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Friday’s Juvenile Justice Must Reads (Plus Bear & Wolf Stories)

May 4th, 2012 by Celeste Fremon


by Taylor Walker



USING PHOTOGRAPHS TO CHANGE MINDS ABOUT LOCKED UP KIDS

The Juvenile-in-Justice project, created by Photographer Richard Ross, documents the conditions youths live in within the juvenile justice system. The project is intended to raise awareness and will include traveling exhibit and a book–both due Fall 2012. The Juvenile-in-Justice book will include over 1000 photos of incarcerated juveniles and over 200 photos of staff and essays from This American Life’s Ira Glass and the Annie E. Casey Foundation’s Bart Lubow. The website and blog about the project features amazing images and interviews and is absolutely worth visiting.

Here’s what Ross has to say about the project in a personal statement:

In the past I have photographed for major magazines, newspapers and institutions. At this phase in my career I am turning my lens towards the juvenile justice system and using what I have learned in 40+ years of photography to create a body of work of compelling images to instigate policy reform. My medium is a conscience. My products are photographic and textual evidence of a system that houses, on any given day, over 90,000 kids.


TRAGEDY ALL AROUND WHEN A 14-YEAR OLD LA BOY KILLS HIS ICE AGENT DAD

A 14-year-old was arrested Wednesday on suspicion of shooting and killing his father, a Los Angeles-based ICE agent. Authorities say the boy shot his father, Myron Chism, in the back of the head with Myron’s federal-issued handgun.

AP’s Greg Risling has the story. Here’s a clip:

The father was found dead after the boy called 911 late Wednesday and said the man had been shot in the back of the head by a bullet fired through a window from the backyard of their home in Carson, near Los Angeles, sheriff’s officials said.

“Evidence gained from the scene and statements made by the suspect” led to the arrest, sheriff’s Lt. Holly Francisco said.

The boy was taken into custody at the home and booked for investigation of murder.

No motive for the killing was released.

LA Times’ Matt Stevens and Kim Christensen also covered the story.

Larry Altman of the Long Beach Press-Telegram too has a lengthy report.

Let us hope that prosecutors don’t compound this tragedy by racing to try the boy who killed his dad as an adult so they can give him the usual LWOP sentence.


SPLIT CALIFORNIA APPEALS COURT SAYS 50-TO-LIFE SENTENCE FOR 16-YEAR-OLD SHOULD REMAIN

In a 2-1 split decision this week, a California appeals court upheld a 50-to-life sentence given to a 16-year-old. Quochuy “Tony” Tran was charged in 2007 with killing 15-year-old Ichinkhorloo “Iko” Bayarsaikhan at an Alameda park after two groups of kids yelled insults at each other. Tran’s five friends, who were with him the night of the shooting, were also tried for murder, but in juvenile court, while Tran was tried as an adult for the killing, which appeared to be the result of an angry impulse and a single shot. As a result, a girl is dead and a young man will live out most of his life in prison.

Here’s a clip from the story by Bob Egelko from the SF Chron:

Tran’s sentence was “proportional to his crime,” said Presiding Justice William McGuiness in the ruling by the First District Court of Appeal. He said Tran was the instigator of the killing and an attempted robbery that preceded it. And under legal precedent, McGuiness said, the U.S. Supreme Court has only shielded minors from sentences of death or, in non-homicide cases, of life without the possibility of parole. The high court is considering whether to extend those rulings to a ban against all life-without-parole sentences for juveniles, but McGuiness said that wouldn’t apply to Tran because it’s possible he will be paroled within his lifetime.

But dissenting Justice Stuart Pollak said the logic of the previous rulings should also apply to a youth like Tran whose crime, while “horrible and tragic,” was the result of “a single sudden and impulsive act.”

Pollak said a counselor who worked with Tran after he was jailed described him as ”a child … angry, impulsive, and dangerous,” who matured into “an admirable, independent-minded young man.” Although the crime deserves severe punishment, the justice said, Tran is capable of rehabilitation and should have a chance to live some portion of his adult life outside prison.

The state Supreme Court has already agreed to decide whether another 16-year-old, who was sentenced to 110 years in prison for three attempted murders, is constitutionally entitled to a realistic chance at parole. Tran’s lawyer, Frank McCabe, said he’ll ask the court to review his case as well.

You can read the Bay City story on his conviction here.


EDITOR’S NOTE: AND THERE WAS ALSO THE ALTADENA BEAR STORY…AND A WOLF UPDATE

Okay, admittedly not a juvenile justice story, although there were bear cubs involved…

However, after the often painful stories we deal with here, we figured perhaps some cool bear footage was called for.

And while we’re on the general topic, it looks like OR7, the young male wolf who’s been wandering between Oregon and northern edge of California, is back in our fair state again as of May 1.

For those interested who live in No Cal, wolf biologist Carter Niemeyer (whose work I know from the state of Montana) will be in the Bay area talking about wolfish topics in a four event tour that kicks off on May 6.

Posted in American artists, American voices, LWOP Kids, bears and alligators, juvenile justice | No Comments »

LAUSD Cuts, What KCET Found Inside Children’s Court, How the CDCR is Changing Methods…and More

March 14th, 2012 by Celeste Fremon



LAUSD BOARD GRITS TEETH….THEN SLASHES AND BURNS: VOTES TO CUT ALL ADULT SCHOOLS….AND A LOT MORE, HOPES THAT A PARCEL TAX & UNION CONCESSIONS WILL SAVE ALL

The LA Times Stephen Ceasar reports:

The Los Angeles Board of Education approved a preliminary, worst-case $6-billion budget Tuesday, a plan that would eliminate thousands of jobs, close all of the district’s adult schools and cut some after-school and arts programs.

But Supt. John Deasy presented a less severe deficit than initially expected to the board and several scenarios that would restore millions in funding and save some programs from either elimination or partial cuts before the budget is finalized. Much of that, however, is contingent on voters’ passing the governor’s tax initiative in November, which he hopes would stave off more education cuts.

“I can say that this budget, even with its clear and present dangers, remains a budget of hope,” said board member Steve Zimmer. Deasy then interjected, “I don’t want to hope, I want to plan.”

The very excellent Tami Abdollah of KPCC has LOTS more.


KCET’S SO CAL CONNECTED GOES INSIDE CHILDREN’S DEPENDENCY COURT, FINDS POTENTIAL DISASTERS

KCET’s So Cal Connected (which has been on a roll in the past year) brought cameras inside LA’s children’s dependency court, and saw a lot that alarmed producer Karen Foshay, and correspondent Jennifer London.

The first of the resulting episodes aired last Friday. The second will air this coming Friday, March 16.

Both episodes demonstrate why Judge Michael Nash’s controversial order to open the court to the press is so important—despite the loud protests by those who thought reporters would trample on the rights of the children whose lives were being decided at these formerly closed proceedings.

Here’s what KCET had to say about episode 2, titled Courting Disaster.

Los Angeles County’s Dependency Court is the largest in the nation, handling 25,000 children. For the first time television cameras were granted access, revealing in graphic detail how deep budget cuts are devastating our justice system and putting our most vulnerable citizens at risk. We profile Judge Amy Pellman who is scheduled to hear 33 family cases in six hours, sometimes deciding a child’s fate in as little as three minutes. We meet parents who have completed counseling programs and are hoping the judge will grant them custody of their son. But other parents are stuck, unable to get into overcrowded programs that are required in order to get their children back.

We see how judges and attorneys often learn the facts of a case only minutes before the case is heard; how attorneys who are supposed to represent 160 children are burdened with 240 cases. More delays and backlogs are inevitable as 300 layoffs and 50 courtroom closures are scheduled to occur in L.A. County, following a statewide $650 million slash in funding.

California Chief Justice Tani Cantil-Sakaueye says “I think its devastating to be told to come back in four months and that we’ll hear your case on child custody. What’s a person to do in four months?”

Hell, we certainly wouldn’t want reporters looking into any of that.

And, by the way, So Cal Connected focused on exactly the sort of thing that has rarely been adequately reported. We will hear about the ghastly tragedy of a child dying at the hands of abusive parents, but we rarely hear about the everyday tragedies that occur when a system with the power to save or ruin the lives of children and families is overburdened.


CA DEPT. OF CORRECTIONS OUTLINES NEW POLICIES FOR HANDLING PRISON GANGS, AND FOR CLASSIFYING PRISONERS AS TO RISK

As the CDCR rightly states, California prisons manage “the most violent and sophisticated prison gangs in the nation.” Sadly, yes. That’s about right. And much of that management in the past has been to crack down hard, and then crack down some more.

How has this strategy worked out? Not all that well, actually—at least in the long term. Or as the CDCR put it, “Although this [suppression only] strategy reduced violence in prisons, it lacked prevention, deterrent and interdiction components.”

So what did the CDCR do? To their great credit, after 25 years of ever-more aggressive crack downs, they decided to stop and really examine the problem, and then try to institute the most effective methods to solve it, rather than the methods they’d always used.

Here is the report on the new methods that have resulted.

I’ll tell you about the report in more detail in the future, but for now, suffice it to say that it’s quite smart—and, among other things, gives gang members who are willing, a step-by-step road out that is rehabilitative rather than punitive.

It is also good news to note that, in a separate but related report, the CDCR has redone it’s risk classification system. In short, they found that they were overclassifying and/or misclassifying prisoners, which they discovered did greater damage to the prisoners and to public safety, then did underclassing them. Research showed that prisoners who were overclassified—i.e. put in more restrictive units than their behavior warranted—were more likely to act out, more likely to learn criminal behavior from the truly hard cases, and more likely to do poorly when they paroled. (Here’s the report.)

More on this too at another time. In any case, it’s really, really good to see the CDCR stepping up and doing the right thing in these crucial but difficult areas.

Go CDCR!

PS: It’s important to note that many of these reform elements were requested by the prison hunger strikers of last year, during the hunger strike that began at Pelican Bay’s SHU (Secure Housing Unit) and then spread throughout the system.

PPS: As the CDCR points out, these changes are made possible by the population relief brought by realignment, which is exactly right. Despite all the wailing, realignment is wise and necessary. Change is painful in the beginning, but under Jerry Brown’s governorship, Matt Cate and the CDCR is actually starting to slowly but steadily make genuine progress.


ANIMAL ADOPTIONS UPS—AND SO IS EUTHANASIA IN LA’S SHELTERS

Commissioners resigning, euthanasia is up, three of the five commissioners who oversee the Department of Animal Services have recently resigned thus paralyzing the department, a million dogs are running around LA unlicensed, is LA’s critter oversight a mess? Warren Olney with Which Way LA? wades into the issue.


AUTOPSY SHOWS JAIL INMATE’S DEATH LIKELY CAUSED BY DRUGS GIVEN HIM FOR MENTAL ILLNESS

LAT’S Robert Faturechi and Jack Leonard report.


CALIF. PRISON INMATE FINDS HE HAS TALENT FOR SCHOLARSHIP IN HIEROGLYPHICS

Read this very cool Column One story in the LA Times by Thomas H. Maugh II.


Photo by KPCC’s new education reporter Tami Abdollah

Posted in CDCR, California budget, DCFS, Education, Foster Care, LAUSD, bears and alligators, prison policy | No Comments »

Judge Nash Issues Order to Open Juvenile Dependency Court…and More

January 31st, 2012 by Celeste Fremon


Juvenile Court Presiding Judge Michael Nash did a brave and important thing on Friday—and then again on Monday.
On Friday he issued a draft order to open the Juvenile dependency courts to the press, allowing fresh air into a system in Los Angeles County that has long been disastrously closed. Then on Monday, he had a hearing on the matter and announced that he planned to make the order permanent.

In case you’ve forgotten, Juvenile dependency courts are the places that hear child abuse and neglect cases.

Nash was originally going to open the courts to the public as well as the press, but he ran into a lot of resistance.

So, according to Friday’s draft order, the courts will remain closed to the public unless a certain set of criteria are met in individual cases. However, the new default position will be that press will be allowed in— unless anyone can show clear cause that having reporters in a hearing will harm a child.

As the order itself states:

Members of the press shall be allowed access to Juvenile Dependency Court hearings unless there is a reasonable likelihood that such access will be harmful to the child‟s or children‟s best interests.

Richard Wexler of the NCCPR—the National Coalition for Child Protection Reform— expressed the view of the many child welfare experts who have been advocating for LA’s court to get some fresh air. Here’s a clip from Wexler’s blog post on the topic:

If Judge Nash proceeds with this order as written, it will be a significant step forward in holding the county Department of Children and Family Services and the courts themselves accountable for what the system does to children and families in Los Angeles. As we explain in our Due Process Agenda, none of the many other state and local systems that have opened these courts has closed them again because all the fears of opponents proved groundless…

Not everyone agrees. Former foster child, Marcy Valenzuela wrote an Op Ed for the LA Times last fall explaining why she felt the courts should stay closed.

Juvenile dependency courts exist to protect children and youths who have been neglected and abused, so it’s shocking that the presiding judge who oversees the Los Angeles County Superior Court’s juvenile division is pushing a plan that puts foster children and youths at risk of further harm.

If Judge Michael Nash’s order stands, vulnerable children, youths and their families, who are already dealing with painful consequences of neglect and abuse, would face the additional burden of proving why the most intimate details of their lives should be kept private.

The primary movers against letting light into the courts, are not child advocates, but the unions for the grown-ups, those who represent the social workers, et al. They have fought hard to keep the hearings secret.

However, Nash is clear on the issue.

There is a lot that is not good [in the dependency courts], and that’s an understatement,” the LA Times reported that Nash said earlier this year at a Sacramento hearing on the issue. “Too many families do not get reunified…. Too many children and families languish in the system for far too long. Someone might want to know why this is the case.”

Exactly.

According to advocates who were present at Monday’s meeting, Nash said he would issue a final order very soon.


AND LEST WE STRAY TOO FAR FROM THE LASD & JAILS…THE LA TIMES EDITORIAL SAYS: YES, LA COUNTY’S JAILS ARE BROKEN, BUT EVERYBODY NEEDS TO THINK BEFORE PRESCRIBING A $1.4 BILLION DOLLAR ONE-DIMENSIONAL, BUILD-A-JAIL FIX

Or words to that effect. Mainly, Monday’s very well written editorial echos what we said last week before and after the board of supervisors meeting, regarding the need to look at the whole picture before rushing off and throwing a billion and a half dollars at jail building.

And by “the whole picture, this includes the suggestions contained in the very lengthy and very smart Vera Institute report on the county’s jail over crowding issue and what to do about it ( a report that was, by the way, ordered and paid for by the county). And it also means waiting to look at the upcoming report on the same issue from jails and prison expert Jim Austin, due in late February.

Anyway, a big thank you to the Times editorial board, who said all of the above more elegantly than we did.


THEN WHILE WE’RE ON THE SUBJECT OF WISE GOVERNANCE….WHAT’S UP WITH GOV. JERRY TRYING TO DO AWAY WITH THE HAYDEN BILL, WHICH HAS PROTECTED CALIFORNIA’S PETS FROM NEEDLESS EUTHANASIA SINCE 1998?

Former California senator Tom Hayden (and current critter owner) explains everything. (See above video.)

Yes, yes, we’ve heard that the legislative analyst says that doing away with this bill will save the state money. Okay, sure. And having no shelters at all will save the state even more money. BUT THAT DOESN’T MAKE IT A GOOD IDEA.

Raise fees. Whatever. But do not even think of trying to vaporize the law that prevents precipitous critter euthanasia—which could, in turn, mean that if by some chance our four-footed family members get lost, get out of the house for an unscheduled walkabout, or get separated from us by some unforeseen force majeure, they could be killed dead before we’ve had the chance to track them down.

No. Not a workable solution, Jerry.

Seriously—Ask yourself, WWSD? What would Sutter do?

Okay, see? I rest my case.

Posted in Courts, DCFS, Edmund G. Brown, Jr. (Jerry), Foster Care, LA County Board of Supervisors, LA County Jail, LASD, State government, bears and alligators, jail | 4 Comments »

Short Takes: Presidential Pardons, 9th Circuit on Grizzlies, & Bratton on Pepper Patrol, The LA Times on Jails Building

November 23rd, 2011 by Celeste Fremon



GOOD NEWS, OBAMA ISSUES FIRST COMMUTATION OF HIS PRESIDENCY. BAD NEWS: WHAT TOOK HIM SO LONG? AND WHY JUST ONE?

Late Monday, the President pardoned five people and issued one commutation.

This is all very nice, of course. But many of us who follow such things wonder why he has only pardoned a grand total of 22 people (plus that single commutation) while by the same time in his presidency, Jack Kennedy had pardoned or commuted the sentences of 600 Americans. Why, people ask, has Obama has has left such an important presidential power lying nearly fallow?

Julie Stewart, the President, Families Against Mandatory Minimums (FAMM) is one of those who thinks Obama could have done a lot more by now. She writes for the Huffington Post. Here’s how her column begins:

This week, President Barack Obama won’t just be pardoning turkeys. He decided to throw some human beings in the mix, too. He pardoned five people, restoring their civil rights, and even issued his first presidential commutation to Eugenia Jennings, reducing her sentence so that she can return home to Missouri to recover from cancer and watch her daughter graduate high school.

Her commutation is long overdue.

In 2001, Jennings was a survivor of domestic abuse and had a long-standing struggle with drug addiction. She began selling small quantities of crack cocaine to support herself and her three children. When she sold a mere 13.9 grams of crack cocaine to a police informant, Jennings received a 22-year sentence. No guns were involved; no one was hurt.

Jennings spent her decade in federal prison conquering her addiction, educating herself, and speaking publicly to students, warning them of the consequences of drug use. Earlier this year, Jennings was diagnosed with cancer. She has received chemotherapy treatments in prison and shows positive signs of an eventual recovery.

Jennings’s commutation is no fluke — her pro bono legal team from the Washington, D.C. firm of Crowell & Moring built a wide network of supporters and advocates, including Senator Richard Durbin (D-Ill.). Sen. Durbin first learned about Eugenia’s outrageous sentence when her brother, Cedric Parker, testified before Congress. Sen. Durbin and Jennings’s lawyers fought tirelessly for her release for three years.

Unfortunately, the use of the pardon power has become seen as such political anathema that this kind of herculean effort — and lengthy wait — is what it takes to get justice. It wasn’t always this way. President Obama has now been in office as long as President John F. Kennedy, but Kennedy granted over 600 pardons and commutations during that time. President Obama has granted 22 pardons and one single commutation…..


9TH CIRCUIT RULES THAT YELLOWSTONE GRIZ MUST STAY ON THREATENED LIST FOR NOW

In 2007, the U.S. Fish and Wildlife Service lifted Endangered Species Act protections from the grizzlies scattered through Montana, Wyoming and Idaho.—contending that they were a recovery success story. However, US District Judge Donald Malloy granted summary judgment that vacated the feds’ delisting plans at least for the 500 or so bears in the Greater Yellowstone area. A three judge panel ruling for the 9th Circuit Court of Appeals agreed, concurring with advocates who said that the Fish and Wildlife folks had not adequately guarded against changes in circumstances that could once again reduce the bears’ numbers.

Reuters has more.

The LA Times also has a good story on the griz issue.

PS: Since I spend some time in West Glacier, MT, every summer, an area that like greater Yellowstone is grizzly central, I’ve observed bear management up close for nearly 30 years. It’s a delicate matter. I’ve also been able to observe my share of grizzlies of various sizes, ages and genders, over those same years. It’s a privilege I treasure. Thus I’m personally deeply grateful to the three judges of the 9th Circuit panel, and also to Judge Malloy before them, for erring on the side of caution when it comes to protecting the great bear.


BILL BRATTON ET AL HIRED TO INVESTIGATE UC DAVIS PEPPER SPRAYING DEBACLE

Does the UC System really need former LAPD Chief Bill Bratton and his New York-based Kroll security consulting firm in order to aggressively investigate the insanely shocking pepper spraying at UC Davis? Uh, no, it’s a bit of overspray.…uh overkill.

On the other hand, one could also argue that it’s a great PR move designed to communicate that UC President Mark G. Yudof is taking this really, really, really seriously.

Which is good.

As long as the price Bill and group charge isn’t too high.

Larry Gordon of the LA Times has more.


NO $1.4 BILLION TO BUILD AND RENOVATE JAILS UNTIL SHERIFF BACA GETS HIS EXISTING HOUSE IN ORDER, SAYS THE LA TIMES

Good call, Times editorial board! (This is, by the way, the second good jails-related editorial from the Times in the last few days. There was also this on Tuesday.)

Here’re a couple of clips from Wednesday’s editorial on the matter:

In the coming weeks, the Los Angeles County Board of Supervisors is expected to decide whether to approve a $1.4-billion jail construction project that would help ease overcrowding at Men’s Central Jail and prevent the early release of some inmates. The county’s chief executive and Sheriff Lee Baca argue that the plan, which calls for rebuilding one facility and expanding a second, would make the nation’s largest jail system safer and cheaper to operate.

It’s hard to argue with the need or the logic. The Men’s Central building is so dilapidated and so overcrowded that in 2006, U.S. District Judge Dean D. Pregerson described conditions as “not consistent with human values.” Renovations would make it safer for deputies as well as for inmates. What is questionable, however, is whether Baca should be given new or refurbished jails when he’s so clearly struggling to run the ones he has.

[BIG SNIP]

Yes, the county’s jails need help, and Men’s Central needs to be replaced. But the Sheriff’s Department should demonstrate that it can properly operate the jails already under its control before it asks taxpayers to spend another $1.4 billion.

Posted in Board of Supervisors, How Appealing, LA County Board of Supervisors, LA County Jail, LASD, Obama, Occupy Wall Street, Sheriff Lee Baca, Uncategorized, bears and alligators, jail | 2 Comments »

5 Monday Must Reads

April 25th, 2011 by Celeste Fremon


POLITICS TRUMPS SCIENCE: MT & IDAHO WOLVES REMOVED FROM THE ENDANGERED SPECIES ACT

In a completely incredible move that flew beneath the radar of many, and completely bypassed the interest threshold of others, Senator Jon Testor and Rep. Mike Simpson from Montana and Arizona respectively, managed to get an inconspicuous, 11 line rider on this month’s must pass budget bill, that removed the Rocky Mountain Gray Wolf from the endangered species list in Montana and Idaho. What is more, the rider forbids judicial review.

In other words, screw the science or the legality of the wolves survival, politics and special interest groups won out.

The LA Times’ Kim Murphy has a good factual story on the matter here.

But it is Friday’s NY Times editorial that best gets to the heart of the matter. Here is a clip:

As part of its budget bill, Congress approved a brief rider, 11 lines long, that removes gray wolves in Idaho and Montana from the protections of the Endangered Species Act. The rider overturns a recent court ruling, prohibits further judicial review and cannot be good for the wolf. But the worst part is that it sets a terrible precedent — allowing Congress to decide the fate of animals on the list.

The law’s purpose is to base protections on science. Now that politics has been allowed to trump science when it comes to the gray wolf, which species will be next?

The rider’s sponsors, Senator Jon Tester of Montana and Representative Mike Simpson of Idaho, were responding to the demands of ranchers, who sometimes lose livestock to wolves, and hunters, who complain that wolves reduce deer and elk populations.

Sadly and surprisingly, they were abetted by Interior Secretary Ken Salazar, who declared last month that he would accept what he called a “legislative solution” to the status of the wolf in the Rocky Mountains. One Interior Department official has argued that without this concession, the rider might well have been far more radical — possibly removing wolves everywhere from protection.


There is so much emotion and disinformation on the issue of wolves in the Rockies.

It is very disappointing that Jon Testor, whom I usually like, was one of this wrong-head bill’s sponsors.


A BROTHER (AND BROTHER-IN-LAW) OF TWO MURDER VICTIMS CONTEMPLATES THE DEATH PENALTY AND THE MEANING OF MERCY

Read this painful NY Times Op Ed. It has no easy answers but contains much sorrow, anger, confusion and humanness.


CASE OF NEW JERSEY MAN AND MANDATORY STRIP SEARCHES

It looks like the case of Albert Florence is headed to the Supreme Court this fall. The question is whether it is a violation of the 4th Amendment to automatically strip search everyone who passes into a jail cell. It’s an interesting case, and one that bears watching.

Read more at the NJ Star Ledger.


THE GUANTANAMO FILES

Monday the New York times begins its series called The Guantanamo files, based on the latest pile of Wikileaks—all a definite Must Read.


CDCR SAYS SAC BEE EDITORIAL ABOUT BROWN/PRISON GUARD CONTRACT IS FULL OF FACTUAL ERRORS

The California Department of Corrections took strong issue with the Sac Bee’s editorial criticizing Jerry Brown’s recently negotiated contract with the CCPOA—the prison guards union—and they make a good case.

Posted in bears and alligators, environment | 2 Comments »

The Sanctity of Facebook Posts: A Constitutional Fight Brewing? …. and More

April 1st, 2011 by Celeste Fremon



SHOULD STATE BE ABLE TO DEMAND A JUROR’S FACEBOOK POSTS? CALIFORNIA SUPREMES WANT THE QUESTION CAREFULLY CONSIDERED

This one’s a doozey and is shaping up to be a Constitutional battle. On one side you have the right to privacy and freedom of expression, on the other hand you have the constitutional rights of the accused.

Here’s what the case is about as the Sac Bee reports it:

[A Sacramento juror named Arturo Ramirez] posted his online remarks in a gang-beating trial last year in which five men were convicted. Before the defendants were sentenced, defense lawyers found out about his Facebook postings.

Mostly, the writings chronicled the juror’s attendance at the trial in which he later served as foreman of the panel. At one point in his writings, Ramirez said he found the evidence “boring.”

Defense attorneys asked Sacramento Superior Court Judge Michael P. Kenny to retrieve all of the juror’s postings to see if he was biased or if he was influenced by any of his Facebook friends.

Kenny on Feb. 4 ordered Ramirez to allow Facebook to make the postings available for a private review. Facebook had opposed releasing the postings on its own, citing federal computer privacy law….

Mike Wise, the lawyer for one of the defendants in the gang case, said it is critical for his side to see what Ramirez wrote to make sure the defense clients received a fair trial. Wise on Wednesday also welcomed the state Supreme Court decision.

“I think it’s a great opportunity to resolve the issue,” he said. “I think in the end, the constitutional rights of the accused will prevail over the privacy rights of the juror.

A new hearing on the matter is expected soon.


BRUCE SPRINGSTEEN WRITES LETTER TO THE EDITOR OF THE ASBURY PARK PRESS PRAISING STORY ABOUT HOW BUDGET CUTS ARE AFFECTING MANY OF THE POOR

To wit:

Thank you for your March 27 front-page story by Michael Symons, “As poverty rises, cuts target aid.” The article is one of the few that highlights the contradictions between a policy of large tax cuts, on the one hand, and cuts in services to those in the most dire conditions, on the other…..

And so on.

Nice to know that The Boss is paying attention to such things, as the US Congress doesn’t seem to be concerned.


BRONX ZOO EGYPTIAN COBRA FOUND AND RECAPTURED…. (NO WORD ON WHETHER THE SNAKE WILL HOST SNL)

Entertainment Weekly reports.

You may now breathe a ssssigh of relief. After escaping from a cage at the Bronx Zoo last week and going MIA, a venomous 24-inch Egyptian Cobra was found on Thursday by zoo staffers. Was it captured while slithering its way through Central Park? Catching a Knicks game at Madison Square Garden? Enjoying a quiet dinner at an Italian bistro in the Village? Nope. She was just coiled up in a dark corner of the reptile house, a mere 200 feet from her cage, and is now “resting comfortably and secure,” according to zoo officials. (Cue the singer from Survivor: The search is over/you were with me all the while…)

The snake, who insists she is a female (at least in her very popular Twitter incarnation), has launched a Facebook campaign to host Saturday Night Live.


THE QUESTION OF HUFF POST NOT PAYING ITS WRITERS ISN’T GOING AWAY

Author Michael Walker is the latest voice to question the Huffington Post’s no-pay policy for its freelance writers. The clip below is from his LA Times Op Ed.

Should stage owners who profit from the talent appearing on those stages be obliged to pay the talent in something other than exposure?

<strongTwo labor disputes over talent and compensation, three decades apart yet eerily similar, suggest the issue remains as vexing as ever.

The more recent concerns whether the Huffington Post should pay its non-staff writers and bloggers, who supply most of the popular website’s content for free. Arianna Huffington, who sold the site she cofounded to AOL in February for $315 million, has increasingly come under fire for not paying for most of the content she runs.

Last week the Newspaper Guild called on its 26,000 members to boycott the Huffington Post in support of a “virtual picket line” until a pay schedule for writers was established.

The core of Huffington’s justification for not paying is that the Huffington Post is a showcase for writers, and that exposure there leads to paying gigs and greater visibility. Huffington merely — and generously, by her estimation — provides the stage. Mario Ruiz, the Huffington Post’s spokesman, claims that contributors are happy to write for free because they “want to be heard by the largest possible audience and understand the value that that kind of visibility can bring.”

This was precisely the argument put forth 32 years ago by Mitzi Shore, the owner of L.A.’s Comedy Store, for not paying the comedians whose performances filled her club night after night…..

Posted in American artists, Courts, Economy, Free Speech, bears and alligators | 4 Comments »

Must Read (and Watch): the Friday Edition

November 12th, 2010 by Celeste Fremon


WHAT KILLED AIYANA STANLEY-JONES?

Former NY Times Pulitzer winner, Charlie Le Duff, writes about the death of Aiyana Stanley-Jones. But the story is about a zillion more things than the single tragedy of a little girl being killed when Detroit SWAT burst into the wrong apartment and shots for reasons that are still not adequately explained, except that the cops were busy filming a reality show, so maybe got over-hyped up on the Hollywood drama.

Le Duff, who has long been able to write like an angel when he wants to, (and he wants to here), has also woven into the story’s causal threads the multi-leveled miseries of Detroit, as he writes about what one tragedy can teach us about the unraveling of America’s middle class.

Look: you just need to read the thing.

Here is how it opens:

IT WAS JUST AFTER MIDNIGHT on the morning of May 16 and the neighbors say the streetlights were out on Lillibridge Street. It is like that all over Detroit, where whole blocks regularly go dark with no warning or any apparent pattern. Inside the lower unit of a duplex halfway down the gloomy street, Charles Jones, 25, was pacing, unable to sleep.

His seven-year-old daughter, Aiyana Mo’nay Stanley-Jones, slept on the couch as her grandmother watched television. Outside, Television was watching them. A half-dozen masked officers of the Special Response Team—Detroit’s version of SWAT—were at the door, guns drawn. In tow was an A&E crew filming an episode of The First 48, its true-crime program. The conceit of the show is that homicide detectives have 48 hours to crack a murder case before the trail goes cold. Thirty-four hours earlier, Je’Rean Blake Nobles, 17, had been shot outside a liquor store on nearby Mack Avenue; an informant had ID’d a man named Chauncey Owens as the shooter and provided this address.

The SWAT team tried the steel door to the building. It was unlocked. They threw a flash-bang grenade through the window of the lower unit and kicked open its wooden door, which was also unlocked. The grenade landed so close to Aiyana that it burned her blanket. Officer Joseph Weekley, the lead commando—who’d been featured before on another A&E show, Detroit SWAT—burst into the house. His weapon fired a single shot, the bullet striking Aiyana in the head and exiting her neck. It all happened in a matter of seconds.

“They had time,” a Detroit police detective told me. “You don’t go into a home around midnight. People are drinking. People are awake. Me? I would have waited until the morning when the guy went to the liquor store to buy a quart of milk. That’s how it’s supposed to be done.”

But the SWAT team didn’t wait. Maybe because the cameras were rolling, maybe because a Detroit police officer had been murdered two weeks earlier while trying to apprehend a suspect. This was the first raid on a house since his death……


KPCC REACHES OUT TO INMATE FAMILIES TO EXPLORE THE IMPACT OF LONG AND FREQUENT LOCKDOWNS IN CALIFORNIA PRISONS

This is a chronic problem that has gotten worse with the state’s budget woes, as prison dorms and cell blocks are repeatedly put on lockdown after lockdown as a way of saving money in the face of staff cuts (in addition to all the other reasons that prisons are put on lockdown, sometimes questionably, often for way too long.).

Lockdowns mean no visits from family, no phone calls, restricted movement or activities—meaning little or no yard time or anything else that might be deemed constructive or rehabilitative.

I hear about lockdowns all the time anecdotally from family of inmates or from the inmates themselves (once the lockdown is lifted). But there is virtually no reporting on the phenomenon.

So to gather information, KPCC’s Sharon McNary is putting out the word on the web to families:

If you live, work or have loved ones in a California state prison, please help our reporters understand the impact of inmate lockdowns from your perspective.

What do you know about the causes and fallout of prison lockdowns? Who is helped or harmed when the movement, phone access, visitation and other activities of thousands of inmates are restricted for weeks, sometimes months at a time?

Your responses are confidential, nothing you share here is aired or published without your permission. A reporter or producer may call or write for more information.

I look forward to the stories that will come out of this reporting.


THE DAILY BEAST MARRIES NEWSWEEK? UM, OKAY, I GUESS.

Here is the wedding announcement issued by DB’s Tiny Brown:

Some weddings take longer to plan than others. The union of The Daily Beast and Newsweek magazine finally took place with a coffee-mug toast between all parties Tuesday evening, in a conference room atop Beast headquarters, the IAC building on Manhattan’s West 18th Street. The final details were only hammered out last night.

What does this exciting new media marriage mean? It means that The Daily Beast’s animal high spirits will now be teamed with a legendary, weekly print magazine in a joint venture, named The Newsweek Daily Beast Company, owned equally by Barry Diller’s IAC and Sidney Harman, owner (and savior) of Newsweek. As for me, I shall now be in the editor-in-chief’s chair at both The Daily Beast and Newsweek….

And so on.

As media theorist and prof Jay Rosen tweeted last night after the announcement: “Still waiting for the media reporter who would explain the logic.”

Yeah, I’m kinda there with Rosen on that matter.

Meanwhile, an amusing trending topic on Twitter Thursday night was #oddmediamergers.


JON STEWART AND RACHEL MADDOW FOR AN HOUR

As you likely know—or at least you oughta know—Jon Stewart was on the Rachel Maddow Show for nearly an hour Thursday night.

The full hour video may be found here.

I found it riveting.


A NOTE ABOUT THE ABOVE PHOTO: After spending nearly four months in a dogless household following the death of my beautiful 16 1/2 year old wolf dog this past July, I decided it was time to add a new four-footed beast to the family before I got too used to clean rugs and not having to wipe off muddy paws during the rainy season. Enter Lily-the-mini-wolf, who is 8 weeks old as of Thursday and has been residing at my house since late Saturday night.

She and her litter-mates were snatched by a rescue agency from a horrid circumstance involving idiots breeding 50-plus half-starved wolf-dogs in a single house, Lily being one of the 50. She somehow lost half of her tail in the awful place.

I fell in love with the little creature instantly.

Life—in spite of the not sleeping issue and the mistaking of the laptop cord for a chew toy issue—is decidedly better with a new puppy in the house.

(The cat’s a bit unsure about the addition. But he’s coping.)

Anyway, so there you have it. Thank you for listening.

Posted in Must Reads, bears and alligators, wolves | 78 Comments »

Coyotes in Woodland Hills, Oh My!

September 23rd, 2010 by Celeste Fremon


File this under don’t you have anything more freaking substantial to worry about?

The Daily News and several other So Cal publications have found the following to be, well, news:

Police warned today that coyotes have been seen recently in neighborhoods in Woodland Hills and West Hills.
Residents should use caution when encountering such animals….”

The story also mentioned that residents who spot such critters are asked to call the proper authorities make a “wildlife incident report.”

Right.

Yo, flatlanders. We in Topanga see coyotes daily. Not “recently.” Daily. Should we also be making “wildlife incident reports?” If so, with what frequency? If we see, say, three different coyotes in the course of a 24-hour period, should we save them up and make a single wildlife incident report? Or would you prefer we call you as they happen?

(sigh.)

Hey, mountain lions and bears are worth a report, no doubt about it. And in West Glacier, Montana, where my family has a cabin, one is asked to call if there is a griz sighting anywhere near human habitation. Sometimes people call. Most times, they don’t. In 20 years we’ve called once. However it was a very, very big bear we saw picking serviceberries in the back yard one night. Very big. Humongous, actually. And not all that friendly-looking.

But coyotes? Really?

Last year, I had one coyote who showed up on my front porch so frequently hoping to find a bit of stray dog kibble that I considered naming him, except that I knew he had unpleasant designs on Merlin the cat.

The dog chased him off most times, until she got too deaf to notice his approach. After that, if I heard him his paws on the porch (his step was distinctive), I’d creep up to the door, a squirt bottle filled with water in my hand, and try to discourage him with a well-aimed watery steam. This was not, admittedly, a terribly dignified or effective solution. The usual weekly score was coyote 7, me 0.

Eventually, the coyote moved on of his own accord. Although I knew it was far safer for the cat, I actually sorta missed him.

Anyway.

Look, this isn’t a social justice issue. It is, as my tech son would describe it, an ID ten T issue—which sometimes deserves comment too. (It’s a geek joke. Substitute the numeral for the word.)

Now back to criminal justice and all that.

Posted in bears and alligators | 1 Comment »

Back in Town, Blogging Begins Tomorrow, 8/12

August 11th, 2010 by Celeste Fremon


OF WOLVES AND MEN (AND WOMEN AND DOGS)

I arrived back in LA on Tuesday night after 3 days of driving from West Glacier, MT— my mind still lingering stubbornly on the banks of the Middle Fork of the Flathead River.

Thursday morning I’ll begin blogging in earnest.

Then, Part 1 of the WitnessLA/Spot.Us LA Justice Report on LA’s gang programs, by Matt Fleischer will be appearing shortly.

Part of my mental lingering had to do with the fact that our soulful and beautiful 16-and-a-half-year-old wolf-dog, Loup-Loup, died while I was in Montana, so the trip had much intense sorrow threaded through its many joys.

Speaking purely rationally, this was no tragedy. Loup-Loup was an old dog who had lived a glorious life and, of late, her health and well-being seemed to go downhill weekly. Plus West Glacier was, I think, her favorite place. But she was also a family member and a beloved companion. Thus I was entirely undone when she vanished on the third evening after my arrival.

My son flew up from LA with his girlfriend to help me search for her, a process that was long and harrowing. We finally found her by lucky chance ten days later, 8 miles down river from our family cabin. During the days we searched, at least a dozen dog-oriented and kindly Montana neighbors told us stories about cherished old dogs of theirs who vanished similarly. The dogs had evidently decided it was time, the various Montanans said.

Whether it happened by choice or by accident, my son and I decided our sweet wolf-dog’s death had its own harsh dignity, as much as it grieved us. We buried her under the cottonwoods between our cabin and the river and cried to the point of wailing.

With all of the above in mind, it was somehow cheering to learn that—in addition to the spectacular news about Proposition 8— the other big and newsworthy court decision by a federal judge last week was when U.S. District Judge Donald Molloy in Missoula, MT, reinstated federal Endangered Species Act protections for gray wolves in the states of Idaho, Montana and Wyoming. (The matter will next likely come to the 9th Circuit Court of Appeals.)

This put a stop to planned wolf hunts in all three states, which made hunters groups furious. Bummer.

After last fall’s hunting season, there were about 500 wolves in Montana and 835 in Idaho. Hunters deemed that too many. (I don’t pretend to be anything resembling neutral on this issue. I take it personally when my dog’s relatives are hunted—especially in the areas of the lower 48 states where they were hunted to extinction for so many decades.)

In truth, Montana has had a fairly sensible policy of wolf management until the wolves got delisted too soon to guarantee a stable population.

Matt Volz for the AP did a good, even-handed piece on the matter that the LA Times LA Unleashed blog ran.

And here’s what Discover Magazine had to say.

Glad to be back. I missed y’all. See you tomorrow.

Posted in Life in general, bears and alligators | 20 Comments »

Rescuing the Miracle Dog – Part 3

July 6th, 2010 by Celeste Fremon


Okay, now we return to the adventures of our intrepid attorney/dog rescuer Elie Miller,
her trusty co-rescuer Beebee (who says that years ago he worked on a U.S. nuclear submarine, but now is an LA homeless guy), and Milagro, the abandoned, nearly-collar-strangled but smart and personable dog.

(If you haven’t done so already, first read Chapters One and Two.)

When we last left our three friends, Elie had managed to clip off the horrible collar that was gouging a sore into Milagro’s neck, and he seemed to be getting better.

There were ups and downs. Once Milagro’s wound split open again and an infection flared up.

Then on March 28, Elie arrived to find that Milagro wouldn’t eat, his eyes were running, and he acted as if he’d been poisoned. Elie and Beebee—together with one of the vet consultants whom Elie occasionally called for help and advice—determined that the dog had most likely been pepper sprayed by transit police. The next day, however, Milagro seemed to bounce back.


NOVIA


On March 30, Milagro arrived at the vacant lot with a girlfriend,
a smaller black female dog that Elie thought might be part Basenji. When the girlfriend dog stuck around for a week or two, Elie named her Novia.

Now she was feeding two dogs.

Novia was at first stand offish. But shortly she was competing with Milagro for treats and for Elie’s affection, rolling over to have her belly rubbed after meals. And she was playful. It had taken weeks for Elie to get Milagro to play with the tennis balls she would toss for him. “He doesn’t know how to play,” she said. However, Novia played with Elie and the tennis balls nearly from the beginning. Watching her, Milagro too began to chase and play.

Near the end of April, Milagro got injured. His neck opened up and there was a puncture wound in his paw. Elie began dosing him with antibiotics again. She realized she had to make plans to get both dogs away from the lot and to a vet—and then hopefully into new homes.

It was time.

A friend told Elie about a special harness collar he thought might work for the upcoming Milagro capture, since a normal collar and leash would rub intolerably at the dog’s still sore neck. Elie found the harness online and ordered it immediately.

The harness came in the mail on June 1st. Six days later Elie decided it was CD Day—capture the dogs day. The night of the capture she emailed me:

I put the harness around Milagro’s neck, buckled it around his legs, and leashed him up. Novia was easier to leash. I tugged & pulled Milagro to my truck, coaxing him with milk, and literally lifted & pushed him inside after Novia jumped in.

Elie drove both dogs to an animal hospital where the vet had agree to treat the animals for a slightly reduced rate.

“Although the vet muzzled them when he examined them” she wrote me, “they were gentle. Even while I lifted and pushed Milagro each step of the way from my truck to the door of the animal hospital, he never once snapped at me.

Milagro had a round of surgery during which time he was neutered and his neck was cleaned and sutured. It turned out that Novia was already spayed. After Milagro’s was snipped and stitched, both dogs got flea baths and a full compliment of vaccinations.

According to the vet, Milagro is a 68 lb. Shepherd/Rottweiller mix.

Novia is a 41 lb. Jindo or Basenji (she can bark) with some Chow likely mixed in. Both dogs appear to be a year or year-and-half old.

A couple of days after Milagro’s surgery,
Elie drove by the vacant lot to say hi to Beebee. She found that the holes in the fence surrounding the lot—holes that had allowed Milagro and Novia, and Elie, if we are to be truthful, to go in and out of the lot at will—had been patched. Elie couldn’t believe it. Entry to the vacant lot was completely and thoroughly blocked.

This meant that, had she delayed moving the dogs by a few days, Milagro might have found himself trapped on the lot, been seen by the workers or others, and subsequently rounded up by animal control and euthanized. Or, alternately, finding himself shut out of his hiding places and home—he and Novia might simply have vanished.

But by luck or serendipity, no such calamity occurred.


AND SO, ALL HAS ALMOST ENDED WELL FOR MILAGRO AND NOVIA

Almost is the operative word here since both dogs need permanent homes.

Elie is providing a temporary foster home for Novia. And Milagro has been going through a couple of weeks of training with a dog whisperer type who said he would help socialize the once wild dog further.

But now they need permanent homes. Elie already has three dogs, and can’t really take a fourth. I too have a full house of animals, as it is.

However, I’ve met both Milagro and Novia and can attest that they’re winning creatures.

So if you’d like to adopt a delightful, smart, soulful dog (or two), Elie has just the critters for you.

Soon would be good.

Elie may be reached at: sparkarooney@yahoo.com

Please spread the word.

PS: July 6 was Beebee’s birthday. He thinks he just turned 55. Elie visited him and gave him updates on the dogs, as always, since their rescue has always been, emotionally anyway, a joint affair.

After the update, Beebee told Elie that he can’t remember such unusual weather on his birthday in a long time.

Posted in bears and alligators | 3 Comments »

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