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Helping Treatment Programs Access Funding, LAPD to Implement Discipline Recommendations, CA Attorney General Discusses Marijuana Legalization, and Montana Gets Gay Marriage

November 20th, 2014 by Taylor Walker

LA SUPES MOVE TOWARD MAKING IT EASIER FOR TREATMENT AND REHABILITATION PROGRAMS TO GET FUNDING

The LA County Board of Supervisors approved a motion by Supes Don Knabe and Mark Ridley-Thomas to look at possibilities for expanding eligibility requirements for the competitive bid process for county funding, so that community treatment programs that do great work serving at-risk kids, but don’t fit into the county’s “square peg” system, can still win crucial funding.

For instance, Don Knabe said he would like to find a way to provide funding for Homeboy Industries, which cannot engage in the county’s competitive bid process because participants are not referred to Homeboy. Instead, gang members seek help at Homeboy of the own volition.

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

About 1,500 juvenile delinquents are released from Los Angeles county youth camps each year and the county spends at least $11 million annually on rehabilitation programs, according to Knabe’s office.

Most of the money goes to traditional “fee for service” programs where a juvenile offender is referred to a specific rehabilitation program after release from camp. Knabe referred to those programs as “square pegs” that fit the county mold because it’s easy to track which services were provided.

He said other successful programs that help troubled youth turn their lives around are left out.

“These are not square peg issues,” he said. “They are issues that have to be met with head-on services,” he said. “And you have to look at all the different models that may be out there.”


LAPD CHIEF CHARLIE BECK TELLS COMMISSION HE WILL IMPLEMENT RECOMMENDATIONS FROM DISCIPLINE SURVEY

An internal LA Police Department report released late last week analyzed a survey of 500 sworn officers and employees regarding the LAPD’s disciplinary practices.

Those surveyed said they felt the department discriminated based on gender, ethnicity, and rank. However, when analyzed, respondents’ perceptions of bias were not generally representative of the discipline data gathered by the department. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Yet the department figures show that, for the most part, referrals to the Board of Review and terminations of latino, white, black, and asian officers were proportionate to the department’s overall ethnic composition.

The report was presented to the LA Police Commission Tuesday. In response, Charlie Beck told the police commission the department would implement recommendations from the report. Among the recommendations to be put into effect are:

- Utilizing new penalty guidelines to ensure consistency and fairness
- Gathering and analyzing Board of Review and complaint data for potential bias
- Developing an anti-nepotism policy

Other reactions to the report were mixed at the commission meeting. LA Police Protective League president Tyler Izen said he felt department officials were unfairly blaming the survey results on officers’ inadequate understanding of discipline policies, and that the report was missing information.

LA police commission president Steve Soboroff said that the report did its job—putting numbers next to claims of gender, minority, or rank-related bias—and that it was not intended to analyze every type of disparate discipline claim (like favoritism by the chief).

The LA Times’ Richard Winton, Kate Mather, and Joel Rubin have more on the the issue. Here’s a clip:

The review looked for disparities in whether officers of certain ranks, gender, or race were ordered to the hearings and ultimately penalized, concluding that data showed there was little merit to the complaints of bias.

Left unexamined, however, was the vast majority of the LAPD’s misconduct cases, which are handled by officers’ commanders.

The president of the union that represents the department’s roughly 9,900 rank-and-file officers dismissed the report Monday as a disappointment.

Tyler Izen was critical of what he said were efforts by officials to blame officers’ concerns on their poor understanding of how the discipline system works.

“They are saying the employees don’t get it…I think [officers] are afraid they are going to be fired,” he said. “I would like to see all the raw data because this report doesn’t tell me much.”

Steve Soboroff, president of the Police Commission, acknowledged that some officers believe the discipline system favors those with connections. But he praised the report, saying that it did a good job of analyzing claims of bias based on gender, rank and ethnicity. He said it would have been impossible to quantify all the complaints of disparities in punishments.

“You’ve got a perception that if you’re a friend of the chief’s, then all of the sudden it’s better,” Soboroff said. “You can’t quantify that. How do you do the statistics on that? So that’s a perception issue for the chief to work on. Nobody else but the chief. And he knows that.”

[SNIP]

Capt. Peter Whittingham, an outspoken critic of Beck who has sued the department over retaliation that he claims he suffered for refusing to fire an officer at a discipline hearing, said the report was “deeply disappointing.”

“I thought this was an opportunity for real transparency and for the department to show it really wants to address the core issues raised by officers,” he said.

Questions about discipline had dogged Beck before Dorner surfaced. The chief clashed repeatedly with members of the commission over what they saw as the chief’s tendency to give warnings to officers guilty of serious misconduct and the department’s track record for handing down disparate punishments for similar offenses.


CALIFORNIA ATTORNEY GENERAL KAMALA HARRIS TALKS MARIJUANA LEGALIZATION WITH BUZZFEED

California Attorney General Kamala Harris told Buzzfeed’s Adam Serwer that she has “no moral opposition” to marijuana legalization, and that it seems inevitable. Harris said a lot has to be figured out for California to make legalization a workable reality, and that she is glad that Oregon and Washington have been paving the way. Here’s a clip:

“I am not opposed to the legalization of marijuana. I’m the top cop, and so I have to look at it from a law enforcement perspective and a public safety perspective,” Harris told BuzzFeed News in an interview in Washington, D.C. “I think we are fortunate to have Colorado and Washington be in front of us on this and figuring out the details of what it looks like when it’s legalized.”

“We’re watching it happen right before our eyes in Colorado and Washington. I don’t think it’s gonna take too long to figure this out,” Harris said. “I think there’s a certain inevitability about it.”

[SNIP]

“It would be easier for me to say, ‘Let’s legalize it, let’s move on,’ and everybody would be happy. I believe that would be irresponsible of me as the top cop,” Harris said. “The detail of these things matters. For example, what’s going on right now in Colorado is they’re figuring out you gotta have a very specific system for the edibles. Maureen Dowd famously did her piece on that… There are real issues for law enforcement, [such as] how you will measure someone being under the influence in terms of impairment to drive.

“We have seen in the history of this issue for California and other states; if we don’t figure out the details for how it’s going to be legalized the feds are gonna come in, and I don’t think that’s in anyone’s best interest,” Harris said.


MONTANA BECOMES 34TH STATE TO ALLOW GAY MARRIAGE

On Wednesday, U.S. District Judge Brian Morris overturned Montana’s ban on gay marriage. Couples were immediately allowed to wed following the ruling. Congrats Montana (a state of which we at WLA are particularly fond)!

The Associated Press’ Lisa Baumann has the story. Here’s a clip:

The 9th U.S. Circuit Court of Appeals ruled in September that Idaho and Nevada’s bans are unconstitutional. Montana is part of the 9th Circuit, and Morris cited the appeals court’s opinion in his ruling.

“The time has come for Montana to follow all the other states within the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couples to equal protection of the laws,” he wrote.

Four same-sex couples filed a lawsuit in May challenging Montana’s ban. The plaintiffs included Angie and Tonya Rolando.

“Calling Tonya my partner, my significant other, my girlfriend, my perpetual fiancée has never done justice to our relationship,” Angie Rolando said. “Love won today.”

Posted in Charlie Beck, Homeboy Industries, LAPD, LAPPL, LGBT, Marijuana laws, Youth at Risk | No Comments »

LAPD Discipline Survey, the Marshall Project Launch: Missed Habeas Corpus Deadlines, and CA Ordered to Start Paroling Second-Strikers,

November 17th, 2014 by Taylor Walker

LAPD SURVEY SHOWS OFFICERS FEEL THEY ARE UNFAIRLY, INCONSISTENTLY DISCIPLINED

An LA Police Department discipline survey of 500 officers and civilian workers in response to former LAPD officer Christopher Dorner’s rampage over his alleged biased termination from the department. While the department found the firing of Dorner justified upon review, it opened up a discussion among other officers who felt they had experienced discriminatory or otherwise unfair discipline.

The survey indicated that officers and other employees commonly feel the LAPD discriminates based on gender, ethnicity, and rank. But the results were mixed, in some cases. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Similar contradictory opinions were given regarding female officers.

A considerable number of officers felt the department takes too many complaints made against officers, particularly ones that are “obviously false.” According to the survey, a yearly average of 28% of LAPD employees have at least one complaint filed against them.

The survey recommends updating and distributing complaint, discipline, and penalty guides, as well as regularly gathering and analyzing department data on these issues.

KPCC’s Erika Aguilar has more on the report. Here’s a clip:

The survey was done shortly after former LAPD officer Christopher Dorner was killed in February. The disgruntled ex-officer murdered four people and prompted a massive manhunt before fatally shooting himself during a standoff in the San Bernardino Mountains.

Though officers expressed disgust with Dorner’s actions, some said his grievances about disciplinary bias within the police department sounded legitimate. After a review of Dorner’s disciplinary hearing, the department declared his firing was justified.

The LAPD asked focus groups of employees to give anonymous feedback using a computer system. A group of academics and human relations consultants analyzed the feedback to look for trends.

Below is a sampling of some of the comments published in the survey report.

“Females are held to a lesser standard due to fear of lawsuits or claims of bias.”

“Race is a factor in the discipline system.”

“The media and public pressure have a direct impact on how discipline investigations are handled.”

“Discipline is not imposed when it involves managers and supervisors.”

L.A. Police Chief Charlie Beck has been criticized for inconsistent discipline for several years now. It surged in the last year or so when a few LAPD captains filed lawsuits alleging unfair discipline and retaliation, saying Beck did not follow top brass recommendations for disciplining other officers. It has been one of the complaints of the L.A. police union that represents the rank-and-file.

The LA Times’ Joel Rubin and Jack Leonard also reported on the survey. Here’s a small clip:

The report…contained data that raised doubts about some of those perceptions of bias. Statistics compiled by the LAPD show that the ethnic, gender and rank breakdown of officers sent to disciplinary panels for suspensions or termination roughly matches the demographics of the LAPD as a whole. White officers, for example, make up 36% of the department and 35% of officers sent to a Board of Rights disciplinary hearing for a lengthy suspension or termination. Black officers account for 12% of officers and 14% of those sent to such hearings.

LAPD Chief Charlie Beck ordered the report more than 20 months ago after Dorner, an ex-LAPD officer, went on a shooting rampage across Southern California, killing police officers as well as the daughter of an LAPD captain and her boyfriend. In a rambling online document, Dorner claimed that he was seeking retribution after being unfairly fired and was the victim of racial discrimination within the department.

The civilian Police Commission is expected to review the report at a meeting next week.


NON-PROFIT PUBLICATION, THE MARSHALL PROJECT, LAUNCHES WITH TWO-PART SERIES ABOUT DEATH ROW ATTORNEYS MISSING LAST-CHANCE APPEAL DEADLINES

Ken Armstrong, of the new non-profit news organization launched over the weekend, the Marshall Project, has an excellent two-part series in the Sunday Washington Post about what happens when lawyers miss the final deadline for their death row clients’ last-chance appeal.

The first story tells of the 80 death penalty cases in which lawyers miss the final appeal deadline, by an average of nearly two and a half years (but in several cases by a single day). Of these 80 death row inmates thus denied habeas corpus, 16 have been executed. The reasons attorneys miss the cut off run the gamut from failing to overnight documents, to misunderstanding the complicated habeas law, to neglect. Here are some clips:

An investigation by The Marshall Project shows that since President Bill Clinton signed the one-year statute of limitations into law — enacting a tough-on-crime provision that emerged in the Republicans’ Contract with America — the deadline has been missed at least 80 times in capital cases. Sixteen of those inmates have since been executed — the most recent was on Thursday, when Chadwick Banks was put to death in Florida.​

By missing the filing deadline, those inmates have usually lost access to habeas corpus, arguably the most critical safeguard in the United States’ system of capital punishment. “The Great Writ,” as it is often called (in Latin it means “you have the body”), habeas corpus allows prisoners to argue in federal court that the conviction or sentence they received in a state court violates federal law.

For example, of the 12 condemned prisoners who have left death row in Texas after being exonerated since 1987, five of them were spared in federal habeas corpus proceedings. In California, 49 of the 81 inmates who had completed their federal habeas appeals by earlier this year have had their death sentences vacated.

The prisoners who missed their habeas deadlines have sometimes forfeited powerful claims. Some of them challenged the evidence of their guilt, and others the fairness of their sentences. One Mississippi inmate was found guilty partly on the basis of a forensic hair analysis that the FBI now admits was flawed. A prisoner in Florida was convicted with a type of ballistics evidence that has long since been discredited.

[SNIP]

Some of the lawyers’ mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help.

The right of condemned inmates to habeas review “should not depend upon whether their court-appointed counsel is competent enough to comply with [the] statute of limitations,” one federal appeals judge, Beverly B. Martin, wrote in an opinion earlier this year. She added that allowing some inmates into the court system while turning others away because of how their lawyers missed filing deadlines was making the federal appeals process “simply arbitrary,” she added.

In the second story, Armstrong explains how only the death penalty inmates suffer the consequences of these lawyers’ missed deadlines. Here’s a clip:

Among the dozens of attorneys who have borne some responsibility for those mistakes, only one has been sanctioned for missing the deadline by a professional disciplinary body, the investigation found. And that attorney was given a simple censure, one of the profession’s lowest forms of punishment.

The lack of oversight or accountability has left many of the lawyers who missed the habeas deadlines free to seek appointment by the federal courts to new death-penalty appeals….

In 17 of the country’s 94 federal judicial districts, special teams of government-funded lawyers and investigators monitor the capital cases coming out of their state courts to make sure deadlines are recognized and met. In some other districts, the federal defender’s office helps to evaluate the private attorneys who might be appointed to handle those appeals.

But for lawyers outside the government, the work is difficult and often unpopular, with limited funds available for investigators and experts. And in most districts, where judges screen candidates themselves or with the help of review committees, the quality of legal counsel varies widely.

Federal judges sometimes appoint lawyers “who are not good enough to handle these cases,” says habeas expert Randy A. Hertz, a professor at the New York University School of Law.

However well-meaning, such lawyers may be inexperienced or overmatched. Some may know the judges who make the appointments, but not the voluminous and complex law surrounding habeas corpus. Others have been found to have mental-health problems, substance-abuse issues or other complications that were missed in their screening.

In about one-third of the 80 cases where habeas deadlines were missed, the federal courts eventually allowed prisoners to go forward with their appeals, often because their attorneys’ failures went beyond what the courts would categorize as mere negligence.

Yet even when attorneys have been chastised in federal court rulings for work described as “inexcusable” or “deeply unprofessional,” they have managed to evade any discipline from bar associations or other agencies. One lawyer castigated by the U.S. Supreme Court for “serious instances of attorney misconduct” still has an unblemished disciplinary record.

A prominent death-penalty defense lawyer, Gretchen Engel of the Center for Death Penalty Litigation in North Carolina, offered a simple reason for the discrepancy between the magnitude of some lawyers’ mistakes and the paltry consequences they face: “The people who were hurt by it are prisoners.”

The Huffington Post’s Michael Calderone speaks with Marshall Project founder Neil Barksy and editor Bill Keller (formerly NY Times editor-in-chief) about the Marshall Project, its mission, and what we can expect from the new publication. Here are some clips:

Neil Barsky has taken on varied roles over the years, from Wall Street Journal reporter to Wall Street analyst, hedge fund manager to documentary filmmaker. Now he has returned to the newsroom as founder and chairman of The Marshall Project, a nonprofit news organization covering criminal justice and edited by New York Times veteran Bill Keller.

Barsky’s interest in criminal justice and the inequities of the U.S. system was ignited in recent years by two books: The New Jim Crow, which tackles mass incarceration and the over-representation of African-Americans in prison, and Devil in the Grove, which focuses on a 1949 rape case fought by Thurgood Marshall, then head of the NAACP Legal Defense and Educational Fund and later the first black Supreme Court justice. The project gets its name from Marshall — and for Barsky, its inspiration.

In an interview at The Marshall Project’s midtown New York offices before Sunday’s launch, Barsky said he wants to push criminal justice issues into the national spotlight. There’s a lack of urgency in dealing with the system’s flaws, he said, despite “how abysmal the status quo is.”

[SNIP]

Keller said he likes coming out of the gate with Armstrong’s piece because it shows readers that The Marshall Project won’t expose flaws in the system only when they concern the wrongly convicted.

“The easiest way to get reader sympathy is to write about people who are innocent,” Keller said. “Everybody feels a sense of unfairness if the law sends somebody away to jail for something they didn’t commit.”

Keller recalled how early on, he and Barsky visited different advocacy organizations, including the Innocence Project, which fights to exonerate those wrongly convicted through DNA evidence. After their meeting, Keller recalled that Barsky said, “You know, we’re sort of the Guilt Project.”

“Most of what we’re going to write about is people who are not innocent,” Keller said. “But people who are not innocent are entitled to a fair trial. They’re entitled to not being raped when they get to prison. They’re entitled to competent defense. They’re entitled to prosecutors who don’t withhold exonerating information. They’re entitled to cops who follow Miranda. All these things that are built into our criminal justice system are there for the guilty as well as the innocent. That’s one of the reasons I particularly liked this piece as a debut.”


FEDS ORDER CALIFORNIA TO START PAROLE HEARINGS OF INMATES WITH NON-VIOLENT SECOND-STRIKE FELONIES

On Friday, federal judges ordered California to begin early parole hearings for non-violent second-strike felons by January, overriding the state’s projected hearing launch time-frame of July 2015. The state has been meeting mini-goals set toward a two-year population reduction goal by expanding parole and sentence reduction programs and policies. But because the prison population is still expected to grow, the federal judges are pushing for more lasting solutions. (For backstory on California’s prison population problems, go here, and here.)

The LA Times’ Paige St. John has more on the topic. Here’s a clip:

In February, California officials were ordered to take a number of steps to reduce inmate numbers. At the same time, federal judges agreed to the state’s request for a two-year extension to meet population caps the courts had been trying to enforce for years.

Gov. Jerry Brown’s corrections department did move thousands of inmates out of state-owned prisons while expanding parole programs for frail and elderly inmates. Corrections officials also increased the sentence reductions some nonviolent felons could earn.

Those moves cut California’s prison population by 1,000 inmates, meeting short-term goals even though state projections show inmate numbers will continue to rise. Judges had sought additional actions to produce a “durable” long-term solution.

The California Department of Corrections and Rehabilitation has failed to adopt those steps, including the granting of early parole to second-strikers, the judges noted. In October, prison officials told judges that creating such a parole program was “a time-consuming process” and moving faster would “endanger the public.” They did not expect to finish until July 2015.

In an order several weeks ago, the judges said they were “skeptical” of such a delay. On Friday, they gave the state until Dec. 1 to finish plans for the parole program and ordered it in place by January.

Posted in Charlie Beck, criminal justice, Death Penalty, journalism, LAPD, The Feds | No Comments »

Racial Bias Produces More Punitive Laws, LAPD Chief Charlie Beck Interview, LA Clinics Keeping Mentally Ill Out of Jail…and More

September 4th, 2014 by Taylor Walker

WHITE PEOPLE’S RACIALLY BIASED PERCEPTIONS LEAD TO HARSHER CRIMINAL JUSTICE LAWS AND HARM PUBLIC SAFETY

A new publication from the Sentencing Project takes a look at how racially biased perceptions of crime beget harsher criminal justice laws and policies.

According to a 2010 survey, white people overestimate by 20-30% the percentage of crime committed by blacks and Latinos.

The study found that although white Americans are less frequently victims of crime than blacks or Latinos, they are more likely to favor more punitive laws (like the death penalty, “three strikes” laws, and trying kids as adults). And those that associate higher crime rates to minorities favor those aforementioned punitive laws more than white people who don’t attribute a higher percentage of crime to minorities.

These perceptions, which negatively affect public safety, are also perpetuated by the media and policymakers. Here are some clips from the findings:

Media crime coverage fuels racial perceptions of crime. Many media outlets reinforce the public’s racial misconceptions about crime by presenting African Americans and Latinos differently than whites – both quantitatively and qualitatively. Television news programs and newspapers over-represent racial minorities as crime suspects and whites as crime victims. Black and Latino suspects are also more likely than whites to be presented in a non-individualized and threatening way – unnamed and in police custody.

Policymakers’ actions and statements amplify the public’s racial associations of crime. Whether acting on their own implicit biases or bowing to political exigency, policymakers have fused crime and race in their policy initiatives and statements. They have crafted harsh sentencing laws that impact all Americans and disproportionately incarcerate people of color. Through public statements, some have stoked the public’s heightened concern about crime and exaggerated associations of crime with racial minorities.

Criminal justice practitioners also operate with and reinforce racial perceptions of crime. Disparities in police stops, in prosecutorial charging, and in bail and sentencing decisions reveal that implicit racial bias has penetrated all corners of the criminal justice system. Moreover, policies that are race- neutral on their surface – such as “hot spot” policing and certain risk assessment instruments – have targeted low-income people of color for heightened surveillance and punishment.

Racial perceptions of crime have distorted the criminal justice system. By increasing support for punitive policies, racial perceptions of crime have made sentencing more severe for all Americans. The United States now has the world’s highest imprisonment rate, with one in nine prisoners serving life sentences. Racial perceptions of crime, combined with other factors, have led to the disparate punishment of people of color. Although blacks and Latinos together comprise just 30% of the general population, they account for 58% of the prison population.

Racial perceptions of crime have undermined public safety. By increasing the scale of criminal sanctions and disproportionately directing penalties toward people of color, racial perceptions of crime have been counterproductive for public safety. Racial minorities’ perceptions of unfairness in the criminal justice system have dampened cooperation with police work and impeded criminal trials. In 2013, over two-thirds of African Americans saw the criminal justice system as biased against blacks, in contrast to one-quarter of whites. Crime policies that disproportionately target people of color can increase crime rates by concentrating the effects of criminal labeling and collateral consequences on racial minorities and by fostering a sense of legal immunity among whites. Finally, racial perceptions of crime have even led to the deaths of innocent people of color at the hands of fearful civilians and police officers.


PATT MORRISON INTERVIEWS LAPD CHIEF CHARLIE BECK

In an interview with the LA Times’ Patt Morrison, LAPD Chief Charlie Beck shares his thoughts on Ferguson and LA’s Ezell Ford shooting, police militarization, “broken window” vs. “community policing,” his reappointment, and a lot more. It’s worth reading the whole thing for yourself, but here are some clips:

There’s community anger about the fatal shooting of a mentally ill South L.A. man, Ezell Ford. Incidents like these make people afraid that L.A. could tip over into violence again.

Of course we’re afraid. I’m worried too. They don’t pay me not to worry! We’ve built relationships and put money in the bank of trust, and we’re more open and transparent than we’ve ever been, and we try to be as open and transparent as we can within the parameters of public safety and the law. If you do those things, you should be able to get through an Ezell Ford.

[SNIP]

In Ferguson, Michael Brown was stopped by police for jaywalking, a minor violation that might be prosecuted under the “broken windows” policing practice. Is there a contradiction between “broken windows,” which some people might regard as harassment, and “community policing”?

Everybody interprets “broken windows” and “community policing” in their own way. There are people who believe they contradict each other. I’m not one of those. I think they complement each other. But it doesn’t mean enforcing all minor crimes; it means enforcing the ones that are precursors to more serious crimes. It’s about working to eliminate an obvious prostitution stroll because it’s a magnet for violent crime and it leads to human trafficking and the degradation of women and the breakdown of families.

I want to make sure people understand this is a department that believes in community policing and building trust. Are we a perfect department? There’s no such thing. Do we strive to be that? I think we do.

[SNIP]

Is a national database for violent police-civilian encounters a good idea?

We would have no problem doing that. Those are part of the statistics that I read weekly to the Police Commission. I say how many categorical uses of force we’ve had this year, how many officer-involved shootings, assaults on police officers… The real discussion: Why are some communities more susceptible to violence than others?

Violence between the police and public occurs [where] there’s also a huge amount of general violence. I’m not excusing police violence; I’m saying it’s more than that. You bring down general violence, you bring down violence between the police and the community too. A lot of that has to do with things that are far outside the control of the police and maybe outside the control of government, but I wish we had that discussion as vigorously as we do about violence toward and by the police.

The Defense Department provides police with military-grade equipment. In Ferguson, it seemed to heighten the tensions.

These things have an application but must be limited. You see what the LAPD does for crowd control — our primary line of crowd control is our bike officers. We may have the equipment, but we certainly don’t brandish it; we don’t show it when it’s not needed because it just escalates. You have to have strong rules. Nobody wants a police state, certainly not me, and nobody wants a militarized police department.

[Recently] a suspect was firing an assault weapon with dozens and dozens of rounds at his disposal, and he shot one of my SWAT officers. If we hadn’t had an armored vehicle and were able to approach him, we’d have had many more injured. But in a crowd-control situation, absolutely not.

Be sure to read the rest.


LA MENTAL HEALTH CLINICS WORK TO KEEP THE THOSE WITH MENTAL ILLNESS OUT OF LOCK-UP AND EMERGENCY ROOMS

A string of clinics in Los Angeles are successfully keeping people with mental health emergencies out of jail and emergency rooms. The four county-run clinics (with a fifth on the horizon) are all open 24-hours-a-day and predominantly serve the poor and homeless. As well as providing immediate services to people experiencing psychological crisis, they connect patients with more long term outpatient care and rehab centers. Data from the past few years shows that nearly everyone who visits one of these clinics stay out of jail and the emergency room during the month after a visit.

KPCC’s Rebecca Plevin has more on the clinics. Here’s a clip:

One of the clinics, Exodus Eastside Urgent Care Center, sits across the street from the L.A. County/USC Medical Center. Patients are referred from other hospitals, rehab programs, social service agencies, and law enforcement. Roughly one in five is homeless, and most are poor.

The clinic is open 24 hours a day, 365 days a year. Patients come with a range of mental health needs. Some need a refill of their psychiatric medications. Others have been placed on involuntary psychiatric holds, and can remain at the clinic up to 23 hours.

“The emergency rooms aren’t really a great place for treating people who are in psychiatric crisis,” says Marvin Southard, director of the L.A. County Department of Mental Health, noting that ERs are chaotic, overcrowded with medical patients and expensive.

There are currently four mental health urgent care clinics, which together serve about 23,000 patients a year. A fifth is scheduled to open on Thursday on the campus of the Martin Luther King, Jr. Community Hospital.

The clinics are more than emergency rooms for the mentally ill. They’re better understood as service hubs, stabilizing people in the short-term, and connecting them to outpatient mental health care and longer term alcohol and drug treatment, Southard says.

Establishing those links between patients and services is challenging but critical, says Kathy Shoemaker, vice president of clinical services for Exodus Recovery Inc., the nonprofit agency that runs Eastside Urgent Care Center for the county.

“Every individual that comes to see us will leave here with a very definitive plan as to how to continue with mental health services,” Shoemaker says.

That “warm hand-off,” as the center’s team calls it, allows patients to continue to recover – instead of ending up back on the streets, in the ER, or possibly in jail.


GROUP REPRESENTING 69 CA MAYORS BACKS GUN RESTRAINING ORDER BILL

Late last week, the California Gun Restraining Order bill, AB 1014, landed on Gov. Jerry Brown’s desk. The bill, which would allow family members and law enforcement to petition a court to temporarily restrict individuals displaying certain warning signs from possessing firearms. (Read WLA’s previous post on the issue, here.)

Now, the California coalition of Mayors Against Illegal Guns, a group representing 69 mayors throughout the state, has sent Gov. Brown a letter urging him to sign the bill. Here’s a clip from their letter:

We watched with horror on May 23, 2014 as a young man murdered six people in Isla Vista, CA. The killer’s parents had contacted police after he made suicidal and homicidal statements. But police decided he did not meet the standard for emergency commitment—and no one could act in time to keep guns out of his hands. AB 1014 would empower law enforcement and family members who see troubling warning signs in cases like these to petition a court and temporarily prohibit a dangerous person from having guns.

Gun violence restraining orders (GVROs) would create an opportunity to stop gun violence in real life-or-death situations while still protecting the Second Amendment rights of lawful gun owners. Under current federal and California state law, a person is only prohibited from buying or possessing guns if they have been convicted of a prohibiting crime, have been adjudicated as mentally ill or hospitalized to a mental institution, or else is subject to a restraining order protecting a particular individual. Other dangerous people may display significant and serious warning signs of violence, but will still be able to buy guns. GVROs would allow family members and law enforcement—often the first to see these warning signs—to present evidence of such danger to a judge, who could temporarily prohibit a person from gun possession and order them to temporarily turn in their guns if they were able to meet the high burden of proof the law requires.

(The LA Times’ Patrick McGreevy has more on the issue.)

Posted in Charlie Beck, guns, LAPD, mental health, race | 3 Comments »

LAPD Chief Gets Five More Years, LA’s Child Dependency Courts Reopened, an Uncommon Public Defense Approach, and Michael Brown

August 13th, 2014 by Taylor Walker

LAPD CHIEF CHARLIE BECK RECEIVES SECOND TERM FROM POLICE COMMISSION

On Tuesday, the Los Angeles Police Commission voted 4-1 in favor of giving Chief Charlie Beck a second five-year term. Commissioner Robert Saltzman was the lone dissenter, calling for increased transparency and more evenhanded discipline of officers.

Here’s a clip from police commission president Steve Soboroff’s statement regarding Beck’s reappointment:

This process lasted approximately three months and included numerous interviews with Chief Beck. During those interviews, my fellow Commissioners and I drilled down on every issue facing the Los Angeles Police Department. No subject was off-limits, and I can tell you, at times, the questioning was intense. In the end, we knew we had to be thoroughly confident that Chief Beck is not a good leader for the Los Angeles Police Department, but a great leader.

How did we judge Chief Beck? We looked at everything at LAPD. Chief Beck is the chief executive officer at LAPD, and at the end of the day, he is responsible for this large law enforcement agency. We looked at his ability to keep this City safe and reduce crime, his ability lead approximately 12,600 sworn and civilian employees effectively, and his ability to plan for the future.

Chief Beck demonstrated to the majority of the Commission and proved during the last five years that he is a leader who understands law enforcement and the unique needs of every part of this City. Yes, law enforcement is law enforcement, but Mar Vista is not El Sereno, and Athens Park is not Canoga Park. Chief Beck understands that better than anyone…and he knows what works in each unique community. He is the right person for this job, even though he recognizes that improvements must be made.

In his column, LA Times’ Steve Lopez said that while Chief Beck was deserving of a second term, he must improve transparency and consistency moving forward. Here’s how it opens:

Did LAPD Chief Charlie Beck deserve the new five-year contract he got Tuesday morning?

Yes.

Did he gracefully sprint across the finish line with hands held high?

No, he stumbled and staggered, with a series of dubious disciplinary moves topped off by a Times expose Sunday on inaccurate crime statistics.

Appropriately, along with the many hard-earned pats on the back given to him by commissioners, Beck got a well-deserved kick in the pants. And so his second term won’t be a victory lap, but a test of whether he can become the leader both the department and the city need him to be.

The four commissioners who voted in support of Beck — Steve Soboroff, Paula Madison, Sandra Figueroa-Villa and Kathleen Kim — touched on areas where improvement is needed, but spent most of their time praising the chief for declining crime rates and the building of community ties and trust.

And Beck does deserve a lot of credit. But it’s worth noting that all four of those commissioners were appointed by Mayor Eric Garcetti, who has been a vocal supporter of Beck. And so you are left wondering precisely how independent Garcetti’s appointees really are, no matter their claims or his.

The lone vote against a second term came from Rob Saltzman, the longest-serving commissioner and the only one to have been on the job through Beck’s entire first five-year term as chief. Saltzman was appointed by former Mayor Antonio Villaraigosa, and on Tuesday — with Beck seated several feet away — he offered anything but a ringing endorsement of the chief.

Saltzman said that despite Beck’s many extraordinary achievements, he had decided the LAPD would be better served “with new executive leadership.”

The most important area where “significant improvement is needed,” Saltzman said, is “in ensuring fairness and consistency in discipline and transparency and respect for civilian oversight.”


JUDGE NASH THANKFULLY REOPENS CHILD CUSTODY COURT PROCEEDINGS TO PUBLIC SCRUTINY

Judge Michael Nash, the presiding judge of LA county’s juvenile court, issued an order to reopen child dependency court proceedings to the press, five months after a California appeals court struck down Nash’s earlier order to open the courts.

The new order requires judicial officers to identify those present in the courtroom. Attorneys then have the option of objecting to media presence, if there’s reasonable likelihood that press access will harm a child.

Metropolitan News-Enterprise’s Kenneth Ofgang has the story. Here’s a clip:

Under the new order, each judicial officer will, at the outset of a hearing, determine who is present in the courtroom and which of such persons have a mandatory statutory right to be present. If any person lacks such a right, her or she will be required to state why they are there, and it will then be up to the court to determine whether “that person has a direct and legitimate interest in the particular case or the work of the court and, based on the record before it, there is no reasonable likelihood that access will be harmful to the child’s best interests.”

[SNIP]

Under Friday’s order, counsel for any party may object to presence of the media or members of the public, before or after the court makes the required findings regarding such presence.

“The party objecting shall produce evidence that harm to the child or family is reasonably likely to occur because access is allowed,” the order provides. “The person seeking access shall have the burden of persuading the Court that there is no reasonable likelihood that access will be harmful to the child’s best interests.”

Factors to be considered in determining whether to allow access include the age of the child, the nature of the allegations, and the likely impact on the child and the family, “consistent with the overriding purpose of the proceeding to protect the child and advance his or best interests.”

After balancing the interests involved, the order says, a person who lacks a mandatory right to attend may be excluded only if the person lacks “a legitimate interest in the case of the work or the court,” or if the person’s legitimate interest in viewing the proceedings is outweighed by the other interests addressed by the order, based on the evidence and arguments presented.


FLORIDA PUBLIC DEFENDERS OFFICE’S UNIQUE APPROACH: HIRING FORMER COPS TO INVESTIGATE POLICE AND PROSECUTORIAL ERRORS

A public defender’s office in Florida is employing former police officers to investigate things like complaints against prosecutors and cops for racial profiling and bad police work—things that public defenders with hundreds of cases could never look into. These ex-cops back up overloaded public defenders to give indigent defendants a fairer chance in the criminal justice system.

Jason Fagone has the story for Mother Jones. Here are some clips:

During his 26 years as a cop, [Allen E.] Smith thought he saw things clearly. There were good guys and there were bad guys, and he dealt with some of the worst. But then something changed.

In 1997, Smith retired from the police force. He needed a job to help cover his two daughters’ college expenses, so he signed up as an investigator in the Broward County Public Defender’s Office. He had little idea that he’d end up a key player in a bold experiment in criminal justice, one that aims to give tens of thousands of people who can’t afford lawyers a fighting chance in a system stacked against them. It’s an effort that suggests new ways for court-appointed attorneys to get at the truth, despite their insane caseloads. And a big part of it is getting former cops to police the police.

At the public defender’s office, Smith supervises 11 other investigators, 9 of whom are retired officers like him. Every day, they deploy technology, public records, and good old-fashioned legwork to dig into the sorts of complaints against cops and prosecutors that they used to brush off. In the process, they’re not only turning up evidence of sloppy police work and racial profiling. They’re also finding what they never would have guessed in their previous careers—that some of the sketchy characters they cross paths with are actually innocent.

[SNIP]

When Smith arrived at the public defender’s office in 1997, he wasn’t even sure he could do the job. A few of his cop buddies had asked why he had gone over to the “other side.” He didn’t know what to tell them. The investigative staff was smaller then and included a former Miami Dolphins cheerleader, a former Dolphins running back, a city commissioner, and a judge’s wife. The public defender, a Democratic Party stalwart who’d been in office since 1976, liked to call himself “the Boss Man.” He later came under fire for asking his employees to pony up $100 each to help his daughter’s boyfriend join the Hooters pro golf tour.

Smith kept his head down and started working cases. One involved a young woman charged with writing a counterfeit check in the amount of $4,200. She told a convoluted tale. The gist was that she had recently become unemployed and had gotten the check via FedEx from a company that was offering her a job and had asked her to cash it. As a cop, Smith would have pegged her as a grifter and never given her story a second thought. But he started digging. He traced the FedEx envelope back to a retired fire chief, the kind of guy he was inclined to trust; the chief’s wife explained that her shipping account had been hacked, and fraudsters had used it to send more than 200 bad checks to job seekers all over the country.

It wasn’t the most dramatic case, but at the moment when Smith realized his client was a victim, not a perpetrator, he experienced “a complete change of life.” The ideal of innocent until proven guilty had always struck him as a scam invented by defense attorneys. “Now, on the desk in front of me, lay the key to setting free a totally innocent person,” he later wrote in Florida Defender magazine. “It is hard to describe my exact feelings at that point.” He persuaded prosecutors to drop the charges.


KILLING MICHAEL BROWN

On Saturday afternoon in Ferguson, MO, a police officer shot and killed an unarmed black 18-year-old who was running away with his hands in the air. There are still many questions yet unanswered regarding the circumstances of Michael Brown’s death. Ferguson residents have been rioting, and the FBI has launched a civil rights inquiry into the death of Brown, who was a well-liked teenager two weeks away from starting college.

The New Yorker’s Amy Davidson has an essay on the issue that’s worth reading. Here are some clips:

Michael Brown didn’t die in the dark. He was eighteen years old, walking down a street in Ferguson, Missouri, from his apartment to his grandmother’s, at 2:15 on a bright Saturday afternoon. He was, for a young man, exactly where he should be—among other things, days away from his first college classes. A policeman stopped him; it’s not clear why. People in the neighborhood have told reporters that they remember what happened next as a series of movements: the officer, it seemed to them, trying to put Brown into a car; Brown running with his hands in the air; the policeman shooting; Brown falling. The next morning, Jon Belmar, the police chief of St. Louis County, which covers Ferguson, was asked, at a press conference, how many times Brown had been shot. Belmar said that he wasn’t sure: “more than just a couple of times, but not much more.” When counting bullets, “just” and “not much more” are odd words to choose.

[SNIP]

How does the choreography of Michael Brown’s afternoon form a story that makes sense? It cannot, or must not, be easier for the police to shoot at an eighteen-year-old who is running—away from the officer, not toward him—with his empty hands showing, than to chase him, drive after him, do anything other than kill him. Teen-agers may not always be prudent; there is no death penalty for that, or shouldn’t be. Michael Brown was black and tall; was it his body that the police officer thought was dangerous enough? Perhaps it was enough for the officer that he lived on a certain block in a certain neighborhood; shooting down the street, after all, exhibits a certain lack of concern about anyone else who might be walking by. That sort of calculus raises questions about an entire community’s rights. One way or the other, this happens too often to young men who look like Brown, or like Trayvon Martin, or, as President Obama once put it, like a son he might have had.

Posted in Charlie Beck, Foster Care, LAPD, Public Defender, racial justice | 2 Comments »

Robin Williams, R.I.P….. The LAPD Commission Votes on Beck Tuesday: What Will Happen?…..Why Juvenile Justice & Education Must Partner Up….& More

August 12th, 2014 by Celeste Fremon


ROBIN WILLIAMS, RIP, THE LOSS OF A STAGGERING TALENT

There are certainly other comedians who are—were—as funny as Robin Williams. But, as his friends, colleagues and admirers struggled to express their shock and sorrow at comic/actor Williams’ death on Monday—possibly by suicide—each seemed also to need to explain why, really, really there was nobody like him.

This was particularly true when it came to the high-wire act of Williams’ stand-up improvisation.

An improvisational genius, wrote both the LA Times Kenneth Turan and the NY Times’ A.O. Scott. “Genius” is an overused word, but in Williams’ case, that about nails it. At his riffing best, his speed at associating was so dazzling, his impersonations so intuitive and fearless, his intelligence so incandescent, in watching him, one felt one was observing the most astonishing of magic tricks.

Chris Columbus, who directed Williams in Mrs. Doubtfire, and was close friends with the comedian actor for 21 years, explained it another way.

“To watch Robin work was a magical and special privilege. His performances were unlike anything any of us had ever seen, they came from some spiritual and otherworldly place….”

Yep. And his performances elicited not just humor but joy. It may sound sappy, but there you have it. Plus there is his marvelous body of work as an actor, his tireless performances for American troops, his years of leadership in fundraising for the homeless with Comic Relief, and his many private acts of sweet-natured kindness, (many of which are now appearing in essays and remembrances, like this story at CNN and this one at Next Avenue).

All these reasons and more are why the loss of Williams on Monday feels so intolerable.

Among the other remembrances worth reading is one by LA Times’ Turan who tells of his few but inevitably indelible encounters with Williams over the years. But there are lots of good ones.


ON AIRTALK, KPCC’S LARRY MANTLE TALKS TO REPORTERS ABOUT TUESDAY’S LAPD COMMISION MEETING & THE VOTE ABOUT WHETHER TO OFFER BECK ANOTHER 5 YEAR TERM

AirTalk’s Larry Mantle’s interviews KPCC’s Erika Aguilar, Frank Stoltze about what they’ve learned about Tuesday’s vote on Beck, and to the LATimes’ Ben Poston, who was part of the team who reported on the LAPD’s misclassifying aggravated assaults as lower level crimes, then to Raphe Sonenshein, the Executive Director of the Pat Brown Institute for Public Affairs at CSU Los Angeles, who is a Beck fan.

Listen in.

To get you started, here’s a clip from the intro:

The Police Commission is meeting tomorrow [Tuesday] to decide whether to reappoint LAPD Chief Charlie Beck for a second five-year term.

Crime in the city has decreased for 11 years in a row and Beck has played an important role in keeping Los Angeles safe in the face of budget and departmental cuts. But Beck has also come under fire for favoritism and inconsistency in dishing out discipline. Of late, he has been embroiled in a scandal of sorts involving a horse the department bought that was subsequently revealed to have been owned by Beck’s daughter. And over the weekend, the LA Times published an analysis finding that the LAPD has misclassified some 1,200 serious violent crimes as minor offenses.

How does the reappointment process work? What criteria does the five-person Police Commission use for making their decision? What’s your opinion of Chief Beck’s performance thus far?


YOUTH JUSTICE EXPERT TELLS WHY THE WORLDS OF JUVENILE JUSTICE & EDUCATION MUST TRULY PARTNER UP TO END THE “SCHOOL TO PRISON PIPELINE,” NOT JUST TALK ABOUT IT

Fifteen years ago, national youth justice expert and educator, Dr. John Mick Moore, was working as a special education director in King County, Washington, when he began to notice that more and more of his school’s special ed students were winding up in the juvie justice system, plus they were “a larger percentage of dropouts.” Then five years later, in Kings County the two systems began talking to each other. New programs were instituted. Grants were procured. And the fate of formerly lost kids began to improve.

Now, Moore, writes about the fact that, despite much good rhetoric, he doesn’t see this kind of practical partnership in most areas of the country, and why that must change.

Here’s a clip:

In spite of all this good work for the past 10 years, I’m still not seeing education as an equal partner when I visit jurisdictions across the nation. I hear phrases like “dual jurisdiction youth” or “crossover youth” focusing on social welfare and juvenile justice. This work has added tremendous value but education seems to be an afterthought. I have never seen a youth who had significant issues with those two systems who didn’t have significant issues with education. It is obvious that juvenile justice and education will never successfully reform current practices and local outcomes without becoming full partners.

So, why now? What’s the big hurry? The big hurry is that everyday we are losing ground on our nation’s economy and the democratic way of life. Ten years have passed since the “Silent Epidemic” was brought to our attention. Each year a youth is incarcerated, hundreds of thousands of dollars are consumed while lost income reduces the nation’s tax base. Each youth who cannot read, write and make educated decisions jeopardizes the core of our democratic process — an educated population of voters. I regularly express to my colleagues that juvenile justice and education must end the failed practice of isolation and begin to function as true partners on behalf of our youth.


HOW PAROLED LIFERS ARE HELPING TO SLOW DOWN THE SCHOOL TO PRISON PIPELINE

And while we’re on the topic of that “pipeline,” we don’t want you to miss this hour-long special on lifers by NPR’s Latino USA, with Maria Hinojosa and Michael Simon Johnson, which features a story about a group of lifers trying to slow down the school-to-prison pipeline with what they call the FACT program, Fathers And Children Together, bringing locked-up fathers back into their children’s life so that having an incarcerated parent no longer guarantees the cycle will continue.

It’s a fascinating special and a promising program.

Posted in American artists, American voices, art and culture, Charlie Beck, Education, juvenile justice, LAPD, Life in general, prison, prison policy, School to Prison Pipeline | 1 Comment »

LAPD Misclassifying Violent Crimes as Minor Offenses, Programs for CA Lifers, Supe. Hopeful Bobby Shriver Discusses Child Welfare…and More

August 11th, 2014 by Taylor Walker

LAPD MISREPORTS 1200 VIOLENT CRIMES AS MINOR CRIMES, SAYS LA TIMES INVESTIGATION

The LAPD misclassified nearly 1,200 violent crimes as minor offenses, significantly changing the city’s crime statistics, according to an LA Times investigation by Ben Poston and Joel Rubin. The wrongly reported crimes were almost always aggravated assaults that were knocked down to simple assaults, and thus not included in the city’s serious crime count. Between October 2012-September 2013, the misclassifications created an aggravated assault tally 14% lower than if the crimes were reported correctly, and a 7% lower overall violent crime total.

Some officers said the misclassifications stemmed from pressure from the top to hit crime reduction quotas. Others, including Chief Charlie Beck have blamed it on human error. But, the investigation found that nearly every inaccurately reported crime was misclassified as a lesser crime, not a more serious offense.

The crime statistics play a role in how departments, captains, and chiefs are evaluated. This investigation comes just days before the police commission’s expected vote on Chief Beck’s reappointment.

Here’s a clip from Poston and Rubin’s story. Here’s a clip:

The LAPD misclassified nearly 1,200 violent crimes during a one-year span ending in September 2013, including hundreds of stabbings, beatings and robberies, a Times investigation found.

The incidents were recorded as minor offenses and as a result did not appear in the LAPD’s published statistics on serious crime that officials and the public use to judge the department’s performance.

Nearly all the misclassified crimes were actually aggravated assaults. If those incidents had been recorded correctly, the total aggravated assaults for the 12-month period would have been almost 14% higher than the official figure, The Times found.

The tally for violent crime overall would have been nearly 7% higher.

Numbers-based strategies have come to dominate policing in Los Angeles and other cities. However, flawed statistics leave police and the public with an incomplete picture of crime in the city. Unreliable figures can undermine efforts to map crime and deploy officers where they will make the most difference.

More than two dozen current and retired LAPD officers interviewed for this article gave differing explanations for why crimes are misclassified.

Some said it was inadvertent. Others said the problem stemmed from relentless, top-down pressure to meet crime reduction goals.

At the start of each year, top LAPD officials set statistical goals for driving down crime in the city. As part of that process, the department’s 21 divisions are given numerical targets for serious crimes each month.

Division captains, their command staff and other senior officials worry constantly about hitting their targets, officers said.

“Whenever you reported a serious crime, they would find any way possible to make it a minor crime,” Det. Tom Vettraino, who retired in 2012 after 31 years on the force, said of his supervisors. “We were spending all this time addressing what the crime should be called, instead of dealing with the crime itself. It’s ridiculous.”

In a written response to questions from The Times, LAPD officials said the department “does not in any way encourage manipulating crime reporting or falsifying data.”

Deputy Chief Rick Jacobs defended the crime-reduction targets, saying they are an important tool for tracking the department’s performance and holding division captains accountable. Captains are not judged solely on the numbers, but on the crime-fighting strategies they use, Jacobs said.

LAPD officials also say classification errors are inevitable in a department that records more than 100,000 serious offenses each year. They say the department has tightened its safeguards and improved its reporting accuracy.

“We recognize there is an error rate,” said Arif Alikhan, a senior policy advisor to Police Chief Charlie Beck. “It’s important to us to do what we can to reduce that error rate.”

The department “is relying on that data to determine where we are going to send cops … how we actually do things to prevent crime,” he added.

Alikhan, a former federal prosecutor and Homeland Security official, said the rate of misclassification has held steady or even declined over the years, so the public can trust figures showing that crime in L.A. has fallen in each of the last 11 years.

Beck declined to be interviewed. In a statement, he said classifying crimes is “a complex process that is subject to human error.”

If the misclassifications were mainly inadvertent, police would be expected to make a similar number of mistakes in each direction — reporting serious crimes as minor ones and vice versa, said Eli Silverman, professor emeritus at John Jay College of Criminal Justice in New York.

But The Times’ review found that when police miscoded crimes, the result nearly always was to turn a serious crime into a minor one.


PRAISES AND CONCERNS REGARDING LAPD CHIEF BECK AS VOTE ON REAPPOINTMENT DRAWS NEARER

As LAPD Chief Charlie Beck heads into the police commission’s Tuesday vote on whether to reappoint him for a second 5-year term, Brenda Gazzar of the LA Daily news looks at criticisms and praises of the chief. Here are some clips:

At a housing project in Watts earlier this year, gang expert Jorja Leap was leading a weekly support group for fathers that included former gang members and parolees when the topic turned to Los Angeles Police Department Chief Charlie Beck.

There had been a spike in gang violence that week, Leap recalled, and some of the men in Project Fatherhood were concerned that the LAPD would go back to its old, heavy-handed ways and “come down hard” on African-Americans. The adjunct professor for the UCLA Luskin School for Public Affairs was stunned, she said, when others in the group strongly disagreed, arguing that Beck would never do that because “he was different.”

“I’ve worked in South Los Angeles all my life — all my professional life — and there has always been mistrust and outright hatred of the LAPD and its chief,” said Leap, noting that this predominantly black neighborhood in particular had witnessed decades of police brutality dating back to the 1965 Watts riots. However, “there’s something about (Beck) that has fostered great trust in the community. He has to always be respectful of that and how he uses that.”

[SNIP]

The Rev.[sic] Greg Boyle, founder of the renowned L.A.-based anti-gang program Homeboy Industries, said Beck “has a reverence for the complexity of things — and the root of gang crime and kids’ involvement in it.” Boyle said his wish is that law enforcement will now realize that gang crime is really a community health issue.

“It’s not enough for law enforcement to keep saying (endlessly) that we ‘can’t arrest our way out of this problem,’” Boyle wrote in an email. “Usually, after saying this, it proceeds to try and solve this problem alone. L.A. is ready for the wider, more aerial view … and Charlie can bring the city to that place.”

But in addition to the new issue of the wrongly categorizing crimes, some commission members still expressed concerns.

“There are a number of (discipline) decisions that trouble me, partly because I felt they were too lenient and partly because I felt they were inconsistent from cases otherwise similar,” said Commissioner Robert M. Saltzman, who has served on the panel for seven years and declined to identify the specific cases due to “personnel matters.”

Meanwhile, Soboroff has publicly disagreed with the chief on two discipline cases, one involving Officer Shaun Hillman, who was given a suspension of more than two months after he allegedly called an African-American a “monkey” in an off-duty incident and lied to investigators. The chief overruled a disciplinary board’s decision to fire Hillman, whose father is a retired LAPD officer and whose uncle is a former deputy chief. The other case involved Beck’s decision to return to duty eight police officers who mistakenly fired more than 100 rounds at a pickup truck carrying two women delivering newspapers during the search for cop killer Christopher Dorner. Beck acknowledged the officers violated department policy but opted to retrain them. However, those decisions are taken against Beck’s total performance over five years, Soboroff said.


CLASSES FOR INFLUX OF LIFER INMATES WINNING PAROLE

Over the last five years, around 2,300 California inmates serving life with the possibility of parole have been released into supervision—more than twice as many as the preceding twenty years combined.

The new population of lifers winning parole has triggered a wave of programs to help these inmates—who have been locked up for decades—successfully reenter their communities and adjust to life on the outside.

KQED’s Scott Shafer has more on the issue. Here’s a clip:

On a recent weekday morning at Solano State Prison in Vacaville, inmates lined up to receive certificates. They had just completed classes that help them understand how they ended up here. The special guest is not a typical graduation speaker. Instead, they hear from Teresa Courtemanche. Six years ago, her son, Matt, who was on the Fairfield City Council, was shot and killed. He was 22 — a victim of mistaken identity. She recalls that night when her home phone rang.

“It was my friend Terri and she said, ‘I think Matt got shot,’ ” Courtemanche remembers. “ ’What?’ ‘I think he got shot.’ I said, ‘OK, let me go. Let me call his phone.’ And I kept calling his phone and he didn’t answer.”

She goes on to describe through tears how the murder tore through her family — and still does. The audience, 40 or so lifers, sits quietly, many of them nodding slowly as she speaks. It’s one of the ways inmates hear about the impact that crime has on their victims and their families. Afterward, one of the inmates, James Ward, speaks passionately about the unfairness of violent crime.

“When I hear us complaining about how unfair we are treated — you want to see how unfairness is?” Ward says, pounding the podium for emphasis. “Look at her experience. When we talk about, ‘Oh, the police didn’t let me out on the yard or came to search my house.’ How messed up that is. That is not unfair!”

Ward has spent half his life in prison after stabbing his ex-girlfriend to death over 30 years ago. After being turned down for parole five times, he was finally found suitable earlier this year. Standing in a prison courtyard, Ward says unless that his parole is reversed by the governor, he’ll leave Solano Prison Nov. 5.

“I have mixed feelings about it, actually,” he confides. “There’s the elation of being found suitable but then the sobering realization of what this has cost — in my girlfriend’s life and her relatives’ lives and my family’s lives. So, the impact is widespread, so I can’t be too celebratory.”

A couple years ago, Ward was trained to be a drug and alcohol counselor at Solano, as well as a mentor for other inmates.

“Doing this work is part of that making amends in a kind of indirect way to my victims,” Ward says. “But there’s more that I think I could do out of the confines of this limiting environment.”

Programs like these are part of a different approach that Gov. Brown has brought to criminal justice. For the first time in decades, inmate rehabilitation is a funding priority. The inmates learn things like anger management, what leads to criminal thinking, the impact crime has on victims and how to reconcile with their own family members if they’re released.

Rodger Meier, deputy director for rehabilitation with CDCR, says the goal is “to try to make sure that they are suitable for parole, that they don’t impact public safety, and they can successfully go out into society and lead a productive life.”

Nearly half of Solano’s 3,300 inmates are lifers, and many will eventually be paroled. And the hope is that programs like these will help them make better decisions than they did before they were sent here.


LA COUNTY SUPERVISOR CANDIDATE BOBBY SHRIVER ON CHILD WELFARE

Last month, Chronicle of Social Change’s Jeremy Loudenback talked with Sheila Kuehl, one of the candidates running for LA County Supervisor Zev Yaroslavsky’s seat, about what she would do, if elected, to push through much-needed Dept. of Children and Family Services reforms—particularly those recommended by the Blue Ribbon Commission on Child Safety.

Now, Loudenback has interviewed Kuehl’s opponent, Bobby Shriver, about his thoughts on creating a better child welfare system for LA County’s most vulnerable.

Shriver discussed fixing DCFS’ outdated computer systems, staying on an issue—calling people “all day long and on the weekend”—until it is corrected, and finding innovators within the system to come together as champions for change.

Here are some clips:

Growing up as the son of Special Olympics founder and social worker Eunice Kennedy Shriver, Shriver says that the struggles of caseworkers in the child welfare system remind him of his mother.

“As a kid, I remember my mom was frustrated with the way with the way things were happening,” Shriver said, recalling his mother’s work in the Illinois juvenile justice system in the 1950s. “I grew up watching her assemble social workers at our house and figure out how to create programs for whatever funding streams in Illinois in the ‘50s and then in D.C. later.”

[SNIP]

Shriver has made the pursuit of new ideas at the core of his campaign for the Board of Supervisors. A self-described “innovation person,” Shriver says Los Angeles County needs to be shaken up.

“I’m more disposed emotionally and intellectually to solve a problem with a new idea that hasn’t been tried before,” Shriver says.

“I don’t want to be sitting here in 10 years with a new study showing me how the child welfare system has yet again failed this group of children. We’ve got a series of those studies already.”

“There’s has to be something that can be done that will shift us out of that and if that’s performance-based contracting in part, we have to take a serious look at it,” said Shriver.

Shriver points to a discussion at the Board of Supervisors meeting on July 29 about creating a mental-health diversion program that would route some offenders into mental-health programs instead of the county’s overcrowded system of jails as an example of how the long-serving board has not always been open to hearing new ways to address the county’s enduring issues

“Supervisor Yaroslavsky said at the meeting that the conversation about diversion was the first discussion of the topic he had heard in the 20-plus years he’s been on the board,” Shriver said. “It’s incredible to me that none of supervisors had brought forward that suggestion in 20 years.”

[SNIP]

“I would stick a fork through my hand if the computer system hasn’t been fixed in four years if I’m there, running for re-election,” he said, referring to the outmoded computer system used by county social workers. “I do have a plan, but the most important element of the plan is that when I say I’m going to absolutely do something, I mean it. I’m going to call people all day long and on the weekend. It has to be followed through on a daily basis. I’ve just never seen [change happen] by committees or consultants, that kind of way.”



See the original LA Times investigation for more LAPD documents.

Posted in Charlie Beck, DCFS, Foster Care, LA County Board of Supervisors, LAPD, prison, Reentry | 11 Comments »

Tanaka Reappears with Tweet, LAPD Chief Beck Horse Purchase Controversy, Juvenile Justice Recommendations for Law Enforcement…and More

August 7th, 2014 by Taylor Walker

PAUL TANAKA RESURFACES WITH A TWEET, SAYS CAMPAIGN IS TAKING THE SUMMER OFF

On Monday we pointed to a story by KPCC’s Frank Stoltze asking where former undersheriff and current sheriff-hopeful Paul Tanaka (and his campaign staff) had disappeared to.

At the time of Stoltze’s story, Tanaka’s had last posted on Twitter June 3 (primary election day). The following day, after garnering only 15% of the vote, he posted on Facebook thanking those who voted for him, and saying that efforts must be redoubled moving forward. A month and a half later, the only new notes on either social media platforms were from supporters on Facebook wondering what had happened to the campaign.

On Tuesday, likely in response to Stoltze’s story, Tanaka posted an update both on Twitter and Facebook confirming that he is still in the race, but no longer campaigning. The Facebook update reads, “We are still in the race but giving our supporters an opportunity to spend the summer with their families. Thank you for understanding.”

ABC7′s Miriam Hernandez has more on the story. Here are some clips:

“It looks like this campaign went into hibernation,” said Jessica Levinson, a Loyola Law School professor and political analyst.

Where’s Tanaka? He vacated his Gardena headquarters, ignored an Eyewitness News request for an interview, and since early June, has been a no-show on social media — until a single tweet went out on Tuesday:

“We are still in the race but giving our supporters an opportunity to spend the summer with our families.”

“I think that anyone who really is running a full-force campaign would not wait until Labor Day to gear up,” said Levinson.

[SNIP]

Tanaka is sometimes visible at Gardena City Hall. He was elected to a third term last spring as mayor. The staff tells Eyewitness News he does not keep office hours, but has not missed a council meeting.

As for the sheriff’s run, one former Tanaka campaign manager says he and others have left.

“Paul is working on putting together a new team for the General Election run. Given the results of the primary, I think a shake up is needed,” said former Tanaka campaign manager Ed Chen

Also needed: funding. Tanaka’s filings with the Los Angeles County Registrar’s Office fill 10 pages, compared to 145 for McDonnell.

What we also learn from the registrar is that there’s no procedure for bowing out of the race. Tanaka’s name will be on the ballot, no matter what.


CONTROVERSY OVER LAPD CHIEF CHARLIE BECK’S INVOLVEMENT IN POLICE HORSE SALE

As the LA police commission’s Tuesday vote on whether to reappoint LAPD Chief Charlie Beck draws nearer, questions have been raised about his involvement in the department’s purchase of a horse from his daughter, Brandi Scimone (Pearson), an officer in the mounted unit.

When the issue originally surfaced, Chief Beck told the public that he was not involved in any way with the $6,000 horse transaction.

But documentation of the purchase bearing Beck’s signature was obtained by the LA Times. LASD spokesman Commander Andrew Smith told KPCC’s Frank Stoltze that the chief only signed off at the very end, after the horse had passed the customary, rigorous evaluation process.

Members of the police commission expressed concern with the discrepancy, but still appeared to be supportive of Beck (as did Mayor Eric Garcetti).

Here’s a clip from Stoltze’s story on the issue:

“That paperwork steered completely around me,” Beck told reporters gathered around him at police headquarters. “I kept it in Chief Moore’s shop,” said Beck, referring to Assistant Chief Michael Moore.

Now, the Los Angeles Times has published an LAPD memo that includes Becks’ signature, approving acceptance of the horse as a donation from the Police Foundation. The Foundation used $6,000 in private money to purchase the horse from the chief’s daughter, Brandi Pearson, for use in the department’s mounted unit. Pearson is an LAPD officer who is assigned to the mounted unit.

“The document would appear to be inconsistent with what he said,” Police Commission member Robert Saltzman said. “I was surprised and troubled by the document.”

“I think when there is an appearance of conflict of interest, we should bend over backwards to make sure the transaction is handled by others,” Saltzman added.

Then, on Wednesday evening, Chief Beck issued a statement saying he was mistaken in his first statements regarding the issue:

“Yesterday, I stated that the paperwork for the donation of a horse originally owned by my daughter, LAPD Officer Brandi Scimone, and purchased with private funds ‘steered completely around me.’ Since that time, I reviewed the file and realized that I had signed the LA Police Foundation’s Grant Request after the donation had been evaluated and approved by the Office of Special Operations and had also signed the Intradepartmental Correspondence to the Board of Police Commissioners to approve of the donation. Therefore, I now realize that my comments were mistaken.”

“After evaluating the circumstances of this donation, in retrospect, I should have ensured that the Department had formally transmitted to the Commission the additional documentation on file which identified the original owner of the horse. I will continue to work with the Commission to increase the Department’s transparency.”

Police commission president Steve Soboroff also issued a statement saying that after reviewing all information, he was satisfied that the chief had no involvement with the decision to purchase the horse.

Here’s a clip from CBS:

L.A. Police Commission President Steve Soboroff said he was “satisfied the commission will have sufficient disclosure going forward” based on Beck’s statement.

“After reviewing the information provided to date by the Department, the Inspector General, and Chief Beck, I am comfortable that the Chief was not involved in the selection, evaluation or purchase of the horse (by the LAPD Foundation) that was previously owned by Chief Beck’s daughter, LAPD Officer Brandi Scimone, and that he did not influence any decision to accept the donation by the Department,” Soboroff added.

The comments follow just hours after Beck came under fire when the memo addressed to him from Capt. Patrick Smith, dated March 14, 2014, emerged in a report by The Los Angeles Times.

The document explains the animal’s qualifications for service on the LAPD, and that the cost of the horse would be covered by a private donor, but identifies the seller only as “a department employee assigned to the Mounted Platoon,” rather than by name.

EDITOR’S NOTE:

We at WitnessLA have long thought highly of Los Angles Police Department chief Charlie Beck. Even before he was selected to head our city’s police department, we found him to be a straight shooter who loved policing but was realistic about the department’s imperfections, and about the necessity of healing its relationships with the communities it served. After he became chief, we observed his hand to be a steady one at the wheel. We also noted that Beck was a man unafraid to learn and change on the job (as evidenced by his recent efforts to be more transparent). As a consequence, the LAPD has improved considerably under his leadership.

That is why we are dismayed at the string of accusations of conflicts of interest and favoritism that have plagued Beck in the last few months. For instance, this past spring there was the chief’s controversial reversal of the decision to fire Shaun Hillmann, whose uncle happens to be a well-known former LAPD deputy chief. And, more recently, there are the allegations that a sergeant who reportedly had less-than-appropriate relations with two female officers, the chief’s daughter one of them, received a lighter form of discipline than was originally planned or was called for.

Finally, there is the matter of the purchase of Beck’s daughter’s horse for the department—a story we originally thought to be a silly non-controversy. Then suddenly there was the perception, at least, that Beck was less than one hundred percent honest about his involvement in all this horse buying business, a mistake that Beck has mostly rectified, as of Wednesday night.

We have no doubt that Chief Beck should be awarded a second five-year term next Tuesday when the police commission is scheduled to vote. Letting the chief finish the work he has begun at the LAPD is assuredly the best choice for our city. But a new contract should not be confused with a blanket approval of all of Beck’s actions.

Even the appearance of favoritism, especially when it comes to discipline, is toxic for a law enforcement organization.

This means that, whatever the truth of the various controversies, Chief Charlie Beck must work quickly and aggressively to correct the appearance that the rules are different for some favored people in the department that he leads.


ACTIONS FOR LAW ENFORCEMENT LEADERS TO TAKE TO REFORM THE JUVENILE JUSTICE SYSTEM

An important new report from the International Association of Chiefs of Police offers 33 recommendations for law enforcement leaders to reform the juvenile justice system at the local, state, and federal levels. The report was produced with the support of the MacArthur Foundation.

The report addressed areas for reform such as partnering with kids and their families, developing alternatives to justice system involvement and incarceration, data collection, and helping kids graduate. The report’s recommendations were developed at a National Summit on Law Enforcement Leadership in Juvenile Justice, where they received input from such advocate organizations as Justice for Families.

Here are the recommended actions for law enforcement leaders to improve interaction with kids who have behavioral disabilities and history of trauma:

Prevalent challenges: A large proportion of the young people who come into contact with law enforcement have mental health conditions, substance abuse problems, developmental disabilities, or trauma histories. These youth present distinct challenges in terms of how they interact with law enforcement and what their needs are. Law enforcement officers need training and protocols to enable them to better understand these issues and respond effectively.

Connecting youth and families with resources: Young people and their families are often in need of a wide range of services, and absent these services, criminal justice remedies alone will not be effective. As the first point of contact with many youth and families—long before any social services agency might learn of their needs—law enforcement officers have an opportunity to connect them with needed resources.

Recommendations

Law enforcement policies, practices and training should enable officers to respond appropriately to youth with mental health and substance abuse disorders and trauma histories by empowering officers to:

- understand the impact of these disorders and background on youth behavior;

– recognize and interpret the needs of a youth during first contact;

– respond appropriately with the aid of crisis intervention techniques to de-escalate conflicts and maximize the safety of officers, youth, and others; and

– make appropriate referrals to community-based services and minimize justice system involvement whenever possible.

Training on youth with trauma histories should include information on:

– the powerful and lasting effects trauma has on young people and their behavior;

– ways that arrest and detention can contribute to youth trauma; and

– the critical role of law enforcement in helping children recover from traumatic experiences by reinforcing safety and security.

As the first point of contact with many young people and families, law enforcement agencies have a unique vantage point to recognize unmet needs for behavioral health services and to collaborate with local government agencies and community-based providers to address systemic gaps in services.


LA TIMES’ ROBERT GREENE ON THE SUPES’ LASD OVERSIGHT DECISION

On Tuesday, the LA County Board of Supervisors voted down the creation of a civilian commission to watch over the sheriff’s department. The Supes also chose to bind the department’s Inspector General to the board through an attorney-client relationship. This means that the Supes could receive his reports in closed-door meetings.

The LA Times’ Robert Greene says that what the sheriff’s department needs is oversight that reports to the public, not just the county supervisors.

Here’s how it opens:

In arguing against a civilian commission to oversee the Sheriff’s Department, Richard Drooyan on Tuesday read the Los Angeles County Board of Supervisors a key passage from the report on jail violence he helped write in 2012. Such a commission, he said, “is not necessary if the Board of Supervisors continues to put a spotlight on conditions in the jails and establishes a well structured and adequately staffed OIG” — meaning the new Office of Inspector General.

They are the correct words to draw from the findings and recommendations of the Citizens Commission on Jail Violence, but they should direct readers to the opposite conclusion.

An oversight commission is not necessary if — and it’s the key “if” — the supervisors continue to focus on the jails and if they establish a well-structured and adequately staffed OIG.

In fact, as to the first “if,” the long, sorry record of the Board of Supervisors’ failed oversight of the Sheriff’s Department shows that its attention is too unfocused over time to properly do the job. That’s the whole point: Los Angeles County is facing federal court jurisdiction over treatment of inmates, has seen six deputies convicted of obstructing an FBI investigation and a dozen others indicted on various charges, and is paying out millions of dollars in lawsuit verdicts and settlements because the board was inadequate to the task of oversight.

It’s not that the supervisors weren’t on notice of the problems, which were detailed for them every six months, along with recommendations, by Special Counsel Merrick Bobb. They were indeed on notice, but somehow lacked the will or the ability to do much about it.

Now, after rejecting a civilian oversight commission on Tuesday, a majority of the supervisors insist that everything will change. They’ve learned their lesson. They’ll do better. They really mean it this time.

Posted in Charlie Beck, juvenile justice, LA County Board of Supervisors, LAPD, LASD, Paul Tanaka | 13 Comments »

Childhood Trauma Often Mistaken for ADHD….The Feds Officially to Retry Sexton…..The Question of Charlie Beck’s 2nd Term…NY Wants to Raise Age of Criminal Responsibility

July 8th, 2014 by Celeste Fremon


HOW CHILDHOOD TRAUMA IS OFTEN MISTAKEN FOR ADHD

One in nine U.S. Children are diagnosed with ADHD—attention deficit/hyperactivity disorder. There have been many theories as to the reason for this consistent rise in the prevalence of the disorder. Now researchers are beginning to wonder if perhaps inattentive, hyperactive, and impulsive behavior is often not ADHD at all, but a mirror of the effects of trauma and stress—a form of PTSD—that is misdiagnosed when pediatricians, psychiatrists, and psychologists are simply going for the familiar label rather than seeing the true underlying cause.

Rebecca Ruiz delves into the issue in a story that has been co-published by The Atlantic and Aces Too High. It’s a must read.

Here’s a clip:

Dr. Nicole Brown’s quest to understand her misbehaving pediatric patients began with a hunch.

Brown was completing her residency at Johns Hopkins Hospital in Baltimore, when she realized that many of her low-income patients had been diagnosed with attention deficit/hyperactivity disorder (ADHD).

These children lived in households and neighborhoods where violence and relentless stress prevailed. Their parents found them hard to manage and teachers described them as disruptive or inattentive. Brown knew these behaviors as classic symptoms of ADHD, a brain disorder characterized by impulsivity, hyperactivity, and an inability to focus.

When Brown looked closely, though, she saw something else: trauma. Hyper-vigilance and dissociation, for example, could be mistaken for inattention. Impulsivity might be brought on by a stress response in overdrive.

“Despite our best efforts in referring them to behavioral therapy and starting them on stimulants, it was hard to get the symptoms under control,” she said of treating her patients according to guidelines for ADHD. “I began hypothesizing that perhaps a lot of what we were seeing was more externalizing behavior as a result of family dysfunction or other traumatic experience.”

[SNIP]

Dr. Kate Szymanski came to the same conclusion a few years ago. An associate professor at Adelphi University’s Derner Institute and an expert in trauma, Szymanski analyzed data from a children’s psychiatric hospital in New York. A majority of the 63 patients in her sample had been physically abused and lived in foster homes. On average, they reported three traumas in their short lives. Yet, only eight percent of the children had received a diagnosis of post-traumatic stress disorder while a third had ADHD.

“I was struck by the confusion or over-eagerness–or both–to take one diagnosis over another,” Szymanski says. “To get a picture of trauma from a child is much harder than looking at behavior like impulsivity, hyperactivity. And if they cluster in a certain way, then it’s easy to go to a conclusion that it’s ADHD.”


IT’S OFFICIAL NOW: THE FEDS WILL RETRY SEXTON

In a hearing held at 3 pm Monday in front of Judge Percy Anderson, Prosecutor Brandon Fox announced that, yes, the government had decided to go another round in trying Los Angeles Sheriff’s Deputy James Sexton for obstruction of justice for his part in allegedly hiding inmate and federal informant Anthony Brown from any and all federal officials.

The trial is set to begin on September 9, 2014.

Fox also notified the judge of his intent to file a motion limiting testimony on Sexton’s contacts and cooperation with the FBI, which the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.

The defense is likely to argue that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made incriminating statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded.

We will know what the judge rules later this summer.

Three more federal trials of LASD department members, all of them indicted for brutality and corruption in the LA County Jails, are scheduled for the coming year, according to the US Attorney’s Office.

In a case that will come to trial November 4, 2014, Deputies Joey Aguiar and Mariano Ramirez are accused of punching, kicking and pepper spraying an inmate who was handcuffed and shackled with a waist chain, then lying about their actions in a report that, in turn, caused the inmate to be falsely criminal charged.

In a case that will come to trial January 13, 2015, deputies Bryan Brunsting and Jason Branum are charged in a six-count indictment with civil rights violations, assault and making false statements in reports. The indictment also alleges (among other things) that Brunsting, a training officer, frequently used deputies whom he was training to file reports that covered up abuse. The victims were inmates at the Twin Towers Correctional Facility.

A third jail brutality trial is scheduled for March 3. This indictment charges a sergeant and four deputies with civil rights violations, alleging that Sergeant Eric Gonzalez, and deputies Sussie Ayala, Fernando Luviano, Pantamitr Zunggeemoge, and Noel Womack, arrested or detained five victims—-including the Austrian consul general—–when they arrived to visit inmates at the Men’s Central Jail in 2010 and 2011. In one of the four incidents, the victim suffered a broken arm and a dislocated shoulder that has left him permanently disabled. In another incident, the Austrian consul general and her husband were handcuffed and detained.

The six department members convicted last week will be sentenced on September 8, 2014.

Deputy Gilbert Michel, of the phone smuggling case, will be sentenced on September 15, 2014.


AFTER BUMPY PERIOD WITH CIVILIAN BOSSES, LAPD CHIEF CHARLIE BECK IS BACK ON SOLID GROUND

It was assumed that popular LA Chief of Police Charlie Beck would easily get a second term at the job. Then this spring, the LA Police Commissioners started to express concerns about a series of controversies. Between then and now, Beck has done much to mend and strengthen relationships, and thus he seems once again back on solid footing.

He wants a second term because he has a lot more to do, he says. Now it reportedly looks as though he’s going to get one—which is as it should be. (Firm constructive criticism is one thing, however, replacing Charlie Beck at this juncture would have been, in our opinion, unnecessary and destructive.)

The LA Times Joel Rubin has the details on this story of how things got off track, and now are back on. Here are some clips:

Charlie Beck received a blunt message from one of his civilian bosses as he prepared to request a second term as chief of the Los Angeles Police Department: He was no longer a shoo-in for the job.

Police Commissioner Paula Madison demanded a meeting with Beck in April and told him she was concerned about a recent string of controversies and his apparent lack of transparency with the five-member oversight panel he reports to.

“When I stepped into this role, I didn’t expect that we would be looking for a new police chief, but now we may need to consider it,” Madison recalled telling Beck.

Other commissioners shared her concerns. Some were displeased enough with Beck that they alerted Mayor Eric Garcetti, who appoints the commissioners and wields considerable influence on their decision. The mayor, in turn, summoned the chief.

[SNIP]

Before the recent tension with his bosses, Beck had cruised relatively unscathed through his first term in a period of relative calm for the scandal-prone LAPD. Beck established himself as a capable leader and oversaw continued declines in crime, according to department statistics.

He guided the department through budget cuts that included the near elimination of cash to pay officers for overtime. As many of the department’s roughly 10,000 officers accumulated hundreds of hours of unpaid overtime, Beck oversaw a plan that forced large numbers of them to take time off each month in lieu of being paid cash. The strategy strained resources as Beck and his commanders scrambled to make do with a depleted force.

Beck, when he thought it was necessary, did not shy from confrontations with his officers and the union that represents them.

[SNIP]

Decisions Beck made on discipline set off his recent clash with the commission. In February, he opted not to punish a group of officers involved in a flawed shooting, which drew a public challenge from Soboroff. A few weeks later, members of the oversight board, along with many officers, criticized the chief for not firing Shaun Hillmann, a well-connected cop who was caught making racist comments.

Those controversies were followed the next month by revelations that officers in South L.A. had been tampering with recording equipment in patrol cars to avoid being monitored. Commissioners demanded to know why Beck had left them in the dark about the matter and questioned whether the chief was committed to working with his civilian bosses….

Read on.


NEW YORK GOVERNOR DETERMINED TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY

Supporters of raising the age of criminal responsibility in New York have science and statistics on their side when it comes to the reasons to avoid trying most youth as adults, but will they manage to get legislation passed to actually raise the age?

Roxanna Asgarian from the Juvenile Justice Information Exchange explores the pros and cons of raising the age in New York.

Here’s a clip:

In April, Gov. Andrew Cuomo announced the members of the Commission on Youth, Public Safety and Justice, created in part to address raising the age of criminal responsibility. Today, New York and North Carolina are the only two states where young people 16 and older are automatically treated as adults.

“Our juvenile justice laws are outdated,” Cuomo said in his State of the State address this year. “It’s not right, it’s not fair — we must raise the age.”

The commission is tasked with serving up concrete recommendations about raising the age and juvenile justice reform by December. Alphonso David, the governor’s deputy secretary of civil rights, said the commission has to strike a balance.

“When we think about criminal justice reform we are addressing two platforms: reducing recidivism and ensuring public safety,” David said. “We are very focused on advancing both objectives, so recommendations would likely factor in both goals.”

Posted in Charlie Beck, FBI, juvenile justice, LA County Jail, LAPD, LASD, PTSD, Sheriff Lee Baca, Trauma, U.S. Attorney | 2 Comments »

Heartbreak Over Death of LAPD Officer Nicholas Lee

March 8th, 2014 by Celeste Fremon


The word first went out at around just before 9 am Friday morning
that an LAPD officer had been killed in a dreadful collision with some kind of big rig truck, his partner in the patrol car, was in critical condition.

Later in the day, more information was released. The injured officer was a female, a rookie not long out of the academy. The cop who died was her training officer, a fourteen year veteran on the force, and a family man with two young daughters. Both officers were out of the Hollywood division. The two were reportedly responding to an “unknown trouble” call when they collided with the truck on Loma Vista Drive and Robert Lane, in the hilly area above Sunset Boulevard, not too far from Greystone Mansion.

The rookie’s name was not released. The name of the 40-year-old training officer was, Nicholas Choung Lee, a well-liked Officer III.

The loss of a law enforcement officer, or a firefighter, is a loss for everyone. As family and friends and fellow officers grieve, we join them in their heartbreak.

Coincidentally, many who had never met Nick Lee found that they had just seen the calm, good-looking officer just a few days before in the video birthday card that Chief Charlie Beck and other department members made and sent to cheer up 7-year old, Tyler Seddon, a sweet-faced boy who is battling acute lymphoblastic leukemia.

(In case you didn’t watch the video when we posted it earlier this week, here it is again. If you start at about minute 1:17, you will see as Lee wishes Tyler happy birthday. “I hope you feel better and I wish you well,” he says.)

Seeing Lee, reportedly a devoted dad to his two girls, one likes him immediately.

“It is with great sadness and a heavy heart that I must ask our #LAPD officers to wear a mourning band for our own,” Chief Charlie Beck tweeted at midday on Friday.

Then a little while later, “Thinking of our brothers & sisters @LAPDHollywood during extremely difficult time. We will get through this together.”

And finally: “#LAPD Police Officer III Nicholas Lee, Serial No. 34980. A man of greatness and selflessness. Nick was a great cop. May he rest in peace.”

What Charlie said.

Posted in Charlie Beck, LAPD, Life in general | 9 Comments »

LA Supe Molina Asks for LASD Internal Investigation Files…Breaking Out of Men’s Central Jail Cells…One Problem with “My Brother’s Keeper”…and More

March 5th, 2014 by Taylor Walker

LA SUPERVISOR MOLINA REQUESTS LASD FILES ON USE OF FORCE INSTANCES

Los Angeles County Supervisor Gloria Molina is calling on County Counsel to give the board access to LASD internal investigation files regarding use of force and officer-involved shootings.

Molina says, without access, the board cannot provide thorough oversight, or know whether it is valid to settle with claimants in use of force cases against the LASD. Molina introduced a motion that would request immediate access to LASD reports on a 2013 shooting involving an officer who had been involved in six other shootings. Board members will likely vote on it at next week’s meeting.

Here’s a clip from Supe. Molina’s website:

“Our county lawyers don’t seem to understand whom they’re representing here,” Molina said. “It appears we have Sheriff’s Deputies involved in violating policy over and over again, often the same ones. Management allows this to happen. And yet when I ask for a copy of basic investigations into these cases, County Counsel has denied me access time and again. I have explained myself continuously as to my duty and responsibility. I have outlined that I am asking for nothing but our own materials.”

Under Government Code Section 25303, the Board of Supervisors is required to oversee the conduct of all county officers to ensure that they “faithfully perform their duties.” Moreover, in Dibb v County of San Diego (1994), the California Supreme Court ruled that a county Board of Supervisors has the legal obligation to monitor the conduct of Sheriff’s employees as long as it does not interfere with the investigation and prosecution of criminal conduct.

“I have reminded our legal counsel that this is not the District Attorney’s investigation and the District Attorney is not their client – we are,” Molina continued. “I’m willing to view this report with a bank of lawyers surrounding me and yet I’m still continually denied access to it. The Sheriff’s Department has investigated the incident and claimed to have taken appropriate corrective action. But we don’t know if that is true. I am told that the Board of Supervisors must pay for these claims, that we have no choice. Yet our lawyers constantly refuse to fight for our access to the reports that would help us get to the root causes of our problems. I have no interest in interfering with D.A. investigations – only ensuring the fundamental integrity of the investigations. But I have significant questions about officer-involved shootings and whether or not our use-of-force policies are being followed not just in our county jail system but in the field, where residents live and work. In the absence of a fully operational Office of Inspector General or a legally constituted Civilian Oversight Committee with subpoena power, it falls to the Board of Supervisors to directly exercise its duty and authority on behalf of the public.”


EASY CELL BREAKOUTS AT MEN’S CENTRAL JAIL

ABC7 spoke with inmates and jail officials, including CJ captain Dan Dyer, who said it’s not all that hard to escape from a cell, even a high security one, in the outdated Los Angeles Men’s Central Jail.

Dyer says inmates usually break out of their cells and handcuffs to attack other inmates (less often deputies and custody assistants).

Here’s a clip from the ABC7 report:

“For my staff, every time they walk one of these rows, they’re in danger,” said Men’s Central Jail Captain Dan Dyer.

One inmate, whom we agreed not to identify, is housed in a high-security area known as “2904.” He told Eyewitness News he’s accused of murder and selling drugs and guns. The inmate was locked up behind a cell door constructed from heavy steel mesh and iron bars. Despite the tight security, the inmate told us he could break out of his cell at any time.

“Yeah, like most doors when you unlock them, some doors are racked and if you know how to do it right, you can push your gate in and it will open right up, you know? And whether you catch an active or non-active gang member, your enemies, you could attack them while they’re walking to the showers and handcuffed with deputies,” said the inmate.

Escapes from the jail facility itself are rare, but inmates breaking out of their cells is another matter.

“There’s probably not a housing location in my building that they can’t get out of,” said Capt. Dyer. “We’ve watched them. We’ve had them show us how they do it. Simply the design of some of these cells makes it very easy. These guys that have been in and out of here over the years. It’s an art to it and they know how to do it.”

The inmate in 2904 says he learned how to break out of his cell from his “homies” and years of cycling into and out of the criminal justice system.

“When you’re facing life already, you have nothing to lose,” he said.

Dyer said a small number of inmates may want to attack a deputy or custody assistant, but most are looking to assault a fellow inmate.

“What’s commonly called a ‘green-lighter,’” said Dyer. “Somebody who’s a drop-out from a gang on the street or somebody who has committed an act inside the jails in violation of gang codes. Those are the individuals they’re after.”


“MY BROTHER’S KEEPER” …WHAT ABOUT YOUNG GIRLS AND WOMEN OF COLOR?

Last week, President Barack Obama launched an important initiative to help boys and young men of color break free of the school-to-prison-pipeline and build successful lives.

The Nation’s Dani McClain says—that’s great, but minority girls need just as much help. Here are some clips:

If streets corners, classrooms, workplaces and court systems are inhospitable to and dangerous for black and Latino boys and men, how do they affect the girls and women who are often right by their sides? After all, boys and men don’t exist in a vacuum.

In fact, black and Latina girls and women also struggle to succeed in school, avoid the criminal justice system, and find and keep good jobs. Nearly 40% of black and Latina girls fail to graduate high school on time. Black girls experience sexual violence at rates higher than their white and Latina counterparts, and intimate-partner homicide is the leading cause of death among black women between the ages of 15 and 35. This is perhaps not the kind of violence Obama’s initiative is drawing attention to, but it’s violence just the same.

[SNIP]

In the past thirty years, women have entered US prisons at nearly double the rate of men, with the female population behind bars growing by more than 800 percent, according to the Center for American Progress (CAP). Racial disparities exist for the female prisoner population, too. Black women are three times more likely than white women to be incarcerated and Latina women are nearly 70 percent more likely.

The president’s initiative promises to create economic opportunities for boys and young men, and girls and young women could use a hand in this arena as well. A study of black unemployment found that black teenage boys and girls experienced similar rates of joblessness during 2011—a low of 35 percent for black girls and 39 percent for black boys and a high of 48 percent for both. The same UC Berkeley Labor Center study found that between 2009 and 2011, the unemployment rate declined slightly for black men but joblessness actually increased for black women. Unemployment rates fell for both white men and white women during this time.


LAPD MAKES HAPPY BIRTHDAY / GET WELL VIDEO FOR YOUNG BOY WITH LEUKEMIA

The LAPD put together a very sweet video for Tyler Seddon, a young boy celebrating his seventh birthday while fighting leukemia for a second time. Tyler’s mother set up a Facebook account asking her son’s heroes, first responders, to send him birthday cards.

Posted in Charlie Beck, LA County Board of Supervisors, LAPD, LASD, Obama, racial justice, School to Prison Pipeline, Zero Tolerance and School Discipline | 6 Comments »

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