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  • Dear San Francisco: "Sell Crack or Die" Isn't a Real Choice
    David commented on the article | over 2 years ago

    Mr. McHugh, That's a very good question. The jury had the opportunity to hear all of Mr. Valle's story. We learned about his family background and the unimaginable poverty he comes from. We learned about the nightmarish trip he endured just to get here. We learned that it cost his family's life savings  to get across the border illegally. We understood why he came to the United States and we had tremendous sympathy for him. After learning what we learned about Rigoberto Valle - you'd have to be heartless to not root for him. We even understood why he chose to sell drugs - it was good money and he and his family desperately needed that money. But, our job as jurors was to decide if he was forced to sell drugs or if he chose to with his own free will. In this case, the facts proved that he chose to. It was extremely difficult for me to accept that, but it was evident. I wish he had chosen a different path to make money.

  • Dear San Francisco: "Sell Crack or Die" Isn't a Real Choice
    David commented on the article | over 2 years ago

    Dear Ms. Kloar,   


    After reading your column, (or letter to the jury) I feel compelled to respond to you. I feel that one of us owes you an explanation. I was a member of the 12 person jury that convicted Rigoberto Valle. On behalf of myself and the 11 other jurors, I can assure you that our decision was not an easy one. In fact, many of us wanted nothing more than to find Mr. Valle NOT GUILTY. I (and many other jurors) found ourselves rooting for Valle and Razzaq the entire trial. We fought long and hard for the defense in the deliberation room. I truly wanted the facts and evidence to point to his innocence. But, the truth of the matter is it did just the opposite. He was clearly guilty of voluntarily selling crack cocaine on the streets of San Francisco. We based this on the testimony, facts, and evidence presented at trial. There were too many lies and too many holes uncovered. We could not look past this. I was the last juror to be convinced of his guilt and I promise you that I decided on my verdict with a very heavy heart. I feel incredible sympathy for Rigoberto and all that he has endured. I do not think he came to the U.S. intending to be a drug dealer. I believe he came here seeking a better a life for himself and his family back home. However, he got mixed with the wrong crowd and he made a terrible decision. He chose to sell drugs because it was fast and easy money. He could have worked harder doing something more legitimate and made less money. But, HE CHOSE to take on the risk (with the greater reward $) of selling crack cocaine. His decision backfired when he was approached by an undercover police officer. If I was not absolutely convinced of that, there is NO WAY I would have convicted him. I promise you, in my heart - I was praying for the evidence to point to his innocence.   Like you said "I did not sit and listen to two lawyers hash this case out as you did, so perhaps this was not the miscarriage of justice it seems to be. Perhaps Mr. Valle was guilty of selling drugs of his own free will and wove a well-crafted lie about being a pawn in an international organized criminal syndicate to get out of going to jail."  I can assure that this was the case. I agree that human trafficking is a huge problem in the U.S. and around the world. I agree that more and more victims are enslaved everyday and something needs to be done about it. I agree that in many cases it can be used as an excuse when somebody is forced to commit illegal acts. But, in the case against Rigoberto Valle - it was used as an attempt to get himself out of his own terrible mistake. Mr. Valle's story breaks my heart. He chose to do what he did to make a better life for his loved ones. But, the bottom line is that he was not forced to sell drugs. Our only job as a jury was to decide on that.  This was not a cold and callous jury as you make us out to be. In fact, it was a group of 12 warm, empathetic individuals that made a decision based on the facts. We had no other choice but to find him Guilty and I hope you can understand that. Should you have any other questions about our verdict or the trial, please don't hesitate to ask. I'm happy to provide you with my insight.    


    Kind Regards,  


    David, Juror

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