October 27, 2005

Finally, justice

Family of fallen officer to face alleged killer

By Kymberli W. Brady
Staff Writer

Don’t try to convince Sandy Fontana that justice is swift. She is more likely to define it as a slow, painful nightmare. But as she knelt in a bed of dirt last Saturday, surrounded by 3-year-olds planting flowers in front of the park sign that bears her son’s name, the smile that had been gone for nearly four years found its way back on to her face.

After four years, DeShawn Campbell who allegedly fired the fatal shot that killed San Jose Police Officer Jeffrey Fontana on Oct. 28, 2001, will finally stand trial for capital murder. Campbell has remained in custody since his capture on Nov. 8, 2001, charged with the Oct. 28 shooting death of Fontana. He has remained there serving a 20-year sentence for an unrelated strong-armed robbery charge.

Her smile can also be attributed in a way to an abundance of fresh soil and flowers, donated by Almaden Nursery and planted with tiny hands, just in time for a candlelight vigil, the fourth, which is to be held this Friday in remembrance of the anniversary of Fontana’s death.

Jennifer Harveland with the 2002 Las Madres helped Kim Enderle organize the planting on Saturday, after her husband Eric, a police officer and more than a dozen undercover officers prepared the bed and the soil the night before.

“Originally the idea was that we were going to plant 100 bulbs through San Jose Beautiful,” she said. “Then we thought about doing it here because the timing worked perfectly with the [upcoming] vigil Friday night. There was nothing here and the bulbs weren’t going to be up in time, so we contacted Almaden Nursery and they donated the soil and flowers.”

Stepping back from the flowerbed, visitors will find Fontana’s badge number laid out in purple annuals, surrounded by a bright yellow border, adding a final personal touch to the memorial.

Emerson Rose Hill, dangles from her mom Diane, while watching Nicholas Hotelling plant flowers at Jeffrey Fontana Park.

“I think this is a wonderful fitting memorial to Jeffrey,” said Councilmember Nancy Pyle, who stopped by to help with the planting.

Although she never imagined preparing for a fourth vigil and is glad it will be the last, Sandy admits that she made a vow to hold one every year until the case went to trial, saying it has been the only thing that has offered some reassurance that her son won’t be forgotten.

Last week, she finally heard the words she’d been longing to hear, after Edward Sousa, the court-ordered public defender requested and was denied another continuance, as he is currently working to get Campbell’s strong arm robbery charge thrown out in an effort to eliminate the three strikes implications. Now he will be forced to work on the case before him.

Judge Kevin Murphy, who will preside over the trial, told Souza to be ready to start on Dec. 7.

“They asked for another delay and he said no,” she explained. “So finally we have a court date.”

Sandy Fontana and Nancy Pyle joined members of Las Madres 2002 to plant flowers at Jeffrey Fontana Park, just in time for the candlelight vigil on Friday.

However, with pre-trial motions and jury selection, things won’t truly get underway for a couple of months.

“It has been unbelievable,” Sandy said. “This is good. Nothing will bring Jeffrey back, but let’s get some darn justice here. These guys put their lives on the line every darn day. Then one of their own gets killed and it’s been four years and there’s been nothing.”

She can’t help but feel that the very system her son gave his life to protect, has failed him, but she is grateful to finally move toward closure and allow her to move on with a life she says has been on hold.

“We’re moving forward and we’re thankful for that,” she says.

Community members are welcomed and encouraged to attend the candlelight vigil for Officer Jeffrey Fontana on Friday, Oct. 28 at 6:30 p.m. on Calle Almaden, near McAbee and Almaden Expressway. Candles will be passed out for the procession to the nearby park.