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Veterans in Jail, the New Prez of the LAPD Commission, and LAPD Chief Beck on Body Cams

September 17th, 2015 by Taylor Walker


At the Vista Detention Facility in San Diego County, veterans who find themselves on the wrong side of the law are placed in “modules” focused on healing, rather than punishing, men who are wrestling with any combination of PTSD, substance abuse, and homelessness.

The jail’s two modules, specifically tailored to the unique needs of veterans, offer vets a chance to deal with the struggles of life after active duty that helped put them behind bars. Vista’s vet modules provides a level of discipline and routine that’s familiar and comforting to the former military men, as well as daily classes, yoga, therapy, and the company of other veterans (even the guards are vets).

Note: currently, there are no comparable offerings in the US for female vets, who are subject to the same war-related traumas as their male counterparts.

The Crime Report’s Katti Gray has more on the Vista veterans program. Here’s a clip:

A year—to the day—after his baby brother was shot dead in a Kansas prairie town, German Villegas’ best buddy in Afghanistan was killed by a bomb he’d been ordered to find and defuse.

“We were both on the list to search for explosives,” Villegas recalled.

But U.S. Marine Corps Cpl. Michael J. Palacios was the one dispatched that day in November 2012. “He got hit by a 200-pound IED,” two months before both men were slated to go home, Villegas said.

Villegas returned stateside, a shattered man.

“My number-one goal was to get drunk and just try to forget everything,” said the 23-year-old, who joined the Marines straight out of high school and spent five years there. Fired from the military police, he was shunted into what he calls “punitive duties” that had him cleaning up after battalion officers and picking up trash.

But the worst were the funeral details.

“(That) was the completely wrong thing for me to have to do,” he continued. “Every time I did one of these funerals, I’m seeing these families crying. I became pretty good at compartmentalizing—or so I thought.”

Villegas was sitting that afternoon in the communal area outside an all-male cell block at a San Diego County Sheriff’s Department jail, where he landed after being arrested for an assault on his fiancée. A few feet away, at the Vista Detention Facility, stood one of the armed deputy sheriffs, also a veteran, who asked to be assigned to that cell block. Just beyond that deputy was a Marine Corps retiree and correctional counselor who directs Vista’s almost two-year-old Veterans Moving Forward Program.

One of a handful of such projects in the United States, the program makes available to convicted ex-military men and those awaiting trial—including those like Villegas who’ve been diagnosed with mental illness—counseling, peer-to-peer support and other amenities rarely extended to people behind bars.

Minutes before Villegas gave a visitor his take on what war extracts from combatants and innocents alike, he had queued up at a nurse’s cart, where anti-psychotic and other prescribed drugs were dispensed to jailed veterans with mental illnesses. (Those with only physical ailments also filled their prescriptions.)

Villegas’ meds are intended to help him stave off anxiety, depression and the flashbacks, nightmares, hyper-arousal, hyper-alertness and exponential moodiness that are among the symptoms of post-traumatic stress disorder. Such maladies are likely what triggered his admitted episode of violence. For Villegas, like so many other criminally charged veterans, had no history of illegal activity prior to military service.

“Jail is the last place I thought I would end up and the last place I thought I would find help, but this program has become a foundation that I can trust,” Villegas said. “The moment I came here and saw those military flags on the walls, it brought me to tears. There’s a brotherhood here … and there are things here that I need to restore my mental health, to get whole again.”


Matt Johnson, the newest Los Angeles Police Department commission president, also happens to be the only black member of the commission tasked with overseeing the LAPD.

When Johnson was growing up in New Jersey in the 80′s, he said he was on the receiving end of both racial prejudice from law enforcement officers and kindness from the cops who were friends with his dad. Johnson says this gives him the perspective needed to take on police-community relations issues.

But some community members criticize LA Mayor Eric Garcetti’s appointment of Johnson, who is an entertainment lawyer, instead of someone who is a grassroots community advocate.

The LA Times’ Kate Mather has the story. Here’s a clip:

Richard Drooyan, a former Police Commission president, said the board’s role as the “eyes and ears of the community” is particularly important at this moment given the public desire for increased accountability of police. Johnson, he said, must be “willing to criticize when mistakes are made and support the department when the department is right.”

In one of its most important roles, the board decides whether police shootings and other serious uses of force were appropriate. It’s a responsibility that has come under greater scrutiny as police officers across the country have increasingly been criticized for how they use force, particularly against black men.

Activists have blasted the LAPD and commissioners for some of the police shootings in Los Angeles. LAPD officers have shot 28 people so far this year, half of whom were killed.

Some of the most vocal critics are affiliated with the Black Lives Matter movement, including some who denounced Mayor Eric Garcetti for putting Johnson on the Police Commission. They said they wanted an anti-gang activist on the board instead of another person who donated to Garcetti’s campaign.

When asked about the criticism, Johnson said the Black Lives Matter movement had “shined a light on very important issues.”

“The bottom line is, there is an alarming number of African Americans across our country who have been killed by police,” Johnson said. “A large part of the reason that I agreed to join the commission is that I’m concerned about it, and I believe I can play a positive role in reducing those incidents.”

Paula Madison, the outgoing commissioner who has been the board’s only African American member since 2013, described Johnson as a friend who works with quiet deliberation, someone who understood the impact he could have as a black man on the Police Commission.

“If you get the opportunity to help set policies, you take it very seriously,” she said. “And knowing Matt, he’s going to take this very seriously.”

Head over to Mathers’ story to read more about Johnson’s background and what he hopes to accomplish while serving as a commissioner.


On Wednesday’s on Air Talk, host Larry Mantle talked with LAPD Chief Charlie Beck about how the department’s implementation of officer body cameras is going, so far, and about recent pushback from the ACLU about when and how much video footage should be released to the public. The ACLU has asked the Department of Justice not to contribute funding to the LAPD’s body cam program because the department will not be actively releasing video showing officer-involved shootings.

Here’s Chief Beck’s response:

Well, the ACLU is welcome to offer whatever recommendations they want to whoever they want, but I don’t agree with them, I don’t think the federal government will agree with them either. Body cameras, and I’m wearing one right now as we talk and you can see it, are an evidence-collection tool, just like detectives are, just like the coroner’s investigation is, just like many many pieces of an investigation. We don’t release investigations piecemeal. Body camera footage is available for review by the district attorney, by the city attorney, by a civil court, by a criminal court, and in cases of uses of force that rise to the appropriate level, by the civilian police commission. So there are multiple levels of review, and to merely put video into the public without further investigatory information I think is inappropriate.

Of course, the concern is that the department is going to release the video when it suits its interests, not so quick to do so when it makes the department the gatekeeper. How do you respond to that concern?

I respond to it by looking at my track record. I’ve been Chief for five years now. We’ve had in-car video for that whole time, and I haven’t released that video when it supports my position or when it is detrimental to my position or to the department. I use it as part of the investigation; it is not something I use to form public opinion. It’s an investigative tool. That is not to say that I would never release video. If the state of the city depends on it, then that would weigh heavily on my decision. But in the day-to-day incidents of policing. One of the things I like to remind folks is that when you call the Los Angeles Police Department, it’s not on your best day. It never is. We go to your house. There may have been a domestic incident. You may have been the victim of a crime. It could be any number of circumstances. None of which you want put in the public domain. At least, all of the victims I’ve ever talked to. And so we want to be very circumspect, we want to be the guardians of the public trust. When people interact with the police, I think they have a right to some privacy in that condition.

Posted in Charlie Beck, LAPD, PTSD, Veterans | 8 Comments »

2015 Crime Spikes

September 4th, 2015 by Taylor Walker


Homicide and crime rates appear to be on the rise across the country, but there is much debate over what’s behind the shift, both at the local and national levels.

In LA last month, there were 39 homicides, an August number that has not been matched since 2007. And the murder rate from January until now is 7% higher than it was last year. South L.A.’s 77th Division has been hit the hardest, with 43 homicides so far this year. And violent crime jumped 20% during the first six months of 2015 in LA in comparison to the the first half of 2014.

The LA Times’ Kate Mather and Nicole Santa Cruz have more on the numbers. Here’s a clip:

Until now, Los Angeles had avoided the rise in killings reported by other large cities around the country this year. Homicides in Washington, D.C., have already reached the level experienced during all of 2014. Killings are up 20% in Chicago and 7% in New York compared with the same periods last year.

Richard Rosenfeld, a criminologist at the University of Missouri-St. Louis, said it’s difficult to know what is driving the increases. He noted that some argue that police behavior has become less aggressive in a large number of cities in the face of increased public scrutiny over how officers use force. Another theory, he said, is that the rise in crime is tied to expanding heroin markets.

“It’s going to take some time to figure this out,” he said.

Despite the uptick, the homicide rates in Los Angeles and other cities are far lower than in decades past. The number of killings in L.A. peaked in 1992, when the city saw 1,092 homicides. Last year, the figure was 260.

LAPD Chief Charlie Beck noted earlier this week that homicides in the city had been down this year until August, which he described as a “horrible month.”

“You can’t draw huge conclusions over one month,” Beck told the Police Commission on Tuesday. “But the month of August hopefully does not portend what will occur during the following months of the year.”

LA County Sheriff Jim McDonnell and others have blamed the county’s higher crime rates (although McDonnell did not mention homicides) on the passage and implementation of Prop 47—which reclassified certain low-level felonies as misdemeanors.

And during LA Mayor Eric Garcetti’s State of the City address in April, he announced a new elite metro unit would patrol crime hotspots in response to a rise in violent crime rates during the first part of 2015 in Los Angeles.

The NY Times’ Monica Davey and Mitch Smith take a look at the national homicide trends and what law enforcement and crime experts are pointing to as contributing factors, including “a growing willingness among disenchanted young men in poor neighborhoods to use violence to settle ordinary disputes.” Here’s a clip:

Rivalries among organized street gangs, often over drug turf, and the availability of guns are cited as major factors in some cities, including Chicago. But more commonly, many top police officials say they are seeing a growing willingness among disenchanted young men in poor neighborhoods to use violence to settle ordinary disputes.

“Maintaining one’s status and credibility and honor, if you will, within that peer community is literally a matter of life and death,” Milwaukee’s police chief, Edward A. Flynn, said. “And that’s coupled with a very harsh reality, which is the mental calculation of those who live in that strata that it is more dangerous to get caught without their gun than to get caught with their gun.”

The results have often been devastating. Tamiko Holmes, a mother of five, has lost two of her nearly grown children in apparently unrelated shootings in the last eight months. In January, a daughter, 20, was shot to death during a robbery at a birthday party at a Days Inn. Six months later, the authorities called again: Her only son, 19, had been shot in the head in a car — a killing for which the police are still searching for a motive and a suspect.

Ms. Holmes said she recently persuaded her remaining teenage daughters to move away from Milwaukee with her, but not before one of them, 17, was wounded in a shooting while riding in a car.

“The violence was nothing like this before,” said Ms. Holmes, 38, who grew up in Milwaukee. “What’s changed is the streets and the laws and the parents. It’s become a mess and a struggle.”

Urban bloodshed — as well as the overall violent crime rate — remains far below the peaks of the late 1980s and early ’90s, and criminologists say it is too early to draw broad conclusions from the recent numbers.


In New Orleans, Michael S. Harrison, the police superintendent, said the city’s rise in homicides did not appear to reflect any increase in gang violence or robberies of strangers, but rather involved killings inside homes and cars by people who know their victims — particularly difficult crimes to predict or prevent.

“That is not a situation that can be solved by policing,” Superintendent Harrison said. “It speaks to a culture of violence deeply ingrained into a community — a segment of the population where people are resolving their problems in a violent way.”

In New York, there have been a larger number of gang-related killings, Stephen Davis, the department’s top spokesman, said. But he also said many homicides remained unexplained, the result of disputes with murky origins. “There are a lot of murders that happen in the spur of the moment,” Mr. Davis said.

In eight years as police chief in Milwaukee, Chief Flynn seemed to have brought the pace of murders under control. After a high of 165 in 1991, killings had dipped significantly.

“We thought we were having an impact,” Chief Flynn said. But as murders have multiplied in recent months — a death in a suspected drug house, a roommate beaten to death, a teenager shot at a kitchen table — Chief Flynn sounds far less certain. “I don’t even want to hazard what pace we’re on right now.”

(The Atlantic’s Ta-Nehisi Coates slams the NY Times story for their vague and problematic inclusion of the “Ferguson effect” as a possible contributor.)

The Brennan Center for Justice’s Matthew Friedman suggests that despite the recent rise in crime rates, the US is still in the midst of a larger downward crime trend.

In an op-ed for CNN, UC Irvine criminology, law, and society professor, George Tita, says that while it is too early to tell whether the short-term numbers in LA and other cities are indicative of a long-term uptick in homicide and violent crime rates, we have come a long way from the incredible gun violence of the 80′s and 90′s.

Tita goes on to say that there’s a good chance that the surge in LA, which LAPD Chief Charlie Beck has attributed to a gang feud, will be a “one-time blip.” Here’s a clip:

For those cities not already doing so, then it is time they got ahead of the recent trends in violence and revisit the kind of interventions that proved so effective in the past. Doing so would also not just help with the immediate issue of rising crime levels and gun violence, but would also offer an opportunity in the “post-Ferguson” world to bring together the community and police to help repair what appears to be growing distrust between both parties.

More specifically, the collection and utilization of data has generally resulted in more effective policing, and can be used to help stem the current rises in violent crime.

Larger police departments routinely use data-driven “predictive policing” analytics to allocate resources to emerging crime “hot spots.” Similarly, social network analysis is being employed to better understand relationships among individuals or between rival gang factions, while police are increasingly able to quickly find out about “minor” incidents between individuals from human intelligence sources and monitor or even intervene in a situation before it explodes into lethal violence.

It is because of such data that Los Angeles Police Chief Charlie Beck, for example, can determine that the very recent surge in violence is concentrated in a particular part of town and that it involves a long-standing feud between particular gangs, and react accordingly.

So long as the community continues to be invited to the table in South Los Angeles, the latest surge in violence should just be a one-time blip.

A final reason for optimism is that from the limited data available, a key element that would be cause for particular concern seems to be missing — there doesn’t seem to be what social scientists term an “agent of contagion” to the recent spate of violence.

During the previous epidemic of violence, open-air crack cocaine markets proliferated; cities that had little or no history with urban street gangs now found themselves dealing with young people identifying themselves as “Crips” or “Bloods;” and every kid, it seemed, had access to a firearm.

So while 25 years ago we were dealing with a youth-gun homicide epidemic, this time it’s not clear that young people are the most susceptible population. In fact, a quick look at the homicide report maintained by the Los Angeles Times for the months of July and August shows that while African-American and Latino males remain overrepresented among victims, the average age of the victims is 37.

Posted in Charlie Beck, Jim McDonnell, Los Angeles Mayor | 52 Comments »

Watts Riots 50th Anniversary News Roundup….Are Crime Rates Really Rising?….and Coroner’s Inquests

August 14th, 2015 by Taylor Walker


As America marks the 50th anniversary of the 1965 Watts riots this week, here are some stories we didn’t want you to miss:

Veteran TV journalist Tom Brokaw, who covered the aftermath of the Watts riots 50 years ago for NBC, says positive changes have taken place in the neighborhood, including community policing efforts, but Watts is still very much “separate and unequal.”

The LA Times has a ton of worthwhile coverage (more than twenty stories, so far) of the anniversary, including an interview with one of the few black cops in LAPD before and during the riots, quotes dug up from the LA Times’ 1965 archives, the story of Noah Purifoy’s art made from the charred wreckage of Watts, what the ’65 LA Times editorial board had to say about the six days of rioting that left 34 people dead.

Fifty years later, the 2015 editorial board takes a look at what lessons LA has (and hasn’t) learned since then. (Read more of what today’s editorial board has to say about Watts—here and here.)

The Times also compiled a list of essential literature born of the Watts riots, featuring: “A Journey Into the Mind of Watts” by Thomas Pynchon, “The New Centurions” by 1960′s LAPD officer Joseph Wambaugh, and one of our favorites at WLA, the mystery, “Little Scarlet,” by Walter Mosley.

Mosley, who was twelve years old in 1965, shares his memories of the riots in an NPR interview. Here’s a clip:

MONTAGNE: Walter Mosley went on to create the classic character Detective Easy Rawlins in a series of noir novels set in Watts. In 1965, Mosley was 12 years old and a member of an acting troupe that performed plays about civil rights, which is how he found himself in the middle of what some called an uprising.

MOSLEY: The main night of that riot, the apex of the riot, we went down to the little theater on Santa Barbara, now called Martin Luther King, to do our play. But nobody came because, you know, people were rioting. So either they were rioting or they were in their houses hiding from rioting. And we had to drive out. And driving out, we drove through the riots.

MONTAGNE: Do you remember what you saw? I mean, were you scared?

MOSLEY: I was scared, you know, because, number one, it was an interracial group, so, you know, there were a couple of white people in the car. And they were, like, on the floor. And – you know, and then you would see things – you know, people jumping out of windows, you know, like – you know, they were looting. I saw one guy just lying out on the street. I don’t know what happened to him. The police were driving by, four deep in a car with their shotguns held up, but they weren’t shooting. They were just passing through.

You could feel the rage. You know, you could feel that civilization, at that moment, was in tatters. And when I got home, my father was sitting in a chair in the living room, which he never did, drinking vodka and just staring. And I said, Dad, what’s wrong?

Go listen to the rest.

Another LA author and activist, Earl Ofari Hutchinson, in an op-ed for the Huffington Post, talks about what he saw and experienced as an 18-year-old during the riots and what has changed since 1965.

And until the 17th (the end of the riots), you can experience a unconventional live-tweet reenactment of the deadly week-long upheaval by @WattsRiots50.


In the midst of much media attention on crime spikes in states across the US, the Brennan Center for Justice’s Matthew Friedman says the recent crime rate upswings are still part of a longterm downward trend.

LA, NYC, Chicago, DC, and other big cities have recorded higher crime stats over the past few months. And there are many different theories as to what’s behind the changes.

LA County Sheriff Jim McDonnell blamed the higher crime rate on the passage and implementation of Prop 47—which reclassified certain low-level felonies as misdemeanors.

And during LA Mayor Eric Garcetti’s State of the City address in April, he announced a new elite metro unit would patrol crime hotspots in response to a rise in violent crime rates during the first part of 2015 in Los Angeles.

Friedman says that instead of focusing on short-term fluctuations, it’s important to take a step back, and look at the prevailing trend over a period of years, rather than months.

Even a cursory study of murder totals over the past two decades shows a clear downward trend in the number of murders committed in America’s three largest cities. A “trend” indicates the general direction something moves towards. The red lines in the graphs show that the long-term trend is toward fewer homicides in all three cities.

This same trend appears in most major cities across the country.

This does not mean that crime is always decreasing in these cities; in fact you can see areas of all three graphs where crime levels rapidly increase (and rapidly decrease) over short periods of time. These fluctuations are a combination of normal seasonal cycles and random events known technically as ‘noise’. Noise denotes the transient increases and decreases attributable to happen-stance or short-run shocks, but unrelated to the long-run pattern of decreasing murder levels.

Compare New York’s annual murder totals and Chicago’s monthly totals. Both exhibit the same long-term trend: a decreasing number of murders. Also note, however, that the longer time interval used to describe New York’s homicide totals generates a smoother graph that closely tracks the trend line and is almost uniformly decreasing — making it very easy to identify that city’s crime decline. On the other hand, Chicago’s graph exhibits wild fluctuations from season to season (this is known as seasonality). Monthly totals are a great way to display homicide data if you want to understand how solstice patterns impact murder rates, but it also amplifies the cyclical and noise components of Chicago’s homicide totals — making it harder to distinguish the underlying trend.

Friedman compares the crime statistics to LeBron James’ inconsistent free-throw success rate from game-to-game between January and March of this year.

…in 14 games over three months, James’ free-throw percentage increased or decreased by more than 20 percent relative to his previous outing. In multiple instances his shooting acuity fell by half from game to game. In another, it more than doubled. To assume those spikes tell us anything about James’ basketball skills would be foolish — they are just noise.

Similarly, from day to day, month to month, or year to year, crime may rise or fall due to seasonality and noise. Only by observing these changes over a sufficient period of time can we see a trend emerge. The difficulty is figuring out how many observations are necessary to cut through the noise and show us the true trend.


Legal experts and public officials are discussing the viability of the coroner’s inquest model as an alternative to the closed-door grand jury system, as a way to promote transparency and ease tension between communities and the police after a questionable death.

Coroner’s inquests are public inquiries to determine details of a death: how and why a person was killed.

During an inquest, witnesses give testimony, but suspects don’t defend themselves, unless the coroner’s jury verdict leads local prosecutors to indict those involved.

Coroners’ inquests crop up here and there across the nation under special circumstances, but only in Montana are coroners actually required to perform an inquest after an officer-involved shooting.

The killing of 34 people during the Watts riots 50 years ago resulted in a burst of coroner’s inquests, but Los Angeles hasn’t seen an inquest in over three decades. The last coroner’s inquest in Los Angeles was held in 1981. Current LA County Medical Examiner-Coroner Mark Fajardo said he considered initiating an inquest into the death of Ezell Ford, a unarmed mentally ill man shot by LAPD officers last year, but chose not to without carefully reviewing the process.

The LA Times’ Doug Smith has more on the issue, as well as the history of the inquest in LA. Here are some clips:

At the urging of County Medical Examiner-Coroner Mark A. Fajardo, who reviewed all police shootings in his job as Riverside County coroner, the Los Angeles Board of Supervisors has asked key agency heads to rethink the review process with an eye to increasing transparency.

Fajardo, who became L.A.’s coroner in 2013, said he found it “troubling” that the office had no review procedures.

“I think the Department of Medical Examiner-Coroner should have a process that assures quality, assures efficiency and is transparent in some respect,” Fajardo said.

He said he considered calling an inquest into the Los Angeles Police Department’s fatal shooting of Ezell Ford last year, but held back because he hadn’t fully vetted the process. The county is still reviewing various options.

Some municipalities, like Clark County, NV, have successfully implemented updated versions of the inquest model.

Clark County, Nev., dropped its automatic coroner’s inquest process in 2010 after the police union successfully challenged it in court.

In its place, county commissioners set up a system that achieves some transparency at the expense of immediacy.

After every killing by police, if the district attorney finds no cause to prosecute — which has almost always been the case — the county manager convenes a hearing to examine the evidence in public. The prosecutor calls witnesses, primarily the officers who investigated the slaying. A hearing officer and ombudsman, both appointed by the county manager, can call and question witnesses in a cross-examination format, but not under oath. The officers involved in the killing do not testify.

Anyone attending the hearing can submit questions to the hearing officer or ombudsman, who is appointed to represent the public and the deceased’s family. The whole proceeding is live-streamed on the county TV station and the videos are posted on the county manager’s website.

No findings are made. “It simply concludes,” said Robert Daskas, the deputy who oversees the district attorney’s response team.

There are critics, among them the Nevada ACLU, who say the new process is toothless. But Daskas credits it for easing the tension surrounding troubling events.

“We all see the protests and the riots,” Daskas said. “I would like to think that one of the reasons we have not had issues like that in Clark County is because we provide a very transparent review of officer-involved shootings.”

MacMahon, the English economist who has studied America’s inquest tradition, finds the Clark County process an admirable compromise. He argues that it is the very toothlessness of such reviews that give them the healing power that he calls “soft adjudication,” a hearing process that is investigatory, rather than adversarial, and non-binding.

“Precisely because their verdicts do not carry binding or coercive consequences…inquests can aim more squarely than other legal proceedings at establishing the truth about a contested event,” MacMahon writes in his article.

The Watts riots news roundup was updated August 14, at 7:30p.m.

Posted in Charlie Beck, Eric Garcetti, Jim McDonnell, LAPD, LASD, literature, media, race | No Comments »

Protecting CA’s Foster Kids….Investigating OC District Attorney and Jailhouse Informant Practices….LAPD Chief Must Answer Ezell Ford Questions….and the LA Supes Take Power from CEO

July 8th, 2015 by Taylor Walker


The California Department of Social Services is not doing enough to protect vulnerable foster kids from sexual exploitation and may be spending millions placing kids with more expensive foster care agencies instead of licensed foster family homes, according to a report from the California State Auditor.

The report says that while Social Services has made some progress, it has not fully implemented recommendations from a 2011 Auditor report regarding the same issue. One of the major recommendations was to start comparing addresses to ensure that registered sex offenders were not living or working in foster homes.

The Auditor’s latest report said that Social Services took two years to start checking the sex offender registry against the addresses of group homes and foster families and, among other methodology problems, the department could not initially provide the Auditor with documented outcomes on 8,600 investigations out of 25,000 address matches, and 422 address matches were not investigated within a 45-day deadline.

When the addresses of sex offenders and foster kids appear to be the same, it sometimes turns out that the sex offender is actually a foster kid, or that there is no longer a foster family or group home at that address. But for the times when investigators find sex offenders among foster kids, either the sex offender is removed from the house, or the foster children are removed. Sometimes facilities lose their licenses.

The new report also said that California counties are still too often paying foster family agencies that privately recruit and certify foster homes and cost over $1000 more per month, rather than giving state-licensed foster homes and relative caregivers priority when placing kids. The report recommends revising the fee structure for agencies, and giving other foster care placements higher priority.


Following string of informant-related scandals that resulted in the unraveling of a series of cases, the Orange County DA’s Office announced the creation of an independent panel of retired judges and lawyers to investigate how the DA’s Office handles in-custody informants. (Here’s the backstory.)

Committee members include retired OC Superior Court Judge Jim Smith, retired LA County Assistant District Attorney Patrick Dixon, former OC Bar Association President Robert Gerard, and Blithe Leece, an attorney specializing in ethics law and professional responsibility.

The Informant Policies and Practices Evaluation Committee (IPPEC) is expected to submit their findings at the end of 2015.

KPCC’s Erika Aguilar has the story. Here’s a clip:

In March, Orange County Superior Court Judge Thomas Goethals removed the district attorney’s office from the Scott Dekraai murder trial after finding prosecutors failed to turn over jail records about informants to Dekraai’s public defender.

Dekraai, 45, pleaded guilty last year to killing eight people at the Salon Meritage hair boutique in 2011.

It’s not illegal for law enforcement to use informants or jailhouse snitches. But they must act as a listening post and not elicit statements or question an inmate once he has exercised his right to an attorney.

A jailhouse informant recorded conversations with Dekraai about the killings, but after Dekraai had been charged and had obtained legal representation…


The DA’s office said in a statement that it has already made some changes to avoid similar abuses in the future, including updating its informant policy manual and creating an internal committee headed by District Attorney Tony Rackauckas to approve or disapprove the use of jailhouse informants.

In addition to those moves, “I think it’s important to have an objective and expert external committee with different points of view, to thoroughly review and analyze the issues regarding the use of in-custody informants so we can improve our procedures and avoid any future mistakes,” Rackauckas said in the statement.

The committee will issue a report by the end of this year, according to the DA’s office.

“I want everything that we do to be above board and fair,” Rackauckas told KPCC. “I want to make sure that the court, the defense bar, the individual defendant and the public have faith – that although we’re aggressively prosecuting cases – we’re doing it in a fair way.”


A federal judge ruled Monday that LA Police Chief Charlie Beck will have to answer questions in a formal deposition from the family attorney for Ezell Ford, an unarmed, mentally ill man who was fatally shot by LAPD officers last year.

Magistrate Judge Margaret Nagle’s ruling comes after LAPD Chief Charlie Beck and the LA Police Commission came to very different conclusions regarding whether the officers acted within department policy when they shot Ford.

(If you missed it, you can read the backstory here.)

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

Magistrate Judge Margaret Nagle found Ford’s shooting was conspicuous enough that Beck should speak to contradictory findings about whether it was within policy.

Last month, the Los Angeles Police Commission found that officers had no reason to stop and question Ford, and that a violation of department policy led to an altercation that ended with Ford’s death. Beck has said the officers in the shooting acted appropriately.

“This is not the ordinary case,” Nagle said. “It’s a high-profile, high-visibility case, and whether the policy of the policymaker — the police commission — is being enforced or implemented appropriately, I think is something on which Chief Beck can, and in this case should, be questioned.”


In August, Los Angeles police Officers Sharlton Wampler and Antonio Villegas decided to stop Ford because he appeared nervous and was walking away with his hands in his pockets, according to a report by the police commission.

Wampler said he thought Ford might have been hiding drugs and told him to stop for questioning. The officers said Ford looked in their direction and walked away quickly with his hands in his waistband area.

A struggle ensued when Wampler tried to handcuff Ford, who knocked the officer to the ground and grabbed for his gun, the officers said. Villegas fired two shots, and Wampler said he pulled out a backup gun and shot Ford in the back.


On Tuesday, the LA County Board of Supervisors voted to take away the county Chief Executive Office’s power to hire and fire (non-elected) county department heads, returning the power to the board. The Supes gave these powers to the CEO in 2007, along with day-to-day management of county departments, in response to complaints that the board was too involved in the minutiae of the departments it oversaw, but have spent much of those eight years clashing with the CEO.

The LA Times’ Abby Sewell has the story. Here’s a clip (we are giving you a bigger clip than usual because it’s an interesting tale):

The change back to a weaker executive has many wondering whether the supervisors’ new power will result in more streamlined, decisive management or simply create more meddling by the elected officials and politicize the workings of government.

“In the short term, there will be a lot less conflict between the supervisors and the CEO’s office,” said Raphael Sonenshein, executive director of the Pat Brown Institute for Public Affairs at Cal State L.A. “The question is what’s it going to do for the daily operations… They won’t know when they’re too involved. They’ll think their involvement is just right. The other shoe to drop is how will it affect everybody else’s ability to do their job?”

Tuesday’s vote represents a reversal for the Board of Supervisors, which in 2007 gave the unelected chief executive officer more powers, including day-to-day management responsibilities and the authority to hire and fire department heads with board approval. Those changes were sparked in part by complaints that the supervisors were micromanaging the departments and giving conflicting marching orders, and that there was no single leader to hold accountable for the success or failure of initiatives.

The results have been mixed. An assessment by a county advisory commission in 2008 found that the stronger chief executive officer structure had increased collaboration between departments, but had also slowed down work in some cases by adding another layer of bureaucracy. The commission found that it also had increased tensions between the supervisors and the top administrator. Three years later, the board took back control of the probation department and Department of Children and Family Services, criticizing the chief executive officer’s handling of the agencies after a series of scandals.

Former Supervisors Zev Yaroslavsky and Gloria Molina, who had supported the stronger chief executive officer, said weakening the role now may be largely symbolic, because the board never fully gave up its hands-on role in agency operations.

“Everybody meddled. We all meddled, one way or the other,” Molina said.

Yaroslavsky agreed that board members had continued to micromanage — even going as far as having their aides ghostwrite recommendations that were supposed to be coming from department heads. He added that some initiatives were stalled because of power struggles between supervisors and the chief executive.

Yaroslavsky is now advocating for an elected county executive, a proposal that has not found support among the current board members.

“Outside of the former Soviet Union, Los Angeles County is the only … 10-million-resident government that ever ran by committee of five,” he said.

On the other hand, instead of going into micro-management, some have suggested that one alternative to taking the power away from the CEO is hire a CEO that they liked and respected a bit better than they did the former CEO William Fujioka.

Posted in Charlie Beck, District Attorney, Foster Care, LA County Board of Supervisors, LAPD, Orange County | No Comments »

CA Education Bill to Help Foster Kids, LAPD Chief Charlie Beck Interview, CA Wrongful Convictions,

June 18th, 2015 by Taylor Walker


CA Assemblymember Shirley Weber (D-San Diego) has introduced a bill that would beef up California’s Foster Youth Services program (FYS). FYS provides vital education-related support to foster kids through mentoring and tutoring services. FYS, which began as a pilot in 1973, had such favorable results, that it was expanded statewide 17 years later, in 1998.

FYS and Assemblymember Weber’s related bill target a population of kids who often struggle to finish high school (nearly half of foster kids do not).

FYS in its current form, only lends support to foster kids who are living with a non-relative foster family or in a group home. Foster children living with their relatives are not eligible for the program.

AB 854 would extend services to the 40,000 foster kids living with family members—that’s two-thirds of all CA foster youth—who do not actually have better graduation rates than kids in non-relative foster homes.

Anna Maier and Zefora Ortiz have more on the bill in a story for the Chronicle of Social Change. Here’s a clip:

A 2006 study conducted on behalf of the state legislature found that nearly half of foster youth (46 percent) drop out of high school—compared with 16 percent of non-foster youth—and less than 10 percent enroll in college.

“I feel strongly that I need the authority to serve students with the greatest need,” said Lustig.

The Foster Youth Services program began as a pilot in 1973 with four California school districts, and a 1981 statute formally established and funded FYS in the four pilot districts. In 1998, the state legislature expanded grant funding to county Offices of Education with an emphasis on serving students in group homes. The 2006-07 State Budget renewed existing FYS funding and provided additional grant money for county Offices of Education to serve a broader array of foster youth, including those in juvenile detention facilities. FYS programming looks a little different in each county. But in Mt. Diablo Unified (one of the original pilot districts), the approach is working. The program supports all foster youth, regardless of their placement type. The district partners with group homes, mental health providers and local universities in order to provide comprehensive support.

“We get to see kids who are smiling and feeling good about themselves,” said James Wogan, administrator of School Linked Services, which oversees FYS programming in the district. “Many people thought [these students] would need a higher level of placement, but they get support from their peers as well as us. The culture has really taken off here.”

Throughout the state, FYS programming is showing similarly positive outcomes. A California Department of Education report for the 2012-13 school year found that participating foster youth exceeded their 90 percent target rate for attendance, and more than 70 percent of students who received tutoring met their goals for academic growth. Less than one percent of participating foster youth were expelled from school, far surpassing the target rate of less than 5 percent expulsion.


On KPCC’s AirTalk, Patt Morrison (filling in for Larry Mantle), speaks with LAPD Chief Charlie Beck about the Ezell Ford case, officer discipline, and transparency.

The chief said he wished the department had more liberty to discuss disciplinary actions against police officers. Because of confidentiality rules, Chief Beck says his hands are tied. Beck will not be able to explain the discipline (nor the rationale behind the decision) the two officers involved in the death of Ezell Ford will receive.

“I must follow the law,” Beck told Morrison. “Now, we can have discussions about what would be a better way to regulate this but that won’t change how this will be regulated.”

Last week, after Chief Beck determined the officers acted within policy, the LA Police Commission determined that one officer acted outside of department policy throughout the confrontation that ended in the death of Ezell Ford in August. The other officer involved acted improperly by drawing his weapon the first time (the second was deemed justified), according to the commission.

For backstory, Ford, a mentally ill and unarmed man, allegedly grabbed for one of the officers’ guns during an “investigative stop” in South LA, and was shot three times by the two officers.

Here’s a clip from Chief Beck’s interview:

Chief, you and the commission are looking at the same set of guidelines, why is it that you found this to be in policy and the police commission didn’t? How could that happen?

CB: Well people, as I said, disagree on this topic all the time. Reasonable suspicion is a topic of contention in every criminal case in which it applies. This is not unusual for people to have different opinions on this and especially when you recognize that I see things through my experience, in my eyes, which is very different than theirs. That’s not to say who’s right and who’s wrong, but it is to say that I have strong reasons and strong beliefs in my opinion on this. I also have my role in the process and my role is to determine discipline if it applies to the employees involved and that has yet to come and I will absolutely do the right thing on that.

Do you have a deadline for that?

CB: You know, I have a personal deadline. I’m not going to reveal that because I don’t think it helps the discussion for a couple of reasons. One of which is that by state law, I cannot make public whether or not I discipline these officers and what that discipline was so to create an expectation that there is going to be some type of announcement based on a date point would be unreasonable.

Why no mention of the police commission in your message to officers?

CB: Well, it wasn’t intended to put forth a position for or against the officers by the commission. It was intended to do exactly what it did. It was intended to tell officers that they needed to continue to develop community support, that they had community support. I used myself as an example; I used the mayor as an example; I used the vast majority of Los Angeles as the other example. No intent to omit the commission. No intent to comment one way or the other about the commission’s support for the rank and file. I know all the commissioners very well, they’re good people. I believe that they were guided by what they thought was right. I am not disparaging them; that was not the intent of the video.


On Wednesday, CA Gov. Jerry Brown approved nearly $1 million in settlements to be paid to three wrongfully convicted Californians.

A former Long Beach high school football star, Brian Banks, was cleared of a 2003 rape conviction in 2012 with help from the California Innocence Project. Banks spent six years falsely imprisoned. Once on parole, Banks met with his accuser, Wanetta Gibson, and secretly recorded Gibson admitting the accusation was false. Banks will receive $197,000.

Susan Mellen, who spent 17 years in prison after she was wrongfully convicted of murdering her boyfriend, will receive $597,200.

Ronald Ross was found factually innocent after being convicted in 2006 of assault and attempted murder. Ross will receive $229,000.

The LA Times’ Phil Willon and Patrick McGreevy have the story. Here’s a clip:

At the time, Banks insisted that their sexual contact was consensual. However, he took his attorney’s advice to plead no contest rather than risk being sentenced to 41 years to life in prison….

Banks, who as a high school player had caught the eye of coaches at USC, UCLA and other college football programs, tried out with the Seattle Seahawks and Atlanta Falcons after his release from prison but was not signed. In 2014, he was hired by the National Football League to help monitor games for problem calls by referees.

Claims are filed with the California Victim Compensation and Government Claims Board and automatically recommended to the Legislature for payment if the petitioner was wrongly convicted and found by a judge to be factually innocent.


On Wednesday, we pointed to a tour of German prisons organized by the Vera Institute of Justice and the John Jay College of Criminal Justice. Seventeen criminal justice officials and experts are examining how Germany handles sentencing, juvenile justice, incarceration, probation, rehabilitation, and other areas of the criminal justice system.

The Marshall Project’s Maurice Chammah has committed to a daily tour journal. Day two found the travelers at Heidering Prison, where inmates can smoke, cook for themselves, wear their own clothes, and visit family. Inmates never spend more than eight hours in isolation. And corrections officers are trained more, paid more, and even knock before entering inmates’ rooms.

Here’s a clip from Chammah’s day two offering:

Though the prisoners cannot access the Internet, they have telephones in their rooms, and they can call anyone — even the media.

“We have nothing to hide,” Detlef Wolf, vice governor for Heidering Prison, said with evident pride.

As the tour took turns walking through the cell, I briefly met a 24-year-old prisoner named Bryan Meyer. He was wearing his own clothes—cargo shorts, a long-sleeved t-shirt, and a black baseball cap. One of the most visually striking aspects of German prisons is how prisoners wear regular street clothes. It adds to the sense that the only thing being denied them is their liberty.

Administrators here freely work terms like “human rights” and “dignity” into speeches about their prison system, and Germans appear to view people who commit crimes as medical patients (the word “prognosis” came up a lot to describe the status of an inmate). There is little stigma after prisoners finish their sentences — employers in Germany generally do not ask job applicants if they have a criminal record, according to Michael Tonry, a University of Minnesota professor on the trip who’s studied corrections systems in the U.S. and Europe. In some cases, the cultural norms were so foreign that it was pretty much impossible to imagine them taking root in the U.S.

Once the shock wore off, the questions came, and they reflected the political and professional concerns of those doing the asking. Many of the leaders here who have been elected or appointed — including Marcantel of New Mexico and Jeff Rosen, the elected district attorney in Santa Clara, California — wanted to know about victims. Do their desires for retribution play any role in sentencing here? (In the U.S., they are often allowed to read “victim impact statements” before juries assess punishment, and prosecutors often consult with them). Do sensational murders lead to the passage of more punitive laws?

The Germans had trouble making sense of these questions. There were a lot of blank stares. In Germany, prosecutors and judges are not elected. As career civil servants, they are insulated from public opinion. Their work is more “technical,” said Gero Meinen, who directs the prison system in Berlin. The role is to protect the rational system of correction — which aims to restrict freedom the least amount necessary — from the retributive impulses that individual victims and society in general might feel.

Posted in Charlie Beck, DCFS, Edmund G. Brown, Jr. (Jerry), Education, Foster Care, LAPD, law enforcement, prison, prison policy | No Comments »

Solitary and Life on the Outside, Reauthorizing the JJDPA, Trial Date Set for Tanaka/Carey Case, More Reactions to LA Police Commission’s Ezell Ford Decision, and Tamir Rice

June 12th, 2015 by Taylor Walker


A new collaborative investigation released Thursday between the Marshal Project and NPR gathered and analyzed data from every state on inmates released from solitary confinement directly onto the streets.

Last year, 24 states dumped over 10,000 solitary confinement prisoners, who often need the most reentry assistant, right back into their communities. The other 26 states, along with the feds, either did not track or could not provide data on such releases.

The investigation has particular significance in the wake of Kalief Browder’s suicide. Browder spent three years on Rikers Island, the majority of which he spent in solitary confinement, without a trial. Browder came out of Rikers and isolation and struggled for three years with mental illness and the aftereffects of prolonged solitary confinement. Browder tried to kill himself several times before succeeding last Saturday.

These inmates who often need the most help, pre-release and post-release, get the least amount of help. For instance, inmates that remain in isolation until they are released, generally do not get to participate in re-entry classes. And in some states, including Texas, these inmates are often released without supervision. Due, in part to the mental deterioration that happens during prolonged isolation, and without much-needed help, inmates released directly from solitary often find themselves jobless, homeless, in mental hospitals, or back in prison.

The Marshall Project follows the story of Mark, young man with schizoaffective disorder and developmental disabilities who spent the majority of his teenage years in isolation, and lasted just four months on the outside, before he was locked up again. Here’s a clip:

In Mark’s home state of Texas, 1,174 prisoners were freed straight out of administrative segregation — prison jargon for solitary units housing suspected gang members or others deemed a threat to prison security — in fiscal year 2014. More than 60 percent of them emerged without any supervision, compared to only 14 percent of other prisoners released that year.

Prisoners who go straight to the street pose a danger to public safety. Analysts for the Texas Legislative Budget Board found that more than 60 percent of state prisoners released from solitary were rearrested within three years, compared with 49 percent of overall prison releases. Similar studies in Washington and California found people coming out of segregation cells had recidivism rates as much as 35 percent higher than those leaving the general population.


Dealing with the other kids at one of the juvenile facilities, Crockett State School, seemed to overwhelm him. He often retreated to his cell to pace, talk to himself, and cut his arms. His behavior was not new. In the year before his sentencing, Mark made nine trips to state mental hospitals in Austin and San Antonio for cutting and other psychotic episodes. Mark also picked up a new conviction for assaulting a guard, for which he was given three years to be served concurrently. After evaluating him three months before his 18th birthday, psychologists at Crockett concluded: “It is recommended that he be provided therapy….[and] would benefit from a program to learn independent/daily life skills.”

Instead, Mark was soon moved to a maximum-security adult prison, the Telford Unit in New Boston, Texas. And within six months, he landed in a segregation cell for allegedly threatening to escape.

Mark had told his mother that he was nervous around the older prisoners, particularly his cellmate. He had stopped taking his Seroquil and Abilify for schizophrenia, because he said they made him groggy and unable to stay alert and on guard. The other prisoners referred to him as “Crazy Boy.”

Mark was initially relieved when he was moved to solitary, thinking he would be safer. But as his mother observed, solitary was no place for people who “live in their mind.” Mark’s learning disabilities made it difficult for him to fill the time reading books or writing letters. So he paced his cell and listened to the radio. Without any other distractions, his anger and depression worsened. “You have nobody to talk to but yourself,” Mark said. “All I remember doing was just thinking about the people who hurt me.”

During their monthly, no-contact visits, Garcia saw Mark’s behavior change. He began swearing at her, flipping her off, and telling her not to come. “He wasn’t like that when he went in,” she said. She tried to pacify him by recalling happier times — their yearly trips to Disney World, the birthday parties she threw for him. But Mark could not remember any of it.

NPR focuses on Brian Nelson, a man who had similar experiences to Mark, but has managed—sometimes just barely—to rebuild his life on the outside. Nelson is now a paralegal and prisoner’s advocate at the Uptown People’s Law Center in Chicago. Here’s a clip:

When Nelson’s mother picked him up at the distant supermax prison in Tamms, Ill., he told her how he was given a television during his last year of solitary and kept seeing ads for a fast-food ice cream…

On the drive home, they stopped for a Blizzard at a Dairy Queen.

“And I’m standing there and a guy walked behind me. And I was not used to people being that close to me. And I started cussing. I turned around, I’m ready to fight because I thought I don’t know if he’s going to attack me,” Nelson recalls. “I have prison mentality in my mind. And then I looked up and saw my mom crying, like ‘Oh my God, what have they done to him?’ You know, because I couldn’t handle being around people.”

That was five years ago. It’s still hard for Nelson, 50, to be around people.


The Department of Justice estimates that about 80,000 prisoners in the U.S. are in solitary confinement. The system drastically expanded in the past 30 years as the U.S. prison population grew. Corrections officials built supermax prisons and added other new programs to isolate the inmates who were considered the most dangerous.

“The United States is unique and this is a relatively new experiment,” says Alan Mills, who is Nelson’s boss at the Uptown People’s Law Center. “And now we’re dealing with people who have spent a decade in solitary and are getting out. Mental health professionals don’t know how to deal with it. And don’t have treatment for it yet. It’s a brand new world and unfortunately it’s one that we as a society have created for ourselves.”

Mills says, at the least, prisons need to take inmates out of solitary months before they leave prison and give them mental health treatment, job training and other help to get them ready to go back home.

A few states, and the federal prison system, have started doing that.

Unlike most prisoners who are given parole when they are released, inmates in solitary are less likely to get supervision. That’s because they “max out” their sentence and fall outside the parole system.

Be sure to listen to part two, which airs on Friday (today) on Morning Edition.


On Thursday, US Rep. Bobby Scott (D-VA) introduced a bill that would revamp and reauthorize the aging Juvenile Justice Delinquency and Prevention Act. The JJDPA was first enacted in 1974 (and hasn’t been successfully reauthorized since 2002).

The JJDPA gives states funding (into the millions) for compliance with these four requirements: do not detain kids for status offenses, work to reduce disparate minority contact with the justice system, keep kids out of adult facilities (with a few exceptions), and when kids do have to be kept in adult prisons, keep them “sight and sound” separated from adults.

Scott’s new bill, the Youth Justice Act of 2015, is modeled after Chuck Grassley (R-IA) and Sheldon Whitehouse (D-R.I.)’s bipartisan reauthorization bill introduced late last year.

The Youth Justice Act would strengthen the JJDPA’s objectives and add some new functions, including removing those exceptions to keeping kids away from adults in detention facilities, as well as the exceptions that allow kids who have committed certain status offenses to be isolated for up to 24 hours.

Education Week’s Lauren Camera has more on the issue. Here’s a clip:

In addition, the bill would phase out various confinement practices that some consider dangerous, such as isolation that lasts longer than a few hours.

The measure would also create a new grant program for communities to plan and implement evidence-based prevention and intervention programs specifically designed to reduce juvenile delinquency and gang involvement.

“We have documented the power evidence-based policies have in both reducing crime and saving money, and we have realized the role that trauma plays in the lives of our disengaged youth and what it takes to get them back on the right track,” said Scott. “The Youth Justice Act builds on the strong framework of our colleagues in the Senate, and takes suggestions from our nation’s leading juvenile justice advocates on how we can make our system even safer and more responsive to our youth.”


U.S. District Judge Percy Anderson has set the date for November in the federal trial of former LA County Undersheriff Paul Tanaka and ex-captain Tom Carey. Defense attorneys originally agreed on January.

The federal prosecutors are scheduled to try several other use-of-force cases in advance of the two former LASD leaders. The Tanaka/Carey trial is expected to take around two weeks.

Baldwin Park Patch’s Mirna Alfonso has the story. Here’s a clip:

The case was initially set for trial next month, but Anderson ordered attorneys for both sides to meet and agree on a later date. Federal prosecutors in the Tanaka/Carey case are scheduled in the coming months to try three separate use-of-force cases involving current or former sheriff’s deputies, along with the trial of a deputy U.S. marshal facing civil rights homicide and obstruction of justice charges.

The Tanaka/Carey case is expected to take at least two weeks, lawyers said.

Evidence to be delivered to the defense includes a Web-searchable database and 4,000 pages of transcripts from a previous related trial, according to Assistant U.S. Attorney Margaret Carter.

Tanaka — who is on a leave of absence as mayor of Gardena — and Carey, who oversaw an internal sheriff’s criminal investigations unit, have denied the charges contained in a five-count indictment returned May 13 by a federal grand jury.


On Wednesday, after the LA Police Commission’s decision that actions taken during the incident that led to the death of Ezell Ford were unjustified, LAPD Chief Charlie Beck recorded a video message to express his support for the rank and file…

The video riled the LA Police Commission because in it, Chief Beck tells officers that they have the support of their chief, Mayor Eric Garcetti, and “the vast majority of the people of Los Angeles.” The Police Commission was not included in the list of supporters. The LA Times interviewed the president of the commission, Steve Soboroff, and Chief Beck about the video. Here’s a small clip:

Soboroff bristled at any suggestion that the commission didn’t support officers. “To intimate that I don’t care or don’t have the best interests of officers — it’s hurtful but it’s so untrue,” Soboroff said. “It’s so outrageous and so against anything that I feel or that I’ve ever displayed.”

Beck told Soboroff that it was not his intention to suggest that commissioners didn’t back the officers.

“It was not intended to infer lack of support by the Police Commission,” Beck later told The Times. “I have viewed it [the video] several times and I don’t believe it is reasonable to come to that conclusion based on the content.”

The LA Police Protective League (LAPPL) issued a statement Thursday in support of Chief Beck, calling the commission’s decision “self-serving” and “irresponsible.” Here’s a clip:

Surprisingly, the Police Commission, who was privy to the same facts as Chief Beck, came away with a different conclusion. It unanimously reached a finding that left many, including the LAPPL, scratching their heads and wondering how the Commission could let the usual protesters and external political forces influence their decision on this extremely important matter. Beyond being self-serving, the decision was downright irresponsible and has the potential to put the officers that protect this city at risk by signaling to criminals that it is OK to reach for an officer’s weapon depending on the situation.

The Commission got this wrong. Instead of focusing on the multiple forms of hard evidence, including the fact that Ford was a known gang member with a lengthy criminal history of violent crimes, the Commission cited and stretched thin the “objectively reasonable” standard established in the 1989 U.S. Supreme Court case of Graham v. Connor. A standard that the court later noted should not be the primary driver determination, noting that “reasonableness must embody allowance for the fact that police officers are often forced to make split-second judgments—in circumstances that are tense, uncertain, and rapidly evolving—about the amount of force that is necessary in a particular situation.”

LAPPL President Craig Lally also spoke to the Times about the video, saying that if Chief Beck had included the commission in the list of supporters, it would have discredited the entire video. “You can’t say that you support the cops and make a decision like that,” said Lally.

We will continue to track this story, which is clearly far from over.


On Thursday, nearly 200 days after the fatal shooting of 12-year-old Tamir Rice in Cleveland, Municipal Court Judge Ronald Adrine ruled that there was probable cause to prosecute the two officers involved in the 12-year-old’s death. (If you need a refresher: Tamir Rice was playing with a toy gun outside of a recreation center with his sister when he was shot by Officer Timothy Loehmann.)

A group of activists and clergy filed affidavits asking the court to arrest Loehmann and another officer, Frank Garmback. The ruling is essentially a recommendation to Cuyahoga County Prosecutor Timothy McGinty and city prosecutors, as the case will automatically go before a grand jury, according to Ohio law. Judge Adrine recommended charging Loehmann with murder, involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty, and Garmback of negligent homicide and dereliction of duty.

McGinty says he is investigating the shooting.

The Atlantic’s David Graham has the story. Here’s a clip:

In response to a petition from citizens, under an obscure and little-used provision of Ohio law, Municipal Court Judge Ronald Adrine agreed that Officer Timothy Loehmann should be charged with several crimes, the most serious of them being murder but also including involuntary manslaughter, reckless homicide, negligent homicide and dereliction of duty. Adrine also found probable cause to charge another officer, Frank Garmback, with negligent homicide and dereliction of duty. He rejected aggravated murder charges against both officers. (The Guardian has the full order here.) Referring to the “notorious” video of Rice’s death, the judge wrote, “This court is still thunderstruck at how quickly this event turned deadly.”

But Adrine did not order the two men to be arrested. He stated that because the law under which the affidavits were filed had been amended in 2006, judges no longer have the authority to issue warrants themselves in such cases.

Instead, Adrine forwarded his opinion to city prosecutors and Cuyahoga County Prosecutor Timothy McGinty, who says he is currently investigating the case. And he took pains to note that prosecutors are required to apply a different standard before filing charges, determining that it is more probable than not that a reasonable “trier of fact” would hold the officers accountable for any alleged crimes.

The affidavit filed Monday was intended to jumpstart the process of prosecution; it’s been more than 200 days since Rice, a 12-year-old black boy, was shot and killed in a city park. Adrine’s finding of probable cause may increase pressure on McGinty. But since all murder prosecutions have to go through a grand jury under Ohio law, Adrine’s order just funnels the case back to where it was before—waiting for McGinty to act.

It’s been 199 days since Tamir Rice was shot to death by a Cleveland police officer. And for a group of community leaders in the Forest City, that’s too long to wait for prosecutors to charge the officers involved in the shooting. Instead, they went to a municipal court judge Tuesday morning and asked him to issue a warrant for the officers on charges of murder, aggravated murder, involuntary manslaughter, reckless homicide, negligent homicide, and dereliction of duty.

If that sounds confusing, it’s not just you. The activists made the request under an obscure provision of Ohio law that entitles citizens to file an affidavit demanding an arrest.

Posted in Charlie Beck, Eric Garcetti, juvenile justice, LAPD, LASD, Paul Tanaka, prison policy, Reentry, solitary | 13 Comments »

Kids, Weapons, and Trauma…Ezell Ford…”Breaking Barriers”…and SF Sheriff Lets More Kids Visit Jailed Parents

June 10th, 2015 by Taylor Walker


In the US, one-in-four kids between the ages of 2-17–a “disturbingly” high number—have been exposed, either as a victim or a witness, to weapon-related violence, according to a study published in the journal Pediatrics. The researchers collected data from 2011 on 4114 kids from the Second National Survey of Children’s Exposure to Violence.

One in 33 kids have been personally assaulted with a gun or a knife. Children who had experienced weapon-involved violence were more likely to have more than one instance of victimization in the past year. Kids were also faced with more adversity in that year, and severe symptoms of trauma in just the past month.

The study calls for more rigorous data research on the effects of weapon exposure on kids, including the role it plays in kids’ mental health and wellbeing:

…there is still much we do not know about youth weapon exposure and firearm exposure in particular. For example, firearm factors may play into the victimization accumulation cycle in various, yet undetermined, ways. Negative firearm exposures, for example, may make particularly salient or traumatizing contributions to the cycle. Firearm fascination, acquisition, and carrying may be a response among highly exposed children and youth, which may in turn aggravate the cycle. Positive firearm experiences, on the other hand, for some youth may moderate or buffer the effects of victimization exposure. Findings from the current study suggest the need for a more comprehensive understanding of the range of firearm exposures for youth and the contexts that increase risk of harm and victimization.


On Tuesday the Los Angeles Police Commission determined that one officer acted outside of department policy throughout the confrontation that ended in the death of Ezell Ford last August. The other officer involved acted improperly by drawing his weapon the first time (the second was deemed justified), according to the commission.

For backstory, Ford, a mentally ill and unarmed man, allegedly grabbed for one of the officers’ guns during an “investigative stop” in South LA, and was shot three times by the two officers.

The commission used two reports—one from LAPD Chief Charlie Beck, who found the officers to have acted within department policy, and one from the Inspector General, who said the shooting was justified, but that the officers should have approached Ford differently.

The commissioners made their decision after hearing emotional, and sometimes heated, public testimony, including from Ford’s mother, who begged for the cops to be disciplined in the name of justice.

Now, Chief Beck will have to decide how, and whether, to punish the officers.

The New York Times’ Jennifer Medina has the story. Here’s a clip:

The decision by the committee, known as the Los Angeles Board of Police Commissioners, was initially met with confusion, as angry observers yelled “murderers, murderers” at the commissioners. Steve Soboroff, the commission’s president, said the panel’s findings would be sent to the district attorney, who is conducting a separate investigation and would ultimately decide if charges against the officers were warranted.

Los Angeles has a long history of tense relations between the police and the black and Latino communities, and many community leaders worried that a ruling absolving the officers would set off unrest. Occurring last summer, just two days after the shooting of Michael Brown, a black teenager, by a white police officer in Ferguson, Mo., Mr. Ford’s death set off a wave of protests here.

“Today the system worked the way it is supposed to with an impartial civilian review board,” Mayor Eric Garcetti said in a news conference at City Hall on Tuesday. While he praised the changes the city has made since the riots of 1965 and 1992, he acknowledged that deep divides remain in the city. “I know it is a painful moment to be a young Angeleno,” he said. “You should always feel safe, you should always feel strong here as well.”

“Ezell Ford’s life mattered, black lives matter,” Mr. Garcetti continued. “We have a system that can work. Every life matters but due process matters, too.”


Through the LA County Department of Health Services, 300 people who are homeless and on probation for a felony will receive housing, mental health and substance abuse treatment, employment services, and a personal caseworker.

Approximately 1,400 probationers are homeless out of the 8,000 who are under LA County supervision due to AB 109 (the 2011 legislation that shifted responsibility for certain low-level offenders away from the state to the 58 counties). The program, Breaking Barriers, will provide full or partial rent for up to two years, by which time, the program will have hopefully helped participants find employment and become independent.

A combined $6.2 million from the county probation department and the Hilton Foundation will fund the program, which may be the first of its kind, nationwide. If the RAND Corporation determines the program to be successful, probation will likely increase funding and expand to serve more homeless probationers.

KPCC’s Rina Palta has more on the program. Here are some clips:

The program will target high and medium risk offenders recently out of state prison. Under 2011′s AB 109 realignment law, those offenders are supervised by county probation departments, as are offenders on felony probation. Of the 8,000 AB 109-ers under supervision in L.A. County, about 1,400 are homeless.

Previously, such offenders were steered into 90-day transitional housing with services, and were then expected to move on. Perez said that wasn’t working.

“Especially for some of these folks who have significant substance abuse issues or mental health issues, or significant medical issues,” she said. “Ninety days isn’t sufficient time to enable anybody, really, to address all of the issues needed to stabilize these folks.”


Tyler Fong, program manager with Brilliant Corners, a nonprofit hired to find housing for the participants, said people who work in social services have known for years that being homeless is essentially a full-time job.

“That takes up a huge percentage of someone’s time, and stress, and effort, that they aren’t able to focus on improving their lives,” he said.

Fong also works on Housing for Health, a county health department program up and running for about two years. It gives longterm rental support to patients who frequent the public health system.

That approach attracted the attention of the Probation Department, which asked to make use of the same structure to work with its own population. DHS Director Mitch Katz has said he wants to eventually make 10,000 rental subsidy vouchers available to homeless Angelenos who are frequent users of county services.


On Monday, San Francisco Sheriff Ross Mirkarimi lowered the minimum age to sixteen-years-old for kids visiting parents in jail. No other California county allows jail visitors under the age of eighteen, unless accompanied by an adult. Mirkarimi says his goal is to make it easier for SF kids who don’t have a loved one who can take them to see their incarcerated parents, and to hopefully make family reunification easier when parents are released back into their communities. There are approximately 1,000 children in San Francisco with a parent locked up in county jail.

The sheriff is also establishing “goodbye visits” for kids whose parents are being transferred to state prisons.

SF Gate’s Vivian Ho has more on the policy changes. Here’s a clip:

“We think it’s time that the U.S. criminal justice system from the municipal, state and federal level stops punishing the children of incarcerated parents and guardians,” Mirkarimi said. “The effect has been well-studied and proven, but not well-acted upon — children of the incarcerated have a higher probability of running afoul of the law later on, and also suffer and struggle in ways that I don’t think our society fully understands.”

A systemwide study by the Bridging Group, a consulting organization that studies the effects of incarceration, found that of the 907 San Francisco County Jail inmates it surveyed, 536 were parents or primary caregivers for children under the age of 25.

There are currently about 1,200 inmates in San Francisco County’s jails, according to the sheriff’s department.

However, of the 536 inmates with children, only 34 percent of them reported having jail visits from their kids. Many blamed that on travel and other costs they couldn’t afford, and conflict with caregivers.


Mirkarimi’s new policy will also establish what are known as “goodbye visits” — in-person meetings for children whose parents will be transferred to state prison. The meetings give the children and parents more time to bond while they strategize on how to communicate while the parent is farther away.

“This allows kids to really understand what is happening, and also allows people to make plans for how to stay connected,” said Sarah Carson, a manager with One Family, which advocates for incarcerated parents and their families. “Because when you get out of prison, the most important thing is that you have family to come home to. That is what makes recidivism rates go down — when there is something there that holds you.”

Posted in ACEs, Charlie Beck, Eric Garcetti, jail, LAPD, Probation, Reentry | 6 Comments »

Realignment Revisited, CA Bill to Conceal Child Abuse Death Cases, Dzhokhar Tsarnaev, and Crowdfunding Lawsuits Against Law Enforcement

May 21st, 2015 by Taylor Walker


California’s prisoner realignment, which went into effect in October of 2011, shifted the incarceration burden for certain low-level offenders away from the CDCR (California Department of Corrections and Rehabilitation) to the states’ 58 counties.

In 2013, the Public Policy Institute of California looked at what effect, if any, realignment had on crime in its first year of existence. It found a slight uptick in violent crime, but noted that it was comparable to similar increases in violent crime elsewhere in the country in states that had no new realignment strategy. (There was however, an anomalous uptick in auto theft, for which the researchers had no explanation.) At the same time, in that first year, the state’s prison population dropped by around 27,000 to 133,400 inmates.

On Tuesday, the Public Policy Institute of California released a second report, finding that in 2013, crime rates dropped several percentage points (or more) in all categories of violent crime and property crime calculated.

And, thanks to realignment, and more recently, Prop 47, the state’s prisons are now 2,200 inmates below the 137.5% capacity deadline set by a panel of federal judges. (Prop 47 reclassified certain non-violent drug and property-related felonies as misdemeanors.) County jail population growth has also slowed down.

A Sacramento Bee editorial lauds California Governor Jerry Brown’s criminal justice reform efforts, calling realignment an important accomplishment and a model for the nation.


A “trailer bill” tucked away in the CA budget proposal would hide records of child deaths at the hands of a parent’s boyfriend or girlfriend. It would also limit access to other case notes, and keep social workers’ identities secret in such cases. Interestingly, the bill would also implement a federal order to release case files when kids are brought close to death.

Because the bill is attached to the budget, it will bypass the usual committee review process.

According to the Times, the bill could be voted on as early as today (Thursday).

The LA Times’ Garrett Therolf has more on the bill. Here are some clips:

…state and county officials implemented a battery of child protection reforms that child welfare advocates credit with reducing the number of children who die because of abuse and neglect.

But the bill currently under consideration would relax deadlines for the release of records, and keep the names of social workers secret. It would deny the public access to original case notes, instead providing abbreviated summaries of how the government attempted to protect vulnerable children.

It would also exclude the public from reviewing case files concerning children who were killed by their parents’ boyfriends or girlfriends.

[EDITOR'S UPDATE: We have just deleted a sentence in our clip from this LA Times story. It had to do with DCFS's purported sponsoring of this worrisome bill, which---according to information we have subsequently received---turns out to be incorrect. (A DCFS spokesman said that those at his office first learned of the bill's existence this morning from the LAT's and WLA's reporting. He assured me that DCFS is not at all in favor of the information-restricting proposed legislation.)

The Times too has removed the problematic sentence, although without notifying readers that they have done so. Instead the faulty information just unaccountably vanished. (Bad LAT, no cookie!)]


Pete Cervinka, the deputy director of the social services department who reportedly led efforts to draft the rollback, declined to answer questions about the proposal.

A spokesman noted that the department had not yet publicly introduced the language of the bill, which he said will implement a federal mandate to release records for the first time in cases where children are injured to the point that they are “near death.”


In a story for the Nation, Debbie Nathan, a journalist and freelance “mitigation specialist” for death penalty cases, gives an interesting take on Dzhokhar Tsarnaev’s case from the eyes of someone whose job is to “de-monster the monsters.”

In death penalty cases, when guilt is already established, mitigation specialists dig through the defendant’s past to present a humanizing narrative that will sway jurors to spare the defendant’s life. Often, according to Nathan, the investigations turn up prior abuse, mental illness, and other traumas. But, Nathan says, the concepts and practices of mitigation investigations, vilification, and even innocence claims are indicative of a broken criminal justice system. Nathan argues that humans should be allowed to make bad decisions, even catastrophic ones, and remain among the living.

Here are some clips from Nathan’s insider take on the issue:

We search out hardship in early life. In death-penalty cases, this is usually like shooting into barrels of fish. Capital murder is an extreme behavioral outlier and almost always is associated with a gross inability to control one’s frustration, anger, and other antisocial impulses. The problem is most often associated with conditions like intellectual disability, mental illness, exposure to environmental and workplace toxins, and substance abuse. Learning this background can liberate a jury from simplistic and legalistic notions of “guilt,” toward the more complicated understanding that when terrible things happen to someone, even grotesquely violent responses are imbued with a quantum of moral innocence.


Exposition. Rising action. A plot gone awry and a horrible climax. The denouement remains to be written. We mitigation specialists hope the poetics of our client’s life will move the jury to consider their own poetics. To think, as they lie in bed at night after court: “There but for the grace of God go I. Or my child!” They might vote to kill a monster, but not a human. Mitigation narratives don’t work all the time—witness what’s just happened with Tsarnaev. But they work often enough, and they save lives.

As a result of this work, I see capital cases from the inside. I see privy things. Very occasionally, I see strong evidence that someone is actually innocent: they seem truly to have done no wrong. These cases underscore the State’s outsized and often corrupt power, exercised though egomaniacal and dishonest district attorneys, lying cops, inept “experts.” These cases have become a powerful argument against the death penalty.

But I’ve also seen cases in which the defendant and his lawyers have publicly claimed innocence—yet during my work I’ve found evidence suggesting my client is guilty. I’ve seen attorneys hide the “bad facts” of the case—facts, kept quiet by the defense, which suggest that my client did commit murder. These are the moments in which I question the corrosive role that “innocence” plays in criminal justice, and in our effort to reform that broken system.

Claims of innocence can be tremendously useful tools. In court they can rout a death sentence, particularly when raised on appeal to contest an execution that is imminent. Politically, innocence claims are a potent argument against capital punishment, because who, even among the most die-hard of capital punishment advocates, wants to mistakenly execute the blameless?

But innocence claims, even in far lesser crimes than murder, can be as corrosive to our struggling comprehension of humanity as is the prosecutor’s rant about “monsters.” Handed down in courtrooms and in the court of public opinion, a judgment of innocence gives indigent people, people of color, and immigrants the right in America to live. But the other side of the shiny coin of innocence is the crumpled currency of guilt. You’re not innocent? You fucked up? Then you deserve your exile—prison for an eternity, ejection from the United States, your life injected away on a gurney. After all, you’re not innocent.


Anoush Hakimi turned to crowdfunding to “level the legal playing field” by helping indigent victims of alleged police abuse pay their attorney’s fees.

KPCC’s Frank Stoltze has the unusual story. Here’s a clip:

The effort is designed to address a perennial problem in police abuse litigation: most victims are poor and their attorneys only get paid when there’s a settlement or a jury finds in their favor.

In the meantime, attorneys spend their own money to hire expert witnesses, conduct discovery and prepare the case.

“So naturally, plaintiff attorneys are reluctant to take on cases unless they are a slam dunk,” said Hakimi, 37, a Century City finance lawyer. “This leaves a lot of people out in the cold.”

Too often, he argued, victims are forced to settle a case on the cheap because their lawyers can’t afford to fight. The Iranian immigrant, who graduated from UCLA Law School, said he co-founded to raise investor money to bolster good cases.

Hakimi said investor money will “level the legal playing field” against deep-pocketed cities, counties and corporations.

Posted in Charlie Beck, Death Penalty, Edmund G. Brown, Jr. (Jerry), Innocence, LAPD, LASD, law enforcement, prison, Realignment | No Comments »

The “Masonic Fraternal Police Department”… “Smart on Juvenile Justice” Initiative…Preventing Forensic Failures…LAPD Chief “Concerned” About Venice Shooting…and More

May 7th, 2015 by Taylor Walker


Three people, including an aide to California Attorney General Kamala Harris, Brandon Kiel, were arrested late last week after allegedly promoting their unsanctioned “Masonic Fraternal Police Department,” and claiming to be police officers.

Kiel and the two others accused, David Henry and Tonette Hayes have been charged with multiple counts of impersonating a police officer, among other charges.

Witnesses said Henry introduced himself around Santa Clarita as a “police chief.” The group also apparently introduced itself to law enforcement agencies across the state, and claimed to be connected to Knights Templar.

The LA Times’ Joseph Serna, Javier Panzar, and Matt Hamilton have the story. Here’s how it opens:

Los Angeles County Sheriff’s Capt. Roosevelt Johnson thought it was odd when three people — two of them dressed in police uniforms he didn’t recognize — strolled into the Santa Clarita station in February.

One man introduced himself as chief of the Masonic Fraternal Police Department and told Johnson this was a courtesy call to let him know the agency was setting up shop in the area.

They met for 45 minutes, Johnson said, but he was left confused and suspicious — so much so that he immediately ordered deputies to pull station surveillance video so they would have images of the visitors. He also assigned detectives to check them out.

“It was an odd meeting,” the captain recalled. “It just raised my suspicion level.”

This week, the three people were charged with impersonating police officers. They are David Henry, who told Johnson he was the police chief, Tonette Hayes and Brandon Kiel, an aide to state Atty. Gen. Kamala Harris.

It turns out Henry, Hayes and Kiel had allegedly introduced themselves to police agencies across the state, though it is unclear why. A website claiming to represent their force cites connections to the Knights Templars that they say go back 3,000 years. The site also said that the department had jurisdiction in 33 states and Mexico.

“When asked what is the difference between the Masonic Fraternal Police Department and other police departments, the answer is simple for us. We were here first!” the website said.

Los Angeles County prosecutors said the whole effort was a ruse, though for what purpose remains unclear. The investigation is continuing.


The Washington Post’s Radley Balko breaks down some interesting reasons why forensic lab misconduct and mistakes occur, and what to do about these problems. Here’s a clip:

Crime lab analysts are supposed to be neutral parties interested only in getting the science right. But the system is often structured in a way that makes them part of the prosecution’s “team.” In fact in many jurisdictions, crime labs actually get paid per conviction, not per analysis — about as clear a perversion of objectivity as one can imagine. Of course, the pressures and incentives needn’t be that explicit. For example, just knowing extraneous details about a case can produce cognitive bias, even in as accepted a field as DNA analysis.

There are two fundamental things that need to be done to reform the field of forensics. The first is to purge the courts of specialties that have no basis in science. With the fields that are left, we have to turn these incentives around, so that the performance of crime lab technicians is measured only on whether or not they perform accurate analyses.

Unfortunately, there has been very little discussion of the incentive problem among the various federal agencies charged with looking into reform. Possibly moving crime labs out from under offices of state attorney general or state police organizations is about as far as the suggestions go. They need to go further. Over at Reason, Roger Koppl, a professor of finance in Syracuse University’s Whitman School of Management and a faculty fellow in the school’s Forensic and National Security Sciences Institute, has some concrete suggestions.

Cross-lab redundancy. A jurisdiction should contain several competing forensic labs. Some evidence should be chosen at random for multiple testing at other labs. This creates checks and balances.

Independence. Put crime labs under the department of health, not the cops….

Read the rest.


President Barack Obama is seeking $30 million in the 2016 juvenile justice budget for the “Smart on Juvenile Justice Initiative,” which would focus on reducing states’ reliance on juvenile detention, and replacing it with community-based treatment and programs that improve public safety, reduce recidivism, and save money.

President Obama has already funded a successful pilot version in which three states, Georgia, Hawaii, and Kentucky, received $200,000 each to shift away from locking kids up.

Other municipalities and states are making similar efforts.

In California, most incarcerated kids are housed in county detention facilities, but many more need to be receiving care at the community level.

Santa Clara has been particularly successful on this front. (Read about what Santa Clara has been doing to help justice-system involved kids: here, here, and here.)

The Juvenile Justice Information Exchange’s Gary Gately has more on the initiative. Here are some clips:

“The Smart on Juvenile Justice Initiative will drive nationwide system reform, guiding states toward a developmentally informed approach that maximizes cost savings and strategically reinvests those savings into efforts that improve outcomes for youth,” said Robert Listenbee, administrator of the federal Office of Juvenile Justice and Delinquency Prevention, in an emailed statement.

Congress has yet to approve the requested funding, though the Obama administration has funded a pilot of the program, rolled out last year in Georgia, Hawaii and Kentucky, working with private foundations and the Washington-based nonprofit Pew Charitable Trust’s Public Safety Performance Project.

The states, each of which received $200,000, worked to divert youths from the juvenile justice system, provide community-based alternatives, decrease correctional spending and improve public safety.

“It was clear the status quo was not working,” says a Pew video that points out the initiative has begun achieving many of its chief goals.

Juvenile justice advocates embraced the Obama administration’s request to take Smart on Juvenile Justice nationwide.

“If you look at the data for what kids are locked up for in the ‘deep end’ of the system, there’s a lot that shows that these kids don’t need to be incarcerated,” said Liz Ryan, president and CEO of the Washington-based nonprofit Youth First! Initiative, which seeks to dramatically reduce incarceration in state facilities while increasing community-based alternatives.

“You see the stats for kids with misdemeanors, you see kids in for probation violations, you see drug violations,” Ryan said. “We’re overusing the most expensive option for kids when we really don’t need to be doing that. It’s a waste. It’s a waste of money; it’s also harming children: The human cost is huge, and when we look at the fact that kids being sent through the juvenile justice system are far more likely to be incarcerated in the adult criminal justice system, we really have to ask why are we putting so many kids in locked facilities?”


On Tuesday evening in Venice, an LAPD officer shot and killed Brendon Glenn, a 29-year-old homeless man who was unarmed.

After reviewing video of the incident, LAPD Chief Charlie Beck said he was concerned by the shooting, and that he did not see “extraordinary circumstances” that would be necessary to justify shooting an unarmed man.

KTLA’s Tracy Bloom, Mark Mester, Melissa Pamer, and Courtney Friel have the story. Here’s a clip:

The man, described as a transient, had been involved in an altercation with a bouncer at a nearby bar prior to police being called, LAPD Detective Meghan Aguilar initially said Wednesday morning. Police were called with a report of a man “disturbing the peace” and “harassing passersby,” she said.

Officers spoke with the man, who then walked away toward the boardwalk, Beck said. Soon after, officers saw the man approach an individual and start a fight, the chief said.

“The officers attempted to detain the suspect, and an altercation occurred between the two officers and the suspect. During that physical altercation, an officer-involved shooting occurred,” Beck said.

Officers called for a rescue ambulance and began to perform CPR; city firefighters responded and took the man to a hospital, where he died, according to the chief.

A friend who knew Glenn said he didn’t deserve his fate.

“Whatever reason that they had to shoot him, I don’t think it was justified because he wasn’t a confrontational human being by any means,” local resident Henry Geller said. “He was definitely like a peacemaker.”

Glenn was a regular the Teen Project’s the P.A.D., a Venice support center for homeless youth, according to Timothy Pardue, who runs the center. Glenn, who had recently moved to the area from New York, had come to a support group meeting on Tuesday night, Pardue said.

“He was crying and he was even saying he wanted his mom, and he just said his mom didn’t want him back home,” Pardue said. “He struggled with a lot of things.”

Craig Lally, President of the Los Angeles Police Protective League, objected to the police chief sharing an opinion on “an incident that is in early stages of investigation…without having all of the facts.”


In 2012, San Diego police officer Jonathan McCarthy shot an unarmed man, Victor Ortega, at the end of a chase on foot, after responding to a 911 call from Ortega’s wife after a dispute.

McCarthy said Ortega reached for the officer’s weapon in an alley, but there were inconsistencies in McCarthy’s storyline. Expressing doubts at the particulars of McCarthy’s story, U.S. District Court Judge Larry Burns denied San Diego’s request to throw out a federal lawsuit filed by Ortega’s wife, Shakina.

The city appealed Judge Burns’ ruling, and filed a brief last week insisting that the inconsistencies were irrelevant, and that McCarthy should not be denied qualified immunity, as he had probable cause to fear for his life.

Kelly Davis has the story for Voice of San Diego. Here’s how it opens:

The alleyway where Victor Ortega died, the one that cuts up the middle of Court 84 of the Mesa Village apartments in Mira Mesa, is a little more than 3 feet wide. Enclosed by a high stucco wall on one side and a fence on the other, it’s a cramped space. It’s where, on the morning of June 4, 2012, San Diego police officer Jonathan McCarthy shot and killed the 31-year-old unarmed father of two after Ortega allegedly grabbed for the officer’s gun.

Townhouses surround the alley, but there were no witnesses to Ortega’s death. Two residents told investigators they saw, from their window, McCarthy and Ortega engaged in a struggle, but turned away seconds before shots were fired. Several other people reported hearing Ortega say a stunned “Are you kidding me?” and “I’ll sue you” moments before gunfire.

McCarthy, who had spent just two years on the force before the incident, told police investigators that he feared for his life before he shot Ortega. Based on the officer’s version of events, prosecutors said Ortega’s killing was justified.

But police reports, depositions, interview transcripts and other evidence disclosed in a federal lawsuit filed two years ago by Ortega’s widow reveal inconsistencies in McCarthy’s account of what happened in the alleyway immediately before Ortega’s death. U.S. District Court Judge Larry Burns, who is presiding over the case, recently expressed doubt that it would be possible for McCarthy to have done everything he said he did during his altercation with Ortega.

In denying the city’s request to throw out the lawsuit, the judge ruled that McCarthy’s story has enough holes that a jury needs to sort out what happened.

“Plaintiffs,” Burns wrote, “have submitted evidence that would give a reasonable jury pause.”

Ortega was killed almost three years ago, but his case shares some of the same characteristics as other disputed police shootings that have recently inflamed communities across the country. A police officer pursued an unarmed criminal suspect. A struggle ensued with conflicting evidence about what occurred. And the suspect ended up dead.

In Ortega’s case, everything began with a call to 911.

Posted in Charlie Beck, juvenile justice, Kamala Harris, LAPD | 9 Comments »

Loretta Lynch, Baltimore, and Two Important Decisions Before the LA County Supes…and More

April 28th, 2015 by Taylor Walker


On Monday, Loretta Lynch was sworn in as the first female US Attorney General. Lynch replaced Eric Holder, who was the first black Attorney General.

Here are a few clips from AG Lynch’s speech at the Justice Department:

…my mother, who could not be here today but is never far from my thoughts or my heart. She grew up in a world where she was always told what she could not do or could not be, but always knew in her heart that she could soar. She did what would have seemed impossible in the small North Carolina town of her youth. She raised a daughter whom she always told, whatever the dream, whether lawyer, prosecutor or even Attorney General, “of course you can.”


Because I am here to tell you, if a little girl from North Carolina who used to tell her grandfather in the fields to lift her up on the back of his mule, so she could see “way up high, Granddaddy,” can become the chief law enforcement officer of the United States of America, then we can do anything.

We can imbue our criminal justice system with both strength and fairness, for the protection of both the needs of victims and the rights of all. We can restore trust and faith both in our laws and in those of us who enforce them. We can protect the most vulnerable among us from the scourge of modern-day slavery – so antithetical to the values forged in blood in this country. [my ital] We can protect the growing cyber world. We can give those in our care both protection from terrorism and the security of their civil liberties. We will do this as we have accomplished all things both great and small – working together, moving forward, and using justice as our compass.

I cannot wait to begin that journey.

But while Vice President Joe Biden was swearing Lynch in, the turbulent situation in Baltimore, MD further deteriorated.

This afternoon, the new Attorney General issued a statement on the riots, urging Baltimore citizens to put an end to the violence.

Here’s a clip:

“I condemn the senseless acts of violence by some individuals in Baltimore that have resulted in harm to law enforcement officers, destruction of property and a shattering of the peace in the city of Baltimore. Those who commit violent actions, ostensibly in protest of the death of Freddie Gray, do a disservice to his family, to his loved ones, and to legitimate peaceful protestors who are working to improve their community for all its residents.

“The Department of Justice stands ready to provide any assistance that might be helpful. The Civil Rights Division and the FBI have an ongoing, independent criminal civil rights investigation into the tragic death of Mr. Gray…

“As our investigative process continues, I strongly urge every member of the Baltimore community to adhere to the principles of nonviolence. In the days ahead, I intend to work with leaders throughout Baltimore to ensure that we can protect the security and civil rights of all residents. And I will bring the full resources of the Department of Justice to bear in protecting those under threat, investigating wrongdoing, and securing an end to violence.”


To keep track of the latest developments in Baltimore, the Baltimore Sun has a live update feed.

The New Yorker’s Jelani Cobb writes about the complex weave of underlying causes that led to Monday’s violence. Here’s a clip:

The sliver of hope that Baltimore might not fully teeter into bedlam went up along with the neighborhood CVS, the police vehicles, and the buildings that were ignited on Monday. The day began with a plea for a moratorium on protests from Fredricka Gray, Freddie Gray’s twin sister, so that her family might bury her brother in peace. But by the afternoon, there was no peace for Gray’s family, nor any other in the city. On Monday afternoon, the governor of Maryland issued a state of emergency. Flyers for a Saturday rally issued by the Black Lawyers for Justice urged protestors to “shut the city down.” Two days later, the city is a theater of outrage. The flames leaping into the sky underscored a crucial concern: if the pleas from Freddie Gray’s family could not forestall violence in the streets of Baltimore, the difficult question will be what can prevent more of it.

The Atlantic’s Conor Friedersdorf shines a light on a pile of underreported police department abuses that fueled the Baltimore protests (and now, the riots). In one instance, a cop allegedly beat an 87-year-old woman while she tried to help her 11-year-old grandson who had been shot. Another cop allegedly tased a hospitalized meningitis patient to death.

Here are some clips, but read the rest of Friedersdorf’s story:

Let’s start with the money.

$5.7 million is the amount the city paid to victims of brutality between 2011 and 2014. And as huge as that figure is, the more staggering number in the article is this one: “Over the past four years, more than 100 people have won court judgments or settlements related to allegations of brutality and civil-rights violations.” What tiny percentage of the unjustly beaten win formal legal judgments?


There was a murder-suicide, with a policeman killing a firefighter, his girlfriend, and himself. There was a different officer who killed himself in jail after being charged with killing his fiancée. In yet another case, “Abdul Salaam, 36, says he was beaten in July 2013 after a traffic stop by officers Nicholas Chapman and Jorge Bernardez-Ruiz and that he never got a response to his complaint filed with internal affairs,” The Sun reported. “Those officers would be implicated less than three weeks later in the death of 44-year-old Tyrone West while he was in police custody.” Also in 2013, a jury acquitted an off-duty police officer on manslaughter charges after he chased down and killed a 17-year-old boy who may or may not have thrown a rock that thumped harmlessly into his front door.

David Simon, creator of The Wire, former Baltimore Sun reporter, and author also called for an end to the tidal wave of violence in Baltimore.

Here’s a clip from his blog, The Audacity of Despair:

…the anger and the selfishness and the brutality of those claiming the right to violence in Freddie Gray’s name needs to cease. There was real power and potential in the peaceful protests that spoke in Mr. Gray’s name initially, and there was real unity at his homegoing today. But this, now, in the streets, is an affront to that man’s memory and a dimunition of the absolute moral lesson that underlies his unnecessary death.

If you can’t seek redress and demand reform without a brick in your hand, you risk losing this moment for all of us in Baltimore. Turn around. Go home. Please.


On Tuesday, the LA County Supervisors are slated to vote on whether to launch and fund a two-year pilot program to prevent intergenerational abuse among foster children who become parents. The program would cost $202,000 and would provide parenting assistance to recently aged-out foster kids who have children of their own (or are expecting). The program, to be run by the non-profit, Imagine L.A., would pair the young parents with five volunteer mentors to help with every day activities like taking kids to sports practice and tutoring.

KPCC’s Rina Palta has more on the proposed pilot program. Here’s a clip:

Harvey Kawasaki of the Department of Children and Family Services said many young adults depend on their parents to help with those kinds of things when they have children of their own. But these youths, who are aging out of foster care, don’t necessarily have that relationship.

“Having a family-mentoring service is creating a surrogate family,” Kawasaki said.

He said the idea is unique in L.A., as most DCFS programs deal with either responding to reports of child abuse or preventing it from reoccurring. This project would target the children of former foster children, something that hasn’t been done before. An estimated 200 foster youth in L.A. County are parents themselves.

“In some sense, this project is trying to test out whether or not this family-mentoring model will prevent intergenerational child abuse,” Kawasaki said.


In 2013, the US Justice Department slammed the Los Angeles Sheriff’s Department with 46 pages of “findings” regarding Lancaster and Palmdale deputies’ alleged systemic racial bias against minorities. The DOJ also ordered the LASD, LA County’s Housing Authority, and the cities of Lancaster and Palmdale, to cough up $12.6 million to pay residents who had allegedly been subject to harassment, discriminatory search and seizure, excessive use of force, and more. (Read the backstory.)

On Tuesday, the LA County Board of Supervisors is expected to approve a settlement with the DOJ. The full details of the proposed settlement are not available, but the Sheriff’s Dept. will reportedly have to compensate those whose rights have been violated and agree to (and comply with) orders regarding excessive force, training, and community relations.

The LA Times’ Abby Sewell has more on expected settlement. Here’s a clip:

The details of the settlement slated for approval Tuesday have not been publicly released, but a county official who spoke on condition of anonymity said the settlement will require the sheriff’s department to comply a list of requirements relating to training, use of force and community engagement. The county will be subject to ongoing monitoring and will be required to collect data to show its progress.

The settlement will also include monetary compensation to people whose rights were found to have been violated, but the amount of that payment has not been released. The justice department initially had demanded that the county and cities of Lancaster and Palmdale pay $12.5 million to residents whose rights were violated.

The official said the county is still working out a separate settlement agreement that will pertain to the Housing Authority. That settlement could include payments to people who lost their housing vouchers as a result of the raids.


US Magistrate Judge Alicia Rosenberg ordered the LAPD to release surveillance footage of an officer allegedly kicking 22-year-old Clinton Alford in the head. The video is to be released Wednesday to Alford’s attorney. (Here’s the backstory.)

The LA Times’ Richard Winton has more on the ruling. Here’s a clip:

“Today a judge validated my client’s right to have a copy of the raw video footage of the brutal beating that included him being kicked and hit by members of the Los Angeles Police Department’s Newton Division,” Harper said. “I said six months ago that if Chief [Charlie] Beck were sincere about transparency he would have released the video then. He wouldn’t have made me compel the production of evidence showing what was done to my client.”

Under the order, Harper can pick up the video Wednesday. She said she will have a forensic expert on hand to examine it. A prior order forbids the public release of the video.


Beck last week acknowledged the public interest in viewing the footage of the Oct. 16 incident, but he said Los Angeles County Dist. Atty. Jackie Lacey “has been very, very clear that she does not want that video out there.” Releasing the footage before the officer’s trial, Beck said, could taint the jury pool or “otherwise interfere” with the case.

Posted in Charlie Beck, Civil Rights, Department of Justice, Foster Care, LA County Board of Supervisors, LAPD, LASD, racial justice | No Comments »

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