You said:

You have an argument you sincerely support about how system of justice, despite its checks and ballances, was wrong in your opinion in those convictions. Overall the relevancy of the argument at most relates to a philosophy about what ends we should go to for "do-overs" when defense attorneys don't present the strongest case possible. That's fine.

I'm curious as to your assumption of the good faith of the DA's office and your willingness to place the burden of proving innocence on the defense. I don't know whether that is in line with the views of most people on YPP--from what I've read, there has been a lot of dissatisfaction here with the way the DA's office has acted in the past. Seth Williams is supposed to be working to change all that, is the idea I get from reading the other blog posts about his candidacy. I am suggesting that readers not exempt from scrutiny every case that Williams worked on, and that the faith that he will actually change the way things are done might be misplaced given his history on this case.

I wonder what your view is on the work of the Innocence Project and other efforts to use DNA evidence to reopen old cases where innocent people were convicted in often racially-motivated investigations. Your arguments above suggest that those efforts are misplaced, that families of the innocent should just accept the hand they've been dealt.

The other big problem with absolving the DA's office is the elephant in the room: Why were none of the attackers charged with any crime? Where was the law enforcement investigation of the stabbing of Denis and the racial slurs used by the attackers? Why was the violent intimidation of potential defense witnesses never investigated? Those are the rightful tasks of law enforcement--to enforce the law when it has been broken.

Why was this racially-motivated attack never investigated? I think this is a fair question to ask Williams, who promises to turn the page on the sordid racial past of Philly law enforcement. It's not so easy, though, to turn the page on a case in which he was so directly involved.

If he wants to blame it all on Lynne Abraham, that's fine. But he should at least acknowledge that something went wrong. Right now, to avoid embarrassment, he has told the family at public events that he will "look into it," then does nothing once he is out of the spotlight.

Williams' position is that what's done is done, that he has no control over the immigration system. DHS's position is that they are bound to honor the result of the criminal system, that their hands are tied. So where would you recommend this family look for justice, if everyone's hands are tied? Your argument is essentially "tough luck, there's nothing to be done." I don't think that is acceptable in a case like this where the victims of a racial attack are the ones punished by the system, where their U.S. citizen family members are ignored by decisionmakers, where no one who is supposed to be upholding justice is interested in getting involved.

You said:

You may feel the overall justice system is tipped unfairly towards prosecutors but the implication that Williams was somehow motivated by anti-immigrant sentiment does not reflect well on your otherwise very well presented account of the case.

What, though, does Williams have to say today, right now, to the families of Denis and Julio? In public, he has words of condolence. But he hasn't yet done anything to follow up. If Williams truly believes there was no injustice done in this case, that the DA's office was right to appeal Judge Smith's decision, and that these men should be deported, then he should just stick to that story. But that's not what he's done. He says one thing to the family and another thing to everyone else.

The immigration aspect of this case is unavoidable. If deportation weren't on the table, the men would now be free and would be justifiably upset about being wrongfully convicted, but would have moved on and left that chapter of their lives behind. But that is not an option because of the immigration consequences of the conviction. And the questions about the biased nature of the investigation and prosecution remain. If Williams wasn't motivated by anti-immigrant or anti-Latino sentiment--or if he didn't implicitly agree to look the other way when police and prosecutors who were motivated by that sentiment pursued a biased investigation--then what was this all about?

Again, if Williams has a consistent defense of his actions, then we would all like to hear it.

You said:

Saladino was put into a coma and later died as a result of the altercation. Saladino's family firmly believe their son would be alive today if not for Madonado and Calderon's actions.

I don't deny the tragedy that the Saladinos experienced--no family should have to go through that. However, the fact remains that Saladino was one of the attackers and that Julio and Denis did not put him into that coma. The only two finders of fact--the jury in the murder trial and Judge Smith--were persuaded by Dr. Hofman's testimony that Saladino was not injured by any external force.

If Williams or the Saladinos have another point of view, if they have other record evidence that isn't on Julio's family's website already (transcripts from the hearings), they are welcome to bring it forward. Maria Rolon, Julio's cousin, has issued a standing challenge to any lawyer in the city to demonstrate, based on the available record, that Julio and Denis were actually culpable of the charges they were convicted of. Seth actually did respond at one point, but didn't follow up after Maria rebutted each of his points in detail.

I wonder whether readers find his short response persuasive in light of all the other arguments Julio's supporters have presented. I have to say that I don't, and I hope he will attempt to answer some of the questions that have been raised about this case.

Dave Bennion

… and if I may add this to reiterate or as a refresher of points…

(Mr. Luigi) You are right. You do not know what happened, for to know it in details and to then say there wasn’t an unpunished “hate crime” or not a “wrongful conviction” or that Seth is not responsible for the injustice towards Denis and Julio that led to “deportation” is not just preposterous, but shameful and an insult in the name of justice for all and in particular to immigrants.

Judge Smith had 3 roles including fact finder. As such, he provided full details on why he “truly” believed beyond a shadow of a doubt that Denis and Julio hit Saladino. He didn’t believe the Commonwealth’s doctor because by her own admittance she was not an “expert”. Instead Judge Smith believed the two witnesses; 400 ft away that stated Saladino was hit by Denis and Julio multiple times with a bat and club, except he says he believes he was only hit once by each of them, but not with malice, just the wrong guy.

Yet in the evidentiary hearing, when Forensic Pathologist Dr. Hofman explained after an excruciating interrogation that “… it was physically and scientifically impossible for these individuals to have committed any act of assault against Mr. Saladino’s person”
Judge Smith realized how this “expert” evidence would have rebutted testimonies from the Commonwealth’s witness and how it would have corroborated with Denis and Julio’s testimony and claim of self defense; hence he vacated his conviction.. Even the trial defense lawyers (when defending themselves against “insufficient counsel”) told Judge Smith it was “he” that made the mistake, because Dr. DiPasquale said the same thing.

Oddity is that this very same “point” was used against Denis and Julio when the Superior Court decided the defense lawyers were not obligated to bring in “expert” testimony because (again) the Commonwealth’s witness said the same thing. But again, that is the point – Judge Smith never saw Dr. DiPasquale as an “expert” and Judge Smith’s decision was based on his belief that a “hit” actually took place even if the “non-expert” said no proof was found. The fact that the DA’s office was able to convince the Superior Court that Denis and Julio admitted and were proven to having hit Saladino was also an error and an outright lie. Since then, this case has not been reviewed in whole (except for the Habeas Corpus which did not state the evidence did not demonstrate their actual innocence but denied their petition strictly based on time limits – injustice again)

Unlike a jury, as Trier of fact, Judge Smith explains the reasoning for his verdicts. No one better than he, understands why initially he found them guilty and then why he decided to reverse it. The Judge and the prosecutors put Dr. Hofman through the ringer, but at the end, the Judge was convinced an error occurred. If we trusted him as fact finder, why can’t we trust he realized he made a mistake and wanted to give justice another chance?

So when you state that “Saladino was put into a coma…” you Sir, are very much wrong. Eyewitness “false” testimony is one of the leading factors of wrongful convictions. Did you know the witnesses were not even able to identify them in a lineup? However, Denis and Julio never denied they were there or that Julio swung towards the man stabbing Denis (barely brushing his shoulder). Police, Prosecutors (who are protected from wrongfulness) and Judicial misconduct (willfully or negligibly) is another cause for these many WC’s. People make mistakes, people lie – even to themselves. DNA, Fingerprints and medical records are physical evidence that can not be denied. So when you say “… and later died as result of this altercation”, know that a Jury of 12 who did hear the facts also do not agree with you (as Judge Smith also reminded the Saladino’s in 2004)

You say, Seth has no fault in this injustice, yet perhaps the most influencing factor was Seth’s theatrics as his tears rolled down while describing Saladino’s condition and as he wheeled him in a gurney making a grand entrance on the basis that he had a right to face the defendants (even though he was in a coma). This action alone was much more effective (as a way to prejudice the court) than the pictures he wanted to initially bring in as evidence but was forbidden. After all, at a “go back to jail” hearing, the Judge called the sight “riveting” and referenced it’s impact with sorrow and remorse, since by then he knew Denis and Julio never hit Saladino and based on this, he granted Denis his request.

No doctor ever determined what really happened to Christian Saladino. There is record that his friends said “he was hit in the head” but physically no trace was ever found. Remember this was a bat and club. The only probable reason that has thus far been identified (though without much weight) is Christian’s pre-existing blood coagulation condition (Factor VII deficiency) that when mixed with alcohol and the excitement of the “attack” (and perhaps even drugs) may have caused a spontaneous Subarachnoid Hemorrhage. Today, a bit more of this cause and effect is known and perhaps our next step should be DNA and additional medical expert review – but then again, is going through all that worth the pain and tax payer expense when twice it’s been proven that Denis and Julio were not responsible for whatever happened at that split second that Julio swung the club (brushing his shoulder I may add). Julio was not irresponsible; he was trying to save Denis from getting continually stabbed and getting beat up by those holding him down.

Was Saladino an innocent bystander? Why was he so adamant to go to where the “attack” was taking place that he even pushed aside Townsend, who he was speaking to, minutes before he went in front of Denis’ home? Why did Boemer say Saladino was with the guys who were part of the attack? Why wasn’t Saladino convicted 2 yrs earlier with the aggravated assault and like (Denis and Julio’s) many other charges when he beat up another guy? How is a person a peacemaker if he threatened a cop with a gun after punching him? Why weren't the "knives" ran for prints or the T-Shirt for DNA? Why did Seth allow for such a botched investigation? Why did Saladino have questionable “racist” tattoos if he was not one? Why was Saladino allowed to drink and take part in violence if he had Factor VII? Why didn’t the defense know that he had Factor VII? It was discovered when Dr. Hofman reviewed the case. Is it ok to have innocent people convicted just because no one can explain what really happened to Saladino? Is it ok to assume Denis and Julio did nothing to avoid a worst situation? They had a bat and club yet no one was hit, and they didn’t even try to – all they did was keep the attackers away from them until the police arrived.

People's safety is dependent on the efforts to combat crime by the DA's office. Keep offenders off the streets and protect the innocent, the victims. Community Based Prosecution is a promise to fighting crime, but how can it be trusted when it is a known fact that Seth sided with the wrong side of the community by protecting racists and did nothing to protect the neighbors that cried out for help as their windows were being broken, gunshots taken at their store and families threatened with more violence. I have recently contacted a former neighbor who is still angry the police and DA ignored all his pleas for help and protection, ultimately forcing him to move out of the neighborhood.

I realize, that Seth is a winner here but if nothing is done in this case, then how could anyone expect any different when he takes office? Isn’t one of the purposes of this blog to enable political checks and balances by the people and to give voice to those who can’t? “Injustice anywhere is a threat to justice everywhere” MLK – is that just a chant?

You could choose to ignore it, but is that a double standard? I do know many of you have openly criticized Dobbs, Arpio and even Shenandoah’s prosecutor who tried to ignore Luis Ramirez was a victim of a hate crime and who were outraged all the racist got was “simple assault” and boy was there proof otherwise. Is the answer for Latino immigrants always DEATH or DEPORTATION? Is it fair to question why Seth is still very close friends to the Saladino’s to the point that they attended his celebration party? I could repeat the many other questionable things I know– but that is not what this is about. So people, don’t let Seth’s hype blind your good judgment or muffle your voice.

Wrongful convictions are on the rise. Even the Supreme Court has been proven wrong when we executed an innocent man that was later exonerated through DNA. Until our CJS and Forensics improves, the “death penalty” should be abolished (as recently suggested in a Judiciary hearing about WC’s). We can’t have it both ways. We can’t go around saying we want justice and accept the innocent who are locked up as a “casualty”. Our legal system was founded on innocence until proven guilty and that my friend is what this is all about. Twice, Denis and Julio proved their innocence in front of Judges – why should a technicality allow this injustice to go on? Self defense is self defense against any type of charge and the fact that no trace of trauma was ever found should be enough. Why can’t Seth step up and take leadership just as Dallas DA Craig Watkins has, especially now that Temple has an Innocence Project ? Improving the process to lock up the real guilty is what may help Philadelphia in the long run, but start the process now. Soon (though already one year overdue) the PA Senate Commission on Wrongful Convictions will provide the results of their study and recommendations.

And oh yes, you’re right – the Saladino’s suffered a loss no parent should have. But so have the parents, siblings, spouses and children of Denis and Julio. They may be alive, but they are also innocently paying for the mistakes the Philadelphia Criminal Justice System made and worst, for the draconian Immigration laws that have punished them so wrongfully, when prior to all of this, they were lawful permanent residents since infants. Ironically they are 42 (just like Seth). Do you realize how wrong it is to be helpless against injustice – especially when one hears Seth talk about second chances?

When will Seth come forth? If he’s going to be a great DA and your votes were decided on his judgment and vision, then where’s the beef? Election time is over and reviewing the case should not take him too long or away from his other more important chores. Everyday he ignores this is another slap in the face to those that demand justice for all.

Thank you
http://DenisAndJulioAndFaith.com

Answers? this is what Seth would reply-

This is an old case- if my memory serves me correctly the commonwealth vs.Calderon and Maldonado. This case was based on two individuals who stuck a young man Saladino and caused him his life. The facts are this young man was an innocent bystander and simply didn't deserve this attack. Then he probably would throw some statistics about how he would improve on having attorneys work closely with the police districts at crime scenes to avoid here say testimonies. Cause really the only thing that caused these convictions were false witness testimonies by two young girls. And then throw more statistics on gun law and how Philadelphia crime level will decease...then offer to contact him if we had any other concerns and he would be happy to help.

Which he has been avoiding our calls and hasn't responded.

Seth were we in the same court room?

How can the same elements used in an assault case and homicide case have a different outcome in the decision of the courts? Thus, convicted of assault but not for the murder- don't you need to commit assault to cause a homicide.

Seth claims there was no such evidence of any documents of Christian Saladino's medical conditions and his autopsy (Dr. Hoffman)demonstrating there was no physical evidence of external injuries to any part of his body. When in fact there is. Is this his way of avoiding the case when questioned?

One thing that remains true is that no one- not even Judge smith knows what happened to this young man? There is testimony that on the same day he was drinking beer and smoking marijuana. The only conclusion or logic explanation for what happened is that he was highly intoxicated both with alcohol and an uncontrolled substance (marijuana) and it some how the kaos of the riot and thrown bottles might of caused him to just clapse. I think experts would agree. Evidence show he had a high level, above normal alcohol in his blood. There was never a drug test done. How that happened? Maybe there was a drug test done but never brought to court (with holding evidence, what is another tactic that Seth used in the case besides his grammy award performance of tearing up in court during the closing argument) is another error caused by either our lawyers, investigators or the DA. This is just one of the errors done that lead to this wrongful conviction. No one looked into it or it was ignored.

Never the less, the cousins were ripped from there lives and family. And it doesn't matter cause what I see the courts needed someone to blame for Saladinos injuries and they chose wrong. The courts are made by people, they make mistakes to. I think it's time someone takes responsibility and own up to it.

How many other wrongly accused cases are there? Are high profile cases the only cases that get looked into?

Or was this an exchanged favor done by the DA and the Judge? No one wants to talk about what happens behind closed doors. We didn't have a chance with all this going on. But the evidence speaks for itself, how can it be unnoticed?

Denis and Julio were guilty till proven innocent- unconstitutional I'll say-