ANDRE  BURTON
                                                    
A MESSAGE TO SOCIETY FROM SAN QUENTIN



                            
                     SAN QUENTIN STATE PRISON   

Andre Burton was born in Los Angeles, California.  He lost his father early in his life, at the age of five. This incident had a devastating impact on him and would subsequently destroy his family structure.
At age thirteen Andre found himself in the streets of Compton, searching for a role model to replace the loss of his father.  He fell victim to a family dispute which became the beginning of violence and incarcerations in the juvenile halls, youth authorities, and youth camps.  These places became home until the age of twenty two. The prison system had become his final destination.
The reading of the book, "Malcolm X Autobiography" in a prison cell, changed his life.  Motivated by a sincere desire to learn he began studying history, sociology, psychology, and religion.  He now understands that self determination is a journey of self transformation, thus he has committed himself to helping youth avoid becoming ensnared in the cycle of violence.
Andre is extremely talented in music and a naturally gifted singer/songwriter.  He writes gospel and R&B, receiving strong accolades from many people in the music industry.  He realizes the Herculean struggle which he faces to try to make it in a highly competitive business.  First of all, being black, a prisoner and on death row, he realizes that he will face impossible odds against him.  Although with the strong belief in God, himself, his spiritual strength and undaunting determination he states:  "Odds, no matter how bad, can be beat !"



   To Whom It May Concern...A Note From A Friend Of Andre's :

       This is in response to the composition below written by a young
        man from Long Beach, CA, by the name of Andre Burton who is
        an inmate at San Quentin State Prison on death row.  Andre is one
        of many young black males whom the so called justice system of
        America has trapped in seclusion since the age of nineteen, away
        from his family, away from his freedom to grow and succeed as God
        would want us all to do.
        The purpose of sending this out to you is so that you will read it for
        yourself and possibly share it with your congregation / community and
        maybe the schools in your area.  This would involve making copies but
        just think what a blessing this could be to another minority males life,
        it could keep him away from these new prisons being built.
        Also it would be wonderful if you could take a minute to encourage
        Andre in his endeavors to motivate and encourage the children and
        their parents. If more of us would take time to encourage our own
        maybe we wouldn't lose so many of them.  The same for the brothers
        whom the system wants to devour, we mustn't forget about them-
        they are also our own, and its not over until its over.
        Please take time out and drop Andre a line and let him know what you
        think of his composition or even that you are praying for him.  This
        really is a "Message To Society."

        Thank you ,
        JOANNE JOHNSON
                            ********************************

                    PLEASE READ THIS IMPORTANT LETTER:

 To Whom It May Concern:
 
     My name is Joanne Johnson, I am addressing you in hopes of acquiring   your assistance.  I have in my possession (4) moderate size manuscripts written by a young man who is now and has been  incarcerated at San Quentin state prison for the past fourteen years.   He was inspired to write these manuscripts with the following titles:
 
     (1) Aggression and Survival in the Penal System of America
        (screenplay and philosophical education literature)
 
     (2) The Paper Chaser
     The Paper Chaser (Screenplay)
     The Intellect of the Paper Chaser
 
     (3) The Intellectual Betrayal Through Hypocrisy (Screenplay)
 
     (4) The Afrocentricity Perspective Of Identity
        
     It is Andre's endeavor to consolidate these four manuscripts into one book.  The purpose of this message is to seek help and support in anyway to accomplish this endeavor.  There is a need for someone to  type, edit and if possible guidance in getting the book published.  If there is someone who would like to be a ghostwriter in this project, to help spice up the book a little that would also be a big help.
     If you are reading this message and you have the time and the  expertise in any of these areas please contact me so that we can communicate.  I can be reached by telephone at (510) 769-0169, I hope to hear from you soon.  Thank you for your attention!     
 
     Joanne Johnson




 MESSAGE TO SOCIETY
 Author:  Andre Burton   Co-Author: Joanne Johnson
 

                                    To the mothers of society...
                                    To the fathers of society...
                           To the teachers in the schools of society...
                                     To the church of society...
                            To the social services and regenerating
                            organizations within communities of society...
 

I greet you here on death row sitting in an isolated cell at California's infamous San Quentin State Prison, in the east block cell unit.  I am from the Los Angeles area, Long Beach CA.  My name is Andre Burton.

I have been incarcerated since the age of 19.  In 1985 I was wrongly and falsely convicted and condemned under California's felony murder statue (for a robbery murder).  A crime I never committed.  I have maintained my innocence throughout my trial and now rest my faith and prayers in God and the success of my post conviction litigation.  The United States court system............

The purpose of this composition is to share a message with society.  There is a war going on before your eyes and many of you have been neglecting the thought of the victims that are dying in this war, as perceived to be your sons and daughters.  They're seeking help that your society has not been giving.  A mother gone, a father gone, and a child grows up in the streets to experience nothing but hard times.  Look around you...can you not perceive the death in society ?  Can you not perceive the irresponsibility in the homes of society?  In the teachers of the schools of society, the churches of society and in the social services within the communities of society ?  Then you wonder why youth (your sons and daughters) have turned away from you (society),  because you have failed in your responsibility to help them perceive and understand themselves.  When a child has no knowledge of self that child or that life becomes death to society.  It is society's responsibility to help the youth develop a mental and spiritual balance of self.

This has not been the case, why?  The war we poor people find ourselves in has been conditioned in our minds to keep us disconnected from our rightful positions as people.  We are born into a system through the society  of "America" that teaches us how to accept a lie over the truth.  When you accept and teach a lie over the truth, you actually help to destroy the potentials that exist in every human life in society.

The iniquities of the institutions of the world are the cause of this war you see going on in the streets in your society and community.  Its time to be responsible and fight back with love and concern, now that you are aware!  HOW DO WE DO THAT?

The spirit of connecting among those whose presence can represent a change toward a new beginning for the youth of society must be formed by communicating among the youth in the street.  You must understand that many of the men and women in the street are out there trying to survive.......survival as human beings in America is derived from seeking to see a change for the betterment in our evolutionary march toward an absolute.  You do want a change in the minds and ways of the youth of our society, don't you?  Well, there will never be a revolution of conditions until you stand up to be responsible for helping to change within......become an example!

Perceive the fact that "Amerika" has never accepted men who came from the lower class in her society.  Her prisons are full of the poor, lower class people.  This society loves isolating the poor, unfortunately in these institutions destroying us socially and potentially.
We men and women of society are in a sad situation that only God can help us to correct.  He can help us through the purpose of stopping the war against ourselves, and also in our abilities to take full responsibility for our wrong.  Such as neglecting to nurture to a position of strength, the lives that many of you produce.  There has to be some order and unification in yourself, ourselves.

A demeanor of order is derived from perceiving that in this world there can be no progression without applying yourself to a cause of that which would be appropriate to your life and to collective services in the communities.

              "Unity becomes real when the people who devote themselves
           to anything understand their responsibility to that thing or person."

Every human soul has been given to respond to its calling according to the will of God in you.  When your calling is in agreement with the source that is guiding you, and you DO UNTO OTHERS AROUND YOU AS YOU WOULD HAVE THEM DO UNTO YOU.  From that, a great deal of issues can be addressed and developed which will then enable the community to meet responsible aims and reach ever flowing objectives.  Its never too late to get involved in producing a better, healthier society.

We must all take a positive stand and do something good for the betterment of the community where we live and allow our children to be educated.
 

MESSAGE TO SOCIETY (PART II)

This compositional message to you is written out of my deepest concern for the youth of this society and those of you who come from broken families, but yet still have a chance at life.  I don't want you to end up dead or incarcerated on death row, as a victim of social injustice, like me.  It is important to me that I help you to understand that "the judicial court system is after you!"

                        The three strikes you're out law is set up to get you...
                        The sales of crack cocaine the drug law is set up to get
                        you.  The hanging out in the street is set up to get you.
                        The black on black crime is set up to keep you against yourself
                        and your kind.  The black and Hispanic war is set up to keep
                        the black and the brown against one another, over a community
                        where we exist but do not own.
                        America has even set up wars against itself, Caucasians who are
                        poor and less fortunate than the elite.  You know who you are, yes
                        you are victims also !
                       The blackman is losing the war...
                        The brownman is losing the war...
                        The poor and less fortunate are losing too...
                        The police and the court system is winning, while the United
                        States government is building new prisons to lock us all up to
                        kill one another.

Mama gone, father gone while another generation of youth grow up in the prison system to experience nothing but hard times.  Rise up in consciousness and identify with who you are.  Let this information become a tool that you can use to motivate your thinking around the traps that are laid out to destroy you against yourself.

Let information in this hour become a surety that you will, from this day forward give up the drugs-FOR BOOKS.  This will enable you to devote your life to something meaningful.  We can no longer continue to allow ourselves to become victims of propaganda and deceit.  Among those whose presence have no significance to our survival and struggle as men and women.

We have to look after one another, respect self and one another, meaning those whose existence is far from understanding our cause of survival. Its our responsibility to teach them !    Even though many of us find ourselves under some strange dark circumstances, we must still become inspired to give and give and give of ourselves in our struggle.  We must become a better warrior and a better man, with a mentality of God.

I encourage you to become a better man and give of yourself to help and support your brother to become a better man and encourage your brother to become a better man and encourage him to encourage another man.  Together we will be connecting back to the source that created us all as man in his image and likeness according to his will.  In rebuilding the human being and up lifting ourselves in our cause to survive here  in the states of "Amerika".

DO NOT GIVE UP...DIG DEEPLY, EDUCATE YOURSELVES AND SHARE YOUR LEARNING WITH THOSE AROUND YOU.  Support your home boys, your comrades, members of your family and of your community.  BECOME AN EXAMPLE, of neatness, goodness and righteousness that will enable them to look at God when they cannot seem to find hope that is needed in their endeavors to become aware of their rightful duties.  I encourage the mothers, the fathers, the teachers, the churches and the social services and regenerating organizations within the community of society to get involved to "STOP THE KILLING"!

Please do not neglect this message to society....................................................
save the babies, the youth, the young adults, help them to help themselves.  Do not give up on the children, do not let them end up dead or incarcerated.  That will not help them correct themselves.  The judicial system has gathered up enough of our youth, which makes matters worse.  Now it's time that we gather up those who are still waiting to be embraced by someone who is willing to show them a better way.  Together we can see this message turned into a reality, a new beginning for us all.

LETS GO TO WORK AND SAVE SOME LIVES...........You be the MOTIVATOR, the LEADER, the EDUCATOR, and DO GOD'S WILL.........LETS GO BACK TO BEING MASTER BUILDERS IN ALL THINGS.
 

Written By:   Andre Burton        Mr Andre Burton
                                P O Box C44728
                             San Quentin State Prison
                              San Quentin, California
                                 94974  USA

 





 A NEWSPAPER ARTICLE ABOUT ANDRE'S CASE:

         From Daily Journal Friday October 31, 1997:
 

                             Justices To Examine Lack of Defense Case
    The High Court Will Consider A Death Row Inmate's Claim That His Attorney Did Not
                                               Defend Him In The Guilt Phase

By Phillip Carrizosa
Daily Journal Staff Writer

After pondering the case for nearly four years, the California Supreme Court has decided to take a closer look at a death row inmates claim that he was given virtually no defense at the guilt phase of his trial by his attorney, Ronald J, Slick of Long Beach.

Five of the courts seven justices voted to issue an order to show cause why the death sentence and murder conviction of Andre Burton should not be set aside because Burton was denied his right to present a defense.

The decision  to issue a show-cause order in a capital case is relatively rare, occurring only once or twice a year.  And while such orders do not always lead to the reversal of a death sentence or a murder conviction, they do indicate the justices see some merit to the defense claim and raise the possibility of a partial or complete reversal.  Burton, then 19, was convicted of shooting a Long Beach woman to death in 1983 as she ran to the aid of her son, a convenience store owner who had just been robbed and shot for 190$ in rolled coins.  Burton's murder conviction and death sentence were narrowly upheld by the State Supreme Court in 1989 on a 4-3 vote.

At that time, the court did not consider the performance of attorney Slick because his attorneys said the trial record did not provide sufficient evidence to make an ineffective assistance of counsel claim.  But in August of 1993,  Burton's new attorney, Joel Baruch of Irvine, filed a habeas corpus petition contending that a more thorough investigation showed that Slick made no effort to defend Burton against the murder charge despite evidence that Burton, now 34, was misidentified and was actually elsewhere at the time of the crimes.

Baruch tore into Slick's performance, saying he has the "dubious distinction" of having defended eight trials that led to death sentences, more than any other California trial lawyer.  He asserted that Slick was appointed to capital cases not because he was qualified or effective but because he would move the cases quickly through the courts at little cost to the county.

At Burton's trial, Baruch contends, Slick did not visit his client until after he decided not to present a defense at the guilt phase and Slick's assumption that Burton was guilty "invites the jury to adopt" the same assumption.

Baruch said Slick also failed to prepare adequately for the penalty phase by not conducting discovery into the prosecution's aggravating evidence and not investigating available mitigating evidence.

Slick is now a juvenile court commissioner in Compton.  He could not be reached immediately for comment.

Baruch cited two cases in which the courts have reversed criminal convictions because of Slick's ineffective assistance, including the state Supreme Court's reversal of a capital case, In re Wilson, 3  Cal.4th 945 (1992).

In response,  the state attorney general's office simply said the claims raised were untimely and should have been raised much earlier.  Although Baruch raised a multitude of criticisms of Slick's performance, the justices said they were just interested in one, namely whether Burton was denied a defense when, just before the trial started, he expressed dissatisfaction with Slick and asked to represent himself.  Burton apparently wanted to present an alibi defense and contended that police had fabricated his purported confession.

Without addressing the merits,  the attorney general's office replied that particular claim was raised and rejected in a habeas corpus petition that was denied back in 1989 with the direct appeal.

But  Baruch replied that the issue was not fully investigated until the federal courts provided the funds and that produced the new evidence Burton was not at the scene of the shooting, that another person had been identified as the gunman,  that eyewitness testimony was tainted and that the confession was fabricated.

"Now the state is going to have to address our issues." said Baruch.

Deputy Attorney General Kerrigan Keach declined to comment, saying she had just recently been assigned to the case.  Voting to issue the show cause order in In re Burton on Habeas Corpus, S034725,  were Chief Justice Ronald M George and Justices Stanley Mosk, Joyce L Kennard, Kathryn Micide Werdegar and Janice R Brown.




                            TO CONTACT ANDRE

WRITE DIRECTLY TO :

                            Mr Andre Burton
                            P O Box C44728
                            San Quentin State Prison
                            San Quentin, California
                                   94974
                                   USA




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Last updated February 12, 1999
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