Friday, April 18, 2014
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Meta

American artists


Sex Trafficked Boys Overlooked as Victims….Trials for Sheriff’s Department Members Indicted for Hiding Federal Informant Schedules for May…..Pulitzers…and More

April 15th, 2014 by Celeste Fremon


SEXUALLY TRAFFICKED BOYS ARE SEEN AS VICTIMS LESS OFTEN

It is heartening that kids who are involved in sex trafficking are now being seen—for the most part anyway—as victims to be protected and helped, rather than lawbreakers subject to arrest.

Unfortunately, this understanding that kids are the victims in the equation does not apply equally to both genders, writes Yu Sun Chin in his reports for the Juvenile Justice Exchange.

According to Chin, although boys represent over 50 percent of the kids commercially trafficked for sex in the U.S., they are still too often seen as perpetrators not victims by law enforcement.

Here’s a clip:

For years, the sex trade was ‘their’ problem, a heinous part of culture in poorer nations. But attention here to sex trafficking has slowly increased in recent years with the reauthorization of the Trafficking Victims Protection Reauthorization Act and other federal state laws.

Still, males remain a largely invisible population within the dialogue on sex trafficking. According to a 2008 study by the John Jay College of Criminal Justice, in fact, boys comprised about 50 percent of sexually exploited children in a sample study done in New York, with most being domestic victims.

However, the percentage of male victims may be higher due to the underreported and subversive nature of the crime, said Summer Ghias, program specialist for the Chicago-based International Organization for Adolescents.

“We’re conditioned as a community to identify female victims more readily,” she said, “because that has been the more prominent focus of the anti-trafficking movement.”

Despite these high percentages of commercially sexually exploited boys, a 2013 study by ECPAT-USA indicates that boys and young men are rarely identified as people arrested for prostitution or rescued as human trafficking victims, and are arrested more for petty crimes such as shoplifting.

Experts say that the law enforcement’s attitudes toward male victims are still weighed down by gender biases in trafficking discourse, which pins females as victims and males as perpetrators. Therefore, male victims in custody often fall through the cracks of services that could be offered to help them because they are not properly assessed for sexual exploitation.


THOSE INDICTED FOR THE HIDING OF FEDERAL INFORMANT ANTHONY BROWN WILL BEGIN TRIAL IN MAY SAYS JUDGE

In a hearing on Monday afternoon, Federal Judge Percy Anderson ordered that trials begin in mid-May for LA Sheriff’s Department defendants charged for their alleged part in the hiding of FBI informant Anthony Brown.

At the same hearing, Anderson agreed to grant a motion to sever the trial of Deputy James Sexton from that of the six other defendants (lieutenants Greg Thompson and Stephen Leavins, plus two sergeants, Scott Craig and Maricella Long., and deputies Gerard Smith, Mickey Manzo.)

As expected, Anderson denied a list of other motions brought by attorneys representing Sexton and several of the others, including motions to dismiss charges. (WLA reported on some of the motions filed by defendants here and here.)

As the cases speed toward trial, the main question that hangs in the air is whether the U.S. Attorneys Office will eventually indict any of the higher-ups who are said to have ordered the hiding of Brown, or if only those allegedly following those orders (including whistleblower Sexton, who will now be tried separately from the other six) will be threatened with prison terms and felony records.


KPCC INTERVIEWS PAUL TANAKA

KPCC’s Frank Stoltze interviews Paul Tanaka as part of Stoltze’s continuing series on the LASD Sheriff’s candidates for KPCC.

Here’s a clip:

Early on, Tanaka had little interest in being a cop. It’s hard to imagine now, but the buttoned-down Tanaka once wore a ponytail. “A lot of people had long hair back in the 1970s,” he explains.

He also adhered to the cultural rules in his strict Japanese-American household in Gardena, earning a black belt in Aikito and respecting his parent’s wishes.

“In an Asian family, you’re going to be a doctor or an attorney or a CPA,” says Tanaka, sporting a dark suit and tie on a recent afternoon at his campaign headquarters in Torrance.

He was an “A” student, studying accounting at Loyola Marymount University and holding down two jobs — one as a janitor, one making sports trophies — when his life changed. He spent a day on patrol with a sheriff’s deputy as part of a class and fell in love with policing.

It took years for Tanaka’s father to fully accept his eldest son’s decision. The young man had to adjust too:”One of the more traumatizing things was I had to do was cut my hair.”

Early in his career, Tanaka says he faced racial epithets in a mostly white department. He ignored most, chalking it up to ignorance. Over the years, the certified public accountant gained a reputation as detail-oriented — a commander who knew more about your job than you did.

Tanaka grew close to Baca, who eventually appointed him undersheriff. Tanaka became the heir apparent. The jail violence scandal that surfaced three years ago changed all of that.

Did he know about deputy abuse of inmates when he ran the jails from 2005-07? Tanaka claimed ignorance to the Citizens Commission on Jail Violence.

“It was never brought to my attention,” he said in his testimony.

What about violent deputy cliques inside Men’s Central Jail?

“That was never, ever mentioned as a problem,” he said.


CANDIDATES FOR LA COUNTY SHERIFF CONTINUE TO UP THE ANTE WITH EACH OTHER IN DEBATE MONDAY

All seven candidates for the office of LA County Sheriff squared off again on Monday night. KNBC 4 reports on some fiery moments.

Last Monday night’s mistaken fatal shooting by sheriff’s deputies of aspiring television producer, 30-year-old John Winkler, during a hostage stand-off, could not help but provide an emotional backdrop for the debate, some of those present reported.


THE PULITZER PRIZES EVOLVE

Much is rightly being made over the fact that one of this year’s Pulitzer Prizes for journalism was awarded jointly to the Guardian US and the Washington Post for their coverage of the Edward Snowden/NSA revelations.

It is also notable, however, that the Pulitzer for Investigative Reporting went—not to any conventional news outlet—but to reporter Chris Hamby who writes for the Center for Public Integrity, an independent, non-profit news site that is one of many throughout the U.S. (WitnessLA included) that have filled in the gaps left as traditional news organizations cut back their coverage, often leaving vital issues underreported.

Both prizes are cheering signs.

EDITOR’S NOTE: While we’re on the subject of Pulitzers, I happen to heartily approve of the Pulitzer judges’ choice of Donna Tartt’s deliciously Dickensian novel The Goldfinch as the winner for the prize in Fiction.


And, speaking of literary prizes, here are the winners of the Los Angeles Times Book Prizes, announced this past Friday night.

(I was on the judging panel for the Current Interest Prize and my fellow judges and I are very proud of our winner—Sheri Fink for Five Days at Memorial: Life and Death in a Storm-Ravaged Hospital—as well as all five of our finalists.)

Posted in 2014 election, American artists, American voices, FBI, Future of Journalism, juvenile justice, LA County Jail, LASD, Paul Tanaka, U.S. Attorney, writers and writing | 14 Comments »

It’s LA Times Festival of Books Weekend!!!

April 11th, 2014 by Celeste Fremon

That glorious time has come ’round again: the LA Time Festival of Books is this weekend!

As always, there are loads of wonderful author panels to attend, both Saturday and Sunday, with the LAT book awards held Friday night at 8 pm. Again this year, the free-of-charge event will be held on the USC campus.

On Sunday at 11 am, I’m moderating a panel filled with excellent mystery authors and, I promise, if you’re intrigued with the genre at all, this panel is the place to be. (At Seeley G. Mudd Hall)

My panelists are:

MILES CORWIN, a great LA nonfiction writer who, a few years ago, decided to cross over into crime fiction with spectacular effect. His latest novel, Midnight Alley, has a narrative that moves like lightning while remaining satisfyingly grounded in the real—and often conflicted—details of a cop’s life.

SARA GRAN, the author of Claire DeWitt and the Bohemian Highway, her second book featuring her deliciously original detective protagonist, the coke-snorting, dream-haunted, DeWitt, who, as one reviewer put the matter, is “a cool blend of Nancy Drew and Sid Vicious.” Gran’s the real deal.

DENISE HAMILTON, the queen of LA Noir whose latest stand-alone novel, Damage Control, is a beautifully written psychological thriller that, like her highly-regarded Eve Diamond novels, is laced with needle-sharp and deeply human So Cal social commentary.

PAUL TREMBLEY, a wildly talented author whose books include his darkly funny dystopian novel, Swallowing a Donkey’s Eye, and his two-book mystery series featuring narcoleptic detective, Mark Genevich. Trembly is fearless. Don’t miss him!

Early Monday we’ll be back with plenty of news. But this weekend it’s all about literature!

C’mon down!

Posted in American artists, American voices, writers and writing | No Comments »

Peter Matthiessen: May 22, 1927 – April 5, 2014…Into the Mystery

April 7th, 2014 by Celeste Fremon


Impassioned non-fiction-writer, novelist, naturalist Peter Matthiessen
died on Saturday at 86 of leukemia.

For those of you unfamiliar with the man, or his work, a few facts:

Called a “shaman of literature,” Matthiessen has written 33 books, most of which were greeted with some kind of acclaim or other. He is, however, best known for such books as his cultural critique/thriller novel set in the Amazonian jungle, At Play in the Fields of the Lord, and his account of a stone-age culture, Under the Mountain Wall, which Truman Capote would credit with influencing his conception of his “nonfiction novel” In Cold Blood. Matthiessen’s meditational account of a 250-mile trek across the Himalayas, The Snow Leopard,” was his biggest seller, and his 900-plus-page novel Shadow Country, took 30-years of rewriting before he felt he’d gotten it right.

His nonfiction account of the rise of the American Indian Movement, In the Spirit of Crazy Horse, got him sued by an FBI agent and the former governor of North Dakota for libel, and caused the book to be yanked entirely from sale for nine years. Finally, after three different courts told both plaintiffs to pound sand, and the U.S. Supreme Court refused to hear the matter on appeal, the paperback edition of the book was, at last, published in 1992.

Matthiessen co-founded one of the most famous literary magazine’s in historyThe Paris Review—as a cover for his brief career as an undercover agent for the CIA. (His politics swung to the left shortly after that.)

After winning two National Book Awards for the same nonfiction book, the The Snow Leopard, he won the award again a few years later, this time in fiction for Shadow Country. And, yes, he is the only writer ever to have pulled off such a triple play.

(Oh, yeah, and his novel At Play in the Fields of the Lord was a finalist for the award.)

Readers often credit his books with having changed their lives. (I would fall into that category.)

A generation or two of naturalist writers were clearly influenced by his writing.

His final novel, In Paradise, which he told interviewers would probably be his last word, will be published on Tuesday.

If you want to know more, the LAT’s David Ulin has written a lovely appreciation.

And here’s a bit of Matthiessen in his own words.

Of all African animals, the elephant is the most difficult for man to live with, yet its passing – if this must come – seems the most tragic of all. I can watch elephants (and elephants alone) for hours at a time, for sooner or later the elephant will do something very strange such as mow grass with its toenails or draw the tusks from the rotted carcass of another elephant and carry them off into the bush. There is mystery behind that masked gray visage, and ancient life force, delicate and mighty, awesome and enchanted, commanding the silence ordinarily reserved for mountain peaks, great fires, and the sea.”

― Peter Matthiessen, The Tree Where Man Was Born

The search may begin with a restless feeling, as if one were being watched. One turns in all directions and sees nothing. Yet one sees that there is a source fro this deep restlessness; and the path that leads there is not a path to a strange place, but the path home … The journey is hard, for the secret place where we have always been is so overgrown with thorns and thickets of “ideas”, of fears and defenses, prejudices and repressions. The holy grail is what Zen Buddhists call our own “true nature”; each man is his own savior after all.

Peter Matthiessen, The Snow Leopard

When we are mired in the relative world, never lifting our gaze to the mystery, our life is stunted, incomplete; we are filled with yearning for that paradise that is lost when, as young children, we replace it with words and ideas and abstractions – such as merit, such as past, present, and future – our direct, spontaneous experience of the thing itself, in the beauty and precision of this present moment.

― Peter Matthiessen


Photo by Linda Gavin/Courtesy of Riverhead Books

Posted in American artists, American voices, Life in general, literature, writers and writing | No Comments »

WLA on Madeleine Brand Show Wed. Talking About Baca & LASD….Closing the Camp Kilpatrick Sports Program?…. How Has Prez Done on Criminal Justice?….Farewell to Harold Ramis

February 25th, 2014 by Celeste Fremon



WITNESSLA ON MADELEINE BRAND SHOW AT 12 NOON WED TALKING ABOUT LEE BACA & THE LASD: UPDATED

I’ll be on KCRW’s new Madeleine Brand show on Wednesday at 12 noon, 89.9 FM. We’ll be talking about my lengthy article on former Sheriff Lee Baca that is in the March issue of Los Angeles Magazine (due out Wednesday).

UPDATE: I originally thought it was going to be broadcast Tuesday, but although it was taped Tuesday morning, it’ll be broadcast on Wednesday.

You can listen in real time. I’ll also link to the podcast after the show.

(And here’s a link to a sort of teaser interview that my editor at LA Mag, Matt Segal, did with me about the story.)

Obviously, I’ll let you know when the story itself is out!


CLOSING THE CAMP KILPATRICK SPORTS PROGRAM?

The LA Times’ Sandy Banks has a story on the possible closure of the famous juvenile sports program at LA County’s Camp Kilpatrick.

We’ll have a lot more on this issue in the next few days, but in the meantime, here’s a clip from Banks’ column:

A sports program that brought national acclaim to a Los Angeles County probation camp is headed for extinction — unless it can prove that it helps youthful offenders stay trouble-free.

For more than 20 years, Camp Kilpatrick in Malibu has been the only juvenile correctional facility in the state to field teams that compete against public and private schools in the California Interscholastic Federation.

The camp’s football team inspired the 2006 movie “Gridiron Gang” and sent several players to college. Its basketball team has come close to being a regional champion. Its soccer program produced this year’s Delphic League MVP.

But Camp Kilpatrick is being torn down next month and will be rebuilt on a new model — one that stresses education, counseling and vocational training over competitive sports.

It’s part of a long-overdue shift in the county juvenile justice system, from boot-camp style to a therapeutic approach to rehabilitating young people.

Still, it would be a loss to the young men incarcerated at Camp Kilpatrick if sports are a casualty of reform….

We agree. Read the rest here.


NY TIMES’ BILL KELLER ASSESSES OBAMA ON CRIMINAL JUSTICE RECORD & HOLDER SEZ SENTENCING REFORM WILL BE DEFINING

In his final column for the paper, outgoing NY Times editor-in-chief, Bill Keller grades President Obama on his criminal justice reform record.

Here’s a clip:

I DOUBT any president has been as well equipped as Barack Obama to appreciate the vicious cycle of American crime and punishment. As a community organizer in Chicago in the 1980s, he would have witnessed the way a system intended to protect the public siphoned off young black men, gave them an advanced education in brutality, and then returned them to the streets unqualified for — and too often, given the barriers to employment faced by those who have done time, disqualified from — anything but a life of more crime. He would have understood that the suffering of victims and the debasing of offenders were often two sides of the same coin.

It’s hard to tell how deeply he actually absorbed this knowledge. In the Chicago chapters of his memoir, “Dreams From My Father,” Obama notes that in the low-income housing projects “prison records had been passed down from father to son for more than a generation,” but he has surprisingly little to say about the shadow cast by prisons on the families left behind, about the way incarceration became the default therapy for drug addicts and the mentally ill, about the abject failure of rehabilitation.

Still, when the former community organizer took office, advocates of reform had high expectations.

In March I will give up the glorious platform of The Times to help launch something new: a nonprofit journalistic venture called The Marshall Project (after Thurgood Marshall, the great courtroom champion of civil rights) and devoted to the vast and urgent subject of our broken criminal justice system. It seems fitting that my parting column should address the question of how this president has lived up to those high expectations so far…..

[HUG SNIP]

“This is something that matters to the president,” [US Attorney General Eric] Holder assured me last week. “This is, I think, going to be seen as a defining legacy for this administration.”


A FAREWELL TO HAROLD RAMIS….TOO SOON! TOO SOON!


Radiantly, brilliantly, humanely funny.
It seems terribly wrong that Harold Ramis is dead.

Above is writer, actor, director Ramis talking to students about “good comedy.” With his films such as Ghostbusters, Caddyshack, Animal House, Stripes, Groundhog Day, Analyze This, and more, Harold Ramis showed how it was done.

Posted in American artists, American voices, criminal justice, juvenile justice, LASD, Life in general, Obama, Probation, racial justice, Sentencing, Sheriff John Scott, Sheriff Lee Baca | 12 Comments »

Goodnight Pete Seeger….We’ll See You in Our Dreams….& Other News

January 29th, 2014 by Celeste Fremon

WITH LOVE & GRATITUDE TO PETE SEEGER, AMERICA’S JOY-FILLED AND FEROCIOUS MUSICAL CONSCIENCE: 1919 -2014

Whether singing his own compositions or American roots songs with provenances long ago lost such as The Worried Man Blues

…or the rescued and reworked gospel that, in his hands, became so indelible, We Shall Overcome, or the songs of others, like Woody Guthrie’s haunting national anthem for the ordinary American, This Land is Your Land, Pete Seeger embodied a pain-informed but miraculously unsullied optimism about his fellow humans that burned the most brightly when he was on stage.

In later years, his banjo was inscribed with the words: This machine surrounds hate and forces it to surrender.

And he meant it.

When he couldn’t sing anymore, he got everyone else to sing it for and with him. And we did, because Seeger’s music felt like it was always there—-in the wind, in the land, in our blood….

Good night, dear Pete, we’ll see you in our dreams.


RACE & SCHOOL DISCIPLINE: 4 WAYS TO START ADDRESSING THE PROBLEM

Rolling Stone Magazine has an worthwhile story by Molly Knefel about the persistent problem of racial inequities or, in some cases, just straight up racism, that plague our school discipline systems nationally. Cheeringly, the story doesn’t just describe the problem, it looks at four strategies taken from a new federal report aimed at fixing the problem as well.

Here’s a clip:

When Marlyn Tillman’s family moved from Maryland to Georgia, her oldest son was in middle school. Throughout his eighth grade year, he was told by his school’s administration that his clothing was inappropriate. Even a simple North Carolina t-shirt was targeted – because it was blue, they said, it was flagged as “gang-related.”

Things got worse when Tillman’s son got to high school, where he was in a small minority of black students. While he was in all honors and AP classes, he received frequent disciplinary referrals for his style of dress throughout ninth grade and tenth grade. Frustrated, his mother asked for a list of clothing that was considered gang-related. “They told me they didn’t have a list, they just know it when they see it,” Tillman tells Rolling Stone. “I said, I know it when I see it, too. It’s called racism.”

One day, Tillman’s son went to school wearing a t-shirt that he had designed using letters his mother had bought at the fabric store – spelling out the name of his hometown, his birthday and his nickname. He was again accused of gang involvement and and told that his belongings would be searched. “He’d just been to a camp where they gave out pocket-sized copies of the Constitution,” Tillman recalls. “My son whips out that copy and tells them that they’re violating his rights.”

The administrators accused the teen of disrespect. He was suspended and pulled out of his AP classes. That’s when Tillman – convinced that her son had been targeted because of his race – went to Georgia’s American Civil Liberties Union.

[SNIP]

…Earlier this month, the U.S. Department of Justice and Department of Education released a set of documents detailing how school discipline policies across the country may be violating the civil rights of American elementary and secondary school students.

[SNIP]

So what can we do to make our schools fairer? The federal guidance recommends a number of best practices to ensure that schools recognize, reduce and eliminate disproportionate treatment of students of color and students with disabilities, while fostering a safe and supportive educational environment…..

Read on for the solutions.


JUDGE NASH TO LEAVE THE BENCH???? UM…THIS DOESN’T WORK FOR US

The Metropolitan News reported this week that Judge Michael Nash will leave his position as presiding judge of the juvenile court by next January or (ulp) sooner. Among other acts of bravery and sane thinking, Nash, if you remember, in 2011 opened the LA County Dependency Court to reporters….and some desperately needed outside scrutiny.

Here’s a short clip from the Met News story:

Los Angeles Superior Court Judge Michael Nash, the presiding judge of the Juvenile Court for more than 16 years, said Friday he will not seek re-election.

Nash, who previously told the MetNews he was undecided whether to file for a new six-year term, said that after nearly 29 years on the court, it was time to search out “whatever other opportunities may come my way.” He said he had no specific plan, but that “life has just always worked out” for him.

Today is the first day that judicial candidates can file declarations of intent to run in the June primary. Deputy District Attorney Dayan Mathai Thursday became the first candidate to take out papers to run for Nash’s seat.

Nash said he had made no decision on whether to retire, or to serve out his term, which expires in January of next year. “It was enough of a hump to get to this point,” he said…

Okay, sure, we understand that Judge Nash has to do what’s right for his life, but still…


.

Posted in American artists, American voices, children and adolescents, Courts, DCFS, Foster Care, Life in general, race, racial justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

With Gratitude to Wanda Coleman: 1946 – 2013

November 24th, 2013 by Celeste Fremon


“Like Wallace Stegner, I am in the ‘universal’ tradition of writers who concern themselves with The Truth—never mind that it is apt to hurt someone, in some way, most likely me.”

– Wanda Coleman, The Riot Inside Me

After Wanda Coleman died on Friday, most of those writing obituaries to honor her noted that she was widely thought to be the poet laureate of Los Angeles. Certainly, one would be hard pressed to find anyone who fit that bill better than Coleman.

Yet, for me, author and LA Times book reviewer, David Ulin, goes more to the heart of the matter of her significance to LA literature in this essay he wrote remembering this woman he rightly described as a force of nature:

Coleman was the conscience of the L.A. literary scene — a poet, essayist and fiction writer who helped transform the city’s literature when she emerged in the early 1970s…..

…She was the keystone, the writer who shifted L.A. writing, irrevocably and to the benefit of all of us, from an outside to an inside game, a literature of place.

The importance of this can’t be overstated; without Coleman, there’d be a lot less here for the rest of us. She taught us to write about the city we saw, the city in which we lived, to turn our backs on the stereotype and stare down the reality instead.

In terms of worldly accomplishments, Coleman wrote 22 books, won an Emmy for her TV writing on “Days of Our Lives,” won a Guggenheim Fellowship for poetry in 1984, and the Lenore Marshall Poetry Prize in 1999. Her collection, “Mercurochrome,” was a finalist for a 2001 National Book Award.

Literarily speaking, she was, to use a faddish word, a disrupter. As Ulin suggested, she challenged the rest of us to ground ourselves in the real, to make art out of only that which mattered, to cut the B.S. or get outta the way.

Thankfully, for anyone with any sense, she was impossible to resist.


If you’d like to hear a bit more of Coleman’s work, listen to this 2012 reading on KCRW of some of what she wrote in response to the Watts and the Rodney King riots.

Posted in American artists, American voices, writers and writing | 1 Comment »

Where to Lock Up the CA Kid Who Killed his Neo Nazi Dad….Sexual Abuse-Riddled GA Juvie Prison To Close….For Profit Juvie Lock-Ups….And More

October 30th, 2013 by Celeste Fremon


PSYCHOLOGISTS ARGUE ABOUT LOCK-UP LOCATION FOR 13-YEAR OLD WHO, AT TEN, SHOT HIS NEO-NAZI FATHER

Hearings resumed on Tuesday in the case of the Riverside, CA, boy who, at age 10, shot and killed his White Supremacist father. The boy has already been convicted of 2nd degree murder. What remains is sentencing, and the decision as to where the now-thirteen year old will do his time. Tuesday mostly featured dueling psychologist/experts who, according to KNBC’s Patrick Healy, could not agree about much. They did, however, give a harrowing look into the homelife that may have played a role in the boy’s violent actions.

Here’s a link to Healey’s report.

John Rogers of the Associated Press has also been following this story closely. Here are some clips from his report on last week’s fight over the 13-year-old’s fate.

A 13-year-old boy who became one of the nation’s youngest killers when he shot his neo-Nazi father to death as the man slept should be incarcerated in a state juvenile justice facility to protect him and the public, a judge was told Friday during a sentencing hearing.

As the baby-faced, blond-haired teen sat quietly in court, sometimes fidgeting in his chair or scribbling in a notebook, Deputy District Attorney Michael Soccio said the severity of the crime he committed at age 10 can’t be overlooked.

Soccio said the boy needs to be in a more secure system, with fences and locked gates, where he would receive the necessary treatment.

“He needs to be in a protective environment for his safety and that of others,” the prosecutor said.

[SNIP]

Prosecutors say the boy shot his father behind the ear at point-blank range as he slept on a sofa after coming home from a night of drinking. The child later told police he was afraid he would have to choose between living with his father and his stepmother, who were headed for a divorce.

Attorneys for the boy have said he reacted after years of horrific abuse that left him with attention deficit hyperactivity disorder, anger and fear issues, learning disabilities and other emotional problems.

The lawyers deferred their opening statement until the hearing resumes on Tuesday, when they will have a chance to call witnesses. But outside court, defense lawyer Punam Grewal said the teenager was abused almost from the day he was born.

“The only thing he learned was the world of fear and violence,” she said.

His mother and his attorneys want him sent to a private residential treatment center, where security would be lighter and therapy more intense.

Soccio didn’t directly address the boy’s emotional troubles during the hearing. He did call witnesses who testified about the safety and educational value at California’s juvenile lockups.


SEXUAL ABUSE-PLAGUED GA JUVIE PRISON TO CLOSE

In a survey looking at sexual victimization inside jails, prisons and juvenile facilities released this past summer by the Department of Justice’s Federal Bureau of Justice Statistics, the Paulding Regional Youth Detention Center in Dallas, Ga. stood out as the worst in the nation when it came to kids being victimized. One in three kids locked up in the place reported that they’d been sexually victimized by staff or other kids during the previous 12 months.

As the Atlanta Journal Constitution noted in June, four Georgia lockups for juveniles were among the 13 nationwide that had the highest percentage of youth reporting inappropriate sexual contact with detention officers.

Now, it turns out the state of Georgia is closing the worst of the four facilities—a for profit lock-up run by Youth Services International (YSI).

Weirdly, Georgia officials are not closing down RYDC because of the staggeringly high reports of sexual abuse, reports James Swift in a story for the Juvenile Justice Exchange.

A Georgia official told Swift:

“The decision to close the Paulding Regional Youth Detention Center was based totally on economics. This decommissioning is a state agency business assessment based on cost savings and changing detention populations.”

In fairness, the state of Georgia quickly launched an investigation into the matter this summer after suspending 20 of its existing juvie justice investigators who had all but ignored 20 open cases of sexual abuse of juveniles in the state’s facilities.

It should also be noted that YSI, the parent company running the abuse-plagued facility, has been the target of criticism and lawsuits in at least three other states where it manages youth detention facilities….


YSI: THE COMPANY WHERE JUVENILE CRIME PAYS

Now about that parent company….

Last week, the Huffington Post took a close and very alarming look at YSI and it’s for-profit Juvie lock-ups—particularly those in Florida, where the company does the bulk of its business—in a deeply reported 2-part series Chris Kirkham.

It is a must read.

Here’s the series’ opening to get you started:

From a glance at his background, one might assume that James F. Slattery would have a difficult time convincing any state in America to entrust him with the supervision of its lawbreaking youth.

Over the past quarter century, Slattery’s for-profit prison enterprises have run afoul of the Justice Department and authorities in New York, Florida, Maryland, Nevada and Texas for alleged offenses ranging from condoning abuse of inmates to plying politicians with undisclosed gifts while seeking to secure state contracts.

The Huffington Post uploaded and annotated the documents — including court transcripts, police reports, audits and inspection records — uncovered during this investigation.
Hover over the highlighted passages to see the source document behind each fact.

[Browse the documents behind this report.]

In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his own vomit, according to Texas law enforcement reports. After nine days of medical neglect, he died.

That same year, auditors in Maryland found that staff at one of Slattery’s juvenile facilities coaxed inmates to fight on Saturday mornings as a way to settle disputes from earlier in the week. In recent years, the company has failed to report riots, assaults and claims of sexual abuse at its juvenile prisons in Florida, according to a review of state records and accounts from former employees and inmates.

Despite that history, Slattery’s current company, Youth Services International, has retained and even expanded its contracts to operate juvenile prisons in several states. The company has capitalized on budgetary strains across the country as governments embrace privatization in pursuit of cost savings. Nearly 40 percent of the nation’s juvenile delinquents are today committed to private facilities, according to the most recent federal data from 2011, up from about 33 percent twelve years earlier.

Over the past two decades, more than 40,000 boys and girls in 16 states have gone through one of Slattery’s prisons, boot camps or detention centers, according to a Huffington Post analysis of juvenile facility data.

The private prison industry has long fueled its growth on the proposition that it is a boon to taxpayers, delivering better outcomes at lower costs than state facilities. But significant evidence undermines that argument: the tendency of young people to return to crime once they get out, for example, and long-term contracts that can leave states obligated to fill prison beds. The harsh conditions confronting youth inside YSI’s facilities, moreover, show the serious problems that can arise when government hands over social services to private contractors and essentially walks away.

Those held at YSI facilities across the country have frequently faced beatings, neglect, sexual abuse and unsanitary food over the past two decades, according to a HuffPost investigation that included interviews with 14 former employees and a review of thousands of pages of state audits, lawsuits, local police reports and probes by state and federal agencies.


MICHAEL SKAKEL, CONVICTED OF MURDERING TEENAGE NEIGHBOR AT 15, IS GETTING A NEW TRIAL THAT COULD FREE HIM, BUT IS HE GUILTY OF THE CRIME? THE NEW YORKER’S JEFFREY TOOBIN SAYS YES

We often find ourselves reporting on the legal difficulties faced by those who turn out to be wrongly convicted.

But regarding the latest wrinkle in the long-dramatic case of convicted murderer Michael Skakel, the New Yorker’s Jeffrey Toobin writes that the opposite is likely the case.

Here’s a clip:

The extraordinary legal saga of Michael Skakel took its most surprising turn last week. In 2002, Skakel was convicted of murdering his neighbor Martha Moxley, in Greenwich, Connecticut, in 1975, when both of them were fifteen years old. After more than a decade of futile appeals, a Connecticut Superior Court judge granted Skakel a new trial on the grounds that his attorney, Michael Sherman, had provided ineffective assistance under the Sixth Amendment.

The hundred-and-thirty-six-page opinion by Judge Thomas A. Bishop is a peculiar document. It is designed to prove that Sherman did an incompetent job, but Bishop seems principally interested in proving that Skakel was in fact not guilty of the murder. Bishop, it seems, wanted to dispense rough justice—that is, to free an innocent man from prison, using whatever legal tools he had at his disposal.

This, in a way, is admirable. Wrongful convictions are individual and societal tragedies, and judges should do whatever they can to reverse them. The question is whether Skakel was wrongfully convicted. I covered the trial and read Bishop’s opinion, and I still think that the jury got this one right—that Michael Skakel killed Moxley.

The murder took place on October 30th, known as “mischief night,” for the local tradition of raucous fun on the eve of Halloween. There were many kids, including Moxley, coming and going on the Skakel property. Moxley was romantically involved with Thomas Skakel, Michael’s seventeen-year-old brother. Michael, too, was interested in Moxley, and the two brothers had a contentious relationship about this and other matters. Moxley never came home on the night of October 30th, and her body was discovered on the lawn of her own house in Greenwich the next day…..

In closing Toobin contends is that Skakel is getting a second chance at a jury trial, not because of compelling evidence that he was poorly defended, or that he was wrongly convicted, but because he has the money and his family the social standing to repeatedly pull whatever possible legal strings there were until something—or someone—finally gave way:

Skakel has had a decade of appeals and finally found a judge who bought his story. Less privileged defendants don’t have those kinds of opportunities. Skakel’s victory is due as much to his many privileges as a defendant as it is to the actual evidence in his case.

These are not comforting words. But, sadly, they have the ring of truth..


THE MADNESS OF THE FIGHT OVER WHETHER LAUSD SUPERINTENDENT DEASY SHOULD STAY

We’ve not covered the battle over whether or not Los Angeles Unified School District head guy John Deasy would be forced out. But we are very relieved that the wrong-headed move to push Deasy out has not succeeded. The superintendent is staying until 2016.

The LA Times editorial board weighed in on the matter before Tuesday’s vote to keep Deasy. Here’s a clip from their very sane view:

There are so many dramas and mini-disasters at the Los Angeles Unified School District, they have to take a number and line up for attention. First, a special meeting was called for Tuesday so that the board could set a broad vision from which future policies would flow. Then the board put off the vision thing in favor of a meeting on the more immediate, problem-riddled iPad project. Now it is delaying that discussion to devote the meeting to the topic of Supt. John Deasy, the bold but stubborn school reformer who stunned Los Angeles last week when it was revealed that he is on the verge of quitting the job he has held since 2011.

It’s unclear whether Deasy really intends to resign in frustration or whether, in fact, he expects to be fired at his performance evaluation Tuesday — which would be an astoundingly bad mistake on the part of the board. It’s also possible that he is merely bluffing in order to pressure the board members into toning down their criticism of him.

[BIG SNIP]

The board is at a crucial juncture. It must back away from micromanaging, and it must stop empowering those board members whose main goal is to return to those imaginary good old days when little or nothing happened without the approval of United Teachers Los Angeles, the teachers union. Those were not, in fact, good days at all for L.A. Unified’s students, too many of whom were reaching high school barely able to read picture books. Given the current crisis, the board’s best move would be to hire an organizational consultant to iron out the friction and help the board understand and carry out its proper role….

Posted in American artists, Child sexual abuse, juvenile justice | No Comments »

Court Rules Police Are Protected As Whistleblowers….. Judge Awards $3 Million to Parents of Zac Champommier….WWED? What Would Elmore Do?….and More Sheriff Challenger Interviews

August 22nd, 2013 by Celeste Fremon



9TH CIRCUIT SAYS POLICE ARE PROTECTED AS WHISTLEBLOWERS BY 1ST AMENDMENT

The decision on Wednesday by the 9th Circuit Court of Appeals is very interesting, and also very important.

Here’s the deal: A former Burbank police detective, Angelo Dahlia, said he was suspended after reporting that fellow officers had beaten suspects and then told him to keep his mouth shut about it. After witnessing the abuse, he first reported what he had seen to his direct superior, but was told to “stop his sniveling,” according to the court. Any further attempts were met with the same dismissal.

Next Dahlia went to Burbank PD’s Internal Affairs, and the real retaliating allegedly began.

When Dahlia finally went outside his agency and talked to investigators from the Los Angeles Sheriff’s Department, and eventually to the FBI, he was reportedly directly threatened by one of the Burbank PD’s lieutenants who, according to the ruling, warned Dahlia, “Fuck with me and I will put a case on you, and put you in jail.” Plus there were reportedly other unpleasant retaliations.

And then he was put on administrative leave.

So he sued.

A lower court tossed out his lawsuit, contending that Dahlia’s actions did not constitute whistleblower activity, so were not eligible for First Amendment protections because, according to a 2009 ruling, Huppert v. City of Pittsburg, as a law enforcement office, reporting wrongdoing was a part of his job.

The 9th circuit disagreed. They ruled that, the moment Dahlia went outside of the Burbank PD, he should be accorded the same First Amendment protection as a private citizen.

So they reinstated his lawsuit.

This ruling, which may be appealed to the U.S. Supreme Court, struck down Huppert, which had denied cops most whistleblower protection, to set an important new precedent.

“The practical reality,” wrote a court member, “is that quite a few police officers are reluctant to report acts of police abuse committed by their fellow officers. The ‘officer code of silence’ describes the understanding that “an officer does not provide adverse information against a fellow officer. The public’s trust is diminished when a law enforcement officer abides by the code of silence to cover up misconduct engaged in by fellow officers. To strengthen the public’s confidence in the integrity of its law enforcement officers, it is essential that an officer be encouraged or required to report misconduct committed by fellow officers.”

Indeed.

Scott Michelman, attorney for the advocacy group, Public Citizen, which helped to bring the appeal, credited the decision with helping to ensure transparency when “public officials are engaging in misconduct,” writes Tim Hull, reporting for The Courthouse News Service.

“Courageous police officers like Angelo Dahlia are in many circumstances the public’s best or even only available source of information about police corruption and abuse,” Michelman said in a statement.

Sources tell us that the ruling will come as very good news to the various members of the Los Angeles Sheriff’s department who have filed lawsuits against the department for alleged retaliation when they attempted to blow the whistle on LASD corruption and abuse.


JUDGE AWARDS $3 MILLION TO NORTHRIDGE TEENAGER, ZAC CHAMPOMMIER, WHO WAS SHOT AND KILLED BY A DEA AGENT IN INCIDENT WITH DEA AND LASD OFFICERS

This case goes back to the tragic 2010 shooting of 18-year-old Zachary Champommier that WLA reported on here and here.

Both Frank Stoltze of KPCC and The Associate Press were in court and have reports that will give you the details.

Here are two clips from Stoltze’s story:

In a rare ruling against a federal law enforcement officer, a judge in Los Angeles on Wednesday found an undercover U.S. Drug Enforcement Administration agent committed battery when he shot and killed an 18-year-old man in the parking lot of a San Fernando Valley strip mall in 2010.

U.S. District Judge Michael Fitzgerald awarded the parents of Zachary Champommier $3 million dollars in general damages. Champommier had graduated from Granada Hills High School three weeks before his death.

[SNIP]

The incident occurred as plainclothes DEA agents and L.A. County Sheriff’s Deputies gathered outside a Studio City restaurant after serving a search warrant on a nearby house. The officers were in the process of detaining a man Champommier was coming to meet.

Witnesses said that as Champommier started to drive away, he struck a sheriff’s deputy. Federal attorneys argued that DEA agent Peter LoPresti shot Champommier because he believed he was a threat. The sheriff’s deputy also fired his weapon.

And from the AP:

….They said Champommier drove his mom’s car to the parking lot to meet someone he befriended on a social networking website. The friend went looking for Champommier’s white Corolla and became a suspect when he looked into an agent’s light-colored vehicle, which had seized guns and drugs.

Agents were in the process of arresting the friend when the deputy approached the scene with his gun drawn.

Champommier’s parents claimed the deputy stepped in front of their son’s car and “vaulted” on top of its hood like a Hollywood stuntman.

Fitzgerald wrote that within two seconds of the “low-speed impact” of the collision, DEA agent Peter Taylor LoPresti fired through the driver side of the window from about 2 feet away, killing Champommier.

The judge noted that LoPresti “did not articulate at trial exactly how shooting the driver of a moving vehicle while another officer was on the hood would be helpful to the besieged officer.”

He found that five subsequent shots fired by LoPresti and the deputy “unquestionably lacked justification.”

Thom Mrozek, spokesman for the US Attorney’s office, said the government is considering an appeal.


WHAT WOULD ELMORE DO? NOW, SADLY, WE HAVE TO ANSWER THAT QUESTION ON OUR OWN

Among my favorite tales about the gloriously talented and much-beloved crime and mystery writer Elmore Leonard, who died on Tuesday, has to do with the wonderful FX series, Justified, which is based on one of Leonard’s short stories called “Fire In the Hole.” It seems that Justified’s creator, Graham Yost, was so intent on the tone of the show remaining true to Leonard’s unique voice that he gave everyone on the writing and acting staff little blue rubber wristbands printed with WWED? “What Would Elmore Do?”

For aspiring writers—hell, for any writer—those four letters are a far better guide to good work than many graduate school degrees.

A master of the American crime thriller, Leonard’s novels raised crime writing to art.

His partly humorous, part deadly series “10 Rules for Writing,” written in 2001 for the New York Times, are worth noting:

1. Never open a book with weather.
2. Avoid prologues.
3. Never use a verb other than “said” to carry dialogue.
4. Never use an adverb to modify the verb “said”…he admonished gravely.
5. Keep your exclamation points under control. You are allowed no more than two or three per 100,000 words of prose.
6. Never use the words “suddenly” or “all hell broke loose.”
7. Use regional dialect, patois, sparingly.
8. Avoid detailed descriptions of characters.
9. Don’t go into great detail describing places and things.
10. Try to leave out the part that readers tend to skip.

Of the obits I’ve read thus far on Leonard, I recommend this one by mystery novel reviewer, Marilyn Stasio for the New York Times, and this one for The Daily Beast by Malcolm Jones…and this lovely essay about Leonard’s unbeatable sense of voice, by Joan Acocella for the New Yorker.


MORE INTERVIEWS WITH CANDIDATES FOR SHERIFF: THIS TIME WITH PAT GOMEZ

Now that challengers in the race for sheriff, Bob Olmsted, Paul Tanaka and Lou Vince, have been interviewed on KABC, it’s Pat Gomez’s turn.

Pat will be on Larry Elder Thursday at 5:14 pm, and on with Doug McIntyre on Monday at 7:15 am.

We will continue to try to keep you reasonably up-to-date on events related to the race for sheriff. If we miss something please let us know.

PS: For anyone who missed the various Larry Elder interviews, then—like me—noted that the podcasts are vexingly hidden behind a pay wall, for a mere $4.95 you can buy a monthly membership to Elder’s podcast club, and listen to talk from the three previous candidates. (But don’t forget to cancel your membership when the month is up if you don’t want it to auto renew.)

Posted in 2014 election, American artists, American voices, crime and punishment, criminal justice, writers and writing | 16 Comments »

It’s LA Times Festival of Books Weekend: Be There! (My “Guns in America” Panel Is Sunday)

April 19th, 2013 by Celeste Fremon


The LA Times Festival of Books is this weekend—Saturday and Sunday—on the USC campus. If you’re a book person of any kind, this is the happiest of events—and it’s all free.

At 10:30 am on Sunday, you can see me moderate a panel on Guns in America with three stellar authors: Adam Winkler, who wrote Gun Fight: the Battle Over the Right to Bear Arms in America, and Paul Barrett who wrote GLock: the Rise of America’s Gun, and Erwin Chemerinsky, the dean of UC Irvine’s law school, Constitutional scholar, and the author of The Conservative Assault on the Constitution.

These are all very bright people with a lot to say on the topic, and I promise we will have a lively and informative time.

But there’s something for absolutely everyone at this two day event.

There are panels featuring fiction writers, political writers of al leanings, poets, wildly funny book authors, deadly serious noirish mystery writers, graphic novelists…..and so on.

There’s even a panel at 12:30 on Sunday about why you should care about the mayor’s race.

It’s hard to go wrong.

For instance, there are back-to-back panels on Sunday in Mudd hall at 1:30 and 3 pm. One features such persons as my pal Tod Goldberg, plus the wildly talented authors Hector Tober, Laila Lalami, and Nina Revoyr. (Rule of thumb for the LAT FOB, if the panel has Tod Goldberg on it, you should automatically go. It doesn’t matter the topic, just go. Trust me on this. Otherwise it will be the panel you wish you’d seen.)

The other panel is moderated by David Ulin, who—along with Patt Morrison is the absolute best at the whole moderater thingy, and features my pal Tom Bissell, who is one of the smartest people I know and a great prose stylist and he designs video games. With them is D.T. Max, author of the riveting and heartbreaking book about David Foster Wallace, Every Love Story is a Ghost Story, and deliciously talented travel writer and essayist, Pico Iyer.

But these are just two of many. Right after our Sunday 10:30 a.m. Guns panel at the Ronald Tutor Campus Center, Henry Wienstein is moderating a panel called Today’s Dangerous World, that includes terrorism expert, Brian Michael Jenkins (who in his photos has an impressively intense stare), Pulitzer winner, Mark Mazzetti, who writes about the CIA (and not comfortingly), and Jess Bravin, whose book “Terror Courts: Rough Justice at Guantanamo Bay, is not calming either. In short, the panel sounds like it will be terrific!

The schedule is here. And if you happen to attend my Sunday panel, stop by and say hi.

But if you’re a reader at all, go to the festival. Just go.

Posted in American artists, American voices, Los Angeles Times, writers and writing | No Comments »

The NY Times on CA’s Trust Act, the Fiscal Incentives for ICE Enforcement….the MacDonald Murders… and More

September 4th, 2012 by Celeste Fremon


THE NY TIMES SAYS JERRY BROWN SHOULD SIGN THE CALIFORNIA TRUST ACT

The Trust Act is one of the bills that are sitting on Jerry Brown’s desk awaiting a signature. This weekend the NY Times features an editorial explaining why he should sign it.
Here is how the NYT opinion piece opens:

There is a significant and immediate step Gov. Jerry Brown of California can take to protect community safety and civil liberties in his state.

He can sign the Trust Act, a recently passed state bill that prevents local police departments from turning their jails into immigration holding cells for noncriminals or minor offenders whose sentences are up or who should otherwise be out on bail. The act would require the police to let such people go, even if Immigration and Customs Enforcement officials have issued voluntary requests, known as detainers, that they be held until they can be picked up for deportation. Only those who have been convicted of or charged with serious or violent felonies would continue to be detained at ICE’s request.

The purpose of the act is to bring state enforcement in line with federal deportation priorities — which is to focus on dangerous criminals, national-security threats and repeat offenders. It was prompted by a troubled ICE program called Secure Communities, which enlists local authorities in immigration enforcement by doing checks on everyone they fingerprint. The program has led to the deportation of tens of thousands of minor offenders or those with no criminal records. The Trust Act is one state’s way to prevent such overkill.

Most of the state’s sheriffs, LA’s Sheriff Lee Baca most prominently included, oppose the Trust Act saying that it would force them to decide whether to violate State law or federal law.

Baca has gone so far as to say he won’t enforce the thing, even if it is signed by the governor.

Only Santa Clara Sheriff, Laurie Smith, has broken from the pack to announce that she is fine with the Trust Act. In fact she took the same stance that the LAPD has long taken with Special Order 40, maintaining that forcing local police to engage in immigration enforcement to makes immigrants less likely to report the kind of serious crimes that are a genuine threat public safety, simply because they’re fearful of being deported.

And about the claim that the Trust Act, if it is allowed to go into effect, will force local law enforcement to break either federal or state law, according to more than 30 legal scholars, this either-or interpretation of the law’s potential affect is utter nonsense. Here’s the letter the profs from such schools as Berkeley, Stanford, Yale, NYU, Penn State, Davis, Georgetown, UC Irvine, Hastings, Brandeis, and more, sent to the governor on the issue.

The letter is 8-pages of legal language, which you may find interesting, but it’s bottom line may be found in the following two statements:

The Constitution does not allow the federal government to command that local sheriffs enforce a federal regulatory regime. The regulation of immigration is no exception to this rule.

The Immigration and Nationality Act makes clear that local participation in immigration can only take place with the consent of localities.


SO IS THERE A $$$ ANGLE TO ALL THIS LEGAL CONTROVERSY?

Interestingly, while most of the state’s sheriffs oppose the Trust Act and embrace Secure Communities or S-Comm, many police chiefs, like San Francisco’s and Oakland’s— are in favor of the Trust Act.

LA’s Charlie Beck has long expressed concern about the potential negative effects of enforcing S-Comm while, as mentioned above, Lee Baca is an ardent S-Comm supporter and says, if the Trust Act is passed, he won’t enforce it.

So what could cause such a difference in perspective between county and city law enforcement agencies?

Perhaps Riverside County Sheriff Stanley Sniff has the key. Sniff, who wrote an letter urging Brown to veto the Trust Act, told David Olson of the Press-Enterprise that the bill would “… jeopardize federal funding to help pay the cost to house illegal immigrants.” Riverside, he said, has received up to $1.8 million annually for S-Comm enforcement. In other words, not locking up as many immigrants would make most or all of those nice dollars vanish.

So maybe the Trust Act isn’t a legal problem for the sheriffs as much as it is a fiscal one.

The governor has until Sept. 30 to jump one way or the other on the bill.


THE UNENDING FASCINATION WITH THE JEFFERY MACDONALD MURDER CASE CONTINUES

On Tuesday, Sept 4, the third major book on the Jeffery MacDonald murder case is being released. It is called A Wilderness of Error: The Trials of Jeffrey MacDonald, and in it, author Errol Morris, pretty much decides MacDonald is innocent of the murders of his wife and two young daughters, although Morris concedes he cannot prove MacDonald’s innocence to a certaintly.

When I say Morris’s is the third major book, I mean there have been several lessor volumes other than the two well-known examinations of the case, Fatal Vision, the monster best seller by The Selling of the President author, Joe McGinnis, and The Journalist and the Murderer by Janet Malcolm, a book that—love it or hate it—is now a staple in non-fiction literature courses.

The author of the newest book is, of course, the highly regarded writer/director of such stellar documentaries as The Thin Blue Line, which actually exonerated a man after it was released, and The Fog of War, which completely reframed the reputation of Vietnam war architect Robert McNamara while winning Morris an Academy Award.

Sunday’s NY Times, the Daily Beast, the Atlantic and others have features on the new book.

Here’s the opening of the story in the Atlantic:

It was not quite the case of the century, but Americans of a certain age are likely to remember the savage, 1970 murders of Army doctor Jeffrey MacDonald’s wife and daughters and his subsequent convictions on first and second degree homicide. Or, they remember the story of the case popularized by Joe McGinniss in Fatal Vision and, perhaps, the story of McGinniss and MacDonald, told by Janet Malcolm in The Journalist and the Murderer.

Now comes documentary filmmaker Errol Morris with his new book A Wilderness of Error, a devastating expose of the incompetence and corruption that enabled MacDonald’s conviction and continues to obstruct his appeals. MacDonald, now 68, has been imprisoned for 30 years, denied parole because he continues to deny his guilt, as his efforts at exoneration continue, decades after conviction. Last April, the 4th Circuit Court of Appeals ordered a new hearing in his case, scheduled in September 2012.

As Morris observes, it’s impossible to know “with absolute certainty” whether MacDonald is guilty or innocent. But evidence of innocence wrongly excluded from his trial, including multiple confessions from other suspects, seems considerably stronger than evidence of guilt, and Morris, a dogged, discerning investigator, makes clear that MacDonald was “railroaded.” Personally, I don’t have a shadow of a doubt that in a fair trial, a relatively unbiased jury would not have found him guilty beyond a reasonable doubt (and I’ve contributed to his defense fund).

What went wrong in this case? The short answer, Morris suggests, is that military police and, eventually, civilian prosecutors assumed a conclusion and selected evidence to support it. “When police arrive at a scene, like any of us, they try to formulate an idea of what happened … they take the seeming chaos of a crime scene and interpret it. Often the explanation is based on convenience. It’s easier to pick one narrative about an explanation than another.”

EDITOR’S NOTE: Just to be clear, we aren’t taking a side in this. We’re just noting that the case continues to fascinate and frustrate a bunch of smart people, each of whom seems to read a different answer in the facts available.


WHAT HAPPENS WHEN THE U.S. SUPREME COURT HAS TO DECIDE WHETHER OR NOT TO STOP AN EXECUTION

In Tuesday’s NY Times Adam Liptak takes a look behind the metaphorical curtain to find out what kind of process the Supremes and their respective staffs go through when they deal with requests to stay executions.

This isn’t a news story but rather a peek backstage to look at one small part of the way SCOTUS works and it’s quite intriguing. Here’s a clip:

John Balentine was an hour away from being put to death in Texas last month when the Supreme Court granted him a stay of execution.

The unseemly and unsettling spectacle of a last-minute legal scramble in the shadow of the ultimate deadline, with the condemned inmate waiting for word of his fate just outside the death chamber, may suggest that the Supreme Court does not render considered justice when it is asked to halt an execution.

But it tries. Indeed, the court goes to extraordinary lengths to get ready, and its point person is a staff lawyer named Danny Bickell.

“Cases where there is an execution date,” he said with a sigh, “that’s where I come in.”

Mr. Bickell’s formal title is emergency applications clerk, but capital defense lawyers have an informal title for him, too. They call him the death clerk.

In remarks at a conference of lawyers specializing in federal death penalty work at a hotel here last month, Mr. Bickell provided a rare inside look at the Supreme Court’s oversight of the machinery of death in the United States.

It starts with a weekly update…..

Posted in American artists, American voices, crime and punishment, Edmund G. Brown, Jr. (Jerry), immigration, LAPD, LASD, Realignment, Sheriff Lee Baca, Supreme Court, writers and writing | 1 Comment »

« Previous Entries