Brian Marvel

In 2012, the voters of the State of California approved capital punishment. And again in 2016, the voters of the State of California approved capital punishment. In California, to even be eligible for capital punishment the defendant must be found guilty of First Degree Murder and the jury must also unanimously find True that the murderer committed a special circumstance (like Intentional Murder by Torture, Multiple Murders, a Hate Crime Murder, Sexual Assault or Rape and a Murder, etc). Then, in a second trial, all 12 jurors must unanimously vote that the death penalty is the appropriate punishment (they have a choice between LWOP or Death). All prosecutors also involve the surviving family members in this entire transparent process. Furthermore, these aren’t cases where guilt is an issue. I personally would never seek capital punishment unless I had Beyond ALL Doubt evidence. The issue then becomes, not if the defendant did it, he/she did, it’s what should the punishment be for the crime. The worst of the worst crimes against humanity deserve the worst of the worst punishment. And lastly, a judge must, considering all the evidence and motions, impose the sentence. Newsom ignored the People of the State of CA, the voters, the surviving family members, the jurors, the judge, the victim, the evidence, the prosecutor and our CA laws, and without collaboration with anyone, unilaterally decided on his own to commute DP sentences. That isn’t the American way. You can be pro-DP, you can be anti-DP, or you can be like me and believe in the rule of law, the process, transparency and ultimate accountability and justice. Making these decisions for political reasons, which is why I believe the Governor made this decision, is never something that should play a part when dealing with justice. I will always stand with my community, with our victims and with their family members. No one person should be the sole decider of these issues. It should involve all of us.

Newsom, the same person who supported & backed Gascón in SF and LA, unilaterally, without talking to Gabriel’s family, just commuted Gabriel’s killers sentence. To me, little Gabriel will always be an example of courage. His case, his life, his death and his trial will always be with his family, with my family, with his friends and with our community. No matter what Newsom did today, Gabriel will never be forgotten. Newsom thinks he can erase Ezequiel and Virginia having to go into court and face Gabriel’s murderer and testify - he can’t. All of you there that day remember their testimony. Virginia’s screams. No matter what, Gabriel will never be forgotten. He mattered. “Gabriel was in agony for almost 240 days. He was humiliated, intimidated, shamed, bullied, scared, abused, and tortured by the defendant. He was made to feel like nothing, nobody. He was made to blame himself and feel ashamed. He was carried by the defendant, after he was beaten to death, like trash. Just discarded by the defendant. Death was likely a merciful end to Gabriel’s pain – and that only illuminates the torture and abuse that he really suffered. When he needed it most, no one was there to hold Gabriel, to love him, to caress him, and to just tell him ‘everything will be alright.’ Gabriel will not be forgotten. You heard that from all the witnesses. His death will not be in vain. You, the jury, have seen the journey of torture and abuse Gabriel went through. We ask that you hold the defendant accountable. The ultimate punishment is truly appropriate for the defendant, even though it does not even compare to what the defendant did to Gabriel.      The defendant is not a victim. No one who does this to a child can ever be called a victim. No one who does this to a child can have good inside of him. He is a 37-year-old grown man. He has absolutely no excuses. He did it. He got off on it. He is responsible. Pure evil. No one who embraces inflicting pain upon an innocent little boy should ever be allowed to portray himself as a victim. You now know what a victim is. A victim is someone who has his teeth knocked out, his liver lacerated, his skull fractured, his penis bruised and burned, his ribs broken, and his entire body bruised and battered. A victim is a child who was muffled and stuffed in a box. Who was forced to eat cat litter and cat feces. Who was forced to eat his own vomit. Gabriel is truly an example of courage. The defendant, on the other hand, is a true example of an evil coward. A bully. We ask that you hold him accountable.”   Closing Argument Penalty Phase - Jonathan Amir Hatami We love you Gabriel! 🙏🏽❤️🙏🏽