Jose Saldivar

I am a 38 year old Mexican, who was wrongfully convicted of the charges listed above, and was sentenced to six (6) consecutive life sentences plus 14 years with 85%. Prior to my arrest I had dis-associated myself from all gang ties. I purchased a vehicle from an old associate and was making payments. I was pulled over a couple of times and my registration was clear; I was let go. Approximately one month later the police attempted to pull me over but I tried to evade them as I was absconding from parole. In the chase, I got out of the car and ran, jumping in a canal to cross over but was unable to make it. I was apprehended (as was my passenger) and was arrested. The officers searched me and found ammunition in my pocket but no gun or anything else illegal. My passenger was also searched and nothing illegal was found. As the car was searched I was taken to the hospital for hypothermia.

As I exited the hospital I was arraigned. One of the twelve (12) charges was for a ‘gun’ that was not in my possession. I was then told the car was stolen, but on prior occasions when I was pulled over I had been released. During the arrest the police did not determine who owned the paraphernalia and knife in the car. My fingerprints were not on the knife; the gun found did not have my fingerprints on it, nor them of my passenger’s, and was found 100ft away from me. During the trial, out of approximately 20 officers at the arresting area, none of them could say ‘without a reasonable doubt’ that I threw a gun. Furthermore, the District Attorney, could not prove I stole the car - the car was allegedly stolen from a parking lot with security guards and cameras, this was not presented at court and the guard was unable to identify me; thus, the charge of ‘auto-theft’ should never have been applied.

My attorney was ineffective and did not investigate my case fully. Witnesses were not called, evidence was not presented, witnesses for the defense were not properly cross-examined, he did not object to the denial of a ‘Romero Motion’ in sentencing and did not object to the ‘gang expert’ witness being in association with ‘active gang members’. He also failed to include that the ‘Acting Judge’ was involved in a relationship with the Captain of the Sheriff’s Office who was in-charge of the jail that was responsible for all protocol in relation to the housing of gang members and non-gang members. This same Captain had been indicted as participating in criminal activities with a biker gang - ‘Hell’s Angels’. One of the defense witnesses took specific orders from the Captain and testified in my case concerning my gang allegations. Due to this witness’s testimony I was convicted of participating in a street gang and enhanced on all counts resulting in six (6) life sentences.

I am honestly guilty of possession of stolen property, possession of ammunition and evading the police; these charges do not exceed three years. However, due to the manipulation of the witnesses for the ‘gang allegations’ I was convicted on six (6) counts and did nothing close to killing someone. As I said, I had dis-associated myself from the gangs prior to being arrested.

Furthermore, my priors as a contract deal to CA Rehab Center, that were used illegally to convict me as a ‘three striker’, should not have exceeded five years. However, the defense used the priors wrongly, and separately, for the reason to convict me as a ‘three striker’. After my arrest the law added ‘burglary’ to the list of serious crimes that would fall under the ‘three strikes’ law. As my arrest was prior to this law I was ineligible to fall under the ‘three strikes’ law. This means I was illegally sentenced to six (6) consecutive life sentences with fourteen (14) years.

I am an indigent inmate seeking any type of assistance be it legal or financial. Donations will be gratefully received and will go towards my legal fund. I have been wrongfully convicted and am seeking a reversal in my case. I am in need of a proper legal defense in order to obtain a fair trial. I would greatly appreciate your assistance in this matter.

Thank you for your interest and time.

God Bless.

Jose Saldivar, #F12126
CSATF/State Prison at Corcoran
PO Box 5242 D2-125 U
Corcoran, CA 93212
U.S.A.