Saturday, April 18, 2015
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Meta

ACLU


LA Jail Settlement over Disabilities Law, Drunk CA Prison Guards with Guns, Recording Studio in Juvie Lock-up, and Gradual Reentry

March 24th, 2015 by Taylor Walker

US DISTRICT JUDGE OKAYS LA COUNTY SETTLEMENT OVER NONCOMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

On Monday, U.S. District Court Judge Dean Pregerson gave the final approval for an LA Sheriff’s Department settlement of a federal class action lawsuit alleging jail conditions that violated the Americans with Disabilities Act.

Peter Johnson, the lead plaintiff in the lawsuit, was arrested for petty theft in 2007. Johnson was shot in the spine when he was fifteen, leaving him paralyzed from the chest down and wheelchair-bound. There were no accessible toilets in the inmate reception center, so for more than 8 hours while being booked into jail, Johnson had to sit in his own waste. Neither were there accessible drinking fountains. Jail officials took Johnson’s personal wheelchair and replaced it with a broken jail-issued wheelchair. The seat was falling out, and there were no foot rests, so Johnson’s feet dragged on the floor. And because there were no brakes, Johnson would fall onto the floor when he tried to move from the chair to the bed or toilet.

Although, the battle over the lawsuit raged for the last seven years, the suit has, nonetheless, stimulated the county to make recent major changes to jail facilities’ accessibility for inmates with mobility disabilities.

Sheriff Jim McDonnell told ABC7 on a recent jail visit, “You’ve got to provide a location that is humane. You’ve got to treat people as well as you can treat them. When you look at the environment we’re in–ADA compliance, all of those issues–these facilities were built before any of those rules were in place.”

Here’s a clip from the Disability Rights Legal Center’s announcement detailing the progress:

The settlement has already resulted in significant changes in the massive jail system, including the construction of wheelchair accessible toilets in the Inmate Reception Center, new housing for inmates with disabilities in the jail’s Twin Towers complex, nearly doubling the jail’s capacity to accommodate inmates with mobility impairments, and a new system to deliver working wheelchairs to inmates. The County has also agreed to provide equal access to employment, educational and vocational programs, offer physical therapy in the jail, appoint an ADA coordinator to address complaints from inmates or family members, and create a new ADA complaint system that will allow secondary review of wheelchair accommodations.

In a statement issued Wednesday night, the sheriff’s department said, “As exemplified by the settlement and its approval by the Court, the Los Angeles County Sheriff’s Department is committed to complying with the American’s with Disabilities Act, which includes housing mobility impaired inmates in accessible locations in the jails.”

Melinda Bird, Litigation Director for Disability Rights California, talked about the settlement as a “tribute to the persistence and courage of people like Mr. Johnson, who spoke out for the rights of people with disabilities…”

The ACLU SoCal’s Jessica Price said, “This settlement is a huge step in the right direction towards ensuring that inmates with mobility disabilities receive basic accommodations, but it is just the beginning. Now inmates, their family members, the Office of the Inspector General, and the lawyers must be vigilant to ensure these important protections are enforced.”


CDCR’S INSPECTOR GENERAL SEZ DEPT. NEEDS TO REVOKE CONCEALED CARRY PERMITS FOR DRUNKEN, GUN-WEILDING PRISON GUARDS

In a recent report, the California Department of Corrections and Rehabilitation’s Inspector General Robert Barton said many California prison guards are having trouble refraining from drunkenly brandishing their weapons in public, shooting them, and leaving them in their kids’ toy chests (yes, really).

This is the third time Barton has called on the CDCR to put a policy in place to revoke prison guards’ concealed carry permits when they are found to be carrying firearms while drunk.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“Such behavior is not only dangerous to the public but brings discredit to the department,” Inspector General Robert Barton wrote in a report that tracks departmental and criminal investigations of Department of Corrections and Rehabilitation employees…

It’s the third time Barton has made the recommendation in the last 18 months, but the department said in its response that it is still working on “a statewide, comprehensive policy to address the issues surrounding concealed weapons permits.”

Meanwhile, Barton said the incidents keep piling up:

— A correctional officer was found to have a handgun in his pants pocket when he was arrested for being drunk and urinating outside a business.

— An officer was arrested for child endangerment after he drunkenly left guns scattered around his house where his three children could find them, including a loaded firearm in a toy box…


RECORDING STUDIO AN EMOTIONAL OUTLET FOR KIDS IN SF JUVENILE LOCK-UP

The San Francisco Juvenile Probation Department and the nonprofit Sunset Youth Services have teamed up to bring music recording equipment to kids in juvenile detention.

Through the unique program, locked-up kids record their own songs using one of Sunset’s mobile recording studios. The non-profit’s record label, UpStar, is run by at-risk kids and young adults, and has recently expanded into SF’s Juvenile Justice Center. UpStar provides a therapeutic outlet for kids behind bars, as well as those on the outside, to work through their emotions and past traumas.

The San Francisco Examiner’s Laura Dudnick has more on the program. Here’s a clip:

Luis Recinos, director of the Juvenile Justice Center, said the partnership aligns with the center’s goal to give kids as many opportunities as possible while in custody. “Sometimes it takes a program such as this to spark something in them that changes the way that they want to live their lives,” Recinos said.

The recording equipment kept at the Juvenile Justice Center is one of Sunset Youth Services’ two mobile recording studios, which includes a portable sound booth and computer.

The mobile studios are also brought to San Francisco high schools for students to record music on their lunch breaks.
But professional-quality recording studios at the Sunset Youth Services center on Judah Street at 44th Avenue is where much of the music magic happens. There, in the brightly decorated facility, at-risk youths and young adults are offered hands-on experience recording, mixing, mastering, releasing, distributing and promoting their own music and videos.

Sunset Youth Services’ youth-run label UpStar Studios has even produced five albums that are annual compilations of the best work created by musically inclined, at-risk youths.

Through speaking with teens at the Sunset district center — many of whom are on probation — Dawn and Ron Stueckle, who co-founded what would become Sunset Youth Services in 1992, moved forward last year to bring the music to the juvenile inmates.

The program at juvenile hall allows inmates to use the recording equipment three days a week.

“Kids from different units on different days [gather] to record with staff,” Dawn Stueckle said. “What we’re doing right now is giving kids an opportunity to just write their own songs and learn the gear.”

Another male inmate at the Juvenile Justice Center, age 16, has been using the mobile recording studio since it arrived late last year. Before he was in custody, the youth first learned of Sunset Youth Services at age 14 through a friend.

“I grew up kind of troubled, but I always tried to make it better,” the Mission native said. “I didn’t find an outlet up until I came to Sunset Youth Services, where I could finally express all my anger.”

The 16-year-old participated in an internship at Sunset Youth Services before being hired as a studio technician, specializing in beat production.

His lyrics chronicle his personal experiences leading up to his life at the juvenile facility.
“Even tho I’m looked down my name is said thru all my fans / Shot at but never ran and I made another year / three bullets hit my body but I still ain’t got a fear.”

“We want the kids to make music they’re proud of ... but our goal is bigger than music,” Dawn Stueckle explained. “Music is the vehicle by which we can gain entry into their lives and begin to earn trust, and earn the right to journey with them and support them over the long haul.”


MERITS OF CAREFULLY LEADING OFFENDERS THROUGH GRADUAL REENTRY HOUSING AND EMPLOYMENT

Vox’ Mark Kleiman, Angela Hawken, and Ross Halperin have a lengthy, but worthwhile essay exploring graduated reentry services (incremental freedom through housing and employment) as a way to greatly reduce mass incarceration and the seemingly neverending cycle of recidivism.

Here’s a clip:

Start with housing. A substantial fraction of prison releasees go from a cellblock to living under a bridge: not a good way to start free life. Spend some of the money that would otherwise have financed a prison cell to rent a small, sparsely furnished efficiency apartment. In some ways, that apartment is still a cell and the offender still a prisoner. He can’t leave it or have visitors except as specifically permitted. The unit has cameras inside and is subject to search. But he doesn’t need guards, and doesn’t have to worry about prison gangs or inmate-on-inmate assault.

Drug testing and sanctions can avoid relapse to problem drug use; GPS monitoring can show where the re-entrant is all the time, which in turn makes it easy to know whether he’s at work when he’s supposed to be at work and at home when he’s supposed to be at home. This makes curfews enforceable and keeps him away from personal “no-go” zones (the street corner where he used to deal, the vicinity of his victim’s residence). GPS would also place him at the scene of any new crime he might commit, thus drastically reducing his chances of getting away with it and therefore his willingness to take the gamble.

The apartment functions as a prison without bars.

In some ways, it’s a fairly grim existence, especially at the beginning: the offender starts off under a strict curfew, allowed out only for work, job hunting, and necessary personal business (food shopping, medical care, service appointments), as well as to meet the correctional officer in charge of his supervision. And he’s required to work full-time at a public-service job, earning a little less than the minimum wage. On top of that, he has to spend time looking for an ordinary paying job (being supplied with appropriate clothing and some coaching in how to do a job search). He never touches money except for small change; he makes purchases as needed with an EBT or debit card, and only for approved items. The “no-cash” rule both makes it harder to buy drugs or a gun and reduces the benefits of criminal activity. Since he’s eating at home, he needs food, some minimal kitchen equipment, and perhaps some simple cooking lessons. (Whether groceries are delivered or whether he’s expected to shop for his own food right away is another detail to work out.)

Minor violations — staying out beyond curfew, using alcohol or other drugs, missing work or misbehaving at work, missing appointments — can be sanctioned by temporary tightening of restrictions, or even a couple of days back behind bars, in addition to slowing the offender’s progress toward liberty. Major violations — serious new offenses, attempts to avoid supervision by removing position-monitoring gear — lead to immediate termination from the program and return to prison. Not, on the whole, an easy life. But it’s much simpler than the challenge of a sudden transition from prison to the street.

Moreover, if you were to ask a prisoner who has now served two years of a five-year sentence (for drug dealing, say, or burglary), “Would you like to get out of prison right now and into the situation I just described?” the odds of his saying “Yes” would be excellent. And if he didn’t, his cellmate would. Indeed, entry to the program could be offered as a reward for good behavior in prison, improving matters for those still “inside” — and those guarding them — as well as those released.

And — this is the central point — the offender’s freedom increases over time, as long as he does what he’s supposed to do.

Posted in ACLU, CDCR, guns, Inspector General, LA County Jail, LASD | No Comments »

Keeping Kids in Communities, Victim-Focused Violent Crime Reform, CA Makes it Under Prison Pop. Limit, and Justice in Sweden

January 30th, 2015 by Taylor Walker

STUDY: FAR BETTER OUTCOMES FOR KIDS SUPERVISED IN THEIR COMMUNITIES THAN IN DETENTION

A remarkable new report commissioned by the state of Texas found that kids housed in state detention facilities were 21% more likely to be arrested again within one year of release than kids under community supervision. And, when kids did recidivate, the kids who had been locked up were three times more likely to commit a felony than the kids kept in their communities.

The report collected and analyzed data from more than 1.3 million juvenile records, taken from 466,000 kids who had been in contact with the Texas’ juvenile justice system between 2004 and 2011.

The far-reaching report, conducted by the Council of State Governments Justice Center, in partnership with Texas A&M, aimed to gauge the efficacy of a series of important state juvenile justice reforms. (Faced with an overwhelming over-incarceration crisis around 2007, the state built up rehabilitation and reentry programs and incarceration alternatives spearheaded by the conservative criminal justice reform group, Right on Crime. These reforms so greatly reduced the prison population that Texas has been able to actually close state prisons.)

Michael Thompson, director of the Council of State Governments Justice Center, and Xavier McElrath-Bey of the Campaign for the Fair Sentencing of Youth appeared on PBS Newshour to discuss the report’s findings and implications. You can watch the segment in the video above, but here’s a small clip from the transcript:

[MICHAEL THOMPSON:] We found that they were saving the state a lot of money, hundreds of millions of dollars, by closing these facilities and really putting the emphasis on community supervision. Very few states could conduct an analysis like, this yet it’s the kind of analysis that states everywhere should be conducting.

JUDY WOODRUFF: And what was — what was so different about the community incarceration care for these young men and women that was from the state-run facilities?

MICHAEL THOMPSON: Right.

I mean, when you hear it and you think about it, it really makes a lot of sense, right? I mean, what we have been doing is we have been pulling kids away from their community, sending them to a facility hundreds or thousands of miles away, interacting with staff who don’t look like them, don’t necessarily speak their language, uprooted from any kinds of ties they had in the community, further away from positive influences they had, like maybe family members or a pastor or a sibling.

And we expect there to be some tremendous corrective action when we’re putting them with a bunch of kids who maybe will have a negative influence on them because they’re a higher risk of reoffending. So, really, when we talk about it that way, we shouldn’t be surprised that those kids actually end up doing better when they’re closer to home.

In an op-ed for the Juvenile Justice Information Exchange, Nate Balis, director of the Annie E. Casey Foundation’s Juvenile Justice Strategy Group, lays out ten meaningful takeaways for the rest of the nation. Here are the first two (but be sure to read the rest):

1. The report shows that dramatically decreasing the population of youth confined in state juvenile corrections facilities is good public policy.

CSG found that Texas youth released from state institutions were: 21 percent more likely to be arrested within 12 months than comparable youth who remained under the supervision of county probation departments and three times more likely to face felony charges if arrested. These findings were controlled for offending history, demographics and other relevant factors. CSG reports that the average cost of a stay in state custody exceeded $200,000.

Texas is not an anomaly. These results confirm the already overwhelming evidence that in virtually every recidivism study, the vast majority of youth released from large, state-run correctional institutions are rearrested within two or three years of release, and one-third or more are reincarcerated in a juvenile facility or adult prison.

Research also consistently finds that state-funded youth corrections facilities are dangerous, unnecessary, obsolete and inadequate for the serious mental health, educational and social service needs faced by many court-involved youth.

2. The CSG report shows that contrary to commonly held fears, there is not a substantial population of superdangerous youth beyond the capacity of counties to supervise.

CSG found no difference statistically between the population of youth committed to state-run secure facilities and those placed under the supervision of their county juvenile probation departments. Youth committed to state custody “look no different than many of those who are kept in their communities,” CSG commented. “This tends to suggest that many more of the committed youth could just as successfully be rehabilitated under the supervision of the county juvenile probation department.”


CONSIDERING THE VICTIM MAY BE ANOTHER STEP TOWARD SOLVING THE US’ OVERINCARCERATION CRISIS

Seattle Weekly’s current cover story introduces the ACLU’s Alison Holcomb, who is heading a $50 million political campaign to end mass incarceration. Holcomb, who used her new position to back the Californians for Safety and Justice’s Proposition 47 campaign, says she feels pulled to focus future efforts on developing victim-centered approaches to dealing with violent crime issues.

And Holcomb is coming from a place of devastating personal experience. When her husband, Gregg, was 24, his father was murdered by a 17-year-old at an ATM.

Here are some clips from Nina Shapiro’s story for Seattle Weekly:

Holcomb is beginning to focus on a rather revolutionary approach to criminal-justice reform—one that views the tremendous resources put into prosecutions and prisons as misguided, and that aims to siphon some of those resources instead to victims. “I’m just spit-balling,” she says, “but it seems to me that we could be a lot more creative and have a much more victims-centered approach to violent crime than we do right now.”

[BIG SNIP]

“It’s funny,” she begins. “The last month, I had an opportunity to talk with people thinking about violent crime.” They included Bass from the North Carolina group and a Brooklyn woman named Danielle Sered, who directs an organization that, as its website puts it, facilitates “a dialogue process designed to recognize the harm done, identify the needs and interests of those harmed, and develop appropriate sanctions to hold the responsible party accountable.”

“So how would the last 22 years have looked if that opportunity had been presented to Gregg?” she wonders. “Even if he wasn’t ready to take anybody up on the offer until year six or seven or 12 or 13. What might have changed if there had been a kind of support, if our criminal-justice system actually focused on the victims instead of . . . ”

She trails off into what she calls her “floating hypotheses”—that the fear of “vigilante justice” of the sort entertained in her husband’s darker moments has led the state into an outsized role. “We knights in shining armor, we prosecutors, we are going to step in and take care of this . . . on behalf of the victim.

“I think for a surprising number of victims that’s not what they want, not what they need…


CALIFORNIA FALLS BELOW FEDERAL JUDGES’ ORDERED PRISON POPULATION LIMIT

After several missed and extended deadlines, California has finally brought its prison population below the 137.5% of capacity mandated by a panel of federal judges. The number of inmates in state prisons dipped below the 113,722 limit by 259 inmates, hitting the marker more than a year in advance of the most recent deadline.

But the state must continue to take meaningful steps toward easing overcrowding through the final February 2016 deadline.

Contributing efforts to reduce the population average include realignment (AB 109), moving inmates to private and out-of-state prisons, early release programs for the elderly, the three-strikes reform law, and the recent passage of Proposition 47, which reduced certain felonies to misdemeanors.

The Sacramento Bee’s Sam Stanton has more on the new numbers. Here’s a clip:

After years of legal battles that went as far as the U.S. Supreme Court, the state’s prison population has been decreasing steadily, and a report posted online Thursday by the California Department of Corrections and Rehabilitation puts the latest inmate population at 113,463, below the court-ordered cap of 137.5 percent of capacity for the first time. The prisons’ design capacity is 82,707 inmates, and the population as of midnight was 137.2 percent of capacity.

The latest population figure is merely a snapshot and may fluctuate, and the corrections department did not have an immediate comment on the development.

But one of the lead attorneys in the effort to force the inmate population reductions said the announcement is a “significant moment.”

“We should all acknowledge it’s an important, significant and historic moment,” attorney Michael Bien said, but he added that the state must show that it can maintain the reductions over time.

Head over to the SacBee for more statistics and the backstory on California’s prison population saga, if you’re unfamiliar.


SWEDEN: LOW INCARCERATION RATES, LOW CRIME RATES, FOCUSED ON REHABILITATING OFFENDERS

Policy Mic’s Zeeshan Aleem has an interesting story comparing the oppressive and dehumanizing mass incarceration mechanism in the United States to Sweden’s rehabilitation-centric “open” prison system.

Sweden’s methods are geared toward releasing inmates back into the world as improved versions of themselves than when they arrived. And, while Sweden and the United States have different populations, Sweden’s results are certainly worth noting. Here’s a clip:

…in the past decade, the number of Swedish prisoners has dropped from 5,722 to 4,500 out of a population of 9.5 million. The country has closed a number of prisons, and the recidivism rate is around 40%, which is far less than in the U.S. and most European countries.

Öberg believes that the way Sweden treats its prisoners is partly responsible for keeping incarceration and recidivism rates so low…

While high-security prisons in the U.S. often involve caging and dehumanizing a prisoner, prisons in Nordic countries are designed to treat them as people with psychosocial needs that are to be carefully attended to. Prison workers fulfill a dual role of enforcer and social worker, balancing behavioral regulation with preparation for re-entry into society.

“Open” prisons: Even more remarkable than this is the use of “open prisons” in the region. Prisoners at open prisons stay in housing that often resembles college dorms, have access to accessories such as televisions and sound systems and are able to commute to a job and visit families while electronically monitored. Prisoners and staff eat together in the community spaces built throughout the prison. None are expected to wear uniforms.

Posted in ACLU, CDCR, juvenile justice, Right on Crime, Sentencing | 2 Comments »

Sheriff McDonnell’s Thoughts One Month In….Jail Beating Victims Win $5M in Legal Fees….Ferguson Grand Juror Sues….and Foster Kids

January 7th, 2015 by Taylor Walker

LASD SHERIFF JIM MCDONNELL MAKES MEDIA ROUNDS, DISCUSSES DUAL-TRACK SYSTEM, OVERSIGHT, REPLACING JAIL

LA County Sheriff Jim McDonnell says he has his sights set on a plan that would keep new deputies from having to spend years working in jails before heading out on patrol. The aim would be to fill all jail positions within the next three years, so that patrol-seeking deputies would be able to skip or reduce the customary time spent learning the custody division (which can last up to seven years).

The LA Daily News’ Rick Orlov has the story. Here’s a clip:

McDonnell said the original intent of the system was to have deputies spend a year or two in the jails to allow them to learn about the custodial division.

But, over the years, that assignment grew to as long as seven years and has hurt recruitment, McDonnell said.

“Young people today are very sophisticated and they look at what the different departments offer,” McDonnell said. “They joined to be in patrol cars and help people. I don’t think you are helping recruitment when you send them to the jails for so long.”

The proposal to reduce use of new deputies in the jails was contained in a 2012 report by the Citizens Commission on Jail Violence, of which McDonnell was a member. The panel also recommended the use of custody assistants to help staff the jails and relieve the need for deputies.

Peter Eliasberg, legal director of the ACLU of Southern California, which has been critical of the jail system, said he supports McDonnell’s proposal.

“I always thought the claim that jails are the appropriate place to learn about bad people is not right,” Eliasberg said. “Patrol requires a different response and temperament than is needed in the jails.

Sheriff McDonnell, who was sworn in a little over a month ago, as part of a media circuit, spoke with KPCC’s Larry Mantle on AirTalk about the dual track recruiting system, as well as the fate of Men’s Central Jail, and civilian oversight.

LA Observed’s Kevin Roderick has a good round up of McDonnell’s other appearances.


OVER $5 MILLION IN LEGAL FEES AWARDED TO MEN’S CENTRAL JAIL IMNATES

A federal judge has awarded nearly $5.4 million in legal fees to five Men’s Central Jail inmates who say they were brutally beaten and tasered by deputies in 2008. (Read about the trial here.) This number is in addition to $950,000 in damages won by the inmates last year.

Legal director of the ACLU of Southern California, Peter Eliasberg, points out that the county could have avoided paying over $5 million in legal fees (more than $6 million of tax payers’ money) by settling for less $1 million.

The LA Times’ Cindy Chang has the story. Here are some clips:

The amount, approved by a federal judge last week, is unusually large for such cases and may encourage more attorneys to represent indigent plaintiffs who claim abuse by their jailers. It comes on top of $950,000 in damages that a federal jury awarded to the inmates after a trial last February.

Heriberto Rodriguez and the other inmates say that they suffered broken bones in beatings by sheriff’s deputies when they refused to leave their cells at Men’s Central Jail on Aug. 25, 2008. The county argued that deputies took the steps they felt were necessary after a riot broke out, with inmates setting fires and throwing porcelain shards from broken sinks.

In a Dec. 26 order, U.S. District Judge Consuelo Marshall accepted the winning attorneys’ assessment that they spent nearly 6,000 hours on the case at rates of up to $975 an hour. The attorneys said they had been willing to settle the case, including legal fees, for about $900,000, but the county refused.

Of the $950,000 jury award, $210,000 was for punitive damages and $9,500 will go to the inmates’ attorneys, in addition to the nearly $5.4 million in attorneys fees granted by the judge’s order.


GRAND JUROR, WANTING TO SPEAK OUT ABOUT DARREN WILSON CASE PROCEEDINGS, SUES COUNTY PROSECUTOR

An unnamed member of the grand jury that chose not to indict Ferguson police officer Darren Wilson in the killing of Michael Brown, is now suing the St. Louis County prosecutor, Robert McCulloch, seeking to negate a gag order prohibiting grand jurors from speaking about the case. Normally, grand jurors who discuss cases face misdemeanor charges, but the lawsuit filed Monday by the ACLU of Missouri, says the unusual proceedings (which included sharing all evidence with the grand jury instead of recommending a charge), warrants permitting the juror to speak. The lawsuit says that the presumption that the grand jury’s decision was unanimous is inaccurate, as is other information shared with the public about the proceedings.

On Monday, in a letter to St. Louis Circuit Judge Maura McShane, the NAACP requested that a new grand jury be convened to reconsider charges against Darren Wilson. The group also asked for an investigation into the grand jury proceedings and McCulloch’s actions.

St. Louis Public Radio’s Chris McDaniel has the story. Here’s a clip:

“In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges,” the lawsuit says. (A grand jury’s decision does not have to be unanimous.)

“Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with [Doe]’s own,” the lawsuit continued. “From [the grand juror]’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury.” Doe also believes the legal standards were conveyed in a “muddled” and “untimely” manner to the grand jury.

In the lawsuit filed Monday in federal court, the American Civil Liberties Union of Missouri argues that this case is unique and that the usual reasons for requiring the jurors to maintain secrecy should not apply.

In this specific case, “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment,” the lawsuit says, adding that allowing the juror to speak would contribute to a discussion on race in America.

As the grand juror points out in the lawsuit, the Wilson case was handled in a very different manner than other grand juries. Instead of recommending a charge, McCulloch’s office presented thousands of pages worth of evidence and testimony before the grand jury. At one point, McCulloch’s spokesman characterized the grand jury as co-investigators.

CBS News has more on the NAACP requests.


A LOOK INTO THE LIVES OF DRUGGED FOSTER KIDS

In the fifth installment of Karen de Sá’s important investigative series for the San Jose Mercury, a video documentary gives us a more intimate look at the young lives affected by the unchecked overuse of psychotropic medications to treat California’s foster kids.

Watch it here, especially if you missed any of the previous installments (which can all be accessed via the same link).


IMPROVING FOSTER KIDS’ HIGHER EDUCATION OUTCOMES

When foster kids age out of the system, the odds are invariably stacked against them. They often leave their foster homes with little or no money, support, or tools to prepare them for college or adult life. (A 2011 study by the Hilton Foundation found that only 2% of the 2,388 LA County former foster youth tracked by researchers received an associate’s degree.)

A growing number of states are working to help level the playing field for former foster kids by offering college tuition waivers and educational support programs. While California does have cross-agency collaborative support systems in place, the state does not offer tuition waivers to aged-out foster kids.

NPR’s Jennifer Guerra discusses this issue on All Things Considered. Take a listen, but here’s a clip from the accompanying story:

By the time she aged out of foster care, Jasmine Uqdah had spent nearly half her life in the system. On a summer day in 2008, Uqdah grabbed her duffel bag and two small garbage bags, and she stuffed everything she owned inside.

It wasn’t much — just some clothes and a few stuffed animals. She said her goodbyes to her foster family in Detroit and moved out. She was 18 years old.

“It was pretty scary, to be honest,” she says. “Every 18- and 19-year-old thinks they’re ready, but you’re not. You’re not ready for shutoff notices. You’re not ready for eviction notices. You’re not ready for car repossessions.”

Uqdah was one of the more than 20,000 young people who age out of foster care in the U.S. every year. For most, the outcomes aren’t great. They’re heading out into the world with next to nothing — no family, no money, no support.

Roughly half drop out of high school, and few of those who do make it to college graduate. One study, which was conducted by researchers at the University of Chicago, found that only 2.5 percent of former foster children in the Midwest had graduated from college by age 26.

Some states like Michigan are trying to bring that success rate way up, finding the money and other support needed to give young people like Jasmine Uqdah a fair shot at success.

AND WHILE WE’RE ON THE SUBJECT…

An LA Times editorial urges the LA County Board of Supervisors to regain lost momentum toward implementing foster care reform recommendations (approved last April) and appointing a child welfare czar. (Find the backstory here.) Here’s a clip:

In response to a social worker strike, rather than the blue-ribbon commission report or the urging of the CEO, the board last year allocated funding for additional social workers, which should translate into more manageable caseloads. DCFS adopted a stronger training program. These are positive steps. But the county also needs someone to focus the attention of numerous government agencies on child protection without running afoul of the board.

In the end, if the supervisors are to protect children from abuse and neglect, they must also grapple with the more prosaic issue of how to successfully run a bureaucracy.

Attempts at plea bargains with Gabriel Fernandez’s mother and her boyfriend have so far failed, and the two defendants could very well go to trial this year. The supervisors would be wise to remember the young victim’s plight now, and ensure that the reform efforts are well underway when the news stories once again focus on the horrors that the young boy endured and the county’s failure to protect him.

Posted in ACLU, DCFS, Foster Care, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD | 26 Comments »

In Landmark Settlement, LA County Supervisors & Sheriff Agree to Outside Monitoring of Jails…and More

December 17th, 2014 by Celeste Fremon


In a closed session on Tuesday, the Los Angeles County Board of Supervisors
approved a far reaching legal settlement that means the behavior of LA County Sheriff’s deputies and others working inside the LA County jails is now subject to monitoring by a trio of outside experts.

The agreement is the result of a federal class action lawsuit known as Rosas v. Baca that was filed in early January 1012 by the ACLU of Southern California, the nationwide ACLU, and the law firm of Paul Hastings. The lawsuit alleged that Los Angeles County Sheriff Lee Baca and his top staff condoned a long-standing and widespread pattern of violence and abuse by deputies against those detained in the county’s jails. The suit was brought in the name of Alex Rosas and Jonathan Goodwin who, according to the complaint, “were savagely beaten and threatened with violence by deputies of the Los Angeles County Sheriff’s Department.” Rosas and Goodwin were only two of the dozens of inmates whose reported abuse was described in the complaint.

According to So Cal ACLU legal director, Peter Eliasberg, the 15-page settlement that has resulted from the lawsuit provides a detailed roadmap to reform department policies and practices on use of force.

What is significant about this roadmap, is that it is not merely a series of suggestions. The settlement’s benchmarks are mandatory and the department’s efforts to reach them will be monitored the three outside experts. If the LASD is not hitting those benchmarks in a timely fashion, the department can be held in contempt. In other words, the settlement has an enforcement mechanism. It has teeth—which means it will operate in many ways like a consent decree.

“I think the department has made progress,” said Eliasberg. “But this settlement provides a significant next step.”

Sheriff Jim McDonnell evidently thinks so too.

In keeping with the moves toward reform he has already made in his first half-month in office, McDonnell said in a statement that he welcomed the new “roadmap.”

“I fully support the settlement. This solidifies many of the reforms already underway by the Department as a result of the Citizen’s Commission on Jail Violence. I welcome the opportunity to work together with the designated experts, the court and others to implement these changes.

“We have made tremendous progress and will continue to improve and work hard in key areas….”

Among the significant marks that the settlement requires the department to hit is the creation of a stand alone use of force policy for custody.

“There are gaps in the current use of force policy,” said Eliasberg, “which this fills in.”

In addition, the settlement requires improved tracking of the use of force incidents, and the use of that tracking to ID problematic officers. It also dictates more robust training in custody issues for those working the jails.

“Ideally, it’s a tool for the sheriff to use,” said Eliasberg.

Indeed, Bill Bratton made good use of the federal consent decree that had come into existence before he became chief. When needed, it became the bad cop to his good cop.

The settlement could also be very useful to the soon-to-be civilian commission, according to Eliasberg, since—as it stands now—the commission will have no legal power of its own.


You can find the actual settlement here: Final Implementation Plan (Rev 12122014 )

The three experts who will monitor the settlement’s implementation are: Richard Drooyan, the legal director for the Citizens Commission on Jail Violence, Jeffrey A. Schwartz, a nationally known law enforcement and corrections consultant, and Robert P. Houston, a corrections expert who previously headed up the Nebraska state prison system.


WILL THE ACLU SETTLEMENT REALLY HELP END DEPUTY VIOLENCE AGAINST JAIL INMATES?

On the topic of the Rosas settlement, a Wednesday LA times editorial notes, the problems that the settlement aims to fix are not new ones. And they will require a very different attitude at the top levels of the sheriff’s department as a whole if they are to be realized. This enlightened attitude must belong to, not just new sheriff McDonnell, but the layers of leadership below him. Here’s a clip:

The culture of deputy violence against inmates — a culture that too often has disregarded the rights and humanity of inmates — is inextricably linked to failures in the operation, management and oversight of the Sheriff’s Department and to the inadequacy of the jail facilities. Ensuring that change in the jails is positive and permanent requires strengthening civilian oversight of the Sheriff’s Department, demolishing and replacing Men’s Central Jail, diverting the mentally ill to treatment when their conditions require care rather than lockup, taking other steps to responsibly reduce the inmate population, and providing the department with adequate resources to operate properly.

In total, the agreements are reminiscent of the LAPD consent decree. But they lack the coherence of the LAPD consent decree, with its single set of mandates, single judge and single monitoring team. It is by no means a foregone conclusion that, singly or collectively, the decrees, settlements and recommendations will enable the Sheriff’s Department to make the turnaround it needs.

The challenge for the county, and especially for McDonnell, is to respond with a remediation program that coherently weaves together the various mandates and monitoring schemes, and to do it in a way that allows the Sheriff’s Department to finally emerge from decades of substandard jailing. It will require continuing focus by the sheriff, the Board of Supervisors and the public to ensure that the problems in the jails do not fester for another 40 years.

Yep.



AND IN OTHER NEWS…

WHY SO MANY JUDGES HATE MANDATORY MINIMUM DRUG SENTENCING LAWS

Many of the most ardent opponents of the mandatory minimum drug laws that came into being with a vengeance in the 1980s are the judges who administer them.

NPR’s Carrie Johnson and Marisa Peñaloza have the story. Here’s a clip:

It seems long ago now, but in the 1960s, ’70s and ’80s, murders and robberies exploded as cocaine and other illegal drugs ravaged American cities.

Then came June 19, 1986, when the overdose of a college athlete sent the nation into shock just days after the NBA draft. Basketball star Len Bias could have been anybody’s brother or son.

Congress swiftly responded by passing tough mandatory sentences for drug crimes. Those sentences, still in place, pack federal prisons to this day. More than half of the 219,000 federal prisoners are serving time for drug offenses.

“This was a different time in our history,” remembers U.S. District Judge John Gleeson. “Crime rates were way up, there was a lot of violence that was perceived to be associated with crack at the time. People in Congress meant well. I don’t mean to suggest otherwise. But it just turns out that policy is wrong. It was wrong at the time.”

From his chambers in Brooklyn, a short walk from the soaring bridge, Gleeson has become one of the fiercest critics of mandatory minimum sentences for drug crimes.

“Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix,” he says. “That’s a bad thing for our system.”

The rail-thin Gleeson made his name as a prosecutor. He’s a law-and-order man who had no problem sending mobster John Gotti to prison for life. But those long mandatory sentences in many drug cases weigh on Gleeson.

Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix. That’s a bad thing for our system.

The judge sprinkles his opinions with personal details about the people the law still forces him to lock up for years. In one case, he points out, the only experience a small-time drug defendant had with violence was as a victim.


ONE “LIFER” SENTENCED UNDER THE 1980′S DRUG LAWS COMES HOME

NPR’s Johnson and Peñaloza further illustrate the issue of mandatory minimums with the story of Stephanie George who, at 26, never sold drugs but had bad taste in boyfriends and agreed to store drugs for her guy.

Here’s a clip:

When she went to prison on drug charges, Stephanie George was 26 years old, a mother to three young kids.

Over 17 years behind bars, her grandparents died. Her father died. But the worst came just months before her release.

“I lost my baby son,” George says, referring to 19-year-old Will, shot dead on a Pensacola, Fla., street.

“I feel bad because I’m not coming home to all of them, you know,” sobs George, now 44. “He was 4 when I left, but I miss him.”

She’s one of thousands of nonviolent drug offenders sentenced under tough laws that called for decades — if not life — in prison.

Police found half a kilo of cocaine (about 1 pound) and more than $10,000 in her attic. With two small-time prior drug offenses, that meant life.

Congress designed those mandatory minimum sentences for kingpins. But over the past 20 years, they’ve punished thousands of low-level couriers and girlfriends like George.

Judge Roger Vinson sentenced her on May 5, 1997. During a recent visit to his sunny Florida chambers, the judge read from the court transcript.

“Even though you have been involved in drugs and drug dealing, your role has basically been as a girlfriend and bag holder and money holder but not actively involved in the drug dealing,” Vinson said. “So certainly in my judgment it does not warrant a life sentence.”

Vinson is no softie. He’s got a framed photo of President Ronald Reagan on his wall, and he thinks George was guilty. But the mandatory sentence didn’t feel fair to the judge.

“I remember sentencing Stephanie George. She was a co-defendant in that case but … I remember hers distinctly. I remember a lot of sentencings from 25 or 30 years ago. They stay in your mind. I mean, you’re dealing with lives,” the judge says, tearing up.

Vinson says his hands were tied in 1997. The president of the United States is the only person who can untie them. Last December, in this case, President Obama did just that. He commuted George’s sentence and paved the way for her release a few months later.

Dressed in all white, George walked straight into the arms of her sister, Wendy. She’s the person who refused to give up on her, then or now.

“Life sentence was not what I was going to accept,” Wendy says. “I would call lawyers and I’d ask, ‘Well, what does this sentence mean?’ and all of them would tell me the same thing, she would be there until she dies, and I said, ‘No, uh-uh.’ ”

Posted in ACLU, Board of Supervisors, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Sentencing | 6 Comments »

Did Board of Supes Violate the Brown Act with $2 Billion Jail Vote?…WLA on KCRW’s WWLA? Monday Nite…and About That Rolling Stone UVA Rape Reporting Debacle

December 8th, 2014 by Celeste Fremon


SO CAL ACLU SEZ SUPES VIOLATED THE LAW WITH $2 BILLION JAIL PLAN VOTE

According to Peter Eliasberg, the legal director for the ACLU of Southern California, the LA County Board of Supervisors violated the Brown Act last May when they voted to go ahead with a costly plan to replace Men’s Central Jail.

The problem, according to Eliasberg and his fellow ACLU attorneys, is that although the board listed on its agenda for the May 6, 2014 meeting in question that it would be discussing various possible pricey plans for rebuilding MCJ (along with a women’s prison at Miraloma) that had been submitted to the board by Vanir Construction Management, there was no specific listing nor any motion in the agenda that indicated the board might actually vote on whether or not to go ahead with one of the plans at the upcoming meeting, and all that such a go-ahead would entail.

But vote they did.

During the meeting, Supervisors Mike Antonovich and Gloria Molina—both of whom had been pushing for a robust jail rebuild and expansion—read a motion into the minutes calling for a vote to proceed with one of Vanir’s five plan options. The vote was taken and passed 3-1. (Zev Yaroslavsky voted against going ahead, and Mark Ridley-Thomas abstained.)

Now it turns out that the non-agenda-ized vote may have been a no-no.


SO WHAT IS THE BROWN ACT ANYWAY?

In case you’re unfamiliar with the statute, the Ralph M. Brown Act was passed in 1953 by the California state legislature (and authored by Assemblymember Ralph M. Brown) to guarantee the public’s right to attend and participate in meetings of local legislative bodies. The Brown Act, which has expanded in length over the years due to various amendments, governs certain ways that such meetings must be conducted in order to secure public participation.

One whole section of the Brown Act has to do with requirements surrounding meeting agendas—when they must be posted and what must be on them. To wit:

At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.

Then in another section specifies:

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights.

The motion for the vote was not on the agenda.

There are exceptions to the agenda rule, as in cases of emergency and the like. But the jail plan vote doesn’t appear to qualify for any of those exceptions.

On Tuesday of last week, the ACLU sent a letter to District Attorney Jackie Lacey’s office asking Lacey to look into the matter. The letter—obtained by WLA—opens this way:

Please investigate whether the Los Angeles County Board of Supervisors violated the Brown Act at its May 6, 2014 meeting when Supervisor Antonovich and former Supervisor Molina read into the agenda a joint motion calling for the Board to “adopt” one of five jail plan options presented by Vanir Construction Management, Inc in its Los Angeles County Jail Plan – Phase 2. The Board voted and adopted the motion by a vote of 3-1, with Supervisor Ridley- Thomas abstaining. The written agenda for the meeting did not provide for the Board’s voting on any of the options; it provided for only a discussion on the five options by Vanir. …we believe that the vote on the oral motion was a clear violation of the Brown Act. If you agree, we request you take all appropriate action….

Lacey’s office—which has acted previously on Brown Act allegations—has yet to reply but, if the past is any guide, the DA’s office will take a while before deciding what if any action to take.


IS A POSSIBLE ILLEGALITY AN OPPORTUNITY?

The issue is a timely one because, if the vote to approve that multi-billion dollar jail plan was taken today, it would likely have a different outcome. Gloria Molina’s successor, Hilda Solis, talked last Monday at her swearing-in about the “incarceration-industrial complex that will sink our economy as well as our society if we allow it to.”

Kuehl went even further, expressing in an interview, according to the LA Times, that she wanted to revisit the costly jail plan vote altogether.

That same day, newly sworn-in Sheriff Jim McDonnell said that, while he believed Men’s Central Jail needed to be replaced, he thought the size of the replacement plan might need to be “recalibrated” in that 20 percent of the inmates in LA County’s jail facilities are mentally ill. Thus, if the diversion programs that he and Jackie Lacey favor are put into place, fewer total beds would likely be needed in the county’s facilities

Eliasberg pointed out that the ultra-expensive Vanir plan put into motion in May not only failed to include the population drop in the jails that diversion programs for the mentally ill would surely produce, but also failed to take into account “the substantial downward effect Proposition 47 will have on the jail population.”

In addition, it neglected to factor into its jail population math such programs as a greater use in LA County of split sentencing (now required by the state) and the institution of strategies like risk-based pretrial release, that could lower the need for jail beds still further.

“In other words,” said Eliasberg, “the [existing jail building] plan is both flawed in concept and was adopted in an illegal manner. The new Board members have an opportunity to rectify these mistakes.”

Let us hope so.



WITNESSLA ON WHICH WAY LA? WITH WARREN OLNEY TALKING ABOUT CIVILIAN OVERSIGHT FOR THE SHERIFF’S DEPARTMENT…AND ALL THAT JAZZ

I’ll be on Which Way LA? with Warren Olney Monday night at 7 pm on KCRW 89.9. We’ll be talking about the likelihood of civilian oversight for the Los Angeles County Sheriff’s Department and similar topics.

You can listen in realtime here.

If you missed realtime, you can listen to the podcast here.



AND IN OTHER NEWS…..REPORTING ON RAPE: A NECESSARY LEVEL OF JOURNALISTIC DUE DILIGENCE DOES NOT EQUAL INSENSITIVITY

The New Yorker’s Margaret Talbot has a level-headed, no nonsense take regarding the reporting debacle that erupted last friday when Rolling Stone magazine suddenly backpedaled madly regarding an explosive article they ran last month about an alleged brutal gang rape at a University of Virginia fraternity house, based on extensive, highly emotion-generating interviews with a student identified only as “Jackie.”

Talbot describes the situation, the subsequent storm of reactions that ignited among other journalists and activists, and what we can take away from the whole sad mess.

Here are some clips from her essay:

…..It now appears that key details of the story, reported by Sabrina Rubin Erdely, may not be true. Other journalists—notably, my friend Hanna Rosin and Allison Benedikt, at Slate, and Paul Farhi, Erik Wemple, and T. Rees Shapiro, at The Washington Post—raised doubts about the reporting late last month, but Rolling Stone dismissed them. Then, on Friday, the magazine issued a statement saying, “In the face of new information reported by the Washington Post and other news outlets, there now appear to be discrepancies in Jackie’s account.” (An earlier version of the statement had emphasized the magazine’s trust in Jackie, and regretted that it had been “misplaced”—wording that seemed to settle too much responsibility for the story’s shortcomings on Jackie and not enough on the reporter or her editors.) Rolling Stone’s statement did not enumerate the discrepancies, but the Post did.

….According to Erdely’s story, Jackie was asked on a date, in September, 2012, by “Drew,” a lifeguard she worked with at the campus aquatic center. Drew brought her back to the Phi Kappa Psi house and invited her to an upstairs bedroom. There, she was shoved to the floor, fell through a glass table, and, while lying on shards of glass, was raped by seven men. Drew egged them on in what, horribly, seemed to be some sort of hazing ritual for new pledges. When Jackie stumbled out of the fraternity hours later, dazed and bleeding, and found her friends, they convinced her not to report what had happened to the police or campus authorities, because they were worried that it would jeopardize her social standing and theirs.

When the Post contacted the friends last week, they said the account of the attack she gave them that night differed from the version in Rolling Stone. Jackie had not appeared to be physically injured, when they saw her late that night, they said, and she told them she’d been at a fraternity party where she had been forced to have oral sex with multiple men. They offered to get her help, but she declined. While she may have given Erdely a fuller and more accurate description of the events—perhaps she was too shaken that night to tell the friends more—the discrepancies seem to be troubling her friends.

The Post also tracked down the man called “Drew” in the article, whom Jackie identified for the first time this week, and he said he had never met Jackie or taken her on a date. He could be lying, of course, but at the least, his account raises questions about Rolling Stone’s. He also was not a member of Phi Kappa Psi. The fraternity chapter issued a statement last week that said it would continue to coöperate with a police investigation into the charges, but had found no evidence for them. “Moreover, no ritualized sexual assault is part of our pledging or initiating process. This notion is vile, and we vehemently refute this claim.”

One of Jackie’s friends, “Andy,” whom the Rolling Stone article described as having advised her not to report what happened to her, told the Post he never spoke to a reporter from the magazine. (The original article leaves ambiguous whether Erdely confirmed this part of the story with anyone other than Jackie.) Andy said, “The perception that I’m gravitating toward is that something happened that night and it’s gotten lost in different iterations of the stories that have been told. Is there a possibility nothing happened? Sure. I think the truth probably lies somewhere in the middle.”

[SNIP]

Neither “Drew,” the central figure the Post tracked down, nor any of the other men at the fraternity party appear in the article outside of Jackie’s recollections of them. We don’t read about them denying the charge, or unwillingly lending support to it, or complicating or corroborating or casting doubt on Jackie’s account in any of the ways they might have. That makes for a remarkably weak piece of journalism, and an enormously frustrating situation. If this story does turn out to be largely false, it will do real damage to the important new movement to crack down on sexual assault on college campuses. “One of my biggest fears with these inconsistencies emerging is that people will be unwilling to believe survivors in the future,” Alex Pinkleton, a friend of Jackie’s who survived a rape and a rape attempt at U.V.A., said to the Post. “However, we need to remember that the majority of survivors who are coming forward are telling the truth.” She went on, saying, “While the details of this one case may have been misreported, this does not erase the somber truth this article brought to light: rape is far more prevalent than we realize, and it is often misunderstood and mishandled by peers, institutions, and society at large.” She’s exactly right.

When Hanna Rosin interviewed her on Slate’s DoubleX podcast, she asked Erdely several times about whether she attempted to contact the accused men, and this is what Erdely told her:

I reached out to them in multiple ways. They were kind of hard to get in touch with because [the fraternity’s] contact page was pretty outdated. But I wound up speaking … I wound up getting in touch with their local president, who sent me an e-mail, and then I talked with their sort of, their national guy, who’s kind of their national crisis manager. They were both helpful in their own way, I guess.

That isn’t exactly journalistic due diligence in a case where such extreme allegations are being made. As a journalist, it’s hard to talk to sources who may contradict a vulnerable person with whom you empathize, and in whom you have invested your trust. I hate that part of reporting, and would skip it if I could—but you can’t.

[SNIP]

…“Believe the Victims” makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.

For additional backstory on the matter, read the story by the Washington Post’s T. Reese Shapiro, which originally questioned the Rolling Stone reporting.

Posted in ACLU, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Rape | 1 Comment »

Part 3: “Drugging Our Kids,” Kindergarteners Carry Stresses to School, Lawsuit on Behalf of Disabled LA Jail Inmates Settled…and More

November 24th, 2014 by Taylor Walker

“DRUGGING OUR KIDS” PART 3: A SWEET DEAL BETWEEN FOSTER CARE PRESCRIBING DOCS & PHARMACEUTICAL COMPANIES

In August and September we linked to parts one and two of Karen de Sá’s invaluable investigative series for the San Jose Mercury on the widespread and unchecked use of psychotropic prescription drugs to medicate California’s foster kids. (links)

In part three of the powerful series, de Sá exposes pharmaceutical companies’ major targeting of doctors who treat kids in foster care, who are covered under Medi-Cal. On average, these foster care prescribing doctors are rewarded—with money for travel, meals, profitable speaking gigs, and research trials—more than double what regular California doctors receive in payouts from drugmakers. In fact, between 2010 and 2013, pharmaceutical companies gave $14 million in payouts to doctors who prescribe to kids in foster care. And doctors who wrote more than 75 prescriptions for foster kids per year received four times as many payouts than the lower-prescribing doctors.

Here’s a clip from the findings:

Foster care prescribers reap nearly 2½ times more than the typical California doctor: From 2010 to 2013, almost 30 percent of all California doctors — and about 35 percent of foster care prescribers — received at least $100 from drug companies. But while the California doctors in that group received an average of $10,800 apiece over the four-year period, foster care prescribers typically received far more, nearly $25,000 each

Frequent prescribers are generally rewarded the most: Doctors who wrote more than 75 prescriptions to foster children in a year received more drug company payments than those who wrote fewer. While the margin fluctuated from year to year, on average the higher prescribers in the most recent fiscal year collected almost four times — or about $10,000 more — than the lower prescribers in 2013.

The bulk of the payments fund drug company-sponsored research: The 17 drugmakers who reported payments steered more than $11.3 million in research funds to doctors who prescribe psychotropic drugs to the state’s foster kids, with Eli Lilly — maker of the antipsychotic drug Zyprexa — leading the pack by spending $6 million.

The companies kept some of their big researchers busy in other ways: Six of the doctors who earned among the largest research grants also tallied a cumulative total of almost $400,000 in speaking and consulting fees and another $45,000 in travel and meals.

We really hope de Sá’s editors put this excellent series up for prizes when the time comes.


KINDERGARTNERS IN HIGH-VIOLENCE COMMUNITIES BRING STRESSES OF FAMILY AND NEIGHBORHOODS INTO THE CLASSROOM

in an op-ed for the LA Times, Judy Belk, president and CEO of the California Wellness Foundation, tells of her daughter Casey’s experience teaching a kindergarten class in a St. Louis school not too far from Ferguson, MO.

Belk noted that many parents really strive to give their kids what they need, but often found the challenges stacked against them are overwhelming.

Here’s a clip:

Casey quickly figured out that schools are not closed systems. When a family is dysfunctional or broken, the problems follow the student into the classroom. Her principal waited with a student for hours to be picked up by a parent who never appeared. Finally, at 8:30 p.m., the principal had to turn the child over to child protective services.

Still, Casey has been impressed at how, with limited resources and parenting skills, and brutal work schedules, the parents try their best to provide for their children. She also sees a large number of involved, caring fathers countering the stereotype of the absent black male.

But the families and the school struggle to make everything work in one of the city’s most crime-ridden neighborhoods. Shortly after school started, there was a drive-by shooting at a convenience store directly across the street from the school. Classes had just been dismissed, and several of Casey’s students were in the store as bullets flew, though none was wounded.

Casey’s text messages are discordant. One day she sends cute pictures of her kids in Halloween costumes; the next she alerts me that the school is on lockdown because of nearby gunfire. Recently, after yet another shooting, her principal canceled all outdoor recess. And now, in anticipation of a violent response to the upcoming Ferguson grand jury announcement, emergency supplies have been delivered to the school in case it becomes too dangerous for students or teachers to leave the building for a day or so.

But I’m trying hard to stay calm and take my guidance from Casey. She says she’s not scared — just angry that her kids have to live under these conditions. She intends to stay at least until the end of her two-year commitment. And after that? She’s already thinking about what more she can do: “I thought by teaching kindergarten, it would be early enough to make a difference, but … we’ve got to intervene earlier, focus in on parenting.”


LA COUNTY SETTLES COSTLY, SIX-YEAR LAWSUIT ALLEGING MISTREATMENT OF INMATES IN WHEELCHAIRS

A lawsuit challenging alleged mistreatment and appalling living conditions for inmates in wheelchairs within Men’s Central Jail has finally been settled after a six-year-long fight from the county.

Some of the changes required by the settlement have already been implemented. Wheelchair accessible toilets and showers are now in two wings of the jail, for instance. The settlement also calls for work and education opportunities for inmates with ambulatory disabilities, as well as working wheelchairs. In addition, the settlement will pay $2.2 million in attorneys fees.

The LA Times’ Cindy Chang has the story. Here’s a clip:

Two wings of the Twin Towers jail have already been fitted with wheelchair-accessible toilets and showers, as required by the settlement. The county jail system now employs an Americans with Disabilities Act coordinator, and inmates may appeal to the jail’s chief physician if they are denied the use of a wheelchair or walker.

The Sheriff’s Department’s new inspector general will monitor the agreement for three years.

One of the plaintiffs’ attorneys, Jessica Price of the American Civil Liberties Union of Southern California, said conditions have improved recently. But she questioned why the county fought the lawsuit when the jails clearly were not providing for disabled inmates’ basic needs.

“There was no rational basis for the county to dispute the fact that there were bathrooms that wheelchairs could not access,” Price said. “That was not a factual question, yet the litigation went on for six years.”

We had that same question, too.


RECENTLY RELEASED FROM PRISON AND STRUGGLING TO GET BY ON THE OUTSIDE

As part of KQED’S Vital Signs series, Aus Jarrar, who was recently released from prison, and now interns at a service center for former inmates, shares his story. Because Jarrar is ineligible for food stamps, he struggles to eat—missing the hours the food bank is open—in order to maintain his internship toward a drug and alcohol counseling accreditation.

Here’s how his story opens:

Walking by that restaurant back there, I smelled some barbecue. Somebody’s really cooking. You know the funny thing? Since I got out, I’ve been really full maybe three times.

It was a shock to me the morning I woke up out here that my breakfast wasn’t ready. I was in prison for a total of 11 years. I took breakfast for granted.

I’m Palestinian. I’m not a citizen so I don’t qualify for food stamps.

The prison system, they give us $200 to leave with. I had no clothes, and I have no food. So I had to make the choice: do I want look professional, so I can get a job? Or do I want to eat?

Posted in ACLU, Foster Care, LA County Jail, Trauma, Youth at Risk | No Comments »

Prop. 47, the Releases Have Begun….McDonnell Makes Plans…. How Elections Affect LA….Monday’s American Justice Summit Live Streams

November 10th, 2014 by Celeste Fremon



In the days since California voters passed Prop. 47 by a healthy margin
, real world responses to the initiative’s victory have been swift. For instance, Kristina Davis of the San Diego Union-Tribune writes that in San Diego County, teenagers were released from juvenile hall the day after voting day, while the SD Public Attorney’s Office was getting 200 calls an hour from inmates in the county’s jail hoping for reduced sentences.

In the Bay area, judges did not even wait for election results to be certified before resentencing inmates and reducing charges write Matthias Gafni and David DeBolt in the San Jose Mercury News.

And in Santa Rosa County one lawbreaker was very, very cheery when he showed up in court on November 5, according to the Press Democrat’s Paul Payne.

Here’s a clip:

When Judge Lawrence Ornell took a seat in his Santa Rosa courtroom the morning after Election Day, a man with an “I voted” sticker on his lapel walked up to the bench, beaming.

Ornell noticed the man’s sunny disposition then looked down at the charge. It was possession of cocaine, an offense that a day earlier was a felony but with the passage of Proposition 47 by California voters had been reduced to a misdemeanor.

His chances of receiving a stiff punishment vanished overnight.

“He was smiling ear to ear,” Ornell said Thursday, recounting the man’s good fortune. “He was a happy man.”

The scene is playing out frequently these days as courts, prosecutors and police grapple with a new reality intended to cut prison crowding and save hundreds of millions of dollars for rehabilitation.

Proposition 47 reclassifies nonviolent offenses that used to be felonies — including many property crimes valued at $950 or less, grand theft, forgery, shoplifting and simple drug possession — and reduces them to misdemeanors carrying lighter punishments.

Some estimate a third of all felonies, many drug-related, will be downgraded to lesser crimes, creating a domino effect that will keep petty criminals out of custody and free some who are already behind bars.

Statewide, as many as 40,000 people a year could be affected, the Legislative Analyst’s Office said.

State prison officials estimate 4,770 inmates would be eligible to petition the court for resentencing and possible release. Nineteen are from Sonoma County, local prosecutors said, and the Sheriff’s Office has identified 209 of its 1,200 jail inmates for possible consideration.

All would go before a judge who would review the details of their offenses and their records. Those previously convicted of violent or serious crimes would not qualify, Assistant Sheriff Randall Walker said.


SHERIFF-ELECT JIM MCDONNELL WILL GATHER INFO BEFORE STAFFING & FOCUS FIRST ON LA COUNTY JAILS

Soon-to-be LA County Sheriff Jim McDonnell was still in a post-election daze, with zillions of requests for meetings, interviews, and call-backs piling up, when LA Daily News reporter Rick Orlov talked to him about his plans.

Here’s a clip:

“I am not looking at any big transition team,” said McDonnell, who spent the bulk of his career at the Los Angeles Police Department, where he was second-in-command, and served as a chief of police in Long Beach since 2010. “I will reach out to different experts, but I want to talk to the people in the department and see the talent that is there.”

His first priority in rebuilding confidence in the troubled department, McDonnell said, will be a review of the county jail system to determine what changes have been made since the release of a critical report by the Citizens Commission on Jail Violence, of which he was a member. Its jail system — the largest in the world — holds an average of 18,000 to 20,000 inmates a day, about 17 percent of whom are believed to have mental illnesses.

“I want to see what has been done and what can be done as quickly as possible,” McDonnell said. “It is our top priority.”

But before he does that, there is a long-delayed trip to Boston to see his 88-year-old mother and celebrate with his family back there.

“I’ll be there four days, but there is not a lot of time left before I take office,” McDonnell said. “I have just a few weeks before I take office on Dec. 1.”


NATIONAL ELECTIONS WON’T PARTICULARLY AFFECT SO CAL BUT STATE ELECTIONS WILL, WRITES LA TIMES JIM NEWTON

LA Times columnist Jim Newton lists those of last Tuesday’s races most likely to affect the actual lives of So Cal voters—most particularly the election of Jim McDonnell as LA County’s new sheriff, the passage of Jerry Brown’s water bond, and the victory of Sheila Kuehl in the LA County Supervisor’s race. Here’re are some clips:

The Sheriff’s Department has struggled for decades, resisting attempts to reduce violence in jails and impose meaningful civilian oversight. Sheriff Lee Baca often seemed overwhelmed by the task, and Baca’s former top deputy, Paul Tanaka, who ran against McDonnell in last week’s election, was widely seen as an impediment to reform.

McDonnell, by contrast, has pledged to move ahead with efforts to constrain excessive force and to lead the agency into a more sophisticated relationship with the public and county government. And he has the right credentials to make that happen. Most recently, McDonnell headed the Long Beach Police Department. Before that, at the LAPD, McDonnell helped lead the department to a new kind of policing that embraced community engagement, and he did it at a time when that department was trying to reconstruct trust after years of controversy — as the Sheriff’s Department is today.

It won’t be easy, but McDonnell has a chance to make real progress.

[BIG SNIP]

Most of the post-election commentary on Kuehl’s victory has focused on whether she can hold the line on county worker pay hikes, given the backing that public employee unions gave her. That’s a fair question, though Kuehl is famously stubborn and a little bit prickly, so I wouldn’t envy the person trying to call in a chit with her.

To me, the more intriguing aspect of her victory is what it might mean for one of the county’s gravest responsibilities: the operation of its foster care system, which cares for children who have been the victims of abuse or neglect and which has seen too much tragedy. This is an area that Kuehl knows and cares about.

Kuehl, whose sister is a judge in the Sacramento foster care system, speaks movingly of her determination to help young people. And as a state legislator, she wrote a slew of bills intended to protect children in the system.

Now she’s about to join a board that oversees the largest child welfare system in the nation, one that is responsible for more than 30,000 children at any given time.


DAILY BEAST’S TINA BROWN HOSTS AMERICAN JUSTICE SUMMIT LIVE STREAMING ON MONDAY

Tina Brown Live Media is co-hosting what is being called The American Justice Summit, which will live stream on Monday from 1:30 p.m. to 6:30 p.m. Eastern, featuring the likes of John Jay College president Jeremy Travis, Orange is the New Black author Piper Kerman, New Yorker legal analyst Jeffrey Toobin, Equal Justice Initiative founder and author of Just Mercy, Bryan Stevenson, Right on Crime’s Grover Norquist, and many, many more.

I’ve you’ve got an interest in criminal justice issues, it’ll likely be worth your while to tune in to this event.

Posted in 2014 election, ACLU, jail, Jim McDonnell, LA County Jail, LASD, race, racial justice, Sentencing | 36 Comments »

Recommended Reading: Post-election News Roundup

November 6th, 2014 by Taylor Walker

NEW LA COUNTY SHERIFF: JIM MCDONNELL TAKES OVER THE REINS

Newly elected Los Angeles County Sheriff Jim McDonnell secured 75% of the vote, effectively trouncing former undersheriff Paul Tanaka. (If you missed it, WitnessLA’s editor, Celeste Fremon, reported from McDonnell’s camp on election night.)

Of McDonnell’s decisive win, Hector Villagra, executive director of the ACLU of Southern California, said, “Today Los Angeles County residents made history. They elected an outsider to lead the Los Angeles County Sheriff’s Department. Their vote is nothing short of a mandate for reforming the department. We look forward to working with Sheriff McDonnell to bring about the much needed changes that voters deserve and that justice requires.”

On KPCC’s Take Two, McDonnell discusses his victory, coming into the department as an outsider, and the future of Men’s Central Jail and mental health diversion.

Here’s a clip from the transcript, but take a listen for yourself:

Your predecessor Sheriff Lee Baca left under a cloud of controversy. There were charges of corruption and violence in the jails, allegations by the DOJ that mentally ill were being housed in inhumane conditions. Some policies have been put in place to deal with this, but what do you think still needs to be done?

I think it’s a work in progress. The DOJ is looking closely at it. A lot has been done since the jail commission’s report with 63 recommendations for change. Many of those have been implemented and others are in process. Moving forward, infrastructure is one issue. Mens Central Jail needs to be replaced. But also the philosophy within the jail environment. We also talked about a two-track system where deputies aren’t sent from the academy directly into the jails for the next seven years, and then on the streets until they are promoted back in or get in trouble and go back into the jail. It was for too many years treated as a dumping ground for the organization, and it’s one of the most high-liability areas of the department, and to treat it that way, if we were a business, we’d be in trouble.

What would you most like to see a new Mens Central Jail facility have?

I’d like to see a secure facility that is state of the art. It also provides for treatment of inmates who are mentally ill, but before we even deal with that issue be able to have some screening on the front end where we don’t use incarceration as the first option for those who are mentally ill and have offended based on that illness. But have community-based mental health clinics and courts that would screen an individual and provide the appropriate treatment rather than just incarceration as the only option.


MOVING FORWARD WITH PROP 47

Proposition 47—the reclassification of certain low-level drug and property offenses from felonies to misdemeanors—passed on Tuesday with 58.5% of the vote.

Prosecutors, law enforcement, and advocates are already rushing to adapt to the changes. The LA City Attorney’s Office is looking to hire 15 new attorneys and staff to help manage the coming flow of downgraded misdemeanor cases, while social workers and drug courts are working to sort out what 47 means for substance abuse treatment.

The LA Times’ Paige St. John and Marisa Gerber have the story. Here’s how it opens:

Los Angeles County Public Defender Ron Brown walked into a Pomona court Wednesday and saw first-hand the impact of Proposition 47 — the voter-approved initiative that reduces penalties for drug possession and other nonviolent crimes.

His office had deliberately postponed sentencing for a defendant facing more than a year behind bars for possessing heroin and methamphetamine to the day after Tuesday’s election, waiting to see what voters would do.

The gambit worked. The man was sentenced and released from custody with no further jail time.

“They were felonies yesterday. They’re misdemeanors today,” Brown said. “This is the law now.”

The day after California voted to reduce punishments, police agencies, defense attorneys, prosecutors and even some advocates were scrambling to figure out exactly how it was going to work.

The greatest effect, experts said, would be in drug possession cases, noting that California is now the first state in the nation to downgrade those cases from felonies to misdemeanors. Thousands of felons are now eligible for immediate release from prisons and jails.

City attorneys accustomed to handling traffic tickets and zoning violations are now responsible for prosecuting crimes that used to be felonies, including forgeries, theft and shoplifting. District attorneys who used to threaten drug offenders with felony convictions to force them into rehabilitation programs no longer have that as an option. Social workers said they worried that offenders who voluntarily seek treatment will have trouble finding services.

“It’s going to take a little while to figure out,” said Molly Rysman, who operates a housing program for the destitute who sleep on sidewalks in L.A.’s skid row. She is glad that drug users now face only brief stays in jail, if any time at all, but said options for someplace else to go in L.A. are “dismal.” Rysman said caseworkers now spend weeks trying to find an opening for clients who need a detox bed or room in a treatment program.

U.C. Berkeley criminologist Barry Krisberg says California’s passage of Prop 47 has the makings of a new national trend.

The Yes campaign brought together a wide assortment of interest groups that had not agreed about criminal justice policy in the past. Recent campaigns to challenge capital punishment and to reform the three-strike law helped forge a broad coalition of some victims’ rights groups along with powerful allies such as organized labor, the California Teachers Association, the California Nurses Association and state Democratic Party.

​The most visible advocates for Prop 47 were San Francisco district attorney George Gascón, Santa Clara district attorney Jeff Rosen and former San Diego Police Chief William Landsdowne. These respected law enforcement officials viewed California’s mass incarceration policies as fiscally unsustainable and harmful to low income communities.

Even prominent national conservative figures like Newt Gingrich and Rand Paul announced their support for Proposition 47, arguing that current sentencing laws waste taxpayers’ dollars and do not curtail drug use. They prefer a focus on locking up violent offenders.

While Senator Dianne Feinstein spoke out against Prop 47, many other state leaders such as Gov. Jerry Brown and Attorney General Kamala Harris remained neutral. One traditionally powerful lobby group, the Corrections Peace Officers Association took no position on Prop 47

It is significant that virtually all the past California governors and attorneys general almost always sided with the tough-on-crime position in ballot initiatives. In the case of Prop 47, their silence was deafening and hampered fundraising for the No camp.

[SNIP]

Public confidence in the state’s prison policies has eroded.

Even the US Supreme Court declared the prisons so crowded and inhumane that it ordered the release some inmates. This dramatic court judgment led Californians to reconsider who should go to prison. Harsh criminal justice laws have been on the books long enough for Californians to be able to weigh the cost and benefit of these measures. The well-publicized failure and financial drain of the so-called “War on Drugs” has created has an environment in which voters are seeking new ideas.

More generally, the popularity of Prop 47 resonates with a growing distrust of government overreach into citizens’ lives and a preference for decision making that is closer to where people live. The demographics of the voting public which is younger, more ethnically diverse, and more highly educated than ever before is also favorable towards more progressive social policies.

If California helped lead the national charge in favor of more tough on crime laws, the state could lead the charge in the opposite direction.

California has traditionally been ahead of national developments, but a good predictor of future political trends. Since California is the largest state in the country, if Prop 47 passes other states may well follow suit. As California goes, so goes the nation.


TOM TORLAKSON KEEPS HIS OFFICE AS CALIFORNIA SCHOOLS SUPERINTENDENT

Incumbent California Superintendent of Public Instruction Tom Torlakson landed a victory for teachers unions, with 52% of the vote, over reform-minded competitor Marshall Tuck. (Backstory: here.)

San Jose Mercury’s Katy Murphy has more on Torlakson’s win. Here are some clips:

“We knew that when Californians look for direction on how to improve education,” Torlakson said in a statement, “they don’t look to Wall Street. They don’t look to Silicon Valley. They look to the people who are in the schools in their neighborhood every day — the teachers, the school employees, the teacher’s aides, the nurses, the counselors.”

The latest tally from the California Secretary of State’s office showed Torlakson winning by about 4 points.

Tuck conceded the race Wednesday morning, releasing a statement that said: “Together we proved that in California there is a growing call for change and that parents, kids and families can have a voice in education.”

[SNIP]

The contest showed a growing rift within the Democratic Party on how to better educate poor and minority students who languish in low-performing schools.

The reform agenda carried by Tuck – and just as passionately resisted by its opponents, including the state’s teachers unions — promotes competition from independently run, taxpayer-funded charter schools and an overhaul of teachers’ pay, evaluation and job protections.

Tuck had vowed to reinvent the state superintendent’s office, turning it from a “mouthpiece for insiders” to a “voice for students and parents.”

Torlakson, the union and Democratic Party favorite, said he would bring stability and continuity as schools recovered from the devastating budget crisis triggered by the Great Recession.

“I think that resonated well in the education community,” said Maria Ott, a former superintendent and an executive in residence at USC’s Rossier School of Education Community.


SHEILA KUEHL WINS 3RD DISTRICT LA COUNTY SUPERVISOR SEAT

Sheila Kuehl beat out Bobby Shriver in a very tight race for outgoing LA County Supervisor Zev Yaroslavsky’s seat.

KPCC’s Frank Stoltze and Alice Walton have more on Kuehl’s win and what it will mean for LA County. Here’s a clip:

“It’s the biggest job I’ll ever have, and it’s a career capper for me,” Kuehl said from her campaign victory party at The Victorian in Santa Monica. “Being one of 80 0r one of 40 is very different than being one of five running something the size of Ohio. It’s a much tougher job.”

Kuehl, 73, will be the first openly gay member of the county board, which controls a $26 billion budget. Final ballots were still being counted into the morning. She won 53 percent of the vote.

Kuehl had campaigned on her experience as a member of the state Legislature. She argued it better prepared her to sit on the county board, which must implement a slew of state laws on health care, welfare and a range of other issues. She said Shriver was ill-prepared for the job.

Posted in 2014 election, ACLU, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Paul Tanaka, Sentencing | 43 Comments »

CA Prisons Halt Race-based Lockdowns, Inequality for San Bernardino Gay and Trans Inmates, LAPD Fires Detective, and LA Jails Use-of-force #s

October 23rd, 2014 by Taylor Walker

CDCR TO STOP LOCKING INMATES DOWN BASED UPON RACE, AND WILL ALLOW EXERCISE DURING LONG LOCKDOWNS

On Wednesday, the California Department of Corrections and Rehabilitation agreed to stop race-determined prisoner lockdowns, settling a 2008 lawsuit on behalf of male inmates.

The settlement says lockdowns will now apply to everyone “in the affected area” after a riot or violent incident, or will be conducted by assessing individual threat. The CDCR also agreed to give outdoor recreation time to inmates in the event of a lockdown lasting more than 14 days.

The LA Times’ Paige St. John has the story. Here’s how it opens:

When a group of prisoners attacked two guards at California’s High Desert State Prison in 2006, the warden declared a full lockdown that confined African Americans in one wing of the prison to their cells, and kept them there for 14 months.

No outdoor exercise. No rehabilitation programs or prison jobs.

This week, California agreed to give up its unique use of race-based punishment as a tool to control violence in its crowded prisons. Corrections chief Jeffrey Beard and lawyers for inmates have settled a six-year-long civil rights lawsuit, filed in 2008, over the High Desert lockdown.

The case was eventually widened to cover all prisoners and lockdown practices that had become common statewide. The agreement now goes to a federal judge for expected approval.


ACLU SUES SAN BERNARDINO FOR CONFINING GAY AND TRANSGENDER PEOPLE, DENYING THEM AVAILABLE PROGRAMS

A new ACLU class action lawsuit filed Wednesday accuses San Bernardino County of refusing gay, bisexual, and transgender inmates education, work and rehabilitation programs to which other inmates have access. According to the suit, GBT inmates at West Valley Detention Center are locked in their cells for 22 hours per day, unable to participate available programs. Jail officials say GBT inmates are segregated for their protection, but the ACLU says there’s no excuse for denying access to programs that may help inmates shave off lockup time or help them prepare for successfully returning to their communities.

Here’s a clip from the ACLU’s site:

The denials of education, work and rehabilitation are particularly galling, as participation in these programs can not only reduce the time they serve, but can also facilitate their integration back into society, reducing recidivism rates and the strain on our already overburdened criminal justice system.

Although in most instances WVDC staff have claimed that this harsh treatment is for their “protection,” protective custody and equal protection are not mutually exclusive. Jails and prisons cannot justify discriminatory treatment of LGBT prisoners under the guise of keeping them “safe.”

While there can be no doubt that LGBT prisoners are often vulnerable to harassment and assaults by other prisoners and many need protection, it is both possible and imperative that our correctional facilities ensure the safety of their charges while providing equal access to programs, privileges and facilities, as required by the Prison Rape Elimination Act and our constitutional guarantee of equal protection.

Jails are simply not Constitution-free zones.

For further reading, the San Bernardino Sun’s Ryan Hagen has some good reporting on the alleged inequality (and harassment from deputies) faced by West Valley inmates.


FRANK LYGA FIRED FROM LAPD FOR CONTROVERSIAL COMMENTS

On Wednesday, LAPD Chief Charlie Beck signed paperwork to fire detective Frank Lyga, who was accused of making inappropriate and racist remarks during a department training session. (Backstory: here.) Lyga is reportedly considering appealing or filing a lawsuit.

ABC7′s Elex Michaelson has the story. Here are some clips:

Ira Salzman, Lyga’s attorney, confirmed on Wednesday that LAPD Chief Charlie Beck signed paperwork to fire Lyga, who had been on home duty with pay since June.

“We didn’t get an opportunity to present our appeal,” Salzman said, adding that the firing was unfair. “Horribly disappointed.”

[SNIP]

In a letter to LAPD investigators, Lyga said he deeply regretted his poor judgment. He said there’s no excuse for what he did, but he learned valuable lessons.

“By no means does Frank, to his everlasting credit, or I say it’s OK what he said. It wasn’t OK,” Salzman said. “But that doesn’t at all justify a termination over words.”

Community activist Jasmyne Cannick, the blogger who first posted the recording online, disagreed with Salzman, saying in a statement, “Detective Frank Lyga wrote his own termination when he said what he said.”


YEAR-TO-DATE LOS ANGELES JAILS USE-OF-FORCE STATISTICS

New LA County Sheriff’s Department statistics show use-oF-force in county jails rose 11% so far this year. It’s not yet clear that this number is significant. The numbers were reported to the LA County Board of Supervisors on Tuesday. According to LASD officials, the spike may be attributed to a number of things, including more thorough use-of-force reporting.

The jail that reported the highest percentage jump in use-of-force incidents, 40%, was at Castaic’s North County Correctional Facility, while Twin Towers actually saw a reduction of 12% over last year’s numbers. You can view the rest of the statistics here (on page five).

KPCC’s Frank Stoltze has more on the numbers. Here are some clips:

The biggest increase occurred at North County Correctional Facility in Castaic, where Sheriff’s deputies used force against inmates 65 times – a 40 percent increase compared to the same period last year. The jail holds about 3,900 inmates.

“I’m not sure if the actual use of force is up, or if we’re doing a better job reporting it,” said Assistant Sheriff Terri McDonald, who oversees the county’s sprawling jail system. “But I’m concerned it’s up.”

[SNIP]

In all, deputies used force 512 times during the first nine months of the year. Most of the incidents — 352 — involved “control holds” or the use of chemical agents like Mace. Punches, kicks, the use of Tasers or batons, “and/or any use of force which results in an injury or lasting pain” accounted for 157 incidents.

Three incidents involved shootings, strikes to the head, “and/or any force which results in skeletal fractures and/or hospitalization.”

In 53 cases, inmates accused deputies of using excessive force. The department determined 42 allegations were unfounded, ten remain under review, and one was determined to be true.

Posted in ACLU, CDCR, LAPD, LASD, LGBT, prison policy, solitary | 46 Comments »

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47′s LA Savings, and PPOA Interviews McDonnell

October 17th, 2014 by Taylor Walker

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

Posted in ACLU, Jim McDonnell, LASD, LAUSD, Sentencing, Zero Tolerance and School Discipline | 26 Comments »

« Previous Entries