Earlier this year, Daniel Sanchez-Estrada was sentenced to 30 years in prison for moving a box of zines. He was charged with corruptly concealing a document or record, one of the nine people convicted in the prosecution following last year’s noise demonstration at the Prairieland Detention Center near Dallas in northern Texas. Unlike the others convicted in this case, Sanchez-Estrada was not at the protest and maintains he had no role in its planning.
Sanchez-Estrada moved the zines at the request of his wife, Maricela Rueda, who attended the demonstration and was sentenced to 70 years in prison after being convicted of rioting, explosive charges and providing material support to terrorists.
The Prairieland case has been widely criticized for its application of terrorism charges against protesters. Sanchez-Estrada’s conviction, in particular, has been criticized for the harsh sentencing applied and his tangential connection to the protest. Ana Bell, the sister of Sanchez-Estrada, spoke with Salon about her brother’s case and what it means for free speech in Trump’s America.
This interview has been edited for length and clarity.
How is your family holding up, and how has the trial and conviction impacted you and your family personally?
My brother Dez was the main caregiver for my parents, with him having the most flexible schedule. He could easily schedule his appointments for whenever my mom didn’t have a doctor’s appointment and stuff like that. We’re not complaining. They’re parents, and we love them. We want to take care of them. It did present a challenge that we weren’t expecting because he was the main person taking care of them.
My younger brother is a teacher, so he’s usually in a classroom. I opened a bookstore a couple of months ago, so I’m trying to run the business and everything. It’s been interesting with all of the things that we have to take care of. We were talking yesterday, I had to figure out how to deal with his taxes. He was detained, I have his power of attorney, and I’m just like, “Okay, so a lot of this stuff that is in the house, what is receipts, what is actually business expenses? Stuff like that is not something that one is expecting to do, and all of a sudden you have to take care of it, and it adds an additional layer of stress that wasn’t there before.
“Everything that’s happening right now, it’s very hurtful, very painful for our family.”
And that’s on top of the emotional roller coaster. You don’t know if this is the last conversation we will have for a while, because he could be moved to a different facility and then we have to figure out how to set up communications, how to set up his commissary. Like, would we be allowed to visit him in person? Is he even at a distance where we can drive to see him?
For example, this weekend, on Saturday, we were able to visit. My mom, dad and his stepdaughter. So he was able to see me and he was so happy that she was there. But then on Sunday, when it was my turn to go visit him, we showed up, and visitations had been canceled, so we didn’t get to see him on Sunday. Now we have to wait until next Saturday or Sunday, and hope that from here until then, he hasn’t been moved to a different facility, and we didn’t miss our chance to see him.
Sometimes he calls and we miss the phone call, or sometimes the number doesn’t work, and like you’re trying to press five to answer the call, and it just hangs up the call instead. It’s an emotionally-charged situation, even though it was just a phone call. It all adds up because right now, everything feels like an open wound that we have been trying to heal, and it’s not closing. Everything is fresh. Everything just gets harder.
Could you talk a little bit about how it feels having people on the internet trading incorrect information about your brother?
I’m not saying that these people have ill intent, but I do believe that words have a lot of power and the words we use to communicate can make a breakthrough.
Someone asked me in a comment if he had just printed the magazines, and someone would come and grab them from that house, and I was just like, “You have completely wrong information.” These were magazines that he bought. They weren’t 10 or 20 copies of the same magazine. They were one like one copy about freedom, one about the environment. They were materials that he read, and he critiqued.
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I think people just need to take a step back before making a statement and actually do a little bit of research because a lot of the information is just one Google away. You can go on the internet right now and look for all the evidence. It’s available. It has been unsealed. Once you have that in your hands, you can see all the information, not just what I say, not just what the government is saying.
I try not to spend a lot of time online doing this because, as I said, I do run a business. I have three kids. I’m a single mom. There is a lot of misinformation out there, and a lot of people are just running with it, kind of like a case of broken telephone.
Everything that’s happening right now, it’s very hurtful, very painful for our family. If I don’t check my emotions before I start talking with people, I could make it a bigger issue than it actually needs to be.
For me, it’s very important right now for people to understand that while my brother is the one who is in jail, and the government is not literally stating, “We are coming for your freedom of speech.” That’s exactly what is happening. He is just the vessel right now.
Could you speak a little bit about what it’s been like to witness this campaign from the government to paint your brother in this way? I think the idea that you could be convicted for what amounts to moving a box of your own magazines is a very foreign idea to most Americans.
It is very disturbing. I just opened a bookstore. So what are the odds that I literally have countless works right now in my store of examples of people who fought against fascism? I only sell fiction, but you have Katniss Everdeen in “The Hunger Games,” you have Harry Potter in Hogwarts, you have Thomas in “The Maze Runner.” You have all these characters that are literally standing up to oppression and fascism, and those who are in power and they show an amount of corruption that you think only happens in books.
“We felt that the government was trying to make an example out of people who are not content with the current administration.”
We felt that the government was trying to make an example out of people who are not content with the current administration. Judge Reed, at my brother’s sentencing, said it. The state is trying to make an example to not encourage people with similar ideologies to follow this path. “The reason why you guys are getting this many years,” and this is me paraphrasing, “It’s because we’re trying to make an example.” He said the quiet part out loud, and it’s on the record.
This is the reason why I encourage people over and over to look at the court transcripts, listen to what the prosecution presented as their case, listen to what the defense attorneys were questioning and asking for and then see who told the truth by looking at the evidence that they’ve presented to you.
In my brother’s case, when you look inside the box, everything was dated prior to COVID. Even if you did not like the political observations of some of those magazines, essays, critiques, poetry or whatever was in ther, these are feelings from the people, and they’re protected under the First Amendment. You are allowed to feel how you want. You are allowed to feel that the current administration is the best one ever, and you’re allowed to tell that to people and not go to jail. But you’re also allowed to do the opposite and it still doesn’t earn you a sentence.
None of the stuff that was in there, whether it was for or against the government, was a crime or illegal to have, and it was not used to persecute anybody who took part in the noise demo, which my brother was not an attendee of.
My understanding is that you must commit a crime in order to be punished, right? It’s not because of what you think. It’s not because of what you read. It’s not because of what you have in your house. Even more absurd is that it’s not because of the paper magazines, books or pamphlets that you have in your house. That’s what is so incredibly disturbing to me.
What is your message to other people who might be critical of the current government, to would-be protesters?
If I could just give one word of advice to people, as a person who loves this country but doesn’t love what is happening right now, it would be to study the Constitution and fight for it. Listen to which political candidates right now are talking about freedom of speech or immigration issues. Ask yourself what things seem to be in jeopardy in our Constitution and find a way to make a change for those. I do not believe that staying quiet is the way to go. I also don’t believe violence is the answer. I do believe that we all need to speak up and defend and uphold the Constitution.
Why do you think the government decided to go after your brother? Assuming this conviction stands, there will be potentially profound implications for the First Amendment and who does and does not enjoy freedom of speech in this country.
I actually think that if he had been somebody else, it would have been the same thing. With him, I feel like the main reason why was that his wife was at the noise demonstration. She was arrested on July 4, and the government had a whole day to look into her and see who she was married to. He was arrested on Sunday, and they did a big production. I watched a video of his arrest.
“In the current political climate, anyone who has brown skin is low-hanging fruit. It’s someone who you expect to get lost in the system.”
I saw all the units that were surrounding him and asked, “What is this?” They came after him as if he were a terrorist, and all he had with him was a box of zines. At some point, they claimed it was explosives, but when they opened it, it was just paper. In the current political climate, anyone who has brown skin is low-hanging fruit. It’s someone who you expect to get lost in the system.
But the fact is that he’s an immigrant — an immigrant who has legal status in the county but an immigrant regardless. Right now, there is so much hateful and hurtful feelings towards immigrants that I feel he was just the perfect scapegoat. It changed the whole thought process of how they see him. They completely dehumanized him simply because of that.
For me, it just aligns so perfectly with everything that they were looking for in a “terrorist.” Even the beard. Some people were crazy about how he had a beard and said that he was in a sleeper cell and all this stuff. He’s a tattoo artist who loves cats. This is outrageous.
There are some headwinds in that this appeals to the Fifth Circuit and then the Supreme Court, both of which are very closely tied to the current administration and their view of the world. At the same time, these judges who handled the case, they do have a record of going too far, even for the Fifth Circuit, and so I’m wondering how optimistic you are about your brother being able to prevail through the legal system.
I wanted to believe that justice would be served. I wanted to believe that we would be bringing my brother [home], but the moment I heard the sentence for Autumn Hill and the reasons that the judge gave, the judge said that the sentence was not more than he thought was reasonable to give. That changed my perspective on that moment. I lost hope before we got to my brother’s sentencing. I lost hope because it didn’t make any sense. It didn’t make any sense from the legal point of view that they would receive this much punishment for something that was so minimal.
I don’t know how to feel. Part of me wishes that I could be hopeful again, because we’re gonna keep fighting regardless. I made the statement before that we’re probably going to spend every last minute of our lives trying to fight for his freedom, and that’s very unfortunate because he’s so young. They’re all so young, but they shouldn’t be behind bars. And I feel that the justice system is failing them, and it’s failing all of us. If the appeal doesn’t work, then it will be just like a failure in the justice system. I want to be hopeful, but I’m not holding my breath.
Do you think there is a chance of a potential political solution to this, or is there the political bravery out there to speak to this issue? I’ve spoken with people who have suggested that the next president should consider a pardon if they don’t prevail on appeal.
I don’t think the current administration will do it at all. But I would like to think that we will vote better next time, and that if we have not been successful with the appeal, or we’re still fighting this case, we could ask for a pardon.
So I’m hoping that if we end up having to go that route, we are able to ask for it and that it might be granted. I would like for the judicial system to actually do its part and be just.
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