Zuniga v State of California

Many people of color are dealt legal injustices simply because the court feels "no one is watching ".

In what is viewed as a significant victory by Johnny Zuniga's Public Defender, Constance Isratescu,
Judge William Monroe dropped the major charge of premeditated murder and handed down a series of mid-term sentences equalling a total of 16 years.

Monroe stated that as the "13th juror, I find the charge of premeditated murder not to apply to this case ". Zuniga, who faced 25 years to life, will be eligible for parole in 5 years and will have his time already served (404 days) taken off the 16 years.

Ms. Isratescu replaced private attorney Anthony Contreras, who tried the case and was replaced after a conviction had already taken place.
The much maligned Contreras, who Judge Monroe referred to openly as a "turkey", was scorned by many who were able to cite many instances of incompetence or indifference which ranged from calling his own client (Zuniga) as a hostile witness to visiting his client only once in jail, nearly seven months before the first courtdate.

Though Zuniga was not granted a new trial based on the incompetence of Contreras, the motion deliberation requesting a new trial (Dec 7th) lasted nearly 6 1/2 hours, and, according to many who observed was a "pressure packed" session which which included a passionate argument from Isratescu who stated that one key witness, a court appointed psychiatrist who, according to Isratescu, wanted to testify to Johnny's "post traumatic" syndrome after finding out that his sister was raped, was simply not called by Contreras .

According to Isratescu , it was the "actions of scores of community participants, many of whom sent in dozens of letters and faithfully attended the court dates, which made the difference.
When the judge, the jury and the prosecutor of any courtroom look up and see a full courtroom, believe me they will think long and hard about the verdict they are about to hand down. I can't tell you how many young people of color are dealt a 'bad card' in the judicial system simply because no one is watching."
"Practically every case I try in Santa Ana is played out in front of a empty courthouse. Community activists and leaders must find ways to provide some sort of protection to make sure in regards to these sort of cases that there is a significant amount of purview or oversight".

Zuniga , whose retaliatory gunshot grazed the man convicted of raping his 17 year old sister, was originally convicted of premeditated attempted murder, with District Attorney Randy Polansky arguing that Zuniga was simply "gang banging" and had planned out his crime for days before.
Isratescu countered this argument repeatedly by turning to the courtroom and pointing out to Judge Monroe everyone that showed up at the courthouse once they heard about this case;
"Again I ask the court, would all these people from the community show up here today if they felt that Johnny was acting out on behalf of Santa Ana's Southside gang" ?

The Zuniga family would like to thank all who contributed to this wonderful effort of solidarity and hope that you help them to keep up Johnny's spirits during his term in prison.

Refer to the newly created Social Justice webpage of the Orange County Green Party or for Johnny's new address.

Thanks to all,
Jeffrey A. Pilch, OC Green Party

Ineffective Assisistance of Counsel (I.A.C)

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