January 20, 2015
Sent to us by the author, Brett Redmayne-Titley.
Within the forced anonymity of cold, hard concrete walls
and non-stop, overhead fluorescent lights, rap musician, Brandon, “Tiny
Doo,” Duncan remains in jail. It’s been almost six months. Duncan has
no criminal record and knows that he was not involved in any crime.
The San Diego City district attorney agrees.
However, a new fabricated crime, uniquely
reasoned , intends to incarcerate Duncan for at least twenty-five years.
Or the rest of his life. For this crime he is ostensibly guilty: music.
“Sorry to keep you waiting. That was good
news,” smiles attorney, Brian E. Watkins, as he leads the way from the
waiting room into his private downtown San Diego office. Closing the
door he continues, “That was the ACLU (American Civil Liberties Union).
They’re going to be filing an Amicus Brief in support of our case.” The
ACLU, thankfully, combined with the efforts of attorneys like Watkins,
has been the historical bastion of Constitutional reason, fighting civil
liberties violations effectively and aggressively for decades. They’re a
very big hitter and Watkins knows it. The implicit and far-reaching
issues of the Case of Brandon Duncan are quickly bringing others to
attention. Watkins considers this a, “test case.” The ACLU apparently
agrees.
Rightfully so.
“When I see this kind of injustice, I get fired
up.” In an exclusive interview, defense attorney for “Tiny Doo” Duncan,
Brian Watkins spoke about the injustice of the case against his client
and its far reaching, ominous implications.”This case is going to set a
huge precedent,” he continued. “That’s why this case is so important.”
In June of 2014, Brandon Duncan was just a guy
growing up and trying to make a legal living for himself, his girlfriend
Myra Arauz, her eleven year-old son, and their upcoming child, now
finally away from the tough, gang infested San Diego inner-city suburb
of Lincoln Park. Born in Lincoln Park, Duncan, like many of his friends,
had once been affiliated with the Lincoln Park Bloods, but he had left
all of that more than five years ago. Working a construction job laying
tile and taking classes related to his music at a local community
college, after getting away with his family to a better area of San
Diego, he was moving on to better times away from the streets.
Then more than a dozen San Diego City Police burst into Brandon Duncan’s home, far from Lincoln Park, guns drawn, sunglasses
glaring. He was arrested along with his equally innocent and pregnant
girl-friend. Both had no idea what crime they were accused of. The cops
were not saying.
Almost a year prior to his arrest, the Lincoln
Park Bloods had allegedly been raising hell again. According to police,
from May to July of 2013, members of the gang committed a series of
crimes including attempted murder. For some unknown reason SDPD had no
witnesses, weapons, or evidence to actually link all, or any, of the
crimes to the Lincoln Park Bloods. Nor, the many other Hispanic, Latino
and Asian gangs who also prowl the nights of San Diego causing 70% of
recorded gang related crime. However, when SDPD brought the hammer down
on gang violence, just fifteen African-American men were grabbed in one
coordinated raid. At the same moment that fourteen other alleged gang
members were looking down gun barrels, Tiny Doo Duncan was face down,
hands behind his back, handcuffs much too tight.
According to attorney Watkins, Duncan was first
added to the full list of gang defendants who were being charged with
multiple felonies including nine charges of premeditated attempted
murder. Before their arrest, or presentation of facts to a judge at the
arraignment, bail had already been set at $1 million for each. “Later
the District Attorney admitted there was no connection [ of Duncan] to
the crimes,” states Watkins. “In fact there is still no victim, no
witnesses… just some shell casings. That’s it.” Subsequently, despite
such a poor case the judge would only reduce Duncan’s bail to $500,000,
an apparently willful violation of the Eight Amendment due to the large
bail being, seemingly, punitive.” Absolutely it is!” affirmed Watkins.
So, Brandon, “Tiny Doo,” Duncan has been in the
Richard J. Donovan Correctional Facility for over six months. He is
linked to five charges of “Shooting at Inhabited Occupied Structure,
Penal Code sections 664/187/189 and 246,” only because of purported gang
affiliations, and a promo CD from before the alleged crime. With no
evidence, how, in America, is this possible? Answer: A combination of
unconstitutional violations that already victimizes thousands of
innocent Americans every year. A malicious prosecutor. A judge steeped
in America’s new irrational direction of criminal justice. An oppressive
bail.
And, Sect.182.5. If not for the prosecutor’s
unique legal application of a recent law, California Penal Code Section
182.5, Brandon Duncan would be walking free. “Exactly!”, affirmed
Watkins.
Making Music a Crime
SNIP
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