San Jose Inside

Law enforcement uses the state’s gang-enhancement law to crack down on violence, but a judge’s ruling in the Joshua Herrera case raises questions about its reach

THE moment before Rebecca Rivera entered the courtroom to hear whether or not her son Joshua Herrera was going to face a life sentence in prison, she gathered with 40 or so supporters, who were bustling around with nervous tension. “I talked to Joshua last night, and he wanted us all to know that whatever happens in there—he is coming home.” She began to weep, then collected herself and walked into court. The potentially devastating question that was left in her wake, the one no one dared ask, was: When? Rivera had already consoled the mother of another young man involved in the case, Alex Samarro, who had been given 23-to-life the day prior, and knew the pain she saw yesterday could be hers today.

I recently read that a Hudson, Kansas judge ordered a man, who had admitted to molesting a boy, to post signs around his house and to put a decal on his car—for the duration of his five years of probation and house arrest—proclaiming that he is a sex offender. My first reaction was: Why shouldn’t we know what he did? Then more questions came up, including: How much do we have the right to know about our neighbors?

Joshua Herrera May be Facing Life in Prison Because of an Unevaluated Gang Enhancement Law

On the steps of the Main Jail, Rebecca Rivera called out to God and her son at the same time. She asked that God save her son from a life in prison, and that her son hear her prayer. 24-year-old Joshua Herrera, housed on the fourth floor of that jail, did in fact hear his mother and the 200 or so supporters who chanted and cheered through Rebecca’s impromptu speech, many of whom also had sons, uncles, nephews somewhere in that building. And from the fourth floor, it must have been quite a sight, an unlikely movement that Rivera has pieced together since Joshua was convicted of home invasion robbery with gang enhancements in 2006. Marching alongside the Herrera family were young Chicano men who also have been labeled as gang members themselves, college students sporting their banners, firefighters who met Joshua, and about 50 leather-clad bikers sitting on Harleys that roared like they had jet engines inside them.

Confusing Rules to be Sorted by Retailer’s Scanning Technology

Despite a high, six-figure settlement relating to allegations that its cash register scanning technology was overcharging customers, the San Jose City Council has decided to move forward with a multi-year contract for the Walgreens drugstore chain to manage its new downtown parking fee structure.

Merry Christmas to all SJI bloggers and readers.

In the abiding spirit of revolution embodied in the Declaration of Independence, our Founders created this country as a nation ruled by secular, Constitutional law, not religion and mythology, though the assault on this principle by theocrats is ongoing and relentless. Those who attempt to wield the Bible and the teachings of Christ as a weapon—from George W. Bush and Pat Robertson to the Catholic Church and the Texas Department of “Education”—for political and social control, to stifle intellectual debate or cover up the facts of science, do so under false pretenses. Jesus would be appalled.

It seems like we have a battle over art again in San Jose. Not over what type of art, but, rather, whether to have it in the new police substation.  I, for one, am happy not to discuss the recall in District 7 or the loss of our esteemed title of the “Safest Big City” in this yuletide season and get to the real issues that determine our future.

The tumult and the shouting have died and “Little Saigon” is now a political battle, not an alternate name to an important area of small businesses. Or is it?  A recall is in the offing if cooler and more focused minds do not prevail. I hope they do. It would be bad for the city, District 7, and the Vietnamese community. While it is difficult to understand why Madison Nguyen was so blind-sided by the somewhat predictable events of the last few weeks (and the strong feelings behind them), the council supported her down the line.  One day we may see it more clearly.

It is now firmly established that we no longer enjoy the title of “Safest City in America.”  I am glad that it’s over because now we can continue the effort to make our city as secure in all its parts—each and every neighborhood—as any city can be in twenty-first century America. The title, awarded by some group in Washington D.C. (nobody can remember who; okay, who was it, wise guys?), now rests on the sun-kissed head of Honolulu. However, the real question is still the same: are people in San Jose safe in their homes and blissfully free of crime? The answer, as always, is a big “no.” But the struggle endures.

A simple fact that is often forgotten—though it should not be so—is that we have the finest police department in the nation. Such things do not just happen. We have worked hard to keep that description. Chief Rob Davis has continued a tradition of excellence and community relations that began with Joe McNamara in the seventies. This is a succession of competence that needs to be recognized.

As mayor, you have the responsibility to make changes, provide vision and get things done. Rarely have we had a mayor of this city who could claim to have all three of those qualities. And, yes, the small things like fixing potholes, listening to the neighborhood associations, and being an accessible mayor are all important too. However, at the end of the day, it’s the “big things” that you will be remembered for.

There have been a number of recent articles in national publications about the brave new city of the west, San Jose. The Wall Street Journal stated its view of our city as the center of innovation and entrepreneurship. There is a strong effort to reap the benefits of locating the new and exciting clean-tech areas of the new economy here to join eBay, Cisco Systems and Adobe. We are trying very hard and the ability to try hard is a virtue in a person and an asset in the development of the city.

Hypocritical actions are in full bloom in San Jose.  In this case, it is a recommendation to the Sunshine Task Force by one of its members who is exhibiting that most unfortunate characteristic. Labor representative Bob Brownstein is suggesting that the city be required to detail all costs anytime a significant public subsidy is required. The wages of any jobs, impact on neighborhoods, return in taxes, and anything that could reasonably be assumed to be a pertinent part of a project, would have to be expeditiously disclosed. This is just like the joke about not being able to run a two-car funeral. In recent municipal lore, it is known as not being able to give away retail space to Starbuck’s. That’s some business sense—and some funeral.

The results are in and the sound and fury are subsiding: the Mexican Heritage Plaza is still in the red, the San Jose Police Department arrests more minorities than their ratio in the population, and people are still skeptical of sports facilities. And, in a news flash from Monte Sereno, neighbors are fighting over a fence. There does not seem to be much else of excitement in the paper these days.

This past weekend, I took a trip with some girlfriends to the one and only “Sin City.” After getting up from a blackjack table, thinking about the $200 I essentially spent on three drinks, I had a few thoughts about if San Jose was more like Las Vegas.

“If I Misappropriated Public Funds”—A Hypothetical Conspiracy Confession

The embattled former book publisher, Judith Regan, has been rehired by Harper Collins to publish outgoing mayor Ron Gonzales’s hypothetical conspiracy confession, “If I Misappropriated Public Funds.”

When Allied forces liberated the concentration camps in Nazi Germany as they marched toward Berlin, local civilian residents were taken to the camps and forced to face the terrible truth that had been in their midst. In the years since, the debate has raged over the level of culpability shared by the German people in accepting the horrors of these camps throughout the war and saying or doing nothing to stop the heinous crimes against humanity being perpetrated in their name right in their backyards.