DEAR HONORABLE JUDGE — A PLEADING TO CONSIDER

November 25, 2020

Dear #Honorable Judge:

Please allow this letter to serve as my continuous #effort in an attempt to shed light to Mr. Rivera’s #mental, #spiritual and #emotional #growth, #Rehabilitation and #recovery in good #faith.

INTRODUCTION

I am a ******** at ****** ****** & Associates, A.P.L.C., a law firm protecting consumers from automotive manufacturers whose objective is to achieve refunds, replacements or cash settlements to consumers who have purchased or leased defective automobiles in #California. Getting results for clients gives me great satisfaction and is what has kept me going for more than 7 years.

Craig Mitchell, a Los Angeles Superior Court Judge, leads the long-distance runner’s club out of the Midnight Mission on Skid Row. They raise spirits and give a sense of purpose to people who are homeless, addicted or coming out of the prison system.

I take a lot of pride in what I do. I am fully #employed and self-supporting #thanks to the tremendous amount of #guidance and support from my #support group which includes Mr. Rivera. I am also a runner with the #SkidRow #Running Club and a mentee of Hon. Craig Mitchell. I am Edwin Rivera’s younger sibling.#

SUBSTANTIAL GROWTH AND MATURITY

Twenty years, ten months and eighteen days ago, Mr. Edwin E. Rivera was arrested for a #crime which ultimately led to his #conviction and current #sentence today. He was 16 years old.

Being #present during all stages at the #trial, I recall the #verdict being read by the #clerk. I did not #understand what was occurring at that time. I remember Edwin being escorted in cuffs by the bailiff. The weight of a #lifesentence was evident on his shoulders. No hope was visible in his #eyes. His demeanor was that of an afraid seventeen-year-old child hiding his true self behind a facade.

As Mr. Rivera’s younger sibling, I am familiar with and have personally observed Mr. Rivera’s growth and #maturity throughout the #years, beginning from our toddler years, his #incarceration, and #today. I have and will continue to #grow and #mature with him as his sibling, #mentor, and #source of #support.

Scott Budnick, #ViceChair, #Founder and #CEO of #TheAntiRecidivismCoalition, shows inmates our society’s #technologicaladvances while they watch in amazement.

While in #custody, Mr. Rivera has earned his High school diploma; been certified as an American Sign language interpreter; is a mentor to other inmates within the prison; voluntarily attends self-help programs; 12-step recovery groups; shows up and participates regardless of how he feels; is of service to correctional institution staff; provides his experience, strengths and hope to our high school youth in an effort to discourage them from pursuing a self-destructive path; and the best part, he is passionate about it.

I have spoken to many well-respected members of our community who personally know Mr. Rivera and are familiar with his character. All whom I have conversed with, speak very highly of Mr. Rivera. One described Edwin as being “straightforward with absolutely no trickery behind his intentions”. Another said he “has Mr. Rivera’s back with-out a speck of a doubt”. Another describes him as being “pure hearted, borderline saint.”

Penal Code section § 1170 (d)(1) operative until Jan. 1, 2022, allows a defendant “committed to the custody of the secretary or the county correctional administrator… [U]pon the recommendation of the secretary or the Board of Parole Hearings in the case of state prison inmates, the county correctional administrator in the case of county jail inmates, or the district attorney of the county in which the defendant was sentenced, recall the sentence and commitment previously ordered and resentence the defendant in the same manner as if he or she had not previously been sentenced, provided the new sentence, if any, is no greater than the initial sentence.”

In Miller v. Alabama (2012) 183 L.Ed.2d 407, “only a relatively small proportion of adolescents” who engage in illegal activity “develop entrenched patterns of problem behavior,” and that “developments in psychology and brain science continue to show fundamental differences between juvenile and adult minds,” including “parts of the brain involved in behavior control.”. Mr. Rivera is definitely not within this “small proportion” of #adolescents and has exhibited clear and convincing #evidence through his #actions, that his #brain has #evolved to be that of a regular descent #human being.

A MEANINGFUL OPPORTUNITY FOR RELEASE SHOULD BE ESTABLISHED

There is a #substantial likelihood that Mr. Rivera will not lack the support needed for his #successful re-entry into our #community. As part of my extended support, I am willing to assist Mr. Rivera with his successful re-entry by providing food, shelter, and referrals to #employment and/or #jobtraining, and most importantly attending support group #meetings with him. I will provide as long as its within my #capacity.

Mr. Rivera’s experience will be a great assett the communities listed within this chart.

It is my #considered #personal and #professional #opinion that the #value of his #release will be an #asset to our community. I believe #honesty and #integrity should be reflected in how one #conducts their #life. Mr. Rivera has shown both, on multiple levels. His level of growth and maturity is without question, worthy of #consideration. Mr. Rivera’s #sentence should be assessed and a meaningful #opportunity for release be established.

CONCLUSION

As set forth in this #correspondence, and, if called as a character #witness in a court of #law, I could competently testify thereto. Please do not hesitate to contact me should you have any #questions. We look forward to receiving your #acknowledgment soon.

I sincerely #hope and #pray your #Honor seriously considers Mr. Rivera’s #pleading and #grant his #release.

Very Yours Truly,

A #vision for you…