1 00:00:00,984 --> 00:00:03,251 This is my favorite protest shirt. 2 00:00:03,897 --> 00:00:06,103 It says, "Protect your people." 3 00:00:06,127 --> 00:00:09,047 We made it in the basement of our community center. 4 00:00:09,420 --> 00:00:11,744 I've worn it at rallies, 5 00:00:11,768 --> 00:00:14,800 at protests and marches, 6 00:00:14,824 --> 00:00:16,641 at candlelight vigils 7 00:00:16,665 --> 00:00:19,919 with families who have lost loved ones to police violence. 8 00:00:20,674 --> 00:00:24,388 I've seen how this ethic of community organizing 9 00:00:24,412 --> 00:00:27,308 has been able to change arresting practices, 10 00:00:27,332 --> 00:00:30,434 hold individual officers accountable 11 00:00:30,458 --> 00:00:33,815 and allow families to feel strong and supported 12 00:00:33,839 --> 00:00:36,008 in the darkest moments of their lives. 13 00:00:37,022 --> 00:00:39,712 But when a family would come to our center 14 00:00:39,736 --> 00:00:43,871 and say, "My loved one got arrested, what can we do?" 15 00:00:43,895 --> 00:00:45,911 we didn't know how to translate 16 00:00:45,935 --> 00:00:49,593 the power of community organizing that we saw on the streets 17 00:00:49,617 --> 00:00:50,767 into the courts. 18 00:00:51,652 --> 00:00:53,324 We figured we're not lawyers, 19 00:00:53,348 --> 00:00:56,281 and so that's not our arena to make change. 20 00:00:57,017 --> 00:01:00,184 And so despite our belief in collective action, 21 00:01:00,208 --> 00:01:03,200 we would allow people that we cared about 22 00:01:03,224 --> 00:01:05,247 to go to court alone. 23 00:01:06,335 --> 00:01:10,470 Nine out of ten times -- and this is true nationally -- 24 00:01:10,494 --> 00:01:12,410 they couldn't afford their own attorney, 25 00:01:12,434 --> 00:01:16,307 and so they'd have a public defender, who is doing heroic work, 26 00:01:16,331 --> 00:01:19,126 but was often under-resourced 27 00:01:19,150 --> 00:01:21,879 and stretched bare with too many cases. 28 00:01:21,903 --> 00:01:25,831 They would face prosecutors aiming for high conviction rates, 29 00:01:25,855 --> 00:01:28,228 mandatory minimum sentences 30 00:01:28,252 --> 00:01:32,124 and racial bias baked into every stage of the process. 31 00:01:34,100 --> 00:01:36,171 And so, facing those odds, 32 00:01:36,195 --> 00:01:39,417 stripped away from the power of community, 33 00:01:39,441 --> 00:01:41,957 unsure how to navigate the courts, 34 00:01:41,981 --> 00:01:45,779 over 90 percent of people that face a criminal charge in this country 35 00:01:45,803 --> 00:01:47,269 will take a plea deal. 36 00:01:48,096 --> 00:01:51,517 Meaning, they'll never have their fabled day in court 37 00:01:51,541 --> 00:01:54,874 that we talk about in television shows and in movies. 38 00:01:55,807 --> 00:02:01,752 And this is the untold part of the story of mass incarceration in America -- 39 00:02:01,776 --> 00:02:04,924 how we became the largest jailer in the world. 40 00:02:05,623 --> 00:02:09,305 Over two million people currently incarcerated in this country. 41 00:02:09,726 --> 00:02:11,321 And projections that say 42 00:02:11,345 --> 00:02:15,362 one out of three black men will see the inside of a prison cell 43 00:02:15,386 --> 00:02:18,545 at some point in their life on this trajectory. 44 00:02:20,546 --> 00:02:22,079 But we have a solution. 45 00:02:22,928 --> 00:02:25,984 We decided to be irreverent to this idea 46 00:02:26,008 --> 00:02:29,102 that only lawyers can impact the courts. 47 00:02:29,587 --> 00:02:31,990 And to penetrate the judicial system 48 00:02:32,014 --> 00:02:37,497 with the power, intellect and ingenuity of community organizing. 49 00:02:38,569 --> 00:02:41,503 We call the approach "participatory defense." 50 00:02:42,286 --> 00:02:45,167 It's a methodology for families and communities 51 00:02:45,191 --> 00:02:47,483 whose loved ones are facing charges, 52 00:02:47,507 --> 00:02:50,310 and how they could impact the outcome of those cases 53 00:02:50,334 --> 00:02:53,732 and transform the landscape of power in the courts. 54 00:02:54,859 --> 00:02:56,025 How it works is, 55 00:02:56,049 --> 00:02:58,779 families whose loved ones are facing criminal charges 56 00:02:58,803 --> 00:03:00,938 will come to a weekly meeting, 57 00:03:00,962 --> 00:03:02,760 and it's half support group, 58 00:03:02,784 --> 00:03:04,917 half strategic planning session. 59 00:03:05,823 --> 00:03:07,669 And they'll build a community 60 00:03:07,693 --> 00:03:11,933 out of what otherwise would be an isolating and lonely experience. 61 00:03:12,755 --> 00:03:15,065 And they'll sit in a circle, 62 00:03:15,089 --> 00:03:17,747 and write the names of their loved ones on a board, 63 00:03:17,771 --> 00:03:19,620 who they're there to support. 64 00:03:19,644 --> 00:03:20,854 And collectively, 65 00:03:20,878 --> 00:03:25,014 the group will find out ways to tangibly and tactfully 66 00:03:25,038 --> 00:03:27,032 impact the outcome of that case. 67 00:03:27,569 --> 00:03:31,490 They'll review police reports to find out inconsistencies; 68 00:03:31,514 --> 00:03:33,671 they'll find areas that require 69 00:03:33,695 --> 00:03:36,213 more investigation by the defense attorney; 70 00:03:36,237 --> 00:03:38,156 and they'll go to court with each other, 71 00:03:38,180 --> 00:03:40,164 for the emotional support 72 00:03:40,188 --> 00:03:44,569 but also so that the judge knows that the person standing before them 73 00:03:44,593 --> 00:03:46,286 is part of a larger community 74 00:03:46,310 --> 00:03:49,189 that is invested in their well-being and success. 75 00:03:50,538 --> 00:03:52,506 And the results have been remarkable. 76 00:03:53,506 --> 00:03:56,498 We've seen charges get dismissed, 77 00:03:56,522 --> 00:03:59,347 sentences significantly reduced, 78 00:03:59,371 --> 00:04:01,242 acquittals won at trial 79 00:04:02,561 --> 00:04:05,828 and, sometimes, it has been literally lifesaving. 80 00:04:06,450 --> 00:04:08,784 Like in the case of Ramon Vasquez. 81 00:04:09,235 --> 00:04:14,760 Father of two, family man, truck driver 82 00:04:14,784 --> 00:04:18,031 and someone who was wrongfully charged with a gang-related murder 83 00:04:18,055 --> 00:04:19,848 he was totally innocent of, 84 00:04:19,872 --> 00:04:21,939 but was facing a life sentence. 85 00:04:23,172 --> 00:04:25,363 Ramon's family came to those meetings 86 00:04:25,387 --> 00:04:28,275 shortly after his arrest and his detention, 87 00:04:28,299 --> 00:04:29,966 and they worked the model. 88 00:04:30,268 --> 00:04:31,784 And through their hard work, 89 00:04:31,808 --> 00:04:34,379 they found major contradictions in the case, 90 00:04:35,121 --> 00:04:37,653 gaping holes in the investigation. 91 00:04:37,677 --> 00:04:42,280 And were able to disprove dangerous assumptions by the detectives. 92 00:04:42,836 --> 00:04:46,665 Like that the red hat that they found when they raided his home 93 00:04:46,689 --> 00:04:50,102 somehow affiliated him to a gang lifestyle. 94 00:04:51,149 --> 00:04:53,998 Through their photos and their records, 95 00:04:54,022 --> 00:04:58,639 they were able to prove that the red hat was from his son's Little League team 96 00:04:58,663 --> 00:05:00,908 that Ramon coached on the weekends. 97 00:05:02,107 --> 00:05:04,243 And they produced independent information 98 00:05:04,267 --> 00:05:07,109 that proved that Ramon was on the other side of town 99 00:05:07,133 --> 00:05:09,482 at the time of the alleged incident, 100 00:05:09,506 --> 00:05:10,903 through their phone records 101 00:05:10,927 --> 00:05:13,490 and receipts from the stores that they attended. 102 00:05:14,593 --> 00:05:18,236 After seven long months of hard work from the family, 103 00:05:18,260 --> 00:05:21,291 Ramon staying strong inside jail, 104 00:05:21,315 --> 00:05:24,249 they were able to get the charge dismissed. 105 00:05:25,053 --> 00:05:26,712 And they brought Ramon home 106 00:05:26,736 --> 00:05:29,855 to live the life that he should have been living all along. 107 00:05:30,260 --> 00:05:31,633 And with each new case, 108 00:05:31,657 --> 00:05:36,101 the families identified new ways to flex the knowledge of the community 109 00:05:36,125 --> 00:05:38,458 to have impact on the court system. 110 00:05:39,506 --> 00:05:42,323 We would go to a lot of sentencing hearings. 111 00:05:42,347 --> 00:05:44,694 And when we would leave the sentencing hearing, 112 00:05:44,718 --> 00:05:46,617 on the walk back to the parking lot 113 00:05:46,641 --> 00:05:49,974 after someone's loved one just got sent to prison, 114 00:05:49,998 --> 00:05:52,633 the most common refrain we would hear 115 00:05:52,657 --> 00:05:55,783 wasn't so much, "I hate that judge," 116 00:05:55,807 --> 00:05:58,259 or "I wish we had a new lawyer." 117 00:05:59,268 --> 00:06:01,387 What they would say was, 118 00:06:01,411 --> 00:06:04,077 "I wish they knew him like we know him." 119 00:06:05,188 --> 00:06:07,934 And so we developed tools and vehicles 120 00:06:07,958 --> 00:06:10,958 for families to tell the fuller story of their loved one 121 00:06:10,982 --> 00:06:13,883 so they would be understood as more than just a case file. 122 00:06:14,360 --> 00:06:17,606 They started making what we call social biography packets, 123 00:06:17,630 --> 00:06:22,177 which is families making a compilation of photos and certificates and letters 124 00:06:22,201 --> 00:06:25,930 that show past challenges and hardships and accomplishments, 125 00:06:25,954 --> 00:06:28,554 and future prospects and opportunities. 126 00:06:29,025 --> 00:06:33,382 And the social biography [packets] were working so well in the courts, 127 00:06:33,406 --> 00:06:36,725 that we evolved it into social biography videos. 128 00:06:36,749 --> 00:06:39,066 Ten-minute mini documentaries, 129 00:06:39,090 --> 00:06:41,790 which were interviews of people in their homes, 130 00:06:41,814 --> 00:06:44,233 and at their churches and at their workplace, 131 00:06:44,257 --> 00:06:47,490 explaining who the person was in the backdrop of their lives. 132 00:06:48,578 --> 00:06:53,689 And it was a way for us to dissolve the walls of the court temporarily. 133 00:06:54,221 --> 00:06:56,419 And through the power of video, 134 00:06:56,443 --> 00:07:00,834 bring the judge out of the court and into the community, 135 00:07:00,858 --> 00:07:05,088 so that they would be able to understand the fuller context of someone's life 136 00:07:05,112 --> 00:07:07,667 that they're deciding the fate of. 137 00:07:09,046 --> 00:07:13,156 One of the first social biography projects that came out of our camp 138 00:07:13,180 --> 00:07:14,330 was by Carnell. 139 00:07:14,665 --> 00:07:15,958 He had come to the meetings 140 00:07:15,982 --> 00:07:18,561 because he had pled to a low-level drug charge. 141 00:07:18,585 --> 00:07:20,403 And after years of sobriety, 142 00:07:20,427 --> 00:07:23,156 got arrested for this one drug possession charge. 143 00:07:23,180 --> 00:07:25,506 But he was facing a five-year prison sentence 144 00:07:25,530 --> 00:07:28,363 because of the sentencing schemes in California. 145 00:07:28,974 --> 00:07:31,180 We knew him primarily as a dad. 146 00:07:31,204 --> 00:07:33,124 He'd bring his daughters to the meetings 147 00:07:33,148 --> 00:07:36,236 and then play with them at the park across the street. 148 00:07:36,260 --> 00:07:38,403 And he said, "Look, I could do the time, 149 00:07:38,427 --> 00:07:41,312 but if I go in, they're going to take my girls." 150 00:07:42,927 --> 00:07:44,664 And so we gave him a camera 151 00:07:44,688 --> 00:07:47,953 and said, "Just take pictures of what's like being a father." 152 00:07:48,758 --> 00:07:52,916 And so he took pictures of making breakfast for his daughters 153 00:07:52,940 --> 00:07:54,456 and taking them to school, 154 00:07:54,480 --> 00:07:57,226 taking them to after-school programs and doing homework. 155 00:07:57,863 --> 00:07:59,950 And it became this photo essay 156 00:07:59,974 --> 00:08:03,386 that he turned in to his lawyer who used it at the sentencing hearing. 157 00:08:04,077 --> 00:08:08,275 And that judge, who originally indicated a five-year prison sentence, 158 00:08:08,299 --> 00:08:10,766 understood Carnell in a whole new way. 159 00:08:11,466 --> 00:08:14,839 And he converted that five-year prison sentence 160 00:08:14,863 --> 00:08:18,052 into a six-month outpatient program, 161 00:08:18,076 --> 00:08:20,639 so that Carnell could be with his daughters. 162 00:08:20,663 --> 00:08:22,774 His girls would have a father in their life. 163 00:08:22,798 --> 00:08:26,481 And Carnell could get the treatment that he was actually seeking. 164 00:08:27,688 --> 00:08:31,101 We have one ceremony of sorts 165 00:08:31,125 --> 00:08:33,561 that we use in participatory defense. 166 00:08:33,585 --> 00:08:36,570 And I told you earlier that when families come to the meetings, 167 00:08:36,594 --> 00:08:39,133 they write the names of their loved ones on the board. 168 00:08:39,157 --> 00:08:41,943 Those are names that we all get to know, week in, week out, 169 00:08:41,967 --> 00:08:43,633 through the stories of the family, 170 00:08:43,657 --> 00:08:46,895 and we're rooting for and praying for and hoping for. 171 00:08:47,466 --> 00:08:48,998 And when we win a case, 172 00:08:49,022 --> 00:08:52,958 when we get a sentence reduced, or a charge dropped, 173 00:08:52,982 --> 00:08:55,022 or we win an acquittal, 174 00:08:55,046 --> 00:08:57,545 that person, who's been a name on the board, 175 00:08:57,569 --> 00:08:58,969 comes to the meeting. 176 00:08:59,776 --> 00:09:02,117 And when their name comes up, 177 00:09:02,141 --> 00:09:03,974 they're given an eraser, 178 00:09:03,998 --> 00:09:06,268 and they walk over to the board 179 00:09:06,292 --> 00:09:08,025 and they erase their name. 180 00:09:08,799 --> 00:09:12,523 And it sounds simple, but it is a spiritual experience. 181 00:09:13,420 --> 00:09:16,713 And people are applauding, and they're crying. 182 00:09:17,277 --> 00:09:19,903 And for the families that are just starting that journey 183 00:09:19,927 --> 00:09:22,172 and are sitting in the back of the room, 184 00:09:22,196 --> 00:09:24,387 for them to know that there's a finish line, 185 00:09:24,411 --> 00:09:27,974 that one day, they too might be able to bring their loved one home, 186 00:09:27,998 --> 00:09:30,283 that they could erase the name, 187 00:09:30,307 --> 00:09:32,363 is profoundly inspiring. 188 00:09:34,466 --> 00:09:36,950 We're training organizations all over the country now 189 00:09:36,974 --> 00:09:38,722 in participatory defense. 190 00:09:38,746 --> 00:09:41,681 And we have a national network of over 20 cities. 191 00:09:42,032 --> 00:09:44,619 And it's a church in Pennsylvania, 192 00:09:44,643 --> 00:09:47,888 it's a parents' association in Tennessee, 193 00:09:47,912 --> 00:09:50,134 it's a youth center in Los Angeles. 194 00:09:50,614 --> 00:09:53,970 And the latest city that we just added to the national network 195 00:09:53,994 --> 00:09:56,146 to grow and deepen this practice 196 00:09:56,170 --> 00:09:57,495 is Philadelphia. 197 00:09:58,066 --> 00:10:02,211 They literally just started their first weekly participatory defense meeting 198 00:10:02,235 --> 00:10:03,385 last week. 199 00:10:04,465 --> 00:10:09,116 And the person that we brought from California to Philadelphia 200 00:10:09,140 --> 00:10:13,315 to share their testimony, to inspire them to know what's possible, 201 00:10:13,339 --> 00:10:14,656 was Ramon Vasquez, 202 00:10:15,673 --> 00:10:19,426 who went from sitting in a jail in Santa Clara County, California, 203 00:10:19,450 --> 00:10:21,680 to inspiring a community about what's possible 204 00:10:21,704 --> 00:10:25,609 through the perseverance of community across the country. 205 00:10:27,145 --> 00:10:32,343 And with all the hubs, we still use one metric that we invented. 206 00:10:32,676 --> 00:10:33,891 It's called time saved. 207 00:10:33,915 --> 00:10:36,855 It's a saying that we actually still say at weekly meetings. 208 00:10:36,879 --> 00:10:40,561 And what we say when a family comes in a meeting for the first time is: 209 00:10:40,585 --> 00:10:42,887 if you do nothing, 210 00:10:42,911 --> 00:10:46,121 the system is designed to give your loved one time served. 211 00:10:46,681 --> 00:10:51,093 That's the language the system uses to quantify time of incarceration. 212 00:10:52,070 --> 00:10:55,807 But if you engage, if you participate, 213 00:10:55,831 --> 00:10:59,058 you can turn time served into time saved. 214 00:11:00,061 --> 00:11:03,449 That's them home with you, living the life they should be living. 215 00:11:04,166 --> 00:11:08,018 So, Carnell, for example, would represent five years of time saved. 216 00:11:09,277 --> 00:11:12,038 So when we totaled our time saved numbers 217 00:11:12,062 --> 00:11:14,561 from all the different participatory defense hubs, 218 00:11:14,585 --> 00:11:17,434 through the work in the meetings and at court 219 00:11:17,458 --> 00:11:20,118 and making social biography videos and packets, 220 00:11:21,387 --> 00:11:26,886 we had 4,218 years of time saved from incarceration. 221 00:11:28,601 --> 00:11:31,743 That is parents' and children's lives. 222 00:11:32,212 --> 00:11:34,942 Young people going to college instead of prison. 223 00:11:34,966 --> 00:11:38,149 We're ending generational cycles of suffering. 224 00:11:39,042 --> 00:11:43,434 And when you consider in my home state of California, 225 00:11:44,430 --> 00:11:49,632 it costs 60,000 dollars to house someone in the California prison system, 226 00:11:50,585 --> 00:11:54,247 that means that these families are saving their states 227 00:11:55,363 --> 00:11:56,596 a ton of money. 228 00:11:56,990 --> 00:11:59,846 I'm not a mathematician, I haven't done the numbers, 229 00:11:59,870 --> 00:12:03,207 but that is money and resources that could be reallocated 230 00:12:03,231 --> 00:12:05,516 to mental health services, 231 00:12:05,540 --> 00:12:08,484 to drug treatment programs, to education. 232 00:12:10,016 --> 00:12:13,592 And we're now wearing this shirt in courts 233 00:12:14,593 --> 00:12:15,997 all across the country. 234 00:12:16,347 --> 00:12:18,086 And people are wearing this shirt 235 00:12:18,110 --> 00:12:22,323 because they want the immediacy of protecting their people 236 00:12:22,347 --> 00:12:23,497 in the courtroom. 237 00:12:24,407 --> 00:12:25,952 But what we're telling them is, 238 00:12:25,976 --> 00:12:29,725 as practitioners, they're building a new field, 239 00:12:29,749 --> 00:12:31,551 a new movement 240 00:12:31,575 --> 00:12:35,622 that is going to forever change the way justice is understood in this country. 241 00:12:36,683 --> 00:12:37,834 Thank you. 242 00:12:37,858 --> 00:12:41,412 (Applause)