REMARKS OF DISTRICT ATTORNEY

GREGORY D. TOTTEN

OXNARD CHAMBER OF COMMERCE

NINTH ANNUAL

MILITARY APPRECIATION DINNER

September 29, 2006

It is a great privilege to be with you this evening to honor the outstanding members of our military not only for their distinguished military service, but also for their contributions to our community. On behalf of the more than 250 men and women in the Ventura County District Attorney's Office, I am delighted to join the Chamber in congratulating tonight's honorees. Thank you for protecting our freedom and serving this community. Each of you represents all that is good and honorable in the armed forces.

It is also fitting that our theme tonight is "Faces of Freedom in the Community" for I believe that as Americans - no matter our calling - we all have a solemn duty every day to earn and protect freedom.

Military spouses and families fulfill this duty everyday. They suffer fear, worry, and, all too often, great loss with quiet dignity and courage that deserves our eternal gratitude.

During World War II, long before I was born, my father's family lived through an ordeal that typifies the experience of so many military families. My father and two of his brothers served in separate branches during the War. One of those brothers, my Uncle Glenn, joined the Army Infantry in early 1941. He received training in anti-tank warfare and in late 1942 landed with the Army's 34 th Division on the African coast near French Morocco.

Students of history may remember that at this time Field Marshal Rommel was leading Germany's Africa campaign with the German Panzers that had superior technology and veteran soldiers. For six days in February 1943, a horrific battle raged for the Kasserine Pass in Tunisia. This battle was the first large scale meeting between German and American forces. Uncle Glen's division was in the middle of it and their anti-tank guns were no match for the Panzers.

During the battle, another soldier - who was my uncle's friend and happened to live in the same town - sent his parents a chilling letter in which he described the fighting as "fierce" and worse said, ". . . don't know what happened to Totten." When the letter was shown to my grandparents, they were devastated and unable to get any further information. Their plight got even more desperate when they later learned that the letter writer died after suffering serious wounds during the battle. Eventually, my grandparents received a terse Army telegram that simply read, "Regret to inform you that your son Glen Totten is missing in action."

Nearly six months would pass before they received a brief letter from my uncle in which he told them he had been taken prisoner in Africa and was in a German prison camp - Stalag 3b. He spent nearly two and half years in that camp before being liberated near the end of the war. During that period, my uncle lived in very harsh conditions and knew no freedom and my grandparents would later acknowledge that they too felt imprisoned by worry and grief over their son's circumstance.

While others have certainly suffered much worse, this experience from my family's past convinces me that pursuing our duty to earn and protect freedom may mean sacrificing our own freedom. The men and women of the military know this only too well.

Much has been said and written about this most fundamental notion of freedom; our forefathers built this nation upon its foundation, American soldiers fought and died for it, statesman championed it, crime victims have longed for it, convicted criminals have lost it, and the truly wise will never ever sacrifice it.

There is something about freedom that resonates deeply within every human being. We instinctively know it is good and desire it above all else. Perhaps this part of human nature is one more example of God's grace in granting us free will. I think Thomas Jefferson boldly articulated this point in our Declaration of Independence when he wrote, ". . . all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness."

Historians tell us that the progress of great civilizations is often cyclical. Nations frequently have their genesis in bondage and enslavement where they determine often at great risk to pursue independence not unlike our own nation or the Jews fleeing Egypt in Old Testament times. After gaining independence, they struggle for survival and if successful, over time they develop, grow, and ultimately prosper. Unfortunately, this prosperity brings internal conflict, indifference, and decay that all too often results in the nation's conquest by a stronger power and a return to enslavement. Lest we desire to follow this same troubled path, our duty to earn and protect freedom requires that we be vigilant in preserving our moral standards and passion for self-governance.

America is called the Land of the Free not only because we enjoy freedom as a birthright, but also because unlike other world powers we seek not conquest but freedom for our adversaries. By spreading freedom to other nations, we protect America 's freedom. General Douglas MacArthur, a true warrior for freedom, knew this intuitively when after the defeat of Imperialist Japan he immediately set out to help that nation establish a free and independent form of constitutional government. On the first anniversary of the Japanese Constitution in a speech to the Japanese people, MacArthur said, "No man is entitled to the blessings of freedom unless he be vigilant in its preservation." His actions and words reveal another truth: our duty to earn and protect freedom carries the responsibility of granting freedom to others.

One of our greatest freedoms is the freedom from fear: freedom to go about our daily lives without fear of losing life or limb to a terrorist bombing or attack; freedom to leave our homes for school or work or the supermarket without fear of being caught in the crossfire between gang members; freedom to board an airplane without fear of a hijacking; freedom to drive on the highway without fear of being killed by a drunk driver.

As district attorney, not a day goes by that I don't see the impact of crime and the fear it leaves in its wake. It is a fear that imperils victims, neighborhoods, and even entire communities by stealing their sense of safety and indeed their very freedom. I truly believe that one of the ways we earn and protect our freedom is by standing up for what is right and combating fear at every opportunity even in the face of grave threats or danger.

Our military is valiantly fighting this war against fear here at home and on foreign soil. Here in Ventura County, law enforcement from the cop on the beat to the deputy district attorney in the courtroom is waging battles against fear.

And there are other heroes who quietly work and endure to safeguard our freedoms. One such hero happened to be the father of a murder victim who simply wanted justice. You see, his beautiful, young daughter Crystal was kidnapped early one spring morning, viciously raped and murdered, and left floating in the waters off a local beach. The circumstances of murder left no obvious clues as to the perpetrator's identity and this horrific crime went unsolved for more than two years. The father suffered through this period, but never gave up hope of finding Crystal's killer. Fortunately, the killer, a previously convicted rapist, left his DNA at the crime scene. When his DNA was matched to that found at the crime scene, he was apprehended. After nearly two years of numerous court proceedings, repeated delays and a lengthy trial, the killer was convicted of rape and murder and sentenced to death.

Throughout the prosecution this father courageously attended every court proceeding, sometimes sitting through graphic presentations describing the rape and murder of his daughter. He never complained, never faltered, never shirked from the duty he felt to his daughter to ensure that the criminal who took her life and freedom was brought to justice.

Ladies and gentlemen, it probably comes as no surprise to this audience to learn that this courageous soul was also a soldier, a pilot, and peace officer. Crystal 's father was Air Force Lieutenant Colonel Mike Hamilton who, until he retired just two months ago, led the 146 th Air Lift Wing here at the Channel Islands Air National Guard Station. This evening, I am saddened to report that he passed away last weekend while visiting family in Texas. In my book, he was a true protector of freedom and an American hero whose life is a testament to the noblest traditions of the U.S. military.

His story and the stories of countless other crime victims demonstrate that our duty to earn and protect freedom is inextricably linked to our determination to deliver justice for all. For a society that fails to deliver justice deprives its citizens of the freedom we most treasure.

In this post-9/11 era, we are dealing with a new kind of enemy, a worldwide network of terrorists with a religious zeal to destroy America. They will not give up until we defeat them.

In this fight, heavy demands have been made of American service members. Nearly eight out of every ten members of the Army and Marines have served in Iraq or Afghanistan, many more than once. Nearly 4,000 sailors are on the ground in Kuwait, Afghanistan, and Iraq, and many more are deployed aboard ships at sea. The obligation of military service for many has been extended by stop-loss orders and involuntary reserve call-ups. More than 2,700 American soldiers have lost their lives and 20,000 have been wounded. We are demanding much of our military, and you are delivering.

Our nation has faced many military challenges since its inception. It was not so many years ago that we experienced one of the most divisive periods of our history, the Vietnam War. One of the most unfortunate parts of that experience was the way our soldiers were treated when they returned home. Some Americans confused their disagreement with government policy with disrespect for the men who fought in that war. I remember that period, and I am proud to say that we have not repeated that mistake. Thankfully, we have learned that earning and protecting our freedom compels respect and support of our troops. And, I want to thank the Oxnard Chamber of Commerce for doing just that by hosting this annual dinner.

Beyond their exemplary military service, each of those we honor tonight has contributed to his community through public service. Their faces are seen not only in the uniforms of their branch of service, but throughout the community working to make it a better place. They have volunteered their time to tutoring students, to safety programs, to community events, to youth sports, and to raising funds for charity. They have helped their fellow service members adjust to the community and have helped deliver services to veterans. They have served the cause of freedom by strengthening our community.

So tonight, may we all recognize that each of us must stand for freedom and may we speak with one voice in honoring the members of the military who fight those most important battles for our freedom. For the face of today's service member is recognized by all Americans as the face of freedom.

Finally, in the words of Daniel Webster, "May the sun in its course visit no land more free, more happy, more lovely, than this our own country."

May God bless you and may God bless America.