MIRACLE BY THE BAY Part II

By Warren Yates

2/27/16

On November 15, 2013, while snitch Ryan was unloading groceries from his car at his complex, a subject ran up to him and shot at him with a 40 caliber handgun. One bullet went through his wrist and one grazed his thigh. That incident is what started the nightmare for Gerardo and Jessica. When the 911 call came in, the caller stated that a person has been shot and they don’t know who did it. When the police arrived and talked to snitch Ryan, he said that Gerardo who lives across the street shot him.

The police went across the street to Gerardo’s apartment office and confirmed that he lived there. During the course of the investigation, it was six weeks until December 26, 2013 before the police went and arrested Gerardo. Since snitch Ryan made a positive identification of the shooter as being Gerardo, why did the police not immediately lock Gerardo up the day of the shooting? Could it possibly be because they didn’t trust the word of snitch Ryan? Regardless, they still put Gerardo in jail and charged with attempted murder.

Gerardo Hernandez

Gerardo had a series of attorneys, public defenders and one private attorney, who took the case through the preliminary hearing but did not do a proper investigation. So Gerardo was held to answer. So he suffered in jail until the family came to the law offices of Alonzo Gradford. We then began to investigate the case. 

Again, public record, Leigh Frasier was the deputy Dist. Atty. IV that was assigned this case for the prosecution. As revealed in Transparent America, Ms. Frasier’s earnings in 2014 were $262,445.93. I am sure that her earnings in 2015 will surpass that figure. So Santa Clara County only puts their best on cases of this serious nature. I’m glad they did, because her best wasn’t good enough as you will learn a little later in this article.

Ms. Frasier’s conduct during all of the pretrial hearings and various motions that had to be made was abhorrent and bordering on unethical. A week before the trial was to start, in the judge’s chambers, Ms. Frazer indicated that her mother was in the hospital and having a hard time breathing there in Tennessee. It was suggested that possibly Ms. Frasier should have another deputy Dist. Atty. handle the case so that she could be with her mother in Tennessee.

Rather than go to her mother who was sick in the hospital, she told the judge if her mother got worse she would just have to leave the trial. She was adamant about getting Gerardo Hernandez convicted and would let nothing get in the way of her agenda. As the trial started, I was witness to her rude, arrogant, condescending, pompous and disdaining attitude toward this “country bumpkin” attorney and investigator from Modesto, wherever that is.

Ms. Frasier is obviously more acquainted with the upper echelon of barristers she is generally familiar with. So here we come, David to fight the Goliath. Just as David did in the Bible, we picked up several smooth stones and ran toward Goliath.

I am not going to go into all of the details of the trial and rude conduct by both the judge and Ms. Frasier. I could write a book about that. There is no doubt that the judge had a preconceived notion that our client, Gerardo was guilty without a trial. Ms. Frasier also considered the case of slam-dunk and a notch in her win column.

The day the shooting when the police interviewed the managers across the street from the scene of the shooting a which is the apartment complex in which Gerardo and Jessica lived, they didn’t get too much information and didn’t ask too many questions. The women indicated that after they heard the shots fired they opened the door quickly and saw a gold car driving away with red and white temporary dealer license plates. That is all the information the police got from them.

Next part III Let the lies begin