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- Representative Chris Carney: Keep standing up for us, not the insurance companies
- Representative Jason Altmire: Listen to us, not the insurance companies
- 9th Ward Democrats "WEAR"N OF THE GREEN" St. Patrick's Party Fundraiser this Friday Night
Will Seth Williams Help Stop the Wrongful Deportation of Julio Maldonado?
I've lived in Philly just over a year now, and for most of that time I've worked as a staff attorney for a local nonprofit helping immigrants and refugees stay in this country with their families. I have worked in the field for about three years and I've seen a lot of messed up things in that short time. Doing this work is a good way to develop a thick skin. But almost three months ago, I learned about a local case that made my jaw drop.
Julio Maldonado and his cousin Denis Calderon were victims of a racial attack in Northeast Philly in 1996. Julio had come to the U.S. at the age of three from Peru and had been a lawful permanent resident since age seven. He lived in New York and was visiting Denis's home in Philly. Denis's family was the first Latin@ family in the neighborhood.
Despite being the victims of an attack by 15-20 drunken white youth, and with physical evidence at the scene including knives used to stab Denis, Julio and Denis were the only ones charged. One attacker, 18-year-old Christian Saladino, tragically fell into a coma and later died. It turned out later that he suffered from a rare blood clotting condition that, in the excitement of the attack, likely led to his physical reaction. A forensic pathologist testified at the murder trial that it was physically impossible for Saladino's reaction to have been caused by a blow from Julio or Denis. Based in part on this evidence and contradictions from the prosecution's witnesses, the jury acquitted the cousins of murder.
Unfortunately, by then the damage had been done, as a young prosecutor named Seth Williams had already secured a conviction for both Denis and Julio on aggravated assault charges in an earlier hearing. The convicting judge in that case, Judge Gregory Smith, had originally said that he saw both sides of the case, but couldn't figure out how Saladino could have fallen into a coma if Julio or Denis hadn't struck him. After the murder trial, Judge Smith vacated his own verdict after an evidentiary rehearing in which the forensic pathologist from the murder trial testified. But the criminal appeals process was unforgiving, and the DA appealed and won, making the aggravated assault convictions stick. As you probably know, Seth Williams is the likely next DA of Philadelphia, having won the Democratic nomination earlier this year.
So why am I writing about a case that happened so long ago? This is only a story today because of an immigration law, coincidentally also passed in 1996, that imposed severe immigration consequences for an aggravated assault conviction: permanent deportation with no defense. Julio and Denis have spent nearly the last five years in prison for "failing to cooperate in their own removal" because their families begged them to have faith in the system and not to give up.
So the men were first victims of a racial attack, second wrongfully convicted after a biased investigation in which none of the attackers were charged, and third are now being deported by the government that failed them twice already. The pleas of their large U.S. citizen extended family have gone unheard by decisionmakers. Denis's U.S. citizen wife and child will live without a father and a husband. Julio has never known another home besides this country.
I can say from my work that this case is extraordinary in many ways, but the one thing that doesn't surprise me is the reaction of our bureaucrats and elected officials. This case is representative of the low regard in which state, local, and federal government holds Latin@s in the U.S. today. The reaction so far of the Department of Homeland Security and our local politicians stems from the same prejudices that lead the Philly Police Department to target Latin@ immigrants on the basis of race alone inside our city and turn them over to Immigration Customs Enforcement (ICE) without making criminal arrests. This is happening here on a daily basis.
Julio's family has been told he will be deported tomorrow, Friday, October 23. He has had two other recent dates when the family thought he would be deported: September 12 and October 9. Through the efforts of family and supporters, he has remained here. However, DHS has this week moved him to Jena, Louisiana, in preparation for removal, and the family has been told Friday is the new date.
Philadelphia Tribune columnist Linn Washington wrote about the case yesterday on Counterpunch. Milena Velis covered the story in the Spanish-language local Al Dia last month.
There is an extensive list on the family's website of coverage in the blogosphere. But so far, the local English language papers have ignored the case except to give the prosecutors' version of the story.
Maria Rolon, Julio and Denis's cousin, has worked tirelessly to stop the injustice of permanent exile that these men face. Tuesday night, she spoke to Seth Williams at a campaign event and pleaded with him to ask Thomas Decker, District Director of the Philadelphia office of ICE, to put a hold on Julio's deportation until Governor Rendell can review a pending pardon request. Williams agreed to do what he could. But time is short, and the situation is dire. Williams recently challenged his opponent in the election for DA for not being sufficiently aware of or concerned with racial issues in Philly. Now Williams has a singular opportunity to back up that challenge by doing the right thing in a case that has been plagued by questions of anti-Latin@ bias from the very start.
Will Seth Williams take action to undo this injustice before it is too late? Will you email or call his campaign ((215) 587-0345) to ask him to act? Many people will be watching to see how this case is resolved.


Seth - a champion for justice or guilty of one more injustice?
Seth,
Thank you for taking the time to hear me @ St. Williams on Tues. night. Below is a summary of our discussion and what we need to do so that you can go on to your business at hand. I am sure your supporters would prefer to hear about your Progressive ideas instead of our case of hate & injustice although there are so many issues in this case that go against what many of the bloggers on this site dedicate their lives to correct. If there are any misstatements, my apologies but please let me know.
The Evidence and Innocence:
You stated there was plenty of evidence that Saladino was hit in the skull because there was “hemorrhage in the Medulla Oblangata”.
The CAUSE of this hemorrhage, known as “Subarachnoid Hemorrhage” was never identified. Neuro Specialist Dr. DiPasquale stated that while NOT an expert in the field, some of the causes could be:
• Aneurysm; which Saladino did NOT have
• A blow to the head/neck; but medical records (MRIs, CATs, etc) proved NO trauma was ever found anywhere in Saladino’s head or body.
• a stroke (or when a person is excitable and the areas that supply the flow of blood are blocked by plaque); Dr. was not comfortable going on with this
Doctor also confirmed that if Saladino had been hit in the head with a bat and/or club she would expect trauma of some sort; again, something that was never found.
You insisted there was sufficient evidence and they were found “guilty”
Agreed - If you call the testimony of 2 girls, 400 ft. away from the scene that “lied” by stating they saw Denis and Julio beat Saladino down with a bat and club evidence, then I can’t argue with you, however medical physical evidence clearly proved that could not have been the case ever. You said at least “we agree to disagree”, but honestly… I call this an error in judgment, just like Judge Smith realized after hearing a real medical expert, Forensic Pathologist Dr. Hofman when he opined Saladino’s pre-existing blood coagulation condition (Factor VII deficiency) mixed with alcohol (which he had) and excitement from being part of the attack could have been the cause of Saladino’s demise. Today a higher incidence of cases and further proof exists in the relationship of Factor VII and Subarachnoid. SEE http://stroke.ahajournals.org/cgi/content/abstract/25/2/508
This is why this is such an injustice. It is not reasonable doubt; it is innocence without a doubt. I challenge any Philadelphia lawyer or Judge to review Denis and Julio’s entire case history and find either of them guilty.
We then discussed the appeal submitted by the DA’s office after Judge Smith acknowledged his error; vacated the charges and granted Denis and Julio a new trial.
I was happy to hear that you said you were NOT aware that this had happened and that after January you would be willing to review the case and help where possible. I thanked you and said that for the Governor’s Pardon we will need all your support, but more urgently we need your HELP now, because Julio is scheduled for deportation any minute. I asked you to consider this the highest priority – I hope you have.
You insisted you had no authority and I don’t argue, however you are probably the one and only person that could convince DHS PA Director Thomas Decker to hold off the deportation decision until the Governor’s Pardon is completed. In the name of Justice; in the name of real Justice. Decker has the authority to postpone deportation since we have submitted a “Deferred Action” request. He has the right to execute favorably using prosecutorial discretion; given sufficient reason such as irreparable damage to citizens or life. In this case we are talking about Julio, his family and supporters. If Julio gets deported, the cruelest injustice has been done to an innocent man.
I spoke to your assistant – Jessica and she offered to call ICE. I informed her that there was too much at stake and only you could have the impact to ensure it’s success. I am sorry Mr. Williams, but desperate times, call for desperate measures. You know we’ve reached out for years. This year alone I made at least 20+ trips in hope of meeting with you after a debate or a public function, but it seems that the minute you knew I was there, you would go amiss. Perhaps a coincidence I do not know. However, I do know that every person (media, your supporters) that reached out to you earlier this year on my behalf would come back saying you had nothing to say, but I had hope that when we met you would listen and realize that you COULD do something to help.
You’ve said you believe in second chances, so do I – Let’s give Justice a second chance. We are brothers and sisters that should look beyond our personal immediate needs and do what’s right for true and equal justice. You had responsibility in this “most memorable” case and Denis and Julio have really suffered enough - Ya Basta!
Thank You
Maria.
A shameful case - Thanks for the update, Maria
The treatment of your cousins is an outrage, and Seth Williams must deal with this fairly today, or else his stated desire to reform the DA office for the better cannot be trusted.
this is just disgusting
seth williams has definitely lost my vote. why he woudn't accept the forensic pathologists testimony after the trial judge did is beyond me.i wonder what his supporters on this sight have to say about this case.ultimately i'm sure he'll win anyway but i'm glad i find out about this before i voted for him