Tuesday, May 21, 2013
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HOUSE OF CARDS: Undersheriff Paul Tanaka Slams Sheriff Lee Baca, Round 2

May 21st, 2013 by Celeste Fremon


LASD Undersheriff Paul Tanaka was featured in a special KABC 7 News segment Monday night
in which the once-powerful second-in-command to Sheriff Lee Baca painted his former boss as a disengaged, incompetent leader who frequently gave orders that ranged from impractical to illegal, including an instance of possible obstruction of justice when he allegedly ordered staffers to hide and secretly debrief a federal informant.

It is the second such slash-and-burn interview from Tanaka who, for years, was rarely seen on camera, despite his influential position.

Then, last month, he unexpectedly sat down with the LA Times’ Robert Faturechi and blasted the sheriff to a degree that shocked most LASD watchers.

Tanaka launched a similar attack through the medium of KABC’s David Ono in a lengthy and reportedly quote-rich video interview taped earlier, that had producers working until the last moment choosing the best clips for the not-quite-five minute segment that aired Monday night.

While there were no game-changing revelations among the snippets featured, there were things that could conceivably cause Baca trouble when he faces reelection in 2014.

(Tanaka told both the LA Times and KABC’s Ono that he is considering running for sheriff against Baca, and has reportedly opened an “exploratory committee” for purposes of fundraising.)


MANAGING THE SHERIFF

In much of Monday’s interview, Tanaka painted the sheriff as someone who constantly had to be managed by his underlings.

“We used to have this saying amongst the top executives that our greatest job is to manage the sheriff and make sure that he doesn’t do anything that we can’t clean up,” Tanaka said.

Tanaka also described a sheriff who was unhealthily concerned with politics and “desperate to be reelected.”

“That’s all he talks about.”

When not hyper-focused on reelection, according to Tanaka, Baca is “obsessed” by whimsical fixations like “living to be 100,” and subjects the department’s upper management to lengthy discourses this and similar topics.

“We sit in command staff meetings, you have very high-paid people, 15-20 of us, and these are the lectures we get for two or three hours….”

Tanaka also admitted that when, in early March of this year, he unexpectedly announced his retirement, in fact, he was forced out when the sheriff became fearful of growing department scandals and “…served my head on a platter to detractors because he thought that would save him.”


BACA DISMISSES TANAKA THROUGH SPOKESMAN

While Baca declined to answer Tanaka’s accusations in person, he sent a message via LASD spokesman Steve Whitmore, who told KABC that “the sheriff is just not going to get into a bickering discussion, if you will, with a soon-to-be, seems-to-be-angry, ex-employee making allegations that seem to be fueled by rumor and innuendo, trying to exact some form of revenge for imagined slights.”


OUTTAKES

One interview tidbit that did not make it into Monday’s broadcast had to do with Tanaka’s past in the deputy clique known as a Vikings. KABC’s Ono asked him about the Viking tattoo that comes along with membership and the undersheriff said he regretted getting the thing.

One wonders, then, why the soon-to-be ex-undersheriff doesn’t simply have the controversial Vikings ink lasered off. (We’re just sayin’)

Posted in jail, LA County Jail, LASD, Los Angeles County, Sheriff Lee Baca | No Comments »

Undersheriff Paul Tanaka Speaks Out Against Baca Again, This Time on KABC, Monday at 11PM

May 20th, 2013 by Celeste Fremon


KABC 7′s David Ono sat down with Undersheriff Paul Tanaka for a long on camera interview,
highlights from which will air in a special news segment at 11 pm Monday night on KABC 7.

Ono and his producers had hoped to get Sheriff Lee Baca to sit down for the same news segment since, in addition to responding to some critical questions about his own actions in the department, it is our understanding that Mr. Tanaka spent much of the interview, in essence, pulling the pins on grenades and lobbing them at the sheriff.

Unfortunately, Baca was not persuaded to come on camera, but sent LASD spokesman Steve Whitmore to answer questions in his place.

We don’t yet know what parts of the raw interview are included in the segment (which we hear will run around 4 plus minutes) and what remains in outtakes. But we’ll let you know if we learn more before the broadcast.

In the meantime, fire up your TiVos, ladies and gentlemen.


AND IN OTHER NEWS….

ILLINOIS TO BECOME NEXT STATE TO LEGALIZE MEDICAL MARIJUANA IF GOVERNOR SIGNS BILL

A bill that would legalize medical marijuana in the state of Illinois was passed by their state senate after an approval from the Illinois House last month. It is not clear whether or not Governor Pat Quinn will sign the bill, but he sounds positively disposed.

What makes this bill interesting is that it sets out a tight regulatory scheme for sales of medical weed, unlike California, which legalized medical marijuana in 1996 with one of our messy ballot initiatives, and then applied some modest regulations in 2003, with SB 420. However, since then, neither the state legislature, nor municipalities like Los Angeles, managed to wrestle into being any decent regulations. As a consequence our med marijuana situation is something of a mess.

Monique Garcia reports for the Chicago Tribune on the state’s likely new law. Here’s a clip:

….The proposal would create a four-year trial program in which doctors could prescribe patients no more than 2.5 ounces of marijuana every two weeks. To qualify, patients must have one of 42 serious or chronic conditions — including cancer, multiple sclerosis or HIV — and an established relationship with a doctor.

Patients would undergo fingerprinting and a criminal background check and would be banned from using marijuana in public and around minors. Patients also could not legally grow marijuana, and they would have to buy it from one of 60 dispensing centers across Illinois. The state would license 22 growers.

The measure drew strong opposition from the Illinois Association of Chiefs of Police and the Illinois Sheriffs’ Association, which sent a letter to the governor and lawmakers warning the proposal would not stop medical marijuana card holders from driving while under the influence. They suggested blood and urine testing be included in the legislation to allow police to determine whether card holders had marijuana in their system while driving.

Haine argued the law has safeguards to prevent that, including designating on a driver’s license whether they use medical marijuana.


AND…WHILE WE’RE ON THE SUBJECT, A RUNDOWN OF THE MED MARIJUANA REGULATIONS SCHEMES ON TUESDAY’S BALLOT

It would be nice, of course, if the members of the LA City Council would bother to do their jobs and come up with a sensible scheme themselves to regulate LA’s pot dispensaries, rather than abrogate their collective responsibilities with these measures on Tuesday’s ballot.

Rick Orlov of the Daily News has the details.

While there are three marijuana measures on the ballot - Proposition D, Ordinance E and Ordinance F – there are only two active campaigns now, as the main supporters of E decided to throw their backing behind D.

Prop. D would cap the number of dispensaries at 135, the ones that were open and egistered with the city before a moratorium was created in 2007. It would impose a 6 percent tax on sales of marijuana. The current rate is 5 percent. D was crafted by the City Council to allow a finite number of dispensaries after its effort to have an outright ban on the clinics was challenged with an initiative.
Ordinance F has no cap and is backed by clinics that would be excluded under D. It also requires testing of the marijuana dispensed at the facilities, background checks on employees and auditing of their operations. It also places a tax of 6 percent on marijuana sold.

Ordinance E caps the number at 135, but has no tax increase and fewer other restrictions.

Voters have a fourth option, Councilman Bernard Parks said. They can reject all three proposals and allow the City Council to decide the issue.

But some supporters of medical marijuana think that, rather than allow them to operate unchecked, it would spell bad news for their future.

“If all the measures are defeated, it will be viewed, I think, as giving the City Council a free hand to do what they have shown they already want to do – just ban all dispensaries outright,” said political consultant Garry South, who is handling the F campaign.


A-A-AAND BACK ON THE HOMEFRONT…DENNIS ROMERO OF THE LA WEEKLY REPORTS THAT FRUSTRATED VOTERS ARE tending to lean toward Measure D, which is the most restrictive of the three. Read his rundown here.


BEYOND BRADY: DO THE RULES FOR PROSECUTORS FAVOR JUSTICE? OR MUST WE TAKE A SECOND LOOK?

In an editorial in Sunday’s NY Times, the Times discusses what has become an increasingly obvious problem in the justice system, where too many prosecutors seem to forget that the job of the district attorney is to seek justice, not to win at all costs.

Here’s a clip:

Fifty years ago, in the landmark case Brady v. Maryland, the Supreme Court laid down a fundamental principle about the duty of prosecutors — to seek justice in fair trials, not merely to win convictions by any means. The court said that due process required prosecutors to disclose to criminal defendants any exculpatory evidence they asked for that was likely to affect a conviction or sentence.

It might seem obvious that prosecutors with any sense of fairness would inform a defendant’s lawyer of evidence that could be favorable to the defendant’s case. But in fact, this principle, known as the Brady rule, has been restricted by subsequent rulings of the court and has been severely weakened by a near complete lack of punishment for prosecutors who flout the rule. The court has also declined to require the disclosure of such evidence during negotiations in plea bargains, which account for about 95 percent of cases.

It is impossible to know how often prosecutors violate Brady since this type of misconduct, by definition, involves concealment. But there is good reason to believe that violations are widespread. Hundreds of convictions have been reversed because of prosecutorial suppression of evidence. In many cases, the exculpatory evidence surfaces only on appeal of a conviction, and often comes to light because other aspects of the prosecution are rife with error.

The 2011 case of John Thompson is particularly instructive — as an example of atrocious prosecutorial misconduct and of the Supreme Court’s refusal to hold the prosecutor accountable. Mr. Thompson spent 14 years on death row for a murder he did not commit. He was exonerated when an investigator found that lawyers in the New Orleans district attorney’s office had kept secret more than a dozen pieces of evidence that cast doubt on Mr. Thompson’s guilt, even destroying some. Yet the Supreme Court’s conservative majority overturned a $14 million jury award to Mr. Thompson, ruling that the prosecutor’s office had not shown a pattern of “deliberate indifference” to constitutional rights. Outrageous breaches of due process rights in such cases show that the Brady rule — which seems essentially voluntary in some places — is simply insufficient to ensure justice.

Read the whole thing.


PHOTO OF PAUL TANAKA by Scott Harms/Los Angeles County, via Zev Yaroslavsky’s blog. (The Photoshopping is, of course, ours.)

Posted in elections, jail, LA County Jail, LASD, Medical Marijuana, Prosecutors, Sheriff Lee Baca | 20 Comments »

Trutanich Confronted by Warren Olney on WWLA….Youth Sexual Victimization in Prison & Jails….Twin Towers Has High Sex Assault Rate….and More

May 17th, 2013 by Celeste Fremon


WARREN OLNEY CONFRONTS CARMEN TRUTANICH WITH, YOU KNOW, FACTS REGARDING HIS REALIGNMENT CAMPAIGN ATTACKS AGAINST FEUER

Thursday night’s Which Way LA? with Warren Olney on KCRW featured City Attorney candidates Mike Feuer and incumbent Carmen Trutanich, with each man interviewed for half the show.

More than perhaps any other interviewer or debate moderator during this election season, Olney has consistently asked the most intelligent, probing and illuminating questions of all the candidates who have stepped behind his microphones.

Thursday’s show with the City Attorney candidates was no exception.

However, his segment with Trutanich was a standout, as the ever dignified Olney all but chased “Nuch” around the room (metaphorically speaking), after Trutantich repeated his nonsense about AB109 letting inmates out of prison early, accusing realignment and Mike Feuer of being responsible for putting the Northridge kidnapping suspect on the street so the man could snatch ten-year-old girls….and more.

As we’ve said here, there is a legitimate and important discussion to be had about reforming AB 109 and some of its companion statutes mandating parole and probation reform. But that would require understanding the law in the first place, which Trutanich does not appear to do, and then one would have to deal in…you know, facts.

In the meantime, a hearty thank you to Warren Olney for holding our city attorney’s feet to the factual fire.


NEW STUDY ON PRISON RAPE AND SEXUAL VICTIMIZATION IN LOCK-UPS SHOWS THAT YOUTH ARE 13-21 TIMES MORE LIKELY TO BE SEXUALLY ASSAULTED THAN ADULTS WHEN INCARCERATED

A study released Thursday by the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) contained a number of disturbing statistics. But perhaps the most alarming stats have to do with the overall rates of sexual victimization for youth ages 16 and 17 in adult prisons (4.5%) and jails (4.7%), which were significantly higher than those for adults (4.0% in prisons, 3.2% in jails). The report also found that, among kids who reported being sexual victimized by staff, three quarters were victimized more than once, and nearly half said that staff used force or threat of force.

Yet those stats don’t tell the whole story, since kids are much fewer in numbers than adults in lock-up.

According to the highly respected Campaign for Youth Justice, research by BJS shows that 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively, were youth under the age of 18 (surprisingly high since only 1% of jail inmates are juveniles). Put another way, previous BJS research shows that youth in adult facilities were 13 to 21 times as likely to be sexually assaulted while in custody than their representation in the correctional population.

This study tells us that youth face sexual victimization in adult institutions, but due to underreporting by youth in challenging adult facility conditions, we need more research to know more about this problem,” says Liz Ryan, President and CEO of the Campaign for Youth Justice (CFYJ). “Previous studies and the experiences of young people in the adult criminal justice system document that youth are at greatest risk of sexual victimization in adult jails and prisons, “The report underscores the urgency for U.S. Attorney General Holder and the nation’s governors to redouble their efforts to fully implement the Prison Rape Elimination Act’s (PREA) (http://www.campaignforyouthjustice.org/preac.html) Youthful Inmate Standard by removing youth under 18 from adult jails and prisons.”

Amnesty International also noted that inmates who identify as LGBT in prisons and jails were at least 2.5 times more likely to be sexually victimized by staff than non-LGBT detainees.


LA’S TWIN TOWERS JAIL SHOWS HIGH RATE OF INMATE ON INMATE SEXUAL ASSAULTS ACCORDING TO THE STUDY

In the study, as you might immagine, some prisions and jails had higher frequencies of sexual abuse than others. The report flagged 11 male prisons, 1 female prison, and 9 jails that it identified as high-rate facilities based on the prevalence of inmate-on-inmate sexual victimization in 2011-12.

LA’s Twin Towers Jail was one of those 9 Jails with the highest rates of sexual assaults, said the report. (SEE PAGES 11 & 12)


AND NOW BACK TO REALIGNMENT: A NEW STUDY INDICATES THAT ARRESTS AND CONVICTIONS REMAIN ABOUT THE SAME AS PRE-REALIGNMENT

A new study released Thursday by the California Department of Corrections and Rehabilitation indicates that, under realignment, post-prison arrests are slightly down, while convictions remain static.

The study followed 37,448 lawbreakers for one year after their release from prison and compared those findings with statistics on 51,910 inmates released in the year immediately prior realignment.

The researchers found that post-Realignment offenders were arrested at a slightly lower rate than pre-Realignment offenders (62 percent pre-Realignment and 58.7 percent post-Realignment).

Key findings include:

* The number of post-Realignment offenders convicted of new crimes is nearly the same as the number of pre-Realignment offenders convicted of new crimes (21.3 percent pre-realignment and 22.5 percent post realignment).

* Post-Realignment offenders returned to prison at a significantly lower rate than pre-Realignment offenders, an intended effect of Realignment as most offenders are ineligible to return to prison on a parole violation. (42 percent pre-Realignment and 7.4 percent post-Realignment)

This last is due to the fact that, prior to realignment, parolees were being returned to prison on technical violations of their parole at a rapid clip. Whereas now, with many parolees, technical violations—things like staying out of their old neighborhoods, testing dirty, and so on—do not result in 9 mos more in prison.

There is additional fine grain stuff in the study itself, so click here, if you want delve deeper into the matter. A lot more study is needed, yet the bottom line take-away from this study is that those who have been shrieking that realignment is causing crime to run rife through the countryside, do not have facts on their side.


FEDERAL OVERSIGHT OF LAPD OFFICIALLY ENDS

The Federal Consent Decrees finally is no more for the LAPD. The AP’s Tami Abdollah has the story. Here’s a clip:

A judge has officially ended more than a decade of federal oversight of the Los Angeles Police Department that was triggered by a corruption scandal involving abusive officers.
In two short sentences, U.S. District Judge Gary Allen Feess dismissed the final remnants of a consent decree on Wednesday, releasing the department from a transition agreement put in place in 2009 to ensure reforms that had been made were kept in place.

Mayor Antonio Villaraigosa cheered the formal end to agreement at an afternoon news conference with Police Chief Charlie Beck. Villaraigosa said the department, which was once “an example of how not to police a city, is now a national model.”

Tyler Izen, president of the Los Angeles Police Protective League, said the union was pleased the department was free of the federal monitoring.

“Now we can begin looking for efficiencies in LAPD processes while at the same time maintaining the transparency the public deserves,” he said. The union represents nearly 10,000 LAPD personnel.

The city was forced into the consent decree in 2001 under the threat of a federal lawsuit. The U.S. government alleged a pattern of civil rights violations committed by police officers that went back decades.

Now that it’s over, it bears remembering that, as odious as the thing was, the Consent Decree was a tool that Bill Bratton used effectively to begin to institute real reform in the department.


Posted in Child sexual abuse, children and adolescents, City Attorney, jail, LA County Jail, LAPD, LASD, prison, prison policy, Realignment, Youth at Risk | 1 Comment »

Gov. Brown Calls Out Trutanich on Realignment, LAUSD Bans Suspensions for “Willful Defiance”…and More

May 16th, 2013 by Taylor Walker

TRUTANICH “MISLEADING VOTERS” ON REALIGNMENT, SAYS GOVERNOR

With just a few days until the May 21 general election, Gov. Jerry Brown has recorded a message to voters calling out City Attorney Carmen Trutanich for spreading misleading information about prison realignment. Trutanich, who is running a decidedly uphill battle for reelection was originally a supporter of realignment. Now, he has changed his tune, and is bashing opponent Mike Feuer for supporting it, inaccurately pronouncing realignment the “get-out-of-jail early law,” and more.

LA Weekly’s Gene Maddaus has the story. Here’s a clip:

In a mailer, Trutanich calls the plan “the get-out-of-jail early law.” The mailer describes Tobias Summers, the alleged Northridge kidnapper, as “one of Feuer’s get-out-of-jail free graduates.”

The California Department of Corrections and Rehabilitation has disputed that, saying that Summers was not released early.

Brown endorsed Trutanich in his failed D.A. campaign, but is now supporting Feuer for city attorney. In the robocall, Brown faults Trutanich for “misleading voters by suddenly attacking a public safety plan he once supported.”

We’d kind of like a city attorney who bothers to check his facts on legal matters, but that’s just us.


WILLFUL DEFIANCE NO LONGER GROUNDS FOR SUSPENDING L.A. KIDS

Tuesday, the LAUSD school board voted to ban suspensions for the catchall, “willful defiance,” in favor of alternative behavioral disciplines. L.A. is the first district in the state to take this large step toward school disciplinary reform.

The state bill on the same issue is making its way through the legislative process. According to Public Counsel spokesman Michael Soller, “AB 420 passed the Assembly Education Committee, and is headed for an appropriations vote on May 24 or 25. If it gets out of that committee, then it’s on to the Senate.”

WitnessLA will certainly be keeping an eye on it.

LA Times’ Teresa Watanabe has the story on LAUSD’s vote. Here’s a clip:

The packed board room erupted in cheers after the 5-2 vote to approve the proposal, which made L.A. Unified the first school district in the state to ban defiance as grounds for suspension. The action comes amid mounting national concern that removing students from school is imperiling their academic achievement and disproportionately harming minority students, particularly African Americans.

“Now we’ll have a better chance to stay in school and become something,” said Luis Quintero, 14, a student at Augustus Hawkins High School in South Los Angeles. He attended the board meeting, along with dozens of other students and community activists who have been pushing the proposal by board members Monica Garcia and Nury Martinez.

But the vote came after an impassioned discussion over whether the proposal would give a “free pass” to students and shield them from the consequences of misbehavior. Board members Marguerite LaMotte told students that they needed to pay for their mistakes, while Richard Vladovic said no student had the right to disrupt learning opportunities for classmates.

“I’m not going to give you permission to go crazy and think there are no consequences,” LaMotte said.


U.S. KIDS’ HIGH EXPOSURE TO VIOLENCE AND TRAUMA

According to a new report from JAMA Pediatrics, four out of ten kids in the U.S. were exposed to physical violence in the last year. In addition, an alarming 13.7 percent of the 4,500 children surveyed reported repeated mistreatment from their caregivers.

The Examiner’s Sharon Gloger Friedman has the story. Here’s a clip:

…Survey results showed:

*Physical assault in the past year was reported by 41.2 percent of respondents.

*Assault-related injuries were reported by 10.1 percent of respondents.

*Nearly 11 percent of girls ages 14 to 17 reported sexual assault or abuse.

*Repeated maltreatment by a caregiver was reported by 13.7 percent of respondents; of that group 3.7 percent said they experienced physical abuse.

More than 13 percent of kids reported being physically bullied; one in three said they had been emotionally bullied.
According to Dr. Michael Brody, a child psychiatrist in Potomac, Md., these numbers may be low.

“I think, unfortunately, this [violence] is so endemic to our society, it’s overlooked. It is considered like a cold,” Brody, who often works with victims of childhood violence, and who is a spokesperson for the American Academy of Child & Adolescent Psychiatry, told HealthDay News.

Brody added that witnessing or experiencing violence as a child can result in rage, lack of security, feelings of powerlessness, nightmares and other psychological aftereffects that last long into adulthood.

Of particular concern are children and teens who suffer frequent exposures to violence. Survey results showed that nearly 15 percent of study participants had been exposed to violence six or more times in the past year and about five percent had been exposed to 10 or more violent acts.

A similar study by the National Survey of Children’s Health found that nearly 48 percent of US youth had experienced at least one major childhood trauma.

Jane Stevens expertly lays out the consequences of this exposure to violence and trauma on her blog, ACEs Too High. Here’s a clip:

Almost half the nation’s children have experienced at least one or more types of serious childhood trauma, according to a new survey on adverse childhood experiences by the National Survey of Children’s Health (NHCS). This translates into an estimated 34,825,978 children nationwide, say the researchers who analyzed the survey data.

Even more concerning, nearly a third of U.S. youth age 12-17 have experienced two or more types of childhood adversity that are likely to affect their physical and mental health as adults. Across the 50 U.S. states, the percentages range from 23 percent for New Jersey to 44.4 percent for Arizona.

The data are clear, says Dr. Christina Bethell: If more prevention, trauma-healing and resiliency training programs aren’t provided for children who have experienced trauma, and if our educational, juvenile justice, mental health and medical systems are not changed to stop traumatizing already traumatized children, many of the nation’s children are likely to suffer chronic disease and mental illness. Not only will their lives be difficult, but the nation’s already high health care costs will soar even higher, she believes. Bethell is director of the National Maternal and Child Health Data Resource Center, part of the Child and Adolescent Health Measurement Initiative (CAHMI). The Maternal and Child Health Bureau (MCHB), part of the U.S. Department of Health and Human Services Health Resources and Service Administration, sponsors the survey.

Those numbers are already formidable, and they get much higher when looking at kids in the juvenile justice system.


KRIS KRISTOFFERSON CONCERT TO RAISE MONEY FOR HOMEBOY INDUSTRIES

And on a happier note, Kris Kristofferson will be performing a benefit concert for Homeboy Industries’ 25th anniversary, at Pepperdine’s Smothers Theater on June 23. (WitnessLA plans to be there.)

FishbowlLA’s Richard Horgan has more details on the concert.

Posted in children and adolescents, City Attorney, Edmund G. Brown, Jr. (Jerry), Education, Homeboy Industries, LAUSD, prison, Realignment, Uncategorized, Zero Tolerance and School Discipline | 3 Comments »

DSM 5 Worries Attorneys…..Deportation By Association…The New World of Bi-Partisan Sentencing Reform…..and More

May 15th, 2013 by Celeste Fremon



CHANGES IN THE OFFICIAL DEFINITION OF MENTAL DISABILITY WORRIES DEFENSE LAWYERS

The newest revision of the Diagnostic and Statistical Manual of Mental Disorders—the DSM 5-–AKA the bible of psychiatric conditions, published by the American Psychiatric Association, will be released later this month.

Among its changes and updates, the DSM 5 has revised the definition for what it considers to indicate intellectual disability (mental retardation)—a development that has a lot of defense lawyers worried because of its implications in sentencing, particularly when it comes to capital punishment.

Reuters’ Elizabeth Diltz has the story. Here are some clips:

The fifth edition of the book since it was first published in 1952, or DSM-V, is due to be released May 22. Already it has prompted concern from death penalty lawyers because of the change in the way the manual defines mental illness, or intellectual disability, the new name given in DSM-V.

Earlier editions of the DSM defined mental retardation as an IQ score below 70 accompanied by an inability to meet certain developmental norms, such as bathing regularly or maintaining work. Based on that IQ benchmark, the U.S. Supreme Court ruled in Atkins v. Virginia in 2002 that it is illegal to execute a mentally handicapped person.

But the editors of DSM-V have dropped the 70 IQ score as an indicator of mental retardation and instead recommend that clinicians consider IQ scores while analyzing an individual’s behavior to determine if he or she meets the developmental standards.

Clinically speaking, most consider the change to be a welcome one. Intellectual ability is not even remotely a cut-and-dried matter, as anyone who has worked in or around the mentally disabled can describe. The nature and range of human intelligence is more complex than that which can be measured with such conventional tools as IQ tests.

However, courts tend to like firm definitions, bright lines on that ground that separate this from that, all of which concerns defense lawyers.

However, according to Reuters, some of those who were responsible for the DSM 5′s revisions are hoping the courts will embrace the new complexity, rather than using it as a cudgel.

James Harris, the founding director of the Developmental Neuropsychiatry Program at the Johns Hopkins University School of Medicine and a member of the DSM-V work group, said the criteria focus on three areas of adaptive functioning: academic, social and practical.

Looking at a death row inmate’s social adaptive area, an expert can examine how gullibility may have led the inmate into a crime, which could support a claim of mental retardation, Harris said in an email.

“We believe that we are providing the courts with a more fine-grained means to consider adaptive functioning more comprehensively and more meaningfully,” Harris said.


KNOW A GANG MEMBER, BE DEPORTED

As the bipartisan immigration reform put forth by the so-called Gang of 8 begins its journey through the congressional process, those who are less-than-friendly toward the reform are seizing the moment to tack on a string of poison pill amendments to the original bill.

One of the most loathsome of these is an amendment proposed by Sen. Charles E. Grassley (R-Iowa), which would mandate the deportation of anyone who appears in either a gang database or in a gang injunction.

WLA has written before about the dangers of being falsely named in an injunction, and of the impossibility of getting off CAL GANG, California’s gang database, once you’ve been put on.

Tuesday’s LA Times editorial board has a short but excellent editorial about the creepy Grassley Amendment (penned by the very smart Sandra Hernandez).

Here are a couple of clips:

The Senate Judiciary Committee is just beginning its markup of the bipartisan immigration bill, but already opponents and supporters of the sweeping legislation are fighting over which immigrants should be allowed to legalize their status and which should be deported.

[SNIP]

Keeping immigrants from legalizing their status because of accusations, rather than convictions, is unjust. Gang databases and injunctions are useful but imperfect tools with a troubled history. Individuals can find themselves on those lists because of such factors as tattoos, style of dress or identification by an informant. Moreover, critics say individuals who may not be in a gang but have relatives or friends who are can end up in the databases. That’s guilt by association.

Those placed on such lists often face a near-impossible task when they try to remove their names. Just consider Orange County Dist. Atty. Tony Rackauckas’ appalling tactics in trying to secure an injunction against 115 alleged members of the Orange Varrio Cypress gang. Dozens of them went to court to challenge the designation. However, they never got a chance to present their case because prosecutors dropped their names from the list before a judge could rule

The violence prevention program Homies Unidos, is among those youth advocate groups that oppose this amendment. Here’s what they had to say:

This kind of dragnet approach targets the wrong people and risks deporting and separating from their families individuals who are not gang members. Young people living in “bad” neighborhoods will certainly be vulnerable. Moreover, these provisions do not adequately protect people who have left gangs and have stable and productive lives.

These proposals impose guilt by association and collective punishment by targeting people not for their own individual culpable conduct, but for their associations with groups considered to be dangerous. For example, this provision could impact a person who resides with or associates with a family member known to be in a gang or lives in a neighborhood where there is a high concentration of gangs…


ONCE OBSTRUCTIVE REPUBLICANS NOW LEAD ON SENTENCING REFORM IN HOUSE JUDICIARY COMMITTEE

More cheers for the Right on Crime group that is increasingly providing leadership on many criminal justice issues.

In this week’s Congressional Quarterly, for instance, the CQ’s John Gramlich notes the following:

Congressional Democrats have argued for years that too many low-level drug offenders are locked away in federal prisons and that mandatory-sentencing laws disproportionately harm minorities and tie judges’ hands. Lately, they have been joined in those criticisms by Sen. Rand Paul, a tea-party-backed Republican with White House aspirations.

“I think the Republican Party could grow more if we had a little bit more of a compassionate outlook,” the Kentuckian says.

Paul is emblematic of a quiet but unmistakable shift among conservatives in Congress when it comes to criminal justice. Not only are Republicans engaging in a serious debate about relaxing federal criminal penalties — an idea that was once anathema to lawmakers who worried that their next campaign opponent would label them “soft on crime” — they are leading the discussion.

The House Judiciary Committee, which has poured cold water on Democratic priorities since Republicans regained control of the chamber in 2010, last week created a bipartisan, 10-member task force that will conduct a six-month analysis of the estimated 4,500 crimes on the federal books. (Story, p. 848)

The task force will examine “overcriminalization” in the federal justice system and evaluate what Judiciary Chairman Robert W. Goodlatte calls an “ever-increasing labyrinth” of criminal penalties, some of them for relatively minor crimes in which perpetrators may not have realized they were breaking the law. The Virginia Republican cited the example of an 11-year-old girl who “saved a baby woodpecker from the family cat” but received a $535 fine because of a federal law banning the possession of a migratory bird.

The panel will be led by law-and-order Wisconsin Republican Jim Sensenbrenner and Virginia Democrat Robert C. Scott, an outspoken critic of more-contentious criminal policies such as mandatory minimum sentencing, which the task force will also evaluate. A diverse range of groups endorses the effort, including the American Civil Liberties Union, the Heritage Foundation and the U.S. Chamber of Commerce….


LA UNIONS MARCH ON TUESDAY TO PROTEST POSSIBLE SALE OF LA TIMES TO KOCH BROTHERS

Members of the County Federation of Labor and others marched on Tuesday to protest the rumored possible sale of parts or all of the Tribune Co., including the LA Times, to the company owned by the conservative Koch siblings.

Here’s what Rory Carroll of the Guardian said about the march:

Unions, activists and artists held a rally on Tuesday, to protest the possible sale of the Los Angeles Times to the Koch brothers, warning that such a sale would turn one of the US’s great newspapers into a right-wing mouthpiece.

Hundreds gathered outside the downtown Los Angeles office of Oaktree Capital Management, the largest shareholder in Tribune Co, which owns the LA Times, to deter it from making such a deal. Some carried signs saying “No Koch Hate in LA”.

“The idea that the LA Times could be taken over by right-wing radical extremists just boggles the mind,” said Glen Arnodo, staff director of the LA County Federation of Labor, as protestors prepared to picket. “It’s impossible to believe with their brand of extremism that there would be any objectivity whatsoever.”

Musician Ry Cooder reportedly even wrote a song about the matter, with which he serenaded the crowd.

Posted in District Attorney, Gangs, immigration, Los Angeles Times, unions | 3 Comments »

Juvenile Solitary in CA, Gov. Brown’s Office Appeals Prison Pop. Order…and More

May 14th, 2013 by Taylor Walker

ADDRESSING THE ISSUE OF LOCKING KIDS UP IN SOLITARY

While severe and overused in the adult justice system, solitary confinement is most destructive for still-developing youths. There have been numerous reports on the devastating effects of locking kids up for twenty-three hours a day (and WitnessLA has linked to them often), yet California still hasn’t defined what constitutes solitary, much less regulated it.

In an LA Times editorial, our pal Rob Greene lays out in unusually clear terms the consequences of putting kids in solitary confinement and what we need to do adequately address the issue. Here’s a clip (but be sure to read the whole thing):

Juvenile justice officials should at the very least have to certify that mental health evaluations were part of the decision-making process for each juvenile, and they should document all instances of solitary lockdown, under consistent standards and definitions. SB 61 by state Sen. Leland Yee (D-San Francisco) would require such standards and documentation. It’s a bill that deserves to move forward.

The Senate has been wary, and appropriately so, of moving forward on any bill that could impose costs on counties — costs that would be passed along to the state. The budget has been cut year after year, and now, when there may be some funding available, lawmakers must decide carefully what to do with it.

In making that decision, they should keep in mind that the state’s failure to meet the mental health needs of so many Californians has led directly to the prison overcrowding crisis, and that the failure to meet the mental health needs of inmates for decades has resulted in the court order to beef up in-prison care (at enormous cost) and to release tens of thousands of prisoners. The juvenile justice system is inextricably linked to the adult system and must deal with a similar, although more vulnerable, population.


GOV. BROWN’S OFFICE BEGINS APPEAL PROCESS TO GET SUPREME COURT INTERVENTION ON PRISON POP. CAP

Monday, California officials appealed the federal court decision to uphold an order that, by the end of 2013, the CA prison population must be further reduced by 9,000 inmates.

KPCC’s Julie Small has the story. Here’s a clip:

Deborah Hoffman of California’s Department of Corrections and Rehabilitation said Monday the state has appealed to the U.S. Supreme Court because the panel of federal judges “did not fully or fairly consider the evidence that with our greatly reduced prison population, prison health care now exceeds constitutional standards.”

In 2011, the legislature enacted California’s Criminal Justice Realignment law, which diverts lower level felons to the counties. Today the prisons hold 30,000 fewer inmates than they did when the federal judges ordered the state to reduce the prison population.

Monday’s filing is a notice of appeal to the district court stating California’s intention to ask the U.S. Supreme Court to intervene. It’s the first step in an appeals process that could take years — if the nation’s highest court decides to take up the case.


BRADY V. MARYLAND…FIFTY YEARS ON

Fifty years after Brady v. Maryland—the SCOTUS ruling that dictates prosecutors must present defendants with any and all known exculpatory evidence—there is little incentive and still no real accountability in place to keep prosecutors from breaking the Brady rule.

The Atlantic’s Andrew Cohen breaks down why Brady is flawed, and what can be done to reinforce it. Here’s how it opens:

Last Thursday evening at a dinner in New Orleans, Keith Plessy and Phoebe Ferguson came together again to bestow an award on John Thompson, the noted death row exoneree, who was being feted by the Innocence Project New Orleans after nearly two decades of false imprisonment. The names of the presenters probably don’t ring a bell to you until you put them together and separate them with a “versus,” as in Plessy v. Ferguson. The descendants of the litigants of one of the worst Supreme Court decisions ever wanted to pay homage to a litigant who had belatedly benefited from one of its best. Who says irony is dead?

The timing of the Project’s 12th anniversary “gala” was propitious. It came just four days before the 50th anniversary of the Supreme Court’s decision in Brady v. Maryland, decided on this day in 1963, in which the justices unanimously declared that prosecutors have a constitutional obligation to share with criminal defendants all “exculpatory” evidence officials may have. “Society wins not only when the guilty are convicted but when criminal trials are fair,” wrote Justice William O. Douglass, for the Warren Court, as it again sought in those progressive days to enhance individual rights at the expense of government power.

Thompson is a free man today because of the so-called “Brady” rule. But he likely would have been a free man all along — without spending 14 years on death row — had his prosecutors obeyed the law in the first place. That dichotomy is what makes Thompson such a poignant symbol of the Brady rule. He proves both that it works and that it is deeply flawed; that it saves innocent people from being railroaded by prosecutors and that countless others are wrongly convicted and imprisoned anyway. The sad truth is that 50 years after Brady, in an increasingly complex criminal justice system, too many prosecutors still hide exculpatory evidence, and too few judges do anything about it.


AND MINNESOTA MAKES TWELVE…

The Minnesota Senate voted Monday to legalize gay marriage, and Governor Mark Dayton immediately announced he would sign the bill, allowing gay couples to marry by August. Go Minnesota!

The NY Times’ Monica Davey has the story, if you missed it today.

Posted in Edmund G. Brown, Jr. (Jerry), Innocence, juvenile justice, LGBT, prison, Supreme Court, Uncategorized | 2 Comments »

Foster Mother’s Day, LAUSD Voting to Reign in School Discipline…and More

May 13th, 2013 by Taylor Walker

FAMILIES AND ADVOCATES GATHER TO CELEBRATE FOSTER MOTHERS

This past Sunday, the non-profit organization Foster Care Counts hosted the Fifth Annual Foster Mother’s Day event in LA, home to the nation’s largest foster care system. Fifteen-hundred foster moms and their families gathered to celebrate Mother’s Day and National Foster Month with food, family activities, and entertainment.

We received some excellent photos of the festivities, like this foster mother with her sweet baby…

…and this happy group of kids getting ready to play some carnival games:

As journalists, we so often cover the tragedy and letdowns in foster care, it’s nice to take a moment and recognize the many decent folks who are giving kids homes.


WILL LAUSD VOTE TO BAN SUSPENSIONS FOR “WILLFUL DEFIANCE?”

Tuesday, the LAUSD Board of Education will vote on a resolution authored by LAUSD Board President Monica Garcia to ban suspensions for “willful defiance,” and to provide new guidelines for school discipline. (For more on the resolution, hop over to our April post.)

The LA Times’ Teresa Watanabe has the story. Here’s how it opens:

Damien Valentine knows painfully well about a national phenomenon that is imperiling the academic achievement of minority students, particularly African Americans like himself: the pervasive and disproportionate use of suspensions from school for mouthing off and other acts of defiance.

The Manual Arts Senior High School sophomore has been suspended several times beginning in seventh grade, when he was sent home for a day and a half for refusing to change his seat because he was talking. He said the suspensions never helped him learn to control his behavior but only made him fall further behind.

“Getting suspended doesn’t solve anything,” Valentine said. “It just ruins the rest of the day and keeps you behind.”

But Valentine, who likes chemistry and wants to be a doctor, is determined to change school discipline practices. He has joined a Los Angeles County-wide effort to push a landmark proposal by school board President Monica Garcia that would make L.A. Unified the first school district in California to ban suspensions for willful defiance.


BROOKLYN D.A. REVIEWING FIFTY MURDER CONVICTIONS INVOLVING RENOWNED NYPD DETECTIVE

The Brooklyn D.A.’s office has ordered a review of around fifty closed homicide cases involving retired NYPD Detective Louis Scarcella. The review comes after the release of wrongfully convicted David Ranta, who was locked up for twenty-three years on a false confession obtained by Scarcella. It was also triggered by the findings from an NY Times review of a dozen other cases.

We urge you to read the entirety of this wild and alarming tale.

The New York Times’ Frances Robles and N. R. Kleinfield have the story. Here’s a clip:

The office’s Conviction Integrity Unit will reopen every murder case that resulted in a guilty verdict after being investigated by Detective Louis Scarcella, a flashy officer who handled some of Brooklyn’s most notorious crimes during the crack epidemic of the 1980s and 1990s.

The development comes after The New York Times examined a dozen cases involving Mr. Scarcella and found disturbing patterns, including the detective’s reliance on the same eyewitness, a crack-addicted prostitute, for multiple murder prosecutions and his delivery of confessions from suspects who later said they had told him nothing. At the same time, defense lawyers, inmates and prisoner advocacy organizations have contacted the district attorney’s office to share their own suspicions about Mr. Scarcella.

The review by the office of District Attorney Charles J. Hynes will give special scrutiny to those cases that appear weakest — because they rely on either a single eyewitness or confession, officials said. The staff will re-interview available witnesses, and study any new evidence. If they feel a conviction was unjust, prosecutors could seek for it to be dismissed.

Posted in criminal justice, Foster Care, Innocence, LAUSD, Zero Tolerance and School Discipline | No Comments »

Board of Supes Will Interview LASD IG Candidates…. Lack of Opportunity for CA’s Working Poor….Thoughts on Michelle Knight….and More

May 10th, 2013 by Celeste Fremon

SUPES TO HAVE CLOSED SESSION TO REVIEW CANDIDATES FOR NEW INSPECTOR GENERAL FOR THE LASD



On Monday, at 9 am, the LA County Board of Supervisors
will meet in closed session to interview candidates for the position of Inspector General—IG—for the Los Angeles Sheriff’s department.

As you may remember, among the main recommendations made by the Citizen’s Commission on Jail Violence in its final report delivered last September, was the appointment of an independent Inspector General (IG) and the creation of an Office of the Inspector General (OIG) with “broad authority as well as adequate staffing and funding to review Custody issues and concerns.”

In making its recommendation, the Commission laid out what it saw as the problems with the existing oversight systems, and the new structure the commissioners felt should be put in place in order to be effective.

[You can read the CCJV's whole section re: existing oversight and the recommendation of the appointment of an OIG starting on p. 177.]

In past months, a private consulting company has been conducting the search for the IG candidates.

The lack of community input in the search has disappointed many—including Jails Commission member Reverend Cecil Murray, as he expresses an a letter to the LA Times.

However, as one Supes’ insider pointed out, in that a lot of the best qualified candidates are still working elsewhere, a public selection process is impractical.

We are unlikely to find out much if anything after Monday’s meeting, but the fact that the Supes now have a pile of candidates to review, is a welcome step forward.


AS FOR THAT OTHER CLOSED SESSION, CALLED AFTER THE TANAKA INTERVIEW….

After multiple conversations this week about Tuesday’s closed session –which was hastily called after the interview with Paul Tanaka appeared in the LA Times—we’ve learned that, basically, the meeting served to give the board members a chance to talk about what actions, legal or otherwise, they might need to take if something drastic happened at the LASD (like, say, bigtime indictments, or some unusually horrific revelation).

And, in response to a rumor going around among some of WLA’s commenters, not to worry, there is no indication that the board is going to start appointing committees to investigate the department, or some such crazy and redundant action.


NEW STUDY FINDS THAT CALIFORNIA HAS THE MOST WORKING POOR IN THE U.S. AND DOES A PARTICULARLY LOUSY JOB OF PROVIDING EDUCATIONAL OPPORTUNITIES NEEDED TO CLIMB OUT OF POVERTY

A new report released Wednesday finds that California has the most working poor in the nation, and that the state does an ineffective job of providing educational opportunities to boost the low-income workers to economic security—even though California has the 9th largest economy in the world, and is in great need of a well-educated work force.

“Economic security should not be out of reach for people who are working hard when higher education can be a viable pathway from poverty to prosperity,” says the report, commissioned by The Campaign for College Opportunity, in partnership with the Women’s Foundation of California and Working Poor Families project. “But there must be a will for reform and investment in the state’s higher education system. If left unaddressed, the state’s future outlook is threatened.”

Wisely, the report doesn’t just detail the bad news, but outlines a series of recommendations for reform that it says are “within reach.”


THE NEW YORKER’S AMY DAVIDSON WITH SOME THOUGHTS ON MICHELLE KNIGHT, AMANDA BARRY AND GINA DE JESUS

These two comparatively short narratives (here and here) on the three abducted and finally rescued women aren’t likely to tell you something that you don’t know. But Davidson’s strong, good prose counterweights the horror of this story with the humanity of the women. Here’s a clip:

How many times since August, 2002, did Michelle Knight think that she was going to die? When it became clear that Ariel Castro, who had offered her a ride, was not taking her home, but to a basement in his own house? The first time, or the hundredth time, she was tied up with the chains and rope the police found there, or when, as she said, according to press accounts of the initial police report, Castro raped and beat her? Another prisoner arrived, and then another; did that make her own life seem nearer or farther as it became clear, in glimpses of vigils on television, that the city was looking for them but not for her? Or was it the first time, or the second, third, fourth, or fifth time, that she realized that she was pregnant, and then, as she also reportedly told police, watched what happened to her body as Castro systematically starved her and hit her in the stomach until she miscarried? In 2006, according to the report, Castro told her that he would kill her if the baby about to be born to Amanda Berry, whom he had also held for years and raped, died. As Knight, along with the third prisoner, Gina DeJesus, helped with the delivery, in a inflatable pool set up in the house, it looked as though that might happen: the newborn girl stopped breathing. Knight breathed into her mouth, and they both lived.

Read the rest here. and here


TWO SHERIFF’S DEPUTIES RESCUE PICO-RIVERA MAN FROM BURNING APARTMENT

KTLA has this story of everyday heroism in which two LA County Sheriff’s deputies rescue a man, incapacitated by smoke inhalation, from his still smoldering Pico Rivera apartment.

Click here for the video.


HEARTBREAKER AS LA AIRPORT POLICE OFFICER DIES AFTER RUNNING MEMORIAL 5K FOR FALLEN COLLEAGUE

Brian Sumers of the Daily Breeze has the story. Here’s a clip:

A Los Angeles International Airport police officer, who felt ill on Wednesday after running in a 5K race to honor an officer killed while on duty, died late Thursday afternoon, Chief Patrick Gannon said.

Anthony Edwards had been taken to Kaiser Permanente Los Angeles Medical Center on Wednesday, where doctors discovered a heart problem, Gannon said. He had just finished the run, which raised money for the Tommy E. Scott Scholarship Fund. Scott was killed in 2005 when a man jumped into his patrol car and took off with the officer clinging to the door. Scott was decapitated when he struck a fire hydrant.

“We were honoring one guy – Tommy Scott, who had given his life for this city – and then the irony of it was that an officer who was honoring Tommy passed away himself,” Gannon said. “It’s hard for everyone to get their arms around this. ”

Gannon said Edwards was in his mid-40s. Another police source said Edwards had been with the airport police for 12 years.

Posted in crime and punishment, LA County Board of Supervisors, LASD | 6 Comments »

LA Boy Scouts Group Says Allow Gay Leaders, Delaware Legalizes Gay Marriage, Equality for Trans Youth…and More

May 9th, 2013 by Taylor Walker

WEST LA BOY SCOUT CHAPTER PUSHES ORGANIZATION TO WELCOME GAY YOUTH AND ADULTS

The W. LA County branch of the Boy Scouts of America is calling for the organization to both execute an offered proposal to lift the ban on gay scouts and also allow gay adults to be troop leaders.

Reuter’s Alex Dobuzinskis has the story. Here’s how it opens:

The council, which represents more than 14,000 scouts and ranks as the nation’s 14th-largest scouting chapter, called for the Texas-based youth organization to go further by welcoming gays into the ranks of its adult volunteers as well.

In issuing its declaration on Tuesday urging a “true and authentic inclusion policy,” the Los Angeles group joined at least two branches in New York state that have pushed for allowing gays to work as troop leaders or staff members.

The Boy Scouts of America holds its annual national meeting on May 23 in Texas, where a resolution will be voted on that would end the century-old group’s policy denying membership to youths on the basis of sexual orientation.


AND WHILE WE’RE ON THE SUBJECT…

On Tuesday, Delaware’s state Senate voted to make DE the eleventh state to legalize gay marriage. (Way to go, Delaware!)

Here’s a clip from the Associated Press:

Less than an hour after the Senate’s 12-9 vote, Democratic Gov. Jack Markell signed the measure into law.

“I do not intend to make any of you wait one moment longer,” a smiling Markell told about 200 jubilant supporters who erupted in cheers and applause following the Senate vote.


NEW BILL WOULD FURTHER EQUALITY FOR TRANSGENDER YOUTH IN CA SCHOOLS

AB 1266, a bill in California Legislature introduced by Assemblyman Tom Ammiano, would allow transgender kids to participate in sex-segregated school sports and activities regardless of the sex listed on the student’s records. Passage of AB 1266 would be a huge step in the direction toward equal opportunities for trans youth who already face plenty of hardships and discrimination in school, as it is.

NY Times’ Ian Lovett has the story. Here’s a clip:

Over the last decade, the International Olympic Committee and the National Collegiate Athletic Association have adopted regulations for athletes who were born male but now consider themselves females and want to play on women’s teams.

And now, high schools are beginning to take on the issue as well, as a small but growing number students who identify themselves as transgender have begun demanding access to the same school activities, like interscholastic sports, that other students enjoy.

More than half a dozen states, from Washington to Massachusetts, have adopted rules to allow transgender students to compete on teams that correspond with their gender identities rather than the sex listed on their school records. Half a dozen more states are considering similar regulations. And a bill in the Legislature would make California the first to specifically guarantee by law that transgender students like Tony are allowed to play school sports.

“Transgender students deserve equal access to everything in public education, including sports,” said Tom Ammiano, the state assemblyman sponsoring the bill. “You can’t discriminate just because you’re uncomfortable with a young man transitioning to become a young woman.”


MAJORITY OF AMERICANS WRONGLY ASSUME GUN VIOLENCE IS ON THE RISE

Firearm-related crimes have seen a significant decrease over the last two decades, but most Americans are under the impression that gun crimes have increased since 1993 with only 12% of those surveyed aware of the decrease, according to a report released Tuesday by the Pew Research Center. Another Tuesday report from the Bureau of Justice Statistics says that the number of gun-related homicides dropped 39% from 1993 to 2011.

LA Times’ Emily Alpert has the story. Here’s a clip:

It’s unclear whether media coverage is driving the misconception that such violence is up. The mass shootings in Newtown, Conn., and Aurora, Colo., were among the news stories most closely watched by Americans last year, Pew found. Crime has also been a growing focus for national newscasts and morning network shows in the past five years but has become less common on local television news.

“It’s hard to know what’s going on there,” said D’Vera Cohn, senior writer at the Pew Research Center. Women, people of color and the elderly were more likely to believe that gun crime was up than men, younger adults or white people. The center plans to examine crime issues more closely later this year.



Photo by Douglas Muth through Wikimedia Commons.

Posted in children and adolescents, gender, guns, LGBT | No Comments »

The Faces Behind the USC Party Arrests…and More

May 8th, 2013 by Taylor Walker

MORE ON THE ALLEGED LAPD RACIAL PROFILING AND THE KIDS WHO WERE CUFFED

Tuesday night, there was an open forum at USC to discuss the break-up of an off campus party by more than six dozen LAPD officers, which has now become a high profile incident. Students, faculty, city and county officials and LAPD department members packed into a campus ballroom for the follow-up to several demonstrations and meetings this week regarding allegations of racial profiling by the LAPD against USC students of color.

If for some reason you missed the original story, last Friday night,, after responding to a simple noise complaint, seventy-nine officers, some in riot gear, made six arrests as they shut down a USC party attended predominantly by African Americans. Meanwhile, just across the street, LAPD officers handled a similar noise complaint against a group of mainly white party goers in what was reportedly a considerably more peaceful fashion.

Police maintain that the crowd at party two went inside and turned down the noise when asked, while many members of party one did not and an unspecified numbers threw objects at officers.

Among the students arrested was the first party’s host, Nate Howard, a bright and charismatic USC communications major who, in addition to being a student leader, is also a correspondent for mtvU, the creator of a production company called Brave Entrepreneurs, and has just shot a pilot for his own talk show. Several of the other kids arrested also turned out to be campus leaders.

Feeling unjustly profiled, amid the chaos, the party-goers began tweeting, Facebooking, and videotaping the LAPD encounter. Within hours, they had flooded various social media platforms, and organized a campus sit-in for the following day to raise awareness about what they characterized as unequal treatment by the LAPD that they insisted was not an isolated event.

Here’s a raw video of the 79 police officers (yes, the party-goers counted) taken by a student who had attended the party:

(NOTE: According to a source close to the department, there is an video, unreleased as yet, of officers in a radio car being hit by bottles and/or rocks.)

And another of an impassioned Nate Howard at the campus sit-in, at one point reciting what soon became the demonstrating students’ new call phrase: “We are scholars! Not criminals!”

During Tuesday night’s forum, attendees live-tweeted in a big way, and #USChangeMovement started trending. Here’s a link to the whole feed, but here are some of the tweets that stood out to us:

Frances Wang @FrancesWang_
Friday night,
I told an officer that he arrested USC scholars who will change the world. He laughed. Little did he know. #USChangeMovement

Evelina Weary ‏@evelinaweary
Alumni: “Why was DPS not the first responder
if this was a DPS registered party?” #uschangemovement #stopracialprofiling

Frances Wang ‏@FrancesWang_
Sarah, the host of the “white” party:
“These students weren’t treated with respect, my house was treated with respect.” #USChangeMovement

Neon Tommy ‏@neontommy
“This meeting is a waste of time if
you don’t go out to the community and engage your neighbors.” #USC #uschangemovement

Neon Tommy has an update from the forum. Here’s how it opens:

Los Angeles and campus police officials told dozens of students, who said they were victims of racial profiling by law enforcement, that authorities have concluded a strong response to a house party last weekend was not based on the race of students involved.

“We’ve looked at this really thoroughly, and there is no indication that it was race-based,” Los Angeles Police Capt. Paul Snell said Tuesday night. “Irrespective of what happened, what I would like to focus on is how we can move forward. Neither LAPD, neither DPS, neither the citizens of Los Angeles want this to happen again.”

And here’s another clip:

One was arrested on suspicion of interfering with police activity. The five others each face a misdemeanor charge. USC police chief John Thomas said he had previously been in contact with one of the students arrested, 20-year-old Rayven Vinson. He said seeing a photo of her being handcuffed hit him personally.

“This is about trust in the Department of Public Safety,” he said. “This is about you having trust in the department that’s providing protective services to you.”

L.A. Police Deputy Chief Bob Green called that first booking number devastating, saying there’s often little hope after that.

USC police chief Thomas said the university is working closely with police to make sure the students arrested are treated fairly. USC’s outgoing vice president of student affairs Michael Jackson said he’s advocating that the city attorney’s office drop the charges. Capt. Snell said the investigation is ongoing.

Here’s a short profile video of Rayven Vinson, one of the students arrested:

This next one is a first-hand account of yet another bright and well-spoken student from Santa Monica College, Anthony Stewart, who was detained Friday night:

We have a feeling this story isn’t going to go away soon. We’ll be keeping an eye on it.


MANY LATINOS AFRAID TO REPORT CRIMES, SURVEY SAYS

Latinos in LA and other cities are less likely to report crimes due to amped up immigration law enforcement and the threat of deportation, according to a new survey by the Lake Research Partners.

LA Times’ Brian Bennett has the story. Here’s a clip:

About 44% of Latinos surveyed said they were less likely now to contact police if they were victims of a crime because they fear officers will inquire about their immigration status or the status of people they know. The figure jumps to 70% among Latinos who are in the country unlawfully.

“There is fear that is really widespread,” said Nik Theodore, an associate professor of urban planning and policy at University of Illinois at Chicago and the author of the study.

The report, “Insecure Communities: Latino Perceptions of Police Involvement in Immigration Enforcement,” is based on a telephone survey of 2,004 Latinos in Los Angeles, Houston, Chicago and Phoenix. The results are scheduled to be released Tuesday.


CA SUPREME COURT UPHOLDS LOCAL RIGHT TO BAN POT DISPENSARIES

The CA Supreme Court ruled Monday that state law cannot stop cities and counties from banning medical marijuana dispensaries.

Here’s a clip from the AP story:

In a unanimous opinion, the court held that California’s medical marijuana laws — the nation’s first and most liberal — neither prevent local governments from using their land-use powers to zone dispensaries out of existence nor grant authorized users convenient access to the drug.

“While some counties and cities might consider themselves well-suited to accommodating medical marijuana dispensaries, conditions in other communities might lead to the reasonable decision that such facilities within their borders, even if carefully sited, well managed, and closely monitored, would present unacceptable local risks and burdens,” Justice Marvin Baxter wrote for the seven-member court.


MCJ MAKES IT ONTO WORST LOCKUPS LIST

In other news (and not all that surprisingly), Men’s Central Jail takes the number five spot on Mother Jones’ list of America’s ten worst lockups.



Photo used with permission from Twitter user and USC forum attendee @RiniSampath.

Posted in immigration, LA County Board of Supervisors, LA County Jail, LAPD, Marijuana laws, race | 2 Comments »

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