'Gross Miscarriage of Justice/When Translators Are Inaccurate/Case Jorge A. Covarrubias.'
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To The Honorable Governor of The State of California:
How Are Efficient American Courts?
This is a case of injustice and a gross miscarriage of justice of 18 years in the making.
My brother Jorge Armando Covarrubias, CDCR T23089, was wrongfully convicted and sentenced to 30 years to life under the terms of an unknowing and involuntary plea bargain.
He was arrested and booked on October 08, 2000 by Assault with a Deadly Weapon California PC 245 (A) (1). Court records clearly shows that during a court hearing at the Downey, California Court, Jorge declined a plea bargain of 12 years while being represented by the Los Angeles Public Defender Craig Purcell and assisted by the court interpreter Lucia Daley. However few days later at the Superior Court of Norwalk California, while being represented by Jon A. Divens, SB 145549, (DISBARRED), and assisted by the court interpreter Cecilia Alcaraz, he supposedly agree to enter into a plea deal of 30 years to life.
Jorge's conviction and sentence was obtained by fraud and duress. Because the court's proceedings prior to the "Plea hearing", during the "Plea Hearing" and "Sentencing hearing" were inaccurately translated by the court interpreter Alcaraz and for the benefit of my brother.
Jorge was convicted and sentenced by the Hon. John Torribio, under the terms of an unknowing, unintelligent and involuntary plea agreement for the charges of Second Degree Attempted Murder PC664/187 (5 years) plus the gun enhancement, 12022.53 (d)(25 years too life). Total= 30 years to life.
Jon A. Divens SB 145549, my brother's trial counsel just admitted he used my brother's inability to understand English to improperly advised him to enter into a plea bargain of 30 years to life, for a crime he did NOT commit. Divens was disbarred by the Supreme Court of California.
The Honorable Lillian Vega Jacobs, former District Attorney who prosecuted the case presented an affidavit stating that she observed my brother hesitant and reluctant to enter into a plea of guilty, and that she did not believe that Jorge would accept such plea, because that is not a plea at all.
We have tried unsuccessfuly for 18 years to prove the truth and we don't know what else to do. All our atempts to show the truth have been denied by the courts due to the statute of time limitations.
My brother attests that the court intérpreter Cecilia Alcaraz never explained to him the truth in Spanish about court proceedings nor about such plea bargain. He was unable to understand because at that time he was complete iliterate un writing and speaking english.
At this time we are trying to obtain a declaration from the Court intérpreter, but we have no concrete answer from her. She is afraid of something.
In the last conversation I had with her, she informed me that the Los Angeles' County District Attorney Office told her to avoid problems, "Keep her mouth shut," and not to answer my emails or phone calls. However, we continúe with our figth to show the honest truth.
The conviction and sentence of 30 years to life against my brother, was not the result of a fair trial, an impartial tribunal, and of a due process of law, but was the direct consequence of raw prejudice of his trial counsel, of the interpreter Cecilia Alcaraz, of the deceased probation officer Daniel Crespo, and from the complicit silence of all the public officers of court who were present at the hearings, and were full aware of my brother's language disability, but they remain mute during the commission of a great injustice, as to deduce that the constitutional rights of fair trial and due process of law resulted in an empty charade in this case. As a simple matter of humans my brother deserved more than to stare in total incomprehension as he was wrongfully sentenced to spend his life in prison for a crime that he didn't commit and an illegal plea of guilty. For instance in 1970, it was set the following presedent.
Jorge told me that all he wants is to show the truth, that he is innocent of the charges, that he did not sign nor agree to accept such plea bargain, and to be deported to México.
To declare that my brother, an immigrant functionally illiterate in English, that received a false translation of court's hearings and represented by an incompetent counsel, should be in prison serving a 30 years to life in silence, IS NOT ONLY PATENTLY UNCONSTITUTIONAL, BUT IS A CLEAR INJUSTICE, not only for him, but on the fairness, integrity and public reputation of the state and national systems of justice as a whole.
A defendant's Guilty Plea that was the product of such factors as misunderstanding, duress or misrepresentation by others; the Guilty Plea is constitutionally defective and an inadequate basis for imprisonment.
Please see the exhibits attached as links.
My brother's case:
People of California vs Jorge Armando Covarrubias. Superior Court of California, for the County of Los Ángeles. Norwalk Court. Case # VA-061911.
Thank you for your time.
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