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The Story
On behalf of the Barrio Defense Committee, I want to thank
the Chicano Mexicano Prison Project and the Raza Rights Coalition
of Oxnard, California for organizing the 5th Raza Prisoners
and Colonialism Conference. It is important to say that because
as Raza, we must break the silence of oppression against our
gente. These conferences and gatherings serve to expose the
terrible conditions our gente are faced with and to clarify
to the world that we as Raza are victims of colonialism controlled
by a U.S. govt. whose origins came from the theft of our land
and our lives.
We must also say that the organizing of the Raza Prisoners
Conference is truly a victory for Raza self determination because
it gives us the opportunity to analyze and to ask ourselves
why is it that so many of our people are being hauled into these
prisons that many of us call concentration camps, but most of
all to do something about it.
The Barrio Defense Committee began as a result of the capture
of my son Jose Luis Aviña. He was captured by the San
Jose and San Francisco police in April 1994. His case is similar
to the majority of our Raza that are held in these U.S. prisons.
Jose Luis and three of his friends went to Golden Gate Park
in San Francisco, California. Near Golden Gate Park is the Haight
Ashbury District. The "Haight", known to many, is
a street near the Golden Gate Park, in a white neighborhood,
which was set up by the U.S. government to allow white people
to buy any kind of drug without being harassed by the police.
The Haight was set up in the 60s, during the Chicano Movement
and the Black Liberation Movement, so that white people could
be swayed not to participate or support the movimiento of colonized
people who were organizing for our self determination. Today,
the "Haight" still functions in the same old way,
to pacify white people.
While Jose Luis and his friends were at the park they went
to the "Haight". Jose Luis was approached by a white
drug seller to buy marijuana who was openly selling it. But
then Jose Luis discovered that what the drug seller, known to
all as "Chicago", was selling was fake marijuana.
Jose Luis exposed the drug seller who was cheating people. The
drug dealer "Chicago" called for help because Jose
Luis had taken the drug seller's back pack. Jose Luis ran and
was chased by the drug seller's helpers. One of the seller's
helpers chased after Jose Luis and caught up to him and began
beating Jose Luis in the back. Jose Luis immediately, out of
a quick reaction, swung and stabbed the drug runner with a chisel
Jose Luis had picked up while running. The drug runner died.
Jose Luis and his friends immediately returned to San Jose without
knowing that the drug runner died.
Immediately, the news and the government began a massive search
for someone that killed the son of a rich white family that
had ties with the San Francisco District Attorney and the San
Francisco government. First, the media covered up that the man
that died was a drug runner and who was carrying a bag of cocaine.
Because he was the son of white rich people, the media called
him the "good samaritan" that supposedly was helping
another "human being". The "human being"
the "good Samaritan" was helping was a known heroin
drug dealer that sold deadly drugs in the Mission District where
Raza live.
When Jose Luis was caught a month later, the San Jose and San
Francisco police armies captured Jose Luis and refused Jose
Luis a legal representative while in custody. Twice an attorney
tried to represent him. The police knew Jose Luis did not know
his rights: "not to say anything and remain silent and
to request an attorney to be his spokesperson". But, they
got him to incriminate himself and immediately they charged
him with a capital punishment of felony murder, which meant
the death penalty.
Organization in his defense began when the police armies captured
Jose Luis from his home. The family members are the first people
to be organized. Ten thousand flyers were printed and distributed
in San Jose and San Francisco the first three months of his
capture. This was to get support from the community and also
to expose how the state (in the form of police, district attorneys
and the news) manipulates public opinion. The media had to criminalize
and put Jose Luis on trial even before his trial to sway peoples'
opinion. As every Raza knows, if the white man would have killed
Jose Luis, the state would have said it was self defense and
blame Jose Luis because the U.S. govt's blames the Mexican or
African whether he is guilty or not.
Organization began with the title of "Save Our Sons"
in San Jose, California. Thousands of signatures were gathered
in support of Jose Luis. Letters, faxes and petitions were sent
to the district attorney who was fighting to get Jose Luis executed.
At one time, the D.A.'s fax machine broke down because of the
massive petitions that were sent. Petitions and letters were
also sent to the woman trial judge, known to be an alcoholic
by previous appeals attorneys, would not allow the jury to deliberate
on a self defense nor on a involuntary manslaughter.
During the first months of his custody Jose Luis' family, community
supporters and friends came to visit him in the San Francisco
County jail. This was to keep his morale up because the jail
guards were insisting that Jose Luis admit he was a "gang
member" and was continuously harassed. Jose Luis kept on
insisting that he was Mexican. His public defender was another
one that was setting Jose Luis to also admit to the D.A.'s charges.
The District Attorney's main witness was the heroin drug dealer,
Chicago, who the D.A. had transported from an Illinois prison,
paid for his room and board while in San Francisco. And at night
Chicago would sell heroin in the Mission District. This was
the state's main witness who they were defending: A 350 pound
heroin drug dealer who the state declared was frightened by
Jose Luis (a 19-year old, 150 lbs, skateboarder).
The organization Save Our Sons organized families whose loved
ones were also victims of the massive imprisonment and victims
of the massive drug infestation in the barrios that the U.S.
government imported. Save Our Sons organized the community and
supporters to be at the trial, organizing caravans from San
Jose to San Francisco. The organization then changed its name
to the Barrio Defense Committee because it needed to expand
the direction it was giving to la Raza in defending ourselves
from the U.S. strategy of imprisoning la Raza with the use of
the courts, the police, the public defenders, the media and
every institution of the U.S. govt.
Demonstrations were held in front of the San Francisco court,
flyers were passed out in San Francisco; the people were continuously
fighting with the court bailiffs and sheriffs because they did
not want the community there. The people graffitied the bathrooms
and courtroom with slogans related to the struggle of la Raza.
The jury had only two verdicts to deliberate because the woman
judge would not allow self defense or involuntary manslaughter.
The verdict only had to be first degree murder or second degree
murder. Jose Luis was sentenced to second degree murder. When
Jose Luis was sentenced there was no notice to the family, no
notice on the courtrooms, and it was done secretly. When people
did find out, there were two metal detectors before entering
the court, and there was a glass window between the people and
the judge, jury, prosecutor and public defender. They sentenced
Jose Luis to 16 years to life in prison. The state understood
that the power of the people will eventually free Jose Luis
and the rest of our Raza. There were armed guards and police
all around the building and in the inside the building.
The Campaign to Free Jose Luis, Now! was then formed as a component
of the Barrio Defense Committee. Through this Campaign, other
Raza in lockdown have been supported organizing families to
have the courage to defend their loved ones and continuously
exposing the strategy of the U.S. to lock up our entire community.
The Campaign to Free Jose Luis, Now! has gone into the prisons
throughout Aztlan encouraging all of our Raza captured in these
U.S. prisons to organize ourselves taking the message that the
struggle of our Raza is the struggle for self determination
to reclaim the loss of our ancestral land occupied Mexico Aztlan
because we can never be free from oppression, poverty, prisons,
humiliation until we are able to control our own lives and our
own land for the self interest and well being of our beautiful
Raza.
The Barrio Defense Committee went into the prisons throughout
Aztlan and have followed Jose Luis wherever the state has sent
him and organized and exposed each of the prisons' brutality
against our Raza. On November 20, 1995, while Jose Luis was
in New Folsom Prison, after several demonstrations organized
by the BDC in front of the prison, 68 courageous Raza warriors
organized a brilliant hunger strike that spread throughout the
California prisons. They stood ground against the most vicious
servants of the U.S. government for almost two months. La Raza
warriors were confronted by the most powerful gringo power machinery:
the media who was daily criminalizing the hunger strikers calling
them "gang members" to win public opinion, the guards
and the prison administration who were attacking the hunger
strikers and the familias, and Governor Gray Davis who ordered
16 of them immediately transported to prisons all over the state
and then ordered 7 of them into the S.H.U. (the security housing
units) to die. This was a significant period of struggle for
la Raza inside the U.S. prisons. The world knows about the New
Folsom fighters and that on-going struggle continues.
The U.S. government put Jose Luis in the Corcoran Prison SHU
and the Barrio Defense Committee has organized demonstrations
in front of the Corcoran Prison and has continuously passed
out flyers in the town itself. Today, la Raza in Corcoran is
organizing inside the prison exposing the brutality and the
attacks against our beautiful Raza.
Venceremos! Tierra y Libertad! Free Jose Luis, Convict the
Police! Raza Lockdown are Political Prisoners of War in Aztlan!
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