"Today, we have a person who manufactured concentrated cannabis, it is different from someone who manufactures meth."

A local man who turned his past around against all odds; a rigid criminal justice system that may condemn his future and a Public Defender whose advocacy should be lauded.

I would urge you to read the two previous links for Joe's story to understand the context of this post. We don't hear about the successes in the criminal justice system, the media does not cover cases that don't make headlines. Public defenders do not get to chose their clients. They fight for each client, regardless of who the person is, to get a second chance, a third chance and do not get any public glory.

I have written  the human story of certain cases; these are are your sons, your daughters, your friends, your neighbors and the challenge they face in Humboldt to turn their life around. It is a tragedy when someone does the right thing, turns his or her life around, only to be boxed in by cookie cutter laws.

Joseph Alvarez is someone who should be commended and who should be used as a role model. On June 29, a decision by Judge John Feeney, can make all the difference in Joe's future.

 Judge Feeney's tentative decision was to reject the conditional plea and not recommend probation for Joe.

Later, yesterday, Judge Feeney said, "he was torn and needed more information" after reading a letter of support, hearing from Joe and a passionate statement by Joe's Public Defender Heidi Holmquist.
"I am truly torn" and asked Ms. Holmquist to submit a statement of mitigation and continued sentencing.


The probation report states that Joe is ineligible for probation because of his past felonies. Black and white. DDA Roger Rees asked Judge Feeney to "reject the conditional plea" the defense is asking for and to "give Mr. Alvarez back his guilty plea" and that the probation report states that Alvarez is ineligible for probation "because there are no unusual circumstances."

After Joe spoke, this is what DDA Roger Rees said, " the People are simply asking to reject the conditional plea. It may very well be after the preliminary hearing, he may be eligible for probation." He said there were dozen houses around where Joe was growing concentrated cannabis,

Ms. Holmquist started her remarks by saying that the defense still requests probation but if Judge Feeney was leaning towards prison, she asked for 3 years and not 7 and asked that Joe serve it on SWAP.

She told Judge Feeney "that the People say there are no unusual circumstances", she disagreed, she cited legal code about unusual circumstances and highlighted that Joe's circumstances were where probation would be in the "interest of justice."

"In total circumstances, Mr. Alvarez does not have a bad record. " She told the Judge that Joe turned his life around. He graduated drug court successfully, his offenses were drug related and some today would be eligible for reduction under Prop 47.  "He graduated drug court successfully, these are non-violent offenses, he has not been in incarceration since 2013, he had a valid 215 card and the marijuana was for his personal use."

"I have had clients who blew places up and children were involved and they got probation. Today, we have a person who manufactured concentrated cannabis, it is different from someone who manufactures meth." She pointed out no one was hurt by Joe's growing cannabis.

"He is young, employed, he has two jobs, has housing, has dependents, pays child support to his ex-partner, he is remorseful and not a danger to anyone and has turned his life around since 2013."

"I believe our system can be fair; just and understanding," is how Joe started his remarks to the court. "My record since age 24 has been less than perfect. I did not take probation seriously until my arrest in 2012. I was scared, I was given a second chance."

"My life is good and I am thankful. I can't change my past, all I can do is my best now. That man no longer exists."

He also reiterated the steps he had taken to change his life that Ms. Holmquist had stated.

This is a picture I took of Joe outside court. The first time Joe and I spoke, he had no idea who I was , why I was waiting outside the courtroom. I heard Joe's story. Since then, circumstances led to where I ran into Joe, his co-workers and heard from others about the Joe I know. Joe had no idea that I had this independent information.

At no point has Joe hid his past or tried to make me feel sorry for him. He is honest and takes responsibility and wants to continue to contribute to his community in a positive way.

If anyone deserves a chance to build a future and move on from past mistakes, Joe does.

Previous posts:

http://johnchiv.blogspot.com/2015/04/once-again-public-defender-heidi.html
http://johnchiv.blogspot.com/2015/03/two-men-shed-light-on-lost-humboldt.html