FREE EFREN

UNFORTUNATELY, all- or mostly-white juries and in mostly-white towns aided by white lawmen who institute their own type of justice disproportionately against people of color have a long history in the US. From Rubin Carter to Luis Ramirez; from Amadou Diallo to Billey Joe Johnson, the names change, but the stain of a dark refrain refuses to fade.

Publicly paid and celebrated cirrhotic-souled ghouls do their part to broadcast the message that whites are superior and the rest hardly human (tho perhaps hot-blooded or able-ballers), and the rest of the institionalized hatemachine roars into action. The only good thing about the tide of race-based violence that has sprung up since the immigration debates sprawled through this political era, ungainly and littered with slur and a smoked-over lens half the time, is that the mainstream dialogue is beginning to accept some of the factuality of bias, of institutionalized racism and consequent violence and injustice that is evidencing itself rather baldly, and especially so since President Obama was elected. That means those of us already aware of this embedded racism can spend less time fighting “allied forces” over the fundamental ideas upon which these particular battles for justice must spring from, and spend more energy in the actual battle.

I was asked by Efrén Paredes, Jr.’s mamá Velia to try and raise awareness for Efrén’s case. And I am. Because 21 years in prison with a lifetime to go is a long time to be shut away from justice. And there are far too many of us there already. There’s a couple things listed after this post that you can do to  help. If you do nothing else, please read through and consider at the least, writing Efren a letter of support or just to say hi. These things mean a lot on the inside. His address is at the bottom, and his story begins with the headline—15-YEAR-OLD LATINO HONOR STUDENT SERVING THREE LIFE SENTENCES FOR CRIME HE DID NOT COMMIT

“There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice.” —U.S. v. Jannottie, 673 F.2d 578, 614 (3d Cir. 1982)

Learn about innocent 15-year-old Latino former high school honor student named Efren Paredes, Jr. who was wrongly convicted in 1989 for a murder and armed robbery he did not commit; a crime to which others plead guilty. The crime occurred in St. Joseph, Michigan (Berrien County), USA. Efren was tried and convicted only three months after his arrest on March 15, 1989 and convicted by 11 White jurors and one Black juror in a city whose racial composition was 95% White.  The judge, prosecutor, and all the investigating police were also all White.

According to the U.S. Census Bureau, Berrien County ranks among the top 25 most segregated metropolitan areas in the country.   It is also important to note that all the youth in Berrien County who have received life without parole (LWOP) sentences have been children of color. Efren is also the only Latino youth in Berrien County history to receive a LWOP sentence. The case against Efren was entirely circumstantial and based primarily on the statements of other youth who received reduced charges and sentences from the prosecutor in exchange for their incentivized testimony.

Asst. Prosecuting Attorney Michael Sepic knowingly committed professional misconduct when he allowed a man, who would later become the jury foreman, to be seated on the jury who worked with the aunt of the victim’s widow in Efren’s case. The information about the juror’s connection to the aunt was brought to Sepic’s attention on two occasions, once before the trial began and once after it began by the victim’s widow.  Sepic has openly acknowledged that he knew this information, most recently at Efren’s December 4, 2008 public hearing. Appellate courts have held these acts of unprofessional and conspiracy by Sepic were “harmless error.” There was no physical evidence linking Efren to the crime, no eyewitnesses to the crime, and Efren was home with his parents and two brothers when the crime occurred. Despite all this Efren was sentenced to two life without parole sentences and one parolable life sentence. He is now 36-years-old.

The Berrien County Prosecutor’s Office and police investigating the crime provided false and erroneous information to the media in an attempt to convict Efren in the media before trial. Their unethical conduct and betrayal of the public trust infected every level of the legal process and contributed to Efren’s unlawful conviction. Efren has the support of several notable scholars and activists across the country including Dr. Elizabeth “Betita” Martinez, Director, Institute for MultiRacial Justice, author, and activist; Dr. Carlos Munoz, Jr., Professor Emeritus, University of California, Berkeley, author and activist; Dr. Rodolfo Acuña, historian, educator and Chicano studies scholar; Dr. Jorge Chinea, Director of Chicano-Boricua Studies Department, Wayne State University, author and activist; Juana Alicia, muralist, printmaker, educator, and activist; Favianna Rodriguez, political printmaker, digital artist, activist; Dr. Martha Grace Duncan, Professor of Law, Emory University, and author; Dr. Walter Garcia-Kawamoto, Journal of Adolescent Research, Manuscript Consulting Editor; Elena Herrada, Director of Centro Obrero, activist, and writer;Elisha Miranda aka E-Fierce, filmmaker, writer, and activist; and others.

Efren also enjoys the support of world renowned wrongful convictions expert Paul Ciolino, a veteran private investigator. Ciolino is the author of numerous articles in professional publications and the book “In the Company of Giants: The Ultimate Investigation Guide for Legal Professionals, Activists, Journalists & the Wrongfully Convicted”. In addition he co-wrote the best-selling and critically acclaimed textbooks “Advanced Forensic Criminal Defense Investigations” and “Advanced Forensic Civil Investigations”. Ciolino is chief investigative advisor to Northwestern University Law School’s Center on Wrongful Convictions, the Medill School of Journalism, and DePaul University Center for Justice in Capital Cases. In 2003, when former Illinois governor George Ryan granted clemency and pardons to 167 death row inmates, he cited Ciolino’s investigative work, which helped free five innocent men, as one of the reasons for the en masse commutations. According to Ciolino, “There is not one shred of credible evidence to suggest that Efren was involved in the murder. No weapon, no eyewitnesses, no physical evidence, no motive, no prior conduct to suggest that a 15-year-old student athlete, and honor role student with zero criminal background, would have planned, participated or committed this murder. The community and jury were sold a bill of goods based on the words of drug dealers and thieves.”

Letters of support from these individuals can be viewed in the “General Information” tab on the above-left-hand-side of this page. The National Lawyers Guild has also endorsed our efforts to free Efren. The National Lawyers Guild is a membership of progressive civil rights attorneys.  It is dedicated to the need for basic and progressive change in the structure of our political and economic system.  Through its members — lawyers, law students, jailhouse lawyers and legal workers united in chapters and committees — the Guild works locally, nationally and internationally as an effective political and social force in the service of the people. Tuesday, February 10, 2009, the Berkeley City Council  (California) voted to condemn the life without parole sentences imposed on Efren as human rights violations in contravention with several international treaties. They join the 192 nations in the world who have ratified the Convention on the Rights of the Child and universally condemned the imposition of life without parole sentences for children.  City councils in other municipalities will now begin following the model set in Berkeley.  Click here to read more about this historic resolution and read our press release. Efren appeared in the 2004 study released by the ACLU of Michigan  about life without parole sentences for youth in Michigan titled, “Second Chances,” p. 16 and appeared on the cover of the 2005 national life without parole sentences for youth study released by Human Rights Watch and Amnesty International titled, “The Rest of Their Lives.”  His case was also presented to the United Nations Human Rights Commission twice. Once by the University of San Francisco School of Law Human Rights Advocates and once by the ACLU of Michigan. This site is maintained by the The Injustice Must End (TIME) Committee who is working to exonerate Efren and working to generate support for his campaign for justice. Efren can not access the Internet.

If you would like to send him a message you can do so by sending us an e-mail at info@4Efren.com which we will print and forward to him for a response, or you can write him directly at:

Efren Paredes, Jr. #203116 3510 N. Elm Road Jackson MI 49201

Efrén’s family asks everyone to visit this link first and foremost if they want to help. There, you can learn how you can write a letter to Michigan Governor Granholm expressing support for Efrén’s release.

** Also, join the Facebook effort to petition the Governor to support the release of Efrén Paredes, Jr. Note: Sharing this Facebook group or this post (see widget at end of post) is appreciated.

Finally, I leave you with a poem by Efrén, himself:

“Brush Strokes” by Efrén Paredes, Jr./Tlecoz Huitzil

The world is my canvas vast and serene
I evoke pleasant memories paint indescribable scenes.
My pallette of colors an ocean of words
Some capsize in their depths never again to be heard.
Create brilliant pigments with magical names
Their presence is vibrant like portraits in frames.
Poetry is soothing it can vanish your woes
Manifesting as gifts wrapped in ribbons and bows.
Like an orchestra conductor leads beautiful choirs
My words ring like symphonies they can quench your desires.
Manifested thoughts and verbalized dreams
Carefully selected each held high in esteem.
My lyrics magnetic their compositions abound
Capture imaginations create marvelous sounds.
This is an artist’s rendition of the way I see life
A gaze through my window where possibilities are rife.

Copyright © 2007 by Efrén Paredes, Jr./Tlecoz Huitzil

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UPDATE: From here, an extract of the 2008 Public Hearing for Efrén:

A public hearing was held for Efrén Paredes, Jr. at the G. Robert Cotton Correctional Facility on Thursday, December 4, 2008, to consider his commutation request. The hearing began at 11:00 a.m. and lasted nine hours. We were told it was the longest such hearing. …

…Five members of the Parole Board were present and two employees from the Attorney General’s Office. (In most hearings one Parole Board member and an Asst. Attorney General (AAG) preside over the hearings.)

The building was filled to capacity with members of the public. Every chair was filled and several people stood along the back and sides of the room. Efrén was brought into the hearing room and seated in front of the Parole Board chairperson and the Asst. Attorney General (AAG).

There were several members of the media present, as were prison administrators and staff that were not part of the security detail. They came to observe what many predicted would be the largest public hearing in Michigan history.

That prediction was transformed into reality. Most public hearings for prisoner commutations attract less than 10 people and last less than two hours.

Over 150 people were present to express their support for Efrén. Many of them wore “Free Efrén” T-shirts or “Free Efrén” stickers on their clothing. People traveled from Berrien County, Lansing, Detroit and various other cities, including some who came from Illinois and Indiana. Over 40 of the supporters were from the Berrien County area alone.

A contingent of Michigan State University (MSU) students arrived at the hearing in an MSU bus to support Efrén. Students from the University of Michigan and other universities were present as well.

Before Efrén entered the hearing room everyone was instructed to not communicate with him or attempt to touch him. Efrén sat with his back to the public during most of the hearing.

The Asst. Attorney General (AAG) grilled Efrén for more than four hours. The AAG made disparaging and rude remarks towards Efrén and constantly interrupted him when he was responding to questions.

The AAG’s unprofessional and unethical conduct was offensive and disturbing to many citizens present. His actions as a civil servant were worse than those of any television show attorney. Certainly not behaviors that would be tolerated in a courtroom.

There were several exchanges between Efrén and the AAG about the facts in the case. Efrén calmly and politely corrected the AAG several times about inaccuracies and information that the AAG discussed. He also asked the AAG on more than one occasion to be honest with the public about issues the AAG was misrepresenting.

The information the Asst. Attorney General (AAG) used to oppose Efrén’s release was received from the Berrien County Prosecutor’s Office in summary form. The AAG admitted to not having read the court transcripts or police reports, and that he was taking all his cues from the Berrien County Prosecutor’s Office.

The AAG used fragments of statements to illustrate his points, often not knowing what the rest of the statements were which he received his information from, or the context they were pulled from.

At one point the AAG admitted he also did not understand the court appellate process, yet unsuccessfully attempted to argue that Efrén’s appeals being denied were evidence of guilt.

The AAG stated that U.S. District Court for the Eastern District of Michigan judge who denied Efrén’s habeas corpus petition, Gerald Rosen, was not a “prosecutor’s judge.”

Efrén informed the AAG that in his 20 years of imprisonment he has spoken to many attorneys, and done extensive legal research, and he has never read a single prisoner appeal that Judge Rosen granted.

The AAG stated he was not aware of this information. It was one of several moments the AAG admitted his lack of knowledge about matters he was arguing.

The AAG asked Efrén why he did not raise certain issues on appeal. Efrén conveyed to him that he was only 15-years-old at the time of his arrest and had to rely on his attorney to file appellate issues. Efrén also stated he did not know how to navigate through the criminal justice system. Unfortunately for Efrén, he received ineffective assistance of counsel.

Despite the rigorous interrogation-style tactics launched against him, Efrén remained poised during the entire hearing. He never allowed the AAG to evoke anger or hostility in him at any time. Efrén responded to all questions posed to him and presented compelling arguments to support his defense.

No members of the community where the crime was originally tried were present opposing Efrén’s release, other than the victim’s family members, police officers or members of the prosecutor’s office. There were, however, dozens of members of many communities present in support of Efrén’s commutation request being granted.

Twelve people spoke in opposition to Efrén’s release. They included family members of the victim, one friend of the victim, three Berrien County Sherriff, three city police chiefs, the Berrien County Prosecutor and his Chief Asst. Prosecutor.

The prosecutor’s office argued that there was public outrage opposing Efrén’s release. (Efrén was tried and convicted amid a barrage of adverse media publicity which disseminated false, misleading and erroneous information about his case. Police, prosecutorial and judicial misconduct were in large part the reason he was wrongly convicted.) Besides victim family members, a few friends of the family, and the police and prosecutors, no other members of the community were present to validate the claim of opposition. In total those opposing Efrén’s release present numbered fewer than 20 people.

The Berrien County Prosecutor, Art Cotter, spoke to the Parole Board and recited lyrics from a rap song found in Efrén’s school locker at the time of his arrest. The lyrics were from a rap song by multi-platinum artists NWA from their album “Straight Outta Compton.” Cotter contended that possession of the lyrics was reflection of Efrén’s mindset — implying he had a propensity for violence.

Efrén’s youngest brother, Hans Koppenhoefer, Jr., later spoke and countered by stating that when he was in high school he knew someone who had a steno book full of rap lyrics much worse than the ones that Cotter read.

Hans went on to state that the same person is now employed as a police officer in Berrien County.

Dozens of people requested to speak on Efrén’s behalf at the hearing. Efrén limited the number to twenty people which included three immediate family members, clergy, community leaders, organization board members, a psychologist, MSU students, two of his employment supervisors at Michigan Braille Transcribing Fund, 1320 AM Lansing radio show host Jack Ebling, and wrongful convictions expert, Paul Ciolino.

Efrén’s supporters presented compelling reasons why he should be released besides the fact of his innocence. They talked about all the positive things he has done while imprisoned for himself and others, how he could be a productive member of society if released, his employment opportunities, available home placement, and overwhelming support.

They also argued why Efrén’s sentence is a violation of the Convention On the Rights of the Child (CRC) and constitutes a human rights violation. The CRC prohibits the imposition of the death penalty or life without parole sentences for children.

Paul Ciolino, world-renowned wrongful convictions expert and Chicago-based private investigator, told the Parole Board that Efrén’s case is a classic wrongful conviction case. He reaffirmed the AAG’s position that criminals change their mind all the time. Ciolino told the Parole Board that the criminals who accused Efrén of being the perpetrator of the crime have changed their stories many times.

Efrén’s defense has remained consistent for 20 years and he has maintained his innocence. Ciolino told the Parole Board he has reviewed hundreds of wrongful conviction cases and exonerated 20 innocent men, including cases with much more alleged evidence than in Efrén’s case.

The previous day at a press conference Ciolino told the media that the conduct of the criminals in Efrén’s case is consistent with the actions of criminals — they pursue deals with the police and prosecutor and do anything they can to escape punishment. Efrén, however, has never done that or wavered about his innocence.

The AAG also argued that Efrén has only served 20 years and “20 years is not a lot of time.” Efrén responded that he totally disagreed. He went on to say that he was arrested at age 15 and is now 35-years-old. Efrén has spent more time in prison than he did a free boy in society. (In a post-hearing conversation with members of The Injustice Must End (TIME) Committee Efrén stated, “20 years is a lot of time by anyone’s standard — I have no idea what the AAG’s concept of time is.”)

Once Efrén’s supporters concluded speaking the Parole Board chairperson, Barbara Sampson, told Efrén what some of the terms of his parole would be, if he is released. She also told him that if the Parole Board does not release him she urged him to continue on the path he has been on, doing the same positive work he has been doing.

Ms. Sampson commended Efrén for all his accomplishments and the large amount of support he had present at the hearing. She told him, however, if the Parole Board releases him, it will not be because of all the support he had present at the hearing.

Efrén was informed, if he is released it would occur because of his accomplishments, that he has served sufficient time, and he is not a danger to society. It was stated that the Parole Board could not take into consideration Efrén’s innocence because he has been convicted and is guilty under the eyes of the law.

According to Ms. Sampson, the purpose of the public hearing was not to examine guilt or innocence, though the AAG spent several hours extensively discussing Efrén’s case. Ms. Sampson stated that the purpose of the hearing was to determine Efrén’s readiness to return to society.

The AAG then opposed Efrén’s release and added that because Efrén has been convicted and he refuses to admit to the crime it makes him a SOCIOPATH, and he would pose a DANGER TO SOCIETY if released.

Efrén was subsequently allowed to make concluding remarks to the Parole Board stating why he feels he is deserving of release. He delivered a powerful and moving appeal to the Parole Board for the opportunity to reclaim his life and experience life as a free citizen for the first time in his adult life.

He assured the Parole Board he would comply with all conditions of parole and do whatever was asked of him, including not returning to Berrien County for any reason. Efrén also told the Parole Board he harbored no ill feelings toward the people who put him in prison. He said he understood that anger and bitterness are destructive to the human spirit and he did not wish to live like that.

Efrén said he was focused on the future and moving forward with his life. He stated that every moment he spends thinking about the past is a moment he cannot think looking to the future. Efrén added that he rejects the notion that people are inherently incorrigible and that he engenders the concept of redemption. He asked the Parole Board to consider this as well.

Finally, Efrén told the Parole Board that he has accomplished more than many prisoners that have been paroled, and feels he is equally deserving of the opportunity for release in the interest of fairness and equality.