Julio Maldonado Faces Deportation After Being Victim Of Hate Crime
7 October 2009, 4:01 PM. By Alex Alvarez
Julio Maldonado and his cousin, Denis Calderon, are both lawful permanent residents of the United States who were born in Peru. Their respective spouses and children are U.S. citizens and they have been living and working in this country - legally - for years, Maldonado having moved here when he was three years old. And he has amazing taste in cardigans.
Here’s the story of the crime, and the resulting case, against these two men:
Back in 1996, Maldonado and Calderon were at Calderon’s home in Philadelphia when the two men were approached by a group of white teenagers who greeted them with a racial slur. When the cousins responded, the teens began pelting them with beer bottles. The men initially tried to escape their attackers, then began defending themselves.
Maldonado grabbed a “Club” anti-theft device and began to beat a teen who had repeatedly stabbed his cousin with a knife. The teen, 18-year-old Christian Saladino, collapsed during the altercation and was taken to a hospital, where he fell into a coma. He died two years later. During the attack, Calderon was able to flee his attacker and run back into his house, where his wife called police. He came out with a bat, but struck no one.
When police arrived at the scene, they arrested Maldonado and Calderon. They recovered two knives at the scene but did not test them for either fingerprints or blood as no witness said either Maldonado or Calderon had used these weapons. The teens involved were never charged with any crime relating to the attack.
Maldonado and Calderon were taken to court, where their lawyers failed to insist on a trail by jury, and were found guilty on charges of aggravated assault, among others, by Judge Gregory Smith and served 2-3 years in prison each. The two men appealed the case based on the incompetence of their lawyers and the court saw it fit to remand the case down for an evidentiary hearing.
Upon Christian Saladino’s death in 1998, prosecutor Seth Williams (who now happens to be the current Democratic nominee for Philadelphia DA) brought murder charges against the two men. This case did go before a jury, which were presented with evidence showing Saladino had a preexisting blood condition and his death were not related to the injuries he received during the attack.
Eventually, the Department of Homeland Security became involved in the case. The started up the process to have the cousins removed from the U.S, based on the conviction they had appealed. Maldonado, who was released early from prison based on good behavior, has refused to sign the documents necessary for removal from the U.S. However, Peru, the country of his birth, processed temporary travel documents that do not require Maldonado’s signature or consent. These documents will allow Maldonado who is, again, a lawful permanent resident of the U.S. who defended himself in an attack prompted by xenophobia, to be deported to Peru.
For those who are interested, here’s a petition you can sign to help Julio Maldonado and Denis Calderon.
Hate Crime Victim Julio Maldonado Wrongfully Convicted, Now Being Deported [Immigrant Rights]
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