Commutation Hearing for Efren Paredes, Jr.

by Terry Kelly
The Michigan Citizen

Justice has seldom found a welcome in Berrien County. No more so than with the case of Efren Paredes.

Arrested at age 15, sentenced to three life sentences at 16 and still in prison at 35, Paredes has declared his innocence from the beginning, struggled to clear his name in a case with no direct evidence and no eyewitnesses.

With the help of countless supporters he is seeking clemency from the governor, a process that began before the parole board at a hearing Dec. 4 in Jackson. It was an historic hearing, drawing the largest number of supporters ever, over 200, and ran an unprecedented nine hours.

“This case screams wrongful conviction,” Paul Ciolino said in his testimony before the parole board. “The system is broken when it comes to this case.”

Ciolino, a private investigator hired by the Paredes family and supporters, is a co-founder of the Northwestern Innocence Project in Chicago and part of a legal and investigative team that has helped release over 200 innocent prisoners across the country, with direct involvement in five cases of proving wrongful conviction.

In Paredes’ case, Richard Tetzlaff, manager of Roger’s Vineland Grocery, was found shot to death execution-style in the store’s back room in 1989. On the night he was murdered and the store was robbed, Tetzlaff had earlier driven employee Paredes home from work.

Police and prosecutors who showed up in force for last week’s hearing had accused Paredes almost immediately of the crime despite the youth’s stellar record in school and out.

While three other Lakeshore High School youth admitted involvement in the store robbery, ranging from owning the gun used, to the car that was driven, only Paredes maintained innocence and denied participation. The others testified against him in exchange for reduced sentences.

Ciolino said that as in most cases of wrongful conviction the police and prosecutor focused on a single suspect early on and ignored other evidence and leads.

Paredes was the main suspect eight hours after the thing happened, Ciolino told the parole board, when there were five or six suspects.

Ciolino listed for the board the contradictory evidence, tainted evidence, missing evidence and bungling by the police.

At the hearing, police and prosecutors, attempting to rekindle much of the sensationalism of the 1989 trial, testified why in their mind Paredes was guilty and should not be returned to society.

Berrien County Chief Assistant Prosecutor Mike Sepic, who tried Paredes’ case, told the parole board that lyrics from the NWA rap song “Eight Ball Posse,” served as motivation for the police focus. Finding every word of the rap written out in Paredes’ high school locker led law enforcement to believe they knew Paredes “state of mind”— for the police, Paredes was a gang leader.

Prosecuting Attorney Arthur J. Cotter read into the record every word of the song, expletives and “n”-words.

Ciolino reminded the board that Paredes had never been involved with a gang, as a student, or even as a young prisoner. He also took issue with the police effort to say the rap song was a “window into his mind.”

A person’s conduct and personal history is the best indicator of behavior, Ciolino told the board.

Scott Elliott, a longtime prison reform activist, who has spent over a decade trying to clear Paredes and who testified at the historic hearing, told the Michigan Citizen later that the show of force by county law enforcement was an indication of the weakness of their case.

“If reciting that rap lyric was the best that Cotter could come up with, it seems pretty pathetic. From the beginning they fabricated their case against Efren almost totally out of whole cloth. That was apparent at the hearing.”

Parole Board members questioned Paredes about his trial and prison record. His answers were straightforward and persuasive.

Assistant Attorney General Charles Schettler was openly belligerent with Paredes, who kept his composure throughout the grilling as he detailed the flaws in the case against him.

Chair of the Parole Board, Barbara Sampson, warned Paredes at the beginning that in the view of the board he “was legally guilty” that he had been found so by a jury and a number of appeals had sustained the jury verdict.

Supporter after supporter testified to Paredes accomplishments. He has become a Braille translator and if released will establish his own business doing that work. Both the president of the Michigan Braille Association and his immediate supervisor testified to his superior work record, vision, knowledge and contributions.

Paredes would live in Battle Creek and not return to Berrien County, if released.

The members of the parole board who heard testimony Thursday will make a recommendation to the entire board which will then make a recommendation to Gov. Jennifer Granholm, who has the ultimate decision.

Sampson repeatedly emphasized that the parole board would make its recommendation on Paredes commutation to the governor based solely on his preparedness for release.

Juveniles Incarcerated for Natural Life Within Adult Prisons: Public Opinion in Michigan

Michigan is one of 19 states that allow children of any age to be tried and punished as adults. Trying youth as adults opened the door to imposing sentences of life without the possibility of parole, particularly in Michigan and 26 other states that have mandatory sentencing.

More than 300 youths have been sentenced to life without parole (LWOP) in Michigan and are serving these sentences in adult facilities. Michigan ranks third in the number of youth sentenced to LWOP and is second only to Louisiana in the rate of juveniles age 14-18 serving sentences of LWOP.

To determine public opinion on the issue, questions related to the topic were included in an annual statewide survey of those 18 years or older. The survey, administered by a public university, was conducted during the spring and summer of 2005.

We found that only 5 percent of residents supported Michigan’s current law regarding juveniles serving life without parole in adult facilities. The majority believed “blended” sentences that included both juvenile and adult sanctions were more acceptable. Moreover, Michigan citizens were strongly opposed to juveniles 16 and younger being housed with adults in correctional facilities and believed that juveniles were strong candidates for rehabilitation.

Michigan residents are unequivocal in their belief that youths should be held accountable for their violent crimes, but that it should be in a manner that recognizes the physiologic, psychological and emotional capabilities of the youths, understanding that these capabilities differ from that of adults. These findings support alternative sentencing arrangements and changes to Michigan’s current policies and legislation.

The above abstract is from the study conducted by Wayne State University School of Social Work. Click here to view the entire study and press release.

Awaking the Xicano/Latino Leader Within — A Conversation with Efrén Paredes, Jr.

Chicanos y Latinos Unidos (CLU) is convening a workshop at Michigan State University on Sunday, November 23, 2008 from 7:30 pm to 8:30 pm, to discuss the importance and need to awaken the Xicano/Latino leader within. Efrén Paredes, Jr. will be calling in to lead the discussion and invite attendees to be actively involved in this critical discussion.

The subjects covered will include, but not be limited to, the following:

• Control of thought and behavior;
• Taking ownership for our actions;
• Overcoming insecurities and fears:
• Changing our perceptions;
• Creating mutual respect between the sexes;
• Empowering ourselves;
• Value of expression and communication;
• Developing positive self-image;
• Perils of reactionary behavior;
• Anatomy of conflict resolution;
• Forging alliances and collaborative efforts;
• Emphasizing culture, history and identity; and
• Need to pursue higher education.

Efrén will share two decades of intimate personal experience and research about these subjects. He has mentored hundreds of people and worked closely with them to equip them with the knowledge and necessary skills to thrive in a rapidly changing society.

An honest, articulate and motivational speaker, Efrén will teach people how to gain control over their lives and discuss the perils of refusing to do so. He will also provide a critical in-depth cost-benefit analysis of the group's dialogue every step of the way.

The work Efrén has done to combat social injustice and empower Xicano/Latino youth has been endorsed by Dr. Elizabeth "Betita" Martinez, Dr. Carlos Muñoz, Jr., and other highly respected members of the Xicano/Latino community.

We endeavor to generate widespread interest in the workshop and use this blueprint for personal growth and development to reach students at the college level and later at the high school and middle school level.

Ultimately we not only want to correct distorted thinking patterns, we want to prevent them from being engendered to begin with.

To learn more information about the workshop you can contact the event lead organizer, Xavier Gonzalaz via e-mail at gonza365@msu.edu or via phone at 956-739-5264.

_________________________

* The term "Xicano/Latino" is in no any way intended to exclude Xicanas or Latinas. We want it to be clear that Xicanas and Latinas are included in our usage of the term.

The Coalition for the Fair Sentencing of Children Submission to the American Bar Association's Juvenile Justice Committee's Town Hall Meeting

Click here to view a submission by The Coalition for the Fair Sentencing of Children to the American Bar Association's Juvenile Justice Committee's Town Hall Meeting, November 6, 2008. A photograph of Efren is featured on the first page of the document.

The Coalition includes a list of all the following organizations that are calling on Congress and President-Elect Barack Obama to abolish juvenile life without parole sentences in the USA:

Children’s Advocacy Clinic, Children in Prison Project, Florida State University College of Law
Children’s Law Center, Massachusetts
Citizens for Juvenile Justice, Massachusetts
Columbia Legal Services, on behalf of clients, Seattle, Washington 
DLA Piper, LLP
Bernardine Dohrn, Director, Children & Family Justice Center, Northwestern University School of Law
Family and Friends of Inmates, Omaha, Nebraska
Shaena Fazal, Director, Long‐Term Prisoner Policy Project, John Howard Association of Illinois
Brian J. Foley, Visiting Associate Professor of Law, Boston University School of Law
Human Rights Advocates, California
Human Rights Watch, New York
Individual parents, relatives, or friends of youth serving JLWOP sentences throughout the United States
Juvenile Justice Project of Louisiana
Juvenile Law Center, Philadelphia, Pennsylvania
Michelle Leighton, Director Human Rights Programs, University of San Francisco School of Law
NAACP, Legal Defense Fund, New York
National Center for Youth Law, Oakland, California
National Juvenile Justice Network, Washington, D.C.
Penal Reform International, Washington, D.C.
Pendulum Foundation, Colorado
The Sentencing Project, Washington, D.C.
Jeffrey Shook, Assistant Professor of Social Work and Law, University of Pittsburgh
Randolph N. Stone, Clinical Professor of Law, University of Chicago Law School
Rev. Bonnie Young, Kings Crossing Foundation, Colorado
Youth Advocacy Project, Massachusetts Committee for Public Counsel Services 
Youth Justice Coalition, Los Angeles

Fast for Our Future Begins October 15, 2008

"Talk is cheap. It's the way we organize and use our lives every day that tells what we believe in." —Cesar E. Chavez

Dear Friends in the Struggle for Human Rights,

I am inviting you to join the Fast for Our Future that will begin on October 15, 2008 in Los Angeles, three weeks before the November 4th presidential election. Many people will be fasting in an effort to mobilize our community to vote for immigrant rights.

According to The Rise Movement:

"On October 15th, over 100 people will begin one of the largest hunger strikes in American history to call on Latinos, immigrants, and people of conscience — the Immigrant Rights Movement—to rise out of our fear and vote for change.

The Fast for our Future will be based in a permanent encampment at La Placita Olvera, the historic heart of Los Angeles, and will continue until at least 1 million people have signed this Pledge [or the fast will end on November 4 — after 21 days — whichever occurs sooner]. Through our shared sacrifice and commitment we will renew our movement and inspire an historic mobilization of Latino, immigrant, and pro-immigrant rights voters.

We must remember the I.C.E. raids, those detained and deported, the families torn apart, the dreams deferred. We must remember the marches, the walkouts, the boycotts, and the promise we made: Hoy marchamos, mañana votamos. Yesterday we marched for our rights, today we vote."

"Fasters will give up all food and juice liquids. We will only drink water. The Fast will be based at an encampment at La Placita Olvera, the historic heart of Los Angeles. The encampment will be a visual representation of the size of the hunger strike. Fasters will sleep in tents and live at the encampment for the duration of the hunger strike. The Fast will continue until at least one million people have signed the Pledge to vote and take action for immigrant rights." (Source: http://tinyurl.com/4ykcgg

Please sign the Pledge and invite everyone else you know to do so by visiting http://tinyurl.com/4385qn The sooner we can register one million people to sign the Pledge the sooner the fast will end. However, we are fully prepared to fast the entire 21 days, if necessary.

I fully endorse this campaign on behalf of the Demand an End to the ICE Raids and the Inhumane Assaults on Immigrants, a Facebook group with over 3,200 members.

Even if you do not live in Los Angeles I am asking you to join the fasters in solidarity and support this historic effort. I will be personally participating in the fast and am hopeful that many others across the nation will join as well so we are united in spirit for this very important cause.

The lives and futures of millions of Latinos and other immigrants are at stake. Please answer this very important call to action and share this message with as many people as you can.

In Solidarity,

Efrén Paredes, Jr.
Administrator
Demand an End to the ICE Raids and the
Inhumane Assaults on Immigrants!
URL: http://tinyurl.com/55gach

Efrén Participates in First Making Strides Against Breast Cancer 5K Walk in Michigan Prison

by Velia Koppenhoefer

Saturday, October 4, 2008 Efrén participated in the first Making Strides Against Breast Cancer (hereafter "Making Strides) 5K walk held inside a Michigan prison. He also made a monetary donation to the cause. Making Strides representatives visited the prison and participated in the walk alongside Efrén and other prisoners who participated.

According to their web site, Making Strides is "more than just the name of an event." It goes on to say:

Making Strides Against Breast Cancer refers to the vital progress the American Cancer Society has made through research, education, advocacy, and patient services. It is the premier event to raise awareness and dollars to fight breast cancer.

Source: http://tinyurl.com/4otdal

Efrén was instrumental in helping raise over $674 for the event from the prisoner population. He reminded prisoners to make donations and also announced the event at the September 2008 monthly Latin American Spanish-Speaking Organization (LASSO) meeting he chairs.

According to the Jackson Citizen Patriot, the prisoners, "raised $674, which will be matched by the Michigan Braille Transcribing Fund." Michigan Braille Transcribing Fund is the corporation Efrén and other prisoners who participated in the walk is employed with.

At the conclusion of the walk Efrén and other participants were awarded certificates for their contributions to this very worthy cause. Efrén also encouraged other prisoners to participate in any future events sponsored by Making Strides.

After speaking with the Making Strides representatives that visited the prison about ways they could help increase prisoner participation and awareness about future events, Efrén is confident that will occur.

One thing Efrén never lacks is progressive ideas.

Paul Ciolino's Letter to the Editor

Dear Editor:

I read with interest the response of the Berrien County Prosecutor to the proposed commutation hearing for Efren Paredes, Jr. I would start by saying that the halls of justice are littered with the bodies of the wrongfully convicted, the wrongfully accused and of course the thousands of family members that stood by and got swept away in the national disgrace of prosecutorial and police misconduct. There are over 1,000 cases of this type that have occurred in the United States in the last twenty years. Is Berrien County immune from this phenomenon? I hardly think so.

The conviction of Paredes is classic. Take a hot button issue like the cold blooded murder of a well liked and respected local white businessman and mix with racial undertones, motivated informants, sloppy investigation and super aggressive prosecutors and police investigators and you get a wrongfully convicted person.

The classic fall back position is that we play the victim card. Trot out the widow, friends and neighbors of the victim and play to the sympathy and outrage of the community. The prosecutors want you to look at the widow and not the evidence.

The evidence would suggest that Paredes is innocent. The victim and the victims' family members are often sold this bill of goods and of course they adopt the prosecutor's position. Lost in all this is the ruined life of Efren and his family. Where is the outrage of the treatment of this family?

In the very near future there will be a public hearing that will allow people to speak on behalf Efren Paredes, Jr. The state has had its way for almost two decades in this matter. The fairy tale that has been promoted to the victim's family and the courts is going to be exposed.

All that Efren has ever asked for is an even playing field. That day is rapidly approaching.

Paul J. Ciolino
Paul J. Ciolino & Associates
Chicago, Illinois
Web Site: http://pjcinvestigations.com/paul-j-ciolino.htm

Dissatisfaction Brings About Change

"Our individual salvation depends on collective salvation. Thinking about yourself, fulfilling your immediate wants and needs, betrays a poverty of ambition. It's only when you hitch your wagon to something larger than yourself that you realize your true potential and discover the role you'll play in writing the next great chapter in America's story." —Barack Obama, Wesleyan University Commencement Address—

by Efrén Paredes, Jr.

This is an exciting time in American politics. After an arduous race for the Democratic presidential nomination the stage is now set for the presidential general election to soon begin.

Many new people have been registered to vote in the past several months across the country. It is a historic time that is reinvigorating the spirit of the electoral process in every demographic. While the nation has at times seemed polarized about the presumed presidential nominees, the citizens remain united about one issue — the desire to see change.

There are many lessons to be learned from this presidential race, particularly from Barack Obama.

A year ago Obama was not viewed as an electable presidential candidate by the majority of Americans. He was unknown to many people and his message and image were eclipsed by what many felt was Hillary Clinton's entitlement to become the Democratic presidential nominee.

All that has changed though. And, in many polls Obama now leads John McCain in the battle for the Oval Office.

Besides being attracted to Obama's message of positive change for the country, I am also impressed with his persistence and courage to not acquiesce to the enormous pressure he faced to not pursue the presidency.

Obama's willingness to use his life in the interest of public service is admirable. He could have chosen to use his knowledge and skills to create a flourishing corporation purely for self-gain. Instead, he has spent much of his life giving a voice to those who could not speak for themselves and brought to attention to deserving causes.

Throughout his life Obama has also worked to create change at the grassroots level. He understood early on that real and lasting change begins from the bottom up.

As citizens we have an obligation to steadfastly work to improve the quality of life for others around the USA. Failure to take an active role only serves to further erode the social fabric of our country and it fosters degeneracy.

A mark of a true leader is the refusal to allow people from robbing them of hope and vision even when all the odds are stacked against them. It takes a remarkable person to continue swimming against the current intended to drown them and still flourish.

Obama has proven people can be successful even by remaining true to themselves and others. He has sought to stave off disingenuous tactics in his campaign and instead replace it with integrity. It was a decision he made that many early on thought would lead to his political demise.

Becoming the first presidential candidate of color of a major political party is a major victory in our country's history. It was just 40 years ago that African-Americans were allowed to vote in the USA. The nation has evolved though, and so has the collective consciousness of its citizenry.

With the USA becoming an increasingly multiracial society the Obama story has even more relevance. It gives little boys and girls of color another strong reference point to relate to that reflects their innate potential. It also helps them develop positive self-image and confidence when they see leaders in their image.

If I were free I would cast the very first vote of my entire life in this November's historic presidential election. Having been imprisoned since age 15 I have never been afforded the opportunity to yet cast a vote.

Many people have taken their voting rights for granted. I know what it feels like to want to utilize that vote and not be allowed to. You can rest assured that when I do receive the opportunity one day I will not throw it away. Voting is a precious liberty I will take seriously.

It is Obama's model of change beginning at the grassroots level that has resulted in the kind of success that The Injustice Must End (TIME) Committee enjoys through the labor and energies we have, and continue to expend. Ordinary hardworking citizens dissatisfied with injustice have accomplished extraordinary things.

This wonderful group of people has been determined to end the inhumane treatment of an innocent person deprived of his freedom. In so doing they continue to decry the false notion that people are powerless to social injustice or that their voice can be stifled by inequity.

I have spent much of my time in captivity working in the service of others. I know from experience what a difference helping others can make when we care enough to try. The results endure and we leave a noble mark on the world for others to emulate. In short, through our actions we become the agents and catalyst for change all around us.

It all begins with the desire to see it manifest. Some way. Somehow.