Pubdate: Thu, 29 Jul 2004 Source: San Jose Mercury News (CA) Copyright: 2004 San Jose Mercury News Contact: http://www.bayarea.com/mld/mercurynews Details: http://www.mapinc.org/media/390 Author: Scott Herhold ACTIVIST SOFTENS OPINION ON JUSTICE Fifteen minutes after a Santa Clara County grand jury indicted a state narcotics agent in the shooting death of his brother, Raul Cardenas bent down and kissed the steps of the old courthouse downtown. ``There is justice,'' he said, framing a V with his fingers. At 59, Raul is the patriarch of the Cardenas clan, 16 years his slain brother's elder. For a week, he attended every grand jury session clad in black, his shirt decorated with a United Farm Workers pin and an American flag, his brother's death report in a battered manila file that he clutched in his hand. Somewhere along the line, he underwent a conversion from confirmed doubter to cautious believer in a judicial system trying to find the reasons his brother was killed. That change reflected one of the chief benefits of the extraordinary weeklong session of the grand jury: Regardless of the outcome, it was a truth Commission, a chance to see a tragic case in all its chaos, all its humanity. In the moment that Raul kissed the steps Wednesday, whether narcotics agent Michael Walker, 33, would ultimately be convicted was secondary. Against what Raul saw as overwhelming odds, a jury of 18 people had found reason to try a state cop who shot Rodolfo ``Rudy'' Cardenas in the back Feb. 17. The point was not simply that justice was done: There was enough evidence to indict Walker. More important, it was seen to be done. Had the grand jury come back after a private session -- indictment or no -- prejudices on both sides would have festered. As it was, we got a glimpse of how tragedy unspooled: an unwise flight by Rudy Cardenas, a series of fatal assumptions by state agents, the quiet professionalism of San Jose police. Even Walker, whose story sounded strained on a stage controlled by the prosecution, didn't come across as a monster. He'll have another day in court. A moment in history For Raul Cardenas, Wednesday was a moment of history in a place he knows well. Though he lives in Bakersfield now, caring for his elderly mother, he's spent a good part of his life here. His family moved to San Jose in the 1960s, not long after he graduated from high school in McAllen, Texas. Raul was the oldest of seven and was responsible for helping raise his younger brothers and sisters. He remembers his youngest brother, Rudy, as a mischievous but likable kid. The eldest and youngest had a bond, even a physical resemblance: Each was 5 feet 4, with the same weight, the same mustache and the same smile. ``Rudy used to always make you laugh,'' said Raul, recalling how his brother once fell out of a tree and broke his arm but hid in the basement because he feared his mother's wrath. ``People just liked being around him.'' A full decade and a half older than his brother, Raul gravitated to community activism in the 1970s -- and there is something of the old militant about him, fondly recalling the days of the cause, sprinkling his tales with well-chosen profanity. He remembers working with Cesar Chavez on the grape boycott and persuading then-Mayor Janet Gray Hayes to get into a low-rider car. He wrote a column called ``Low Writer'' for the suburban Sun newspapers and was a disc jockey at KSJS. He grew up knowing that political change was possible -- with a struggle. ``It's always been an uphill battle for anything we feel is our rights,'' Raul said. ``It's not handed to you. You have to fight for it.'' New perspective When the grand jury hearing began last week, that skepticism infused Raul's thinking. After Deputy District Attorney Lane Liroff had given his opening statement, Raul told reporters that he thought the prosecuting attorney was ``incompetent.'' He said he expected only 1 percent justice. And with the rest of his family, he was doubtful about an indictment. By the end of the week, he was referring to Liroff as ``Tiger'' after his aggressive examination of the state agents. ``I think he's done a good job,'' Raul said. ``He's been strong.'' Yet that was hardly a predictor of how the grand jury would decide. When the bailiffs let the audience into the courtroom at 1:30 p.m. Wednesday, they cautioned against outbursts. They needn't have bothered with Raul. He sat with his fingers propped against his head, occasionally closing his eyes as he waited for the decision. When it came, even though the details of the charges against Walker weren't clear, he exhaled in relief. Outside, he hugged his relatives and friends. And somewhere the old militant softened just a bit. ``I wanted to know the truth. It's never going to lessen the pain for us, missing Rudy,'' Raul said as he left. ``But at least this is some sort of thing that will open the gates of justice in Santa Clara County.'' - --- MAP posted-by: Josh