Debbie Nathan

Just some photos I’ve taken lately in Mexico…Aprovechen los colores … Enjoy the colors!

As regular blog readers know, I’ve been wondering over the last few weeks who Francisco Javier Dominguez Rivera was in the US before he was killed last year in Arizona by border patrol agent Nicholas Corbett. So, several days ago, I put notebook in purse and set out to learn. Here’s the result, just published in the The Nation. I took the photos last year at Francisco Javier’s home in Cuautla, Mor., Mexico

“Border Death Backstory”

Debbie Nathan
The Nation, March 31, 2008

When 22-year-old Francisco Javier Dominguez was shot to death last year by a US border patrol agent, his funeral made the papers all over Mexico, and so did the days-long ritual where his family and neighbors in that country recited the rosary.

Thousands of miles north, others grieved under the radar of the press. They were connected with Bear Naked, one of the biggest granola companies in the United States. It was launched six years ago in Darien, Connecticut, by 23-year-old Kelly Flatley and a friend from high school, Brendan Synnott, a talent manager at Saturday Night Live. The two pooled a few thousand dollars and an idea for remaking granola’s image: from aging hippie grub to sporty, youthful nibble. They were spectacularly successful. Late last year they sold their business to a Kellogg’s subsidiary in a reportedly lucrative deal.

Until he died, Dominguez was employed at Bear Naked’s kitchen, in Stamford. His coworkers, who loved him, were also Latinos from other countries. Company co-owner Flatley spent a lot of time in the kitchen, too. She knew Dominguez well and mourned alongside the immigrants.

Dominguez died while heading back to Bear Naked from a visit to his family. He was crossing the border on foot into Arizona in January 2007, when he was killed by border patrol agent Nicholas Corbett.

Corbett claimed he fired in self defense after Dominguez brandished a rock. But the three witnesses –- Dominguez’s two brothers and the girlfriend of one of them — said the agent fired without provocation. In Tucson, Corbett was put on trial for various charges, including second-degree murder. Amid bitter national debate about immigration policy, the case was a political lightning rod. It still is. In early March the jury deadlocked after more than three days of deliberations, and a mistrial was declared.

The trial that just ended centered on questions about Dominguez’s death, such as whether he was kneeling when shot. Almost nothing was said about his life. Union Local 2544, the Tucson chapter of the National Border Patrol Council, referred to Dominguez on its website as “the deceased illegal alien” with “the gang tattoo.” Media reports ofen misstated what city and state in Mexico he was from.

Dominguez’s father, Renato Dominguez, is a brick mason. The family lived in a one-room wooden shack that started collapsing when Francisco Javier was a teenager. His mother, Maria Rivera, said he told her, “‘Don’t cry, Mom. I’m going to make you a house.’” He left for the United States, by himself, to finance the construction. He was 17. He was hired by Bear Naked in about 2004.

I was in Mexico when I read the news about Dominguez’s killing last year, and I went to visit his parents. They mentioned that their son had worked in a cereal company somewhere. A year later I read an article in an Arizona newspaper which noted he’d lived in Stamford. Searching on the Internet I found Bear Naked. I caught a commuter train from New York City, following a hunch. Then I just followed my nose. Though Bear Naked’s building is unmarked, it emits an overpowering bakery smell. At the factory door I was greeted by Coronado, Dominguez’s former roommate. When Dominguez was alive, Coronado, said, employees at Bear Naked “were all like family. Sometimes Kelly would invite us to her house in Darien. Once we went there for a Halloween party. Francisco Javier came.”

Dominguez’s job was calculating the correct amount of nuts, fruits and grains for the granola recipes. Berta, another kitchen worker, got to know Dominguez while she was in the middle of a divorce; the two planned on openly becoming boyfriend and girlfriend when she was single again. “He was very intelligent and peaceful,” Berta recalled. “Practically all he did was work to raise money to build the family house. A couple of days a week he left in late afternoon to study English; otherwise he usually came from 4 a.m. to 6:30 p.m. All he talked about was his house. He would say things like, ‘Berta, the bathroom I’m making is really pretty!’”

Dominguez pored over home-improvement catalogues and chose pink tiles and a pink tub with whirlpool nozzles for his mother. (Where did he get the idea for luxury-style bathing? Berta speculates it could have come from Kelly Flatley’s place in Darien. “We saw her Jacuzzi.”) The outside of Dominguez’ new house is gleaming, white stucco, with filigreed grillwork on doors and windows

When he went back to Mexico in late 2006, he’d been away five years and never seen his dream home. He stayed for two months, and the day he left, he called Berta. “He said he was really happy to be coming back so he could get more money to finish up. ‘I’m going to make the kitchen!’ he said.”

Two days later, Berta got another call from Mexico, about Dominguez’s death. “I called Kelly and she kept saying, ‘No! No! Why did he have to die?’”

Bear Naked’s production workers followed the trial on Spanish language television. They were especially upset at intimations that Dominguez was a gang member. “That’s absurd!” said Berta and several other employees.

In the days just after his death, Berta fell apart. “I spent two weeks unable to work or eat. Kelly came to my house and fed me by hand. When I called Bear Naked’s public relations company and asked to interview Kelly Flatley, she did not respond.

Prosecutor Woods could have put her or Berta on the stand as character witnesses, but his detectives never went to Stamford. Nor did anyone from Bear Naked contact Woods. Since learning from me about Dominguez’s life in America, Woods has been telling the media he’ll present the details at a retrial, slated for this summer. Meanwhile, Dominguez has come off the way most undocumented immigrants do nowadays — as unsavory or, at best, a cipher.

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Need it be said? A nationally important event starts in hours, and you have not learned of it from the New York Times, Washington Post, LA Times or big TV. To get notice, you’d have to have seen Slate, Salon, The Nation – or the cover story of last week’s London Times Sunday Magazine. Yes, cover story. On this side of the pond, nary a line in our lox-and-bagel newspaper mags.

Still, you should know. In the Washington DC area from today through the weekend, a second round of “Winter Soldier” hearings will take place.

Thirty-seven years ago, dozens of US military veterans gathered in a hotel in Detroit for the first such hearings. They testified about atrocities they’d seen and committed while on duty in Vietnam. Vietnam Veterans Against the War organized the 1971 event, and called it “Winter Soldier.” John Kerry was actively involved. A collective of young filmmakers, including Barbara Kopple, memorialized the hearings with a documentary that came out the next year. The hearings and film were virtually ignored by the American media. I finally saw the documentary last month, when excerpts were played in Brooklyn, at a fund raiser for Iraq Veterans Against the War (IVAW). They’re a new generation of anti-war soldier activists — short-haired compared with their elders, and equally brave.

At the fundraiser, some IVAW members previewed the outrages that witnesses will describe this weekend at Winter Soldier 2: immoral and illegal acts committed in Iraq and Afghanistan over the last few years. Then the vets showed the old film. It is stunning, devastating. The men testifying in 1971 are what Tony Kushner would call angels in America. They are young, mostly still in their 20s. They are smooth-faced, sexy, innocent. They are shocked and grief-stricken, with strange affect: sometimes tearful, sometimes with inappropriate smiles. They are guilty, purified, evil — and know it. They have committed rapes, mutilations, and the murder of civilians. They say they are testifying so no American soldiers after them will have to act like animals. In their confessions and anger they are heroes.

If you can’t go to Round 2 of Winter Soldier, or follow it online, at least try to see the old film (link here). But if you can make time for the current event, here’s contact information:

Iraq Vets Against the War has a website with details about the upcoming hearings and instructions on how configure your computer so you can follow the testimony, live, via streaming video and other technology.

Alternet is covering the events and providing online access (see here)

Reporters or others who want to attend in person: Call (202) 253-7298 or go to the hearing site, at the National Labor College, 10000 New Hampshire Avenue, Silver Spring, MD

To obtain the 1972 documentary Winter Soldier, check this site. You can also find clips by entering”Winter Soldier” on Youtube. And you can rent the film from Netflix.com.

(originally posted March 03rd 2008; reposted due to technical difficulties)

Calling all serious civil libertarians! News you can use:

The first political protest against sex offender civil commitment took place March 2. It happened in Coalinga, Calif., outside the grounds of a 1,500-bed state facility - the biggest sex offender civil commitment
lockup in the US. Hundreds of men there have already served their criminal time. Yet, in violation of a raft of constitutional rights, they are imprisoned at Coalinga indefinitely. (For more on the situation and on civil commitment in general, see this Los Angeles Times article).

There are words for this in different but similar situations: Gulag. Guantanamo. Both with “GU” at the beginning. Maybe “Coalinga” should be renamed “Gu-alinga.”

The protest was attended by dozens of people but got almost no coverage, except from a local TV station (see here).

For more information about the movement to insure civil rights for sex
offenders - the most reviled group in America (except, perhaps, for
accused Muslim terrorists) - visit this link.

(Post publication, one comment received from French Wall
March 3rd, 2008 | 6:02 pm)

For info re: the hunger strike and and action leading up to this
protest, check out “Uprising at California Sex Gulag”

Larry Mathews in the Washington, DC area. Kurt Eichenwald in Dallas and New York. Bernie Ward in San Francisco. All involved in child porn scandals while working in the media. And now there’s Dennis Melanson, in Canada. His story has been covered extensively but superficially by the Canadian press, including the CBC. The clip I’m posting, from Canada’s DAILY GLEANER, is the most detailed coverage available (for the web version, click here):

Judge finds former TV host guilty

By MICHAEL STAPLES
staples.michael@dailygleaner.com
Wednesday February 27th, 2008
Appeared on page A1

A former Fredericton TV talk show host found guilty in provincial court Tuesday of accessing child pornography will return for sentencing next month.

Dennis Melanson appeared upset after Judge Graydon Nicholas delivered his verdict. He could receive a jail sentence when he returns to court March 13 at 1:30 p.m.

Melanson, who was charged with accessing child pornography between Jan. 1, 2005, and May 10, 2005, admitted during his trial that he visited child pornography sites on a computer at Rogers Television during the timeline in question.

But he said he was researching the subject as a possible topic for his call-in talk show.

Nicholas said he could accept that argument up to a point, but not after February 2005, the date when Melanson talked to an RCMP officer about child pornography.

Sgt. Jacques Boucher, a cybercrime instructor at the Canada Police College, testified last summer that he appeared on Melanson’s TV show, Melanson Live, in February 2005 to speak about Internet safety.

He said that after the show, he and Melanson discussed briefly the possibility of him returning for another episode to talk about child pornography.

“In my opinion, the surfing the defendant did up to (the) RCMP interview could be educational,” Nicholas said.

Up to that point, the Crown failed to prove its case, Nicholas said. But the fact that Melanson continued to surf the Net for child-porn sites up until May went beyond the desired research, the judge said.

“It is my opinion, the defendant is guilty,” Nicholas said.

He said his decision was a difficult one because of a lack of case law.

Other than the Sharp Decision in 2001, which said there was no accessing child pornography unless it was for a purpose of education, nothing else was available.

Defining how the topic could be applied to education was unclear, he said.

“(There’s) not much case law as to what is an educational purpose.”

In bringing down his verdict, Nicholas warned the public of the consequences of going into areas such as child-porn sites that are forbidden under the Criminal Code of Canada.

Appropriate legal advice should be obtained, Nicholas said.

Melanson, meanwhile, offered no comment as he exited the courtroom and quickly left the building.

But his lawyer, Howard Peters of Fredericton, said his client was disappointed.

“I thought the evidence was clear, following the discussion with Mr. Watters and the RCMP that Mr. Melanson had given the appropriate parties the heads up that he was doing this research or intending to do this research for his shows, which was educational,” Peters said.

Fredericton lawyer Daniel Watters told the court during testimony in November that he encouraged the former host of Melanson Live to do a show on child pornography and that he could surf the Net to see how many images there were, but not to download anything.

Peters agreed there wasn’t much case law and that could be used as grounds for appeal.

The defence lawyer said he wouldn’t do anything differently if he had the trial to do over.

“We knew it was going to come down to a question of this definition or interpretation of education.”

Peters said under the Criminal Code of Canada, such a verdict mandates a jail sentence, but that he would be arguing for a conditional sentence — especially taking into consideration the type of evidence that came forward.

Crown prosecutor Kathy Gregory said she was pleased with the verdict.