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Why the FBI Kept the LA Jail Abuse Investigation a Secret from Baca and other Top Brass…and More

July 24th, 2014 by Taylor Walker

FBI DOCUMENTS EXPLAIN WHY BUREAU KEPT SHERIFF’S OFFICIALS IN THE DARK ABOUT JAIL INVESTIGATION

The FBI chose not to tell former LA Sheriff Lee Baca and other top department officials of the bureau’s recent investigation into alleged misconduct in county jails to keep the department from obstructing the probe, according to a packet of FBI documents and emails obtained by the LA Times.

The LA Times’ Cindy Chang and Jack Leonard have more on the matter. Here are some clips:

In explaining the need for secrecy, federal agents wrote that the Sheriff’s Department had interfered with previous FBI investigations. The agents described instances in which sheriff’s officials allegedly retaliated against an informant, denied agents access to a key source in jail and prevented a federal task force from gaining access to “jail communications.”

The FBI documents allege that former Undersheriff Paul Tanaka thwarted an investigation into suspected contraband smuggling by a deputy at Pitchess Detention Facility.

According to one memo, sheriff’s officials prevented FBI agents from interviewing an inmate who had been cooperating.

“LASD, specifically Tanaka, made it difficult for the FBI to pursue an effective investigation and the case was eventually closed,” the memo said.

There are other justifications for the secrecy, according to the FBI documents. For instance, Baca’s nephew, Justin Bravo, a deputy with a questionable past who worked in the jails, was suspected by the FBI of “egregious” inmate abuse:

Jail inmates told the FBI that the nephew, Justin Bravo, was the leader of a group of deputies who carried out unprovoked assaults, according to one FBI record.

Bravo was hired by the Sheriff’s Department despite his alleged involvement in a fight with San Diego police and arrests on suspicion of drunk driving and burglary, The Times reported last year. In 2001 in North Carolina, Bravo pleaded guilty to a misdemeanor involving a car break-in.

More recently, Bravo was put on paid leave in connection with a criminal probe by the Sheriff’s Department into whether he had abused an inmate. He was disciplined and is back on the job, according to a department spokeswoman. She declined to elaborate, citing confidentiality laws.

Richard A. Shinee, Bravo’s attorney, said the description of his client as an “egregious inmate beater” was based on unreliable second- and third-hand accounts.

The documents also pointed to a long-rumored “pay to play” culture within the department, including allegations that Baca handed out concealed weapons permits to campaign supporters, that LASD members pressured tow truck companies for donations in exchange for contracts with the department, and that Tanaka specifically tried to steer garbage removal contracts as a Gardena city councilman:

According to an FBI case summary, sheriff’s captains were ordered to collect $10,000 per station from tow truck companies that had contracts with the stations. The donations went either to Measure A, which would have raised the county sales tax to pay for more law enforcement officers, or to a campaign fund backing Tanaka’s successful run for Gardena mayor, the FBI contended in the documents.

An unnamed towing company official told investigators “it was known in the towing industry that if you wanted a contract with LASD you had to donate money to local politics,” according to the case summary.

Also according to the summary, Waldie terminated a towing company’s contract after the owner spoke to the FBI about the alleged pressure to donate.

Waldie, who retired in 2011, called the allegation “absolutely preposterous.”

In an interview with KPCC’s Frank Stoltze back in May, former sheriff candidate Todd Rogers said as a captain he was leaned on by a superior officer who wanted him to award an exclusive contract to a towing company that had supported Sheriff Baca. Here’s a small clip from the interview:

Rogers says the superior officer, whom he declines to name, noted that captains hold the authority to choose which companies receive lucrative Sheriff’s Department towing contracts in their jurisdictions. He wanted Rogers to “strongly consider” giving an exclusive contract to a company the assistant sheriff described as “very supportive of the department and the sheriff.”

“I didn’t want the one tow company,” Rogers said. “I told him no.”

We took a quick look at Tanaka’s sheriff campaign donation lists. The most recent contribution report (mid-May) available to the public includes a few towing company donations.

And while there may be more, we found entries on pages 6, 7, 9, 11, 12, and 17 of this March 2014 donation report.

Here’s another donation from April of this year.

And if you skim through this 2013 list, you’ll find another towing company donation, and other interesting contributions.

There’s a lot more, so be sure to read the entire Times story. All this information from the FBI cannot help but raise one obvious question: what—if anything—does it suggest about possible future indictments?


FEDERAL JUDGE GIVES LAWSUIT AGAINST CALIFORNIA PRISONS’ RACIAL LOCKDOWN TACTICS CLASS ACTION STATUS

U.S. District Judge Troy Nunley granted class action status to an inmate’s lawsuit challenging a California prison policy of putting prisoners on lockdown by race after a fight breaks out involving even one member of a racial group. For instance, when individual Hispanic inmates fight, all inmates labeled by the CDCR as Hispanic can be locked down and deprived of things like yard and recreation priveleges, phone calls, and family visits.

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

The lawsuit was originally filed in 2008 by one inmate, Robert Mitchell, after he and all other black inmates at High Desert State Prison in Susanville were locked in their cells following a fight. The legal challenge will now apply to all male inmates.

Gangs in California prisons typically are based on race, and fights often involve members of one race against one another. State law says the department can target specific racial and ethnic groups only when necessary to prevent further violence, and the response must be “narrowly tailored.”

The U.S. Justice Department last year intervened in the case, saying the practice violates the equal-protection guarantee of the 14th Amendment. Attorneys say no other state has a similar policy.


PROSECUTORS READING DEFENDENTS’ PRISON EMAILS WITH THEIR LAWYERS

The NY Times’ Stephanie Clifford has a story highlighting the emerging problem of federal prosecutors reading emails between federal prisoners and their lawyers, and using the correspondence to their advantage. Defense lawyers argue that the emails are the only efficient means of communication with the clients to whom they are trying to provide adequate representation, and should remain under the protection of attorney-client privilege.

Here are some clips:

The extortion case against Thomas DiFiore, a reputed boss in the Bonanno crime family, encompassed thousands of pages of evidence, including surveillance photographs, cellphone and property records, and hundreds of hours of audio recordings.

But even as Mr. DiFiore sat in a jail cell, sending nearly daily emails to his lawyers on his case and his deteriorating health, federal prosecutors in Brooklyn sought to add another layer of evidence: those very emails. The prosecutors informed Mr. DiFiore last month that they would be reading the emails sent to his lawyers from jail, potentially using his own words against him.

Jailhouse conversations have been many a defendant’s downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates’ calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners’ emails to lawyers — a practice wholly embraced in Brooklyn, where prosecutors have said they intend to read such emails in almost every case.

The issue has spurred court battles over whether inmates have a right to confidential email communications with their lawyers — a question on which federal judges have been divided.

[SNIP]

All defendants using the federal prison email system, Trulincs, have to read and accept a notice that communications are monitored, prosecutors in Brooklyn pointed out. Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said.

While prosecutors say there are other ways for defense lawyers to communicate with clients, defense lawyers say those are absurdly inefficient.

A scheduled visit to see Syed Imran Ahmed, a surgeon accused of Medicare fraud who is being held at the Metropolitan Detention Center in Sunset Park, Brooklyn, took lawyers five hours, according to court documents filed by one of Dr. Ahmed’s lawyers, Morris J. Fodeman. The trip included travel time from Manhattan and waiting for jail personnel to retrieve Dr. Ahmed.

Getting confidential postal mail to inmates takes up to two weeks, Mr. Fodeman wrote. The detention center, like all federal jails, is supposed to allow inmates or lawyers to arrange unmonitored phone calls. But a paralegal spent four days and left eight messages requesting such a call and got nowhere, Mr. Fodeman wrote.

Posted in CDCR, FBI, LA County Jail, LASD, Paul Tanaka, race, Sheriff Lee Baca | 41 Comments »

Report Criticizes FBI Delay in Revealing Flawed Forensics…US Magistrate Calls for Drug Case Dismissal Citing Misconduct….DA’s Office Charges LAPD Officer with Assault….and More

July 18th, 2014 by Taylor Walker

OIG REPORT SLAMS FBI OVER FAILURE TO DISCLOSE FAULTY LAB WORK IN 60 DEATH ROW CASES (AND MORE)

On Wednesay, the FBI’s Office of Inspector General issued a report exposing the FBI’s failure to expeditiously review potentially flawed forensic work affecting thousands of cases, including the cases of more than 60 death row defendants, and at least three people who have since been exonerated.

Back in 1997, an OIG investigation uncovered flawed forensic work done by 13 crime lab examiners. According to the new report, it took the FBI more than 5 years to identify the death row inmates whose cases needed reexamination. One of the three defendants put to death would have been ineligible for the death penalty if not for the flawed lab work.

The report said the FBI’s foot-dragging caused “irreversible harm” and urged the department to notify the approximately 2,900 people whose cases were re-examined.

Washington Post’s Spencer Hsu has more on the report. Here are some clips:

The report said the FBI took more than five years to identify more than 60 death-row defendants whose cases had been handled by 13 lab examiners whose work had been criticized in a 1997 inspector-general investigation.

As a result, state authorities could not consider whether to stay sentences, and three men were put to death. One of those defendants, who was executed in Texas in 1997, would not have been eligible for the death penalty without the FBI’s flawed work, the report said.

“Failures of this nature undermine the integrity of the United States’ system of justice and the public’s confidence in our system,” the 146-page report stated. The failure to admit errors at the time “also injured the reputation of the FBI and the Department.”

[SNIP]

As of October, the 26 surviving death-row inmates whose cases were included in the review had all been notified that their convictions had been re-examined, Steele said. The inspector general had recommended the notifications and retesting of evidence in 24 death-row cases in which the defendant was deceased.

The inspector general’s office said the department should notify all 2,900 defendants whose cases were reviewed by the task force, starting with 402 defendants whose cases were so problematic that the task force obtained a fresh scientific review. Their names were made public Wednesday for the first time.

The report said that even more defendants’ cases should have been reviewed but were omitted for inappropriate reasons, and the scope of errors never would be known. For many defendants, it said, “delays were very prejudicial and, for some, they caused irreversible harm.”


US MAGISTRATE URGES DISMISSAL OF DRUG CHARGES AFTER AGENT ALLEGEDLY FALSIFIES REPORT AND MANUFACTURES CRIME

On Tuesday, U.S. Magistrate Judge Cam Ferenbach called for the dismissal of drug trafficking charges against Jeremy Halgat, a former member of the Vagos motorcycle gang, citing alleged misconduct by the lead undercover agent in the investigation.

Ferenbach says that during “Operation Pure Luck” (a joint-investigation by the Bureau of Alcohol Tobacco and Firearms, the Las Vegas Police, and the LASD), Agostino Brancato, an LASD officer deputized by ATF, falsified a drug transaction report and “manufactured crime” by coercing an unwilling Halgat to traffic drugs—all allegedly with Brancato’s ATF supervisor’s knowledge.

The Las Vegas Review Journal’s Jeff German has the story. Here are some clips:

In a rare decision late Tuesday, U.S. Magistrate Judge Cam Ferenbach criticized Agostino Brancato, a deputized agent with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, for manufacturing the cocaine case against Jeremy Halgat, though Halgat had no criminal record and repeatedly told the agent in secretly recorded conversations that he did not want to traffic in drugs.

“The problem is that the government’s investigation deployed techniques that generated a wholly new crime for the sake of pressing criminal charges against Halgat,” Ferenbach wrote in his 34-page decision.

Ferenbach also said that despite Brancato’s denial, “there is no doubt” he “falsified” a report of one of the alleged drug transactions and that supervisors of his ATF-led task force “did not dissuade him” from doing it.

“This is distressing,” Ferenbach said. “Can the court rely on the chain of custody of evidence that the government will proffer against Halgat at trial? Did Brancato’s supervisors permit other falsifications?”

[SNIP]

Brancato was the lead undercover agent in “Operation Pure Luck,” a three-year joint investigation led by the ATF into drug and illegal weapons dealing by members of motorcycle gangs, including the Vagos. Las Vegas police, North Las Vegas police and the Los Angeles County Sheriff’s Department were part of the task force.

The investigation launched in April 2010 with the secret help of a Vagos gang member, and two years later Brancato, a Los Angeles County sheriff’s deputy deputized by the ATF, became a full-fledged member of the Vagos club while working undercover.

[SNIP]

In his decision, Ferenbach said Halgat “was not eager to participate in Brancato’s scheme in any capacity.” Halgat, he explained, had used cocaine and dealt drugs in the past but had “repudiated” those activities.

“His willingness to traffic in drugs only re-emerged after ATF injected itself into Halgat’s life and repeatedly solicited his services,” Ferenbach wrote.

Brancato also was unable to get Halgat to sell him illegal firearms, according to the magistrate.

Ferenbach said he was troubled that the “ATF had investigated Halgat for three years, found no contraband after executing two search warrants and indicted him for a crime designed and initiated by the ATF.”


LAPD OFFICER BEAT MAN ON HIS KNEES, ALLEGES DA’S OFFICE

On Wednesday, LA County District Attorney’s Office charged LAPD officer Jonathan Lai with “assault by a police officer and assault with a deadly weapon” for using his baton to beat a man who was kneeling with his hands on his head. A video of the incident was captured by a restaurant’s security camera. If convicted, Lai faces four years behind bars.

LA Weekly’s Dennis Romero has the story. Here’s a clip:

The cop, identified as 30-year-old Jonathan Lai, pleaded not guilty today to “one count each of assault by a police officer and assault with a deadly weapon,” the D.A.’s office stated.

The case is unusual in that it’s rare for the District Attorney’s office, which has to work closely with police to prosecute suspects, to charge a cop for an incident involving on-duty use of force:

This prosecution signals the continued willingness on the part of elected D.A. Jackie Lacey to go after LAPD officers despite their collective political power in the city.

However, the D.A.’s office says the department actually investigated the case, apparently before bringing it to prosecutors.


LA COUNTY SUPERVISOR CANDIDATE SHEILA KUEHL ON CHILD WELFARE AND JUVENILE JUSTICE

Among the major challenges that will face the two new LA County Supervisors to be elected this November, is how best to implement recommendations made by the Blue Ribbon Commission on Child Protection, in order to reform LA’s broken Department of Children and Family Services.

With this in mind, the Chronicle of Social Change’s Jeremy Loudenback interviewed one of the candidates for Supe Zev Yaroslavsky’s seat, Sheila Kuehl (who is running against Bobby Shriver), to probe her vision for a better child welfare system.

Kuehl’s sister is a juvenile dependency court judge in Sacramento. Because of this, Kuehl says has a deep understanding of the child welfare system. She says that the additional 450 social workers hired this year are a step in the right direction, but that more must be hired. She wants caseloads to be reduced to a maximum of 20 per social worker.

Here are some clips from Loudenback’s interview with Kuehl:

“You will see paper files stacked up five feet on the floor, on the desks, on the chairs,” Kuehl said in an interview. “We have a huge caseload in the courts in family law and juvenile courts, which very seriously reduces judges’ ability to make timely decisions, especially about very young children and to be able to assess if the placement found by the social worker is adequate.”

Kuehl is hoping that she will be tapped to help find lasting solutions for the courts and other persistent challenges to the child welfare system like the sky-high caseloads faced by social workers, the large number of juvenile justice-involved foster youth and locating sufficient funding.

[SNIP]

One hurdle the new Board of Supervisors will have to contend with are the elevated caseloads faced by county social workers. Kuehl says that providing resources to social workers and other employees in the child welfare system are among the most pressing issues identified in the Blue Ribbon Commission Report. The 450 new social workers hired this year are not nearly enough to deal with a critical need.

“In my opinion that’s still inadequate to keep track of all these children and really assess whether or not they’re safe from month to month,” Kuehl said. “ I would like to see the caseload be decreased to no more than 20 cases per social worker. In terms of how social workers we would need to add, I’m not sure I have the answer to that.”

A former family law attorney, Kuehl would also like to implement provisions to improve outcomes for two vulnerable populations: the many youth who are represented in both the foster care and juvenile justice systems and older foster who are aging out of the system.

She hopes the county will experiment more with a Missouri model of juvenile justice that stresses lower caseloads for prison workers while providing greater therapeutic and educational opportunities for youth. And an expansion of transition planning for youth for aging out of the system could offer more to many foster youth who struggle with homelessness after leaving foster care.

Posted in FBI, Foster Care, Inspector General, LA County Board of Supervisors, LAPD, LASD | 19 Comments »

Mystery Message in the Sky Over LASD Headquarters

July 10th, 2014 by Celeste Fremon


Around 2 PM Wednesday, just at the time when the Sheriff Department’s executive planning committee was scheduled to meet,
A mystery banner was flown behind a small plane repeatedly over Los Angeles sheriffs department headquarters in Monterey Park.

The banner read: EPC: LEADERS DON’T FEED DEPS TO FEDERAL WOLVES

For those unfamiliar with the term, the Executive Planning Committee, or EPC, is exactly that, the inner circle of command staffers who meet on a regular basis with the LASD’s top brass—the sheriff and assistant sheriff—to talk about the running of the department.

Shortly after the banner appeared a crowd of department members and staffers spewed from the building to gaze skyward and snap cell phone photos.

Rumors circulated quickly about who could have hired the banner-flying airplane, which was in the air a bit over an hour.

Some said it was the LA County deputies’ union, ALADS, which was tired of paying the growing legal bills for deputies who were indicted. (It should likely be mentioned here that, the union has declined to pay any part at all of James Sexton’s legal representation. But that’s another subject altogether. In any case, the illogical rumor circulated.)

Others said it was an ominous warning sent by persons unknown urging department members to return to the code of silence and to cease and desist talking to the FBI “wolves” about any kind of wrongdoing committed by those in the LASD.

Still others said the plane was hired by a group of Tanaka supporters, hoping to protect their man from legal action against him by warning people not to testify or cooperate with the feds against him in any way. (Although how this airborne message would be an effective means of delivering such a warning is unclear.)

Our department sources, however, tell us that these rumors are all complete nonsense, that the banner’s appearance was paid for by an unnamed group of deputies who reportedly work within the LA County Jail system. Their point, as we understand it, was caused by anger that those indicted—and in the case of six of the defendants, convicted—-on the obstruction of justice matter were taking the hit for those higher who gave the crucial orders, all of whom still seem to manage to be in possession of a get out of jail card.

Or something like that.

That’s all we know at the moment.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 46 Comments »

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

July 8th, 2014 by Celeste Fremon


HOW CHILDHOOD TRAUMA IS OFTEN MISTAKEN FOR ADHD

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

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

Here’s a clip:

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

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

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

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

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

[SNIP]

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

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


IT’S OFFICIAL NOW: THE FEDS WILL RETRY SEXTON

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

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

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

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

We will know what the judge rules later this summer.

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

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

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

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

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

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


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

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

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

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

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

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

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

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

[SNIP]

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

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

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

[SNIP]

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

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

Read on.


NEW YORK GOVERNOR DETERMINED TO RAISE THE AGE OF CRIMINAL RESPONSIBILITY

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

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

Here’s a clip:

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

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

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

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

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

Feds Plan to Retry LA Sheriff’s Deputy James Sexton (But Will There Ever Be Indictments Up the Ladder?)

July 7th, 2014 by Celeste Fremon


On Thursday of last week, two days after a federal jury found six members of the Los Angeles Sheriff’s Department guilty of obstruction of justice,
attorney Thomas O’Brien learned that federal prosecutors are planning to retry O’Brien’s client, Deputy James Sexton.

Sexton, if you’ll remember, was tried in May of this year on the same allegations of obstruction of justice and conspiracy to obstruct justice for which the six were just convicted. But in the case of the 28-year-old deputy, the jury hopelessly deadlocked, 6-6, producing a mistrial.

In many ways Sexton’s case is similar to that of Mickey Manzo and Gerard Smith, the two deputies who were just convicted (along with two sergeants and two lieutenants).

Like Manzo and Smith, Sexton works for Operation Safe Jails (OSJ), the elite unit tasked with, among other things, developing informants among the various prison gang populations inside the county’s jail system.

And, like Manzo and Smith, Sexton was an active part of the team that hid federal informant and inmate, Anthony Brown, from his FBI handlers, albiet, at a far more junior level.


AND YET THERE ARE DIFFERENCES

Despite the similarities, Sexton’s case also is significantly different from the case arrayed against Manzo and Smith in several ways. For instance, unlike the recently convicted deputies, Sexton originated no relevant emails, he never interrogated federal informant Anthony Brown, he was not present at high-level meetings, like the meeting on August 20, 2011, called by Sheriff Lee Baca, with former undersheriff Paul Tanaka and other command staff in attendance, where Smith and Manzo were also present, and crucial discussions occurred. Unlike Smith or Manzo, his name is never listed in pertinent emails as being someone in a position of authority.

Perhaps most importantly, unlike Smith and Manzo, Sexton cooperated with the FBI for more than a year, reportedly submitting willingly to 37 different interviews with the feds, many of the interviews with FBI special agent Leah Marx.

The deputy talked with Marx and company so much, in fact, that, according to agent Marx’s testimony, in order to make communication with the feds easier and safer for Sexton, she and her team gave him a cell phone that he could use solely for his calls to them. (The FBI reportedly grew concerned after it learned of what it believed were genuine threats against Sexton and his OSJ partner, Mike Rathbun, by department members, due to the two deputies’ whistleblower actions on another unrelated LASD case.)

In addition to providing information and documents to the feds, Sexton also testified twice in front of a grand jury, and did so without any apparent effort at self-protection.

In short, Sexton fully admitted his part in the operation that came to be known as Operation Pandora’s Box—obligingly describing the hiding of Brown in colorful detail. Sexton also characterized the hiding of Brown as being part of an “adversarial” attitude in which “the adversary was the U.S. government”—aka the FBI and the U.S. Attorney’s office.

“It was ‘bring out the smoke and mirrors’” he said.

The center of the prosecution’s case at the last trial was this grand jury testimony along with similar statements Sexton made to special agent Marx.

After the last trial resulted in a hung jury, juror Marvin Padilla said that it was Sexton’s grand jury testimony that got him and some of his fellow jurors to vote for acquittal.

“I just did not find it credible,” said Padilla. “I think these are conclusions he reached in hindsight a year later,” not when the actions were actually occurring. “Nearly all of Sexton’s narrative at the grand jury seemed like 20-20 hindsight.”


CRIMINAL CONDUCT & A TOXIC CULTURE

After the verdict came in last Tuesday, U.S. Attorney Andre Birotte held a short press conference on the court’s steps in which he talked about a “criminal conduct and a toxic culture” at the Los Angeles Sheriff’s Department.

“While an overwhelming majority of law enforcement officials serve with honor and dignity,” said Birotte, these defendants tarnished the badge by acting as if they were above the law.”

Monday at around 3 pm, James Sexton and his attorneys will meet with government’s prosecution team before Judge Percy Anderson to discuss whether or not the government will indeed refile charges on the deputy in the hope of convincing a jury that, Sexton, like the other six, acted as if he was “above the law.”

If so, a new trial could take place as quickly as this September.


LOOKING DOWN & LOOKING UP

Meanwhile, Miriam Aroni Krinsky, a former Assistant United States Attorney and the executive director for the Citizens’ Commission on Jail Violence, explained why the government has likely decided to have another go at Sexton, and what to expect at a second trial.

“It is not surprising that the government would elect to retry Deputy Sexton given the decisive conviction of the other six defendants on all counts,” said Krinsky.

“The government may well believe that equities support a retrial and that a new jury should have the opportunity to determine whether Mr. Sexton should also be held accountable for his alleged participation in this conspiracy.”

Krinsky noted, however, that any retrial of Sexton will be “challenging” in the light of what she described as the deputy’s “limited role in the conspiracy and his immediate and prolonged cooperation with the government.” It was these factors, she said, “that undoubtedly resulted in jury nullification that accounted for the first jury’s inability to reach a verdict.”

The next time around, Krinsky said, “we can expect the government to present more robust evidence at any retrial (just as they did at the trial of the other six defendants) regarding the backdrop of excessive force in the jails and the systemic failures at LASD” that “…didn’t simply justify, but in fact compelled, the FBI to engage in an undercover operation that involved the unorthodox smuggling of a cellphone to an inmate.”

Of course, the mention of “systemic failures” and “a toxic culture” at the LASD cannot help but raise the question that must loom as a backdrop to any discussion of refiling on Sexton, namely whether or not the government intends to move up (instead of merely down) the ladder of command to file on those who actually gave the orders, and set the cultural tone that has, thus far, resulted in seven federal indictments for obstruction of justice, and six felony convictions.

More as we know it.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, The Feds, U.S. Attorney | 27 Comments »

WLA on Which Way LA? on KCRW 89.9 FM

July 2nd, 2014 by Celeste Fremon


On Tuesday night, WitnessLA was on KCRW’s Which Way LA? with the always excellent Barbara Bogaev
(who was standing in for Warren Olney).

It was a quick news segment in which we talked about the just handed down six guilty verdicts in the LASD federal trial, recorded as I was standing outside in the hot, noisy and windy steps of the federal courthouse after the verdicts had come in.

So if you’d like to listen you can find the podcast of the broadcast here.

KCRW FM is at 89.9 FM.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | No Comments »

THE JURY SPEAKS: Six Guilty On All Counts – What the LASD Verdict Means

July 2nd, 2014 by Celeste Fremon


THE JURY SPEAKS

After nearly five days of deliberation—which included twice having to start over when first one panel member had to be replaced, then a second—the federal jury delivered its verdict: Each of the six sworn members of the Los Angeles Sheriff’s Department on trial for obstruction of a federal investigation were found guilty on all counts.

Those convicted include deputies Gerard Smith, 42, and Mickey Manzo, 34, sergeants Scott Craig, 50, and Maricela Long, 46, Lieutenant Stephan Leavins, 52, and Gregory Thompson, 54, a now-retired lieutenant.

All six defendants could face a maximum of fifteen years in federal prison. Scott Craig and Maricela Long could have an extra five years tacked on for the charges of making false statements to federal agents.

After the verdict was announced, the defendants reacted with expressions that ranged from stunned to stoic. Many of the family members who had attended every session of this fascinating but emotionally grueling month-long trial, struggled with tears.


“WE DIDN’T WANT TO HARM ANYBODY….BUT WE HAD A JOB TO DO”

According to the trial’s Juror No. 1, a truck driver named Ron (who declined to give his last name), he and his fellow panel members did their own wrestling with the human side of the verdicts.

“The biggest thing was how it was going to affect all these people’s lives,” he said. “Each of us went through that. We didn’t want to harm anybody.”

Yet, once they removed emotions from their task, Ron said, he and the rest had little difficulty with the facts of the case. “We had a job to do. And the evidence we had was pretty definite. They went over the line.”

Ron said that the jurors understood the contention of the defense that the various defendants were simply carrying out the orders of others. “But once your orders become you breaking the law,” he said, “that’s a problem. They went over the line when they began to hide “AB” as we got to call him, [federal informant] Anthony Brown, they began to do things outside the law.”


CRIMINAL CONDUCT AND A TOXIC CULTURE

At 4 pm on Tuesday, U.S. Attorney Andre Birotte emerged with the prosecution team beside him, and made a statement on the steps of the courthouse in which he talked about “criminal conduct and a toxic culture” inside the Los Angeles Sheriff’s Department.

“These defendants were supposed to keep the jails safe and to investigate criminal acts by deputies,” said Birotte. Instead they “took measures to obstruct a federal investigation and tamper with witnesses…. While an overwhelming majority of law enforcement officials serve with honor and dignity, these defendants tarnished the badge by acting as if they were above the law.”

In May, the trial of a seventh defendant, Deputy James Sexton, who was also accused of obstruction of justice in the hiding of FBI informant Anthony Brown, had ended in a mistrial with the jury hopelessly deadlocked, 6 to 6. In the case of Sexton, however, jurors voting to acquit pointed to the fact that the deputy had cooperated with the FBI for more than a year.


GREATER THAN THE SUM OF ITS PARTS

One of the reasons this trial has been important is that, in both both content and outcome, it points beyond itself to a host of additional issues.

As a consequence, in the days before the verdict, some of the trial watchers familiar with the workings of the U.S. Attorney’s office talked about the larger implications of possible verdicts. For instance, as one trial watcher explained, Tuesday’s string of guilty verdicts strongly suggests that a local agency should not attempt to derail the investigation of a federal agency into wrongdoing by the locals simply because the locals don’t like the way in which the feds are poking into their affairs. A string of innocent verdicts could have set a very different kind of precedent.

Another thing this trial has done is to paint yet one more vivid picture of–as U.S. Attorney Birotte put it—the “criminal conduct and a toxic culture” that was, and still is, corroding the innards of the Los Angeles Sheriff’s Department, despite the majority of decent cops who fill its ranks.

Candidate for sheriff, Jim McDonnell, issued a statement Tuesday that pointed to this issue. “This is a devastatingly sad day for our entire County,” said McDonnell. “The LASD has lost the respect of too many in our community as well as the confidence of the dedicated men and women within the Department itself….”

The big question is, of course, now that they have this matched set of six convictions, will the federal prosecutors move up the LASD ladder and attempt to indict those who—according to testimony by multiple witnesses heard throughout this trial—actually gave the orders that resulted in six department members losing their careers and potentially facing serious prison terms?

Specifically, will the feds try to indict former sheriff Lee Baca and former undersheriff Paul Tanaka, who is now running for sheriff?

Plus there are others like ICIB Captain William “Tom” Carey who are hard to ignore.

It is likely that, as the trials for some of the others of the total 21 department members indicted for brutality in the jails or other forms of corruption unfold in the coming year, the pressure on federal prosecutors to bring cases against those recently at the department’s top will continue to grow stronger.

Manzo, Smith, Craig, Long, Leavins and Thompson remain free on bail, and are scheduled to be sentenced on September 8 by United States District Judge Percy Anderson.


AND FOR OTHER ACCOUNTS OF TUESDAY’S VERDICTS BE SURE TO CHECK STORIES BY:

Lisa Bartley and Miriam Hernandez for ABC7

Rina Palta for KPCC

Victoria Kim and Cindy Chang for the LA Times

Posted in 2014 election, FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 103 Comments »

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

July 1st, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

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

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

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

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

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

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

….and without a verdict.


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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

Impact of Criminal Justice System on Latinos….New Anti-Sex Trafficking Foster Program….Juvie Mandatory Minimum Bill Amended….and McDonnell and Tanaka Will Face Off in November

June 26th, 2014 by Taylor Walker

LATINOS DISPROPORTIONATELY AFFECTED BY CRIMINAL JUSTICE SYSTEM AND CRIME

Latinos are heavily over-represented in the criminal justice system and as victims of crime, according to a new report from Californians for Safety and Justice and director of the Tomás Rivera Policy Institute at USC, Roberto Suro. (The report compiles existing data and research from the Bureau of Justice Statistics and elsewhere.)

The report found that Latinos are murdered at a rate more than twice that of whites in California, and are significantly more likely to be killed by a stranger. Latinos are 44% more likely to be locked up than whites for the same crimes. And Latinos awaiting trial in California also have a higher chance of being denied bail than whites, and average bail amounts are about $25,000 higher than both whites and African Americans. Latinos are also given mandatory minimum sentences more than any other race.

Here are some of the other statistics:

Latinos are more likely to be shot and burglarized than whites.

Hate crimes against Latinos rise as immigration increases.

California Latinos experienced more repeat crimes than survivors overall.

Half of Latino survivors are unaware of recovery services.

And here are some of the notable recommendations from the report:

• Arrest rates vs. convictions: California provides data on arrest rates by type of crime and racial or ethnic group, but data are lacking on conviction rates by types of crime and different populations. There is a need for comparative data on the first time someone is arrested or convicted.

• Community reintegration: Although research exists on how effectively Latino youth reintegrate into the community, there is a lack of documentation on how well Latino adults are reentering society.

• Racial Impact Assessments: Iowa, Connecticut and Oregon have laws requiring racial impact
statements before changing or adding criminal laws, as a way to guard against unintended consequences for people of a certain race or ethnicity. A racial impact statement is a nonpartisan analysis that examines the impact
of justice policy changes on racial and ethnic populations. For example, when new legislation is proposed in California, such an analysis could be conducted by an existing state agency (e.g., the State Interagency Team Workgroup to Eliminate Disparities & Disproportionality) and reported back to legislative committees on the potential adverse effects of the proposed bill.

• Racial profiling: Some law enforcement agencies have strong definitions of what constitutes racial profiling— and training on how to avoid the practice. Such standards should be in place in jurisdictions across the state and nation. Additional best practices in policing Latino communities across the country include Spanish-speaking liaisons (if officers do not speak Spanish), specific education and training of officers, Spanish hotlines and increased officer participation in community events.

• Risk assessments: When someone is arrested, determining their individual risk as they await trial (to reoffend, to show up to court, etc.) is key to managing jail space and minimizing undue disruption to families. Consistent use of proven risk-assessment tools can help local jurisdictions effectively manage their jail populations while also preventing unnecessary or biased decisions from disproportionately affecting Latinos

(The report also notes that while it focuses on Latinos’ contact with the justice system, African Americans do face greater disparities overall.)

KPCC’s Rina Palta has more on the report and its significance. Here are some clips:

Lead researcher Roberto Suro, director of USC’s Tomas Rivera Policy Institute, compiled public data available on Latinos’ interactions with the criminal justice system.

The data, he said, shows that “for Latinos, the criminal justice system has this process of cumulative disadvantage, where the disadvantages start at even the first encounters with the system.”

[SNIP]

But, until recently at least, criminal justice reform hasn’t prominently featured in Latino electoral politics, Suro said.

“In Southern California now, you have Latinos in positions of power or in positions of advocacy in a way that wasn’t the case twenty or thirty years ago when big decisions were made about a strategy of mass incarceration,” Suro said.


NEW TRAINING PROGRAM TO HELP LA COUNTY FOSTER PARENTS FIGHT CHILD SEX TRAFFICKING

The Los Angeles Board of Supervisors voted Tuesday to create a training program to teach foster parents and group home workers how to identify kids who may be victims of sex-trafficking and how to intervene on their behalf.

Supes Mark Ridley-Thomas and Don Knabe recommended the program, and have both been working to put a focus on child sex-trafficking in LA County.

The LA Times’ Abby Sewell has the story. Here’s a clip:

The supervisors voted Tuesday to ask county staff to work with local colleges and universities to develop a training program that will become mandatory for foster care providers.

“The county should move as quickly as possible to help safeguard the county’s most vulnerable population from being sexually exploited,” Supervisors Mark Ridley-Thomas and Don Knabe wrote in a memo to their colleagues.

County officials said state funds may be available to carry out the training. Staff will report back in 60 days on the costs to implement the training countywide.

AND A REMINDER OF HOW MANY KIDS ARE TRAFFICKED…

Time Magazine’s Nolan Feeny has the story on the FBI’s weeklong, nationwide child sex-trafficking bust that resulted in the rescue of 168 exploited children and the arrest of 281 pimps.


UPDATE ON BILL THAT WOULD INTRODUCE MANDATORY MINIMUM SENTENCES TO CALIFORNIA JUVENILE JUSTICE SYSTEM

Last week, California bill that would impose the first mandatory minimum sentences in the state’s juvenile justice system, SB 838, stalled in the Assembly Public Safety Committee. The bill would have required two-year minimum out-of-home sentence on kids convicted of sexually assaulting someone who is unconscious or disabled.

On Tuesday, the committee passed the bill after the two-year mandatory minimum sentence portion was removed. Now, kids convicted of assaulting someone who is incapacitated will receive mandatory treatment and counseling. The bill still takes away the anonymity of kids charged with this crime, and includes a sentence enhancement of one year for kids who share texts or pictures of the crime.

SF Chronicle’s Melody Gutierrez has the story. Here’s a clip:

The bill was amended to take out language that would have required a two-year minimum sentence at juvenile hall or another out-of-home detention facility for teens convicted of sexual assault against a victim who is incapacitated. The bill now would require mandatory rehabilitative treatment and counseling, which could be accomplished while living at home.

SB838 by Sen. Jim Beall, D-San Jose, maintained provisions that would open juvenile court to the public in cases where teens are prosecuted under Audrie’s Law and creates a one-year sentence enhancement for those convicted of sexual assaults who share pictures or texts of the crime to harass or humiliate the victim.

[SNIP]

Last week, the Assembly’s public safety committee delayed a vote on the bill after it was evident lawmakers would not support the mandatory minimum sentence provision.

Opponents of the bill argued mandatory minimum sentences create a “one-size fits all” model that emulates broken adult court sentencing laws. Mandatory minimum sentences have never been introduced in the state’s juvenile court system and many states and the federal government have begun to roll back the use of mandatory minimums in the adult court system.

Beall said he would have preferred to keep the mandatory minimum requirements, but he faced a deadline this week to pass the bill. The bill had previously passed the Senate unanimously.


NOVEMBER GENERAL ELECTION RUNOFF IN STORE FOR JIM MCDONNELL AND PAUL TANAKA IN BID FOR SHERIFF

The mail-in ballots have been counted, and appear to confirm a November runoff between between Long Beach Police Chief Jim McDonnell and former LASD Undersheriff Paul Tanaka for the office LA County Sheriff. The Board of Supervisors will make the results official on July 1.

The LA Daily News’ Thomas Himes has the story. Here’s a clip:

McDonnell — the overwhelming victor in the June 3 primary election — finished just 0.65 percent short of the 50 percent plus 1 mark needed to skip the Nov. 3 election and be sworn in as head of the nation’s largest sheriff’s department.

Tanaka claimed 15.09 percent of votes to beat out third-place finisher Bob Olmsted and stay in the hunt. The department’s former second-in-command built the race’s largest campaign coffer, collecting more than $900,000 in contributions. McDonnell raised more than $760,000.

With thousands of ballots uncounted on election night, the ultimate outcome was not certain until the final count was released Wednesday.



Graphs: Traci Sclesinger, “Racial and Ethnic Disparity in Pretrial Criminal Processing,” Justice Quarterly, Vol. 22, No. 2.

Posted in DCFS, FBI, juvenile justice, LA County Board of Supervisors, LASD, Paul Tanaka, racial justice, Sentencing | 4 Comments »

LASD Obstruction of Justice Trial: Closing Arguments, Part 2

June 25th, 2014 by Celeste Fremon


SIX SEPARATE DECISIONS

Monday was the second and final day of closing arguments in the obstruction of justice trial in which six members of the Los Angeles Sheriff’s Department are accused of deliberately getting in the way of a federal grand jury investigation into widespread brutality and corruption in the LA County jail system.

On Friday, the prosecution delivered its initial closing followed by hour-long presentations by each the attorneys for three of the six defendants, Lt. Greg Thompson, Lt. Steve Leavins and Deputy Mickey Manzo.

Monday, attorneys for Deputy Gerard Smith and Sgts. Maricela Long and Scott Craig presented closings for their clients, followed by a rebuttal by the prosecution.

(Since the prosecution has the burden of proof, prosecutors get the last word.)

A trial of this kind is a challenging one for the jury because, although it is a single proceeding in which all six defendants are charged with the offenses of obstruction of justice and conspiracy to obstruct justice, the prosecution’s allegations of how that obstruction took place are substantially different for each of the six. This means, of course, that the jury must make an individual decision for each defendant about guilt or innocence. In other words, all could be found guilty, or all acquitted. Or the jury could come up with mixed results, finding some guilty, others innocent.


NOT HIS CALL

The first up among Monday’s lawyers was Bill Genego, the attorney for Gerard Smith.

In August 2011, said Genego, Deputy Smith’s commanding officer directed that Anthony Brown be isolated, that no one have access to him without the okay of Undersheriff Paul Tanaka.

(The suggestion that Tanaka loomed over much of the action as an unseen shot caller was something that Genego made reference to several times.)

“Gerard Smith did his job. He did not obstruct justice. He did not commit a crime.”

Interestingly, both Genego and Deputy Mickey Manzo’s attorney, Matt Lombard, have not spoken much throughout this trial, and their clients names have been largely absent from testimony, at least when compared to mentions of the other four. It is a strategy that the defense clearly hopes will pay off for the two deputies who, although they have now been placed in the narrative during the government’s closing, still could seem to the jury to be peripheral, because of their absence from much of the action described during these last three weeks of trial.

In his closing on Friday, Lombard labeled Manzo as “the fall guy,” a low-ranking department member taking orders from his superiors — orders that came from the very top of the sheriff’s department.

Monday, when Bill Genego’s turn came, he painted a similar picture of his client for the jury, contending that, while Smith was a trusted deputy, he was nothing close to a decision maker, that over and over again he had to ask his boss, Greg Thompson, about anything outside the scope of his orders.

It was not Smith’s decision to move federal informant Anthony Brown nor to change his name, Genego said. When Brown’s inmate file—his “jacket”—was moved and given to Lt. Leavins (which the prosecution has suggested was done to make it un-findable by the feds), “that was not Deputy Smith’s call.”

At the August 20, 2011, meeting called by the sheriff that set the hiding of Brown in motion, Smith was present but mostly as a bystander, said Genego. “The sheriff was upset,” he said, “and Paul Tanaka said this is one of the most important investigations in the history of the department…” But Smith was not involved in all the communications that followed.

When, three days later—after the FBI managed to get in to see Brown and was tossed out—”Greg Thompson and Paul Tanaka decided to move him. That was not Deputy Smith’s call.”

to be on Brown at all times, he organized the detail.

“Could he choose not to follow that order?” asked Genego.

“Not his call.” It was a mantra Genego repeated throughout the closing.

“He wasn’t on the task force. He’s not on any of those emails. He had no corrupt purpose. Gerard Smith did his job,” attorney Genego concluded. “He did not commit a crime. He is not guilty.”


WHERE IS BACA? WHERE IS TANAKA?

Michael Stone, Scott Craig’s bow-tie sporting attorney, and Maricela Long’s attorney, Angel Navarro, continued the defense theme of officers following what they believed were lawful orders, stressing that Sheriff Baca and Paul Tanaka were briefed all along the way.

“On August 18, a lawful criminal investigation was ordered,” said Stone, referring the initial meeting in which Baca set in motion the hiding of Brown, ostensibly for his protection, and the probe into the undercover operation led by FBI special agent Leah Marx.

“Conducting a lawful investigation is not a conspiracy.”

After Scott Craig and Maricela Long were assigned to that criminal investigation, “…did you ever hear any evidence that Baca put the brakes on? ” Stone asked. “No. Because it didn’t happen.”

The two sergeants were “worker bees” doing what they were asked to do, he said.

Stone had a somewhat harder time defending Craig against the government’s allegations that he had deliberately tried to persuade deputies Gilbert Michel and William David Courson not to talk to the FBI. The jury had, by this time, had clips of Craig’s and Leavins’ interviews with both men played for them repeatedly. Craig’s interactions with Michel, were particularly hard to dismiss as nothing more than interview techniques designed to get Michel to feel comfortable, which is how the defense portrayed Craig’s side of the conversation.

Both Craig and Long alone are also charged with lying to federal agents, an allegation that stems from the twosome’s visit to Marx’s home where Craig told the FBI agent that he was “in the process of swearing out a declaration for an arrest warrant for you,” a threat that Long later repeated in a phone conversation with Marx’s FBI boss.

Craig and Long’s attorneys claimed that the arrest threats were were genuine, even though the sergeants would later learn that they had no jurisdiction to make such an arrest (and their grand jury testimonies on the matter were somewhat contradictory).

After all, said Stone, “Baca believed that the FBI agents violated the law.”

It was time for Sheriff Baca to put on his big boy pants and take control of the situation,” said Stone, as he came to the end of his closing.

And then he repeated the question that continues to hang like smoke over this trial.

“Where is Baca? Where is [ICIB Capt. Tom] Carey? Where is Tanaka?”


FOREST GUMP

When prosecutor Brandon Fox began the government’s rebuttal, he talked at first, not about the allegations at hand, but about the “widespread abuse of inmates,” about “jail visitors being assaulted” when they came to see family members, about “false cases” filed against inmates to cover up assaults by deputies, and other allegations by such groups as the ACLU “going back years.”

“Deputies knew they could beat inmates with impunity” said Fox, because LASD executives “didn’t know or didn’t care about the abuse—either possibility equally damning.”

And so the federal government investigated.

“Mr. McDermott said that there was no evidence that this investigation needed to be done,” Fox continued, referring to Lt. Greg Thompson’s attorney, Kevin McDermott, whose closing was Friday.

And once the LASD learned that the feds were probing, “their purpose was to get the federal government out, to get the grand jury out.”

But “that’s not their choice,” said Fox.

And if the LASD felt “disrespected” because they weren’t told all about the government’s undercover investigation…

“That’s not their choice.”

Agent Leah Marx’s investigation was an operation that was approved all the way up to Washington D.C., Fox told the jury.

“It was her work that helped open up Pandora’s Box.”

This was no “turf war” as some of the defense attorneys had argued, he said. It was “a one-sided war on the FBI, on the federal grand jury, and the US Attorney’s Office.”

Fox recapped the government’s reasons for the charges against each one of the six but he was the most scathing when it came to Lt. Steve Leavins.

On Friday, Leavins’ attorney, Peter Johnson told the jury that his client represented “leadership, integrity, excellence and service.”

Fox now listed the words for jury members:

LEADERSHIP
INTEGRITY
EXCELLENCE
SERVICE.

Then he went about dismissing Leavins’ claim to the qualities, erasing all but the first letters of each word as he did so, leaving only….

L
I
E
S

It was a parlor trick, but an effective one when followed up by an account of how Leavins gave misleading testimony about the supposed approval of his actions by deputy county counsel Paul Yoshinaga, and the OIR’s Mike Gennaco, claims that fell apart under further examination, and rebuttal testimony from Gennaco. After that, Fox reminded the jurors how, in another instance, Leavins tried to change his testimony altogether to claim that a significant meeting in late August 2011 between Baca and U.S. Attorney Andre Birotte and others—in which Birotte had told the sheriff in so many words to “But out” of the federal investigation—-had occurred instead, a month later, at the end of September,* when it would have better suited Leavins case, nevermind that Leavins appeared not to have been present at the second meeting at all.

Leavins was “the Forrest Gump” of the Los Angeles Sheriff’s Department, quipped Fox, claiming to be everywhere, whether he was or not.

As for the fact that, as defense attorney Stone had pointed out, the primary order-giving higher-ups of the LASD remained conspicuously unindicted, Fox said, “to the extent they’re ever charged, that’s for another jury to consider on another day.”

The case went to this jury of six men and six women on Tuesday.


*We originally wrote that the second meeting Leavins said he’d attended was in early October, which was not correct. He testified that it was at the end of September.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 38 Comments »

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