L.A. Dad Faces Third Strike on Weak Charges
New America Media, News Report , Kenneth Kim, Posted: Aug 02, 2008
Editor's Note: Despite a lack of evidence against him, an L.A. resident could be convicted of his third felony and serve 25 years to life under California's three strikes law. The new father, who recently turned his life around, doesn't deserve such punishment, friends and advocates say. New America Media writer Kenneth Kim reports from Los Angeles.
LOS ANGELES – Darkness still shrouded South Los Angeles in the early morning hours of Dec. 13, 2007, when authorities raided the house of Edmond Brandy, a 32-year-old man with two prior felony convictions, to search for a handgun that he had allegedly aimed at a passing car two months earlier on an Orange County freeway. The officers and detectives from California Highway Patrol found no gun but arrested him.
Seven months later, charged with brandishing a weapon at motorists and possession of a firearm by a felon, Brandy is fighting for his life and his family, which he just started building after getting out of prison two years ago.
Under California’s three strikes law, this oil refinery worker now faces 25 years to life in prison if convicted.
Brandy and his wife, who were childhood friends, met again in church after he got out of prison and were married a little over a year ago. Now he faces losing her and his 11-year-old daughter and 2-year-old son.
As a teenager, Brandy drifted away and started hanging out with a group of troublemakers. After the death of his mother, at 19, he and his friends robbed a Beef Bowl with a BB gun. While he was serving the sentence for the robbery, he got involved in a fight in the prison yard, earning his second conviction.
Since getting out of prison, Brandy has worked to change his life, dedicate himself to his family and help at-risk teenagers make the right decisions.
Now he risks losing it all in what his family calls a blatant injustice.
“Even a judge saw the lack of evidence in my husband’s case,” said Raeleen Taylor Brandy, a behavior therapist for delinquent juveniles. “He’s never owned a gun in his life.”
The episode was set in motion in the morning of Oct. 26, 2007, when Adrian Arias called 911 at about 8 a.m. to report a road rage incident on the eastbound freeway 91 in Orange County, telling the authority that the driver of a Volkswagen had threatened Arias and his three fellow passengers with a gun.
According to the police report, Arias was driving his 1992 Chevrolet in the carpool lane, going 40 to 50 mph because of the poor visibility caused by the dense fog. A Volkswagen that had been tailgating Arias’s car reportedly came within one foot of the car, and Arias tapped on his brakes. The other driver started honking his horn and flashing his headlights and then swerved into the next lane over so he was parallel with the car. Johanna Hipolito, who was sitting next to her boyfriend in the front passenger seat, flipped off the other driver with her middle finger. The other driver responded with the same gesture.
During the confrontation, according to Arias and Hipolito's statements, the other driver suddenly rolled down his a passenger window and aimed a handgun at them.
The California Highway Patrol conducted a two-month-long investigation into the incident, and discovered that the registered owner of the Volkswagen was on active parole for committing an armed robbery.
Brandy isn’t the first person to face life in prison under California’s three strikes law, which doubles the sentence of second-time felons and mandates 25 years to life imprisonment for those convicted of a third felony.
The law aims to curtail felons from committing more violent crimes, yet groups advocating for its reform say that in practice it targets less violent, older offenders, and only contributes to an already overcrowded prison system. A report released by the Sentencing Project of Washington, D.C., a liberal think tank, indicates that, in the first five years after the 1994 law took effect, in nearly six of 10 cases in which offenders were imprisoned for 25 years to life, their third conviction was for a property, drug or other nonviolent crime.
Groups like Families to Amend California's Three Strikes also claim that enforcement of the law discriminates against blacks and Latinos. Seventeen times more blacks have been charged under the law compared to whites in Los Angeles County. Forty-five percent of those who receive a third strike sentence are black, and 26 percent are Latino.
Brandy, who rebuilt his family after serving 10 years for the crimes he committed as a teenager, told police that the 91 Freeway is a route he used to go to work. But he denied any involvement in the confrontation.
His attorney and family have raised questions about the truthfulness of the witnesses’ statements.
At a court hearing in early July where more than 20 supporters of Brandy showed up, Adrian Arias couldn’t positively identify Brandy as the person who threatened him and his girlfriend with a gun, although he had previously picked out his mug shot from a photo line-up of six suspects.
The victims’ descriptions of the gun that Brandy allegedly brandished are inconsistent. Arias and his girlfriend told the police they saw “a black gun with a round barrel.” However, Ray Monroy, the third victim sitting in the left rear passenger seat, described it as “a nickel-plated semiautomatic weapon with a square type barrel.” The district attorney’s office wasn’t able to produce Monroy as a witness at the preliminary hearing because he couldn’t be located - the fourth victim is Arias's 2-year-old son.
The weapon that was allegedly brandished at the victims has not been found.
Before sending the case to trial, Judge James O. Perez, who presided over the preliminary hearing, questioned whether the prosecution would be able to convince the jury beyond a reasonable doubt with the evidence it has.
“The burden of proving the defendant’s guilt beyond a reasonable doubt is not required in evidentiary hearings,” explained Judge Perez, who added, “If I were sitting in the jury, I wouldn’t vote for a conviction.”
“How can a fellow be arrested based on a he-said accusation, and then be placed behind bars without any evidence whatsoever?” asked Deborah Brandy, the sister of Edmond who works as an elementary school principal for the Los Angeles Unified School District. “This is a grave injustice we’re looking at. As Dr. King so eloquently stated, an injustice anywhere is threat to justice everywhere.”
“Ex-convicts on parole often go back to prison,” added Raymond Taylor, Brandy’s father-in-law. “But Edmond turned his life around and was leading an exemplary life.”
Related Articles:
From Hustler to Family Man: Ex-Con Goes Home
Fewer Felons Returning to Illinois Prisons
Black Panthers Released From Solitary Confinement
Three Strikes Law Strikes Out Latinos, African Americans
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User Comments
andrea parker on Aug 23, 2008 at 17:59:41 said:
to edmond brandy, the truth will set you free remerber to trust god because he knows that you are telling the truth, hold on edmond god loves you my brother. edmond we are all praying for you minute, hourly and daily and keep your faith, keep on smileing study the words of god and of the law of our land american study edmond study. we all love you and your family.love aunt andrea parker and family here in alaska
Gregory Butler on Aug 12, 2008 at 17:28:02 said:
Gregory Butler
What\'s taking so long to release Edmond Brandy? I read the story and it\'s disturbing! 99.9% of police departments in Orange County are racist and not fair towards blacks. I know how law enforcement is, I had a story in a local newspaper, I was a black officer that was forced to resign from County Police. There is a lack of evidence in this case, and it frustrates the hell out of me because this man has a wife and kids at home. We need to stage a rally and get more support from the media and air the story in a larger paper such as L.A Times. When the 3 strike law first passed a childhood friend was looking at 25 to life for carrying a concealed weapon. Back then Gil Garcetti was the DA and let his friend\'s son off the hook with 18 months when he should have been sentenced under the 25 to life law. My friend\'s attorney got hold of the information and it aired in the L.A Times. They didn\'t want to blow this whole thing out of proportion and wanted to sweep it under the rug so my friend was offered a plea bargain for 7 years and he served 5............ Lets not be quiet about this incident with Edmond Brandy, lets speak out. Most latinos hate blacks and in my opinion they chose the first one they saw on the six pack. Had Edmond really done this, the other witness wouldn\'t have disappeared. He will go to trial in OC with an all white and latino jury and they will find him guilty based on he\'s black, and his past record. We have to get busy, lets do something about this before it\'s too late!!!
Kathy on Aug 09, 2008 at 08:26:08 said:
This is why we need to do away with the mandatory minimums at the Federal and State level. More and more people are being incarcerated for ridiculous charges because they do have strikes against them. Also, many of the mandatory minimums, without any strikes are to harsh. We need the punishement to fit the crime. We have over reacted because of media portrayal of the most heinous crimes. This gives rise to mass hysteria to the general public and harsh laws are passed, with blanket minimum mandatories, and without any thought to the future and what it would mean to an individual and their families. I believe that people should be punished for crimes, but now the United States has 1 out of every 99 Americans in prisons. This is way to many.
Window on Aug 05, 2008 at 16:44:33 said:
First and foremost, I would like to applaud Mr. Kim on his article which has generated another look into the 3 Strikes law. This law was intended to make sure that violent offenders would not have continued opportunities to strike fear into the lives of law abiding citizens; however far too often it has been applied in situations that do not warrent 25 years of someone's life. Several years ago, a person was charged with a third strike after taking a slice of pizza from someone. No weapon nor physical violence was involved the this incident, but 25 to life was the sentence that this person was facing. Although we need to be vigilent in our attempts to rid our society of the inexcusable violence that often occurs, we need to reexamine the injustices that arise through our "one-size" fits all generalizations and biased driven attempts at justice.
The Edmond Brandy case is a true fleecing of tax-payers dollars. (Mr. Kim, why is your story just now surfacing?) If you, the reader were Edmond Brandy, would you feel that your life should be in such disarray do to shaky at best, but meritless charges.
Let's look at the facts in the present, and not judge this situation on the very unsmart mistake that a teenager made. By the way, it was a BB gun. If indeed he had the true steet thug mentality, do you honestly think that he would have used a BB gun to rob a Beef Bowl? (He served 10 years for a robbery with a BB gun??) Even if you tack on extra time for a prision yard fight, does that warrent 10 years?
Mr. Kim, why did you not provide us with more insite to the case? I feel as though you have begun a sequel and now that you have us hooked that you will provide more information on this story in the upcoming weeks. It appears as if Orange County dropped the ball and is searching for straws. And if this is the case, why hasn't the ACLU, or the NAACP, or any other organization for human rights been involved to get to the bottom of what is really happening here? There appears to be so many holes in the DA's case.
1. It takes two months to locate a two strike ex-con with a felony conviction?
I would think that we would want to locate and apprehend this individual as soon as possible.
2. Within three years of being released from prision, he has a 2-year old son, got married, works at an oil refinery, attends church, and works with at-risk teenagers? What more is our society asking of our so called rehabilitations facilities? Puts all of this at risk because he was given the middle finger by a female who had two witnesses in the car? Hard to understand?
3. Poor visiblilty because of dense fog. The driver or passenger were able to report that they suspect's car came within one foot of the victims car? Oh by the way, the drive was unable to truthfully state that Mr. Brandy was the perpetrator.
4. He rolled down his passenger's window (on a densely foggy day) to point a weapon at the victims. As a driver, how do I notice the color of the barrel of any object pointed at the rear view window on the passenger side of another vehicle, even if the driver switched lanes and drove by, that still would be difficult to do especially if I have my child in the car while on the freeway, on a foggy day.
5. Three witnesses, but the district attorney's office was unable to "locate" the third witness who was in the rear passenger seat. Isn't seven months enough time? It took them two months to find Mr. Brandy.
6. No weapon was ever found. If someone is so brazen to brandish a weapon while on the freeway with three potential witnesses in a car, don't you think that that individual would retain the gun? And if they didn't, don't you think that after two months they would have acquired some type of weapon?
7. A judge would have a difficult time voting for a conviction.
I have served as a juror several times, and is a shame that Orange County would waste tax-payers dollars on such a weak case. Other than Mr. Brandy's act at 19 years of age, and his prision fight, I find it hard to find a case. Putting personal biases aside, what are your gut reactions if you were the 1) alleged victims, and 2) Mr. Edmond Brandy?
Mr. Kim, I look forward to a follow-up on this and or other similiar situations.
Rene in Carson, California on Aug 03, 2008 at 23:28:28 said:
After reading this article it has become VERY clear that our justice system is working (AGAINST BLACK MALES)… Continue to be strong!
MB an African-American Male in Los Angeles on Aug 03, 2008 at 23:15:19 said:
This is so unfortunate for Edmond and his family. I am an educated African-American male that grew up in California in the city of Compton; I have seen and heard of this happening over and over again. We are in a cycle of injustice that does not appear to have an ending point and as others are suffering though the economy, everyone is looking for someone to point fingers at instead of themselves. Who suffers? More and more innocent people are being made out as victims.
A concerned Parent and Tax Payer on Aug 03, 2008 at 19:51:17 said:
Kenneth Kim, have you interviewed the Orange County DA's Office? If so, are planning to post the story or comments? I feel that the public would like to hear from the DA's Office. Hopefully, he or she will explain why they are doing this to this MAN and wasting TAX payers money!!!!!!!
Lamar Clark on Aug 03, 2008 at 16:17:05 said:
Gov. swartzlier stated he'd release those convicted of minor drug use offenses, if elected. After he won, he said "keep them behind bars". California will pay the mounting medcal expenes, for housing these three strikers, whom are almost seniors already....
Brad Arrington on Aug 03, 2008 at 11:03:13 said:
Where do I begin? This case really takes the very low road that the very injustice system of countless African American men face more often than not. I try to understand but I honestly cannot begin to comprehend how the DA (most likely very white) can want to take such a hearsay "BS" case forward. They must really enjoy what they do to the extreme. I am so very sure that if "Mr. Brandy" were very white he would not be in this situation. Wow, the injustice system has not moved forward very much at all. This sounds like something that should be flushed down the toilet. this is good old school racism to say the least.
TC on Aug 03, 2008 at 10:28:25 said:
The people in the car who say they were threatened can't get their stories straight. Adrian Arias, the driver, couldn't positively identify Brandy at the preliminary hearing. So the prosecution has a shaky ID and inconsistent descriptions of a gun the police can't find. Why do they want to bring this case to trial? Even the judge at the preliminary hearing is puzzled. Brandy should not be exposed to the risk of 25 to life on such meager evidence. Three strike laws compound the tragedy of wrongful convictions. Let's hope the prosecution decides to drop the charge before it goes to trial.
Connie on Aug 03, 2008 at 10:22:06 said:
Orange County Courts.. Justice or Injustice!!
by Connie on Sun Aug 03, 2008 at 11:46:26 AM EST
California's Orange Country Courts are they the justice or injustice system? Not many reporters speak out of the injustice that minorities encounter in the court rooms anymore! Reading about the facts that were presented and the statement made by the Arias\'s and the judge, its sad to say that even though Mr. Brandy tried to avoid contacts with law enforcement;he made a new life for himself by working in a refinery,getting married, has a family to support, those in positions of authority along with society have labeled him deviant, no matter what accomplishments he has made to shed his past. What is our world coming to when anyone can call police and say he or she done this to me, and have law officers come to arrest you w/out evidence and your life is then turned upside down,over hear say evidence!??
Hellothere on Aug 03, 2008 at 10:16:48 said:
by hellothere on Sun Aug 03, 2008 at 10:58:53 AM EST
This guy doesn't sound like the brightest light bulb out there and probably not the ideal citizen either, but to take away his life for such flimsy evidence isn't right.
qittieqat on Aug 03, 2008 at 10:14:54 said:
By qittieqat on Sun Aug 03, 2008 at 07:18:20 AM EST
There is way to many people being charged with crimes who are innocent. With NONE of the "victims" able to positively identify him AND the stories being different, it is a wonder that this case made it this far. MAYBE the cops want to close a case. But that shouldn't be OK with the citizens of the area. The real culprit is still OUT there. Kick the guy free and look for the real perp. Just my humble opinion. Someone who has been accused of things in the past that I didn't do (non criminal).
DB on Aug 03, 2008 at 10:09:35 said:
This guy Committed armed robbery when he was 19. Was sentenced for a prison fight (prisoners need to be charged for prison violence to protect other prisoners; would you prefer that the guards look the other way and let the inmates fight among themselves?) Is charged with a third crime. If there is no evidence then he'll be acquitted. Thus, no third strike. If he actually is still pulling guns on people then maybe he really is a recidivist dangerous hothead and needs 25 years in prison for the protection of those of us on the outside.
DB on Aug 03, 2008 at 10:05:19 said:
He'll be acquited...I don't have that much faith in the justice system, which is why I can't get down with 3 strike laws.
Why is tha LA DA bringing such a weak he said/he said case to trial? Do they get a bonus or a blue ribbon for a 3rd strike conviction or something? It makes no sense...
Looks like this guy made a terrible mistake at 19, no argument there. Can't fault him for the prison fight though...in prison it's fight or die. There is evidence he's turning his life around...he's got a job and a wife.
By any sense of justice there is no way he should be up for 25 years. Everyone is talking about crime...Tell me who are the criminals
- Peter Tosh
Nonie on Aug 02, 2008 at 23:43:35 said:
First of all I'd like to thank Mr. Kim for an outstanding article of California's courts not justice but injustice system. Not many reporters speak out of the injustice that minorities encounter in the court rooms anymore as he did, Bravo Mr. Kim!
Reading about the facts that were presented and the statement made by the Arias's and the judge, its sad to say that even though Mr. Brandy tried to avoid contacts with law enforcement;he made a new life for himself by working in a refinery,getting married, has a family to support, those in positions of authority along with society have labeled him deviant, no matter what accomplishments he has made to shed his past.
What is our world coming to when anyone can call police and say he or she done this to me, and have law officers come to arrest you w/out evidence and your life is then turned upside down,over hear say evidence!??
I will be looking forward to read the outcome of this trial of injustice Mr. Kim!
AB in Los Angeles on Aug 02, 2008 at 20:49:31 said:
Thanks for sharing this. I am speechless regarding this case. I will keep Edmond and your family in my prayers. Kenneth Kim, please keep us posted on the developments of his case.
geri on Aug 02, 2008 at 20:27:26 said:
I am interested in getting in touch with the family to offer the support of Families to Amend California's Three Strikes - FACTS. I can be reached at 213.746.4844. Website address is www.facts1.com
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