Justice for Joshua - Community March & Rally

A Mother's Cry
Rebecca Rivera's Son is Facing an Undeserved Life Sentence Due to Gang Enhancement Laws, and She is Fighting Back
Speech by Rebecca Rivera // Photos by Charisse Domingo


The following speech was delivered by Rebecca Rivera on the steps of the Hall of Justice in San Jose on February 1st, 2008. Her son, Joshua Hererra, is facing a life sentence, even though he has no criminal history, and was not actually physically involved in the alleged crime of home invasion. Joshua, 24-years-old, was two weeks away from completing his first semester in the fire fighter academy at the time of his arrest. His shocking sentence is due to the Santa Clara County District Attorney's misuse of gang enhancement laws, which will send Joshua to prison for life if upheld by the judge. Because they found some shirts from his high schools years, “gang experts” determined that Joshua was a “hardened gang member” during the trial. Since his arrest, Ms. Rivera has been fighting for her son's life, and is uniting a community in the process.

“I want to start by thanking everyone who came out today in support of my son Joshua Herrera. And for all the prayers and support the Herrera family has received from various community leaders and organizations. This incident with my son has been a nightmare and has been extremely painful not only for me but for the entire Herrera family.

Joshua and I have been through a lot together. I was a single parent for many years raising him with an absent father. It was a struggle, but he was my rock. He has a very gentle nature about him, and he is a very intelligent and articulate young man.

Joshua moved away to Florida for almost 2 years to live with his father and had only returned a few months prior to this incident occurring . In Florida, Joshua graduated from high school and went on to become a nationally registered EMT.

He came home and announced to me and my family that he was going to become a fire fighter and enrolled in the Fire Fighting Academy at Mission College. I was so proud of him. He was two weeks away from completing his first semester in the Fire Fighting Academy when this incident occurred. Prior to this incident, my son had not one field identification card in the records of the SJPD to label him a gang member, no history of violence or a criminal record. But the DA's Office continually refers to my son as a hardened gang member and a leader in the gang. I don't understand how my son could be labeled as such.

Hardened gang members don't move away for 2 years. Hardened gang members don't seek out higher education. Hardened gang members have a history of violence and crime. This is not my son. This is not who he is.

This is who my son is. This is where my son would have been (pointing to the Firefighter present). These firefighters here would have been his family. These firefighters here are the people he would have stood side-by-side with risking his life with for his community. These firefighters would have become his brothers and sisters.

Because of the nature of the charges, my son will be sent to a level 4 prison where the worst of the offenders are sent. And when I think about what will happen to Joshua when he enters the prison system, I am devastated because I don't know if I will ever see my son alive again. And that is a huge price to pay for your first offense.

If we were all defined by the mistakes we made in our early teenage/young adult years, many of us would not be where we are today. There is no doubt that Joshua must pay for his absolute lack of judgment, but a life sentence in a level 4 prison is far too harsh for a young man with promise, far too harsh for young man with no criminal record, far too harsh for a young man who has no history of criminal violence.

My son has paid with nearly 5 years of his life already—it would be unduly harsh punishment to expect this young man to continue to pay for the rest of his life. I ask that the courts have mercy on my son and that a sentence be imposed that is just, fair and moral and that the public see the atrocity that is occurring in this situation.”

With great respect,

Rebecca Rivera, Mother of Joshua Herrera

What is the offense to which he was found guilty. Did an innocent person die?

Josh Herrera convicted of accessory to home invasion robbery in 2004 and has been awaiting sentencing in the San Jose Main Jail for 4 years. He was a 20 year old student and is now 24. He drove his friends to one of their homes. That friend's mother had been beaten up by her boyfriend. Josh and his friends were going there to retrieve the mother's possessions for her. Josh's friends went inside, there was an argument and they left with some of the mother's possessions. The abusive boyfriend felt threatened and called the cops and pressed charges. The "gang enhancement" makes the sentencing into a "25 to life" mandatory minimum. Josh has a very brave and strong mother who is working with community organizations to force some public attention onto the case of her son. Josh's case highlights the unfairness of the judicial system and the lengths that the government will go to in order to keep business as usual running at the expense of the young people of color who our system treats as disposable and collateral damage in the class war.
Free Josh!
4 years is enough!
End racial profiling and gang enhancement!

Are you kidding me. First this has nothing to do with race. The story that depicted by the last posting is truly trasparent. This young man would not have been given the gang enhancement if it was not clear that his was involved directly as a gang member. Sure he was just an innocent young man that just happened to drive his two friends to a home invasion robbery. Thank god we have the gang enhancement. I hope these filthy gangsters get the most time a judge may issue. Gang members torment, harrass, and destroy communities. How about a fresh outlook. Let's just be accountable for our actions.

If the above story is correct, Joshua should be freed. He did not commit any crime. As to paying, IT IS THE TAXPAYERS WHO PAY FOR THE PRISONS, AND PRISONS BY DEFINITION ARE A WASTE OF TAX DOLLARS AND SHOULD BE ABOLISHED. We do not need and cannot afford punishment; we must have rehabilitation for decent paying jobs. That is why prisons and the death penalty must be abolished; they are part of the "paying" mentality, the reactionary punishment fascism that exists in this backward society to keep the workingclass weak and unable to demand decent wages, hours and working conditions, threatening the profits of the capitalists, the business owners. The prison concentration camp system exists in this backward country because labor is weak. The workingclass is international and must act as one international force, going on strike if this young person receives any prison time, much less a life sentence. When the capitalist class and its lackeys, the district attorneys, judges and reactionary bourgois Babbitt jurors (most jurors are reactionary property owners of the same class as the district attorney and judges or close to that class) realize that labor, which creates all wealth, will not stand for the fascist agenda of the capitalist class, these fascist laws will be repealed and the prisons will be shut down. In this backward country, the laws are also racist, but the primary focus is the entire workingclass to keep our wages down and to keep us all divided. We need to see some labor union banners at this courthouse on the day of the sentencing. It is good that people came out today, but that is not enough, and the appeal must be to the entire workingclass, those of us who sell our labor for less than $70,000 a year, and usually much less. (Firefighters often make around $70,000 a year.) This country can best be described as Nazi USA, and it is going to get worse so long as the workingclass does not act as a united force, loudly and clearly.

Thank you so much for the support that I have received. Many community organizations and local politicians have offered their support as well.

Comments like the one from Yeah—Racial, Racial, etc. are disheartening but none the less do not discourage me. It’s people like this who support this throw-away mentality.

Our culture, would like to preserve our youth—not destroy them.

My son was well on his way to making changes in his life. And giving someone a ride and never even getting out of the car is not conducive with a life sentence in a case where no one was hurt. In particular for a young man with no criminal record or history of violence.

My son has never hurt anyone in his life, but yet some people believe he should spend his life in prison.

Let’s get facts straight. The alleged “victim” raped, brutally raped, three women in San Jose. One of them was a young girl selling candy for her school that he dragged in his home, beat and raped repeatedly.

At the trial, each rape committed by the alleged "victim" was graphically described.

But sticking to the home invasion robbery story got him put in the Witness Protection Program where all of his back rent and bills were paid at the tax payer’s expense.

This was not a crime against the general public. My son did not drive his friends to a home where he clearly knew they should not be. This was the family's home of one of the young men in the car. The alleged "victim" beat his mother a week before and would not return her belongings.

The alleged “victim” suffered virtually no injuries in this “alleged” home invasion robbery, which is far less than he did to his victims.

In fact, the alleged “victim” is now severing a life sentence himself because while in the Witness Protection Program, he attacked his fourth victim.

I can tell you that the women who were the victims of these rapes, don’t feel sorry for him one bit. They feel sorry for the young men who are going to lose their freedom for him.

This rapist received multiple opportunities to prove to society that he can become a contributing member of society. I am only asking for one opportunity for my son.

Thank you again for those supporters who have rallied behind me in my quest to seek justice for my son.

With great respect
Rebecca Rivera

First I would like to say I pray that all is well with the outcome for Joshua, and that God is in control, My name is Genevieve and my partner's name is Regina we to are mothers crying out for justice, our boys were sentence harshly as well. Please let us know the outcome, so that we can keep you up lifted in prayer and hopefully communicate on a regular basis, on how we can help one another as well as others going through.

G & R we have a website called a mother's cry 4 justice which should be up and running within the next couple of week.

Hope to hear from you

God Bless

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First of all Joshua did committ a crime and that is why he was convicted. If he aided in the commission of a felony then he committed a crime. For the above writing saying that we should abolish prisons I only have one thing to say, "What world do you live in?" You must be in some fantasy land. I would agree lets do away with prisons if the gang members would stop killing each other, if the molesters would stop molesting, if the burglars would stop burglaring. The problem arising when people with little or no life experience dream up these utopia societies that are just perfect without crime or punishment for committing crimes. Do you really want to live in anarchy? I have traveled extensively in unstable countries in Africa as well as in South America. I assure you that type of government does not work. Because naive people like yourself would be the first victims. It is truly sad that Joshua is going to prison. He may have had a great life. But, he made the choice to associate with gang members and he decided to make the choices he did. There is always family members that think their child and/or family member should be given a chance, but we as a society can't give second chances to violent acts. Those types of people need to be severely punished to show the younger generations of what happens when you associate with gang members. Gang members are scum bags that have no place in the public.