When Justice Fails..., Taking a Second Look at Justice In Oakland California

There is a case now winding its way through the courts, involving a young man, who died after a beating by Police in Oakland California. Oakland is a City under siege by criminals, and (it would appear), by the Police Department. The young man's name is Jerry Amaro, and he was Thirty-Five years old when he died. His death is attributed to Oakland Police Officers, and The City is facing a suit by his mother.[1] The Officers involved were Brian Madeiras and Gus Galindo, both of whom have a long history with the Oakland Police Department. Sometimes it is hard to tell who the real criminals are in the City by the Bay. My dealings with them came about when my son came under their Scrutiny.

It seems like just yesterday, but it was in 2001, when Officer Gus Galindo and Sergeant Brian Madeiras, came to my door with a Swat Team. They were looking for my youngest son, who was Thirty-Five at the time. They banged on my door, and as I opened it, an arm came through, holding a copy of a search warrant. As they barged into my home, I asked them what they wanted, and they just looked at me. One Officer unplugged my Computer and carted it out, without a word. Another went through my closet and took clothes out. Still another went into the spare bedroom and went through the closets and drawers there. At one point Four White Police Officers (I am African American) surrounded me on all sides.

My thoughts were that there were no witnesses, and they could kill me. One of the Officers told me to stop moving, and I told him that I had food on the stove. He grudgingly moved so I could take the food off the burner. After they went through my apartment, Sergeant Madeiras came in and started questioning me. When he showed me his card, my heart sank, as I read the words, “Sergeant of Homicide.” I did not know who was dead, and after that, everything was surreal. After questioning me, they must have figured that I did not know anything and left, without a word.

They did not toss my apartment, but they tore up the apartment where my son lived. They cut the boys mattresses, tore their bunk beds apart, turned the furniture over and broke toys. It looked like a hurricane had hit the place. The police went to my twelve-year-old grandson’s school, took him out of class and held him in a squad car questioning him, without a parent. In the meantime, his mother was at the police station shackled to the floor, where she remained for about eighteen hours. Even though she had nothing to do with what happened, and was not present during the incident.

I went to my sister’s house and we started making calls, and found out what was going on. My youngest son had been involved in an altercation, which resulted in the death of an innocent bystander. Now the search was on to find my son, and make sure that he was okay. The police stated that they had an All Points Bulletin for him, stating that he was armed and dangerous. That meant that any law enforcement officer could kill him on sight, no questions asked. When I heard from my son, he was in a Motel contemplating suicide. He was despondent about the man who had died, and knew the Police were after him. He told me that he knew the man, and had seen him in the bar that night. He said he shoot the Gang Leader in the foot, to stop him from shooting at him.

He did not want to turn himself in, but I told him he had to do the right thing. I also told him we would arrange a safe surrender for him. We found an attorney and arranged for him to surrender to the Police. Before the incident, I remember my son being happy that the rainy season was almost over so he could return to work on the Bay Bridge. He was a member of the Carpenters' Union, and worked as a Pile Driver on Bridges.

Following is a version of events, as I understand them:
My son was friendly with the owners of the Martinique a bar in East Oakland. He meant them in my complex while apartment setting for me. The bar was just a small neighborhood place that attracted an older crowd. Many years ago, we participated in events, like Bus Trips to Reno, and meet at the Martinique. My son stated that there was a gang of young men who stood in front of the bar taunting patrons. I believe the situation escalated when my son approached the one of the gang members, and tried to reason with them. He then became the target of the self-appointed leader of the gang.

He said that the young man would call him names, like OG, and got in his face a few times. We believe (in hindsight), that he shot out the back window of my vehicle, when it was parked by the Martinique. On the night of the incident, the young man approached my son in the bar, and gestured for him to go outside. They went outside and the young man pulled out a gun, and shot at my son, who also had a gun. According to my son, he said, “I got something for you.” My son shot the young man in his foot, one time, before running away. The neighbors who came on the scene said there were shell casings all over the ground. The Police who headed the investigated the incident were Sergeant Madeiras and Officer Gus Galindo. Their investigation was not much different from the botched investigation of Mark Furman, in the OJ Simpson Trial. However, there were no cameras, high priced attorneys, or audience to bear witness.

According to witnesses, and the court transcripts, my son and the young men were not the only ones shooting that night. There is witness testimony that gun shells littered the ground, and the OPD saw them. Witnesses testified to seeing four or five people running from the scene. By the time my son got to trial, we were harassed and stressed out. I was trying to help my grandchildren deal with their trauma, and support my son. I do not believe the bullet from my son's gun killed the bystander. Officer Madeiras, built a case around my son, and told him that his bullet ricocheted and killed the victim. It is physically impossible for a bullet to ricochet and hit someone in the chest. The bullet went into the young mans' foot, and hit the sidewalk. It would have bounced straight up, and not go in a straight line, as they inferred.

Sergeant Madeiras, Officer Galindo, and the team that testified against my son stated he was the only one shooting. Yet witnesses testified they heard volley’s of gunshots and saw more than four shell casings at the scene. Those witnesses were not called to testify at my son’s trial. The Police also swabbed the young man’s hand to see if there was gun shot residue. We have yet to see those results, because they turned that young man into a victim.

The DA wanted my son's girlfriend to testify against him, and coerced her. She was so terrified that she left the area until after the trial. They told her they would arrest her and she would lose her children unless she testified. By the time of my son’s trial, we knew he was being railroaded. The Oakland Tribune came out against my son, and refused to print any statements from his family. They did not state that he was employed, or anything positive about him, or his life. Instead they referred to him as a Gang Member, and Drug Dealer. They lied to the victims’ family by saying that he did not work. The other young man had been given blanket immunity to testify against my son. In fact, he was on parole in Madera County, and was not supposed to be in Oakland that night.

The Alameda County DA went to Madera County on the young man’s behalf and he was released into their custody. While he was out, under, "Blanket Immunity" this young man could do no wrong. He assaulted his wife, pistol whipped someone, and robbed a store, and each time no charges were filed. The crimes he committed were in Oakland, and the Courts continued to excuse him. My belief is that the police were protecting this young man because he was a snitch for them, and not just, so that he would testify against my son.

The Judge trying my son, knew the victim, who had been a juror on a Death Penalty case, he presided over. We made the mistake of getting an attorney, without checking with the bar association. We did not know that the Bar Association had just reinstated this attorney. The attorney's father was a retired Alameda County Judge, and a friend of the Judge trying my son. We did not know this until after my son’s trial, and looked up his record. Half way through the trial, he called me and said he needed more money. I told him to petition the court because I had no money to give him. My son had previously petitioned the court, and they never responded.

I remember my son calling and telling me he was going to take the stand, and I told him not to. He had been in trouble when he was eighteen, and I knew they would bring it up. His attorney talked him into taking the stand, and most of the questions they asked were about his Juvenile record. They made him out to be a gang member (at thirty-four years old), and a drug dealer (my son is a Carpenter). They said that he showed up that night to kill the young man, but my son said the Gang was not there Weekend. If he were there to kill the young man, he would not have shot him in the foot. The people they tried to coerce into testifying against my son did not show up. The only testimony against him was from the Oakland Police Officers, and they lied. The young man who started the entire incident committed perjury three times, on the stand, but the judge did not charge him.

The State Appeals Court did not reverse the conviction, but said that his, “Right to A Fair Trial” was violated. There was no jury of my son’s peers, as they were all white. I do not believe all Police are bad, but the ones that are create havoc in the community. My son’s case is before the Ninth Circuit Court of Appeal (which is why I did not mention names). In the meantime, my Grandsons have grown up without their father. Their income dropped by 70% when he was arrested, and they have gone through a lot of emotional trauma. I went to my son's sentencing and meant the family of the man who was killed. I truly feel bad for his wife, and loved ones for their lose.

They understood us supporting my son, and I expressed my sadness at their loss. The DA convinced them that my son was the one responsible for the death of their loved one. My belief is that they do not have justice, and neither does their loved one. What sent chills up my spine is my Grandson telling me that he saw, Officer Galindo, and he made a gun sign with his hand, and pointed it at him. Now who is the Thug!!

It was not that long ago that Chief Darryl Gates and his men terrorized Minority Neighborhoods. They operated for years and caused as much turmoil as the thugs on the streets. We have learned nothing from the Riots in Los Angeles. My Son’s Girlfriend told me that when she went to court, they told her, “You Are in Our House Now.” I told her that the courts belong to the taxpayers, and not the employees. If anything, she deserved respect as a hard-working, taxpaying citizen. Yet for my son, it is justice denied, as the years tick by and we wait for the courts to decide his fate…,

[1] Lee, Henry K., Oakland cops 'stonewalled' beating case, San Francisco Chronicle, February 25, 2010