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Homeboy’s New Digs, Appealing Compassionate Release Denials, Today’s Faces of Civil Rights…and More

March 9th, 2015 by Taylor Walker

HOMEBOY SPREADS INTO NEW BUILDING TO RAMP UP SERVICES FOR FORMER GANG MEMBERS

Homeboy Industries—the gang recovery program founded by Father Greg Boyle that, for over 25 years, has helped thousands of men and women find healthy alternatives to gang life—has bought a much-needed new building that will add 6,000 square feet of space in which to provide employment, job training, and other crucial services.

Homeboy’s financial situation is on the upswing after a drastic downsizing in 2010, but the program still only receives 2% of their budget from government money.

The LA Times’ Brittny Mejia has the story. Here are some clips:

The desperately needed new space will provide welcome relief and allow Homeboy to provide better services to existing clients, said Thomas Vozzo, Homeboy’s chief executive. In addition to job training and counseling, Homeboy provides mental health services as well as job placement, tattoo removal and educational services.

“With that steady financial footing we’ve been on over the last couple of years, it’s time to take on a little bit of an expansion,” Vozzo said.

For all the praise Homeboy Industries has received for its work, it has struggled to raise revenue. The recession saw private donations drop, and the number of jobs available for graduates of Homeboy’s various programs declined.

Boyle conceded that he had to think more like a businessman.

Homeboy’s board of directors has raised $10 million in each of the last two years through individual donors and foundations and has even managed to build up a reserve. Homeboy also has received a $600,000 line of credit and a $700,000 loan for the new building acquisition through Wells Fargo.

But the expansion doesn’t reduce the need for funds — the program receives less than 2% in government funding, Vozzo said. More space, for example, doesn’t necessarily translate into being able to serve more trainees.

“By getting that one building there, it’s not going to allow us to have more people in our program, it’s just going to allow us to do a better job of providing them services in a better environment,” Vozzo said.

Homeboy Industries is planning a grand opening for the new building in April, with the full facility occupied in May. The goal is to eventually take over a whole city block in Chinatown, where the organization can construct a larger building and provide more services to more people, Vozzo added.

For now, employees and volunteers are forced to get creative with space…


CALIFORNIA HIGH COURT SEZ INMATES CAN APPEAL WHEN THEY ARE DENIED COMPASSIONATE RELEASE

Late last week, the California Supreme Court unanimously ruled that state prisoners with terminal illnesses could appeal a judge’s decision to deny them compassionate release. The decision overturned a lower court decision that only the California Department of Corrections and Rehabilitation could appeal a denial of the state parole board’s recommendation of a prisoner for medical parole.

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

A few dozen inmates were recommended for a release annually between 1991 and 2009, according to statistics filed with the court by the prisoner advocacy group Justice Now. In an effort to ease prison overcrowding and cut costs, state lawmakers have made more incapacitated and ill inmates eligible for early release.

The ruling was made in the case of James Alden Loper, a San Diego man sentenced to six years in prison for insurance fraud in 2011. The next year, the California Department of Corrections and Rehabilitation recommended he be released because of health reasons, including incurable heart disease.

But a San Diego judge refused to let the agency release Loper after a prison doctor testified that it was unclear how long Loper had left to live…


FIFTY YEARS LATER, THE CIVIL RIGHTS ADVOCATES FIGHTING FOR EQUALITY STILL MISSING IN THE UNITED STATES

Here are three things out of the coverage of the 50th anniversary of the “Bloody Sunday” march for voting rights that we didn’t want you to miss…

The LA Times’ Matt Pearce and Kurtis Lee have a group of profiles on this era’s newly emerging civil rights leaders. The list includes Michelle Alexander, the author of the New Jim Crow, Susan Burton, founder of A New Way of Life, Patrisse Cullors of Dignity and Power Now (and #BlackLivesMatter), Bryan Stevenson, MacAurthur “Genius” and founder of the Equal Justice Initiative, and Fania Davis, founder of Restorative Justice for Oakland Youth, as well as heavy hitters in immigration reform and LGBTQ rights.

Here are clips from two of the profiles, but do go read the rest:

Patrisse Cullors
CO-FOUNDER OF #BLACKLIVESMATTER
AGE: 31
LOS ANGELES

A self-described “freedom fighter” and “wife of Harriet Tubman,” Cullors founded the group Dignity and Power Now in 2012 to battle for law enforcement reform in Los Angeles County. Cullors came up with the #BlackLivesMatter hashtag after George Zimmerman was found not guilty in 2013 of criminal charges for fatally shooting Trayvon Martin. The #BlackLivesMatter social media campaign she helped foster caught on in Ferguson, Mo., after the death of Michael Brown in 2014 at the hands of a police officer.

“This post-racial Obama era has sort of bamboozled a lot of us into thinking that we’ve come much further than we actually have,” Cullors told California Sunday recently, explaining the significance of the #BlackLivesMatter message. “Obviously we haven’t had enough both talk and practice around what it means to save black lives, because we keep dying. We need to stop being fearful of talking about ourselves.”

Bryan Stevenson
FOUNDER AND EXECUTIVE DIRECTOR, EQUAL JUSTICE INITIATIVE
AGE: 55
MONTGOMERY, ALA.

Stevenson belongs to a wave of civil rights advocates who focus on prison reform. A MacArthur “genius” grant winner and a Harvard Law School and Harvard Kennedy School of Government graduate, Stevenson and the Equal Justice Initiative represent death-row prisoners in the Deep South and advocate on behalf of young or poor prisoners. His 2012 TED talk in Long Beach, titled, “We Need to Talk About an Injustice,” has been watched more than 2 million times.

“We have a system of justice in this country that treats you much better if you’re rich and guilty than if you’re poor and innocent,” Stevenson said in the talk. “Wealth, not culpability, shapes outcomes. And yet, we seem to be very comfortable. The politics of fear and anger have made us believe that these are problems that are not our problems. We’ve been disconnected.”


WHY BLACK AMERICANS ARE AFRAID OF THE POLICE

Nikole Hannah-Jones has a thought-provoking essay in the March/April issue of Politico Magazine illustrating the rift between black Americans and white Americans on the subject of the cops who are supposed to “protect and serve,” but often instead stop-and-frisk, harass and detain, and even kill black Americans at highly disproportionate rates.

Here’s how it opens:

Last July 4, my family and I went to Long Island to celebrate the holiday with a friend and her family. After eating some barbecue, a group of us decided to take a walk along the ocean. The mood on the beach that day was festive. Music from a nearby party pulsed through the haze of sizzling meat. Lovers strolled hand in hand. Giggling children chased each other along the boardwalk.

Most of the foot traffic was heading in one direction, but then two teenage girls came toward us, moving stiffly against the flow, both of them looking nervously to their right. “He’s got a gun,” one of them said in a low voice.

I turned my gaze to follow theirs, and was clasping my 4-year-old daughter’s hand when a young man extended his arm and fired off multiple shots along the busy street running parallel to the boardwalk. Snatching my daughter up into my arms, I joined the throng of screaming revelers running away from the gunfire and toward the water.

The shots stopped as quickly as they had started. The man disappeared between some buildings. Chest heaving, hands shaking, I tried to calm my crying daughter, while my husband, friends and I all looked at one another in breathless disbelief. I turned to check on Hunter, a high school intern from Oregon who was staying with my family for a few weeks, but she was on the phone.

“Someone was just shooting on the beach,” she said, between gulps of air, to the person on the line.

Unable to imagine whom she would be calling at that moment, I asked her, somewhat indignantly, if she couldn’t have waited until we got to safety before calling her mom.

“No,” she said. “I am talking to the police.”

My friends and I locked eyes in stunned silence. Between the four adults, we hold six degrees. Three of us are journalists. And not one of us had thought to call the police. We had not even considered it.

We also are all black. And without realizing it, in that moment, each of us had made a set of calculations, an instantaneous weighing of the pros and cons.

As far as we could tell, no one had been hurt. The shooter was long gone, and we had seen the back of him for only a second or two. On the other hand, calling the police posed considerable risks. It carried the very real possibility of inviting disrespect, even physical harm. We had seen witnesses treated like suspects, and knew how quickly black people calling the police for help could wind up cuffed in the back of a squad car. Some of us knew of black professionals who’d had guns drawn on them for no reason.


CONGRESSMAN JOHN LEWIS TWEETS HIS PERSONAL EXPERIENCES AND PHOTOS OF BLOODY SUNDAY

By the way, Congressman John Lewis live-tweeted Bloody Sunday anniversary with his own memories and photos from the march. We highly recommend reading through them.

Posted in California Supreme Court, CDCR, Civil Rights, Homeboy Industries, law enforcement, racial justice | No Comments »

LA Deputy’s Suit Alleges Retaliation for Protesting Inmate Abuse…Fewer Inmates in CA and LA Facilities, Mock School Shootings…and Protecting Access to Justice Behind Bars

February 20th, 2015 by Taylor Walker

LASD DEPUTY SUES OVER ALLEGED RETALIATION FROM DEPUTIES, SUPERVISORS FOR REPORTING INMATE ABUSE IN JAILS

In a lawsuit filed Wednesday, Los Angeles County Sheriff’s Deputy Ronald Brock alleges department peers and superiors bullied, discriminated against, threatened, and then fired him for protesting inmate abuse in several LA County jails, including Men’s Central Jail and Twin Towers.

A great number of department members are mentioned in Brock’s complaint (a riveting 78 pages), including Sgt. Mark Renfrow, Lt. Mark Guerrero, as well as former Sheriff Lee Baca, ex- Undersheriff Paul Tanaka and Sgt. Kimberly Milroy.

My News LA posted this story from the City News Service. Here are some clips:

He alleges a “veiled threat” came from Lt. Mark Guerrero, who he says told him about how North Korean dictator Kim Jong-Un executed his uncle and the latter’s family members for being disloyal.

“Lt. Guerrero told plaintiff that if something happened to a person for reporting misconduct, LASD would not be responsible,” according to the Los Angeles Superior Court complaint filed Wednesday.

[SNIP]

The next month, Sgt. Mark Renfrow ordered Brock to fire a stun gun at an inmate who was not aggressive toward any deputy, the suit states.

“The bloodied and battered inmate was then handcuffed and taken away for medical attention,” according to the lawsuit.

Brock alleges he was told by Renfrow to falsify a statement in a report of the incident to state that the inmate was trying to punch a deputy, or else he would be determined to be insubordinate.

Brock “eventually relented to the incredible pressure and wrote in the report that the inmate was punching at (the deputy),” according to his court papers.

Brock says he later received a note from inmates stating they heard deputies saying they wanted to bring false allegations against him in retaliation for his complaints.


CA PRISONS AND LA JAILS SIGNIFICANTLY REDUCE OVERFLOWING INMATE POPULATIONS

Late last month, California’s prison population dropped below the 137.5% of capacity mandated by a panel of federal judges. The milestone was reached more than a year before the judges’ deadline. This important victory is made possible in large part by the passage of Propositions 36 and 47, but there is still potential for the population to swing back up if the state officials stop making significant strides toward easing overcrowding. (Refresher: 36 reformed the Three Strikes Law, and 47 downgraded certain low-level felonies to misdemeanors.) Since Prop 47′s passage in November, 2,035 California inmates have been freed.

California jails have also seen a substantial drop in inmate numbers, mostly thanks to Prop 47. Since November, Los Angeles County Jails have reduced the overall population by 3,200 inmates. San Diego achieved a 900 inmate reduction.

Jessica Eaglin, Counsel for the Brennan Center for Justice at NYU, has more on the numbers’ significance and why neither state nor LA County are out of the woods, yet. Here’s a clip:

This is the first time that the state’s prison population reached this level since 1994. The decline is a direct result of Proposition 36 and Proposition 47. Since Proposition 47 took effect, 2,035 inmates have been released from prison. 1,975 inmates have been released since Proposition 36 took effect.

California jails, too, have experienced reductions in their jail populations in recent months. Initially, Realignment facilitated shifting inmates from prison to county jails. The recent sentencing reforms – particularly Proposition 47 – changed this landscape. Los Angeles County, with the largest jail system in the country, saw its jail population decline by 17%, or 3,200 inmates, since November 2014. The San Diego County jail population, too, declined by 900 inmates. This is a critical development towards reducing overall incarceration in the state beyond simple compliance with the federal mandate.

California still has a long way to go to successfully get its incarcerated population under control. The state continues to send almost 9,000 prisoners out of state in order to comply with the court’s mandate. California increasingly relies on private and public facilities – including by sending 2,000 prisoners to a private facility in the state. The state will spend $12 billion on incarceration this year while trying to accommodate the court’s federal order. Moreover, CDCR’s numbers represent weekly snapshots. It may be that next week the number spikes above the threshold again. On the jails side, the population may creep back up as inmates previously being released early due to overcrowding are now serving as much as 100 percent of their sentences.


STAGING SCARY FAKE SCHOOL SHOOTINGS TO TRAIN KIDS ON WHAT TO DO DURING A REAL SCHOOL MASSACRE

A growing number of law enforcement agencies and schools across the nation are performing “active shooter” drills during school hours to prepare kids for real school shootings. Schools have even carried out these exercises, entirely unannounced to students. In a Florida middle school last November, students believed the cops barreling down their halls with fake guns were real shooters, and sent frantic text messages to their parents.

While most agree that lockdown drills are vital to ensure kids know what to do when there is a human threat on campus, experts say the gunman drills, particularly the unannounced kinds, can traumatize kids. But surprise drill advocates say kids do not take scheduled disaster exercises seriously, and that they do not learn from them.

Kids at a junior high in Bakersfield responded similarly to a surprise active shooter drill in November. And here’s what happened in Harlem.

The LA County Sheriff’s Department has performed similar drills at Topanga Elementary, but only to prepare teachers and staff. Students were not involuntarily involved.

Angela Almeida, who has personally participated in a mock school shooting, explores both sides of this issue in an excellent story for the Atlantic. Here are some clips:

Forget what you’ve learned about fake blood and Airsoft props on-site—in these schools, the word “drill” is a frightening misnomer; neither students nor faculty are given any advanced notice of them.

Last November, a middle school in Florida made headlines after students believed an unannounced drill, in which two gunmen barreled down the school’s hallway with a pistol and AR-15, was real. Turns out the shooters were local police officers yelling, “This is a drill!”—but that didn’t stop many students from texting their parents hysterically, telling them they feared for their lives.

[SNIP]

I asked Joseph LeDoux, a highly-regarded neuroscientist at New York University, what might be the most useful strategy for teaching students to act. While it is possible to change how humans instinctually freeze, LeDoux explained, the most effective route for learning may also be the most traumatic. “The introduction of surprise is probably a very useful tactic, because it means the brain has to learn each time students go through the drill,” he said. “When your expectations are violated, then there’s novel information and that’s where you learn. If there’s no violation of expectation, no learning takes place.”

Put simply, if humans know a drill is coming, it’s unlikely they’ll learn much from it. However, while scaring students senseless might make them more equipped to handle an emergency, LeDoux added, the degree to which people are affected by the trauma, in real life or in a simulation, depends upon their preexisting conditions. Everyone reacts differently to trauma.

For individuals struggling to recover from Post-Traumatic Stress Disorder, or PTSD, for example, reliving memories of high stress and fear can trigger unwelcome flashbacks. As a result, students who fit into this category run the risk of re-experiencing symptoms when confronted with simulation drills firsthand. School psychologists argue that the cost of unearthing terrible memories outweighs the potential benefit of these practices—not to mention the rare chance that someone in the school is carrying a concealed weapon and decides to act defensively. A drill to prepare for tragedy could turn into a tragedy itself.

Bonus: watch what Stephen Colbert has to say about Florida’s surprise drill.


SCOTUS TO HEAR CASE REGARDING INMATES’ RESTRICTED ABILITY TO SUE OVER PRISON CONDITIONS

Alliance for Justice has released a new report spotlighting an important case the US Supreme Court will hear next week. Inmates must overcome huge barriers to sue over conditions behind bars. The biggest roadblock is the Prison Litigation Reform Act (PLRA). The PRLA was intended to weed out petty lawsuits, but has succeeded in barring inmates from justice who have serious grievances about inhumane treatment behind bars, according to the Alliance for Justice report.

The case challenges the PRLA’s three-strikes provision restricting the number of civil lawsuits an inmate can file before the $400 filing fee—a colossal sum for inmates working for pennies per hour—will no longer be waived. Interpretations of the provision vary, and can mean that inmates can run out of waivers for a number of reasons, when their cases are dismissed, due to technicalities, timing issues, and more.

Here are some clips from the report:

Recent court decisions have expanded congressional restrictions on the right of inmates to access the courts. Today, inmates are losing more cases, winning fewer settlements, and going to trial less often than any time in the past two decades. Yet, civil lawsuits are often the only way to hold prisons accountable for violence, overcrowding, and medical neglect.

And as with all burdens in the criminal justice system, these developments disproportionately burden people of color, particularly African Americans and Hispanics. Fifty-eight percent of all inmates in 2008 were African American or Hispanic, despite these groups only making up 25 percent of the general public. Recent events have shown how difficult it can be for members of these groups to find justice in all walks of life, but nowhere is it as difficult as in a prison.

This report details the ways courts have expanded nearly every element of the so-called “three-strikes” rule of the Prison Litigation Reform Act to keep inmates out of courts, in ways Congress never intended. Later this year, the Supreme Court will decide Coleman-Bey v. Tollefson, and with it, the future of inmate justice. AFJ calls on the Supreme Court to restore the right of all Americans to petition their courts. Access to justice is far too important an American value to take away from one of our country’s most vulnerable populations.

[SNIP]

On February 23, 2015, the Supreme Court will hear oral argument in Coleman-Bey v. Tollefson. Andre Lee Coleman-Bey is an inmate in Michigan who brought a lawsuit against prison officials for interfering with his access to the courts. Coleman-Bey had brought two previous civil cases that were dismissed. He then brought a third case, which was dismissed by the trial court, and he appealed. That appeal is still pending. When Coleman-Bey brought his fourth and most recent suit, the district judge ruled that the three previous cases were strikes, and that he could not have his filing fees waived. The Supreme Court is reviewing the case to decide whether a district court’s dismissal of a lawsuit can count as a strike—and effectively prevent an inmate from filing any more lawsuits—when it is still being appealed.

This case highlights a much greater trend of lower courts expanding the PLRA to hand out strikes based on technical errors, poor timing, and reasonable arguments that end up losing. Even inmates with law degrees, not just the “frequent filers” the PLRA was supposed to target, could now find themselves locked out of our civil justice system.

Congress enacted the PLRA to “reduce the quantity and improve the quality of prisoner suits,” yet the claims of unbounded frivolous prison litigation that sparked its passage do not match reality. Inmates file roughly half as many lawsuits per capita as the general public, but are successful at a similar rate.

Even as pro se litigants bringing cases without lawyers, inmates have been successful in bringing and winning cases in the United States Supreme Court. And litigation has brought reform to prisons that desperately need it. Recent lawsuits have successfully improved inmate medical care, reduced violence and overcrowding, and reformed prison use of solitary confinement.

Posted in Civil Rights, LA County Jail, LASD, Supreme Court, Trauma | 44 Comments »

LA County Supes Say YES to Civilian Commission to Oversee Sheriff’s Department (Updated)…Convictions That Aren’t…Racial Inequity….Bad School Data…& Torture

December 10th, 2014 by Celeste Fremon


With a 3-2 vote, the LA County Board of Supervisors passed the motion introduced by Supervisors Mark Ridley-Thomas and Hilda Solis
to create a civilian commission to oversee the Los Angeles Sheriff’s Department. Supervisor Sheila Kuehl was the third, and very emphatic vote in favor of the oversight commission’s creation.

Ridley-Thomas first proposed a civilian oversight body back in the fall of 2012, after the Citizens Commission on Jail Violence delivered their highly critical report on the brutal conditions in the LA County jail system and the LASD leadership that the CCJV said allowed such conditions to continue to exist year after year.

Until now, the votes were not there for the idea. But following the arrival on the board of Solis and Kuehl, all at once a majority was onboard for a civilian commission.

“The people of Los Angeles have demanded a new day by electing a new sheriff,” said Solis. “…Under the new leadership, we have a chance to restore trust in the county. This is not just a morally right answer,” she added, “it is fiscally prudent. Taxpayer money spent defending lawsuits is money that can’t go to improving the lives of our constituents….”

Supervisor Mike Antonovich disagreed. “The darkest days within the sheriff’s department in recent experience…,” he said, came about “during a time when it had the most amount of external oversight.” Then he ticked off the oversight entities of the recent past: the Office of Independent Review, Special Counsel Merrick Bobb, the county ombudsman, and the court-ordered jail monitors of the ACLU. Thus Antonovich favored “a single watchdog entity” that would “streamline and strengthen civilian oversight”—namely the inspector general.

Tuesday’s vote took place just a little after the 1 pm hour, after a long and impassioned segment of public comment. Prior to the vote, LASD Undersheriff Neal Tyler read a letter from Sheriff Jim McDonnell giving strong support to the motion. The letter said, among other things that “… partnerships with our community should be embraced, not feared.”(At the time of the vote, McDonnell was at a long-scheduled meeting of the California State Sheriff’s Association.)

Interestingly, LASD Inspector General Max Huntsman also spoke positively about the idea of community oversight.

In the end, the motion to create the civilian commission was divided into three parts. Part one was the approval of the civilian oversight body. Part two was to cause the creation of a working group to hash out what the new commission would look like, what its mandate and its powers would be, and so on. And part three was the request of a report from County Counsel having to do with issues such as the correct legal language necessary to create the civilian group.

This partitioning of the motion was at the suggestion of Supervisor Mike Antonovich who wanted to vote for the working group, and the County Counsel’s report, but against the commission.

Bottom line: The creation of a civilian oversight body passed 3-2, with Antonovich and Supervisor Don Knabe both voting no—at least for the time being. The creation of the working group, solely, passed with a unanimous vote, as did the request for a report from the county’s lawyers.

And so it was that, after more than two years of discussion, civilian oversight of the county’s long-troubled sheriff’s department will soon be a reality.


THE DEVIL & THE DETAILS

The devil will, of course, be in the details.

Among those devils and details will be the make-up of the commission, the degree of access it will have to LASD information and what, if any, legal power it will have.

In his letter to the board of supervisors, Sheriff McDonnell was actually quite specific in his suggestions as to what kind of commission members he envisioned, and how many commissioners there ought to be. (He figured 7 to 9 commissioners, to be exact.)

As to whom they ought to be, McDonnell thought the commission should made up of volunteers, not paid employees. They should be “…highly regarded and esteemed members of the community, committed to public service on this body in an unpaid and part-time capacity (similar to how CCJV functioned). The structure should also include not simply individuals appointed by the Board of Supervisors, but also others selected by other appointing authorities….”

When IG Huntsman spoke he also had a number of suggestions. He stressed that, if oversight was to mean anything, it was essential that he and, by extension any commission he reported to, must have maximum access to information.

“I used to be an attack dog,” he said. “Now I’ve been asked to be a watchdog. If you buy a watchdog, they are only worth it if they come into your house. If you keep them in the backyard, then the burglars can come in the front door. A watchdog can’t watch what they can’t enter and be a part of. So transparency means complete access…”

Huntsman said it was his understanding that there was a way to accomplish this access and still respect the restrictions of the Peace Officers Bill of Rights.

As for the question of whether or not the soon-to-be created civilian commission could or should have any legal power, Huntsman was unconcerned.

“There are lots of commissions that have legal authority,” he said, “and those who don’t have legal authority, and that doesn’t really control how effective they are.” A commission’s effectiveness had more to do about “whether or not what they have to say is welcomed by the department, whether or not the department interacts with them, and whether or not they speak in a language the department understands.”



AND IN OTHER NEWS….

NEVER CONVICTED OF A CRIME BUT HELD BACK BY A CRIMINAL RECORD

It’s bad enough that significant percentages of job-seeking Americans are hampered in finding employment for which they are otherwise qualified by criminal records. This story by Brendan Lynch writing for TalkPoverty tells how yet another slice of U.S. job hunters faces the same barriers even without criminal convictions.

Here’s how the story opens:

Tyrae T. and N.R. needed what any thirtysomething American without regular income needs: a well-paying job. They were both ready and eager for work, yet both were turned down for numerous entry-level positions they were qualified for. The reason? Criminal records. Tyrae and N.R. have never been convicted of any crimes, but they face a problem that afflicts millions of low-income Americans: arrests without conviction that are improperly used as grounds to deny employment.

Job applicants with criminal records, especially men of color, face a high hurdle to employment. Studies have shown that black men without criminal records get callbacks for job interviews at rates below those of white men with criminal records; and for a black man with a record, the callback rate is almost negligible.

Arrests that never led to conviction shouldn’t affect employment—innocent until proven guilty is a fundamental principle of American justice, after all. Because there is a presumption that arrests without convictions don’t hinder employment opportunities, this issue has received far less media and political attention than the employment obstacles created by past convictions. But the fact is that when it comes to getting jobs, a mere arrest can be just as bad as a conviction for millions of people like Tyrae and N.R.

Many companies conduct pre-employment background checks using FBI rap sheets, which are notoriously hard to read: employers often can’t discern whether the charges resulted in conviction, were withdrawn, or dismissed.

State-level databases can be equally confusing. In Pennsylvania, if an item turns up when an employer runs a background check through the state police, the system immediately responds with a generic code, indicating that details will follow within four weeks. If someone only has arrests on his record, the report eventually comes up clean, but many employers won’t wait that long for the clarification—they simply move on to the next job applicant.


…CORY BOOKER SPEAKS TO FELLOW U.S. SENATORS ABOUT BIAS IN THE CRIMINAL JUSTICE SYSTEM

“Enough lamentation, when will there be legislation?” asked New Jersey Senator Cory Booker when he spoke before Senator Richard Durbin’s Tuesday hearing on the State of Civil Rights & Human Rights. It’s strong stuff, filled with both passion and common sense. And Booker bolstered his points with plenty of statistics.

Take a look.


MORE BAD NEWS ABOUT LAUSD’S MALFUNCTIONING SOFTWARE SYSTEM THAT SCREWED UP STUDENTS’ SCHEDULES

Recently we wrote about the restraining order an angry judge slapped on California Department of Education head, Tom Toriakson, to force Toriakson and LAUSD to come up with a plan to fix a disastrous tangle of problems with the district’s student data system. It seems the data snarl had somehow resulted in many students at Jefferson, Dorsey and Fremont High Schools losing more than a month’s worth of class time, and other students’ transcripts being comprised as college application deadlines rolled around.

So is the system fixed yet? Uh, no. Even more alarming, the cost of repairing the mess has, thus far, cost three times what the district initially spent to set up the data system.

Annie Gilbertson of KPCC has the story-–and it ain’t pretty.

Here’s a clip:

The Los Angeles Unified School District board approved another $12 million Tuesday to fix the student data system that failed to schedule classes, take attendance and track students with special needs beginning last fall.

Under the new plan, the district will spend up to $2 million per week from Jan. 1 to Feb. 15 to have technology companies, including Microsoft, debug the system, stabilize servers, and expand use of the system known as MiSiS at charter schools, among other tasks.

The money will also pay for oversight of the work by an outside party and expansion of the help desk.

The new spending brings the total cost of the software system to $45.5 million, three times as much as was initially invested in it.

When the six weeks are up, the board will be presented with another, pricier spending plan for MiSiS improvements. Earlier estimates submitted to the school construction bond oversight committee showed the price of addressing the system’s problems could double to about $85 million….


A FEW WORDS ON THE TORTURE REPORT

We don’t normally report on issues—even criminal justice issues—that occur beyond U.S. borders, because they are too far outside our California-centric mandate.

But we cannot fail to acknowledge—however briefly—the release of what is being called the “torture report,” the Senate’s long awaited report on C.I.A. torture during the Bush Administration released Tuesday. It has too many implications about criminal justice issues we do write about.

This week’s revealations are so dispiriting that a lot of the writing about the report that we’ve read in the last 24 hours has sort of a stunned eloquence, like this opening of Tuesday’s story by the New Yorker’s Amy Davidson.

There is a tape recording somewhere, unless the Central Intelligence Agency has destroyed it, that captures the sound of a man named Nazar Ali crying. He was a prisoner in a secret C.I.A. prison, in a foreign country where terrorists were supposed to be interrogated. But Nazar Ali, whom a Senate Select Intelligence Committee report, part of which was released on Tuesday, suggests has a developmental disability—it quotes an assessment of him as “intellectually challenged”—was no sophisticated Al Qaeda operative. It is not even clear, from what’s been released of the report, that his interrogation was an attempt to gain information, or indeed that he was properly interrogated at all. According to the report, his “C.I.A. detention was used solely as leverage to get a family member to provide information.” A footnote later in the report, where his name appears, explains that Nazar Ali’s “taped crying was used as leverage against his family member.” Left unexplained is what the American operatives did to make this man cry. Did they plan ahead, preparing recording equipment and proddings, or did they just, from their perspective, get lucky?

That audio may be long erased or destroyed, as ninety-two videotapes documenting waterboarding were. The unauthorized running of those videotapes through an industrial shredder, in 2004, put in motion the production of the Senate report. (The Washington Post has a graphic guide to its twenty key findings.) It took nine years and cost forty million dollars, largely because the C.I.A. and its allies pushed back, complaining about unfairness and, finally, warning darkly that Americans would die if the world knew what Americans had done. Senate Republicans eventually withdrew their staff support. The Obama Administration has largely enabled this obstruction. The opponents of accountability nearly succeeded. In another month, a Republican majority takes control in the Senate, and they might have buried the report for another decade, or forever. As it is, only a fraction has been released—the five-hundred-page executive summary of a sixty-seven-hundred-page report—and it is shamefully redacted. But there are things the redactions can’t hide, including that the C.I.A. and the Bush Administration lied, in ways large and small. One telling example has to do with the number of people held in the secret C.I.A. prisons. General Michael Hayden, as director of the C.I.A., regularly said that the number was “fewer than a hundred.” By that, he meant ninety-eight—and, when he was informed by others in the Agency that there were at least a hundred and twelve, “possibly more,” he insisted that they keep using the number ninety-eight. The report released today lists the number, for the first time, as a hundred and nineteen. Of those, twenty-six were held wrongly—that is the C.I.A.’s own assessment; the number may be greater—either because there was no real evidence against them or because of outright Hitchcockian cases of mistaken identity. There’s a footnote where the report mentions the twenty-six who “did not meet the standards for detention.” Footnote 32, the same one that outlines the motives for holding Nazar Ali, has a devastating litany, starting with “Abu Hudhaifa, who was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the CIA discovered he was likely not the person he was believed to be…”

There’s lots more in Davidson’s story, in the New Yorker in general, and, of course, in every other mainstream publication.

Posted in Board of Supervisors, Civil Rights, criminal justice, Education, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, LAUSD, Los Angeles County, race, race and class, racial justice, torture | 14 Comments »

CA’s Poorer Students Lose Weeks of Instruction…LAUSD Fires Lawyer Who Blamed 14-yr-old for Sex With Teacher….Kids, Trauma & Schools…and LAPD Braces for Ferguson Decision

November 19th, 2014 by Celeste Fremon


STUDY FINDS CA’S LOW INCOME HIGH SCHOOLS LOSE 25 DAYS OF INSTRUCTION A YEAR

Teachers in California’s “high poverty” high schools provide their students with an average of 25 fewer days of classwork per year than do their higher income school counterparts, according to a new study released Tuesday by UCLA’s Institute for Democracy, Education & Access (IDEA) and funded by the Ford Foundation.

This is the rough equivalent of shutting down classes in the state’s low income area schools as much as five weeks earlier than schools in more affluent areas.

The causes of this disparity in productive class time primarily fall into two categories, according to the UCLA report:

1. Incidental interruptions during each class period chip away at instructional time to the tune of around 1/2 hour per day in the state’s low income schools.

2. In this same way, in high poverty schools there are more in the way of large interruptions that cut into scheduled instructional time across the school calendar–things like emergency lockdowns, chronic teacher absences, overlong preparation for standardized tests, underprepared substitute teachers and more.

In addition there are community and personal sources of stress—unstable living conditions, neighborhood violence, concerns about safety, immigration issues, hunger—that can adversely affect a higher percentage of students’ ability to concentrate in high poverty schools than those affected in low poverty schools.

The result is a measurable lack of equality of opportunity, say the study’s authors:

“California holds students to a common set of assessment standards and requirements for university admission,” write UCLA researchers John Rogers & Nicole Mirra in the conclusion of their report. “Yet students have access to markedly different amounts of instructional time depending on the neighborhood in which they live. It is true that schools can use available learning time in more or less effective ways. But the amount of available learning time creates a ceiling, limiting the capacity of the school to promote student achievement and development.”

Jill Barshay writing for the Hechinger Report has more on the study. Here’s a clip:

Interruptions, substitute teachers and test prep account for a large portion of the lost instructional time, according to a UCLA study released Nov. 18, 2014.

“These findings push us to think again about inequality in the schools,” said UCLA education professor John Rogers, a co-author of “It’s About Time: Learning Time and Educational Opportunity in California High Schools,” published by UCLA’s Institute for Democracy, Education and Access. “You have a quarter of the kids [here] in schools with concentrated poverty, and you see how unequal learning time is for these students.”

The inequities outlined in this report have little to do with school funding. In California, the state plays a large role in allocating school funds. That reduces the ability of wealthy towns to fund their schools more than low-income communities can.

“Differences in learning time between high and low poverty schools might actually be much more pronounced in states where high poverty schools receive less funding than schools in more affluent communities,” said Sanjiv Rao, a program officer at the Ford Foundation, which funded the UCLA study.

[SNIP]

A common disruption, for example, was a phone call from the main office during a lesson. Teachers reported that simple routines, such as settling the class down or distributing materials, take longer at high poverty schools. It may take only a minute, but the minutes add up. In a high poverty school, about 18 minutes per period are lost this way, compared with 13 minutes in a low poverty school — a five minute difference per class period….


LAUSD BELATEDLY FIRES LAWYER WHO ARGUED THAT 14-YEAR-OLD MIDDLE-SCHOOL GIRL WAS OLD ENOUGH TO SAY YES TO SEX

Last week, KPCC’s Karen Foshay broke the story that one of LAUSD’s hired gun law firms had argued in a civil suit in August that a 14-year-old student was mature enough to consent to having sex with her 28-year-old teacher—hence the district shouldn’t be liable for any of the teenager’s alleged injuries.

The former math teacher, Elkis Hermida, was convicted of lewd acts against a child in July 2011 and sentenced to three years in state prison.

The district’s attorney in the matter, W. Keith Wyatt of Ivie, McNeill & Wyatt, also brought the middle-schooler’s past sexual experience into court. (One is legally prohibited from such trash-the-victim tactics in adult rape cases, but evidently all bets are off in civil cases brought by the parents of young teenagers whose teachers had felonious sex with their students.)

Here are some clips from that first story:

“She lied to her mother so she could have sex with her teacher,” said Keith Wyatt, L.A. Unified’s trial attorney in the case, in an interview with KPCC. “She went to a motel in which she engaged in voluntary consensual sex with her teacher. Why shouldn’t she be responsible for that?”

Not content to stop there, Mr. Wyatt went on to opine:

“Making a decision as to whether or not to cross the street when traffic is coming, that takes a level of maturity and that’s a much more dangerous decision than to decide, ‘Hey, I want to have sex with my teacher,’” Wyatt told KPCC.

In any case, last Friday, embarrassed LASD officials announced that they wouldn’t work with attorney Wyatt anymore but that they would continue to work with his firm—which was representing the district in a bunch of cases.

Then on Tuesday, KPCC’s Karen Foshey and Paul Glickman reported that LAUSD had changed its mind and was now yanking most of the cases.

Here’s a clip that explains the deal:

When LAUSD said it would cut its ties with Wyatt, it said it would maintain its relationship with his firm, Ivie, McNeill & Wyatt, which was representing the district in 18 cases.

On Tuesday, LAUSD spokesman Sean Rossall told KPCC that Wyatt had been counsel on all 18 cases. His firm will continue representing the school district in four of the cases, but Wyatt will no longer be handling them, Rossall explained. The remaining 14 cases “are being reassigned to other firms,” he said.

There has also been fallout in Sacramento from KPCC’s report. State Senator Ted Gaines (R-Roseville) said that he intends to introduce legislation to ensure that lawyers will not be able to argue in civil cases that a minor is mature enough to consent to sex with an adult.

Let us hope that such sensible legislation will pass.


DR. NADINE BURKE HARRIS ADVISES SCHOOLS DEALING WITH STUDENTS & CHILDHOOD TRAUMA: “DON’T MAKE THINGS WORSE.”

Dr. Nadine Burke Harris, the San Francisco pediatrician and researcher who has become a national expert on the effect of “adverse childhood experiences”—or ACEs—on a kid’s future health and behavior, spoke last week at the Colorado Children’s Campaign. Prior to the event, Burke Harris was interviewed by Ann Schimke at Chalkbeat Colorado about kids and toxic stress and how schools can unintentionally make things worse.

(WitnessLA wrote about Burke Harris and childhood trauma here.)

Here’s a clip from the conversation:

…First of all, the canary in the coal mine is behavior and learning issues. One of the things we know is that kids who are exposed to high doses of adversity are much more likely to have problems with impulse control, are much more likely to have difficulty with recovery post-provocation, more likely to have difficulty with attention, and sometimes going so far as having learning difficulties.

For the study that was published by myself and a colleague, our kids who had four or more adverse childhood experiences, they were twice as likely to be overweight or obese. We also see recent data out of California…if you have an ACE score of four or more you have twice the lifetime risk of asthma.

What role should schools play or are they already playing in dealing with this issue in a proactive way?

The first really important role that schools have is not making things worse. I know that sounds awful, but really understanding that punitive school discipline policies do not reflect an understanding of the science of how adversity affects the developing brain. I think it’s really important for schools to respond thoughtfully.

The hours that a child spends in school are really an opportunity for establishing safe and healthy relationships, which can also be profoundly positive in terms of coming up with solutions to the issue of adverse childhood experiences and toxic stress.

One of the big things is just thinking about ways to establish a safe and healthy school climate that’s not punitive, and informing some of those policies with the emerging science and research around ACES and toxic stress.

How are schools doing in addressing this issue and creating a safe and healthy environment ?

There are certainly some schools that are models…One of the things we see that makes a world of difference in the school environment is having a school leader who recognizes adverse childhood experiences and toxic stress as a major issue that affects educational attainment and is willing to … take that on. I think that has everything to do with the leadership.


LAPD BRACES FOR DEMONSTRATIONS AFTER FERGUSON GRAND JURY ANNOUNCEMENT

Calls have already gone out for a peaceful rally at Leimert Park (Crenshaw and Vernon) following the Missouri grand jury announcement expected later this month regarding whether or not Ferguson police officer Darren Wilson will be indicted in the controversial shooting of black teenager Michael Brown.

Like law enforcement agencies all over the country, the Los Angeles Police Department is preparing for reactions to the grand jury’s decision, but Chief Charlie Beck also expressed hope that recent meetings by department members with LA’s most affected communities will aide in keeping the city calm.

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

Police departments nationwide are bracing for the grand jury’s decision — expected by the end of the month — in the killing of Michael Brown by a white police officer. The August shooting in Ferguson, Mo., sparked protests nationwide along with criticism of police.

Beck told the city’s Police Commission that his department is “working very closely” with authorities in Missouri and hoped to get “some advance notice of the decision and the announcement.”

“This is an issue that we’re all concerned with,” he said.

The LAPD has also stepped up community outreach in anticipation of the decision, Beck said, and is prepared to deploy extra patrols when it comes.

“We will facilitate lawful demonstrations, just as we always do,” he told reporters after the meeting. “But we will not, and cannot, condone violence or vandalism. We want to help people to express their opinions, but we want them to do it lawfully.”

Beck stressed his hope that the outreach efforts would help quell potential violence in Los Angeles.

“I believe that the relationships with the Los Angeles Police Department and the communities that are most concerned is very strong,” the chief said.

Posted in Civil Liberties, Civil Rights, crime and punishment, Education, LAPD, LAUSD, race, racial justice, School to Prison Pipeline, Trauma | No Comments »

Attorney Fights for Justice and Mercy…When Arrests by Police Replace School Discipline….Analyzing Crime Reporting in America

October 21st, 2014 by Celeste Fremon


In the often disheartening world of criminal justice reform, Bryan Stevenson is deservedly a superstar.

Stevenson is a defense attorney who graduated from Harvard Law School, and founded the Equal Justice Initiative, a non-profit legal practice dedicated to defending the poor, the wrongly condemned, children who have been tried as adults, and others who have been most abandoned by the nation’s legal system. One of his first cases was that of Walter McMillian, a young man who was on death row for a notorious murder he insisted he didn’t commit.

Stevenson is also a law professor at NYU, the winner of a McArthur genius grant, and has argued six cases before the Supreme Court—two of which are of exceptional significance: He’s the guy who made possible the May 2010 Supreme Court ruling stating that it is unconstitutional to sentence kids to life without parole if they have not committed murder. Then Stevenson came back again two years later and, in June 2012, won the ruling that prohibits mandatory life for juveniles.

Now he’s written a book about his experiences with the justice system called Just Mercy: A Story of Justice and Redemption. It is being released on Tuesday, October 21, and is already generating a lot of enthusiasm.

Stevenson was on the Daily Show at the end of last week talking about the book and about justice in general. (See video above and extended interview here).

Then on Monday of this week, he was interviewed by Terry Gross on NPR’s Fresh Air.

Here are some clips from Fresh Air’s write-up about the show:

In one of his most famous cases, Stevenson helped exonerate a man on death row. Walter McMillian was convicted of killing 18-year-old Ronda Morrison, who was found under a clothing rack at a dry cleaner in Monroeville, Ala., in 1986. Three witnesses testified against McMillian, while six witnesses, who were black, testified that he was at a church fish fry at the time of the crime. McMillian was found guilty and held on death row for six years.

Stevenson decided to take on the case to defend McMillian, but a judge tried to talk him out of it.

“I think everyone knew that the evidence against Mr. McMillian was pretty contrived,” Stevenson says. “The police couldn’t solve the crime and there was so much pressure on the police and the prosecutor on the system of justice to make an arrest that they just felt like they had to get somebody convicted. …

“It was a pretty clear situation where everyone just wanted to forget about this man, let him get executed so everybody could move on. [There was] a lot of passion, a lot of anger in the community about [Morrison's] death, and I think there was great resistance to someone coming in and fighting for the condemned person who had been accused and convicted.”

But with Stevenson’s representation, McMillian was exonerated in 1993. McMillian was eventually freed, but not without scars of being on death row. He died last year.

“This is one of the few cases I’ve worked on where I got bomb threats and death threats because we were fighting to free this man who was so clearly innocent,” Stevenson says. “It reveals this disconnect that I’m so concerned about when I think about our criminal justice system.”

Yet the interview—which you can listen to here—is about much, much more.

So is Stevenson’s book, Just Mercy, as is made clear by this review by Ted Conover who wrote about the book for the New York Times Sunday Book Review.

(Conover is the author of the highly regarded “Newjack: Guarding Sing-Sing,” and other nonfiction books)

Here are some brief clips from Conover’s review:

Unfairness in the Justice system is a major theme of our age. DNA analysis exposes false convictions, it seems, on a weekly basis. The predominance of racial minorities in jails and prisons suggests systemic bias. Sentencing guidelines born of the war on drugs look increasingly draconian. Studies cast doubt on the accuracy of eyewitness testimony. Even the states that still kill people appear to have forgotten how; lately executions have been botched to horrific effect.

This news reaches citizens in articles and television spots about mistreated individuals. But “Just Mercy,” a memoir, aggregates and personalizes the struggle against injustice in the story of one activist lawyer.

[SNIP]

The message of this book, hammered home by dramatic examples of one man’s refusal to sit quietly and countenance horror, is that evil can be overcome, a difference can be made. “Just Mercy” will make you upset and it will make you hopeful. The day I finished it, I happened to read in a newspaper that one in 10 people exonerated of crimes in recent years had pleaded guilty at trial. The justice system had them over a log, and copping a plea had been their only hope. Bryan Stevenson has been angry about this for years, and we are all the better for it.

NPR has an excerpt from Stevenson’s Just Mercy here.


WHAT HAPPENS WHEN ARRESTS OF TEENAGERS REPLACE SCHOOL DISCIPLINE

According to the U.S. Education Department’s Office of Civil Rights, 260,000 students were turned over to law enforcement by schools in 2012 (the year with most-recent available data). According to the same report, 92,000 students were subject to school-related arrests that year.

Now that the most punitive policies of the last few decades are slowly being reconsidered, it is hoped that those arrest numbers will start coming down and that school police will be used for campus safety, not as a universal response to student misbehavior.

On Monday, the Wall Street Journal ran an extensively reported and excellent story by Gary Fields and John R. Emshwiller on the matter of using law enforcement for school discipline.

Here are some clips:

A generation ago, schoolchildren caught fighting in the corridors, sassing a teacher or skipping class might have ended up in detention. Today, there’s a good chance they will end up in police custody.

Stephen Perry, now 18 years old, was trying to avoid a water balloon fight in 2013 when he was swept up by police at his Wake County, N.C., high school; he revealed he had a small pocketknife and was charged with weapons possession. Rashe France was a 12-year-old seventh-grader when he was arrested in Southaven, Miss., charged with disturbing the peace on school property after a minor hallway altercation.

In Texas, a student got a misdemeanor ticket for wearing too much perfume. In Wisconsin, a teen was charged with theft after sharing the chicken nuggets from a classmate’s meal—the classmate was on lunch assistance and sharing it meant the teen had violated the law, authorities said. In Florida, a student conducted a science experiment before the authorization of her teacher; when it went awry she received a felony weapons charge.

Over the past 20 years, prompted by changing police tactics and a zero-tolerance attitude toward small crimes, authorities have made more than a quarter of a billion arrests, the Federal Bureau of Investigation estimates. Nearly one out of every three American adults are on file in the FBI’s master criminal database.

This arrest wave, in many ways, starts at school. Concern by parents and school officials over drug use and a spate of shootings prompted a rapid buildup of police officers on campus and led to school administrators referring minor infractions to local authorities. That has turned traditional school discipline, memorialized in Hollywood coming-of-age movies such as “The Breakfast Club,” into something that looks more like the adult criminal-justice system.

At school, talking back or disrupting class can be called disorderly conduct, and a fight can lead to assault and battery charges, said Judith Browne Dianis, executive director of the Advancement Project, a national civil-rights group examining discipline procedures around the country. Some of these encounters with police lead to criminal records—different laws for juveniles apply across states and municipalities, and some jurisdictions treat children as young as 16 as adults. In some states, for example, a fistfight can mean a suspension while in North Carolina a simple affray, as it is called, can mean adult court for a 16-year-old.

Unfortunately, it doesn’t end there.

Brushes with the criminal justice system go hand in hand with other negative factors. A study last year of Chicago public schools by a University of Texas and a Harvard researcher found the high-school graduation rate for children with arrest records was 26%, compared with 64% for those without. The study estimated about one-quarter of the juveniles arrested in Chicago annually were arrested in school.

Research by the University of South Carolina based on a multiyear U.S. Bureau of Labor Statistics survey, performed at the request of The Wall Street Journal, found those arrested as juveniles and not convicted were likely to earn less money by the time they were 25 than their counterparts. The study didn’t break out school arrests.

Another consequence: Arrest records, even when charges are dropped, often trail youngsters into adulthood. Records, especially for teenagers tried as adults, have become more accessible on the Internet, but are often incomplete or inaccurate. Employers, banks, college admissions officers and landlords, among others, routinely check records online.

Retired California juvenile court judge Leonard Edwards said the widespread assumption arrest records for juveniles are sealed is incorrect. The former judge, now a consultant with the Center for Families, Children and the Courts, an arm of the state court system, said his research indicates only 10% of juveniles nationally know they must request records be closed or removed.

But that process is complicated and varies from state to state. Even terms like expungement and annulment carry different meanings depending on the state. The process usually requires a lawyer to maneuver the rules and to file requests through courts.

“Our good-hearted belief that kids are going to get a fair shake even if they screwed up is an illusion,” Judge Edwards said.


CRIME REPORTING IN AMERICA: WE’VE GOT A LOT OF IT, BUT IS IT….GOOD?

“If it bleeds, it leads,” is the trope that has long guided a large portion of contemporary news gathering. As a consequence, while the news business continues to struggle to maintain comprehensive news coverage with diminished staffing, there is no shortage of crime reporting.

But, while there is quantity, is there quality? The John Jay Center on Media, Crime and Justice decided to find out. To do so, they conducted a content analysis of six U.S. newspapers over a four week period in March 2014. The study—which looked at the Detroit Free Press, the El Paso Times, the Indianapolis Star, the Camden (N.J.) the Courier-Post, the Naperville (Ill.) Sun and the Flint (Mi.) Journal—resulted in a report that was just released.

As it turned out, researchers Debora Wenger and Dr. Rocky Dailey found that quantity did not necessarily equal quality. In fact, the majority of the crime stories Wenger and Dailey analyzed lean strongly toward “just the facts, ma’am,” and offered little or nothing in the way of context or depth. Yet when it came to perceptions about crime in the city or state, the researchers noted that the news sources covered, the papers’ crime stories were very influential in shaping opinions, including those of lawmakers.

The Crime Report has more on what the study found. Here is a clip from their story:

What may be more surprising is how often stories rely on a single source. About 65 percent of the crime and justice stories overall referenced just one source of information.

At the Camden paper, for example, 84 percent of stories had one reported source, as did 55 percent of those published in The Indianapolis Star.

At every publication in the study, law enforcement officers were the most commonly cited sources by a wide margin, with court representatives, including judges and prosecutors, coming in a distant second. Fox agrees this heavy reliance on the official point of view is one of long standing.

News media tends to take the official side, the prosecution side – this doesn’t surprise me – when a case emerges in the news, that’s often the only side available to the reporter,” said James Alan Fox, a criminologist at Northeastern University in Boston.

Eric Dick, breaking news editor at the Star, told researchers the newspaper likes to add more points of view to stories whenever possible; but for every enterprise story, there are undoubtedly many more briefs.

“I think there are three factors involved. One is the amount of crime: information is readily available that rises to the threshold you need to do a story, but you wouldn’t be able to develop all of them,” Dick said.

The authors of the study said more research could further “quantify whether there is more or less crime coverage occurring in today’s daily metropolitan newspapers than in the past.”

Pointing out that, according to a 2011 survey by the Pew Research Journalism Project, 66 percent of U.S. adults say they follow crime news—with only weather, breaking news and politics garnering more interest—they said such research was “a critical tool for editors, journalists and policymakers” at a time when the criminal justice system was the focus of intense national debate.

“It is imperative that the audience gets the most contextualized and well-sourced coverage possible,” Wenger and Dailey wrote.


Posted in Civil Rights, crime and punishment, criminal justice, Education, Future of Journalism, Innocence, race, race and class, School to Prison Pipeline, Zero Tolerance and School Discipline | 3 Comments »

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 »

Los Angeles School Police Announce Important Reforms to Decriminalize School Discipline….& More

August 20th, 2014 by Celeste Fremon



TELLING THE DIFFERENCE BETWEEN STUDENT MISBEHAVIOR AND CRIMINAL BEHAVIOR

In a drastic change in approach when compared to the policies and protocols that ruled the day in the Los Angeles Unified School District as recently as three years ago, the head of the district’s school police, Chief Steven Zipperman, announced on Tuesday that his force will no longer criminalize the less serious forms of school rule breaking—a move that is expected to significantly reduce student contact with the criminal justice system.

Instead, multiple categories of student actions that previously would have led to citations or arrests, will be now be handled by referring the student to rehabilitative forms of intervention by school officials.

These newly re-classified behaviors include such infractions as tobacco possession, alcohol possession, possession of small amounts of marijuana, minor damage to school property (under $400), trespassing on school property, and most fights between students, which usually account for 20 percent of school arrests.

The policy of treating non-serious student misbehavior as criminal behavior was part of the zero-tolerance mania that came into fashion 25 years ago when fear about youth gang violence was hitting its apex, then continued to ramp up further in the panic after school shootings like Columbine in 1999.

The new policy, said Zipperman, “contains clear guidelines” that will help LASP officers “in distinguishing school discipline responses to student conduct from criminal responses.”


HARD WON CHANGES

Tuesday’s reforms are the latest in a series of hard-won changes that began to gain traction after national reports showed that the broad-brush of zero-tolerance did not, in fact, make schools safer, and that contact with police was a strong predictor of school performance and whether a kid would graduate from high school or drop out. (A single arrest doubles a student’s chances of dropping out of school.)

Significant progress was made in Los Angeles in 2012, when police agreed to dial back much of the disastrously punitive policy of truancy ticketing, in which thousands of students per year were issued $250 tickets, often resulting court fees on top of them, for being late or absent from school. Instead, students with chronic absences began being referred to school counselors, rather than courts.


CONCERN OVER RACIAL INEQUITIES

The urgency for reform was further recognized after data surfaced showing that school arrests and school suspensions in California consistently cut disproportionately against students of color and those with disabilities. In 2013, in Los Angeles, for example, LA School Police made nearly 1,100 arrests, 94.5 percent of those arrests involved students of color.

That same year, black students represented just 10 percent of the student population, but accounted for 31 percent of the LASP arrests.

Manuel Criollo, Director of Organizing for the Strategy Center’s Community Rights Campaign, called Tuesday’s announcement a “civil rights breakthrough” that would help “curb the school to prison pipeline in Los Angeles.”

Supervising Juvenile Court Judge Donna Groman put it another way.. “Juvenile court should be the last resort for youth who commit minor school-based offenses,” she said in a statement. “The education system is better equipped to address behaviors displayed at the school level through restorative justice and other alternative means.”

Groman, along with presiding judge of the LA Juvenile Courts Michael Nash, was among the prominent players who actively supported California-based pro-bono law firm, Public Counsel, and the Community Rights Campaign, in their two years of negotiation for Tuesday’s changes.

“There are enough studies that show bringing them into the justice system is really more of a slippery slope that leads to negative outcomes and poor futures,” Judge Nash told the New York Times this week. “The people who are in these schools need to deal with these issues, not use the courts as an outlet. We have to change our attitude and realize that the punitive approach clearly hasn’t worked.”


A NATIONAL MODEL?

The LA School Police joined Oakland, San Francisco and Pasadena in enacting these much-needed reforms.

However, with more than 640,000 students and nearly 1,100 schools, the LAUSD is the second largest school district in the nation. (New York’s system is the largest.) And its school police force is America’s largest, As a consequence advocates hope that Tuesday’s reforms will lead the way for similar reforms statewide and elsewhere in the U.S.

“If fully implemented,”said Laura Faer, Statewide Education Rights Director for Public Counsel, “this policy will move Los Angeles in the right direction to becoming a nationwide leader in putting intervention and support for struggling students before arrests and juvenile court time.”

May it be so.



AND IN OTHER NEWS:

NEW U.C. IRVINE STUDY SAYS HAVING A FATHER OR MOTHER LOCKED UP CAN BE MORE DETRIMENTAL TO A CHILD’S HEALTH THAN DIVORCE OR THE DEATH OF A PARENT

In a startling new study just released by UC Irvine, Assistant Professor of Sociology Kristin Turney finds that children’s emotional and health disadvantages are an overlooked and unintended consequence of mass incarceration. “In addition,” says Turney, “given its unequal distribution across the population, incarceration may have implications for racial and social class inequalities in children’s health.”

The study will appear in the September edition of the Journal of Health & Social Behavior, a publication of the American Sociological Association.

Here’s a clip from the ASA’s pre-publication write-up:

With more than 2 million people behind bars, the U.S. has the highest incarceration rate in the world. This mass incarceration has serious implications for not only the inmates, but their children, finds a new University of California-Irvine study. The study found significant health problems, including behavioral issues, in children of incarcerated parents and also that, for some types of health outcomes, parental incarceration can be more detrimental to a child’s well-being than divorce or the death of a parent.

“We know that poor people and racial minorities are incarcerated at higher rates than the rest of the population, and incarceration adversely affects the health and development of children who are already experiencing significant challenges,” said study author Kristin Turney…

[SNIP]

The likelihood of having an incarcerated parent is especially high in certain groups. “Among black children with fathers without a high school diploma, about 50 percent will experience parental incarceration by age 14, compared with 7 percent of white children with similarly educated fathers,” Turney said.

Compared to divorce, parental incarceration is more strongly associated with both ADD/ADHD and behavioral problems in children; compared to the death of a parent, parental incarceration is more strongly associated with ADD/ADHD….


IN THE JOURNALISTIC COMMUNITY WE ARE REELING FROM THE MURDER OF JAMES FOLEY

A veteran war reporter, American freelance journalist, James Foley repeatedly went deep into conflict zones to bring back stories of the suffering and hardship of people most affected by the conflicts. He went to bear witness. Then he disappeared into Syria nearly two years ago on Thanksgiving Day 2012.

On Tuesday, the Islamic extremist group ISIS released a video appearing to show Foley’s execution.

According to the Committee to Protect Journalists (CPJ) at least 69 other journalists have been killed in Syria since the fighting there began.

Posted in American voices, campus violence, children and adolescents, Civil Rights, Education, juvenile justice, LAUSD, School to Prison Pipeline, Zero Tolerance and School Discipline | 12 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 »

U.S. Rep. Tony Cárdenas & Judge Nash Join to Push for State $$ for Student Needs Not More School Police

June 16th, 2014 by Celeste Fremon



U.S. Rep. Tony Cárdenas and LA County Children’s Court Presiding Judge Michael Nash, plus representatives of several community and civil rights groups,
will hold a press conference at 2 pm on Monday on the steps of Los Angeles City Hall to urge the board of the Los Angeles Unified School District to direct several million in funds toward “research-proven programs that help keep students in school,” as originally intended, rather than reallocating those same funds to provide more $$ for school police.

(NOTE: We first reported on the questionable budget priority issue here.)

At issue is a pot of money designated by California’s 2013-enacted Local Control Funding Formula (LCFF), that advocates say is supposed to be used to “improve education for students from low-income areas, foster youth, and English language learners.” The Dignity in Schools-Los Angeles Campaign of students, parents and civil rights groups, which Cárdenas and Nash are supporting, has proposed that the money go specifically to hire restorative justice counselors and other student supports to increase student engagement, attendance and graduation, and to prevent suspensions that tend to lead to greater dropout stats.

Instead, LAUSD’s current LCFF proposal includes $13 million to be added to the school police budget that Cárdenas and Nash say comes directly from “supplemental and concentration funds” that the California Legislature intended to address inequities in student outcomes.

“Keeping our kids out of the juvenile justice system starts with making sure they’re in school and learning,” said Cárdenas about the LAUSD budget priorities. Cárdenas passed the landmark Schiff-Cárdenas Act in the California Legislature to evenly fund both police and restorative justice efforts in California schools, and has introduced similar legislation in Congress.

“We know our kids get off track sometimes,” he said. “This is the time of their lives where they are learning and making the decisions that will guide their lives. Counselors and mental health services are the only effective way we have found to help them avoid bad decisions and recover from those they do make. This is about our next generation. We must protect them, give them the wisdom we have learned and try our best to turn them into productive, valued members of our community.”

Judge Nash is, if anything, even more adamant on the topic. “The communities intended to benefit from LCFF are in dire need of every supportive resource-based approach available,” he said in a letter to LAUSD Superintendent John Deasy. “I do not see a reasonable nexus between law enforcement and specifically improving the educational experience and outcomes for our most vulnerable student populations.”

We at WitnessLA agree.

PS: It should be noted that studies by the independent Rand Corporation have shown that the Schiff-Cárdenas Act of 2000 has both reduced juvenile incarceration and lowered spending burdens for California taxpayers.

We’ll keep you posted on the outcome of this issue.

Posted in Civil Rights, Education, Violence Prevention, Youth at Risk, Zero Tolerance and School Discipline | 1 Comment »

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