philip remington dunn

An American Christian in Syria

“The Spirit of the Lord is on me, because he has anointed me to preach good news to the poor. He has sent me to proclaim freedom for the prisoners, and recovery of sight for the blind, to release the oppressed, to proclaim the year of the Lord’s favor.” Luke 4:18-19

Everyone needs a hero, mine is Dave Eubank. Over 20 years ago he started a relief organization called Free Burma Rangers. Dave had been an Army Ranger and decided that Burma was a good place to use these skills to bring relief to the minority indigenous populations in Myanmar, the country formerly known as Burma before a military junta seized control of the government. Burma is not a country of great geopolitical significance so the atrocities of the military junta received little international attention. It has been your typical ethnic cleansing scenario wherein any tribal or religious group not aligned with the ruling warlords have been raped, killed and driven from their land into neighboring refugee camps, predominantly in Thailand. In this case it is the Muslims along with other minority ethnic groups that have been the victims of periodic massacres carried out by government troops.

One of Dave’s sponsoring churches was Malibu Presbyterian where I attend, and so he has regularly come to Malibu to give us an update on his work. During these visits we have heard reports of his often successful efforts of warning villagers of approaching government troops, outwitting and outmaneuvering them, then hiding out with them in the jungle or making it outside the country to a refugee camp.

Over the years I have gotten to know Dave, and so when he is in town we go on walks together in a local neighborhood. Dave flatters me by expressing a real interest in my work and the criminal justice system in general. Luke 4:18-19 is the chosen scripture of his organization and thus you can see at the heart of his work is an overwhelming desire for justice on behalf of us all. It is quite an experience just walking around with Dave as I have never met someone who better exemplifies the Puritan Ethic of “never leave a place without having made it better.” Whether it is the elderly lady struggling to take out her trash who he runs over to help, or the young lady under the influence who needs a ride home, there is no good deed he won’t perform.

To be honest Dave is probably the only man I know that intimidates me. He doesn’t do it on purpose, far from it, Dave is by nature humble, but simply being around him challenges me to be a better man. I try not to resent this power he has over me, but at times I wonder just how it is that a man that has seen as much horror and tragedy as Dave can be so damn happy, so filled with joy, so willing to love everyone like himself. Its just not normal.

Due to the strength of Free Burma Rangers and the winning of some democratic freedoms in Burma, Dave has now expanded his efforts to include providing relief to refugees fleeing war torn providences of the Middle East. Be it Sudan, Iraq or Syria, Dave has been their seeking freedom for the oppressed. When Mosul was under siege he helped supply 5,000 refugee families with food and water, while his team of Burmese Karen State volunteers provided medical relief to civilians fleeing ISIS tyranny. Think of it, former refugees of one war torn country in Asia now strong enough to save lives in the Middle East.

In Syria right now with his family – yeah that’s right he often takes his wife and three children with him – they are assisting refugees with food, medical supplies and most significantly caring for the needs of the widowed and the orphaned. The reign of ISIS has been held together by brutal executions of anyone not pledging complete support to their religion of terror. Dave, his team, and his family combat this evil by spreading as much love in the region as possible. This is what I find so intimidating about Dave, he truly lives out a Christian life – in the most dangerous places in the world – on behalf of the most desperate of God’s children. Rather than worrying about what measures he should take to protect his family from whatever perceived dangers may exist all around us, Dave takes the fight to the enemy, he places the well being of his wife and children in God’s hands, and soldiers on and for Christ. It is his faith that keeps him going “…the substance of things hoped for, the evidence of things not seen.”

Surrounded daily by overwhelming displays of cruelty and suffering it is hard to understand how the men and women of Free Burma Rangers continue the fight. Their battle however is not against the soldiers of ISIS or Myanmar but rather the “powers of this dark world and the spiritual forces of evil.” Into battle they go under the motto that we should “love one another. Unite and work for freedom, justice and peace. Forgive and don’t hate each other. Pray with faith, act with courage, and never surrender.” Yes, there is hope for us all.

For more information on Dave and the Free Burma Rangers, or to donate to their noble cause, got to the website HERE.

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Philip Remington Dunn is a practicing criminal defense attorney, social justice advocate, and author of the critically acclaimed book: When Darkness Reigns.

A Little Humanity Can Go A Long Way

***This article originally appeared on TheBlaze under the title Funding Prison Reform Works - Read It There***

The most recent California statistics on paroled prisoner recidivism are out and its good news. From a peak of 67.5% in 2010 to 44.6% in 2016 it is clear something is working in California’s prison system. What this means is almost 23% less of California parolees reoffend within three years of their release from prison. At a cost exceeding $60,000 per year for one inmate the economic savings are obvious. What is not so obvious is the long term societal benefits of less repeat crime. Not only are there less victims of crime, there are indirect benefits as well. The formerly incarcerated work, pay taxes and most importantly are able to parent their children. There is at long last, real hope we can reverse the revolving door of re-incarceration that has plagued our state (and country) for more than thirty years.

It all started with the fear fed to us by advocates of anger policies in the 80’s and 90’s. “Career Criminal” and “Three Strikes” laws along with the “War on Drugs” led to a quadrupling of our prison population causing the system to house almost 200% of what it was designed for despite massive prison construction during the same time period. A dear friend of mine, Daniel is his name, was one of the many inmates that were sent out of state to deal with overcrowding. He was housed in Arizona and Oklahoma. Far from family and friends he rarely had visitors, which made it very difficult to hold onto relationships that might have provided a support system for him upon his release. This is not the way to treat someone you hope will never go back to prison.

It took the United States Supreme Court to put an end to this retribution binge. In Brown vs. Plata, Justice Kennedy wrote for the majority in ordering California to reduce its prison population to 137.5% of capacity. In doing so Justice Kennedy found that the overcrowding was a violation of the Eighth Amendment Cruel and Unusual Punishment clause as it was responsible for living conditions described as “wretched misery.”

When forced to act the politicians passed AB-109 which reduced some overcrowding by shifting the burden of housing nonviolent offenders to county jails – which didn’t really change the incarceration rates, it only prolonged the shell game. Real reform fell to the people in the form of criminal justice initiatives on the ballot. Propositions 36, 47 and 57 all provided sensible ways to reduce the prison population while still emphasizing public safety. Passed with substantial majorities these measures have now withstood the test of time and proven the wisdom and decency of California voters. Despite dire warnings from tough on crime advocates, state wide crime statistics remain close to historic lows, particularly for violent crimes. Still, individual cases are paraded through the media to stoke the dying flames of retribution. However, it would appear that the “Willie Horton Syndrome” has played itself out as voters are no longer easily swayed by worn out fear mongering tactics.

California has also chosen to invest new money in rehabilitation programs. During the same time period that recidivism dropped nearly 23%, funding for rehabilitation has gone from $355 million to $482 million. But the real heroes in this struggle are the men and women of goodwill that volunteer for a multitude of NGO’s providing various educational, vocational and life skill services to prisoners returning to our communities. One such program is The Urban Ministry Institute that provides a course of study that is the equivalent of a Master’s Degree in Theology. Recidivism statistics for participants in this program are an astonishing 6.2%. Another is CRI-HELP, which is a residential drug treatment center, that Daniel went to after his release. He was able to live there for 30 days before transitioning to a state sponsored sober living home for six months. In his case it turned out to be a wise investment that he greatly appreciated. Almost three years later he is a thriving independent business man, taxpayer and prominent advocate for those very programs that likely saved him from re-offending.

There is hope for even the least of us, and we all benefit from recognizing our common humanity. Treating our fellow human beings humanely, no matter who they are is not only the right thing to do, but the smart thing to do. When Daniel paroled out, he had nothing but the clothes on his back, and an opportunity given to him by the taxpayers. Today he is an inspiration to others as he continues to pay it forward. With every person we save from prison we are not only being smart on crime, we are also touching countless lives for the good of us all.

Written by: Philip Remington Dunn – a practicing criminal defense attorney, social justice advocate, and author of the critically acclaimed book: When Darkness Reigns.

Sex and Violence Schizophrenia

***This article originally appeared on TheBlaze - Read It There***

You are like whitewashed tombs, which look beautiful on the outside but are full of dead men’s bones and everything unclean. Matthew 23:27

Mark Zuckerberg recently announced that Facebook would be hiring 3,000 new employees to be “content monitors” for removing acts of sexual violence, hate speech and child exploitation. Incredibly there are people who live stream actual rapes, murders, and suicides. It is immensely disturbing that our society produces individuals that not only will commit such acts, but are doing them at least in part, if not entirely, for the notoriety Facebook and other outlets make possible. What’s more disturbing is that these videos went viral. We have met the enemy and he is us.

The first symptoms of our societal schizophrenia occurred during the decades long legal debate on obscenity. The sexual exploitation of women has always been profitable, but with the advent of mass media the profits exploded. Obscenity laws were the only bump in the road for pornography without borders, but the Supreme Court ultimately concluded that virtually any act committed and filmed with “consenting adults” is protected by “Free Speech.” The “actors” may be getting paid for sex acts captured on film, but if there is no camera present, and there is a cash transfer, its prostitution. Now prostitution that’s bad, so it’s illegal. Young men and women who can’t make it as porn stars go to jail, porn stars get rich and famous.

Our media driven culture sends a constant barrage of soft core porn out, hoping to entice men, but even that’s changing, into paying for hard core porn. Since younger is better, we have pitches like “Barely Legal”, that go right up to the line, but if you cross over, its child porn and the viewer is a sexual predator. Law enforcement is out there on the web looking for these predators, using “rouses” to ferret out the offenders. When captured it’s a slam dunk felony prosecution requiring lifetime registration as a sex offender.

There is of course nothing new about glorifying violence in our culture, but for the advances in technology. Video games of modern warfare and feudal combat make it possible to realistically slaughter hundreds in a single sitting. Combine sexual conquest and blood lust in a horror film and its sure to do major box office. Is it a stretch to believe that the most prolific customers of this kind of “entertainment” are the ones most likely to act out their fantasies? Do a live stream of a random act of violence and you can be sure of achieving one’s coveted fifteen minutes of fame.

In 1996, when all of this was just really getting started, Congress passed the Communications Decency Act (COPA) designed to require that Internet providers keep “minors from receiving sexually explicit material on the Internet.” Challenged as a restriction on Free Speech the United States Supreme Court in Ashcroft vs. ACLU II in a 5-4 decision found this new law to be an unconstitutional violation of the First Amendment. Four of the five justices in the majority were Republican presidential appointees, including Clarence Thomas, who is not known for agreeing with the ACLU. So who was offended by this decision? Evangelical Christian “leaders” of course, like Jerry Falwell and Dr. Dobson. That was then, and this is now. Today these same “leaders” enthusiastically supported a presidential candidate who openly bragged about committing sexual batteries on women, and getting away with it due to his star power. No matter, Jerry Falwell Jr. just let his fellow evangelicals know that they “have found their dream president.” What makes him a “dream,” his politics of course. Character is not even secondary, its nonexistent.

Whether it be implicit, or complicit, this is nothing less than misogyny. It is now manifesting itself in the proliferation of the child sex trade. Young girls are kidnapped or sold into sex slavery while the Attorney General of the United States concentrates his law enforcement efforts on punishing cities that consider themselves to be sanctuaries or states that have legalized marijuana. The hypocrisy hoisted upon us by these so called leaders is staggering. Protection of the innocent, now even our children, is less important than partisan politics and our “Right” to exploit our most prurient desires at a staggering profit. We are left to rely upon private citizens of good conscience like Mark Zuckerberg to do what they can to stem the tide. The rest of society will just have to eat a couple more Prozac so they can feel better for awhile.

Written by: Philip Remington Dunn is a practicing criminal defense attorney, social justice advocate, and author of the critically acclaimed book: When Darkness Reigns.

The Gathering Storm

“Full of fight and devotion to some inner ideal.” -A friend’s description of Che Guevara.

Back when I was doing appointed cases a gang attempted murder/robbery case was dropped on my desk. Fernando, we’ll call him, was all of eighteen years old when he and a friend decided to leave the Colonia one night and engage in a crime spree like none other. Before the night was over they had done two armed robberies, shot a drug dealer six times, and a rival gang member once. Pursued by Sherriff’s Deputies they attempted to make a run for it before flipping their van. Inside was the money from the robberies and the two firearms used in the shootings.

The DDA (Deputy District Attorney) assigned to the case was none other than Bill Haney, the Golden Boy of the office at the time. I knew Bill would not miss a shred of evidence in slam dunking this prosecution. With gang allegations and the use of firearms, my calculation was Fernando was looking at something north of eighty to life, plus life, should he be convicted of everything at trial, which on these facts was a virtual certainty.

Bill was offering Fernando a deal of thirty-two to life, which meant that if he took the deal he might someday get out of prison, if he rejected it he most certainly would receive a sentence that would cause him to die on the inside. When I met with Fernando in a holding cell to tell him his options I was greatly distressed. Fernando, an innately intelligent young man and surprisingly empathetic, recognized my distress saying to me, “Mr. Dunn, its okay, I’ll take the deal, they know us in there, I’ll be alright.” You see, Fernando was Colonia, a true gang member, and once in prison he would join the Mexican Mafia, earn his stripes by assaulting other prisoners at the direction of the “Big Homies” and someday become a made member of a ferocious prison gang.

How is it that something as malevolent as a prison gang can inspire such devotion? Fernando at the age of eighteen had already given his life to the violent anarchy of the criminal street gang culture. He had simply graduated to the next level, in a community that “respected” such deeds as young man’s right of passage.

It is estimated there are 1.4 million gang members in 33,000 gangs throughout the United States of America. It is commonly believed that this is an urban nightmare, and it is, but it is no longer isolated to the poorest neighborhoods of our inner cities. For more than thirty years we have been taking young men off the streets and putting them into advanced gangster training schools known as prisons. Prison gangs generally breakdown along racial lines and failure to associate with and “work for” the gang means you are left alone to fend for yourself in the midst of the never ending racial warfare that largely rules our prison system.

This insidious phenomenon came to fruition in the City of Los Angeles in the 70’s and exploded in the Crack Cocaine epidemic of the 80’s. Gangsters sent to prison recruited new gangsters from all over the State of California, and then through the federal system the entire country, so that upon release newly trained gangsters have started new street gangs in communities in every state in the nation. Today, Los Angeles has seen a significant drop in gang related homicides, Chicago is now the eye of the storm with over seven hundred homicides in the last year. Even including the atrocity on September 11, 2001 we have lost more young men and women to gang violence than terror attacks and two foreign wars combined. The cost of keeping us safe from this foreign threat has also cost us more than a trillion dollars.

Los Angeles is once again leading the way in gangster evolution as its most sophisticated practitioners are now leaving their neighborhoods in pursuit of bigger gains. Rather than fight amongst themselves and sell poisonous drugs to their own community, gang members are “flocking” into suburban neighborhoods and committing sophisticated high end residential burglaries. Using their ill gotten gains to purchase luxury cars and wear designer clothing they raise little suspicion as they case expensive residences. Notable celebrities and athletes including Alanis Morisette, Yasiel Puig, and Derek Fisher have been amongst the victims. Lt. Todd Hankel commander of the West Valley Station of LAPD notes that for these crimes gang members will “cross territories to group up to have enough people to commit the burglaries,” and they have even created a “common fund for bail money.” A previously unheard of level of cooperation.

In the depressed areas from whence they come these gangsters are seen as modern day Robin Hoods as they bring new revenue into the neighborhood. In a time of economic divide between rich and poor of unprecedented proportions a new consciousness is arising amongst the disenfranchised, that is a redefining of the enemy. Rather than spend their life’s energy on maiming and killing each other, the fight is being taken outside the neighborhood to places where the gains are so much greater.

The brutal anarchy of gang infested neighborhoods has created an environment ripe for revolution. As we obsessively guard against the external threats to our security we continue to turn a blind eye to the domestic carnage of street gang violence. Those that live within these communities feel more disenfranchised than ever as new governmental edicts call for longer prison sentences and deportation of their friends, neighbors, and family members.  There is still time to save ourselves from these regressive policies of retribution that have brought us to where we are today. Reform our prison systems and prioritize the future of our youth most likely to fall prey to “gangsterism.”  Provide them with positive alternatives upon which to place their hope for a better future. In so doing we might just avoid the day in which a leader “full of fight and devotion to some inner ideal” springs from their midst.

Written by: Philip Remington Dunn is a practicing criminal defense attorney, social justice advocate, and author of the critically acclaimed book: When Darkness Reigns.

Hope Still Lives

Like many of us I enter the New Year with some trepidation after a bruising national election. It is apparent that our nation is deeply divided politically and that change is the only thing that is certain to occur. What that change may be is as uncertain as it gets. Uncertainty causes fear and fear leads to despair. “Without hope the people perish” a biblical truth that is creeping into our national consciousness. There is for most of us a sense that we are going backwards as a people to a darker time and place where compassion and tolerance is not honored and basic civility is dead. It is no longer possible to disagree without being disagreeable; insults and threats are accepted as a part of our national dialogue. There are no limitations on the language used to condemn someone with whom we disagree and hate speech has become a political norm.

I remember a time when progressives felt almost as disenfranchised from their government as today. The dual national tragedies of the Vietnam War and Watergate gave liberal politicians the sense that they would be in charge forever. Then came Ronald Reagan and the Reagan Revolution. His sweeping victory in 1980 caused plenty of despair amongst the liberal rank and file. His campaign rhetoric described as divisive at the time was tame in comparison to what we have just endured, but fear of harsh measures his administration would bring was just as real as it is today. Then Ronald Reagan quit being a candidate and started acting like a president. In pursuit of his agenda he was willing to compromise and better yet he did not dislike his political opponents. His anger was unleashed on our enemies abroad, not fellow Americans at home.

I recall being at the Reagan Library to hear Senator Edward Kennedy give a speech not long before his brain tumor diagnosis. He walked in arm in arm with Nancy Regan and you could tell they both relished the moment. Ted Kennedy mentioned his political opposition to Ronald Reagan’s policies but also told us he could not help but like the man personally. One example he gave was how the president invited him and house speaker Tip O’Neil to the White House every St. Patrick’s day for a beer. Reagan wanted to celebrate the fact that three Irishman had all made it that far at the same moment in our nation’s history.

It could happen again, and if not, Ronald Reagan’s example of civility should not be denied. Those of us who fear that societal justice has been dealt a severe blow must not waiver in our opposition to policies designed to scapegoat the weakest that live amongst us, but in so doing we cannot become the thing we hate the most. Anger, fear, and intolerance are just as alive in our hearts as those that we believe have fallen victim to the power of such emotions. Rather let us courageously love our political opponents as fellow citizens of a great nation, and be an example of what we aspire to become. As Senator Kennedy once told us let us always believe that “hope still lives and the dream will never die.” 

Philip Remington Dunn is a practicing criminal defense attorney, social justice advocate, and author of the critically acclaimed book: When Darkness Reigns.

Forgiveness liberates the soul. (A Christmas message.)

"Forgiveness liberates the soul. It removes fear. That is why it is such a powerful weapon." - Nelson Mandela

Dear friends and family,

        A friend called me recently about a new project we are working on and wanted to know “where I’d been.”
        “Busy,” I told him, “it’s the holiday rush.”  As a criminal defense attorney I have always noticed an increase in new business this time of year.  Family fights, financial stress, and increased alcohol consumption seem to account for most of it.  Our recent election has also increased tensions amongst friends and relatives.  For instance, we have all heard of Facebook Friends “un-friending” one another over strongly held political beliefs.

        This isn’t the way it’s supposed to be, rather Christmas is a time to remember God’s infinite love for us all, and how we should reflect that love back to one another.  Perhaps the purest expression of that love is the healing power of forgiveness.  In Ephesians 4, the Apostle Paul tells us “Do not let the sun go down while you are still angry… get rid of all bitterness, rage, and anger, brawling and slander, along with every form of malice.  Be kind and compassionate to one another, forgiving each other, just as in Christ God forgave you.”

        Having sat next to my share of defendants at their time of sentencing, I have witnessed some miraculous examples of forgiveness.  I have heard victims of serious assaults and abuse stand before a judge and turn to my client and publicly forgive him.  These moments are so powerful that not only the defendant and myself are moved to tears, but I have also seen tears flow from some of the most hardened of prosecutors and judges.

        In my life’s journey I have met people who have found a way to forgive the most horrific of crimes.  I know of a wife and daughter who forgave a man who murdered their husband and father on the daughter’s wedding day.  Their relationship grew to the point where the wife virtually adopted the man.  I also know the wife of a police officer that was shot to death in the line of duty who made peace with her husband’s killer, and today regularly visits inmates in prison - even death row - to tell them of her experience.  Another friend who lost both of his parents and was himself left for dead having been shot repeatedly, survived to one day confront the killer in person and forgive him. He tells the story of how in that moment he felt as though a thick black fluid poured out of his body and that the manifestation was so powerful he could literally see it happening.  All of the hate, anger, and bitterness in his life left him at once, freeing him of a burden that had consumed his life until that day.

        With examples such as these, it is hard to understand why we cannot forgive more easily.  I am as guilty as the next guy, and so I think it might just be time to let go of a grudge or two I’ve been carrying around.  They get heavy after awhile, and as they say in Alcoholics Anonymous, these thoughts rent space inside your head, and there comes a time when you have to evict them. 

         It seems to me Christmas is the perfect time to evict such thoughts, and I think I can do it.  After all if Nelson Mandela could forgive the enslavement of his people and his own imprisonment for over 27 years, it would seem forgiveness is possible for us all.  It is a most powerful weapon indeed - a weapon for peace.  A pure expression of love, just in time for Christmas. 

God bless, Phil

Donald Trump vs Nate Parker: Modern Day Racism on Display

Written by: Philip Remington Dunn

Forgive me but I am a middle aged white male that does not want to believe there is systemic racism in the United States of America today. Sure there are individual racists, and even certain institutions that get away with it, but please don’t tell me it is still engrained in our broader culture, I don’t want to hear it. I want to believe that Dr. Martin Luther King Jr. and the Freedom Riders won that war when I was just a kid.

I fear I may have left my eyes open for too long. As a participant in the criminal justice system for thirty-two years and more recently a regular visitor to inmates in state prison I can’t ignore the vastly disproportionate rate of prisoners of color. Mass incarceration of minorities has been staring me in the face for a very long time, but still I resist. There must be larger socio-economic issues involved in this phenomenon for which racism cannot be the dominate factor, right? I’m afraid the public persecution of Nate Parker and the continuing popularity of Donald Trump have sent me over the edge.   

Nate Parker was acquitted. Fifteen years ago twelve good citizens picked from a Pennsylvania community heard all the evidence, deliberated, and then came out and unanimously told a judge, the prosecution, the alleged victim, and a packed courtroom that Nate Parker was “Not Guilty.” This twenty year old kid turned down a plea bargain, went to trial risking the next fifty years of his life in prison, and won! As he now says he was vindicated. Does he not have the right to make such a claim? Is there any type of vindication on this Earth greater than an acquittal at a public jury trial?

No matter, he was accused long ago and now that this young black man has achieved some measure of success with his film Birth of a Nation he must again answer accusations that he is a rapist. On Sixty Minutes Anderson Cooper wants to know if he still has “something to apologize for.” His movie is boycotted by interest groups that never met an accused that wasn’t guilty, and his posters are publicly defaced by writing “rapist” over them.

Compare Nate Parker’s situation with Donald Trump. We’ve all heard the Donald brag about getting away with sexual assaults on women because he is a “star”. Tape recordings are real evidence, a perpetrator’s confession should be used against him. When his victims hear his confession and thereafter his feigned apology for “locker room talk” some are motivated to come forward. Their courage is not met with contrition however, but rather vicious denial and accusations of fabrication. Worse than that, blanket denial and public slandering are met with cheers of approval by countless supporters across the nation. What accounts for the difference in treatment and acceptance of these two men?

Nate Parker borrowed the title of his movie from the infamous silent film Birth of a Nation done by D.W. Griffith in 1915. Griffith glorified the Ku Klux Klan and portrayed black men as unnaturally sexually attracted and aggressive towards white women. Still considered some sort of epic, it’s hard to calculate the damage this new form of media had on the public psyche. Jim Crow laws prospered throughout the South and just ten years later 25,000 people dressed in full Klan regalia marched down Pennsylvania Avenue in Washington D.C. They were protesting the fact that African Americans, immigrants, Catholics and Jews had equal rights under the Constitution. Any of this sound familiar? Are we doomed to repeating our history that we refuse to learn from?

Nate Parker’s Birth of a Nation is about a failed rebellion. Nat Turner believed God called him to lead a violent revolution against slave owners in Southampton County Virginia in 1831. Tragically, like many revolutionaries Turner and his followers didn’t discriminate between the guilty and the innocent. As many as sixty-five people were slain including women and children. The violence and oppression of slavery were the justification for what Turner would call the need for spreading “terror and alarm” amongst white people. Violence begets violence and institutionalized oppression and injustice are the father of it all. Nate Parker is living it today, the justice system exonerated him, but our society’s cultural prejudices continue to seek his oppression. Where does it all end?

It ends with us, the People of the United States of America that still believe that all men (and women) are created equal. We believe in the rule of law and the equal protection of us all under that law. We cannot afford to go backwards on this, our history is too painful to live through this again. We must return to the values we learned as children when we stood before the flag every morning and finished with”… one nation, under God, indivisible, with liberty and justice for all.”

Called by name in La Mesa Prison, Mexico.

          Imagine a prison built to house 1,500 inmates that holds 7,000. Welcome to La Mesa Prison in Tijuana, Mexico. A cell designed for two holds as many as eight, one designed for four holds twenty­-four. Bunk beds to the ceiling and mats covering the floor make it impossible to move without everyone else repositioning themselves first. Cooperation is essential to survival. These men and women are the poorest of the poor, the least of us. I’m here with Eric Prager of Baja Christian Ministries and Jorge Garcia of Prison Fellowship. They preach the Gospel to the men behind bars in fervent Spanish. I don’t understand their words, but I see the faces soften, arms coming through the bars as they lift their hands up in worship. It’s the most desperate place I’ve ever been. I see how powerfully small acts of kindness can change men’s hearts.

          I spend my time handing out soap, toilet paper, and Bibles. Not everyone can come up to the bars, so the men in front pass gifts to their cellmates before keeping anything for themselves. I hear ‘’ Gracias’’ over and over before managing a weak ‘’ De nada’’ in return. I wander away from our group making my way farther down the hallway that connects to row upon row of cells filled with men. They look at me with the hollow expressions of the truly damned. As I move farther down the hallway I hear something so familiar, my name “Phil.” As a criminal defense attorney who has visited countless jails and prisons I instinctively ignore the calling. But as I remember where I am, it comes again, this time more forcefully “Phil.” I turn and look through the bars to find a tall, graying, thin Caucasian man whose blue eyes now capture mine.

          “Phil, that’s your name isn’t it?”

          “Yes, but how do you know that?”

          “We’ve met before, don’t you remember, you visited me.”

          “No, I haven’t been here in twenty­-seven years, and I don’t recognize you. How long have you been here?”

          “Five years now, but your name is Phil right, maybe the other guy’s name was Phil too, I don’t know; I guess I thought you were him.” I am both perplexed and deeply moved emotionally. I have experienced such “coincidences” before and I have learned to not brush them off lightly.

          “Yes you are right my name is Phil, and you are?” “Bruce,” he puts his right hand through the bars and we shake.

          “Where are you from?”

          “Los Angeles.” I know better than to give too much information.

          “Which part?”

          “The northern section.” I am still attempting to process the encountered as our conversation shows signs of strain as he appears more confused than me. He looks as if he’s not sure he believes me, still convinced we have met here before.

          “How much longer do you have?” I ask, breaking my own set of rules.

          “Five years, but I think I’m going to get transferred to the U.S., I have a lawyer working on it.”

          “That would be a good thing right?” I ask, having some familiarity with the program.

          “Yeah, they tell me once I get transferred I could be out in six months.” I see where this conversation is going, if I don’t end it soon I’ll wind up giving legal advice in a country that still follows the Napoleonic Code. The message has been received and I must move away to further process it.

          “Well good luck Bruce, and God bless you my brother.” I say as I walk away.

          “God bless you too, and thanks for coming Phil.”

          I head back down the hallway towards the saints who come here every week and the guard posted to look after us. I notice he is not happy with me, but he says nothing, probably knowing I wouldn’t understand him anyway. Jorge comes up to me and says, “...our twenty minutes is up, we’re going to the HIV section next.”

          “The what?”

          “The HIV section, they put them all together so they can’t transfer it to someone else.” My epiphany deserts me as my inherent dread of disease seeks to take control of my rational mind. I once again fall back on my professional training as I force myself to maintain a calm exterior and go forward boldly. After all, my greatest fear has always been to be labeled a coward, and no one else seems the least bit distressed.

            We walk through another series of steel gates and doors to a more remote area in the prison. The pathways between cell blocks are closed in with chain link and razor wire at the top. Looming above are the guard towers keeping watch over the inmates out on the concrete exercise yard. Hundreds of inmates are engaged in some type of physical activity, but none of it amounts to much as the yards are small and jam packed with men.

            Going through the last steel door we enter a hallway that seems darker than the others ­ a dank smell permeates the area as water drips down from inmates clothes hanging from lines running the length of the hallway. I fear what I will see when I look into the first cell, but there is no discernible difference from what I’ve already seen. At least six to a cell, as many as will fit come to the bars to greet us. After friendly introductions in Spanish, the preaching begins again in earnest. This service is different however, Pentecostal in nature the inmates are vocally participating. Uncomfortable, I turn to a safe task ­ picking up bars of soap to distribute. My effort is frustrated however as most of the inmates eyes are closed and their arms are lifted high up through the bars that imprison them. I don’t know the language so their responses to the preaching take on the aura of speaking in tongues. Eric walks from cell to cell touching each man’s hand, blessing every one of them, it’s more than I can bear. I join the service. My prayers are weak in comparison, but heartfelt nonetheless.

            Eventually we are able to distribute our gifts and they’re once again much appreciated, but not with the same fervor as the worship that has just ended. Our twenty minutes spent, our guard gently lets us know it is time to go. We leave with the promise to return again soon.

            Processing out of a prison always takes too long, but once outside there is a sense of relief that is mixed with pity for those left behind. On this day however, I have more to contemplate. Having gone through a significant transition in my professional life recently I have been looking for a new direction. The scripture comes to me; “He calls his own sheep by name and leads them out.” The wisdom of my former pastor also comes to me, “be careful what you pray for, you just might get an answer.”

            The answer remains the same for me. Injustice, cruelty and oppression still move me like nothing else. If it no longer comes to me, I will seek it out. Whether in a courtroom fighting it out for all I’m worth, or simply handing out soap and toilet paper to those that have none, I will continue to fight the good fight. 

-Phil

Brutal Justice. (The fall of Lee Baca.)

Written by: Philip Remington Dunn

“For all who draw the sword, will die by the sword.” Matthew 26:52

Former Los Angeles County Sheriff Lee Baca is getting a taste of his own medicine. U.S. District Judge Percy Anderson refused to go along with an initial plea deal of “no more than six months” in custody in exchange for a guilty plea in which Baca would admit he lied to federal officials. Eight other Sheriff’s deputies have already been convicted of covering up and participating in a course of conduct that alleged they violently attacked County Jail inmates. Baca’s former number two, Undersheriff Paul Tanaka got five years after going to trial and being convicted by a jury. Federal prosecutors have now doubled down on Baca by quickly empaneling a Grand Jury to indict him on new more serious charges for which he could serve up to 20 years in prison.

Now that’s justice for you. First you publicly announce to the world - or at least all prospective jurors - that the former Sheriff will admit he is a liar, then you pull the deal and double the charges. Well guess what Sheriff Baca? Welcome to the judicial cattle round up you helped create. Don’t fight City Hall, oh I’m sorry, even worse the government of the United States of America. If you do, they will punish you for it, sort of like the use of a cattle prod on a steer that doesn’t stay in line on his way to the slaughter. The irony here is the tactics being forced upon the former Sheriff are not unlike those he is charged with covering up.

Beating up on uncooperative inmates is as time-honored as street justice itself. Doubling the punishment on a defendant who will no longer plead guilty is business as usual. The only difference is the first is illegal, and the second is the oil that lubricates the criminal justice system. Poor defendants within this system, which constitute the vast majority, have little choice but to take the deal. The consequences of not playing ball with the prosecution by their rules is just too brutal, they hold all the cards in this poker game.

Sheriff Baca is different though, he can afford to match their resources and engage in a creative defense. His wife is actively soliciting contributions for his defense fund. They estimate about a cool million to make it a fair fight. This involves the use of expert witnesses, an opinion for a price. The creative part is the use of a recent Alzheimer’s diagnosis to explain the Sherriff’s “state of mind”, or lack thereof, at the time the crimes are alleged to have occurred. A man with a stellar reputation in the field of law enforcement inexplicably slipped up, now we know why. If nothing else as time goes on, and it will, the defendant’s mental state will continue to slip away and his lack of memory about the allegations against him might well make it impossible for him to get a fair trial. What is the prosecution to do but hire their own “independent” medical expert to examine the patient, and see if she shares the same opinion as her colleague hired by the Defense. What do you bet they disagree, then it will be up to Judge Percy to decide whom to believe.

Let the games begin and may the cause of justice be served, but one can’t help but think Sheriff Baca would rather be in a different arena. If the charges are to be believed its clear that Baca went to the old school of justice. The kind administered on the streets.

Just like Rodney King who when first asked about the beating he received after running from the police, allegedly said, “Well, I ran away didn’t I…” You see, the rules on the street used to be clear, take your chance and if you get away, great. If you get caught, they get to beat you.

Security and cell phone cameras have ruined everything, no more street justice, just new sentence enhancements. Given the choice, I think Sherriff Baca might take the beating, it doesn’t last as long, cost as much, and probably hurts less.