San Francisco public defender urges no drug charges for trafficking victims
SAN FRANCISCO - San Francisco public defender Mano Raju stood on the front steps of the San Francisco Hall of Justice on Bryant Street on Tuesday and said a man acquitted of drug charges was a victim of human trafficking.
At the news conference, the San Francisco Public Defender's Office called for District Attorney Brooke Jenkins to stop charging immigrants who are coerced to sell drugs.
"There are many other cases like this in the pipeline, and we have, through careful work with our clients, encouraged them to have the courage to actually tell their stories," said Raju. "There are a lot of people around the state and around the country who have not, but it's really important for the truth to come out in the courtrooms and the jurors have a chance to really listen and make their determination if someone is a victim of human trafficking."
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Deputy Public Defender Kathleen Natividad played a recording of one man's statement in Spanish. She said he was 17 years old when he tried to escape poverty in Honduras and a trafficker brought him to the U.S. with the promise of work.
"He got to the United States. He was forced to sell drugs. He was arrested various times," Natividad said.
Defense attorneys said the man feared police and feared for his life, but agreed to testify in court as he faced three charges of drug possession for sale involving meth, fentanyl, and cocaine base.
Under a 2022 amendment to California's penal code 236.23, victims of human trafficking can be acquitted of crimes if they were coerced with the threat of harm.
At the rally, defense attorneys said the district attorney should be helping their clients instead of charging them.
"A jury of 12 San Franciscans said they believe he is a victim of human trafficking under sworn testimony before a judge, and they still have not reached out with any services from victim services," Elizabeth Camacho, a deputy public defender in charge of felony crimes said.
Jenkins responded, saying there was no truth to the signs at the news conference that claimed her office was working with federal immigration officials on deportations or that she was ignoring trafficking victims.
"We have no evidence that he was actually trafficked and if he would like to cooperate with law enforcement to disclose what's happening and to give further information, then of course law enforcement would look into that," Jenkins said.
She added, "My office has never coordinated with ICE (U.S. Immigration and Customs Enforcement) or any immigration officials. We abide by sanctuary city and the policies in place in San Francisco."
She noted that there is one attorney who has been temporarily assigned to work with federal prosecutions, but added that they put safeguards in place.
"We worked very hard to create guardrails so that he is still in compliance with the sanctuary city policies of the city and county of San Francisco. He does not have any contact with ICE or immigration officials," Jenkins said.
At the rally, the public defender's office called for the district attorney to help their client obtain what's called a "T-visa" or "U-visa" that allows trafficking or crime victims to stay in the United States.
The Free SF coalition of organizations that fight for immigrant rights gathered on the steps of the Hall of Justice with public defenders to celebrate the 'not guilty' decision while also asking that Jenkins sign the visa certifications for labor trafficking survivors so they can legally work.
"Jenkins needs to accept the fact that human trafficking is here and that her community is being victimized," said Camacho. "She needs to come out and protect them, instead of charging them with crimes, keeping them in jail and victimizing them."
The district attorney said she remains skeptical that the client was a victim.
Jana Katsuyama is a reporter for KTVU. Email Jana at jana.katsuyama@fox.com. Call her at 510-326-5529. Or follow her on Twitter @JanaKTVU and read her other reports on her bio page.