Skid Row Shooting Points to Larger Problems…..Attica Dramas, Past & Present…CA Supremes Overturn Sex Offender Housing Law…..Holder’s To Do ListMarch 3rd, 2015 by Celeste Fremon
TWO BODY CAMERAS IN SKID ROW SHOOTING REPORTEDLY OFFER TELLING INFO, AS DEADLY INCIDENT POINTS TO LARGER PROBLEMS, EXPERTS SAY
The above video of Sunday’s fatal shooting of a mentally ill Skid Row man by officers of the Los Angeles Police Department is the original one shot by a bystander that’s gone viral on YouTube, not one of the body cam videos that are expected to play a role in determining what actually happened, and if use of deadly force could have been avoided.
The shooting, which has inevitably sparked controversy, was covered by at least two amateur videos as well as the security camera of the Union Rescue Mission, and two body cameras worn by LAPD officers who activated their devices prior to the action.
While the LAPD has not yet released the body cam videos, LA Times’ Kate Mather and Richard Winton talked to police sources who have reviewed the videos. Here is a clip from the story outlining what Winton and Mather learned:
Footage from body cameras worn by an LAPD officer and a sergeant involved in Sunday’s deadly shooting in downtown’s skid row does not show whether the man reached for an officer’s gun, law enforcement sources said.
But three sources who reviewed the footage from the chest-mounted cameras said the video was still consistent with accounts that the man did grab an officer’s holstered pistol.
One source said an officer is heard on the video shouting “He’s got my gun” multiple times. The footage then shows the officers pulling away from the man as though his actions posed a threat, the sources said.
The sources requested anonymity because they were not allowed to publicly discuss the ongoing investigation into the shooting.
The new information comes a day after an LAPD sergeant and two officers shot and killed a man in downtown’s skid row, an area heavily populated by homeless people.
The LAPD has said the officers were responding to a 911 call about a robbery and that the man tried to fight the officers after they approached him. During the struggle, the LAPD said, the man reached for a probationary officer’s holstered pistol, prompting police to open fire.
In a press conference on Monday, LAPD Chief Charlie Beck showed a still photo from the bystander’s video that appears to show the homeless man reaching for an officer’s weapon. Beck also said that two of the officers involved were among those had received extensive training in dealing with the mentally ill.
Reverend Andy Bales, the highly respected executive director of the nearby Union Rescue Mission, who said he knew the homeless man shot by officers, who called himself “Africa, told reporters that Skid Row is becoming an increasingly difficult area to police due to the influx of homeless from elsewhere in LA County where officials, rather than deal with their own homeless residents, send them to Skid Row. Bales called current conditions the worst he’s seen.
LAPD Officer Deon Joseph, who has been widely praised for his own longterm work on Skid Row, echoed many of Bales’ observations on his Facebook page on Monday regarding the about the newly dire nature of conditions for LA’s homeless. (Joseph was not present at the shooting on Sunday.) The current system “is failing the mentally ill,” he wrote, “it is failing the community they live in, as well as the officers who serve them.”
URM’s Bales went further and strongly recommended far more training for law enforcement, and that the specially trained officers be allowed to take the lead in approaching homeless who are likely mentally ill, while armed officers wait nearby.
The veteran homeless expert told the LA Times columnist Sandy Banks that he’s frequently seen encounters similar to Sunday’s go wrong, “because the officers are all using one hand to protect their guns.”
A BEATDOWN OF AN INMATE INSIDE ATTICA PRISON BY GUARDS WAKES OLD GHOSTS AND RESULTS IN NEW CHARGES—AND A VERY UNEXPECTED SETTLEMENT
Built in the 1930′s, the supermax prison located in Attica, New York, seems to have more than the usual number of ghosts—vivid collective memories that still haunt nearly everyone locked up in or working at the place.
Attica Correctional Facility entered the national lexicon in September 9, 1971 when, after weeks of tension, the inmates rioted and took over the facility, beating a guard fatally in the process. Although guards took most of the prison back within hours, 1,281 convicts retained control of an exercise field called D Yard, where they held 39 prison guards and employees hostage for four days. When negotiations stalled, state police and prison officers launched a disastrous raid on September 13, in which 10 hostages and 29 inmates were killed in an uncontrolled storm of bullets.
A total of 43 people died. That number included the original guard killed by inmates, William Quinn, and three inmates who were beaten to death by other prisoners. The extensive investigation that followed showed that the rest were killed by gunfire, and that the inmates never had access to firearms.
The terrible riot happened nearly 45 years ago. But now a new case of a brutal inmate beatomg by guards has resurrected many of the old ghosts.
A story by Tom Robbins, for both the Marshall Project and the New York Times, investigates the more recent incident, and also looks at it’s psychological resonance with the past.
The story concerns an inmate named George Williams, a 29-year-old African American man from New Jersey who was doing two to four years for robbing two jewelry stores in Manhattan. What happened to Williams occurred around 30 minutes after a noisy verbal exchange between a guard and an inmate, in which the guard swore, and the inmate swore back, then added a disrespectful and obscene suggestion, after the swearing.
Here are some clips detailing what happened next:
Inmates were immediately ordered to retreat to their cells and “lock in.” Thirty minutes later, three officers, led by a sergeant, marched down the corridor. They stopped at the cell of George Williams, a 29-year-old African-American from New Jersey who was serving a sentence of two to four years for robbing two jewelry stores in Manhattan.
Mr. Williams had been transferred to Attica that January following an altercation with other inmates at a different facility. He had just four months to serve before he was to be released. He was doing his best to stay out of trouble. His plan was to go home to New Brunswick and try to find work as a barber. That evening, Mr. Williams remembers, he had been in his cell watching the rap stars Lil Wayne and Young Jeezy on television, and missed the shouting on the cellblock. The guards ordered him to strip for a search and then marched him down the hall to a darkened dayroom used for meetings and classes for what they told him would be a urine test.
Mr. Williams was wondering why a sergeant would be doing the grunt work of conducting an impromptu drug test when, he said, a fist hammered him hard on the right side of his rib cage. He doubled up, collapsing to the floor. More blows rained down. Mr. Williams tried to curl up to protect himself from the pummeling of batons, fists and kicks. Someone jumped on his ankle. He screamed in pain. He opened his eyes to see a guard aiming a kick at his head, as though punting a football. I’m going to die here, he thought.
Inmates in cells across from the dayroom watched the attack, among them a convict named Charles Bisesi, 67, who saw Mr. Williams pitched face-first onto the floor. He saw guards kick Mr. Williams in the head and face, and strike him with their heavy wooden batons. Mr. Bisesi estimated that Mr. Williams had been kicked up to 50 times, and struck with a dozen more blows from nightsticks, thwacks delivered with such force that Mr. Bisesi could hear the thud as wood hit flesh. He also heard Mr. Williams begging for his life, cries loud enough that prisoners two floors below heard them as well.
A couple of minutes after the beating began, one of the guards loudly rapped his baton on the floor. At the signal, more guards rushed upstairs and into the dayroom. Witnesses differed on the number. Some said that as many as 12 officers had plunged into the scrum. Others recalled seeing two or three. All agreed that when they were finished, Mr. Williams could not walk.
His ordeal is the subject of an unprecedented trial scheduled to open on Monday in western New York. Three guards — Sergeant Warner and Officers Rademacher and Swack — face charges stemming from the beating that night. All three have pleaded not guilty. An examination of this case and dozens of others offers a vivid lesson in the intractable culture of prison brutality, especially given the notoriety of Attica…
After the beating ended, an inmate who was across from the dayroom, Maurice Mayfield, watched as an officer stepped on a plastic safety razor and pried out the blade. “We got the weapon,” Mr. Mayfield heard the guard yell.
Mr. Williams was handcuffed and pulled to the top of a staircase. “Walk down or we’ll push you down,” he heard someone say. He could not walk, he answered. His ankle was broken. As he spoke, he was shoved from behind. He plunged down the stairs, crashing onto his shoulder at the bottom. When guards picked him up again, he said, one of them grabbed his head and smashed his face into the wall. He was left there, staring at the splatter of his own blood on the wall in front of him.
An extensive investigation resulted. And on December 13, 2011, a New York state grand jury handed down criminal indictments against four Attica guards.
Inmates at Attica were stunned by the indictments as well. To them, the remarkable thing about the beating Mr. Williams endured that August night was not the cynical way in which it seemed to have been planned, or even the horrific extent of his injuries. What was truly notable was that the story got out, and that officers had been arrested and charged.
“What they did? How they jumped that guy? That was normal,” said a prisoner who has spent more than 20 years inside Attica. “It happens all the time,” he said. That view was echoed in interviews with more than three dozen current and former Attica inmates, many of whom made the rounds of the state’s toughest prisons during their incarceration. They cited Attica as the most fearsome place they had been held, a facility where a small group of correction officers dole out harsh punishment largely with impunity. Those still confined there talked about it with trepidation. If quoted by name, retaliation was certain, they said.
Those now beyond the reach of the batons described life at Attica in detail. Antonio Yarbough, 39, spent 20 years in the prison after being convicted of a multiple murder of which he was exonerated in 2014. Unlike Mr. Williams, Mr. Yarbough could go head-to-head with the biggest of Attica’s guards: He is 6-foot-3 and 250 pounds. But he said that fear of those in charge was a constant. “You’re scared to go to the yard, scared to go to chow. You just stay in your house,” he said, using prison slang for a cell.
That fear was palpable to Soffiyah Elijah when she visited Attica a few months before the beating of Mr. Williams as the Correctional Association’s newly appointed executive director. The organization holds a unique right under state law that allows it to inspect state prisons. “What struck me when I walked the tiers of Attica was that every person, bar none, talked about how the guards were brutalizing them,” Ms. Elijah said. “There are atrocities as well at Clinton and Auburn, but the problem is systemic at Attica.” In 2012, the association began calling for Attica to be shut down. “I believe it’s beyond repair,” Ms. Elijah said.
On Monday, a day after the publication of the above story, the case was unexpectedly settled when three of the guards accused of beating Williams so severely that doctors had to insert a plate and six pins into his leg, each pleaded guilty to a single misdemeanor charge of misconduct. Tom Robbins and Lauren D’Avolio report for the New York Times about the last-minute plea deal that spared the three any jail or prison time in exchange for quitting their jobs.
CALIFORNIA STATE SUPREME COURT RULES AGAINST LAW SEVERELY RESTRICTING WHERE SEX OFFENDERS CAN LIVE
On Monday, in a unanimous decision, the California Supreme Court ruled that the residence restrictions imposed by the the 2006 voter approved Sexual Predator Punishment and Control Act—AKA Jessica’s Law—violate the constitutional protections laid out in the 14th Amendment.
Jessica’s Law prevents registered sex offenders from living within 2000 feet of a school or park where children gather, regardless of whether or not the offenders’ crimes involved children, or if the offender’s crimes suggested he or she posed any kind of credible future threat.
The law was challenged by four sex offender parolees in San Diego County who contended that the restrictions made it nearly impossible to find a place to live, thus undermining public safety by often forcing offenders into homelessness.
Jacob Sullum writing for Reason Magazine has more. Here’s a clip:
The state Supreme Court agreed, noting that the 2,000-foot rule excludes 97 percent of the land zoned for multifamily housing in San Diego County. Writing for the court, Justice Marvin Baxter said such an onerous burden, imposed without individual evaluation, cannot be justified even under the highly deferential “rational basis” test, which requires only that a law be rationally related to a legitimate government interest:
Blanket enforcement of the residency restrictions against these parolees has severely restricted their ability to find housing in compliance with the statute, greatly increased the incidence of homelessness among them, and hindered their access to medical treatment, drug and alcohol dependency services, psychological counseling and other rehabilitative social services available to all parolees, while further hampering the efforts of parole authorities and law enforcement officials to monitor, supervise, and rehabilitate them in the interests of public safety. It thus has infringed their liberty and privacy interests, however limited, while bearing no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and has violated their basic constitutional right to be free of unreasonable, arbitrary, and oppressive official action.
The court said residence restrictions are still permissible as a condition of parole, “as long as they are based on the specific circumstances of each individual parolee.”
The ruling technically only affects San Diego County, but opens up challenges for other California counties, especially those containing large cities.
NEW US AG LYNCH UNLIKELY TO BE CONFIRMED ‘TILL NEXT WEEK, BUT HOLDER HAS A TO DO LIST
While according to Politico, it appears that U.S. Attorney General nominee Loretta Lynch will not be confirmed until next week. (She was nominated by President Obama in November to replace outgoing AG Eric Holder.) In the meantime, however, in the Washington Post, Holder has put forth a four point To Do list of “unfinished business” in the realm of criminal justice. Here are Holder’s big four:
1. RETROACTIVITY ON THE CRACK/POWDER FAIR SENTENCING ACT “First, although Obama signed the Fair Sentencing Act to eliminate a discriminatory 100-to-1 sentencing disparity between crack and powder cocaine, thousands of individuals who committed crimes before 2010 are still serving sentences based on the old ratio. This is unfair. Congress should pass legislation to apply that statute retroactively…”
2. PASS A LAW RESTRICTING MANDATORY MINIMUMS “Second, while the Justice Department has declined to seek harsh mandatory minimum sentences in cases where they are not warranted, we need to codify this approach…”
3. ONCE YOU DO YOUR TIME, YOUR VOTING RIGHTS SHOULD BE RESTORED: “Third, in individual states, legislatures should eliminate statutes that prevent an estimated 5.8 million U.S. citizens from exercising their right to vote because of felony convictions….”
4. OPERATIONAL DRUG COURTS IN EVERY FEDERAL DISTRICT: Finally, we should seek to expand the use of federal drug courts throughout the country for low-level drug offenses. These programs provide proven alternatives to incarceration for men and women who are willing to do the hard work of recovery…