ACLU of Southern California

PFAW Files Amicus Brief Supporting Fair Trials for Undocumented Immigrants

Last Thursday, People For the American Way, joined by the UC Hastings Appellate Project (HAP) and the ACLU of Southern California, submitted an amicus brief to the California Court of Appeal in Velasquez v. Centrome, Inc. dba Advanced Biotech, a toxic tort case brought by an undocumented immigrant that resulted in a gross denial of justice.

Wilfredo Velasquez filed a lawsuit against a chemical manufacturer seeking damages for medical expenses after contracting a devastating lung disease due to exposure to one of the company’s toxic chemicals while on the job. During the jury selection process, where prospective jurors are questioned to discover potential biases, the trial judge wrongly disclosed Mr. Velasquez’s immigration status to the entire jury pool, despite the fact that it was not relevant to any issues in the case. The disclosure appears to have harmed Mr. Velasquez’s pursuit of justice: Even though the jury ultimately found the chemical manufacturer negligent, it awarded no damages to Mr. Velasquez. He effectively lost his case. The court refused to grant a mistrial for its error in possibly tainting the jury, and Mr. Velasquez appealed the verdict. 

PFAW submitted its amicus brief in support of a new trial for Mr. Velasquez because of the highly prejudicial nature of the court’s wrongful disclosure of his citizenship status, explaining, “Rather than protect against prejudice, the judge’s statement unnecessarily injected prejudice into the [jury] selection process, making it impossible to know whether Mr. Velasquez received his constitutionally guaranteed fair trial by impartial jurors.” Given the ongoing hostility towards undocumented immigrants, as chronicled by PFAW’s Right Wing Watch blog, PFAW’s brief urges the appellate court to find that when a trial court erroneously discloses a litigant’s citizenship status to the jury during voir dire a new trial must be awarded.

Read the full text of the amicus brief for more information
 

PFAW