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Lawmakers Call for End to Reckless Medicating of CA’s Foster Kids….Head of State Foster Care Sez Not So Fast….Shadows & Ferguson….LAPPL Tells NYT Why Words Matter

August 27th, 2014 by Celeste Fremon



CALIFORNIA LAWMAKERS CALL FOR END TO RECKLESS USE OF PSYCH MEDS ON STATE’S FOSTER YOUTH

After The San Jose Mercury News ran its eloquent and devastating investigative report by Karen de Sá about the over-use psychotropic meds on California’s foster youth, various lawmakers have come forward to call for fast-tracked action to curb the prescribing of psychiatric meds to essentially drug foster kids into submission.

De Sá writes about the various legislators who have come forward since her report appeared Sunday. Here are some clips:

“It’s easier to take care of a sleeping kid, but that doesn’t mean that it’s right,” State Sen. President pro Tem Darrell Steinberg said in an interview Monday. “And it certainly doesn’t mean that it’s in the best interest of the child — it’s obvious that in so many instances, it’s not.”

Steinberg said he was deeply concerned about the newspaper’s finding that the state spends more on psychiatric drugs for foster children than on any other type of drug. An analysis of 10 years of Medi-Cal data showed psych meds accounted for 72 percent of spending on the 10 most expensive drug groups for foster children, topping $226 million.

Steinberg said that wide-open spigot, fueled by pharmaceutical company marketing, has to be restricted.

“What we know now is that $226 million, 72 percent of the total spent, is being used to over-prescribe and to over-rely on medication as the primary strategy to help these kids who have already had a tough life — and that the side effects and impact on their life and their growth are serious,” Steinberg said. “This report and these numbers tell me that this money is not being well spent in many instance…

[LARGE SNIP]

One senator on Monday said he was ready to lead the charge. Sen. Jim Beall, D-San Jose — who chairs the Senate Human Services Committee — said his committee will consider new policies and legislation to curb overprescribing when the new session begins in December. Beall said he intends to focus on what he calls “‘trash can diagnoses’ — diagnoses that are made simply to control behavior, as opposed to diagnoses that have a medically therapeutic value.”

Beall agreed with Steinberg’s urgency, noting: “There needs to be some action taken to reduce the inappropriate use of drugs in our foster care system — this is not a lightweight issue.”

Sen. Holly Mitchell, D-Los Angeles, agreed.

“Drugging kids to make them behave isn’t care, isn’t responsible and shouldn’t be legal,” she said in a statement. “Silencing their youthful pain by inducing stupor simply leaves childhood issues to fester into adulthood — and violates the obligation to ‘do no harm’ to those in our care.”


HEAD OF CALIFORNIA’S DEPARTMENT OF SOCIAL SERVICES SAYS NO EASY WAY TO END OVER-MEDICATING OF KIDS IN STATE CARE

When the Mercury-News talked to Will Lightbourne, head of California’s Department of Social Services, about their report, he told the paper that this over-drugging problem would take some time to solve.

Thankfully that answer didn’t work for the Mercury-News editorial board, the members of which seemed to think that every kid whose life was being potentially wrecked by being force-fed an untested cocktail of psychotropic meds, has a life that actually, you know, matters.

Here’s a clip from their editorial:

Will Lightbourne, head of California’s Department of Social Services, says there’s no simple way to end the pattern of thousands of foster children spending much of their youth drugged into malleability — the horror eloquently revealed by reporter Karen de Sá on Sunday’s Page One. He says it has to be part of the holistic rethinking of the entire foster care system that’s under way, giving doctors better options than prescribing psychotropic drug upon psychotropic drug to control children who act out.

Really? Really? If this isn’t a crisis, then what is?

The abusive use of powerful medications on kids with formative brains cries out for action. Each child who grows up scarred by this is a human tragedy and, in many cases, a lifetime burden on society.

Yes, the whole foster care system needs rebuilding, and yes, that could reduce the incentive to drug kids to alter behavior. But we can’t write off the children in the system now. That’s like declining to treat a cancer because the cure hasn’t been found.

It’s time to act. There are things the state can do now to at least begin to control the damage to children’s minds and physical health….


FERGUSON, & THE LONG SHADOWS OF HISTORY

Author and associate history professor, Jeleni Cobb, writing for the New Yorker, has been one of the voices consistently worth reading during the most intense days in Ferguson.

His newest essay, posted late Tuesday afternoon at the New Yorker, is another thoughtful and emotionally affecting example. Here are two clips, one from the essay’s beginning, the second taken from near its end:

When I was eighteen, I stumbled across Richard Wright’s poem “Between the World and Me. The poem, a retelling of a lynching, shook me, because while the narrator relays the details in the first person, the actual victim of that brutish ritual is another man, unknown to him and unknown to us. The poem is about the way in which history is an animate force, and how we are witnesses to the past, even to that portion of it that transpired before we were born. He writes,

darkness screamed with thirsty voices; and the witnesses rose and lived:
The dry bones stirred, rattled, lifted, melting themselves
into my bones.
The grey ashes formed flesh firm and black, entering into
my flesh.

Nothing save random fortune separated the fate of the man who died from that of the one telling the story. Errin Whack and Isabel Wilkerson have both written compellingly about the long shadow of lynching. It is, too often, a deliberately forgotten element of the American past—one that is nonetheless felt everywhere in Ferguson, Missouri, where protests followed the shooting of Michael Brown, who was eighteen years old, by a police officer. One can’t make sense of how Brown’s community perceived those events without first understanding the way that neglected history has survived among black people—a traumatic memory handed down, a Jim Crow inheritance….

And then this:

…I was once a linebacker-sized eighteen-year-old, too. What I knew then, what black people have been required to know, is that there are few things more dangerous than the perception that one is a danger.

I’m embarrassed to recall that my adolescent love of words doubled as a strategy to assuage those fears; it was both a pitiable desire for acceptance and a practical necessity for survival. I know, to this day, the element of inadvertent intimidation that colors the most innocuous interactions, particularly with white people. There are protocols for this. I sometimes let slip that I’m a professor or that I’m scarcely even familiar with the rules of football, minor biographical facts that stand in for a broader, unspoken statement of reassurance: there is no danger here…

Read on.


LAPPL CALLS OUT NY TIMES, NOTING THAT “UNARMED” ALONE DOES NOT DEFINE WHETHER OR NOT SOMEONE POSES A DANGER

Being precise with words matters, as this new post on the blog for the LAPD’s union states, calling out the New York Times for what the LAPPL suggests is a careless use of language.

Here’s a clip from the post’s opening:

Repeated descriptions of a suspect as “unarmed” when shot by a police officer does not, contrary to the belief of the New York Times and others who use the term without further describing the facts of the encounter, determine if the force used by an officer was lawful or reasonable. Labeling the suspect as “unarmed” does not begin to answer the question of the danger they posed in each instance where deadly force was used.

According to the FBI’s online database of officers feloniously killed, as well as the Officer Down Memorial Page, since 2000, there have been at least 57 occurrences where the suspects have taken officers’ weapons and murdered the police officer with it….


Photo courtesy of Wikimedia Commons

Posted in American voices, Civil Liberties, Civil Rights, DCFS, Foster Care, LAPD, LAPPL | No Comments »

Lessons the LAPD Can Teach……What About Body Cameras?…..John Oliver on Police Militarization….”Toxic Stress” and CA Kids…..& More

August 19th, 2014 by Celeste Fremon


WHAT FERGUSON CAN LEARN FROM THE LAPD

Yes, the Los Angeles Police Department is far from perfect. There was, for instance, the recent revelation that they appear to be deliberately cooking some of their crime stats to shower better numbers than they actually have. Yet, they’ve also undeniably made a huge amount of significant progress in the last decade.

With that in mind, the LA Times editorial board listed a few lessons that the staggeringly problematic Ferguson police department might want to learn from the LAPD

Here’s a representative clip:

….More than two decades ago, civic leaders here grasped the importance of diversity on the police force. Today, the LAPD mirrors the city quite closely — Latinos are the department’s largest ethnic group, and blacks make up just over 10% of the force, roughly equivalent to their representation in the city. Ferguson’s force is almost entirely white — only three of 53 commissioned officers are black — even though the population of the city is two-thirds black. It is difficult for residents to trust a force that feels foreign.

The riots forced deep reflection in Los Angeles over how police should best handle unruly crowds. The department today attempts neither to yield to violence nor to provoke it. It’s not always successful — by its own admission, its handling of a May Day rally in 2007 was cause for “great concern.” Still, the LAPD’s reputation for restraint in crowd control is generally deserved. By contrast, authorities in Ferguson responded to initial protests with heavy arms and tactics; the situation escalated rapidly….

For the rest, read on.


WHAT ABOUT THOSE BODY CAMERAS FOR POLICE?

The shooting of Michael Brown has brought up the topic of body cameras for police again and, in his story on the issue, the Wall Street Journal’s Christopher Mims notes that the Ferguson police department, like many law enforcement agencies, has a supply of the cameras but has not actually deployed them to officers.

The LAPD has been testing body cameras out but has not gone into any wholesale ordering of the things.

Rialto, California, however, is one of the cities that has required all its officers to use cameras (which are no bigger than pagers).

“In the first year after the cameras’ introduction,” Mims writes, “the use of force by officers declined 60%, and citizen complaints against police fell 88%.”

Mims had more to say about the benefits and potential challenges of camera use when he was on Madeleine Brand’s Press Play on Monday.


JOHN OLIVER’S SCATHING TAKE ON POLICE REACTION IN FERGUSON & LAW ENFORCEMENT SHOCK & AWE

John Oliver covered the behavior of the police in Ferguson and the increasing militarization of American law enforcement in his Sunday show “Last Week Tonight.” He makes one false step in calling the convenience store video of Michael Brown irrelevant, but most of the rest of Oliver’s commentary is well-researched, sharply on target, and scathing.


CALIFORNIA SENATE PASSES RESOLUTION ASKING GOV TO LOOK AT INTERVENTION POLICIES TO ALLEVIATE “TOXIC STRESS” AND TRAUMA IN CHILDREN

With a bipartisan vote of 34-0, on Monday, the California Senate passed a resolution aimed at getting the governor to begin to focus on the issue of the effect of childhood traumas known as “adverse childhood experiences”—-or ACES— on a kid’s future.

Big sources of trauma are things like physical, emotional or sexual abuse, neglect, untreated mental illness or incarceration of a household member, domestic violence, community violence….and so on.

The resolution notes that studies now have tracked the effects of too many “ACES,” and the results are alarming. For instance, a child with 4 or more ACES is 46 times more likely to have learning or emotional problems, and far more likely to have contact with the criminal justice system…and more.

It also notes that prolonged “toxic stress” can “impact the development of a child’s fundamental brain architecture.”

Yet research has shown too that intervention in a child’s life can mitigate and heal the potential for damage caused by these toxic traumas.

The resolution—-introduced by Senator Holly Mitchell (D-Los Angeles), and co-sponsored by the Center for Youth Wellness, Children Now and Californians for Safety and Justice— is largely symbolic.

But it is also viewed as a big step in acknowledging the importance of early childhood trauma in the lives and future of the state’s children, and the need for policy that provides trauma-informed intervention for the kids most affected.

A concurrent resolution unanimously passed the California Assembly on August 11.


CA PRISONS BEGIN TO REFORM POLICIES TOWARD THE MENTALLY ILL DESCRIBED AS “HORRIFIC”

As the California Department of Corrections and Rehabilitation begins to comply with the federal court ordered revisions of its long-criticized use-of-force policy with the mentally ill, the California Report’s Julie Small looks at mental illness and California prisons with a series of reports. Here’s a clip from her Monday story, with more to come.

The number of inmates with mild to severe mental illness has grown to 37,000 in California, about a quarter of the prison population.

A series of lawsuits brought by inmates against the state over the last two decades has exposed a correctional system poorly equipped to handle their extraordinary needs.

Now California is trying to comply with a federal court order to change when and how correctional officers use pepper spray to force uncooperative inmates to leave their cells or follow orders.

Pepper spray may have contributed to three inmate deaths and an unknown number of injuries — unknown because the California Department of Corrections and Rehabilitations doesn’t consider the effects of pepper spray an injury.

The issue was brought to light last year through graphic videos shown in court in a lawsuit that was begun in 1990, a lawsuit brought by inmates to improve psychiatric care.

[SNIP]

One video showed custody staff at Corcoran State Prison struggling to remove an inmate who was hallucinating and refusing to leave his cell in order to receive medication.

The inmate had taken off his clothes and smeared feces on himself. When he refused to submit to handcuffs, guards in gas masks sprayed a potent pepper spray into the cell, causing the inmate to gasp for air.

The video showed that as the inmate screamed for help, an officer ordered him to “turn around and cuff up.”

The inmate screamed back, “Open the door!”

When the inmate still wouldn’t “cuff up” the officers sprayed him again, repeatedly.

Later, the video showed guards rushing in and wrestling the inmate to the floor and into restraints.


IF INMATES DESIGNED A PRISON, WHAT WOULD IT LOOK LIKE?

In an innovative restorative justice program run out of one of San Francisco’s jails, men who are awaiting trial on violent crimes rethink their own lives and actions by rethinking what a prison could look like.

Lee Romney of the LA Times has this story, and it’s a good read. Here are a couple of clips to get you started:

All the students wore orange. And on this final day, their paper models were taking shape.

Architect Deanna VanBuren adjusted a piece of tracing paper over Anthony Pratt’s design, showing him how to mark the perimeter to show walls and windows, then urging him to use dots to indicate open spaces.

A towering, broad-chested man with full tattoos adorning both arms, Pratt, 29, was among those sketching out new visions: an airy room with a skylight to cure vitamin D deficiencies and a fountain with a cascading waterfall to represent resilience and adaptability. Privacy barriers for the shower and toilet. A healing center with lots of windows and, in the middle, a talking circle with a sun emblazoned in its center.

The spaces they were planning could be at a New Age retreat, but these were conceived by inmates at San Francisco’s County Jail No. 5.

Most inmates on this 48-man jail pod are awaiting trial on violent crimes. All must agree to participate in a program called “Resolve to Stop the Violence,” which involves concepts of restorative justice, an alternative to traditional criminal justice that focuses on healing victims and offenders alike. This day’s class allowed them to explore their feelings about the system that landed them here and how its physical contours might be altered…..

[BIG SNIP]

Restorative justice concepts were first promoted in the 1970s by global practitioner and theorist Howard Zehr, now a professor at Eastern Mennonite University’s Center for Justice and Peacebuilding. The goal was to make the needs of victims central, and by doing so effect broader healing for all, communities included.

Critics of restorative justice contend the process is too subjective and could lead to proposed remedies that are wildly disparate. As a result, some victim organizations and hard-line prosecutors reject it.

But the practice has nonetheless spread globally and throughout the U.S. as a body of evidence grows showing it helps reduce school expulsions, keep youths out of the criminal justice system and prevent youths and adults who have already been sentenced from re-offending.

The conversation has now turned to space.


NOTE: The video at the top was recorded by reporter Mustafa Hussein of Argus media,who was live streaming from Sunday’s protest when a Ferguson police officer allegedly pointed a weapon at him and threatened to shoot him if he didn’t turn off his camera light. Hussein is a graduate student at the University of Missouri – St. Louis.

Posted in Civil Liberties, Civil Rights, juvenile justice, LAPD, law enforcement, media, prison, prison policy, PTSD, Restorative Justice, Trauma | 5 Comments »

More on Unarmed Man Shot by LAPD….Family of Compton Man Beaten by LASD Protests….Study: Effects of Cops With Personal Cameras…..Smart Trauma-Informed Re-entry Program for Women

August 14th, 2014 by Celeste Fremon


TWO DISTURBING FATAL SHOOTINGS

It has been a bad week for the shooting of unarmed young black men.

First there is the case of Michael Brown in Missouri.

While eyewitnesses are notoriously unreliable, the friend of 18-year-old Brown’s, who was with him this past Saturday when he was fatally shot, has told MSNBC a disturbing account of what he observed prior to the seeing the Ferguson, MO, police officer fire first one, then another, then multiple shots into his unarmed fleeing friend.

Now there is the shooting by an LAPD officer of unarmed Ezell Ford on Monday in South Los Angeles. Ford, a reportedly mentally challenged 26-year-old tackled an officer and grabbed for his gun, after being stopped for an “investigative stop” according to the LAPD. That may very well be the way it happened. But, as with the Brown case, eyewitnesses have started to challenge the police account.

In the case of Ford, an eyewitness told Huffington Post staff reporter, Matt Ferner,

Here’s a clip:

An eyewitness to the killing of Ezell Ford told The Huffington Post on Wednesday that he heard an officer with the Los Angeles Police Department shout “shoot him” before three bullets were unloaded into the unarmed, 25-year-old black man, who was on the ground.

“It is unknown if the suspect has any gang affiliations,” the LAPD said in a statement after the killing.

But people in Ford’s neighborhood said the young man was not remotely involved in gang activity. Leroy Hill said he was an eyewitness to the shooting Monday night, and confirmed that he heard three shots.

“He wasn’t a gang banger at all,” Hill said. “I was sitting across the street when it happened. So as he was walking down the street, the police approached him, whatever was said I couldn’t hear it, but the cops jumped out of the car and rushed him over here into this corner. They had him in the corner and were beating him, busted him up, for what reason I don’t know he didn’t do nothing. The next thing I know I hear a ‘pow!’ while he’s on the ground. They got the knee on him. And then I hear another ‘pow!’ No hesitation. And then I hear another ‘pow!’ Three times.”

At one point while the police had Ford on the ground, but before the shooting took place, Hill said, he heard an officer yell, “Shoot him.

The LA Times reports that another witness also has offered an account of Ford’s shooting that differs from that of the LAPD.

According to Mother Jones Magazine, Ford’s death brings the total of unarmed black men who died at the hands of police under disputed circumstances in the last month to four.


AND ON WEDNESDAY A PRESS CONFERENCE REGARDING ANOTHER CONTROVERSIAL CONFRONTATION BETWEEN THE POLICE AND A YOUNG BLACK MAN, THIS ONE NON-FATAL

On Wednesday, the family members and attorneys for a skinny 29-year-old schizophrenic man, Barry Montgomery, along with representatives from the Compton NAACP held a press conference in front of the Compton Police Station, to protest the non-fatal beating of Montgomery by sheriff’s deputies last month on July 14, resulting in multiple broken bones and possible permanent injuries.

KPCC’s Rina Palta has that story. Here’s a clip:

Barry Montgomery is a skinny, “docile,” 29-year-old man who’s been diagnosed with schizophrenia, according to his attorneys. He was shooting baskets at Enterprise Park on the evening of July 14–something he does every evening.

Sheriff’s deputies approached Montgomery, according to the sheriff’s department’s account, because they smelled marijuana. According to the official report, Montgomery “became verbally confrontational and subsequently attempted to punch one of the deputies. The deputies then struggled with the suspect and took him into custody.”

He was taken to a hospital after for unspecified injuries.

The family’s attorney, Martin Kaufman said at least 20 deputies were involved.

The sheriff’s department said three deputies were involved–and all have been reassigned to office/administrative duties while an internal affairs investigation examines the incident. Max Huntsman, the newly appointed Inspector General is aware of the allegations and could potentially review the investigation, when his authority takes effect next month.

Montgomery’s family members and attorneys said he came out of the incident with cracked ribs, fractures in his eye sockets, and rips in the skin of his back–allegedly from Tasers


NEW REPORT SAYS THAT, YES, POLICE OFFICERS WEARING PERSONAL CAMERAS DOES HELP BOTH THE PUBLIC AND THE OFFICERS WHO WEAR THE CAMERAS BUT THAT MORE RESEARCH IS NEEDED TO ISOLATE EXACTLY WHY THEY HELP.


A new report by Michael D. White, PhD for the Office of Justice Programs of the U.S Department of Justice
shows that, while there’s not nearly enough research on the effects of body worn cameras on law enforcement officers, the results that we have from five studies (conducted in Rialto CA, Phoenix, AZ, Mesa, AZ, and two sites in Britain) show that the advent of body cameras produced fewer reports of use of force, fewer citizen complaints, and fewer attacks by citizens on officers. That’s the very good news.

The bad news, if you can call it that, is the fact that it’s not clear what’s causing those lowered numbers. In other words, we’re not sure why the officers and citizens seem to behave better in the presence of cameras. (Well, duh! Perhaps people are more afraid of being caught if they behave badly or report falsely!)

In any case, while we wait for more sophisticated sudies with further controls, if the stats show that that results are better, that’s an excellent step forward and we’re cheered.

By the way, the studies also show that officers have less paperwork to complete when they wear cameras, also a good thing.

You’ll find more details here with the study itself.

NOTE: The LAPD tested body cams earlier this year and they are reportedly still under discussion.


SOLANO WOMEN GRADUATE FROM PRISON INTO A NEW LIFE WITH THE AID OF “TRAUMA INFORMED” RE-ENTRY PROGRAM

Solano County just graduated a group of women from its Women’s Reentry Achievement Program-–or WRAP

The program came about in 2010 as a result of the grant from the DOJ through the Second Chance Act, which was signed into law in 2008 in response to the need to reduce recidivism and promote safe and healthy families and communities.

In Solano, WRAP was done as a smart partnership between county agencies, state agencies and advocates, which included Solano County Health & Social Services, the County Sheriff’s Office, Probation, plus other partners like the state’s Adult Parole Operations.

Melissa Murphy writing for the Vacaville Reporter has more on the program and its most recent group of graduates.

Here’s a clip:

“I am accepting the new me.”

“The new me is not scared or afraid of taking on new challenges,” said Ashland Timberlake, 25, after graduating form Solano County’s Women’s Re-entry Achievement Program.

It was an emotional day for Timberlake as she accepted her certificate and wish from case managers Pat Nicodemus and Patty Ayala. While she has accomplished a lot, she was also reminded that her mother, who passed away, was not there to see her accomplishment.

“I thank God and I appreciate the program that helped me change my life,” she said while she accepted her certificate.

Still, she’s moving forward and changing her life and stopping the cycle she’s been on since she was 18 years old going in and out of jail.

“It’s been about finding yourself, bettering yourself and healing,” she said and added that the next goal is to get her high school diploma.

WRAP is designed to help women while they are in jail and after they are released to deal with the trauma in their lives, avoid the obstacles that can lead to re-offending and help them make a successful transition back into society.

WRAP is a unique model that uses gender-based risk assessments and trauma-informed case management. It works as a partnership between Health and Social Services, the Sheriff’s Office, Probation Department, District Attorney’s Office of Family Violence Prevention, Public Defender, the Re-entry Council and community partners, including Mission Solano, to assist the women who have a moderate to high risk of returning to the system. The county received a grant to fund the program through 2015.

Shonna Tibbetts, 29, was on the verge of losing her daughter after being involved in an armed robbery. After surviving domestic violence, Tibbetts explained that her life spun out of control.

“I couldn’t handle it,” she said. “I started to use (drugs) and with that lifestyle comes other things.”

She said Nicodemus and Ayala advocated for her to be a part of WRAP, which changed her life. Thursday she was proud to be wearing a pink shirt and jeans instead of a jail jumpsuit with stripes.

Read the rest about the model program here.

Amy Maginnis-Honey also has a good story on the WRAP graduation for the Daily Republic.

Posted in Civil Liberties, Civil Rights, LAPD, law enforcement, Reentry, Rehabilitation, Trauma | 13 Comments »

2 Jurors Replaced at LASD Fed Trial…SCOTUS Clears Way for Conversion Therapy Ban….Booker & Smith Introduce Better Options for Kids Act

July 1st, 2014 by Celeste Fremon



REPLACEMENT OF 2 JURORS MEANS PATH TO VERDICT IN LASD TRIAL GETS LONGER

Jurors began deliberations last Tuesday on the obstruction of justice trial in which six members of the Los Angeles Sheriff’s Department are accused of deliberately getting in the way of a federal grand jury investigation into widespread brutality and corruption in the LA County jail system.

By Friday afternoon, attorneys and trial watchers speculated optimistically that the jury might have the end of its deliberations at least in sight, and thus could possibly produce a verdict some time Monday.

Then Monday rolled around and all optimism vanished when two jurors were replaced alternates.

The first juror, a woman, was replaced Monday morning after she sent the judge a note resulting in a series of lengthy sidebars between Judge Percy Anderson and the two groups of attorneys involved, the prosecution and the defense.

Although Anderson sealed the content of the note, the reason that the juror needed or wanted to be replaced appeared to be something singular enough that it required animated discussion on the part of judge and lawyers prior Anderson making a final decision on the matter. Hence the sidebars.

Finally at 9:45 a.m., Anderson called the remaining eleven jurors back in and announced to them that an alternate was to replace one of their number. This meant, he explained, that they were now a brand new jury and must begin deliberating all over again as if their previous deliberations had never occurred.

The eleven who’d been at this for more than four days did not look thrilled at this “start your deliberations anew” set of instructions, but they filed out dutifully.

After about a half hour of deliberations the “new” jury sent a note to Anderson wanting to know if they could change their lunch location, which seemed to suggest that they had not yet gotten into any kind of deliberative stride.

Then at 12:30 or so, yet another note. This time from a second juror (also a woman) who, because of some kind of emergent personal situation, needed to be excused permanently right away. The juror appeared to be controlling distress and Judge Anderson excused her without much fuss after thanking her formally but warmly, for her time and service.

In came the rest of the jury members who were, again, told that one of their group was being replaced. This time the alternate juror was a man, disrupting the previous six-six split of males to females on the panel.

The jury was informed that it was now a new new jury, and thus must again “start your deliberations anew…” and so on.

If the panel members looked uncheery before, at this second set of instructions to totally reboot they looked visibly grim. Yet, they also still looked, for the most part, reasonably willing and determined.

With the exception of one last jury note that had something to do with a juror whose boss was getting irritated that he or she had been out so long, the rest of the afternoon was uneventful….

….and without a verdict.


U.S. SUPREME COURT SAYS NO TO HEARING APPEAL OF CALIFORNIA LAW BANNING GAY CONVERSION THERAPY

California’s first-of-its-kind law banning “reparative therapies,” which are designed to turn gay kids straight, was passed by the state legislature and signed into law by governor Jerry Brown in fall 2012, but it has yet to take effect because of court challenges by those opposed to the statute.

In August 2013, the 9th Circuit ruled that the practice, which is not supported by the scientific mainstream and has been shown to be damaging to youth, often producing depression and suicidality, was not protected by the First Amendment nor could it be challenged on religious grounds.

The law’s opponents then tried the Supreme Court, which on Monday refused to hear the challenge, thus opening the path for the important ban to finally take effect.

Lisa Leff of the Associated Press has the story Here’s a clip:

The U.S. Supreme Court cleared the way Monday for enforcement of a first-of-its-kind California law that bars psychological counseling aimed at turning gay minors straight.

The justices turned aside a legal challenge brought by supporters of so-called conversion or reparative therapy. Without comment, they let stand an August 2013 appeals court ruling that said the ban covered professional activities that are within the state’s authority to regulate and doesn’t violate the free speech rights of licensed counselors and patients seeking treatment.

The 9th U.S. Circuit Court of Appeals ruled last year that California lawmakers properly showed that therapies designed to change sexual orientation for those under the age of 18 were outside the scientific mainstream and have been disavowed by most major medical groups as unproven and potentially dangerous.

“The Supreme Court has cement shut any possible opening to allow further psychological child abuse in California,” state Sen. Ted Lieu, the law’s sponsor, said Monday. “The Court’s refusal to accept the appeal of extreme ideological therapists who practice the quackery of gay conversion therapy is a victory for child welfare, science and basic humane principles.”


SENATORS COREY BOOKER & CHRIS MURPHY INTRODUCE BILL TO INCENTIVIZE STATES TOWARD BETTER YOUTH JUSTICE POLICIES USING EXISTING FEDERAL $$$

Last week, U.S. Senators Chris Murphy (D-Conn.) and Cory Booker (D-N.J.) introduced something called the Better Options for Kids Act, a bill designed to “incentivize states to replace overly harsh school disciplinary actions and juvenile court punishment with bipartisan, evidence-based solutions that save money, enhance public safety, and improve youth outcomes.”

Interestingly, the bill uses existing funding streams to reward states that adopt policies that replace a purely punitive approach with those that improve youth outcomes. As examples, the bill lists:

Limiting court referrals for school-based non-criminal status offenses (truancy, curfew violations, et al)

Incentivizing school district to have clear guidelines regarding the arrest powers of school resource officers on school grounds

Providing training or funds training for school districts to use non-exclusionary discipline. (NOTE: “Exclusionary discipline” means suspensions, expulsions, and other disciplinary practices that keep students out of the classroom.)

Shifting funding formerly dedicated to secure detention for minors into community-based alternatives for incarceration

Adopting a reentry policy for youth leaving correctional facilities that ensures educational continuity and success.

“This bill represents a serious leap forward in the fight to dismantle the school-to-prison pipeline, and to build a smarter, more effective, and more compassionate juvenile justice system” said Cory Booker in a statement announcing the bill’s introduction.

Murphy also stated strong sentiments. “When we lock up a child, not only are we wasting millions of taxpayer dollars, we’re setting him or her up for failure in the long run,” he said. “We need to quit being so irresponsible and facilitate better outcomes for youth.”

After he was elected U.S. Senator, former Newark New Jersey mayor Booker promised to make juvenile justice reform one of his top priorities. The Better Options for Kids Act looks like a promising step in that direction.

We’ll keep an eye on the bill’s progress.

Posted in Civil Liberties, FBI, jail, juvenile justice, LA County Jail, LASD, LGBT, School to Prison Pipeline, Youth at Risk, Zero Tolerance and School Discipline | 15 Comments »

When the LASD Spied on the City of Compton—and Forgot to Tell Anybody

April 22nd, 2014 by Celeste Fremon

Earlier this month, The Center for Investigative Reporting and KQED ran a jointly produced story about the future of high tech surveillance. As the story’s centerpiece, the reporters focused on a 2012 program of aerial surveillance that the Los Angeles Sheriff’s Department operated for nine days in the city of Compton.

Here’s the opening clip from the story produced G.W. Schultz and Amanda Pike:

When sheriff’s deputies here noticed a burst of necklace snatchings from women walking through town, they turned to an unlikely source to help solve the crimes: a retired Air Force veteran named Ross McNutt.

McNutt and his Ohio-based company, Persistent Surveillance Systems, persuaded the Los Angeles County Sheriff’s Department to use his surveillance technology to monitor Compton’s streets from the air and track suspects from the moment the snatching occurred.

The system, known as wide-area surveillance, is something of a time machine – the entire city is filmed and recorded in real time. Imagine Google Earth with a rewind button and the ability to play back the movement of cars and people as they scurry about the city.

“We literally watched all of Compton during the time that we were flying, so we could zoom in anywhere within the city of Compton and follow cars and see people,” McNutt said. “Our goal was to basically jump to where reported crimes occurred and see what information we could generate that would help investigators solve the crimes.”

So did the people of Compton know about this eye in the sky?

Uh, no. As it turns out they didn’t. At least not when it was going on. Here’s what Sergeant Doug Iketani, who supervised the project, told KQED.

The system was kind of kept confidential from everybody in the public,” Iketani said. “A lot of people do have a problem with the eye in the sky, the Big Brother, so in order to mitigate any of those kinds of complaints, we basically kept it pretty hush-hush.”

The CIR/KQED report of a “hush-hush” surveillance program in LA County sparked a rash of stories in which people—–some of them Compton residents—–expressed their distinct displeasure at the whole notion.

For example there were stories in CBS Los Angeles….Reason Magazine.The Atlantic….and TechDirt.…among others.

Finally, on Tuesday afternoon of this week, the LASD put out a press release, saying that in the end the department decided not to use the system past its nine day experiment. According to the release, the main reason for nixing the surveillance system had to do with the fact that the images it produced weren’t high resolution enough for the watchers to be able to ID law breakers. In fact, it turned out it was also difficult to tell autos apart.

So nobody needs to get all upset, the release implied, although not in so many words.

“Hawkeye II Wide Area Airborne Surveillance System” was simply a system tested and evaluated as an option which would supplement cameras already deployed in the city of Compton. No notification to the residents was made because this system was being tested in a city where cameras were already deployed and the system was only being evaluated. Additionally, the limitation of the system would not allow for the identification of persons or vehicles. The system’s lack of resolution in no way compromised the identity of any individual. The recordings reviewed by Department personnel were found to have no investigative value as discernable detail of gender, race, hair color or any other identifiable feature could not be made.

The Sheriff’s Department utilizes several forms of technology as a tool to provide communities and citizens of Los Angeles County with a safer environment and better quality of life. The Department has used aerial surveillance in the form of helicopters since the 1950’s; beginning with Sky Knight, a program still in use today. The Department is committed to taking advantage of new technology to assist Deputies in the field and improve the service to the communities we serve.

Don’t get us wrong. We too want our law enforcement to be vigorously up to date on the latest technology for keeping our communities safe. But when it comes to strategies that could affect our rights and our privacy, we’d strongly prefer that they let us know what they were doing—before they actually do it.

Posted in Civil Liberties, crime and punishment, LASD | No Comments »

ABC 7 to Report Sheriff Baca Acts as Pitchman for Health Supplement Company….and More

September 30th, 2013 by Celeste Fremon



According to an upcoming report on ABC 7 (appearing Monday at 11 pm) Sheriff Lee Baca has been acting as a pitchman
for a health supplement company called Yor Health.

(NOTE: The videos that were posted here and here, suddenly vanished during the day on Monday after this story ran, and more reporters began inquiring. They showed Baca as a keynote speaker addressing thousands of Yor Life devotees and sales people at the company’s 2010 annual conference. ABC 7 also reports on Baca’s most recent go round at the company’s September 2013 sales conference earlier this month. Videos from that conference, that had been posted on Yor Health’s site, have also been blocked from public view.)

We understand that ABC 7 has been digging deeply into various aspects of the sheriff’s pitchman activities at Yor Health,—including the question of what if any financial arrangements may have been made in return for Baca’s hawking of the company’s products.

We suspect that the report will also look into the ethics of an elected official pitching for a profit making concern such as Yor Health.

We’ll link to the network’s online report after the segment with Marc Brown airs.

In the meantime, it is interesting to note that the Yor Life sales strategy is described by its founder Dennis Wong as “network marketing.”

Yet, according to other reports, like this one by Bradley Cooper for the NY Sun, Wong has displayed a liking for multilevel marketing and that, around ten years ago, Wong was charged by the Federal Trade Commission for allegedly engaging in an illegal pyramid scheme. Wong and his partner settled with the FTC, and the settlement, among other strictures, “bars them from participating in any prohibited marketing scheme, including any business that operates as a pyramid scheme.”

While we’ve seen no indication that Wong and Yor Life’s business strategy is in any way illegal, complaints about the company’s multi-level marketing efforts have surfaced on various sites the web (such as this one and this one).

In any case, be sure to tune in at 11 pm for ABC 7′s full story on Sheriff Lee Baca as pitchman.


UPDATE: Here’s a link to the broadcast, for those who didn’t get a chance to see it. Plus we have a fuller rundown in WLA’s Monday post by Taylor Walker.


ONE MILLION ELEMENTARY SCHOOL KIDS ABSENT EACH YEAR IN CALIFORNIA SAYS CA AG

In an alarming report released Monday by California Attorney General, Kamala Harris outlines a truancy crisis that is costing the state a fortune in funding, and creating a damaging achievement gap for many of the state’s children.

The AP’s Robert Jablon has more on the story. Here’s a clip:

California must act to reduce rampant truancy that saw an estimated 1 million elementary students absent in the last school year and may cost the state billions of dollars through increased crime and poverty, according to a study released Monday by the state attorney general’s office.

“The empty desks in our public elementary school classrooms come at a great cost to California,” the report said.

The report, scheduled for release at an anti-truancy symposium in Los Angeles, said children have unexcused absences from school for a number of reasons, including family issues, neighborhood safety concerns and bullying. It called for a sweeping battle against absenteeism that brings together parents, educators, lawmakers, law enforcement and community groups.

“The findings are stark. We are failing our children,” the report’s executive summary concluded….


LA’S CITY ATTORNEY GOES AHEAD WITH ECHO PARK GANG INJUNCTION

There has been strong advocacy pro and con about the new gang injunction in Echo Park that has just received court approval.

The LA Times Hailey Branson-Potts has more on the story. Here’s a clip:

A Los Angeles County court last week granted a permanent injunction against six gangs in Echo Park and its surrounding neighborhoods, according to the city attorney’s office.

The injunction prohibits known members of the gangs from associating with each other in public, possessing firearms or narcotics, or possessing alcohol in public, officials said. It also prohibits gang members from possessing aerosol paint containers, felt-tip markers and other items that can be used to apply graffiti.

The gangs named in the injunction are the Big Top Locos, Crazys, Diamond Street Locos, Echo Park Locos, Frogtowns and Head Hunters.

“We’ve got to be tough on violent gang activity, and gang injunctions such as this one … are an important step,” Los Angeles City Atty. Mike Feuer said in a statement.

The city has 45 other active gang injunctions, according to the Los Angeles Police Department. The city’s lawyers filed the Echo Park injunction in June. It creates a 3.8-square-mile “safety zone” in Echo Park, Elysian Valley, Historic Filipinotown and portions of Silver Lake, court documents say.

The injunction — a civil suit that seeks a court ruling declaring a gang a public nuisance — also includes Echo Park Lake and Dodger Stadium


AND MORE ON THE STATE’S PRISON OVERCROWDING CRISIS

We didn’t want you to miss the LA Times editorial on the latest wrinkle in the state’s prison overcrowding crisis and what to do about it. Here’s a clip:

The three federal judges who have ordered California to dramatically reduce its prison population have now pushed back their deadline by 30 days. The delay is both less and more than it seems.

It’s less, because it’s nothing close to the three extra years that Gov. Jerry Brown said he would need to reduce overcrowding and to keep the number of inmates capped. Instead of facing a Dec. 31 compliance date, the governor and the Department of Corrections and Rehabilitation now have until late January. That’s not enough time to reduce crowding by attrition, or even by assigning newly convicted felons to leased cells in and outside of California.

But it’s also more, or at least it could be. It’s a signal from the judges that they believe, perhaps for the first time since the reduction order was handed down four years ago, that California may be ready to devote considerable thought and resources to reducing the flow of felons into the system….

We agree. And may we step up to the plate.

Posted in CDCR, City Attorney, Civil Liberties, Edmund G. Brown, Jr. (Jerry), Education, Gangs, LASD, prison, prison policy, Sheriff Lee Baca | 19 Comments »

Why Do Kids Falsely Confess to Crimes?…LAPD Union Likes Body Camera Idea (With Caveats)….And It’s Banned Books Week Again

September 24th, 2013 by Celeste Fremon



We know that a significant percentage of those who are falsely convicted—and later exonerated-
–have been convicted largely because they confessed to crimes they did not commit.

It turns out, however, that kids are far more likely to falsely confess than adults, according to a new database of more than 1,100 exonerations that have occurred over the last 25 years.

In a story for the Juvenile Justice Exchange, Gary Gately asked a bunch of experts why this is so?

Here’s a clip from Gately’s report:

The National Registry of Exonerations, put together by the Northwestern University Law School and the University of Michigan Law School, showed 38 percent of youths who were convicted and later cleared had given false confessions, compared with 11 percent of adults.

Experts note juveniles’ brains aren’t fully developed and that teens tend to be impulsive and less mature than adults. Juveniles often don’t weigh long-term consequences of their actions and can be more easily intimidated than adults, and teens have typically been taught to respect authority figures like police officers.

Samuel R. Gross, a professor at the University of Michigan’s Law School and editor of the National Registry of Exonerations, pointed out there’s a high proportion of false confessions among juveniles and suspects with mental disabilities, for some of the same reasons.

“These are people who are easier to mislead [than adults], easier to manipulate, more trusting, more likely to be afraid, more likely to be confused, more likely to not understand what’s going on, and we see that repeatedly in the descriptions people give after the fact of why they falsely confess,” Gross told JJIE.


LAPD UNION LIKES MOVE BY NEW COMMISSION PREZ TO GET BODY CAMERAS BUT URGES WISE USE OF THEM

Monday, the LAPPL—the LAPD’s union—put out a statement regarding the fast track move by new police commission head, Steve Soberoff, to get body cameras for the department’s officers. In essence the union officials are very much in favor of the cameras, but urge wise protocols. (Indeed, like any tool, the cameras may be used well or poorly.)

Here’s a clip from their statement:

The Digital In-Car Camera System has proven to be another tool to improve officer safety and accountability, enhance training and improve prosecution of criminal cases. The review of videos by arresting officers has proven valuable in the documentation of criminal activity and subsequent testimony. However, concerns have been raised as to how the Department uses the videos for administrative purposes, and we are addressing those issues as they arise, so as not to allow “gotcha” mentality or misuse to derail the intended purpose. We believe that our officers have not only a duty to be accurate, but a right to be accurate. To that end, the review of video and/or audio evidence before writing reports, testifying, or submitting to interviews in not only important, but vital to that goal.

While video can be helpful, we should all remember that video images and/or recordings are two-dimensional and therefore are not by themselves complete investigations. The work rules for the deployment and use of body cams must assure our members that they not be used to unfairly or unreasonably scrutinize an officer’s work performance.


CELEBRATING BANNED BOOKS WEEK—BY READING AND CHEERING BANNED BOOKS

Banned Books Week has come around again. And a number of publications—- like Forbes….the LA Times….The Washington Times—are celebrating the week by calling attention to their favorite banned books.

This year, in addition to the perennial classics like Lolita and To Kill a Mockingbird, we find on the list The Kite Runner by Khaled Hosseini.

(Oh, book banning persons, you never cease to amaze!)


NOTE: I’m up in the state of Montana this week and much of next, so this is a shorter-than-usual post. More tomorrow.

Posted in Civil Liberties, Civil Rights, Innocence, juvenile justice, LAPD, writers and writing, Youth at Risk | No Comments »

The Legal Brain Behind the Hunger Strike….Perpetual Solitary…. Right on Crime….& More

July 29th, 2013 by Celeste Fremon


PORTRAIT OF CONVICTED KILLER TOD ASHKER, LEGAL BRAIN BEHIND CALIFORNIA’S PRISON HUNGER STRIKE

More credit to Paige St. John for her complex portrait of the inmate who is one of the prime movers behind Pelican Bay SHU’s “Short Corridor Collective,” the masterminds of the prison hunger strike that began on July 8.

Here’s how it opens:

Inside the concrete labyrinth of California’s highest-security prison, an inmate covered in neo-Nazi tattoos and locked in solitary confinement has spearheaded the largest prison protest in California history.

Convicted killer Todd Ashker and three other inmates — representing the Mexican Mafia, Nuestra Familia and the Black Guerrilla Family — called for a mass hunger strike July 8, largely to protest indefinite incarceration in solitary confinement.

More than 30,000 prisoners answered.

Though segregated from others, the leaders, who dub themselves the Short Corridor Collective, have kept the protest going, with more than 600 inmates still refusing food.

Among the four, Ashker is the most outspoken of the collective and the legal brains behind the strike.

Some prisoner-rights advocates describe the intense and sometimes volatile man as a brilliant champion for California’s 130,000 prisoners.


PERPETUAL SOLITARY

Michael Montgomery for the Center for Investigative Reporting and KQED has this excellent story on those stuck in solitary confinement for years based on surprisingly flimsy evidence.


A HUNGER STRIKER DIES BUT THERE’S CONTROVERSY OVER THE REASON

Steve Gorman of Reuters has the story taht, at this point, is loaded with controversy.

Here’s a clip:

Supporters of California prison inmates staging a prolonged hunger strike said on Saturday that one of the prisoners who had been refusing meals has died, but state corrections officials said the death was under investigation as a suicide.

The inmate, identified by mediators for protesting inmates as Billy Sell, died on Monday at the Corcoran State Prison in central California, where he was serving time in a “security housing unit” for prisoners held in solitary confinement, according to the Prisoner Hunger Strike Solidarity Coalition.

The group said in a statement that fellow inmates have reported that Sell was participating in the hunger strike, and that he had been requesting medical attention for several days before his death.


PRISON REFORM THE CONSERVATIVE WAY

An Op Ed by Pat Nolan and Chuck DeVore of the Right on Crime movement, in the LA Times, slams conservatives for trying to score “short-term political points by employing old scare tactics about the state’s prison ‘realignment’ plan,” instead of employing common sense and “successfully reforming prisons with conservative ideas.”

Here’s a clip, but read the whole thing. It’s far better than a single clip can capture.

Go, Right on Crime!

When liberals expand the reach and cost of government, we conservatives label them “knee-jerk.” However, conservatives have shown themselves to be enthusiastically knee-jerk in one area: criminal justice spending. For more than 40 years, conservatives have blindly supported a vast expansion of criminal laws and appropriated billions of dollars for new prisons to hold the inmates convicted under those laws.

Now, the weight of those costs is sinking California’s budget, siphoning off dollars that could go to schools, roads, hospitals or tax cuts. With the state’s expensive and troubled corrections system in crisis, there is a great opportunity to apply conservative principles — smaller, more effective government at lower cost to the taxpayers — to the prisons.

We are leaders in the national Right on Crime movement. We believe it’s no longer enough for conservatives just to be tough on crime; we also must be tough on criminal justice spending. That means getting the most public safety for the fewest taxpayer dollars. Conservatives must demand the same accountability from our correctional system that we require from other government programs…


RIGHTEOUS INVESTIGATION OF HIGH HANDED BEHAVIOR? OR POLITICAL VENDETTA?

In case you missed this latest, strange LASD story over the weekend. Robert Faturechi reports for the LA Times Take a look.

Posted in Civil Liberties, LASD, prison, prison policy, Sheriff Lee Baca, solitary | 1 Comment »

Cheating on LASD Sergeant’s Exams….27 Death Penalty Cases Reviewed for Errors…Hunger Strike Leaders Further Isolated

July 19th, 2013 by Celeste Fremon



On Thursday afternoon, Sheriff Lee Baca sent out a department wide email indicating that a few people may have attempted to cheat
on the LASD’s Sergeant’s exam, and that the matter is being investigated.

The announcement that the department is being proactive on such matters is, of course, very good news.

We would like, however, to respectfully suggest that the barn door is being shut a bit on the late side, since credible accounts of certain favored groups of people receiving copies of either lieutenants’ exams or sergeants’ exams have been circulating for the past few years and beyond.

And, of course, since December of 2011, WitnessLA has been reporting on Undersheriff Paul Tanaka’s influence on promotions with a system that often scooted “in-the-car” acolytes to the head of the promotion’s queue with all manner of not-by-the-books methods, thus rewarding a pernicious form of loyalty, (which often demonstrated itself with monetary campaign donations), over competence.

So, yes, a bit of investigating and cracking down might be in order, however belatedly.

Better late than never. May the exam cheating perps be apprehended, ASAP.

We await progress reports. In the meantime, here’s a copy of the Sheriff’s statement:

SHERIFF’S DEPARTMENT BROADCAST ANNOUNCEMENT
SHERIFF’S HEADQUARTERS BUREAU

TO: ALL CONCERNED PERSONNEL

SUBJECT: SERGEANTS EXAMINATION

REGRETTABLY, IT HAS BEEN BROUGHT TO THE DEPARTMENT’S ATTENTION THAT THERE
MAY HAVE BEEN SOME ISOLATED ATTEMPTS BY INDIVIDUALS TO GAIN AN UNFAIR
ADVANTAGE DURING THE WRITTEN EXAMINATION FOR SERGEANT WHICH WAS HELD ON
JULY 13, 2013. WE ARE TAKING THESE ALLEGATIONS VERY SERIOUSLY AND AN
INTERNAL AFFAIRS INVESTIGATION IS ALREADY WELL UNDERWAY. IT IS OUR INTENT
TO CONCLUDE THE INVESTIGATION AS QUICKLY AS POSSIBLE. IN THE MEANTIME,
THE REMAINING COMPONENTS FOR THE SERGEANT PROMOTIONAL EXAMINATION WILL
MOVE FORWARD AS PLANNED.

ANYONE WITH INFORMATION THAT MAY ASSIST IN THE EXPEDITIOUS CONCLUSION OF
THIS INVESTIGATION IS STRONGLY ENCOURAGED TO CONTACT SERGEANT DAVID BLY
AS SOON AS POSSIBLE. HIS DIRECT NUMBER IS (323) 890-5453.

LEROY D. BACA, SHERIFF


US REVIEWING 27 DEATH PENALTY CONVICTIONS FOR FAULTY FBI FORENSIC EVIDENCE

More than a year ago, the Washington Post wrote that US Justice Department officials has known for years that flawed FBI forensic work might have led to the convictions of potentially innocent people, but prosecutors failed to notify defendants or their attorneys even in many cases they knew were troubled.

As a consequence of these admissions, a federal review of old criminal cases was launched and, in its first round of preliminary investigations, it has uncovered as many as 27 death penalty convictions, “in which FBI forensic experts may have mistakenly linked defendants to crimes with exaggerated scientific testimony, U.S. officials said.”

According to the Washington Post, the review led to an 11th-hour stay of execution in Mississippi in May.

Spencer Hsu of the Post has more on this story. Here’s a clip:

It is not known how many of the cases involve errors, how many led to wrongful convictions or how many mistakes may now jeopardize valid convictions. Those questions will be explored as the review continues.

The discovery of the more than two dozen capital cases promises that the examination could become a factor in the debate over the death penalty. Some opponents have long held that the execution of a person confirmed to be innocent would crystallize doubts about capital punishment. But if DNA or other testing confirms all convictions, it would strengthen proponents’ arguments that the system works.

FBI officials discussed the review’s scope as they prepare to disclose its first results later this summer. The death row cases are among the first 120 convictions identified as potentially problematic among more than 21,700 FBI Laboratory files being examined. The review was announced last July by the FBI and the Justice Department, in consultation with the Innocence Project and the National Association of Criminal Defense Lawyers (NACDL).


PRISON HUNGER STRIKE LEADERS PUNISHED WITH MORE EXTREME ISOLATION

This week, the CDCR appears to have decided to deal with the hunger strike in California prisons, which was launched to protest conditions in the system’s isolation units, by putting 14 of the strike’s organizers into even more isolated units, in which they are reportedly prevented from seeing one of their attorneys.

The LA Times’ Paige St. John has the best account of the issue. Here are a couple of clips:

California prison officials have moved 14 inmate leaders of a hunger strike over solitary confinement conditions to more isolated quarters, cutting off their access to broadcast news and seizing some of their legal papers, according to one of their lawyers.

Another inmates’ lawyer was banned from all state prisons.

Wednesday was the 10th day of the statewide protest, with 2,327 inmates refusing their meals and 229 skipping their prison jobs and classes.

[SNIP]

Prison investigators took legal papers from some of the transferred inmates, said Anne Weills, an Oakland civil rights lawyer representing prisoners in a federal lawsuit over long-term solitary confinement. The documents included potential settlement terms that inmates had drawn up for a July 26 court appearance.

State officials confirmed that some protest leaders were moved but refused to identify the prison where they were located. All of the 14 strike leaders were signatories of protest-related documents, including a manifesto calling for unity among prison ethnic groups against the corrections system.


HAVE A GOOD WEEKEND, everyone. A pile of new stories coming next week.

Posted in CDCR, Civil Liberties, Death Penalty, Innocence, LASD, prison, prison policy, Sheriff Lee Baca | 59 Comments »

Trayvon Martin, George Zimmerman—and the Interweave of Fear, Heartbreak and Injustice that Haunts the Verdict’s Aftermath

July 15th, 2013 by Celeste Fremon


Since the not guilty verdict in the trial of George Zimmerman was announced just a few minutes
after 7 pm, Pacific Time on Saturday night, there is no shortage of opinions on what the verdict meant and did not mean.

Of all that we have seen and read since Saturday night’s announcement by the all-female jury, among the essays and analyses that we feel adds the most to the collective dialogue are the following:


it’s worth reading everything on the topic by writer Jeleni Cobb who covered the trial and its aftermath for the New Yorker.

Here’s a clip from his essay about Day 10 of the trial:

Amid their frustratingly uneven presentation, Assistant State Attorney Bernie de la Rionda and the rest of the prosecution have pegged their second-degree murder charges largely on the idea that Martin was losing the fight on February 26th of last year, that he shouted for help, and that Zimmerman, a vigilante would-be cop, shot and killed him anyway. In plotting their route to conviction, they necessarily bypass another set of questions. What if he wasn’t losing the fight? What if Zimmerman is the one who called for help? What if Martin did swing first? And, most crucially, is an unarmed black teen-ager ever entitled to stand his ground?

The answers to these questions have bearing that is more social than legal, but they’re inescapable in understanding how we got here in the first place and what this trial ultimately means.


Also good is this column by our usual go-to-guy from The Atlantic, Andrew Cohen. Here’s a clip from his take on the trial and the verdict, and the oceans of fears, heartbreak and knowledge of our still-tragically race-fractured nation that they triggered.

Of course the deadly meeting last year between Trayvon Martin and George Zimmerman had at its core a racial element. Of course its tragic result reminds us that the nation, in ways too many of our leaders refuse to acknowledge, is still riven by race. The story of Martin and Zimmerman is the story of crime and punishment in America, and of racial disparities in capital sentencing, and in marijuana prosecutions, and in countless other things. But it wasn’t Judge Debra Nelson’s job to conduct a seminar on race relations in 2013. It wasn’t her job to help America bridge its racial divide. It was her job to give Zimmerman a fair trial. And she did.

[LARGE SNIP]

Without a confession, without video proof, without a definitive eyewitness, without compelling scientific evidence, prosecutors needed to sell jurors cold on the idea of Zimmerman as the hunter and Martin as the hunted. But when the fated pair came together that night, in those fleeting moments before the fatal shot, the distinctions between predator and prey became jumbled. And prosecutors were never able to make it clear enough again to meet their burden of proof. That’s the story of this trial. That explains this result. That’s why some will believe to their own dying day that George Zimmerman has just gotten away with murder.


And finally there is Monday’s essay by the Atlantic’s Ta-Nehisi Coates. Below is a clip from the opening to get you started, but it demands a full reading:

In trying to assess the the killing of Trayvon Martin by George Zimmerman, two seemingly conflicted truths emerge for me. The first is that is that based on the case presented by the state, and based on Florida law, George Zimmerman should not have been convicted of second degree murder or manslaughter. The second is the killing of Trayvon Martin is a profound injustice. In examining the first conclusion, I think it’s important to take a very hard look at the qualifications allowed for aggressors by Florida’s self-defense statute:

Read the rest. It is painful. And essential.


PS: Oh, yes, and the most intelligent, insightful, literate rant on the verdict and its meaning comes from Charles Pierce, Esquire’s political columnist/blogger. (Charlie Pierce rants so the rest of us don’t have to.)


Demonstrators on the 10 freeway, Skipp Townsend of 2nd Call, July 14, 2013

Posted in Civil Liberties, Civil Rights, Community Health, Courts, crime and punishment, criminal justice, race, racial justice | 3 Comments »

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