Disorder in the Court

Disorder in the Court
Santa Clara County Judge Makes Startlingly Inappropriate Gesture, Bailiffs Harass Observer
By David Madrid

Last Sunday afternoon I had the pleasure of catching one of Silicon Valley De-Bug's community meetings. It's where people from throughout the South Bay come to together and share their stories and cases of loved ones who feel wronged by the criminal justice system.

But the meetings are more then just a space for venting, they are meetings of action, where they don't only provide legal advice but also individual strategies and support from mothers and wives that are veterans in fighting our failing judicial system.

A woman recently came to De-Bug seeking help for her husband who was already incarcerated in Santa Clara County, when he picked up a new charge, trying to link him to a prison gang. This new charge was part of a sweep that involved 18 men, convicting all except for four, one being her husband. This new charge may lead to a life sentence.

The trial was ongoing when she came to De-Bug. She had been following the trial closely and was concerned and appalled by the conduct of the court, from the jury selection to the unprofessional actions of the judge. She asked if folks could come down and bare witness to what she has seen.

I volunteered and that following Monday morning we met at the Superior Court House in San Jose, Dept. 35 in front of Judge Brock. As we walked in I could feel the stares of the sheriffs (bailiffs) watching us, we were the only ones there. As the jury came walking in I was surprised, about 75% of the jury was a white male over the age of fifty, hardly the defendant's peers.

The courtroom was a circus; imagine four defendants with the same charge each with their own case and their very own public defender. To the jury all four defendants looked the same and what's sad about that is her husband has no solid evidence pinning him to a prison gang, but some of the others do. So when one looks guilty, they all look guilty.

I also couldn't help noticing one of the bailiffs with the case of the giggles, that dude found something funny, every time I glanced at him he seemed to be holding in a laugh. What's really disrespectful was that he was sitting out in front of the courtroom, for all to see.

The judge was pretty disrespectful himself, at times rolling his eyes and making eye contact while smirking at jury members, when public defenders would be making points and presenting their case.

As the trial went on there would be a few people coming and going, checking it out. Mainly college folks, just taking notes trying to get some credit for their criminal law class. As the first break was called, walking out through the doors to the lobby I was basically chased by one of the bailiffs. He confronted me pretty aggressively, “What are you doing here, you some kind of student?” surprised by his forceful manner I replied, "Isn't this an open trial?" He then asked to see my ID, which I had no problem showing to him. He then went on grilling me, “You been to prison or on probation?” and was totally surprised when I gave him the answer "no." What's a trip is that he didn't question anyone else but me, a 30-year-old Chicano male. Now I do understand the nature of the trial and the precautions the courts must take, but this in no way is truly an open trial. My friend, who is a 30-year-old white male, was never stopped or asked a question.

Returning back to the trial, just when you thought you seen it all, the judge did it again, showing a display of bias and out right disrespect. During the cross examination of a police officer, one of the public defenders was speaking when the judge formed his hand to the shape of a gun and shot himself in the head as a sign of annoyance to a question that was asked. This gesture was made in plain view for the whole court to see.

I then turned and looked to the wife who's husbands life was at the mercy of this court. We made eye contact, and shook our heads in disgust; there was no fair trial in this courtroom today. Now you better believe she is a fighter and with the help of the community, this is only the beginning.