BARRY J. PORTMAN

Federal Public Defender

DANIEL P. BLANK

Assistant Federal Public Defender

450 Golden Gate Avenue

San Francisco, CA  94102

Telephone:  (415) 436-7700

 

Counsel for Defendant XXX XXX

 

 

 

 

 

IN THE UNITED STATES DISTRICT COURT

 

FOR THE NORTHERN DISTRICT OF CALIFORNIA

 

 

UNITED STATES OF AMERICA,

                                           Plaintiff,

v.

XXX XXX XXX XXX,

                                        Defendant.

 

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No. CR XXX-XXX

 

DECLARATION OF XXX XXX XXX XXX

 

 

 

 

 

 

XXX XXX XXX XXX states as follows:

1.         I am the defendant in the above-captioned case.

2.         I was born in XXX, Mexico, on XXX-XX-XXXX.  I have not had any formal education since I came to the United States in 1991 with my mother and siblings.  I have only a limited ability to communicate in English.

3.         I have been in custody since my arrest on May 14, 1999, in Redwood City, California.  At the time I was arrested, while I was laying face down on the ground, one of the arresting officers called me a Astupid motherfucker.@   As far as I could tell, he told me that I was lucky to be alive because if I had not stopped running he would have shot me dead.

4.         After my arrest, I was taken to the Redwood City police station and placed in a small, low-lit room with doors at each side and a small table and chair.  I was left in the room with the handcuffs on for at least half an hour.  I had to go to the bathroom, so I stood up and banged against the door.  A Spanish-speaking officer came and took me to the bathroom, and then brought me back to the room and removed the handcuffs.

5.         Another officer came in and introduced himself as Jeff Price.  Both Price and the Spanish-speaking officer were carrying guns.  Using the Spanish-speaking officer as an interpreter, Price said he wanted to ask me some questions.  I told the Spanish-speaking officer that was OK, but I needed him to interpret for me.  The Spanish-speaking officer asked if I could speak English.  I told him I did not speak English well and wanted him to interpret.

6.         The Spanish-speaking officer left and came back with a card from which he read in Spanish that I had a right to remain silent and a right to a lawyer.  He asked me if I wanted to waive those rights and I said OK.

7.         No one ever told me that I had a right to contact the Mexican Consulate, and I did not know that I had such a right.  If I had known, I would have called the Mexican Consulate and asked whether I should talk to the officers.

8.         Speaking through the Spanish-speaking officer, Price told me that he thought that I had nothing to do with the crime they arrested me for, or that at most I was a Asmall fish.@  He told me that they wanted the main person, whose name was Cano.  Price said that if I told them where Cano was, everything would be easier for me because if they could not catch Cano, then I would be held responsible.

9.         The officers then asked me a number of questions.  They told me that the person with whom I was arrested, XXX XXX, had told them that I knew there were drugs in the red pick-up truck I was driving.  I answered the questions as best as I could.  Afterwards, Price told me through the Spanish-speaking officer that he did not believe me. The Spanish-speaking officer then left the room and came back with a glass of water for me.

10.       Another man came back with the Spanish-speaking officer and he showed me his badge.  It appeared that the man was an FBI agent.

11.       While the FBI agent was there, Price told me through the Spanish-speaking officer that if I did not cooperate, they would turn me over to the federal authorities and I would get 20 years or even life in prison.  The FBI agent did not say anything.  He just nodded, and then left the room.

12.       The Spanish-speaking officer then left the room, telling me to continue in the best English that I could.  I was left alone with Price, and I was nervous because I did not speak English well enough to continue.

13.       Price asked me more questions in English.  I did not understand him very well and felt that I was not making myself understood.  But I was afraid to stop because of what would happen to me if I did not cooperate.  As far as I could make out, Price said in English that he would talk to the prosecutor on my behalf and that he knew that I had nothing to do with it, but that he needed for me to tell him the truth.  I was even more afraid because I had already told him the truth, but I tried to understand and answer in English.

I DECLARE under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Signed and dated on the ___ of January, 2000, in Oakland, California.

 

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XXX XXX XXX XXX