| Save Our Rose!! And help save our son! Support Brendon Rose and join the march for justice! |
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Today is May 15th, 2004. I sit on my son's bedroom floor looking at his pictures, posters and smelling his clothes, with tears that have not stopped since last Monday, May l0th 2004. That was when a Santa Clara County Judge sentenced our incredible 20-year-old son to 8 years in State Prison for protecting and defending his twin brother. Brendon's identical twin brother was being beat-up and outnumbered in an out-of-control college brawl. A night that started out with visiting college buddies ended in a college brawl of chaotic proportions; a fight that they neither started nor desired. Brendon's twin brother was being attacked and beaten by several individuals. In great fear for his brother, Brendon entered the fray and pulled one of the assailants off. According to the report, Brendon punched the assailant and the assailant fell to the ground. Again, according to the report, in the heat of the moment, Brendon Kicked him, unfortunately in the head. Sadly, the young man was seriously injured, but thankfully, he has made a full recovery. Our family has been living a nightmare since this all began on March 22nd, 2003, and it will now continue for the next 8 years.
Our family hired and trusted an attorney whose incompetence and poor advice were deplorable. This attorney suggested that my son plead "no contest" to the cases assault charges in lieu of a trial - assuring us that this was the best way to keep our son from State Prison. He warned us of the alternative, stating, "If we go to trial and your son is convicted, I will guarantee that the judge will sentence him to State Prison". As a result, Brendon pleaded "no contest". On May 10th, 2004, which was the date of the sentencing hearing, our family and a room full of adults who gave up a day of work, spoke of Brendon's impeccable character. The local high school vice-principal, a police officer, the fire battalion chief, coaches, teachers, a licensed clinical psychologist, and others whose lives have been touched by Brendon, all attended to support him. Countless letters were also forwarded to the court on Brendon's behalf. To our shock and horror, the judge sentenced Brendon to 8 years in State Prison, as well as over $200,000 in restitution. Our son is now alone in San Quentin State Prison - an absolutely terrible place. He is currently in the ³Reception Center,² which was designed to house 1,436 inmates, but currently houses 3,330 inmates. Because of the lengthy application process, we have not even been able to visit Brendon. Brendon held himself accountable for his actions that evening and realizes he deserves consequences - but he is the only young man from the brawl that evening serving a criminal sentence. This sentence is clearly a grave injustice. Rapists and murderers have received lesser sentences.
Our family has hired a new attorney, Mr. Michael Cardoza, and we feel that if anyone can help our son it will be him. Our next course of action with our new attorney is to request a withdrawal of our son's plea in hopes to be granted a trial. Mr. Cardoza has made it perfectly clear to our family that the chances of being granted this withdrawal is only about l5%. But, as long as there is blood flowing through our veins, we will do everything in our power to correct this injustice and bring our son home. Publicizing this travesty would be of immeasurable value in helping us right a terrible wrong.
Brendon is a good young man, an excellent student, hard worker and an asset to the community. He is not a menace to society. Brendon was recognized as a leader by his student peers, teachers, and coaches. He was a well-respected captain of his high school football team at Amador Valley, a volunteer coach for the Pleasanton Junior Football League, a volunteer coach and referee for Harvest Park Middle School, and a volunteer at the Pleasanton Senior Center. Brendon graduated high school with a 3.0 GPA, and has a 4.0 GPA at Las Positas College. He has no past history of any violent behavior. Our son acted out of two of the strongest emotions we have as human beings - love and fear; love for his brother, and fear for his safety. Someone has to do something. Someone has to make a change and expose this injustice. And we pray that you can help us stop this injustice and bring our son home.
"Injustice anywhere is a threat to justice everywhere."
Respectfully,
Diane Rose
Email: drose930@aol.com