Update:

8/12/09 Omar received two consecutive 25-life sentences. Many are the youngsters from the hood who fill our prisons, while very few and far apart are the ones who ever leave the same ghetto unscathed. 50-years to life in this case is not justice or rehabilation, it is cruel and unusual punishment.

Ghetto children should be taught the importance of their rights in school, how to exercise them and appreciate the history of American justice without $$$; there are 1000’s like Omar doing 50-life. Shame on the Hispanic Bar Association’s impotence on such matters as the aforementioned. The joints are full of Hispanics convicted on the flimsiest of evidence. No civilized country in the world except America sends a 15 year old secondary defendant away for 50+ years; it’s wrong.

View Spanish Version Here

The Honorable Dewey Falcone
Judge of the Superior Court
PO Box 700
Ontario CA 91762
April 27th 2009

RE:    People v. Omar Rigo Ramirez
Case No: VA 091171

Dear Judge Falcone:
Your Honor may recall that I am a friend and former youth soccer coach of a defendant in your courtroom named Omar Rigo Ramirez. I am, of course, a novice as to the intricate workings of the criminal justice system and never witnessed a murder trial before; however, I was able, day after day, to observe the trial of Omar, along with his co-defendants, in your courtroom. Omar was at worst a gullible dupe, a misguided 15-year old waif, an eejit.

The only analogy that I was able to draw from the conduct of the trial, including all of the participants, was akin to seeing Daniel Barenboim conduct the Berlin Staatskapelle Orchestra playing Beethoven’s 9th symphony with all of the musical sections performing brilliantly and harmoniously, except for one.

The prosecution team was obviously impressive. The deputy D.A. was well prepared and had apparently researched each and every issue. The prosecution team spared no expense in conducting the trial as well it should. On the other hand the lone attorney P.D. did the best he could with what he had. Appreciating the seriousness of the charges, under funding with neither experts nor support to buttress a defense for the P.D. was akin to justice denied.  The many members of the prosecution team replete with computers, numerous conferences, and videography, versus the lone P.D. with little more than a writing pad and pencil was consequentially very negative. To this layman’s retinas and belief system, it was unamerican.

In Your Honor’s court I would never be nor a letter of support would I ever write, if it were my belief that Omar knowingly participated in a murder. Omar played soccer for me for seven years and never once did he cause me or the team grief; Omar was the quintessential sportsman. At fourteen years of age Omar was already famous in youth soccer circles throughout the Western United States and heading fast towards a professional career. His team was #1 in the Nation in 2004 and National Champions.

I request, in this letter, that I be allowed to use Your Honor’s valuable time to provide a brief background of myself for reference. I emigrated here legally from Ireland. Sailed by the Statue of Liberty, on the Queen Mary, at 2:08 PM on Sunday August 28th 1960; the moment in time in my life. I was fortunate to find a job as a teamster only nine days after arrival in this wonderful country.  A little later I joined the US Marines, served my new country, and received an honorable discharge from military service. Upon my return from the Marines I went back to work as a teamster and eventually became the shop steward for 150 men of all races, colors, and creeds. My career as a teamster lasted until my retirement in 1997, After 1997 I was able to devote my time and energy to my hobby, the Celtic Soccer Club which I established in the late 1970’s. I believe all of these experiences give me a unique view of American culture, including the ethnic divide and inclinations in our country and in our state. I can also state, without equivocation, that America and the American system have been more than kind to me.

I founded the Upland Celtic Soccer Club in 1979 and the Celtic Cup Youth Tournament in 1984. My formal education years in Ireland were so few they would give the word ‘brevity’ a new definition; however, I did pass a GED exam and take a few English writing classes at Chaffey Junior College after retiring. I am proud to say that as an under educated immigrant I have been more successful in placing high school student soccer players in college and in university soccer programs across the United States than many others of great wealth and education. This accomplishment was achieved with the enthusiasm of others including my wife. Because of what our Celtic Cup has accomplished, college coaches from hither and yon scout high school soccer players in the Celtic Cup. 

Back to the trial of Omar. With all due respect to the court, The trial appeared to this author frankly "lopsided, inequitable."  Most jurors looked like me, three score years and a whole lot more, mostly gray, retired, and Anglo Saxon. Omar did not really have a jury of his peers. Not even one younger Mexican American from the ghetto was included in the jury. Your Honor may recall that Omar begged the Court that a new lawyer be appointed to represent him in the case. On this topic, Your Honor may also recall addressing me in Court concerning my prior letter to the court supporting Omar’s request for a new lawyer; I much appreciated, albeit in failure, Your Honor’s recognition and response.

The law is so broad and comprehensive regarding murder, gangs, and conspiracy  that I now appreciate more clearly why America has a woefully disproportionate number of people, of color, in its prisons. While I of course continue to believe in serve punishment for calculating killers. Omar was anything but conspiratorial. Omar was misguided at the crime scene when the victim’s car arrived. Two minutes later, as the trial transcripts show, he would have missed everything. Omar’s own honest words in evidence including expressed anxiety, his profane laced disbelief and contempt for the shooter, and grief for the victim, confirmed his role being nonmalicious and on the periphery. Charging this fifteen year old as an adult, under such innocuous circumstances was over kill by the D. A.s office. Cruel and unusual punishment it will be with a potential sentence of life in prison with no end; a waste of a life! 

On this topic of cultural bias in the law, one of my lawyer friends has spoken to me about these cultural differences in our society. Additionally, there may be a growing trend or a possible future trend in the court system to allow the defense in a criminal case to present these cultural differences. Specifically, my lawyer friend pointed out to me a recently published book by a USC professor entitled:
"A Multi-Cultural Jurisprudence: Comparative Perspective on the Cultural Defense."
One quote, I have been told about, in this book states that "cultural differences deserve to be considered in litigation because enculturation shapes individuals’ perceptions and influences their action." I haven’t read the book yet; never the less, the title and quote speak volumes  and pin point Omar’s unfortunate timing, place, and circumstance.

 
In Omar’s trial, the prosecution team of exquisitely trained and financed professionals versus the inequity and impotence of the defense for this 15-year old ghetto kid was profoundly consequential. Once again, neither equitable finances nor experts for his defense seemed just. The prosecution’s expert on gangs and gang violence was preaching to the choir and had an easy task persuading the jury of like-minded citizens. 
Your Honor may recall that the closing argument by the deputy district attorney lasted over two hours, this included motion pictures accommodated in dim courthouse lighting and mounds of evidentiary documentation. Compare the aforementioned with the defense’s closing argument of astonishing brevity. Thirty three minutes of time in a courtroom filled with an aura of guilt. Causation for such a brief close, I do believe, was lack of defense experts to challenge at trial or reference. Immediately after the district attorney’s closing argument finished – the very first thought that went through this observer’s mind: Slam Dunk!
Omar’s lawyer, to his credit, did his best and used what was available to him and was a good expounder on Omar’s ghetto life; however, and once again in my opinion and observation, none of the jurors heard a word he said. They did not consider or appreciate his  enculturation, susceptibility to the influence of gangs in his community, or youthful impressionability.  He believed the jury would understand his innocence on the murder charge.

Respectfully, Your Honor may wish to review People v. Dillon (1983) 34 Cal.3d 441-479 to  compare and consider reducing or dismissing the murder conviction, because Omar was 15-years old, and unaware that a murder was about to occur and on the opposite side of the car away from the shooter. While ignorance of the law is no excuse, there was no misprision by Omar and surely the wisdom of the court stands for something. I read the People v. Dillion case and believe Omar is a perfect candidate for similar judicial consideration.

Something  is inherently wrong with the justice system, because in this case a fifteen year old kid with no intent to kill anyone or knew such a tragedy was at hand, could potentially receive a sentence/punishment, (life, plus, plus,) worse than Charles Manson. I understand that Manson, at least, is eligible for parole. I submit that the legislative authors of laws that provide for life sentences for fifteen year olds who take no malicious or active participation in a murder are short sighted. I am begging Your Honor to consider, with your wisdom, experience and years on the bench, to take all of the aforementioned into consideration by either drastically reducing Omar’s potential sentence or granting him a new trial. 

I appreciate and positively respect Omar’s decision to contest the charges, even though he is quite young, refusing the plea deal offered by the prosecution.  Omar, to his credit, refused to "plead out" because he knew he was not guilty of murder. During the six years that Omar played soccer for me, he and his teammates heard me say time, and time, and time again, "Real men tell the truth, wimps lie, consequences be damned."  He paid very dearly for his honesty and belief in these words. His Celtic soccer team was his sanctuary, his only solace.

When I picked him up for practice, Omar did tell me many times while driving along the freeway from Hawaiian Gardens to Upland, how lucky other kids were to live the lives they lived, did the things they did, and enjoyed So-Cal outside the Hood. Omar was very much embarrassed and ashamed of his environment and lot in life.

 
I do hope Your Honor will consider, at sentence, his youthful age of fifteen at the time of the crime including his honesty in interrogation. Please consider that Omar, who is still a teenager, is rehabilatable, very remorseful, has great sorrow in his heart, and prayed for the soul of the victim – he told me so himself. Omar’s home life was directionless, no mother at home and a father with alcohol problems; this author was his father figure.

Little do I know about the justice system; none the less, life in prison for Omar in this case, irrespective of the technicalities of California law, cries out for mercy and Your Honor’s great wisdom. Life in prison for Omar from the facts and evidence presented in court and his age would be, in my humble opinion, extremely cruel and unusual punishment.

With Your Honor’s indulgence, I would be most apprectiative of the opportunity to speak on Omar’s behalf at sentence. Albeit convicted he is no dangerous murderer or angry shooter. Please allow me to, once again, repeat that Omar told me time, and time, and time again, over the phone from juvenile hall how remorseful, sad, and shocked, he was over what happened to the victim and that he prayed for the man’s soul.

Omar has never held a gun in his hands in his life.

Thank you Your Honor for your courtesy in reviewing this letter.

Matthew McDonagh

Soccer patrons, friend and foe, Omar’s lot in life, his destiny, will be determined by appeals and folks like you who write letters of reference on his behalf. A few paragraphs (5-minutes) of referential support could be the difference between life in prison and freedom. I will forward all letters unopened to his attorney.

At Celtic we deal with thread ’n thrum from hither n’ yon, consequences aside.

Address:
Omar Ramirez
Case No. VA 091171
PO Box 700
Ontario CA 91762

Thanks,
Matt.