David Dew C67417
Worthy and indicative to the month of Black History, this article is a reminder to those in power throughout the United States of America of Abraham Lincoln which liberated slavery by proclamation in 1863, and the constant reminder still, that hatred and racism toward Black people still exists to this day in 2024.
Quoted, “So many African American leaders, celebrities, pastors, and politicians, speak about how far we have come as a people, and they also express their thoughts of the ongoing systemic racism. So, now I am asking the same people to imagine me, David Dew calling out from behind the prison walls for the past 35 years, for people to join with me not only in support of my release but in support of a National Movement of Love, which I believe will ultimately FREE US ALL”
Some people have heard this story before, millions have not. David Dew has been wrongfully incarcerated for the past 41 years in a California state prison. (Currently @ California Men’s Colony, San Luis Obispo) David is from Pine Bluff Arkansas and traveled to California in 1982 to be closer to his two sons. He was in the wrong place at the wrong time when he stopped in San Diego CA. Now before I continue, I should tell you that in 1982 there was a treaty signed between the white supremacists and the Black people, not to incarcerate, kill or maim, each other’s race. This was a headquarters for the Ku Klux Klan. A Bishop told this.
He was staying at a hotel when he met two gentlemen who would become his codefendants. David was a performer, so he had a van that he traveled in. These two gentlemen asked if he could help them move items from where one of them was living, he agreed. The owner of the home was there at the time and was not happy to see any of them when they arrived. He said, “Roy, I told you not to bring any more people to my home, guys I don’t want anyone in my home.” David turned around and went back to the van to listen to his music. He never entered the home. A few minutes later, the two men opened the back door of the van and began loading items from the home. David had no idea that the men had tied up and killed the occupant of the home, by blunt force trauma to the head with a trophy, in what was a lover’s gay rage. (keep this thought). David was not aware of the murder until after returning to the hotel. He began throwing items out of his van, some of which were stolen as well, that he was not aware of. There was a hooker, Ramona Smith who was associated by knowing all of them involved. However, she did not like David, he wanted nothing to do with her. David was a street hustler back then. Two days later detectives came to question David, they never let him go and he was arrested, for second-degree murder.
During their investigation, all mishap of judicial errors begins with the case. Ramona Smith provided a note and testimony to the chief investigator of the crime, whom she had been sleeping with and conducted a “telephone” interrogation in a hotel room with the two codefendants who were “high as hell on something.” She also wrote a note and provided information about something she heard David say when in fact it was one of the codefendants. This would eventually become hearsay and an inadmissible document as she never showed up in court. The two co-defendants fled and were found two weeks later. Philipsborn went to consult with David. During this time, Steve Raglan had spoken with an attorney and told him that he wanted to testify for David because he had no knowledge of the murder, nor did he take part in the struggle that led to the murder of the victim. The Attorney told him, “Write everything down on paper.” He did. He wrote two letters telling him David was not involved and gave them to him. The Attorney provided those letters to Philipsborn before the preliminary hearing. David knew about Raglan writing and sending the letters to his public defender, so David asked him if he had received them. “Yes, he said. I received the letters.” “Good then you will be able to get me out of here,” said David. A couple of months went by, and David was calling to find out what was going on, so Philipsborn returned to see David. “What is happening? I thought you were going to get me out of here.” “Well,” he said. The judge wants to give you fifteen to life for second degree murder, you may be out in 7 years, or you may get the death penalty.” “What happened to the letters?” said David. “Well, the judge probably won’t even look at them, I don’t know what happened to them, I lost them.” David was furious and changed his plea five times over the course of the next few weeks and even fired Philipsborn as his public defender. That did not faze him or the court. Right before court Philipsborn told David, “To shut the F…up, you are not changing your plea again and you are not firing me either.” David at this time had a fifth-grade education and a learning disability, which were compounded by the life-threatening beatings he had endured during his childhood, from his father on a regular basis, so he was not fully aware of or understanding what was going on. During court proceedings, David was “NEVER SWORN INTO COURT” Philipsborn told the judge that he had “extraordinary evidence” (the letters) that if presented to the court, could keep his client from being convicted. The judge eluded that he was apprised of the situation and told David that he was making the right decision in taking the plea and they railroaded him into a fifteen to life plea. Philipsborn never argued for David. David was convicted and sent to prison within a five-week period. He is still incarcerated forty-one years later.
After being incarcerated David was asked to take part in the Atascadero Drug Rehabilitation Program, which was only offered to rich white boys and David would be the first African American to pave the way for others. Although he was never into drugs the counselor and the psychologist were both aware that David was not supposed to be in prison due to his comprehension and the fact that he was innocent. There was also a fabricated rape charge in David’s jacket. Which meant other inmates would be made aware of this and make things worse for him in prison. It was at this time that a counselor encouraged David to start a foundation and Save America’s Children, The Movement of Love & The Movement of Good was born. After two years of incarceration David met and married Nancy, she was a doctor and helped David by finding undercover personnel to go into Philipsborn’s office and find the letters he said were lost. We have them, they were just never presented to the court. She also paid an attorney to remove the false allegation of rape. It was also during this period that David was asked to become the president of the program by the director. He learned how to love himself and share unconditional love for others, even saving the life of an officer, restraining the person until personnel arrived. David created Gangs Anonymous to help educate and rehabilitate prisoners, and other programs that the prison system still uses to day for recidivism. His IQ started to rise as he began to take part in every program available to him and read every book. The Carter administration was preaching “lock everyone up” David began trying to rehabilitate everyone. They would throw David in the hole for months at a time trying to break him. This was the era of mass incarceration.
During David’s incarceration he would write letters to express his innocence and plead for help to Presidents, Pastors, Senators, assembly people, celebrities even Pope Francis. He caught the attention of Senator Alan Cranston who became an incredibly good friend, and he would continually visit David and they would hold conversations for hours about how a world movement for peace and love could happen around the world. Pope Francis replied and offered his forever blessing upon the foundation and his release. The Senator introduced his good friend Ex Supreme Court Justice Cruz Reynoso to David to help in his fight for freedom, He was an American civil rights lawyer and jurist. Reynoso was the first Chicano Associate Justice of the California Supreme Court; A parole hearing was held in 1997 for David, but San Diego denied David’s due process and disallowed Senator Cranston from speaking on David’s behalf and he was not released. David also made a “whistleblowing act” toward a gentleman who was going to be reappointed back to the prison board, David had information that he should not be, and the facts were shared during this hearing. The gentleman was not reappointed, and David was told, “You will never get out of this prison unless you are in a pine box and for years while he was in Soledad 5 correctional officers made life hell for him including setting him up at different times, medically torturing him in the dental chair and waterboarding him, even trying to transfer him to Lancaster where he was told that once he arrived there they would kill him. Told to him by two correctional officers who overheard conversations.
David became aware that he was in prison for a purpose by God to do a Movement of Love and Peace around the world. Senator Alan Cranston also introduced Pastor Cecil “Chip” Murray to David. He pastored the FAME Episcopal church which he grew to a congregation of 18,000 in Los Angeles, CA and brought almost a billion dollars of revenue to the city. He became actively involved in issues of job-training, providing home loans, affordable housing, Aids/Hiv awareness, distribution of condoms and focusing on economic development. He became nationally known during the wake of the 1992 riots in Los Angeles fueled by the beating of Rodney King. He opened the church doors as a haven. David just knew he was in the company of “History Makers” and Pastor Murray became his faith father for 25 years, but to no avail, still unable to see David free.
David is the prime example of how one can disappear in a criminal justice system, brought before many people who all claim to be intelligent personnel who all took personal oaths to uphold the law and to defend it with truth and honor. Naively, he put his trust in a court appointed public defender and an unforgiving judge. David ultimately fell victim to incompetence, apathy, and corruption. The question is still asked to this day, “Is David suitable for society?” Well, the answer is, this world would be a better place with David in it. GOD! rehabilitated him to perfection. You really must wonder why a man who has been through so much evil would have the tenacity to want Love and Peace in the world. It is because he has always had love in his heart. David was in front of the parole board nine separate times. Each time a psychiatrist would present his evaluation, it was soon decided that David would never be suitable for release, the parole board kept finding him unfit for society. An evaluation which was prepared in 1995 and were hidden in a separate confidential file along with other documents and used over, and over, only changing the date. So, it looked as if David never evolved. One evaluation was so bad the judge asked the psychiatrist to go back and do it over. David did not need rehabilitation, he needed education and a purpose to sustain him through these years and keep him sane and alive.
Being a creator, David began to do paintings which were sold, and the proceeds helped the children in underprivileged schools. He created a bracelet, as a lifesaving device to be used as a deterrent, to help save the lives of children. Free fundamental bullying programs for educators and schools. He wrote four anti-bullying movement songs to change the trajectory of hate around the world. Pillows with four hands to portray diversity and inclusion. Videos were made for bullying and others, to keep the focus on freedom for David by these history makers and keep their promise alive to David.
I was introduced to David in the latter year of 2014 over the phone. I am the CEO, Director & Producer of the MDK Radio Show. I wanted to link my show to a children’s foundation to give back to the children and the community. Over the course of two months, I was completely unaware of his incarceration in prison. He spoke only of Save America’s Children and The Movement of Love. He was highly intelligent and intriguing, and he was very enthusiastic about children and society. I was then made aware of his life taken away by a system that completely failed him. Soon after I was asked to be the president of his foundation. Immediately I started asking questions and doing research as to why all these high-profile professional people were unable to help him. I quickly became introduced to Pastor Murray, Lynn Crandall of the USC IGM Art Gallery, and Ex Supreme Court Justice Cruz Reynoso.
David and I created the Superhero show where I gave my show to the kids twice a month. By the kids, for the kids. They would come on to share their stories of bullying and ridicule, speaking about how to overcome their experiences and how to help their classmates overcome what they were experiencing as well. Some mothers came as guests sharing the overwhelming loss of their child to suicide because of bullying. It was immensely powerful and heartfelt. I made the children superheroes and presented plaques. I shared everything about the foundation and aired David’s movement songs as well and produced videos. In 2016 we produced a Movement of Love & Reconciliation with the community and all leaders, pastors and USC at the City of Refuge church in Inglewood, CA. We reached the community with love and introduced the school programs. It was at this time that David was able to offer his voice and ideas to President Obama about the police ambushes that were taking place when the college student was shot and sparked violence once again. It was an honor to speak on stage in front of four thousand parishioners and receive awards from the city of Los Angeles for our efforts. David directed everything, and it was a beautiful God driven day. And we are looking forward to continuing upon his release.
All the attention and focus now was directed to David in the prison. The correctional officers quickly jumped into play and began focusing again on transferring David and once again he was being targeted. He and I had just finished part 1 of his book “Factually Innocent” Available on Amazon which depicts his childhood, his once lifestyle, and his wrongful incarceration. However, the laws began to change as well favoring towards David’s freedom. Senator Nancy Skinner started writing bill sb1437. If a convicted prisoner was not the main participant of a crime, he/she would be suitable for resentencing or release. San Diego Courts quickly made it known that they were not going to abide or adhere to the new law. District Attorneys, Attorney Generals and Judges began vocalizing their thoughts to Governor Brown and were outraged. This was a blessing for David. It took us three attempts and finally we were able to get commutation paperwork to Governor Brown’s attorney Groban. There was a mole who interfered and even called Cruz Reynos trying to halt the paperwork from reaching him. It finally got through.
Fast Forward…To date. In 2021 was David’s first 1437 Evidentiary hearing. MaryEllen Attridge came out of retirement for David’s case. The Judge denied David’s 1437 allowing one note to go through which was hearsay from Ramona Smith who never showed up in court and it was thrown out at the preliminary hearing forty-one years ago. Remember? The Judge also changed the arrest report, and the transcript in three separate places. MaryEllen was yelling at him that what he was doing was against the law, but he didn’t care. She said David’s 1st, 2nd, 3rd, 4th, 5th & 6th amendments were all violated. She did not use the letters written by the codefendant; she thought her brief was sufficient.
May 2022…The Appellate Hearing. After a year Christopher Nalls vacated the case because he did not want to ruin his reputation and he couldn’t cover up what the Judge did in the evidentiary hearing. His brief mirrored MaryEllen’s. 1st, 2nd, 3rd, 4th, 5th & 6th amendments all violated, with a question. “Why was this man rushed through his conviction and sentenced to prison within a 5-week time period?” The Attorney General argued to the court that David should not be released because he was a main participant of the crime stabbing the victim to death. “The victim was hit over the head with a blunt object, a trophy.” They also allowed the one note of hearsay again to go through and denied his release.
June 2023…A Re Evidentiary hearing with Jenerra Crenshaw (an African American PD) Thank you Jesus. Again, in front of the 1st evidentiary Judge. A conflict of interest as the Public Defender who set David up and didn’t argue for him fourty-one years ago, is a huge Criminal Defense Attorney in San Francisco and they are very good friends. Jenerra was not understanding all of David’s innocence as she was listening to her predecessors, so she hired an undercover investigator who found all the primary attorney’s from the beginning. he obtained four sworn testimonies of innocence and a sworn testimony written in 2005 by Philipsborn who said that he was aware that David was not part of the struggle that took the life of the victim. He asked her not to use that declaration but another that was written in 2018 when David and I called him. This is where he contradicted himself. As they sat in court Jenerra directed the judge to note the four sworn testimonies but then also directs him to look at the preliminary transcript from fourty one years ago and she reads from the transcript and points out that David, “was never sworn into court” the Judge turned three sheets of RED, he was furious and he sunk down in his seat and said, ”I don’t care if it was 1982 the Judge then would have never let that happen.” She said, “Well he did your honor it is right here, in his own words.” The judge stood up looked at the DA and looked back at her and said, “this is postponed and walked out of the court room.”
As I am drafting this story today, we are awaiting another Appellate hearing with another African American attorney. Hallelujah God is Good!! She is reviewing with Jenerra all the evidence and information.
David and I are calling out to all media and activists to review the information that I have just provided and know that everything is true and factual. David still awaits his freedom and is calling out for a civil law firm to provide legal representation to help in his decades-old case. David is highly intelligent and has every piece of evidence since day one. San Diego never thought that he would still be alive, or this day would come when they would have to answer to their actions of what is being called an at least a fifty-year corruption. Who else besides David and how many other families have been affected after his wrongful incarceration?”
Please take the time to write to David. He awaits your letters and encouragement for freedom and speaking on many platforms. He is also looking forward to advocating for others. I thank you for reading his story and we both look forward to meeting many of you who are in understanding that our dying world of hatred needs A National Movement of Love not only for ourselves today but for our generations of children to succeed and thrive in a better world. “Seek The Good That Lies Within”
Written by Karen Marine
California Men’s Colony
PO Box 8101
ATTN: David Dew C67417
San Luis Obispo, CA. 93409
