June 25, 2004

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Publication Date: Friday, June 25, 2004

500 rally for Brendon Rose

About 500 people gathered at Lions Wayside Park on Saturday to show support for the family of Brendon Rose, 20, as they fight to withdraw his plea of "no contest" to an assault that landed him in state prison to serve eight years.

His parents, Diane and Ken Rose, and his twin brother Adam addressed the crowd to tell their story.

A college party near Santa Clara University on March 22, 2003, turned into a brawl after a girl was pushed, Ken said. When Brendon saw Adam being attacked, he entered the fray, pulled off and hit Jed Bober, then 22, of Gilroy, who fell to the ground. Then, in the heat of the moment, Rose kicked him in the head.

Bober was in the hospital for a month, according to the probation officers' report, being treated for brain injuries.

At the advice of his lawyer, Rose pleaded "no contest" to the charge of assault by means of force likely to produce great bodily injury, rather than go to trial. On May 10, 2004, Judge Diane Northway of Palo Alto Superior Court sentenced him to three years in state prison for the assault, which carried another mandatory five years because the injury caused the victim to be in a coma, in this case induced by doctors while they treated his injuries.

"I cannot stress enough the sorrow and remorse I feel for all that has happened," Brendon Rose wrote in his statement for the court. "I can't imagine how hard it must be for Jed and his family. The thought that someone was injured to that extent ends chills down my spine, and I would never wish it upon anybody. I could not define with words how bad I feel about that night, nor could I ever explain how much I regret it."

The probation officer reported that Rose's comments seemed to be "devoid of personal responsibility." She also said he did not seem "appropriately remorseful for his actions and the effect of those actions on the victim and his family" and recommended state prison.

No one is arguing that Brendon was wrong in his actions and should be punished, said the family, but eight years in state prison is totally out of line.

"Something is wrong," Diane Rose told the crowd. "It frightens me that even people in the judicial system don't understand why a really good kid" has this tough sentence. Adam asked everyone to please write to Brendon. "The only thing that keeps him going is you guys," he said. His comments were met with huge applause.

"I don't think the judge is a bad person," said Ken Rose. "I think she was given bad information."

"I haven't given up on the justice system but I think it needs to change," he added.

"She (the judge) had the power and the authority," said Diane Rose afterward. "She knew (our attorney) was unprepared because she reprimanded him for that. She had a responsibility to take into consideration Brendon's character references, his past non-existent criminal record, his working, and volunteer work for a great portion of his young life."

Friends of the Rose family attended the rally as well as strangers. Julie Testa, a community activist who is currently on the Youth Master Plan Implementation Committee, attended the rally with her three sons, ages 11 to 19. "I feel strongly about his," said Testa, about the harsh sentencing, although she does not know Brendon. "We are all threatened when things get this out of balance. We have to stand up to it."

Diane Rose said Wednesday that they collected 487 signatures on a petition protesting the harsh sentence, at Saturday's rally. They also received 200 letters for the judge.

"The petition is basically to tell the judge they understand what's going on and it's wrong," Diane Rose said. There is also a donation fund to pay for his defense.

Brendon Rose is now at Tehachapi State Prison awaiting a permanent prison assignment, she said. His new lawyer, Michael Cardoza, is asking to withdraw the "no contest" plea.

Visit www.saveourrose.com for more information.

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