for adoption of such a law, but efforts to qualify it for the ballot have proved unsuccessful.

In a news release issued in 2011, LAPD Charlie Beck described the key role of Special Order 40 in law enforcement.
“It is imperative that our immigrant communities, regardless of their country of origin, understand that they are not at risk of being deported or subject to any other penalty for reporting crimes that they have either been the victim of or a witness to,” Beck said.

For Jamiel Shaw Sr., the value of the order does not mitigate his grief. “People think life is like Disneyland and everyone loves you. It’s just not like that anymore,” Shaw said. “My mind still hasn’t even processed Jamiel’s death. It’s years later and I still feel like I’m in a dream.”

In recent months the Shaws have revived their push to qualify Jamiel’s Law for the ballot, though daily family attendance at the trial may stall that effort. “We want to let the people decide compared to the politicians,” Althea Shaw said.

On Sunday the Shaws began a daily blog called In Court Today, The Jamiel Shaw Case to detail the daily proceedings of the trial. Shaw Sr. also maintains a weekly Internet radio talk show to discuss aspects of Jamiel’s Law and garner support.

The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) expressed sympathy for the Shaw family and support for Espinoza’s conviction.

“The issue that he was an immigrant is irrelevant because this gentlemen committed a crime and should face justice,” said Jorge Mario, communications director of the CHIRLA. “If that means you spend the rest of your life in jail then you should.”

source: Four Years After His Death, Murder Trial Set to Begin in Case of Slain High School Football Star Jamiel Shaw | NBC Los Angeles

“The issue that he was an immigrant is irrelevant because this gentlemen committed a crime and should face justice,” said Jorge Mario, communications director of the CHIRLA. “If that means you spend the rest of your life in jail then you should.”

The fact that he is an illegal alien that had already commited a deportable offense of being in possession of a firearm who was returned to the street, by the city of Los Angeles, to commit this murder instead of being deported is relevant.

He was a government protected criminal that was allowed by the santuary city policy to go forth and continue his criminal gang activities. Who knows if Jamial was even his first victim, he was a member of the violent 18th Street Gang. JMO

Jamiel Shaw murdered by Pedro Espinoza from 18th Street



Pedro Espinoza 18th Street Gang

Illegal alien Pedro Espinoza murdered an American named Jamiel Shaw on March 2nd, 2008 just one day after being released from jail after serving a four month sentence for possession of a handgun. Instead of properly deporting him the Los Angeles Police Department (LAPD) let him loose on the streets despite being a known gang member because Mayor Antonio Villaraigosa decided to make the city a "Sanctuary City for Illegal Aliens".

Jamiel Shaw was a high school football standout who was being recruited by Stanford University. His mother found out about the murder while serving with the United States Army in Iraq before having to fly home bury her son.

Espinoza is a member the 18th Street Gang. The gang also known as "Florencia 13" is a continuing criminal enterprise specializing in narcotics distribution. It is estimated that 80% of the 18th Street Gang are illegal aliens.

Mayor Antonio Villaraigosa vowed to create an alien sanctuary in L.A. back in 2006. He uses a local ordinance enacted by the City Council in 1979 known as Special Order 40 to make this possible. Special Order 40 prohibits the police from obtaining the immigration status of detained suspects.
Pedro Espinoza - 18th Street Gang - 1

Judge Dismissed Wrongful Death Lawsuit in the Jamiel Shaw Murder
Judge Dismissed Wrongful Death Lawsuit in the Jamiel Shaw Murder | Street Gangs Resource Center

Mexico's consul general aims for harmony amid conflict

He sees that Mexicans in Southern California have their
rights protected while abiding by U.S. laws.

By Anna Gorman
Los Angeles Times Staff Writer

May 3,
2008

Juan Marcos Gutierrez has spent 16 years in Mexican public service,
including as city attorney in Tijuana, federal legislator for Baja California
and anti-corruption prosecutor in Mexico City.

But Gutierrez, 38, said his new position as the Mexican consul general in Los Angeles is by far the "greatest challenge" of his career. The size of the constituency alone -- including about 1.6 million Mexican immigrants in L.A. County -- makes the job daunting. Add to that a politically charged climate and frequent anti-illegal immigration protests and federal raids, and Gutierrez said he expects a tough tenure. Already, he has been working six days a week, often more than 12 hours a day.

In fact, Gutierrez arrived less than two weeks after about 70
Mexicans were arrested in an immigration raid at a manufacturing plant in Van Nuys. Gutierrez and his staff met with many of those who had been arrested, gave them a legal orientation and distributed more than $15,000 in one-time cash assistance.

"It wasn't that much of a surprise," he said in an interview at his office near MacArthur Park. "However, I would have liked to be around for
a month or two without any heartbreaking situations."

As a representative of the Mexican government, Gutierrez walks a fine line. He protects the rights of Mexicans living in Los Angeles without getting involved in local politics. He insures that Mexicans here have their civil and constitutional rights protected while still abiding by local, state and national laws.

For example, Gutierrez's office has met with Pedro Espinoza, the illegal Mexican immigrant and alleged gang member charged with fatally shooting a Los Angeles High School football star in March. Gutierrez said that his heart was with the family of the victim, Jamiel Shaw Jr., but that his role is also to make sure the suspect receives a fair trial.

Part of the consul general's job, as he sees it, is to promote a positive image of Mexicans and debunk what he calls myths about migrants: that they steal jobs, bring disease and don't pay taxes.

Since his arrival, he has held meetings with Mayor Antonio Villaraigosa, City Council members, county supervisors, local attorneys and immigrant rights advocates. During those meetings, Gutierrez said, he has discussed ways to work together to improve public safety, healthcare and education. And because more than 1,000 Mexicans visit the consulate every day, Gutierrez said he is in a unique position to reach a large segment of the Los Angeles population.

"Cooperation is the name of the game," he said.

Council President Eric Garcetti said Gutierrez recognizes the
importance of a strong and lasting economic and political relationship between Los Angeles and Mexico.

"He couldn't be here at a more critical time for Los Angeles," Garcetti said. "The challenge to him is to contribute positively to a divisive debate and to strengthen ties between Los Angeles and Mexico when
political winds blow against that."

One recent day, Gutierrez met with John Trasviña, president and general counsel of the Mexican American Legal Defense and Educational Fund. Gutierrez told Trasviña he was concerned about the
effect on the Mexican community of stepped-up immigration enforcement and raids.

"They are not happening every day, but it feels like it," Gutierrez said. "That's the climate of fear and the atmosphere that it creates."

Trasviña said that working with the Mexican Consulate is "more
important than ever."

"We have rights, and it's not just rights because of the Mexican flag, it's because of the American flag," he said. "We'd like to make sure those rights are respected and protected."

Gutierrez is also trying to reach out to Mexicans throughout the region by expanding consular duties to seven days a week and sending mobile consulates to new areas. Recently, he and his staff traveled to Santa Catalina Island to distribute consular identification cards and passports to Mexicans living there.

Gutierrez grew up in Tijuana and has a law degree from the
Autonomous University of Baja California. He served as the Tijuana city attorney from 1992 to 1995 and a federal congressman from 1997 to 2000.

As a representative, he authored a law that reformed the constitution and gave more independence to cities.

At the end of his tenure, he took on a controversial job as part of a team investigating Mexico's tourism director for fraud.

One day a gunman forced his way into Gutierrez's car. Gutierrez,
convinced that it was a politically motivated kidnapping and that his life was in danger, forced a car crash and escaped.

His first assignment in the United States was as consul general in Denver. During his time there, state legislators passed a host of anti-illegal immigration laws, prompting fear and frustration among Mexicans living in Colorado. Despite that, Gutierrez said he helped improve trade relations between Colorado and Mexico. He also helped facilitate the extradition of a Mexican immigrant who had been charged with
killing a Denver police detective.

While in Denver, he met his second
wife, a former reporter for Telemundo and Univision. The couple recently had a daughter, Gutierrez's third.

Not all of Gutierrez's work in Los Angeles
is expected to be controversial. He is already working with his staff to
continue health, educational and cultural programs at the consulate.

And as consul general, Gutierrez also gets to participate in an occasional fun event. One recent morning, he officiated at the wedding of two young Mexican immigrants living in Los Angeles. In front of a small group of their friends and relatives, Gutierrez declared them husband and wife, congratulated them and welcomed them to Mexico's family abroad.

Then he looked to the future:

When you have children, he told the newlyweds, bring them to the consulate so they can have the best of both worlds: dual citizenship as both Americans and Mexicans.

Mexico's consul general aims for harmony amid conflict - Los Angeles Times

Sounds like the Mexican government keeps Mexicans under it's jurisdiction, including marriage ceremonies for Mexico's citizens, and tells them to go forth and bear dual citizens for Mexico. JMO

ADDED TO ALIPAC HOMEPAGE News with amended title ..

http://www.alipac.us/content/four-ye...school-fo-442/

Trial under way in murder of LA school athlete

The Associated Press
Posted: 04/30/2012 08:16:26 AM PDT
Updated: 04/30/2012 08:50:39 PM PDT
Daily News/Los Angeles

LOS ANGELES—A Los Angeles High School student who wore a red Spider-Man backpack unwittingly became a target for a deadly gang shooting in 2008, according to prosecutors' opening statements Monday.

According to City News Service, Pedro Espinoza, 23, has a tattoo by his left ear that reads "BK," short for "Blood killer," and red is the signature color of the Bloods gang, Deputy District Attorney Bobby Grace said.

Prosecutors say Espinoza shot 17-year-old Jamiel Shaw Jr. in 2008 while the standout football player wore a red backpack and talked to his girlfriend by phone near his home.

Grace told the half male, half female jury that Shaw was assumed to be a possible enemy of Espinoza's gang based on what he was wearing.

"Pedro Espinoza would not let this opportunity pass," Grace said.

Espinoza had been in jail on weapons charges but was released one day before Shaw was killed.

Defense attorney Csaba Falfi cast doubt on the prosecution's theory on Espinoza's gang motives and said his client was never identified by shooting witnesses in a photo lineup.

Army Sgt. Anita Shaw, the victim's mother, was serving in Iraq when her son was killed.

Shaw's parents unsuccessfully sued the county, arguing that Espinoza was an illegal immigrant who should have been turned over to federal authorities.

They also mounted an unsuccessful petition drive to pass a law enabling police to arrest illegal immigrant gang members and hand them over to federal authorities.

He faces a possible death sentence if he's convicted.

Trial under way in murder of LA school athlete - LA Daily News

Originally Posted by Jean

They also mounted an unsuccessful petition drive to pass a law enabling police to arrest illegal immigrant gang members and hand them over to federal authorities.

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Where were Al Sharpton and Jessie Jackson?