STORYLINE Sacramento Judge Ben Davidian Sentences 23 Year old College Student 43 years to Life

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by Laura Russell, published on May 25, 2010 at 2:07 PM

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Judge Benjamin G. Davidian sentenced 23-year-old college student Lester Charles Russell Jr. to 37 years to life on March 17 for charges of attempted murder, assault with a deadly weapon and gang enhancement.

Davidian quotes to Imperial Valley News “It’s very rare that you can be in a position to affect so many lives and help so many people," Davidian told the Imperial Valley News. "I’m delighted.”

Russell's family is outraged, as they respond that Davidian has definitely affected their lives.
“We will leave no stone unturned to prove Lester’s innocence," sister Laura Russell said. "It is our responsibility to prove that not only has Sacramento wrongfully convicted my brother, but they slandered his character in a way we never imagined.”

Victim Jashon Warren of Sacramento testifies that the shooting occurred July 21, 2008. He stated that Russell was not the shooter during a cross examination by public defender Hillary Davisson. Eyewitnesses at the crime scene also claimed Russell was not the shooter. “The guy who shot the gun had dreads,” one eyewitness said.

Dreadlocks, also called locks or dreads, are matted coils of hair. Russell was known for wearing French Braids, or cornrows.

“Any hairstylist could have testified and helped the jury to understand the difference between dreads and french braids, but my brother says there was not even one African American juror to even explain the difference during the jurors deliberation,” Laura Russell said.

Davadian was chairman of the California Fair Political Practices Commission from 1991 to 2005 and then chairman and member of the Alcoholic Beverage Control Appeals Board. Before Gov. Arnold Schwarzenegger appointed him as judge, Davidian specialized in political election and campaign law.

“Obviously Davidian must have been qualified to make such a critical decision," said Poindexter Russell’s brother. "I don’t understand why he gave my brother a life sentence, being that the bulk of his career was in campaign law."

“Obviously Davidian must have been qualified to make such a critical decision," said Poindexter Russell’s brother. "I don’t understand why he gave my brother a life sentence, being that the bulk of his career was in campaign law."

Russell was represented by California State Public Defender Hilary Davisson, who was unsuccessful in proving the smallest of facts, such as Lester’s non-affiliation with street gangs. “If a court is unable to determine simple facts such as the difference between dreads and braids, that is no court I would want to be in,” Minnesota Pastor Margaret Nutall said.

Attorney Pete Kmeto was retained to assist Russell with a possible retrial after being found guilty by a jury. The retrial was denied on May 14.

The family believes that the courts were one-sided and ruined Russell’s life, and they blame District Attorney Rochelle Hao.

“She painted such an horrific picture of my brother," Laura Russell said. "The Judicial System should not be based on scenarios based on past cases or past experiences. She didn’t even consider the facts. Someone please tell me where did she come up with the idea that Lester was a gang member? Gang members don’t usually go to college, especially to major in criminal justice.” 

“The tattoo on Lester’s neck says the he is from a Los Angeles Crip gang,” Hao said.

Russell’s family is outraged, stating that they can show many pictures of the same tattoo, which represents the Los Angeles Dodgers. “My brother is a fan of the Los Angeles Dodgers," sister Gabrielle Russell said. "I was with him when he got the tattoo. He didn’t have a chance to get the tattoo completed before he was hauled off to jail. Rapper "The Game" has the same tattoo on his cheek. He is not from a California Crip gang. Everybody knows that. People get NYC on them, too. Are they all from a New York Crip gang?”


 

 Russell, accused of being from a Los Angeles street gang, has never resided in Los Angeles, according to his parents. The family explains that Russell never attended school in L.A., nor does he have any family that resides there.

“What are we going to do now?" Gabrielle Russell said. "I have the pictures that we took together in July to prove my brother’s whereabouts, but how am I going to get the courts to listen to me now? We have to prove that they made all these mistakes. We have to let our voices be heard. We cannot give up.”

The family is reaching out to the public for support.
“We need to stand up for others in Russell’s situation," cousin Ameda Hasan said. "Imagine how many lives we can really change. Imagine how many people lives has been ruined by the California Judicial System. Imagine how many innocent people need our help.”

The family has established an account with Golden 1 Credit Union, and are asking for charitable contributions to assist them in their quest for continued legal counsel from Sacramento attorney Pete Kmeto.

Golden 1 Credit Union

Laura Russell 

P.O. Box 15249
Sacramento, CA 95851
Account Number 292019
golden1.com


“If we continue to have faith and keep digging, we can prove first and foremost that he did not attempt to kill anyone," Laura Russell said. "We can prove that he is not a gang member. We can prove his innocence if we don’t give up.”

“Lester took joy in coming home after school every night to dinner with me and our children," wife Dandrea Russell said. "He watched 'House of Mouse' every morning with our children before attending school. He is not a gang member and I was with him on July 21, 2008. I know that he didn’t do what he is being accused of.”

“He is not a cold-blooded person like District Attorney Rochelle Anne Hao described him in court," mother Evelyn Russell said. "My son is a college student, a father, a brother, a friend. I was with my son on July 21, 2008, and I have the pictures to prove it. My son is innocent.”

Laura Russell is the sister of Lester Russell.
 

 

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edited on  May 25, 2010 | 11:22 PM
I was there everyday during my brothers trial and I just cant believe how those people could actually make my brother out to be something he is not. My birthday happened to fall on the day before the shooting occured, (July 20, 2008) I had an apartment in the same complex my brother did, we were neighbors, I recall celebrating my birthday with my brothers and fiance which we were all born in the same week. How can someone be in two different states at one time. There was a line up given, which the eye witness had to pick out of several different african american guys. The eye witness identified someone other than my brother in the line up, the witness identified someone with dread locks. Also, during trial the victim states under oath that my brother was not the man who shot him. He also said he wasn't quite sure who shot him. Our family is angry and furious, I feel like my brother was used and sterotyped during this trial. I am so unhappy with the way this court system stole our brother from us and labeled him. We need to see that this injustice stops not just for my brother but for everyone who is taken from society and labeled wrongfully. And for everyone who is in prison on false accusation's. I dont see how this kind of injustice could get by in a court of law.
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May 26, 2010 | 1:06 AM
Again, My heart and prayers are extended to you and your family. If you need to discuss this, a shoulder to lean on, help by someone who is going and has gone through most of the appeal process please email me at amomscry@yahoo.com. May God bless you and lift your family. And may you get the justice you seek. In the Spirit of Love--- Rhonda
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May 26, 2010 | 6:55 PM
I am an activist for people like your brother. You are right in most courts when a witness speaks its usually taken seriously, when a victim speaks it is usually the icing on the cake. I am so sorry for you and your family. I logged on the www.sacsherrifs.com and searched by your brothers name. He is in custody waiting to be sent to prison. I will raise awareness to this case and many others in an effort to STP this injustice. Prison has become a business for Sacramento and this must STOP! I have sent $75.00 to the Golden 1 Account stated above to assist your family in maintaining your attorney. I am so very sorry God Bless you and your brother.
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May 27, 2010 | 5:18 PM
I would like to believe this story but it would be much stronger if it gave a fuller account of events. You blame District Attorney Rochelle Hao for being one-sided. That is her job under our judicial system. If Public Defender Hilary Davisson was unsuccessful in proving the smallest facts then she is the one to blame.

Was this a jury trial? If so, what evidence did District Attorney Rochelle Hao present to convince the jury that Mr. Russell was guilty? You state that both the victim and eyewitnesses claimed Russell was not the shooter. Was this the factual statements of the witnesses or is it based on their confusion in the difference between dreads and braids?
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June 6, 2010 | 4:00 PM
As per your request for fuller account events. Let me explain some factual points to you. July 21, 2008 is the day of the alleged shooting. My brother was in Las Vegas, Nevada with his family. Evidence to support that fact is pictures and greyhound receipts. You are right Hillary Davission the Public Defender did a horrific job as his defense counsel and the reason that no one has mentioned her name is because the family is devastated that DA Rochelle Hao played Pro Ball and Hillary was obviously out of her league.

Don’t think for once that the family has let Hillary get away with he lack of defense in this case.
Yes this was a Jury trial. The evidence consisted of absolutely NOTHING. Expert witnesses bought in by the prosecution not one witness bought in for Lester’s defense. The witness Suzan Broda stated that she saw the shooting and was presented with a photo line up spread before trial and chose filler not Russell. During trial she stated that she could not identify Russell as the shooter because the description of the shooter didn’t match Russell.

The victim Jashon Warren stated that the DA Rochelle Hao threatened him with a 3-year jail sentence if he failed to comply.

This is a clear case of injustice and Sacramento will NOT get away with it.

If the victim says upon the initial investigation that "I don’t no who shot me" then at trial points to Russell and says "No he didn’t shoot me” and the eye witness says "Russell was not the shooter" what more evidence do you need?

No gun, no ballistics, no evidence just a clear case of Bias, and strategic convicting. Don’t believe for once that Russell is the only one who this has happened to im sure that many family’s are suffering from Sacramento Injustice, quite frankly the Russell Family wont be quiet about it.

Which I encourage. "A Voice unspoken will go unheard"
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May 29, 2010 | 12:37 PM
I would like to say that after learning about this story. I am so sorry for what this judicial system has done to your brother. I cant see how Judge Benjamin G. Davidian could let this case close with insufficient information. I hope that your family and your brother get the justice that is right.
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June 6, 2010 | 4:04 PM
ANY CHARITIBLE CONTRIBUTIONS TO SUPPORT THE RUSSELL FAMILY'S QUEST TO SECURE LEGAL COUNSEL WOULD BE GREATLY APPRECIATED.

Golden 1 Credit Union

Laura Russell

P.O. Box 15249
Sacramento, CA 95851
Account Number 292019
golden1.com
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June 16, 2010 | 10:01 PM
Innocent Man found Guilty Housed at Tracy Prison
Family Fights for Justice

23-Year-old Lester Russell Case # 09F04525
Sentenced 37-Years to Life May 17, 2010 by Sacramento Judge Ben Davidian. Charges: attempted murder, assault with a deadly weapon with gang enhancement. Russell was shipped to Tracy Prison just weeks after his sentence.

Court Appointed defense Attorney Hillary Davisson refused to present to the Jury photographs, which clearly document Russell’s whereabouts on July 21, 2008.

Russell’s Family has turned over several pictures for the date of the alleged shooting clear and concise from a digital camera.

Why weren’t these pictures presented at trial?
Why is our judicial system ignoring the facts?

The Russell family needs your help to stop this injustice.
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nsb
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September 21, 2010 | 9:09 PM
I am so sorry, I can't believe what I am reading. Can your brother's case be appealed? Not a new trial, but an appeal? This has to happen, we have to continue to raise awareness about it. I found this info while researching information about gang experts for my husband's immigration case. He too is being accused of being a lifelong gang member when he is not, but thankfully is not in custody accused of something he didnt do. But, we are exiled from the US, living in Mexico until our justice is served. Please let me know if there is anything I can do to help.
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January 11, 2012 | 12:28 PM
How's the case going? Has he been able to either appeal or a mistrial? I started reading about the case in the past month, and am outraged by it. This sure seems to be an case of injustice for me. Heck just there not being another africa - american on the trial along should be cause for a mistrial. Good luck.
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