Saturday, February 25, 2017

Human Rights, Human Wrongs


Mexican American Jailed for eight years
This month, on 8 February 2017, Rosa Maria Ortega was sentenced to 8 years in prison and fined 5000 USD on two counts, both sentences to be served concurrently. Had she been born just four months later than she did, she would be free and with her four children today.

USA had annexed Mexican Texas in 1845
In 1979, Rosa was born in Monterrey, Mexico. Her mother carried her as an infant through the Laredo USA-Mexico border.  Laredo, on the north bank of the Rio Grande river, is in Texas, USA and Nuevo Laredo, on its south bank, is in Mexico. Over the years, this is one of the crossing points where Mexicans have risked crossing into Texas. They may have a sense of entitlement. After all, in 1845, the USA had annexed Texas. Before that, it had belonged to Mexico.

Rosa’s parentless growing up
In 1979, crossing the border was much easier than it is today, and Rosa’s mother settled down in Dallas with Rosa. Rosa’s two brothers, born in 1981 and 1983, were American citizens by virtue of their birth. In a few years, Rosa’s mother, an illegal immigrant, was deported back to Mexico, but her children were allowed to remain in the USA. In any case, apart from Rosa, the other kids were American.

Rosa had a learning disability, and gave up school after the sixth grade. She needed to work and couldn’t afford to spend time in school. Without parents, the kids couldn’t simply live on food stamps. As Mexicans often do, Rosa did all sorts of lowly paid jobs, earning the minimum wage when lucky, or getting cash at lower rates.

As often happens with little educated Mexicans, Rosa married young, and by the time she was 24, already had four children. Again, as sometimes happens with husbands, after marrying and having four kids, the husband left Rosa, leaving her to look after the kids.
Rosa continued to work in as many jobs as her body and spirit managed; coming home to her four children was her daily reward.

Registering to vote
As a conscientious person, she wanted to register as a voter. She applied and was confused with a question on the form offering a binary choice. Are you a (a) citizen (b) non-citizen? The form for driving licence had a choice that said ‘permanent resident’. This form didn’t. Except for the first few months as an infant, Rosa had spent her whole life in the USA. Her accent was American, she spoke with her children in English, she considered herself to be a proud citizen of the USA. She ticked the box saying she was a citizen, and got a voter ID.

Rosa was a Green Card holder, and only the dread of filling dozens of forms had stopped her from applying for citizenship. Her siblings and children were all American citizens.

Rosa was a registered Republican. In 2012, she voted for Mitt Romney. In 2014, she voted for Ken Paxton in the Republican primaries. Following that election, Ken Paxton became the Attorney General of Texas.

Meanwhile Rosa was in love again. Her fiancé Oscar Sherman, a truck driver, and she were seriously discussing plans about marrying, possibly in 2017. They moved to Tarrant county, very close to Dallas.

When you move counties, you need to register afresh to get a local voter ID. Rosa, a diligent voter, reapplied for voter registration. She was denied registration, because she was not a citizen. ‘But I have voted in the past,’ she said, ‘in Dallas I was allowed to vote without difficulty, why not now?”

Arrest and Trial
The authorities noted her words, dug up her voting record. On Friday, 6 November 2015, she was indicted and arrested for voter fraud. Ironically, this Mexican semi-literate woman was charged with a ‘white collar crime’.

Life is full of strange coincidences. The person in charge of her case was Ken Paxton, the attorney general of Texas, for whom she had voted in 2014. Clark Birdsall was Rosa’s attorney. He was confident the case would be dismissed. Rosa was genuinely confused about the difference between a citizen and a resident. She had spent her entire conscious life in the USA. Her voting had no criminal intent; she had not materially gained anything by voting; it had not influenced any result. (In fact, Romney had lost).

Birdsall decided he should get more women on the jury to gain sympathy for the single mother of four children. The final jury panel was made of ten women and only two men. (A blunder, women are ruthless and vicious when dealing with other women, men are more humane – R.)

Mexican Wall and Voter Fraud
Meanwhile, Donald Trump was elected as a president. He planned to build the most beautiful wall between the USA and Mexico. He would like to deport all illegal and undocumented people to Mexico (irrespective of where they came from, believe it or not). Before his election, he talked of possible rigging and after he was elected he hollered ‘voter fraud’ as the reason he didn’t win the popularity vote. On 25 Jan, his tweet said: “I will be asking for a major investigation into VOTER FRAUD…”

Plea bargain rejected
At the beginning of this month, on 3 February, 2017, Rosa was told by her lawyer that her case would be dismissed. Mr Birdsall had tried negotiating a plea bargain. Rosa should agree to testify on voting procedures before the Texas Legislature. In exchange, the charges against her would be set aside. Of course, Rosa agreed to it. Her sense about her country’s justice and fairness was reaffirmed. In a week, this nightmare should be over, in a few months, she would be able to marry Oscar.

However, last minute, the Tarrant County criminal district attorney, Sharen Wilson, (another woman) vetoed the deal. She insisted on a “trial that would showcase her office’s efforts to crack down on election fraud.”

The jury panel of 10 women and 2 men deliberated, not for too long, and on 8 February, pronounced Rosa guilty on two counts (illegal voting in 2012 and in 2014). For each count she was given 8 years imprisonment, and a fine of USD 5000. Fortunately for Rosa, both sentences would run at the same time, rather than consecutively. After her spending 8 years in prison, she would be deported back to Mexico. A convicted felon, a non-citizen, is sent to the country she came from.

Ken Paxton, the attorney general, triumphantly summarized: “The case shows how serious Texas is about keeping its elections secure.”
*****
Analysis
Citizen vs. Resident
In most European countries, permanent residents are on par with citizens as far as voting rights are concerned. In England, even Indian passport holders with PR (Leave to Remain) status can vote in all elections. EU citizens, Irish citizens and commonwealth citizens (including countries such as Pakistan and Nigeria) with resident status can also vote in England. USA has almost 15 million Green Card holders. More than half of them haven’t, like Rosa Ortega, converted that status into citizenship, though eligible. What’s the point of depriving them of their voting right?

Rosa and other green card holders can own property; serve in the military; get a job; pay taxes. But they can’t vote.

A person doesn’t change by changing documents that identify her.

The political franchise process in the USA has been slow. Before 1870, only white men who paid taxes were allowed to vote. In 1870, non-whites and in 1920 women were allowed. Poll tax was removed in 1964, not before John Kennedy was voted in by taxpayers alone. In 1971, the voting age was reduced from 21 to 18. As much as I know, that was the end of electoral reform in the USA. Nobody has made any attempts to include green card holders as voters. You have Rosa Ortega imprisoned for 8 years for voting diligently, and there is no punishment for the 50% of eligible voters who don’t vote.

Eighth amendment of the US constitution
The eighth amendment prohibits excessive fines or cruel or unusual punishment. Justice demands the sentences are proportionate and equitable.

Let’s look at some sentences given in the same county and jurisdiction in the past few years. (a) Javier Luis, 27, was sentenced to five years last year for murdering Jose Arista. (b) Christian Fuentes, 21, was sentenced to five years in 2015 for sexually assaulting a drugged woman. (c) Jason Tomilson, 30, was sentenced in 2015 to one year for videotaping people undressing in a restroom, and probation for possessing child pornography. (d) Adam Cardinal, 27, was sentenced to four years for a road rage shooting (e) Desmond Campbell, 23, was sentenced to five years for robbing three men at gunpoint and striking them with his weapon.

In short, Rosa’s crime is adjudged more severe than a murder, sexual assault, illegal videotaping, road rage shooting, and robbery.

As far as voter fraud cases in the same court are concerned (f) Hazel Woodard pleaded guilty to voter fraud where she had made her son vote on behalf of his father. In 2015, she received a two year probation. (g) Sonia Solis, who voted five times in five different names on absentee ballots, received six months home confinement and a five year probation.

Of course, Hazel Woodard and Sonia Solis were white and full-fledged American citizens. (And these rulings were carried out before Trump became President).

Letter and Spirit of the Law
The United States of America, for centuries, has been an icon for the rest of the world in matters of liberty, justice, independent judiciary and independent media.

The purpose of justice is to serve the spirit of the law. When laws are well written, the letter and the spirit are capable of delivering the same verdict. But fairness demands that human judgment is used to uphold the spirit. If it were not that, computers and robots can interpret and deliver judgments based on the printed letter of law.

The case of Rosa Maria Ortega is a stark example of how the US judiciary is in danger of getting influenced by the political thuggery of the new administration.

Ken Paxton, the attorney general who presided over this case, is himself charged with two first degree felonies for securities fraud. In October 2016, the Texas high court refused to halt the fraud trial against him. His trial will begin next month. It is possible his sycophant handling of this case could reprieve him.

More worrying is the limited coverage by the US media. Wall Street Journal wrote an editorial on Rosa Maria Ortega saying: An individual case of voter fraud is not a violent felony. And then the US media went silent. No petitions, no appeals, no protests. Rosa is imprisoned and not likely to come out for eight years. She may not have money for appeals. Her lawyer seems to have given up. Oscar Sherman can’t marry her, and is denied custody of the children because they were not married.

USA, for years a self-professed champion of Human Rights across the world, has callously committed a blatant Human Rights Violation. This may only be a beginning.


Ravi 

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