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LASD Deputy James Sexton Sentenced to 18 Months in Prison

December 16th, 2014 by Celeste Fremon


On Monday morning, former Los Angeles sheriff’s deputy James Sexton became the 7th member of the LASD
to be sentenced to prison for a conviction of obstruction of justice due to his part in a plan to hide federal informant Anthony Brown from his FBI handlers.

Judge Percy Anderson sentenced Sexton to 18 months in a federal lock-up, plus an additional year of supervision after he is released.

Sexton, 30, is a former Eagle Scout who was offered an appointment to West Point and recently got his master’s in public administration at USC. He was 26, and in the department for three years, when in August 2011, he was assigned by then lieutenant Greg Thompson, his boss on the Operation Safe Jails unit (OSJ), to participate in a complex scheme to keep federal informant Brown away from the FBI and other federal representatives with whom he’d previously been in contact. Brown was, at the time, part of a civil rights investigation into brutality by deputies against inmates in Men’s Central Jail, plus other forms of LASD corruption.

According to department higher ups, the hiding of Brown was for the inmate’s own safety. Sexton and his team members were told that the order to move Brown to various secret locations within the county jail system, through the use of name changes and computer manipulation, came from the very top of the department, namely from Sheriff Lee Baca and then undersheriff Paul Tanaka, who were briefed regularly on the operation that Sexton began unofficially calling Operation Pandora’s Box.

Judge Anderson gave Sexton the shortest sentence of any of the seven, stating that the deputy was “the least culpable” of the group. (Co-conspirators Greg Thompson, Steve Leavins, Gerard Smith, Mickey Manzo, Scott Craig and Maricela Long drew terms ranging from 41 months for former lieutenant Steve Levins, to 21 months for former deputy Mickey Manzo, after being convicted in July of this year in a trial separate from Sextons)

Sexton’s attorneys had pushed for a far lower six month sentence, or even probation with no jail time, pointing out that Sexton had repeatedly cooperated with the feds as a whistleblower in 37 different meetings, and had been convincingly threatened by department members once his whistleblower role became known. (Sexton was the only one of his co-defendents who was allowed by the judge to keep his personal firearms until his conviction this fall.) Anderson, however, was adamant that “the public” expected a sentence that did not trivialize the offense.

“The public expects that the police will not obstruct justice,” said the judge

At the same time, Anderson praised Sexton’s “loving family,” that the deputy “has respect of many in his hometown,” and was “smart and educated” and was “devoted to public service.”

Anderson paused, then added, “Obviously at some point he allowed the core values that had served him well to give way...to the corrupt values of the sheriff’s department.

Finally Anderson spoke directly to Sexton.

“Sir, you didn’t show courage in your misguided attempt to protect the LASD.”

While Sexton and his family looked both grim and saddened by the sentencing outcome, they seemed unsurprised. Sexton was found guilty in mid-September of this year of charges of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Brown from his FBI handlers.
The September trial was Sexton’s second legal go-round for the same charges. His first trial, which took place in May of this year, resulted in a hung jury, that split six-six.

When questioned outside the federal court, Assistant U.S. Attorney Brandon Fox said that the sentencing of Sexton was not the end of the story when it came to pursuing civil rights violations and corruption inside the Los Angeles County Sheriff’s Department. He ticked off some of the trials of other LASD members that will take place in 2015. “This is the end of one chapter,” Fox said, “but we have many chapters yet to come.”

As to whether the feds are focusing on other department members for possible future indictments, Fox would only say “it’s an ongoing investigation.”

Fox also declined comment on the news that Captain Tom Carey, the former head of the department’s internal criminal investigative unit, ICIB, had recently been relieved of duty, pending an LASD investigation. Carey, who testified in both Sexton’s trials, was asked by Fox when he was then on the stand if he was aware that he was the focus of an ongoing criminal federal investigation.

Sexton will surrender to authorities to begin his sentence on February 2015. His six co-defendents are required to surrender on January 2.

Sexton reportedly has made plans to appeal his conviction.


Be sure to read ABC7 Lisa Bartley’s excellent account of Monday’s proceedings. Bartley has also linked to some documents pertinent to the sentencing including letters of support from such people as an L.A. County Deputy District Attorney, a retired CIA official, a Captain in the U.S. Special Forces, a Green Beret and the President of the Southern Christian Leadership Conference.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Sheriff Lee Baca, U.S. Attorney | 28 Comments »

Federal Profiling Policies, Addressing Incarcerated Kids’ Education Needs, LASD Civilian Oversight…and More

December 9th, 2014 by Taylor Walker

NEW GUIDELINES: WHO (AND WHEN) FEDERAL LAW ENFORCEMENT AGENTS CAN PROFILE

US Attorney General Eric Holder has announced new profiling guidelines for federal law enforcement agencies. Now, federal officers can no longer discriminate based on religion, national origin, gender, sexual orientation and gender identity. Before, only discrimination based on race or ethnicity was banned.

While the move does appear to be a step in the right direction, advocates say it may not make a huge difference in curbing profiling across the nation. For instance, the guidelines are only for federal agencies—not state and local departments, and some of these new rules don’t apply to TSA and border patrol officers.

The LA Times’ Timothy Phelps has some helpful examples of changes the new policy will bring (and things that will not be changed). Here are some clips:

Will the new rules help prevent the kinds of deadly encounters seen recently in Ferguson, Mo., and New York that have left African American men dead at the hands of white police officers?

Not likely. The new guidance applies only to federal law enforcement officers, such as those from the FBI and Justice Department. Local or state police would have to abide by the guidelines only if they were working on a joint task force with federal officers.

But Justice Department officials said Atty. Gen. Eric H. Holder Jr. is hopeful that the federal guidelines will become a nationwide model that is eventually embraced by local law enforcement as well.

[SNIP]

Can federal law enforcement investigate someone simply because they are gay or lesbian?

No. For the first time, sexual orientation and gender identity are protected in the anti-profiling guidelines. Gay rights advocates have praised the new language.

Does the new policy apply to terrorism and national security cases?

In theory, yes. The new guidance revoked the national security exemption that had existed under the old rules.

But like border agents, the FBI and other agencies that investigate terrorism argued that profiling was sometimes needed to protect the nation. Civil rights lawyers say other provisions in the rules appear to permit certain kinds of profiling in the name of national security.

The new guidance specifically allows the FBI and other federal law enforcement to continue to “map” communities, focusing their investigations on neighborhoods or communities based, for example, on religion or national origin. Also, some critics of the new rules are concerned that Holder was noncommittal Monday when asked whether the FBI field manual would be updated to reflect the new guidance, raising questions about whether federal agents will change their behavior.


ANOTHER DOJ ANNOUNCEMENT (WITH THE DEPT. OF EDUCATION): EDUCATION FOR CONFINED KIDS

On Monday, AG Eric Holder also announced, with the U.S. Secretary of Education Arne Duncan, a new Correctional Education Guidance Package to help states and local agencies provide better education services to locked up kids. The package comes as a result of President Barack Obama’s My Brother’s Keeper initiative aimed at improving outcomes for boys and young men of color.

The package instructs juvenile facilities to provide boys and girls with equal access to education programs, end discriminatory discipline practices, and better serve the education needs of english-learning kids.

Evie Blad has more on the new guidance in a story for Education Week. Here’s a clip:

The guidance consists of “Dear Colleague” letters that outline the education obligations of juvenile justice residential facilities under federal civil rights laws, clarify that many confined youth are eligible for federal Pell grants for higher education, and specify facilities’ obligations under the Individuals with Disabilities Education Act. The agencies’ also released a set of “guiding principles” for providing education in juvenile justice settings.

The package includes a special focus on issues that are especially relevant to education in juvenile justice settings, including coordination with schools as students transition in and out of their care, use of highly qualified and credentialed teachers, promoting a positive and safe climate for learning, and identifying special education needs.

“Although the overall number of youth involved in the juvenile justice system has been decreasing, there are still more than 60,000 young people in juvenile justice residential facilities in the United States on any given day,” Catherine E. Lhamon, the Education Department’s assistant secretary for civil rights, and Vanita Gupta, the acting assistant attorney general for civil rights, wrote in the guidance.

Holder noted that the agencies released the guidance at a time of “growing national dialogue about ensuring that America’s justice system serves everyone equally.” Youth in detention facilities are sometimes recipients of inadequate instruction or no instruction at all, Holder said, calling such experiences “unacceptable failures” and “lost opportunities.”


LASD CIVILIAN OVERSIGHT VOTE MAY COME TODAY

Today (Tuesday), the LA County Board of Supervisors is expected to vote on the creation of a permanent citizens’ oversight commission for the Los Angeles Sheriff’s Department. The motion, previously submitted by Mark Ridley-Thomas and termed-out Gloria Molina, was rejected by the board. (Ridley-Thomas has championed the idea for more than two years.) Now, Ridley-Thomas and new Supervisor Hilda Solis have reintroduced the proposal. And new 3rd District Supervisor Sheila Kuehl has said before that she will support civilian oversight.

An LA Times editorial urges the board to approve the motion. Here’s how it opens:

New leaders bring fresh perspectives, so there is reason to believe that Los Angeles County government will be reinvigorated by the four officials who took office earlier this month. But sometimes it’s not enough to change faces and ideas; the structure of government itself needs an occasional shake-up. So it’s doubly heartening that the reconstituted Board of Supervisors on Tuesday will take up the idea of a citizens commission to oversee the Sheriff’s Department. The action is overdue.

Sheriffs are directly elected by county voters, affording a level of independence so great that it sometimes veers into unaccountability. That was part of the problem with former Sheriff Lee Baca, whom voters returned to office repeatedly while he presided over a department in which management breakdowns led to inmate abuse in the jails and other critical and costly problems. For years, voters had too limited a view into the department to know of its failings; the Board of Supervisors had too many other things on its plate to adequately spotlight them; and outside monitors who had access and knowledge had no public forum at which to share them.

To address that structural shortcoming, new Sheriff Jim McDonnell supports the creation of a citizens oversight commission — a panel to scrutinize the department’s actions and operations and report on its findings in a public setting. A divided Board of Supervisors rejected such an idea in August but one of its new members, Hilda Solis, has joined with Mark Ridley-Thomas to reintroduce it. New Supervisor Sheila Kuehl noted numerous times on the campaign trail that she, too, is in favor.

(The Long Beach Press-Telegram editorial board is also calling for civilian oversight.)


CONVERSATION ABOUT SPECIAL PROSECUTORS BUILDS IN THE WAKE OF NON-INDICTMENT OVER ERIC GARNER DEATH

Advocates as well as New York officials and lawmakers—like state Attorney General Eric Schneiderman and New York Public Advocate Letitia James—are pushing for cases involving death at the hands of law enforcement officers to be handled by independent state prosecutors. The calls became more urgent after a grand jury did not indict NYPD officer Daniel Pantaleo in the chokehold death of Eric Garner.

The AP’s Jennifer Peltz has more on the complicated issue. Here are some clips:

The city’s elected public advocate and some state lawmakers are pressing for appointing special state prosecutors for police killings, saying Eric Garner’s death has bared problems with having DAs lead investigations and prosecutions of the police who help them build cases. State Attorney General Eric Schneiderman asked Gov. Andrew Cuomo on Monday to give Schneiderman’s office the authority to investigate deaths at the hands of police.

Similar legislation has been proposed in Missouri since the police shooting of an unarmed 18-year-old in Ferguson.

“This is a watershed moment,” New York Public Advocate Letitia James said by phone. “It’s clear that the system is broken and an independent prosecutor is needed.”

She’s advocating appointing such prosecutors whenever police kill or seriously injure someone. Assemblymen Karim Camara and Marcos Crespo are proposing special prosecutors for police killings of unarmed people.

Cuomo said last week on CNN’s “The Situation Room with Wolf Blitzer” that the state should examine whether DAs should bring such cases and “potential roles for special prosecutors,” as part of a broad look at the criminal justice system.

[SNIP]

“There has to be a permanent special prosecutor for police misconduct because of the inherent conflict” in tasking local prosecutors with exploring allegations against the police who are often their partners, said civil rights lawyer Norman Siegel.

But DAs bristle at the implication that they’re too close to police for public comfort.

“Why would the people’s choice to be their elected law enforcement officer be disqualified in favor of some political appointment?” said Onondaga County District Attorney William Fitzpatrick, the Syracuse prosecutor who is president-elect of the National District Attorneys Association.

[SNIP]

Some states have established permanent special prosecutors’ offices for various types of cases. Maryland’s handles everything from election law violations to misconduct by public employees, including police.

But the idea of a special prosecutor specifically for police has a particular history in New York. The state created a state special prosecutor’s office in 1972 to explore police corruption in New York City, responding to the allegations later chronicled in the 1973 film “Serpico”….

The New York Times Editorial Board agrees that an independent prosecutor should be brought in to eliminate possible bias on the part of local DAs who work closely with police. The editorial suggests that law enforcement agencies should welcome such a shift. Here’s how it opens:

It is a long-established and basic reality of law enforcement in America: Prosecutors who want an indictment get an indictment. In 2010 alone, federal prosecutors sought indictments in 162,000 cases. All but 11 times, they succeeded.

Yet the results are entirely different when police officers kill unarmed civilians. In those cases, the officers are almost never prosecuted either because district attorneys do not pursue charges in the first place or grand juries do not indict, as happened most recently in Ferguson, Mo., and Staten Island.

There are various explanations for this, but the most obvious is the inherent conflict of interest that exists for prosecutors, who rely heavily on the police every day. Cops arrest suspects; they investigate crimes; they gather evidence; and they testify in court, working essentially in partnership with prosecutors.

Whether or not bias can be proved in a given case, the public perception of it is real and must be addressed.

The best solution would be a law that automatically transfers to an independent prosecutor all cases in which a civilian is dead at the hands of the police. This would avoid the messy politics of singling out certain district attorneys and taking cases away from them.

The police should be among the strongest supporters of this arrangement because both their authority and their safety are undermined when the communities they work in neither trust them nor believe that they are bound by the same laws as everyone else.

For further recommended reading, Alameda County public defender Seth Morris explains how easy it is to get an indictment. Here’s how it opens (but read the whole thing):

It is, we are told, very hard to get grand jurors to indict police officers — which supposedly explains why Darren Wilson and Daniel Pantaleo walk free, despite the men they killed in Ferguson, Mo., and on Staten Island. But as a public defender, I know exactly what it takes to get an indictment. I could get one in either case. In fact, I am ready and willing to fly to any town in this country to get an indictment in any case where a police officer kills an unarmed civilian. It’s just not that hard.

I’d start by saying this. “A man, a member of our community, has been killed by another. Only a trial court can sort out what exactly happened and what defenses, if any, may apply. I believe in our trial system above all others in the world. I ask for an indictment so that all voices can be heard in a public courtroom with advocates for both sides in front of trial jurors from the community. This room is not the room to end this story. It’s where the story begins.”

I’d do it by asking the grand juries to apply the law to these men as the law demands it be applied — equally. I’d ask them to consider the recent fateful events as the work of ordinary humans, not police officers. I’d explain that the cases are too important to be settled in a secret grand jury room. The lives lost are too valuable to avoid a public trial.

I’d ask them not to consider the defenses the men may raise at trial, because these are irrelevant to the question of indictment. Judges routinely tell my clients — indigent, poor, often young men of color — that they will face trial because probable cause is an exceedingly low standard of proof. All it requires is a suspicion that a crime occurred and a suggestion that the defendant may be responsible for the crime.

Posted in DEA, Department of Justice, District Attorney, FBI, juvenile justice, LA County Board of Supervisors, LASD, law enforcement, LGBT, National issues | No Comments »

Civilian Oversight of LASD Back on the Table….LAPD Union Spokesman Unwisely Axed….Report Looks at Barriers Barring 2nd Chances for Americans With Criminal Records….New Sentencing Date for Sexton

December 5th, 2014 by Celeste Fremon

CIVILIAN OVERSIGHT FOR THE LA SHERIFF’S DEPARTMENT IS PROPOSED AGAIN, THIS TIME APPROVAL LOOKS LIKELY

One brand new member of the LA County Board of Supervisors, Hilda Solis, has joined veteran board member Mark Ridley-Thomas in championing the idea of a civilian oversight commission for the long-troubled sheriff’s department.

Next Tuesday, December 9, Ridley-Thomas and Solis, will introduce a motion to establish such a commission.

This past summer, MRT and termed-out supervisor, Gloria Molina, did all they could to get a similar motion passed without success. At that time, termed-out supe Zev Yaroslavsky was considered the swing vote who might provide the third favorable vote necessary for passage, but no swinging ever took place. Mike Antonovich has been firmly in the NO camp all through discussions of the matter, and Don Knabe, who was, at one time, thought to be a far outside possibility as a swing vote, never came over to the YES column either.

Now, however, Solis and Ridley-Thomas appear to have their third supporter in newly sworn-in supervisor Sheila Kuehl, who had expressed strong support for a civilian commission while on the campaign trail.

Kuehl then reaffirmed her support in an interview on Thursday.

Back in the summer, one of the strongest voices in favor of the creation of the commission was the man who, as of Monday, has taken over the helm of the sheriff’s department, Jim McDonnell. A few weeks prior to the board’s decision to vote down the commission proposal this past August, McDonnell issued a lengthy statement explaining why he supported the idea, which he called “a necessary long-term investment in creating a better-run department.”

The statement read in part:

I support this concept and believe that there is great value in creating an independent civilian oversight body that would enable the voice of the community to be part of the LASD’s pathway forward. A civilian commission can provide an invaluable forum for transparency and accountability, while also restoring and rebuilding community trust in the constitutional operation of the LASD.

The Citizens’ Commission on Jail Violence, on which I served, underscored the need for comprehensive and independent monitoring of the LASD and its jails and recommended the creation of an Office of Inspector General (the “OIG”) – an entity that is now in the process of formation. While our Commission opted not to express any view regarding a civilian commission, I believe that the time has come for the creation of an empowered and independent citizens’ commission to oversee and guide the work of the OIG and help move the Department beyond past problems.

Though a civilian oversight commission may be a new concept for LASD, it is not new to me or to law enforcement in general. Indeed, I spent many of my 29 years at the LAPD working with its citizens’ Police Commission. I have also worked with a citizens’ commission as Chief of Police in Long Beach. I have seen first-hand the value of empowering the community’s voice and welcome the opportunity to work with the Board of Supervisors, legal experts and community groups in developing the best possible model of civilian oversight for the LASD…..

At the time, John Scott—who acted as interim sheriff after the unexpected resignation of former sheriff Lee Baca last January—told ABC7 reporter Robert Holguin that he was generally for the commission but felt it was too soon to form one.

The Ridley-Thomas/Solis motion (which you can read in full here) also proposes the formation of a “working group” that will have 90 days to put together recommendations regarding the citizens commission’s “mission, authority, size, structure, relationship to the Office of the Sheriff and to the Office of the Inspector General.”

(We would presume and hope that the working group would also make recommendations about the proposed commission’s relationship with the board of supervisors. While a citizen’s commission would be the board’s creation, it should not be its creature.)

The working group would be made up of the sheriff (or his designee), the inspector general (or his designee) and one group member to be appointed by each supervisor.

Barring anything unforeseen, look for the civilian oversight commission to finally get a go-head next Tuesday.


LAPD UNION CONFOUNDS OBSERVERS BY DUMPING LONGTIME SPOKESMAN

In a move that has surprised many LA reporters who cover police issues, the LAPD’s union, the Los Angeles Police Protective League, has parted ways with longtime spokesman Eric Rose. A favorite of several administrations worth of department leaders, Rose is known for his breadth of knowledge of local law enforcement, and his ability to communicate with journalists in such a way that has repeatedly benefited both the union and the LAPD.

Most learned about Rose’s departure when he sent out a note early in the morning of Saturday November 29, explaining that Englander Knabe & Allen, the firm in which he is a partner, would no longer be representing the league. Rose has been the voice of the union for 19 years.

The LAPPL’s decision to acquire a new spokesman is viewed by some department watchers as a desperation-driven maneuver by union leadership frantic to find some way to pressure city officials into forking over a new-and-improved contract. (Good luck with that. In July, the department’s rank file rejected a proposed contract because, despite its multiple concessions, it contained no cost-of-living adjustment [COLA]—nevermind that, due to the city’s $242 million budget shortfall, no other city employees were getting COLAs either, including firefighters.)

On Monday, Daily News columnist Rick Orlov called the LAPPL’s action “another sign of its recent internal strife.”


REPORT CALLS FOR POLICY REFORM TO ENSURE AMERICANS WITH CRIMINAL RECORDS HAVE “A FAIR SHOT AT A SECOND CHANCE.”

A just-released report by the Center for American Progress called One Strike and You’re Out: How We Can Eliminate Barriers to Economic Security and Mobility for People with Criminal Records looks at the multiplicity of ways that a single criminal conviction, even for a minor offense, can permanently damage an individual’s ability to rebuild his or her life even years after release from jail or prison.

Here’s how the report opens:

Between 70 million and 100 million Americans—or as many as one in three—have a criminal record.

Many have only minor offenses, such as misdemeanors and nonserious infractions; others have only arrests without conviction. Nonetheless, because of the rise of technology and the ease of accessing data via the Internet—–in conjunction with federal and state policy decisions—having even a minor criminal history now carries lifelong barriers that can block successful re-entry and participation in society. This has broad implications—not only for the millions of individuals who are prevented from moving on with their lives and becoming productive citizens but also for their families, communities, and the national economy.

Today, a criminal record serves as both a direct cause and consequence of poverty.

It is a cause because having a criminal record can present obstacles to employment, housing, public assistance, education, family reunification, and more; conviction can result in monetary debts as well. It is a consequence due to the growing criminalization of poverty and homelessness. One recent study finds that our nation’s poverty rate would have dropped by 20 percent between 1980 and 2004 if not for mass incarceration and the subsequent criminal records that haunt people for years after they have paid their debt to society.

Failure to address this link as part of a larger anti-poverty agenda risks missing a major piece of the puzzle….

And there is this:

…The lifelong consequences of having a criminal record—and the stigma that accompanies one—stand in stark contrast to research on “redemption” that documents that once an individual with a prior nonviolent conviction has stayed crime free for three to four years, that person’s risk of recidivism is no different from the risk of arrest for the general population.

Put differently, people are treated as criminals long after they pose any significant risk of committing further crimes—-making it difficult for many to move on with their lives and achieve basic economic security, let alone have a shot at upward mobility.

The United States must therefore craft policies to ensure that Americans with criminal records have a fair shot at making a decent living, providing for their families, and joining the middle class. This will benefit not only the tens of millions of individuals who face closed doors due to a criminal record but also their families, their communities, and the economy as a whole.

The full report is 50 pages long, and features lots of interesting data, plus a series of recommendations for policy change, so worth reading for those of you with an interest in the topic.


LASD DEPUTY JAMES SEXTON SENTENCING RESCHEDULED FOR DECEMBER 15

Former Los Angeles County Sheriff’s Deputy James Sexton, who was scheduled to be sentenced on December 1, will now be sentenced by Judge Percy Anderson on Monday, December 15.

(Earlier, federal prosecutors had switched Sexton’s sentencing date from this past Monday-–the day that the new sheriff would be sworn in—to December 8th. Then more recently the feds agreed to the second date change at the request of Sexton’s attorneys.)

Sexton, if you’ll remember, was the seventh sworn member of the Los Angeles Sheriff’s Department to be convicted of obstruction of justice charges in connection with the FBI’s investigation into civil rights abuses by sheriff’s deputies inside LA County’s troubled jail system.

Specifically, Sexton was found guilty in mid-September of this year of charges of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Anthony Brown from his FBI handlers.

The September trial was the second time that Deputy Sexton had been tried for the same charges. His first go-round, which took place in May of this year, resulted in a hung jury, that split six-six.

The other six department members, who were sentenced in late September, received sentences by Judge Anderson that ranged from 21 months to 41 months, with an additional year of superversion after their release.

The six are required to surrender for their terms on January 2.

If Sexton is sentenced to prison, he is expected to be asked to surrender within a similar time frame.

Posted in FBI, LAPD, LAPPL, LASD, Sheriff John Scott, U.S. Attorney | 16 Comments »

Sheriff-Elect McDonnell & Others Speak on Ferguson… And Lots More

November 24th, 2014 by Celeste Fremon


Here are a few of the early reactions to the news Monday night
that a Missouri grand jury decided not to indict Ferguson Officer Darren Wilson in the August 9 shooting death of Michael Brown

LA COUNTY SHERIFF-ELECT JIM MCDONNELL

The frustration we have seen in Ferguson, Missouri demonstrates what can happen when a divide develops between government — through one of its most vital agents, law enforcement — and the community it serves. It is why community policing and engagement must not merely be something we do, but rather it must be who we are and how we operate every day.

The Grand Jury in Ferguson, Missouri has spoken. Yet a community is still fractured and many lives are forever and irreparably impacted.

I urge those who may be disappointed by today’s decision to nonetheless respect the outcome and processes of our legal system. The greatness of our nation comes from our ability to come together peacefully and lawfully, to speak up about what is on our minds, and to respect one another…..

As the incoming Sheriff of Los Angeles County, I will continue to focus, as I have throughout my career, on strengthening lines of communication and fortifying trust between communities and law enforcement….

AUTHOR OF “THE NEW JIM CROW” MICHELLE ALEXANDER

As we await the grand jury’s decision, I want to take this opportunity to say thank you — a deep, heart-wrenching thank you — to all the organizers and activists who took to the streets following Michael Brown’s killing and who refused to stop marching, raising their voices, and crying out for justice. It is because of them — their courage, boldness, vision and stamina — that the world is paying attention to what is happening in a suburb called Ferguson. The world is not watching because an unarmed black man was killed by the police. That’s not news. What made this police killing different was that the people in Ferguson — particularly the young people — rose up and said We Will Not Take It Any More. Our Lives Matter. Black Lives Matter. And their cry has been heard around the world…..

CONNIE RICE AND THE ADVANCEMENT PROJECT

“Today, the people of Ferguson and caring Americans throughout our country are devastated by the grand jury decision to not indict Officer Darren Wilson in the killing of Mike Brown,” said Advancement Project Co-Director Judith Browne Dianis. “The legal system has failed again to hold someone accountable for the loss of life of an unarmed young Black man. In places throughout the United States, innocent lives are being lost at the hands of those who are supposed to serve and protect us. Mike Brown, Eric Garner and John Crawford are just a small portion of those killed by the police, while countless others have been harassed, injured and criminalized unnecessarily. Efforts for sweeping change will not stop until there is relief for communities of color.”

“The family of Michael Brown deserves an immediate, thorough, and transparent investigation into this shooting,” said Connie Rice, Founding Co-Director of Advancement Project. “This incident should be investigated by the federal government for possible civil rights violations. We also welcome federal action to ensure that civil rights of youth of color and of those protesting Michael Brown’s death are protected in the community of Ferguson.”

Here’s the rest.

MAYOR ERIC GARCETTI

“Michael Brown’s death has ignited deep passions across the nation, and Los Angeles is no exception.

Tonight’s decision is one that will be heatedly debated — but we should do so through dialogue and peaceful action….

OAKLAND CONGRESSWOMAN BARBARA LEE

My heart continues to go out to Michael Brown’s family and community. Like everyone in our community, I am devastated by the senseless murder of yet another young black man,” Lee said. “The deaths of Michael Brown, Trayvon Martin and Oscar Grant, one of my constituents, serve as tragic examples of the senseless murder of young African American men.

We must come together like never before to tackle the systemic, structural and rampant racial bias endemic in our institutions and criminal justice system. We must demand change and work to realize it.


AND IN OTHER NEWS

GOV. BROWN NAMES YOUNG SUPERSTAR LAWYER TO STATE SUPREME COURT

In a surprise move that is very much in keeping with Jerry Brown’s style of choosing unconventional but talented and high profile judicial candidates, on Monday, the governor named 38-year-old Leondra R. Kruger to the California Supreme Court, making her the youngest member of the court in memory. In his Monday statement, Brown called his nominee “a distinguished lawyer and uncommon student of the law” who has won “the respect of eminent jurists, scholars and practitioners alike.”

Interestingly, Kruger, has argued twelve times before the U.S. Supreme court, but has not practiced law in California since 2008. Instead she has spent much of her career as a rising star in the nation’s capital, most recently serving in the U.S. Department of Justice, in the office of legal counsel, prior to that, holding a top position in U.S. solicitor general’s office.

Attorney General Eric Holder stated that Kruger would be “an excellent and thoughtful Supreme Court justice who will serve the people of California with distinction for many years.”

Kruger is only African American on the court since the exit of Janice Rogers Brown in 2005 for a position on the D.C. Court of Appeals.

Howard Mintz of the San Jose Mercury News is one of those who reported on Kruger’s appointment. Here’s a clip from his story:

Here’s a clip:

Defying convention again in his picks for the state’s highest court, Brown on Monday tapped 38-year-old top Obama administration lawyer Leondra Kruger to a vacancy that has been lingering on the Supreme Court since early this year.

Most recently a deputy U.S. attorney general, Kruger would be the state Supreme Court’s first African-American justice since former Justice Janice Rogers Brown moved to a federal appeals court in 2005.

Kruger, a rising legal star already mentioned as a federal appeals court and future U.S. Supreme Court prospect, replaces 73-year-old Justice Joyce Kennard, who retired in April.

The addition of Kruger to a once-aging state Supreme Court represents an unprecedented youth movement – in addition to being the youngest justice in memory, Kruger joins Brown’s two other picks, Mariano-Florentino Cuellar, 42, and Goodwin Liu, 44, in bringing down the court’s average age by decades.

“(The governor’s) recent appointments to the California Supreme Court reflects a realization in Sacramento of something made decades ago in D.C. in connection with the U.S. Supreme Court,” said Shaun Martin, a University of San Diego law professor. “The younger the justices are when they get appointed, the longer they stay there and affect the law.”


FBI RELEASES 2013 STATISTICS FOR OFFICER DEATHS IN LINE OF DUTY, FINDS NUMBER OF OFFICERS CRIMINALLY KILLED SHARPLY DOWN

According to statistics released by the FBI on Monday, 27 law enforcement officers died as a result of felonious acts last year, and 49 officers died in accidents, for a total of 76 officers killed on the job protecting American communities.

The numbers of officers killed as a result of criminal acts by others in 2013 decreased by 22 when compared with the 49 officers feloniously killed in 2012, according to the FBI.

The FBI also looked at five- and 10-year comparisons in number of officers killed on the job by others and found a decrease of 21 felonious deaths compared with five years ago, in 2009, when 48 officers died, and a decrease of 30 felonious deaths compared with 2004′s 57 officers.

Of course, for the friends, colleagues and the families of those 27 officers feloniously by others in 2013, the statistics don’t really matter.


THE ADVERSE AFFECTS OF PRISONS ON COMMUNITY HEALTH

The millions of Americans who cycle through the nation’s courts, jails, and prisons every year experience far higher rates of chronic health problems than found in the general population—including a higher rate of infectious diseases, substance use, serious mental illness, and emotional conditions such as chronic depression.

When prisoners return to their communities—as most eventually do—they bring those problems with them, in many cases, arriving home with a condition that has been exacerbated by their prison stay.

A just released report by the Vera institute of Justice called Life Support: Public Health in the Age of Mass Incarceration takes a deep look at the negative impacts of incarceration on the health of communities.

Here’s the opening of the report’s overview, which gives a good idea of what researchers found.

Here’s how it begins:

Each year, millions of incarcerated people—who experience chronic health conditions, infectious diseases, substance use, and mental illness at much higher rates than the general population—return home from correctional institutions to communities that are already rife with health disparities, violence, and poverty….

For several generations, high rates of incarceration among residents in these communities has further contributed to diminished educational opportunities, fractured family structures, stagnated economic mobility, limited housing options, and restricted access to essential social entitlements

Several factors in today’s policy climate indicate that the political discourse on crime and punishment is swinging away from the punitive, tough-on-crime values that dominated for decades, and that the time is ripe to fundamentally rethink the function of the criminal justice system in ways that can start to address the human toll that mass incarceration has had on communities…..

Here’s a link to the full report.

Posted in California Supreme Court, Community Health, FBI, How Appealing, Jim McDonnell, LASD, law enforcement, mental health, Mental Illness, prison, prison policy, race, race and class, racial justice | 20 Comments »

Innocent Man Freed Amid “A Legacy of Disgrace”….LA Times Pushes for Recordings of Cop Interrogations…..”Chip” Murray Slams Tanaka…Charges Filed Against LA Mom for Kid’s Gun at School

October 16th, 2014 by Celeste Fremon



A CASE OF INNOCENCE, TEENAGERS MAKING FALSE CONFESSIONS AND “A LEGACY OF DISGRACE”

On Wednesday, David McCallum, a 45-year-old Brooklyn man, was freed after spending 29 years locked up for a kidnapping and murder that it has now been found he did not commit, although he and his friend confessed to the crime when they were both 16.

“I was beaten by the officers and I was coerced into making a confession,” McCallum told a parole board in 2012.

When announcing that McCallum and his co-defendant, Willie Stuckey, had been cleared of the killing, Brooklyn District Attorney Kenneth Thompson said grimly, “I inherited a legacy of disgrace with respect to wrongful convictions.”

McCallum called his release “bittersweet” because “I’m walking out alone.” His friend Stucky, while also cleared, had died in prison of a heart attack in 2001.

Oren Yanev of the New York Daily News broke the story of McCallum’s impending release on Tuesday, and had more on the story Wednesday.

Here’s a clip:

Stuckey’s mother, Rosia Nealy, sat in her dead son’s stead and she comforted McCallum as he broke down after the judge announced his exoneration. The two then embraced as some in the jam-packed courtroom cheered and clapped.

[Brooklyn District Attorney] Thompson said there “is not a single piece of evidence” that connected the two suspects to the crime — except for their brief confessions, which prosecutors have now concluded were false.

McCallum and Stuckey were both convicted for the kidnapping and murder of 20-year-old Nathan Blenner and were sentenced to 25 years to life.

McCallum’s lawyer, Oscar Michelen, said he had brought up the case with the conviction integrity unit of ex-DA Charles Hynes, who was defeated a year ago in large part because of the ballooning wrongful convictions scandal.

“Our pursuit of justice for David fell on deaf ears,” he said of the two years or so they’ve been communicating with prosecutors.

“They basically told us, ‘Call us when you find the real killer,’” the lawyer recalled.

Eventually Michelen, along with some of McCallum’s other supporters, did approach the DA’s office with evidence that DNA obtained from a car used in the abduction matched another suspect who had been questioned in 1985 without the defense ever being notified.

McCallum and Stuckey make ten exonerations for Thompson’s office since the Brooklyn DA took office in January— with two of those exonerations issued posthumously.

The video above is a trailer for a documentary about the efforts of famous exoneree, Rubin “Hurricane” Carter, along with the filmmaker and his father, to free McCallum.


LA TIMES SAYS CALIFORNIA LAW NEEDED TO REQUIRE VIDEO RECORDING OF ALL INTERROGATIONS FOR SERIOUS FELONIES

David McCallum, in the story above, was convicted in Brooklyn, New York, not California, but the issue of false confessions leading to wrongful convictions potentially affects every state in the union.

The LA Times editorial board wants California to pass a law requiring video recordings of all interrogations for serious felonies.

Here’s a clip from their editorial on the topic:

The Innocence Project says that over 15 years, 64 of 102 erroneous murder convictions nationwide were based on false confessions. About 22% of all wrongful convictions involved coerced or otherwise improperly obtained confessions.

There’s a simple step that can help address this: Require police to videotape interrogations of suspects in serious felony cases. More than 40 California cities or agencies already do this, including San Diego and San Francisco. (Los Angeles does not.) Federal agents in the Department of Justice began doing so in July. The benefits are clear and laudable: a chance to reduce wrongful convictions, protect police from contrived allegations of abuse or malfeasance and save the expense of defending bad cases.

California has considered this before. The Legislature passed such laws in 2005 and 2007, but Gov. Arnold Schwarzenegger vetoed them because of his fear of constraining police.

[SNIP]

Since 2010, Congress has considered several bills that would have provided matching federal funds to install recording systems, but it has failed to pass them. It should do so.

But even if it doesn’t, the Legislature should work with Gov. Jerry Brown to recraft legislation requiring the recordings. It would protect both the integrity of the criminal justice system and the innocent.


REV. “CHIP” MURRAY WRITES THAT PAUL TANAKA SHOULD NOT BE SHERIFF

Rev. Cecil “Chip” Murray has written an unusually strongly-worded Op Ed for the Los Angeles Sentinel outlining why he feels that former Undersheriff Paul Tanaka should not be the next Los Angeles County Sheriff.

Murray, as you may or may not remember, was the Vice Chair of the Citizen’s Commission for Jail Violence, the blue ribbon panel appointed by the LA County Board of Supervisors to investigate allegations of systemic abuse within the county’s jail system and to recommend reforms.

Now he serves as the John R. Tansey Chair of Christian Ethics in the School of Religion at USC. Yet, he is best known as former pastor of the First African Methodist Episcopal Church (FAME) who in his 27 years at the pulpit, transformed a small congregation of 250 people into a powerhouse 18,000 person church recognized throughout the nation.

Murray writes that he and his fellow CCJV commissioners found their year long process to be “deeply troubling,” which led to his reason for writing the Op Ed.

Here’s a clip from his essay:

…During those hours of testimony, time and time again we were pointed back to the integral role of then-Undersheriff Paul Tanaka, who we heard had little interest in curtailing years of abuse, failed to hold deputies accountable, encouraged LASD personnel to “work in the grey” — on the border of right and wrong — and undercut managers who tried to reign in abuses. Indeed, our report concluded that “the troubling role of [then]-Undersheriff Tanaka cannot be ignored.”

Now, Mr. Tanaka is running for Sheriff and asking the public to ignore or forget the leadership role he had in overseeing the violence and corruption that the Commission uncovered and for which he was eventually forced out of LASD.

While I am not ordinarily vocal in political races, the race for the next Sheriff is too important for me sit on the sidelines. This election is about the future of the LASD and how we treat the men and women of our community and in custody.

[SNIP]

The report issued by the CCJV concluded in no uncertain terms that “Undersheriff Tanaka promoted a culture that tolerated the excessive use of force in the jails.” Our report described in detail how Tanaka “discouraged supervisors from investigating deputy misconduct,” “vetoed efforts” to address the problem of deputy cliques and “encouraged and permitted deputies to circumvent the chain of command.” The report also recounted a system of patronage within LASD that Tanaka created: “many department members believe promotions and assignments are based on loyalty to the Undersheriff” (Tanaka) and “campaign contributions accepted by Tanaka furthered the perception of patronage.” This demonstrably poor judgment and misdirected leadership has continued beyond his tenure at LASD; in his race for Sheriff, Tanaka has accepted a large number of campaign donations from current and former employees of the Sheriff’s Department…..

[SNIP]

All in all, Mr. Tanaka’s “leadership” has resulted in the indictment of over 20 former LASD members, federal convictions and prison sentences of seven of those individuals, and legal costs to the County based on civil lawsuits likely to exceed 200 million dollars. And Mr. Tanaka himself remains the subject of an ongoing federal criminal investigation.


LA CITY ATTORNEY FILES CHARGES AGAINST MOM WHEN SON BRINGS LOADED GUN TO SCHOOL

On May 13 of this year, a 17-year-old at a Van Nuys continuation high school got into a fight with another boy on campus. The next day, he reportedly brought a loaded 45-caliber semiautomatic pistol to school, along with an extra magazine in his backpack, and showed the gun to a friend. School police heard about the weapon recovered the gun and ammo from the kid’s backpack.

The following day, when police executed a warrant at the kid’s home, they reportedly found four other unsecured firearms that belonged to the boy’s mother in places like a bedroom drawer and inside a kitchen cabinet.

On Wednesday of this week, LA’s City Attorney charged the student’s mother with four criminal counts: allowing a child to carry a firearm off premises, allowing a child to take a gun to school, permitting a child to be in a dangerous situation and contributing to the delinquency of a minor—counts that each could carry a maximum sentence of a year in jail.

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

City Attorney Mike Feuer called a press conference to announce charges against Leah Wilcken, 41, for failing to safely secure a semi-automatic handgun that her 17-year-old son took to Will Rodgers Continuation School in May.

“It has to be the case that when a parent sends their child to school, they do not fear that another child is going to have a weapon on campus,” Feuer said.

Feuer described the charges as the first ever filed in Los Angeles against a parent whose child took a gun to school. But KPCC found records of a 1995 case in which former City Attorney James K. Hahn filed similar charges against a Panorama City woman after her 9-year-old daughter took a gun to her elementary school and fired it on the playground.

California law requires weapons to be safely stored. Anyone who keeps a loaded firearm where children under 18 years can obtain it is required to store the firearm in a locked container or with a locking device that keeps it from functioning, according to state law….

According to the Kate Mather and Richard Winton of the LA Times, who also reported the story, an attorney who is a representative of the NRA thought the “charges seem inappropriate.”

Posted in 2014 election, elections, FBI, guns, Innocence, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Paul Tanaka, Sentencing, Sheriff Lee Baca | 3 Comments »

ABC 7 Obtains Evidence From LASD Obstruction Trial…In Depth on California’s Sex Trafficked Children…3 Roads Out of Foster Care….& More

October 15th, 2014 by Celeste Fremon


ABC7 SHOWS WHAT THE JURY HEARD & SAWA IN LASD OBSTRUCTION OF JUSTICE TRIALS

The video that shows Sergeants Scott Craig and Maricella Long confronting FBI Special Agent Leah Marx outside her home and threatening her with arrest in September 2011, (even though they never intended to arrest her) was one of the pieces of evidence that resulted in felony convictions for the two sergeants and for four other former members of the Los Angeles Sheriff’s Department. (All six are expected to surrender for their respective prison terms on January 4.)

ABC7 News has obtained that video plus various other recordings and documents that were considered crucial to the jury’s guilty verdict.

Here are a couple of clips from the excellent expanded web version of Tuesday night’s story by investigative producer Lisa Bartley.

By late September 2011, a Los Angeles County Sheriff’s Department “Special Operations Group” had FBI Agent Leah Marx under surveillance for more than two weeks. Her partner, FBI Agent David Lam, was under surveillance as well.

“Locate target and establish lifestyle,” reads the surveillance order for Agent Lam.

Surveillance logs on Agent Marx turned up nothing more nefarious than the young agent picking up after her medium-sized brown and white dog. The surveillance team notes in its report that the dog went “#2″.

It’s highly unusual for a local law enforcement agency to investigate and conduct surveillance on FBI agents, but this is an incredibly unusual case. Seven former deputies, sergeants and lieutenants stand convicted of conspiracy and obstruction of justice for their roles in trying to block a federal investigation into brutality and corruption in L.A. County Jails.

[LARGE SNIP]

Lying to the FBI is a crime, as Sgt. Craig would soon find out. Marx was not “a named suspect in a felony complaint” and Craig knew he could not arrest the FBI agent for her role in the FBI’s undercover operation at Men’s Central Jail. The FBI sting included smuggling a contraband cell phone into inmate-turned-FBI informant Anthony Brown through a corrupt sheriff’s deputy who accepted a cash bribe from an undercover FBI agent.

Craig did not have probable cause to arrest Marx because the contraband phone was part of a legitimate, authorized FBI investigation. No less than the head of the FBI’s Los Angeles Field Office had told then-Sheriff Lee Baca that himself more than a month before the threat to arrest Agent Marx.

The federal judge who oversaw all three trials delivered a harsh rebuke to six of the defendants at their sentencing last month.

Judge Percy Anderson: “Perhaps it’s a symptom of the corrupt culture within the Sheriff’s Department, but one of the most striking things aside from the brazenness of threatening to arrest an FBI agent for a crime of simply doing her job and videotaping yourself doing it, is that none of you have shown even the slightest remorse.”

The story also features other evidence such as the audio of Sgt. Long lying to Agent Marx’s FBI supervisor, Special Agent Carlos Narro, when he called to inquire about the arrest threat. (Then, after hanging up, Long appears to laugh with a sort of gloating amusement at Narro’s reaction, as the recorder was still rolling.)

In addition, there are examples of former Lt. Stephen Leavins and Sgt. Craig attempting to convince various witnesses not to cooperate with the FBI—AKA witness tampering.

For the jury—as those of us sitting in the courtroom who heard these and other recording snippets played over and over—the evidence could not help but be very potent.

ABC7′s Bartley has still more, which you can find here.


GONE GIRLS: LA MAG LOOKS AT SEX TRAFFICKING OF CALIFORNIA’S CHILDREN

In the US, California has become a tragic growth area for sex trafficking of children. Out of the nation’s thirteen high intensity child prostitution areas, as identified by the FBI, three of those thirteen are located in California—namely in San Francisco, Los Angeles and San Diego metropolitan areas.

In the November issue of Los Angeles Magazine, Mike Kessler has a terrific, in depth, and very painful story about those who are fighting to help the young victims of repeated rape for the profit of others.

We’ve excerpted Kessler’s important story below.

The sex trafficking of minors, we’ve come—or maybe want—to believe, is limited to developing nations, where wretched poverty leaves girls with few options. But too many children in Los Angeles County know that the sex trade has no borders. They can be runaways fresh off the Greyhound, immigrants from places like Southeast Asia and eastern Europe, aspiring “models” whose “managers” have them convinced that sexual favors are standard operating procedure. Uncovering the sale of children is difficult at best. While some authorities suspect that boys are sexually exploited as often as girls, nobody knows for sure. Boys are rarely pimped, which isn’t the case for girls. And what little law enforcement agencies can track usually happens on the street, at the behest of pimps, albeit in areas that society tends to ignore. In L.A. County that means poor black and Latino neighborhoods such as Watts, Lynwood, Compton, and parts of Long Beach, along with Van Nuys and Pacoima in the San Fernando Valley. “This is the demographic that’s most afflicted,” Kathleen Kim, a professor at Loyola Marymount University’s law school, a member of L.A.’s police commission, and an expert on human trafficking, told me. “It’s a problem among marginalized children.” According to the district attorney’s office, 29 confirmed cases of child sex trafficking were reported in L.A. County in the first quarter of this year. That’s roughly 120 minors sold for sex annually, but, authorities agree, the statistics fall short of reality when there are so many ways to hide the crime.

LAPD Lieutenant Andre Dawson is a 32-year department veteran who, for the past four years, has run an eight-person team dedicated to slowing the commercial sexual exploitation of children, whom he once thought of us prostitutes. Now he sees the kids as the victims they are.

Fifty-six and a year away from retirement, Dawson is six feet three inches, bald, and handsome, with a graying mustache. When I met him on a recent Friday evening, he was sharply dressed in a black Kangol cap, chunky glasses, a collarless white shirt, and dark designer jeans. In his cubicle he keeps binders documenting the lengths to which pimps go to lay claim to the children they sell. There’s a photo of a girl’s chest, the words “King Snipe’s Bitch” tattooed on it. King Snipe, or Leroy Bragg, is in prison now. Girls are stamped in dark ink with their pimp’s nickname, “Cream,” an acronym for “Cash Rules Everything Around Me.” One bears his name on her cheek. The girl was 14 and pregnant at the time she was branded. The burn mark on a different young woman’s back was from an iron applied by her pimp, Dawson said. He brought out a twist of lime-colored wires that was two feet long and as thick as three fingers, duct tape binding them together. “We call this ‘the green monster,’ ” he said. “It’s what one of these pimps used to discipline his girls. He beat one of them so bad, he pulled the skin off of her back.”

Once the sun went down, Dawson draped a Kevlar vest over my torso and drove me through “the tracks,” stretches of city streets where money is exchanged for sex. They’re also known collectively as “the blade,” owing to the risks one takes when walking them. Threading his SUV through the crush of downtown traffic, he recounted how he used to regard the kids he arrested as willing participants. They were defiant toward police, he said. Invariably the girls protected their pimps and went back to the streets. But as he talked to child advocates, he came to the realization that most of the kids lacked the emotional maturity to know they were being abused. “The chain is around the brain,” he said, passing the big airplane by the science museum at Fig and Expo. “The more I work with this population, the more I understand that 12- and 13-year-old girls don’t just call each other up and say, ‘Hey, let’s go out prostituting.’ They’re not just using bad judgment. They’re doing it because they’re desperate for love or money or both. They think they’re getting what they can’t get somewhere else.” Even more tragic, Dawson said, is that “these girls think the pimp hasn’t done anything wrong.”

While poverty, parentlessness, and crushingly low self-esteem are all factors, there’s another reason so many kids wind up in “the game,” or, as some call it, “the life”: Dawson estimates “nine-and-a-half or ten out of ten” of the girls he encounters were victims of sexual abuse that began long before they turned their first trick. I asked him how many adult prostitutes he encounters started when they were underage. “Ninety-nine percent,” he said. “It’s all they’ve known.”

Kessler met up with LA County Supervisor Don Knabe in Washington D.C. when Knabe—who says he has grandchildren the age of some of the sex trafficking victims—was working to shake loose federal dollars to fund some of LA County’s programs, like LA’s STAR Court (that WLA posted about here), that prevent underage girls from being bought and sold for sex. The supervisor brought with him a trafficking survivor, who predictably had more of an affect on the D.C. crowd at a press conference on the topic, than the gathered politicians.

Knabe has been a vocal supporter of California legislation introduced by Republican state senator Bob Huff, of Diamond Bar, and Democrat Ted Lieu, of Torrance. Their “War on Child Sex Trafficking” package consists of bills that would make it easier for law enforcement agencies to obtain wiretap warrants on suspected pimps and list pimping as an official gang activity, since pimps often have gang affiliations and sentences can be stiffened for crimes committed by members. Consequently Governor Jerry Brown this year created a CSEC budget of $5 million, which will go toward training and services; next year that budget will jump to $14 million. At the federal level Knabe has been a point man for Democratic Representative Karen Bass, whose district encompasses several South L.A. County neighborhoods, and for Texas Republican Congressman Ted Poe, both of whom are pushing tough-on-trafficking legislation.

Knabe had brought Jessica Midkiff, the survivor I’d met at the diner in L.A., to D.C. for the press conference. After the supervisor spoke, she took the microphone and addressed the 30 or so reporters in the room. Choking back her nervousness, she said, “I was exploited beginning at the age of 11 and was arrested several times across the United States before the age of 21. For a lot of young women like me, trauma began at an early age. Before the commercial sexual exploitation, abuse was a major factor in most of our childhoods. In my case, I was raped, beaten, and mentally abused from 3 to 11 years old by a number of men.” She made no effort to conceal the blot of ink on her neck, the indecipherable result of one pimp’s tattoo being covered by another’s over the course of a decade. She spoke of the violence and coercion, the desperation and loneliness that victims suffer, the cruelty of pimps and the ubiquity of johns. “Our buyers can be members of law enforcement, doctors, lawyers, and business owners,” Jessica said. “Why would anybody believe us?” One of her johns, she added, was an administrator at a school she attended “who followed, stalked, and harassed me to get into his car” when he was “in his forties and I was only 14 years old.”

During the Q&A afterward, a reporter asked what Jessica or her pimps charged for their services. She demurred at first. Asked again a few minutes later, she reluctantly said, “It starts at 50 dollars and moves its way up to a couple hundred and even thousands. The younger the child, the higher the cost.”

There’s lots more to the story, so be sure to read on.


THREE BROTHERS & THREE VERY DIFFERENT TALES OF THE FOSTER CARE SYSTEM

On a Sunday in 2006, three brothers escaped from the home of their alcoholic, abusive grandmother. (Their mother was a drug addict so they no longer lived with her.) A month later, social services showed up at their sister’s door and took the three boys—Matt, 14, Terrick, 12, and Joseph, 11—into the foster care system. A social worker told them they would not be separated. The promise turned out not to be true.

Brian Rinker of the Chronicle of Social Change looks at the experiences and subsequent paths of each of the three boys, and what those paths say about the foster care system in California.

Here’s a clip:

They stashed a black plastic garbage bag full of clothes next to a dumpster outside their grandmother’s apartment in Whittier, California, and wore extra socks, shirts and pants underneath their church outfits. Their older sister, 23, would pick them up at a nearby Burger King. From there, according to the brothers, she would whisk them away and raise them as her own.

So instead of stepping onto that church bus as they had done every week past, the Bakhit brothers walked to Burger King praying that whatever lay ahead was better than what they left behind.

Matt, the eldest, was the mastermind. At 14, a wrestler and high school freshman, Matt said living in the strict, abusive home stifled his maturity. How could he grow into a man?

“My grandma, over any little thing, would pull my pants down and whoop me with a belt,” Matt, now 22, said in an interview.

But freedom from his abusive grandmother didn’t mean an end to his and his brothers’ hardships.

Child protection intervened less than a month later at their sister’s San Diego home. The brothers remember a social worker telling them they would not be separated. They packed their belongings once again into plastic bags and piled into the social worker’s car. The brothers cried.

Despite the promise, 20 minutes later the social worker dropped Matt off at a foster home. Terrick and Joseph were taken to the Polinsky Children’s Center, a 24-hour emergency shelter in San Diego for kids without a home, or as Joseph calls it, “purgatory.”

[BIG SNIP]

The tale of the brothers Bakhit exemplifies the strengths and weaknesses of a foster care system struggling to care for thousands of abused and neglected children. The same system that nurtured Joseph also alienated Matt, and lost Terrick to the juvenile justice system, which cut him from foster care and cast him out on the streets: broke, hungry and with nowhere to go.

[SNIP]

Despite a traumatic childhood, Joseph, the youngest, now 19, grew up a success by most standards. He graduated as valedictorian from San Pasqual Academy, a residential school for foster youth. The academy gave him a car: a black 2008 Toyota Scion XD.

When he got accepted to UC Berkeley, scholarships and financial aid available only to foster youth paid his full ride. And because of a 2010 law extending foster care to age 21, he gets a $838 check every month until age 21.

Now in his second year of college, Joseph works at a dorm cafeteria and is engaged to his high school sweetheart.

Terrick and Matt’s experience was totally different.

By the time Joseph graduated from high school, Terrick and Matt were homeless on the streets of downtown San Diego….

Read on.


AZ PRISONS & JAILS CAN NO LONGER PEPPER SPRAY SCHIZOPHRENICS FOR ANY OLD REASON…AND OTHER SETTLEMENT TERMS

Across the nation, 45 percent of those in solitary confinement are mentally ill, notes Shane Bauer, of Mother Jones Magazine in a story about a class action lawsuit brought by the ACLU, the Prison Law Office, and by inmates at 10 of Arizona’s state prisons, which reached a settlement Tuesday with the Arizona Department of Corrections today to improve health care—including mental health care—and solitary confinement conditions in Arizona’s prisons.

Here’s a clip from Bauer’s story about the settlement:

The lawsuit, which has been going on for two years, won concessions that would seem to be common sense. Prison guards, for example, now can’t pepper spray severely mentally ill prisoners unless they are preventing serious injury or escape. And while these types of inmates were previously let out of their solitary cells for just six hours a week, the settlement requires Arizona to let them out for at least 19 hours a week. With some exceptions for the most dangerous, this time will now be shared with other prisoners, and will include mental health treatment and other programming.

People like this—–the schizophrenic, the psychotic, the suicidal—–are not a small portion of the 80,000 people we have in solitary confinement in the US today. According the National Alliance on Mental Illness, 45 percent of people in solitary have severe mental illnesses. The country’s three largest mental health care providers are jails.

Tim Hull of the Courthouse News also has a story on Tuesday’s settlement that even requires Arizona to pay $5 million in attorneys’ fees.

Posted in Board of Supervisors, crime and punishment, FBI, Foster Care, LA County Board of Supervisors, LA County Jail, LASD, mental health, Paul Tanaka, prison policy, Sheriff Lee Baca, The Feds, U.S. Attorney | 44 Comments »

LASD: a “Toxic Culture” or a “Few Bad Actors”…..Eric Holder Replacement…..A Head Start Program That’s Trauma Smart…Long Beach Police Chief’s Dealings With Officer Involved Shootings

September 26th, 2014 by Celeste Fremon


DO THE RECENT SENTENCES OF THE LASD SIX POINT TO A “TOXIC CULTURE” IN NEED OF REFORM OR A “FEW BAD ACTORS”…?

A new LA Times editorial rightly points out that— contrary to what Sheriff John Scott has apparently said—”the sentencing Tuesday and likely imprisonment of six sworn Los Angeles County sheriff’s deputies, sergeants and lieutenants does not reflect merely the actions of a ‘few’ bad actors.”

The Times’ statement—which is really a rather sizable understatement—also applies to the rest of the 21 indicted department members, whose cases, which primarily involve brutality and corruption in the jails, will be coming to trial later this year and early next year. Those indictments do not represent “a few bad actors” either.

When the six, who were just sentenced this week, were convicted of obstruction of justice last July, then U.S. Attorney Andre Birotte talked about “criminal conduct and a toxic culture” inside the Los Angeles Sheriff’s Department that the convictions represented.

“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.”

Yet while all this tarnishing was going on, someone—or more accurately several someones—gave the various orders that resulted in hiding a federal informant, threatening an FBI agent, and intimidating witnesses in a federal investigation. Furthermore, it was a deeply-entrenched culture of arrogance, everyday corruption, and a venomous us-against-them contempt for anyone outside certain favored circles—a culture that had, for years, emanated from the LASD’s highest levels—which made orders to obstruct justice seem perfectly natural to seasoned department members who should have known better.

It was that same psychological environment—which U.S. District Court Judge Percy Anderson labeled a “corrupt culture” on Tuesday as he handed out sentences—that allowed for the actions of those who have been indicted and will likely be convicted for allegedly blithely brutalizing jail inmates and visitors. After all, such behavior had long carried with it little threat of adverse consequences. In fact, some of those in charge even signaled tacit approval.

Here’s more of what the Times wrote:

They earned their sentences; but as obstructors rather than defenders of justice, they were not self-taught. They operated within an ingrained culture of contempt, mismanagement, dishonesty and gratuitous violence. It is important to remember that they were trying to block a probe into the widespread use of excessive force, and that such force has been documented against visitors as well as inmates in Los Angeles County jails. It is important to keep in mind also that the department’s Antelope Valley stations were found to have engaged in patterns and practices of racially based discrimination and unconstitutional stops, searches, seizures and detentions. Settlement talks are ongoing in a lawsuit alleging that top sheriff’s officials condoned a pattern of violence against inmates. A court-appointed monitor is operating under a similar lawsuit alleging mistreatment of mentally ill inmates going back decades, and the U.S. Department of Justice advised the county earlier this year that it too would go to court over treatment of the mentally ill in the jails. Meanwhile, a Times investigation found fluctuating hiring standards that sometimes drop so low as to suggest the department will hire, at times, almost anyone.

In other words, despite the many decent men and women who daily do good, honest, tough-but-fair-minded work as members of the Los Angeles Sheriff’s Department, this is an agency still in deep trouble, and reforming it in any meaningful way is going to be a challenging endeavor.

Which brings us back to the sentences handed out on Tuesday: at the risk of sounding like a broken record, we truly hope that this summer’s convictions are simply the starting point, and that the government’s prosecutors go on to indict some of those who gave the orders that have resulted in six department members losing their careers and—barring some kind of appellate intervention—heading for prison. (More accurately, make that seven department members, counting James Sexton, whose retrial and conviction is another topic altogether, which we’ll discuss at a later time.) Such additional indictments would signal, with more than mere rhetoric, that it is the department’s culture as a whole that needs fixing, not just the actions of 21 individuals.


LISTEN TO WHICH WAY LA? ON TUESDAY’S SENTENCING

Which Way LA? with Warren Olney did a show on Tuesday’s sentencing of the six LASD department members that features Brian Moriguchi, president of Professional Peace Officers’ Association (PPOA), and Peter Eliasberg, legal director for the Southern California ACLU. It’s definitely worth a listen.



ERIC HOLDER RESIGNATION: WHO WILL COME AFTER AND WILL THEY PAY ATTENTION TO JUVENILE JUSTICE & SENTENCING REFORM?

Attorney General Eric Holder’s surprise announcement Thursday of his resignation has many speculating who will replace him.

For justice activists Holder has been a mixed bag. They point to his unwillingness to prosecute “too big to jail” banks and others responsible for the 2008 financial crisis, and his support of government spying, and the like.

Yet in the last few years, Holder has become very active in the criminal justice reform arena, particularly when it comes to disparities in sentencing, and issues of juvenile justice.

So, as the speculation revs up about who will replace Holder, activists are preemptively worrying that many of the justice reforms Holder has recently supported, will not be a priority for his successor.

Interestingly, Yahoo News and CNN put Kamala Harris on their list of possibles, while the New York Times did not. (Thursday, Harris issued a statement saying she intends to stay in California.)

Here are the Wall Street Journal’s picks, which also include Harris. And here’s USA Today.

We will, of course, be keeping an eye on the matter of Holder’s replacement—with justice issues in mind—as it unfolds.


A HEAD START & TRAUMA SMART PRESCHOOL PROGRAM HELPS KEEP STRUGGLING KIDS IN SCHOOL

Some kids are so adversely affected by trauma at an early age that when they show up at preschool they have trouble behaving appropriately. In the past, teachers tended to expel such acting out-prone children from preschool programs, not always out of lack of compassion, but because they simply didn’t know what else to do.

Then in 2005, a study startled educators by showing that preschool kids were three times more far more likely to be suspended or expelled than those in any of the K-12 grades—numbers that have continued to worsen in the years since.

Recently, however, certain preschool programs around the country have begun experimenting with methods that address the causes of trauma-based behaviors in young children that, in the past, risked derailing a three or four-year-old’s academic future before it ever started.

The PBS Newshour with host Judy Woodruff and correspondant Molly Knight-Raskin looked at one such program last July. And, as we were surveying this year’s important stories on the issue of childhood trauma, we decided that this show was too important to miss.

Here are some clips:

Every year, thousands of children in this country are expelled from school before they reach kindergarten. In fact, studies show that preschool children are expelled at significantly rates than those in kindergarten through 12th grade.

Special correspondent Molly Knight Raskin reports on a program in Kansas City, Missouri, that’s trying to stem this trend by looking beyond the classroom to the issues these kids face at home.

MOLLY KNIGHT RASKIN: In many ways, Desiree Kazee, is a typical 5-year-old girl. She’s bubbly, bright and affectionate. Her favorite color is pink. And she enjoys drawing and dancing.

But, two years ago, when Desiree began preschool at a Head Start program near her home in Liberty, Missouri, she didn’t seem to enjoy much of anything.

[SNIP]

MOLLY KNIGHT RASKIN: Janine Hron is the CEO of Crittenton Children’s Center, a psychiatrist hospital in Kansas City. In 2008, Hron and her team developed Head Start Trauma Smart, an innovative program that evidence-based trauma therapy into Head Start classrooms.

The program was created in response to the pervasiveness of trauma in the Kansas City area. Of the 4,000 kids in Head Start, 50 percent have experienced more than three traumatic events.

JANINE HRON: This is not a one-and-done kind of a bad experience. This happens over and over and over, and it becomes rather a lifestyle of trauma.

MOLLY KNIGHT RASKIN: Studies show that one in four preschool-age children experience a traumatic event by the start of kindergarten. Because so many of these children respond to traumatic stress by acting out, they prove a challenge to teachers and caregivers, who find that traditional methods of, like scolding them or putting them in a time-out, don’t work. In fact, these methods often makes things worse, leading to suspension or expulsion.

Avis Smith, a licensed social work at Crittenton, explains why.

AVIS SMITH, Crittenton Children’s Center: Their behaviors are so extreme, that the adults don’t know how to keep everybody safe….


HOW LONG BEACH POLICE CHIEF AND SHERIFF CANDIDATE MCDONNELL DEALT WITH OFFICER INVOLVED SHOOTINGS

In 2013, 15 people were shot—or shot—at by Long Beach Police officers, a rate that was about twice the average for the city. Community members were very upset. Long Beach Police Chief and candidate for LA County sheriff, Jim McDonnell, was front and center as the man held responsible.

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

Nearly a year after her son was shot and killed by a Long Beach police officer, Shirley Lowery still keeps the urn holding his remains on a makeshift alter on a bar near the back door of her house.

“I was going to deposit his ashes,” Lowery said, “but I just can’t let him go.”

She still can’t sleep well either, her mind racing.

“The other night, I woke up at 3:15 and it was like a recording,” she says. “When he was born, when he learned how to walk, the first time he went snowboarding, the first time he went surfing. It keeps flashing.”

Her son, Johnny Del Real, was one of 15 people Long Beach police officers shot or shot at in 2013— about double the average in the city, records show.

The rash of shootings provoked protests, lawsuits (including Lowery’s current $10 million claim against the city) and questions about the tactics used by the Long Beach Police Department.

At the center of those questions was Jim McDonnell, the current police chief and frontrunner to win the job of Los Angeles County sheriff in the November election.

Darick Simpson, head of the Long Beach Community Action Partnership, said one of the men shot last year was friendly with kids in one of his group’s youth programs.

When Sokha Hor, 22, was critically wounded by police, at first his family was kept from seeing him in the hospital. Public outrage ensued and a lot of kids in Simpson’s program participated in protests.

But McDonnell and his staff’s willingness to share information – and desire to hear the kids’ side of the story – helped mitigate the tension, Simpson said.

“You know there’s three sides, right? Your side, my side, and the truth of any given story,” he said. “We came to a greater understanding of a truth that diffused an issue that could have been blown up into bigger than what it needed to be.”

McDonnell said he reacted to the spate of 2013 shootings by looking at the evidence in each case. Most involved people who were armed with real or replica weapons.

“To try and say why is one year higher than another year is difficult,” he said. “We look at each officer-involved shooting based on the merits of that shooting. The circumstances that led up to it, the tactics the officers used, the use of force itself. And then what they did after the use of force.”

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca, The Feds, Trauma, U.S. Attorney | 31 Comments »

LA County Sheriff’s Department 6 Sentenced: Terms Range From 21 Months to 41 Months

September 23rd, 2014 by Celeste Fremon


The six members of the Los Angeles Sheriff’s Department—who were convicted in July of obstruction of justice in connection
with their interference in an FBI investigation into brutality and corruption by members of the LASD—were sentenced Tuesday morning by U.S. District Court Judge Percy Anderson.

Although Anderson set the sentences a little lower than those the government requested, he did not lower them by much. He was not going to hand down sentences that “trivialized” the actions of the defendants, Anderson said to the overflow crowd in the courtroom.

“They had a choice between right and wrong,” he said, looking at the defendants, and they “chose to reject” the right choices. “You broke the vow you made to protect the public.”

Andersen also talked about the “corrupt culture in the sheriff’s department,” that he said the defendants’ actions fostered.

“You don’t serve the public by intimidating witnesses, hiding an informant, threatening to arrest an FBI agent for the crime of simply doing her job,” Anderson said.

The defendants acted, he said, “not to further” their own investigation into corruption in the department, “but to stop a federal investigation.”

Such actions, he said, do irreparable harm to the public trust. “It destroys the fabric of our justice system.”

Anderson also made a point of remarking several times that the defendants have shown no regret for their actions.

“None of you have shown the slightest remorse,” he said.

The exact terms are as follows:

Gregory Thompson, 54, a now-retired lieutenant who oversaw LASD’s Operation Safe Jails Program (OSJ): 37 months in prison and a $7,500 fine.
• Lieutenant Stephen Leavins, 52, then assigned to the LASD’s Internal Criminal Investigations Bureau: 41-months in prison.

Gerard Smith, 42, a deputy assigned to OSJ under Thompson: 21 months in prison

Mickey Manzo, 34, a deputy assigned to OSJ also under Thompson: 24-months in prison.

Scott Craig, 50, a sergeant assigned to the Internal Criminal Investigations Bureau (ICIB): 33 months in prison.

Maricela Long, 46, a sergeant also assigned to ICIB: 24 months in federal prison.

Following the completion of their prison sentences, each defendant will serve one year on supervised release.

Anderson also reminded each of the defendants and their attorneys that they had 14 days to file an appeal or the opportunity for appeal will evaporate.

All of the six are required to surrender on January 2, allowing them to spend the holidays with their families.

“Percy Anderson is a judge who is usually not a man of many words,” noted Miriam Aroni Krinsky, the executive director of the Los Angeles County Citizens’ Commission on Jail Violence. Krinsky is herself a former Assistant U.S. Attorney, so she is familiar with Anderson’s manner and moods. In watching him handing down verdicts on Tuesday, she said that the judge seemed unusually affected by what the case signified.

“This was as angry and as troubled as he gets,” she said.

Indeed, after the sentences were delivered, but before he dismissed the crowd, Judge Anderson looked out over those assembled, his expression anything but happy.

“There really are no winners today,” he said.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 79 Comments »

Sentencing Delayed for 6 From LA Sheriff’s Department Convicted of Obstruction of Justice

September 22nd, 2014 by Celeste Fremon



Sentencing has been delayed by one day for the six members of the Los Angeles Sheriff’s Department
who were convicted in early July of obstruction of a federal investigation in connection with hiding FBI informant Anthony Brown from his fed handlers.

The sentencing, by Judge Percy Anderson, of Gerard Smith, Mickey Manzo, Scott Craig, Maricela Long, Stephen Leavins, and Gregory Thompson was to take place on Monday, September 22.

Anderson will now hand down sentences at 9 a.m. Tuesday, September 23.

Posted in FBI, LA County Jail, LASD, The Feds, U.S. Attorney | 9 Comments »

Los Angeles Sheriff’s Deputy James Sexton is Convicted

September 17th, 2014 by Celeste Fremon

On Tuesday afternoon Los Angeles County Sheriff’s Deputy James Sexton was found guilty of obstruction of justice by a jury of seven women and five men.

The verdict was a surprisingly swift one. After closing arguments for the four-and-a-half-day trial, the jury left Judge Percy Anderson’s courtroom a few minutes after the noon hour Tuesday to begin deliberation, and returned with their decision at around 2:20 p.m. that same day.

Deputy Sexton—a former eagle scout with a West Point appointment who once interned for Vice President Joe Biden and was recently awarded a master’s degree at the University of Southern California—was 25 years-old and three years out of the sheriff’s academy when the events resulting in the charges against him took place in August and September of 2011. He received Tuesday’s news accompanied by his wife, brother, mother and father, plus a contingent of somber-faced LASD deputies, most of whom appeared to be close to Sexton in age.

Sexton’s father, Ted Sexton, a long-time former sheriff of Tuscaloosa County, Alabama, moved to Los Angeles in 2013 to work for Lee Baca and the LASD when the scandal-beleaguered Baca had fallen out with his once-close undersheriff, Paul Tanaka, and reportedly was desperate to hire someone whom he felt he could trust.

James Sexton is the seventh LASD sworn officer to be found guilty of obstruction of justice in connection with the FBI’s investigation into civil rights abuses by sheriff’s deputies inside LA County’s troubled jail system.

Specifically, Sexton was found guilty of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Anthony Brown from his FBI handlers.

The trial that culminated Tuesday, was the second time that Deputy Sexton was tried for the same charges. His first go-round, which took place in May of this year, resulted in a hung jury, that split six-six.”

Paul Tanaka, who testified at both of Sexton’s trials and is running for sheriff, is believed to still be the subject of an ongoing criminal investigation by the FBI and the U.S. Attorney’s office.

When asked about the significance of Sexton’s conviction, government prosecutor Brandon Fox said that the verdict showed that, “…no matter if you’re low or high in the rank, if you commit a crime, the jury’s going to hold you liable for that crime. It’s not an excuse to say, ‘I was just this low level guy and other people told me to do this. And I didn’t exercise my own judgement.’

“I think something that all these convictions mean,” Fox said, is that its not okay to simply remain silent and to not disclose criminal acts that are going on. The thin blue line does not benefit anybody.”

Sexton, added Fox, confessed in his grand jury testimony to all the crimes of which he was charged.

“One of the differences between this trial and the first trial is that we provided evidence that Mr. Sexton is not a naive junior deputy.”

Of course, part of Sexton’s defense in his first trial had little to do with the following-orders-strategy, but pertained to the fact that he had reportedly cooperated with the FBI for over a year, meeting with federal representatives, either by phone or in person, at least 37 separate times. In this trial, however, most of the references to Sexton’s cooperation were prohibited.

As for those at the other end of the LASD chain of command, like Lee Baca and Paul Tanaka, who arguably issued the orders for whom the now-seven department members have been convicted, Fox declined to comment in any detail, but said he would welcome information from those to whom orders in question were given.

“I think here’s the message: to the extent that you’re following orders if you know that they’re unlawful, you’re going to be charged and if you’re charged you’re going to be convicted and if you’re convicted you should talk to us and tell us if there’s anybody else who ordered what you did.”

Sexton will be sentenced by Judge Percy Anderson on December 1. The other six defendants will be sentenced on Monday, September 22, at 8:30 a.m.


AND IN OTHER LA COUNTY SHERIFF’S DEPARTMENT TRIAL NEWS: THE SEXUAL HARASSMENT TRIAL INVOLVING LASD LT. ANGELA WALTON AND LASD COMMANDER JOSEPH FENNELL, BEGINS WEDNESDAY MORNING

We will have more on that trial later this week.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, The Feds, U.S. Attorney | 26 Comments »

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