January 20, 2015

Sent to us by the author, Brett Redmayne-Titley.

Within the forced anonymity of cold, hard concrete walls and non-stop, overhead fluorescent lights, rap musician, Brandon, “Tiny Doo,” Duncan remains in jail. It’s been almost six months. Duncan has no criminal record and knows that he was not involved in any crime.

The San Diego City district attorney agrees.

However, a new fabricated crime, uniquely reasoned , intends to incarcerate Duncan for at least twenty-five years. Or the rest of his life. For this crime he is ostensibly guilty: music.

“Sorry to keep you waiting. That was good news,” smiles attorney, Brian E. Watkins, as he leads the way from the waiting room into his private downtown San Diego office. Closing the door he continues, “That was the ACLU (American Civil Liberties Union). They’re going to be filing an Amicus Brief in support of our case.” The ACLU, thankfully, combined with the efforts of attorneys like Watkins, has been the historical bastion of Constitutional reason, fighting civil liberties violations effectively and aggressively for decades. They’re a very big hitter and Watkins knows it. The implicit and far-reaching issues of the Case of Brandon Duncan are quickly bringing others to attention. Watkins considers this a, “test case.” The ACLU apparently agrees.

Rightfully so.

“When I see this kind of injustice, I get fired up.” In an exclusive interview, defense attorney for “Tiny Doo” Duncan, Brian Watkins spoke about the injustice of the case against his client and its far reaching, ominous implications.”This case is going to set a huge precedent,” he continued. “That’s why this case is so important.”

In June of 2014, Brandon Duncan was just a guy growing up and trying to make a legal living for himself, his girlfriend Myra Arauz, her eleven year-old son, and their upcoming child, now finally away from the tough, gang infested San Diego inner-city suburb of Lincoln Park. Born in Lincoln Park, Duncan, like many of his friends, had once been affiliated with the Lincoln Park Bloods, but he had left all of that more than five years ago. Working a construction job laying tile and taking classes related to his music at a local community college, after getting away with his family to a better area of San Diego, he was moving on to better times away from the streets.

Then more than a dozen San Diego City Police burst into Brandon Duncan’s home, far from Lincoln Park, guns drawn, sunglasses glaring. He was arrested along with his equally innocent and pregnant girl-friend. Both had no idea what crime they were accused of. The cops were not saying.

Almost a year prior to his arrest, the Lincoln Park Bloods had allegedly been raising hell again. According to police, from May to July of 2013, members of the gang committed a series of crimes including attempted murder. For some unknown reason SDPD had no witnesses, weapons, or evidence to actually link all, or any, of the crimes to the Lincoln Park Bloods. Nor, the many other Hispanic, Latino and Asian gangs who also prowl the nights of San Diego causing 70% of recorded gang related crime. However, when SDPD brought the hammer down on gang violence, just fifteen African-American men were grabbed in one coordinated raid. At the same moment that fourteen other alleged gang members were looking down gun barrels, Tiny Doo Duncan was face down, hands behind his back, handcuffs much too tight.

According to attorney Watkins, Duncan was first added to the full list of gang defendants who were being charged with multiple felonies including nine charges of premeditated attempted murder. Before their arrest, or presentation of facts to a judge at the arraignment, bail had already been set at $1 million for each. “Later the District Attorney admitted there was no connection [ of Duncan] to the crimes,” states Watkins. “In fact there is still no victim, no witnesses… just some shell casings. That’s it.” Subsequently, despite such a poor case the judge would only reduce Duncan’s bail to $500,000, an apparently willful violation of the Eight Amendment due to the large bail being, seemingly, punitive.” Absolutely it is!” affirmed Watkins.

So, Brandon, “Tiny Doo,” Duncan has been in the Richard J. Donovan Correctional Facility for over six months. He is linked to five charges of “Shooting at Inhabited Occupied Structure, Penal Code sections 664/187/189 and 246,” only because of purported gang affiliations, and a promo CD from before the alleged crime. With no evidence, how, in America, is this possible? Answer: A combination of unconstitutional violations that already victimizes thousands of innocent Americans every year. A malicious prosecutor. A judge steeped in America’s new irrational direction of criminal justice. An oppressive bail.

And, Sect.182.5. If not for the prosecutor’s unique legal application of a recent law, California Penal Code Section 182.5, Brandon Duncan would be walking free. “Exactly!”, affirmed Watkins.

Making Music a Crime

SNIP

PART 2: http://www.westernjournalism.com/rap-music-pull-trigger-part-2/#IaZUziAoiMel9O16.97