Not all public defenders are public pretenders
But system is slanted against them and their clients

Presumed Guilty
World Premiere, March 10, 2002
San Francisco International Asian American Film Festival
Directed by Pamela Yates

Presumed Guilty is a documentary about the San Francisco Public Defenders
office. This topic, in and of itself, is an important subject for activists
fighting the Criminal Injustice System. But the film was made all the more
timely by the hotly contested San Francisco race for the office of Public
Defender which was won by Jeff Adachi, who is featured prominently in the film,
just days before the world premiere of the movie.

Public defenders are assigned as lawyers to people who can not afford to hire
private attorneys. They receive low pay and deal with some of the most difficult
cases, frequently burdened with heavy caseloads and little assistance, facing
pro-prosecution judges and a system slanted firmly against their clients. Based
on the public defenders featured in Presumed Guilty MIM concludes that San
Francisco enjoys a very dedicated office of lawyers working on behalf of the
people.

The movie does not attempt to present statistics or even rhetoric about the
criminal injustice system and it's clear bias in favor of the prosecution,
particularly of Blacks, Latinos and Asians, but the title of the film reveals
the message the filmmakers expect to convey to the audience. And by following
several cases defended by various lawyers in the public defenders office, the
message comes through loud and clear. One judge who upheld ridiculous motions on
behalf of the prosecution and illegally held one defendant in contempt without a
hearing was actually removed from his criminal bench and moved to civil cases
after the public defenders office challenged him in court. But victories like
this are few and far between.

During filmed trials the audience sees cops admitting to lying while trying to
coerce confessions, prosecutors making it clear that they believe everyone
arrested is guilty (and with the slip of the tongue encourage the jury to
presume guilt as well) and witnesses being paid thousands of dollars to testify
against someone. Racial profiling is highlighted with the arrest and prosecution
of a Black man whose crime was being out on the streets early in the morning
looking sleepy. This was the basis for prosecuting him for the crime of being on
crack. Even the highlighted cases in which the defendants are found guilty leave
the audience with more than small doubt about the correctness of their
conviction.

The film also presents background on the motivations of some of the public
defenders. Jeff Adachi's parents and grandparents were put in internment camps
during the war with Japan. Phoenix Streets' uncle was killed for being Black and
out on the streets after dark in the south. These are men who have seen
injustice personally and were motivated to fight it in a more systemic way.
Certainly not a revolutionary film, this movie still serves the anti-imperialist
struggle well by presenting the inherent failures of the criminal injustice
system. And it does not fool the audience into thinking that there is some easy
reform to fix the system. The public defenders are up against a system they can
not beat from within, but they do an important job until the day that this
system can be changed. And this is where MIM steps in and offers a revolutionary
alternative and we argue that the entire system has to be dismantled so that we
can build a system of real justice for the people of the world.

During the filming of the movie the elected head of the Public Defenders office,
Jeff Brown, resigned in January 2001. Mayor Willie Brown appointed his
goddaughter Kimiko Burton as interim Public Defender, explaining in his speech
that it was almost like appointing family to the position. Brown didn't even ask
for Jeff Adachi's (second in command to Jeff Brown) resume or consider him for
the position. In an interview Brown stated that he didn't consider any other
candidates, he had always thought Kim Burton should be in that position. Adachi
had announced his candidacy for the office of Public Defender a few years prior
so his aspirations were no secret. And as a 15 year veteran of the office,
clearly devoted to his work and supported by his colleagues, his experience was
not in question. Burton's first act was to fire Jeff Adachi as a part of a
"reorganization" of the office.

Adachi responded to his firing by waging a strong battle for the office of
Public Defender. He demonstrated his devotion to defending the people most in
need of his services by attending numerous radical political events throughout
the city. From anti-war rallies where he collected signatures to get on the
ballot to public meetings to fight police brutality in Hunters Point, Adachi was
truly out amongst the people working for his campaign.

Kimiko Burton raised more than $1 million to defend her appointed post. Adachi
raised less than $250,000. Burton's family has been a long time force in San
Francisco politics. According to the San Francisco Chronicle "Burton's father
turned to Sacramento lobbyists, political committees and interest groups that
often have business before the state Senate to raise more than $566,000 for his
daughter's race. Another $500,000-plus came from soft money -- donations exempt
from the city's $500 limit on individual donations."

One important political difference between Adachi and Burton relates to the
issue of taking cases to trial. Burton is in favor of plea bargains while Adachi
favors taking cases to trial. This may sound like a small disagreement, but from
MIM's experience with the criminal injustice system it is actually very
significant. Public defenders are pushed to take plea bargains (and often push
their clients to accept a plea) to cut down on their case work and the burden of
the courts. But MIM hears many stories from prisoners who were pushed into a
plea bargain even though they were innocent of charges or when going to court
would have likely resulted in a lower sentence. Taking cases to trial is often
the only way to fight a biased criminal injustice system. But it requires much
more work on the part of the public defenders. Adachi's support for this
demonstrates a commitment to his clients rather than an investment in the
political injustice system.

MIM is under no illusions that with Adachi in the office of Public Defender the
criminal injustice system will be fundamentally changed. But it is very much in
the interests of anti-imperialists to have public defenders working on the side
of the people as we fight battles within the system while building for the
overthrow of imperialism. Adachi is an ally in this battle.

MIM recommends the movie Presumed Guilty, along with a heavy dose of
revolutionary politics to offer the audience an alternative to the public
defenders and criminal injustice system highlighted in the film.