Dear San Francisco: "Sell Crack or Die" Isn't a Real Choice

Dear San Francisco Superior Court Jury,

After hearing of your recent decision convicting an apparent trafficking victim of selling drugs at gunpoint, I felt compelled to write to you about the concept of control, since it is apparently a foreign concept to you. Should you care to look it up, the definition is here, but I can summarize by saying one person controls another when he has the power to direct or determine that other person's thoughts and/or actions. One example of full and coercive control you may have heard of is the institution of human trafficking, aka modern-day slavery. Since human trafficking has recently been the subject of a Lifetime mini-series, several feature films, and a New York Times series, I will assume that you have not been, in fact, living under rocks and have heard of it.

What you apparently don't understand, based on the explanations you gave of your recent decision that Rigoberto Valle is guilty of being a drug dealer and not a human trafficking victim, is how modern-day slavery works. In modern-day slavery, a trafficker uses force, fraud, or coercion to exploit someone's labor under violence or the threat of violence. Now I don't know if you've ever been forced to do something at gun-point or knife-point (as Mr. Valle described his interaction with his traffickers), but it greatly reduces your bargaining power. If your trafficker holds a gun to your head and says "pick tomatoes," you pick tomatoes over being shot. If he holds a knife to your chest and says "have sex with this man", you have sex over being stabbed. And if he threatens to shoot or stab you if you don't sell crack, well, then you sell crack.

What most trafficking victims don't have the power to do is tell the trafficker "I'm sorry, I'd prefer for you to enslave me in a legal industry, so if I get caught in a police sting, there won't be any confusion as to who was in the wrong." If they can do that, they probably can escape trafficking. So, when you say,

"To me, it came down to that he knew what he was doing was illegal. I don't think he honestly cared,"

I have to disagree. I think he cared a great deal not to be shot, arrested, or deported. I think he cared that he was being forced to do something dangerous and illegal in a country where he didn't understand the legal system. I think he cared not to put his family into further debt. Did he "choose" selling crack over death? Can that really be considered a choice?

I did not sit and listen to two lawyers hash this case out as you did, so perhaps this was not the miscarriage of justice it seems to be. Perhaps Mr. Valle was guilty of selling drugs of his own free will and wove a well-crafted lie about being a pawn in an international organized criminal syndicate to get out of going to jail. I can't say for sure that he's innocent. I can, however, say for sure that trafficking victims are enslaved every day in both legal and illegal industries. Some victims in illegal industries like prostitution and drug-selling are recognized by law enforcement for what they are: innocent people forced to do something against their will. But too often they are arrested as prostitutes or drug dealers or illegal immigrants and deported. The "sell crack or die defense" isn't just a defense -- it's a reality for some trafficking victims.

So, San Francisco Superior Court Jury, when you say you wanted to find Mr. Valle not guilty, I ask you to look deep inside and ask yourselves why you didn't. Was it really easier to believe him capable of inventing a story about evil traffickers forcing him to sell crack than to believe men were capable of enslaving him as a drug-dealer? Or was it easier to think that because he was a grown man, he should have been able to fight back? Was it easier to think that because he was an immigrant who had entered the country illegally, he could have committed other crimes as well? Thinking about human trafficking in a real and meaningful way is rarely easy. And neither are the lives of its victims, no matter what they are forced to do.

Photo credit: Marco Gomes