OAKLAND, CA — Judge Thomas Stevens this week refused to strike the five year conviction for a man – who has spent more than 28 years in jail because of a robbery – at a hearing in Alameda County Superior Court’s Rene C. Davidson Courthouse.
Despite the accused’s rehabilitation and explanations for his gang affiliation, Judge Stevens maintained the conviction, although striking many of the accused’s one-year prior convictions and agreeing that he served a long time for a robbery case.
The judge stated the accused is not compliant with rules even in a controlled environment, referring to his 16 Rule Violation Reports in the past eight years and high classification score.
Deputy District Attorney Kwizuan Hart Maloof argued only the one-year prior convictions should be lifted because the DDA believed the accused would be a public safety concern with his history of rule violations.
Speaking on behalf of the accused, Deputy Public Defender Loren Williams said there were explanations for the disciplinary concerns, and that while the accused was involved with gangs, coercion played a factor as well as violence inflicted on him when he tried to leave the gangs.
Explaining that many of the prison violations were a result of the accused’s prison gang involvement and the difficulty he faced when attempting to leave, the DPD clarified the accused has no intention of rejoining the Black Guerrilla Family [BGF] prison gang.
The accused asked to speak from a medical center that he joined the call from, explaining his behavior and acknowledging it was wrong. Elaborating on his affiliation with the BGF, the accused said “I’ve done nothing but good” since he backed away from the organization.
About the fights he was caught participating in, the accused clarified they were the result of his refusal to participate in gang activities. The accused advocated for himself and the changes he made to his behavior since being incarcerated.
“Would I ever do that again? Absolutely not, because I’m not under the influence of drugs,” said the accused, who also spoke about the prosperity that lies for him outside of prison, including a job, housing and a family.
“I have a relationship with my family now because they see that I’m doing good,” the accused said to Judge Stevens.
After hearing the accused’s explanation for himself and the improvements he has made, Judge Stevens stated he has “never seen a case with this many rule violations.”
Judge Stevens encouraged the accused to continue the work he put into bettering himself, implying it might be possible that he may have his five-year prior struck before 2027 if he maintains his good behavior.
