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“Black Girls Matter,” Refugee Camps, Life as a Black Cop, LA Jail Suicides Down

February 9th, 2015 by Taylor Walker

BLACK GIRLS EXPERIENCE AS MUCH (OR MORE) RACIAL INEQUALITY AS BLACK BOYS, BUT DO NOT RECEIVE AS MUCH HELP

In the United States, black girls experience racially disparate school discipline at significantly higher rates than black boys (vs. white girls and white boys). US Department of Education data for the 2011-2012 school year reveals that while black boys are suspended three times more often than their white counterparts, black girls are suspended six times more often than their white peers.

In New York City and Boston, where more black kids are enrolled into the school systems than white kids, the disparity is even more stark. Black girls in NYC and Boston are 10 and 11 times more likely to be suspended than white girls, respectively.

A report from Columbia Law School and the African American Policy Forum, analyzed this data along with personal experiences from interviews with young black girls in New York City and Boston between 2012-2013.

Among other findings of the report, girls felt that zero-tolerance school policies were not conducive to a positive learning environment, and often dissuaded them from attending school altogether. Girls said that increased police and security presence, as well as metal detectors made them feel uncomfortable and less safe. Girls also reported receiving more severe discipline than boys for the same infractions.

A law professor at UCLA and lead author on the report, Kimberlé Crenshaw, said, “As public concern mounts for the needs of men and boys of color through initiatives like the White House’s My Brother’s Keeper, we must challenge the assumption that the lives of girls and women—who are often left out of the national conversation—are not also at risk.”

The report recommends equal funding for supporting girls and women of color as boys and men of color, as well as boosted data collection, research, advocacy, and programs.

Here are clips from a few more of the report’s findings…

The failure of schools to intervene in the sexual harassment and bullying of girls contributes to their insecurity at school:

Participants and stakeholders addressed the consequences of sexually harassing behavior, physical and sexual assault, and bullying. The emphasis on harsh disciplinary measures did little to curb such behavior. In fact, zero-tolerance policies sometimes exacerbated the sense of vulnerability experienced by girls because they feared they would be penalized for defending themselves against aggressive behavior. One participant recalled that her long history of suspensions and expulsions began with what she believed to be an unfair punishment in response to assaultive behavior by a male classmate:

This boy kept spitting those little spitballs through a straw at me while we were taking a test. I told the teacher, and he told him to stop, but he didn’t. He kept on doing it. I yelled at him. He punched me in the face, like my eye. My eye was swollen. I don’t remember if I fought him. That’s how it ended. We both got suspended. I was like, ‘Did I get suspended?’ I was, like, a victim.

Stakeholders observed that teachers were some times unprepared to resolve matters associated with sexually harassing behavior.

It was remarkable how teachers have a culture of sweeping it under the rug. They will say that ‘boys will be boys’; ‘this is sexual awakening.’ Yet they know all the gossip, they know all the stuff that is happening. . . . [T]hey even talked about girls feeling shamed coming to school, like they can’t concentrate because the boys are making comments – lewd comments – constantly pressuring them to have sex with them. Slapping their butts and bras, and just sort of forcing themselves on them against the wall or the locker. . . .

Girls sometimes resort to “acting out” when their counseling needs are overlooked or disregarded:

In environments in which discipline is foregrounded over counseling, girls who seek help in response to traumatic experiences or who have other unmet needs may gain the attention of school personnel only when they “show their face” (act out) in ways that prompt disciplinary intervention:

The only way they’re going to know there’s something wrong with you is if you show your face. If you try . . . to go in there, try to sit there, one on one, they can automatically think you’re there to waste time and not to go to class. It’s like they shutting down on us.

This point was augmented by stakeholders who noted that some of the behavior that triggers the suspension or expulsion of girls may reflect the consequences of untreated trauma. While the problem of undiagnosed needs is not exclusive to girls, their concerns may be harder to address prior to a punishable act:

I think girls tend to not express the trauma . . . and that is a big problem. In the school you focus on the people who are acting out so some are getting their needs met, but this doesn’t mean that those that aren’t acting out are not in need. It plays itself out later on. . .

…and recommendations:

Review and revise policies that funnel girls into the juvenile justice system:

The lack of counseling and other effective conflict intervention strategies leads many girls into contact with the juvenile justice system. Schools should review their current policies and develop more robust measures to ensure that student conflict is not unwarrantedly subjected to criminal sanctions.

Devise programs that identify the signs of sexual victimization in order to support girls who have been traumatized by violence:

Schools must train educators to identify signs of sexual abuse and respond with therapeutic interventions. In so doing, they should develop protocols and policies that streamline their responses to suspected instances of abuse.

Advance and expand programs that support girls who are pregnant, parenting, or otherwise assuming significant familial responsibilities:

Lack of childcare, strict attendance policies, unsafe campuses, and untrained administrators contribute to school push-out of pregnant or parenting girls. Schools, stakeholders, and advocates must work to create policies that are sensitive to the needs of pregnant girls as well as girls who take on significant caretaking responsibilities.


WHAT HAPPENS TO WOMEN AND CHILDREN REFUGEES WHO ENTER THE UNITED STATES

The NY Times Magazine’s current cover story by Wil Hylton takes a look at America’s controversial detention camps chock-full of women and children refugees fleeing from violence in Central America.

In these family camps, mothers are regularly held without bond (and without guaranteed legal representation), and kids’ health and schooling needs often go unmet.

Here’s how Hylton’s story opens:

Christina Brown pulled into the refugee camp after an eight-hour drive across the desert. It was late July of last year, and Brown was a 30-year-old immigration lawyer. She had spent a few years after college working on political campaigns, but her law degree was barely a year old, and she had only two clients in her private practice in Denver. When other lawyers told her that the federal government was opening a massive detention center for immigrants in southeastern New Mexico, where hundreds of women and children would be housed in metal trailers surrounded by barbed wire, Brown decided to volunteer legal services to the detainees. She wasn’t sure exactly what rights they might have, but she wanted to make sure they got them. She packed enough clothes to last a week, stopped by Target to pick up coloring books and toys and started driving south.

As she pulled into the dusty town of Artesia, she realized that she still had no idea what to expect. The new detention center was just north of town, behind a guard station in a sprawling complex with restricted access. Two other volunteers had been in town for about a week and had permission from federal officials to access the compound the following day.

Brown spent the night at a motel, then drove to the detention camp in the morning. She stood in the wind-swept parking lot with the other lawyers, overlooking the barren plains of the eastern plateau. After a few minutes, a transport van emerged from the facility to pick them up. It swung to a stop in the parking lot, and the attorneys filed on. They sat on the cold metal benches and stared through the caged windows as the bus rolled back into the compound and across the bleak brown landscape. It came to a stop by a small trailer, and the lawyers shuffled out.

As they opened the door to the trailer, Brown felt a blast of cold air. The front room was empty except for two small desks arranged near the center. A door in the back opened to reveal dozens of young women and children huddled together. Many were gaunt and malnourished, with dark circles under their eyes. “The kids were really sick,” Brown told me later. “A lot of the moms were holding them in their arms, even the older kids — holding them like babies, and they’re screaming and crying, and some of them are lying there listlessly.”

Brown took a seat at a desk, and a guard brought a woman to meet her. Brown asked the woman in Spanish how she ended up in detention. The woman explained that she had to escape from her home in El Salvador when gangs targeted her family. “Her husband had just been murdered, and she and her kids found his body,” Brown recalls. “After he was murdered, the gang started coming after her and threatening to kill her.” Brown agreed to help the woman apply for political asylum in the United States, explaining that it might be possible to pay a small bond and then live with friends or relatives while she waited for an asylum hearing. When the woman returned to the back room, Brown met with another, who was fleeing gangs in Guatemala. Then she met another young woman, who fled violence in Honduras. “They were all just breaking down,” Brown said. “They were telling us that they were afraid to go home. They were crying, saying they were scared for themselves and their children. It was a constant refrain: ‘I’ll die if I go back.’ ”

Do yourself a favor and read the rest of this fantastic (and lengthy) story.


SAN BERNARDINO COP ON WHAT IT’S LIKE TO BE A BLACK OFFICER IN THE US

As a black police officer in the city of San Bernardino, CA, Darren Sims is a minority on both sides of the badge.

According to 2011 Census data, San Bernardino has the highest poverty level of a city with a population over 200,000 in California, and the second highest nationally (behind Detroit). San Bernardino’s crime rates are also significantly higher than the state and national averages.

San Bernardino has struggled with creating a police department representative of the city’s population. Around 9% of SBPD officers are black, compared with a 15% black community. Latinos comprise just 28% of the police force, in contrast to 60% of citizens. And the department and city are 59% and 19% white, respectively.

In an interview with Bloomberg’s Esme Deprez, Sims shares what it’s like to be a black cop in San Bernardino. Here are some clips:

For Sims, the combination of black skin and blue uniform makes him feel, by turns, like a threat and a target. Last summer, his beat partner almost died after being shot in the head, an event that still haunts him. He empathizes with minorities who feel unfairly treated, yet he’s also been the target of their scorn. As an officer, he says, he upholds the law, regardless of a lawbreaker’s race.

San Bernardino, a city of 214,000 people 60 miles east of Los Angeles, has long been one of the most dangerous of its size. Things have gotten only worse after the city declared bankruptcy in August 2012. The police force has shrunk to 230 officers from more than 350. Homicides surged to 46 in 2013 from 32 in 2009.

Those numbers are why Sims, who grew up in nearby Riverside, wanted to join the department: Higher crime means more people in need of protection. In August 2013, he was sworn in, following stints counseling troubled youth at group homes, supervising park workers in nearby Moreno Valley and playing football at Kentucky State University.

Sims describes those drawn to policing as protectors of everyday citizens — sheep — from criminals intent on doing harm — wolves.

“Racism does exist,” he said recently, after an all-night shift. “I don’t believe it’s the underlying factor, the underlying thing, that drives law enforcement to oppress a certain person, a type of people, a certain demographic of people.”

[SNIP]

In uniform, his medium-brown skin invites taunts: Oreo, sellout, Uncle Tom. The ugly names have increased since Ferguson, Sims says. Now, as he approaches people, they’ll often raise both hands and say, “Don’t shoot,” as some witnesses said Michael Brown did.

“They don’t view us as being black,” Sims said. “They view us as being a cop.”

Those views were once his own. Growing up in a gang-infested neighborhood, Sims listened to rap music that glorified cop-killing, and shared his friends’ conviction that police were to be shunned. Now, on patrol, he is reminded of that sentiment by “187 SBPD” graffiti, referring to the penal code for murder and the San Bernardino Police Department….

The way to demolish barriers between police and community is a mutual exchange of respect, Sims says. He prides himself on talking with suspects as he would with his watch commander — or grandmother.


SUICIDES IN LOS ANGELES JAILS DECREASED BY HALF IN 2014

Los Angeles Sheriff’s Department data shows that inmate suicides dropped from 10 in 2013 to 5 in 2014. The decrease follows a year after the US Department of Justice released a report criticizing the county’s treatment of mentally ill inmates—with particular reference to the suicide count—and said it would seek a consent decree.

KPCC’s Andrea Gardner has more on the numbers. Here’s a clip:

Sheriff’s spokeswoman Kelley Frasier said deputies and mental health professionals have set suicide reduction as a top priority. For instance, after noticing a trend in higher rates of attempted suicide among inmates housed in “single-man cells,” she said they changed the practice.

“We came to the table and we said, ‘let’s make a conscious effort, let’s not put them in single-man cells,’ ” she said.

In other cases, more mental health teams were dispatched to check on isolated inmates more often.

Instances of serious self-harm—like cutting and attempted suicide—also dropped significantly in 2014 from 2013, to 71 from 110 documented cases.

Posted in Department of Justice, Education, immigration, LA County Jail, Mental Illness, racial justice, women's issues, Zero Tolerance and School Discipline | No Comments »

Reforms Trump Talking About Race, Solitary and Kids’ Brains, Next Steps for NYC Solitary Ban, and LA Foster Care Reform Efforts

January 16th, 2015 by Taylor Walker

CHOOSE ACTIONABLE REFORM OVER NATIONAL DISCOURSE ON RACE

In an op-ed for the LA Times, California Endowment President Robert Ross says that instead of pushing for a national discussion about race issues, we should take advantage of this “once-in-a-generation” opportunity to take action. Ross urges Californians to push forward with meaningful reforms to ensure better opportunities and outcomes for young people of color.

He points to four specific areas, which the state has already made some measure of progress on, where we should focus our efforts—public education, criminal justice, immigration, and healthcare. Here are the details on the first two:

Public education: California has made the most progressive changes in the nation to bring more resources to our most vulnerable students. In 2012, voters approved Proposition 30, a temporary tax increase that channeled $6 billion to our under-funded schools. We should make it permanent. Then, there’s the Local Control Funding Formula that was ushered in by Gov. Jerry Brown in 2013. It will increase classroom funding — by as much as $18 billion over eight years, according to Legislative Analyst Office estimates — for kids in poor, immigrant and foster care households.

Still, the supplemental funds from the Local Control Funding Formula risk disappearing into the ether of school districts’ bureaucracies. We need an annual report card or tracking effort to ensure that the money goes to the students it intends to help, and to hold education bureaucracies accountable for closing education gaps.

Criminal justice: California voters overwhelmingly approved Proposition 47 last November, which reclassified nonviolent drug and theft crimes that involve less than $950 as misdemeanors instead of felonies.

Under Proposition 47, an estimated 40,000 fewer Californians will be convicted of low-level felonies every year. Up to 1 million could have old nonviolent felony convictions wiped from their records, improving their prospects for jobs, housing and stability, and hundreds of millions of dollars in reduced prison costs could be shifted to drug prevention and treatment services.

It is crucial to take advantage of what the law offers. We need to fund effective outreach about the clean-slate provision to maximize its life-changing possibilities. And we must deliver a new approach to safety. Californians are done with prison-first justice. Putting Proposition 47′s prison savings toward treatment programs will double down on its effectiveness in terms of tax dollars spent and people’s lives remade.


WHY WE LOCK KIDS IN SOLITARY CONFINEMENT, AND WHAT IT DOES TO THEIR BRAINS

Dana Liebelson has an excellent longread for the January/February issue of Mother Jones Magazine, chronicling the history of solitary confinement in the US, and detailing the alarming effects isolation has on young developing brains, exacerbating existing mental illnesses, and even producing new ones. Here’s a clip, but we highly recommend reading the whole thing:

We now know…that new brain cells continue to develop in the hippocampus—a portion of the brain central to cognition and memory processing—throughout adulthood. When scientists began looking at animals kept in isolation, they discovered that they grew fewer new neurons than their nonisolated counterparts. That’s because isolation creates stress, and stress hormones inhibit neuron formation, which can result in harm to memory and learning. The effect is often more pronounced in juvenile animals, whose brains are undergoing rapid development. There “isn’t any question,” says Zachary Weil, an assistant professor of neuroscience at Ohio State University, that isolation is harmful to the brain and to overall health.

Last March, researchers from Brazil published a study in which they isolated adolescent marmosets, a kind of adorable South American monkey, in cages as small as two and a half feet across, and kept them from seeing or touching other monkeys. The animals soon grew anxious and spent less time on their usual grooming habits. Compared with controls, they exhibited “significantly” higher levels of the stress hormone cortisol and a steady drop in neuron production in the hippocampus—just one week in isolation decreased the observed number of new cells by more than one-third.

Ceylan Isgor, an associate biomedical science professor at Florida Atlantic University, has found that the effects of isolation on juvenile animals are “long-lasting.” As she explained it to me, the pruning of synapses—the connections between nerve cells—that occurs during adolescence and helps teenagers grow out of behaviors such as impulsiveness does not occur normally under conditions of extended isolation. Extrapolating from animal studies, she said, the results would suggest that kids already prone to breaking rules will become even more likely to act out: “You’re getting a whole different network.” And while the consequences may not be seen right away, they can pop up later as mental-illness symptoms or vulnerability to drug addiction. In other words, the way we often deal with messed-up kids in juvenile detention may increase the likelihood that they’ll reoffend down the road.

David Chura, whose 2010 book, I Don’t Wish Nobody to Have a Life Like Mine, chronicles the decade he spent teaching English to juveniles at the Westchester County Jail (an adult lockup in New York), has seen the effects of isolation firsthand. In 2004, the prison opened a new security housing unit, a.k.a. solitary wing. At first, it seemed like an improvement: The rooms, Chura recalled, were clean and quiet and “you could read or whatever.” But then his students began to deteriorate, rapidly and dramatically, and his teaching attempts fell apart: “The motivation for doing anything was lost.” Young men who used to fastidiously iron their orange uniforms stopped bathing. They became angrier and started acting out more. When they were allowed out of their cells into an adjacent recreation area—an empty room with a screen for fresh air—the kids would “plaster their faces against these screens and be yelling back and forth,” Chura told me, as though trying to prove, “I’m alive. I’m really still here.”

The class action suit in Ohio described a boy, “IJ,” who was 14 when he entered state custody in 2006. Grassian, by then retired from Harvard, was asked to review his records. When IJ first came into the system, Grassian testified, he was described as a “cooperative youth” who, despite his intellectual disabilities, didn’t require psychiatric drugs or mental-health services. But after a few years, and a lot of time spent in solitary, the teen was diagnosed with anti-social personality disorder and PTSD. Six years into his sentence, he was “seen as simply incorrigible…and a misogynist,” Grassian noted. He assaulted a staff member that year too. “I hated being in my room,” IJ testified. “It made me mad. It made my anger issues way worse.”


NYC CORRECTIONS SAYS NO MORE SOLITARY FOR RIKERS INMATES UNDER 21, BUT THERE ARE…PROBLEMS

Earlier this week, the New York City Board of Corrections unanimously voted to prohibit the use of solitary confinement for all inmates 21 and younger. The decision is particularly important for the young people housed in the notorious Rikers Island Jail.

But while the move is a huge step in the right direction, senior staff attorney at the New York Civil Liberties Union, Taylor Pendergrass, says formidable obstacles must be overcome in order for the ban to be successful. The first is obtaining sufficient funding.

The Marshall Project’s Clare Sestanovich has the story. Here’s a clip:

Taylor Pendergrass, a senior staff attorney at the NYCLU, who has worked on their federal lawsuit challenging New York state solitary practices, foresees two problems with implementation. The first is one that the Board of Corrections itself has identified: funding. In fact, the board literally underlined this contingency in their new regulations. The ban on solitary will only take effect, they wrote, “provided that sufficient resources are made available to the Department for necessary staffing and implementation of necessary alternative programming.”

Even if funding is secured, a bigger challenge awaits: how to manage such a drastic policy overhaul in a place where, as one former corrections official told The New Yorker, staff has become “severely addicted to solitary confinement.” If this addiction is as deeply rooted as many claim (and Commissioner Joseph Ponte has himself identified a “culture of excessive solitary confinement”) the new policy could face stiff resistance. “The piece that’s complicated and harder to get a sense of,” Kysel says, “is how much buy-in there will be from officers who are putting them in practice.”

But more than getting corrections officers on board, the key, according to Pendergrass, will be “making sure that [guards] have tools other than sending [inmates] to solitary as a knee-jerk response. I think it’s certainly true that if you just take away solitary confinement and replace it with something else, there’s a high risk that the policy will never be properly implemented, or even if it is implemented, you will have a regression back to punitive responses.”

Solitary confinement, he says, has been used as a blunt instrument to respond to a wide array of problems, ranging from mental illness to substance abuse to adolescent defiance, and poses real dangers to those assigned to maintain order. Pendergrass says a long-term solution will require “fragmenting the approach”; tailoring responses to inmates who act out based on their underlying problems. That, of course, requires complicated – not to mention expensive – training. The BOC’s new rule seems to anticipate this approach. It specifies that all staff who monitor punitive segregation units will be provided with training that “shall include, but shall not be limited to, recognition and understanding of mental illness and distress, effective communication skills, and conflict de-escalation techniques.”


WHERE LA STANDS ON THE ROAD TO REFORMING THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES

After months of delaying the implementation of foster care reform recommendations made by a blue ribbon commission, including the hiring of a child welfare czar, the LA County Board of Supervisors appear to be gaining momentum.

On Tuesday, the Supes voted to move forward with two important child welfare reform recommendations.

Like most of us, the transition team tasked with preparing the way for the new Office of Child Protection attributes the new energy, in part, to the arrival of two new board members determined to implement the commission’s reforms.

The Chronicle of Social Change’s Christie Renick reports that until now, the transition team has come up against resistance from members of the board, particularly Supervisor Don Knabe, who has opposed both the blue ribbon commission and the transition team as unnecessary bureaucracy. In addition, the transition team, once authorized to lend a hand in the hiring of the new czar, were subsequently excluded from the process.

Bolstered by the new activity from the Board of Supervisors, the transition team has set a list of priorities they intend to push in the coming months.

Here’s the opening paragraphs of Renick’s detailed report on the issue:

The transition team appointed to initiate sweeping child protection reform in Los Angeles met for the first time in 2015 this week, and seemed to embrace an optimistic attitude.

“A lot of times you wonder if this is going to be shelved, these recommendations, and what I’m seeing is that it’s alive and well, and we’re moving forward,” said Richard Martinez during the January 12 meeting. Martinez, who served on the Blue Ribbon Commission on Child Protection, is a member of the transition team and Superintendent of the Pomona Unified School District.

“It’s so exciting that we’re moving forward with this,” said transition team member Janet Teague at the January meeting.

The positive tone belies the team’s frustration over spending the past six months grinding out small wins while being sidelined from the highest priority of the reform process: hiring the person who will oversee it.

The transition team’s meetings – held in the cavernous and almost entirely empty Board of Supervisors’ meeting room in downtown L.A. – have produced some results, such as the expansion of the medical hubs where children and youth receive health screenings.

But fitful relations between the team and some of the county’s five supervisors have left team members and outside observers wondering what could have been if the board had given the deliberative body a stronger mandate.

“We have not yet had an easy communication with respect to the people we’re serving, the Board of Supervisors,” said transition team co-chair Leslie Gilbert-Lurie during a December meeting. “A transition team really is only useful if there is a desire to use us in terms of our expertise and our opinions.”

Hope for better relations comes in the form of two new board members, both of whom have voiced support for the reform process.

“We need reports back [from the transition team] more often,” said newly sworn in Supervisor Sheila Kuehl, during a recent Board of Supervisors’ meeting. “I think the public’s confidence in what we’re doing is very low. They haven’t seen us doing much and they don’t know that we will do much.”

Posted in DCFS, Foster Care, health care, immigration, juvenile justice, LA County Board of Supervisors, Mental Illness, racial justice, solitary | No Comments »

Will CA Lead on Criminal Justice Reform on Tuesday?…Is US Border Patrol Out of Control?…Can Over-Incarceration Cause Community Violence?…& More

October 31st, 2014 by Celeste Fremon


NY TIMES SEZ CALIFORNIA POISED TO LEAD ON CRIMINAL JUSTICE REFORM WITH PROP 47

For decades, tough-on-crime proponents cowed lawmakers into passing ever more stringent sentencing statutes that, in turn, resulted in state and federal prison systems metastasizing to disastrous proportions.

Yet, any attempt at correcting the most problematic of the laws inevitably triggered shrieking from the same tough-on-crime folks who predicted that sentencing reform would surely result in a ghastly rise in crime.

The shriekers turned out to be dead wrong.

In fact, multiple recent studies showed that crime drops were greater in states that had taken steps to reduce their prison populations—California included, with it’s far-from-perfect realignment strategy.

Now it appears that California is likely on the verge of passing Proposition 47, a voter initiative that, if successful, will reportedly lower our prison population still further. With Prop 47 specifically in mind, the New York Times editorial board has weighed in with a new essay praising the state for leading the way “on justice reform.”

Here’s a clip:

An encouraging example [of crime drops accompanying prison population reduction] comes from California, the site of some the worst excesses of the mass incarceration era, but also some of the more innovative responses to it.

For five years, the state has been under federal court order to reduce extreme overcrowding in its prisons. In response, voters in 2012 overwhelmingly approved a ballot measure to scale back the state’s notorious “three-strikes” law, leading to the release, so far, of more than 1,900 prisoners who had been serving life in prison — in some cases, for petty theft.

Dire warnings that crime would go up as a result were unfounded. Over two years, the recidivism rate of former three-strikes inmates is 3.4 percent, or less than one-tenth of the state’s average. That’s, in large part, because of a strong network of re-entry services.

The 2012 measure has provided the model for an even bigger proposed release of prisoners that California voters will consider on the ballot next week. Under Proposition 47, many low-level drug and property offenses — like shoplifting, writing bad checks or simple drug possession — would be converted from felonies to misdemeanors.

That would cut an average of about a year off the sentences of up to 10,000 inmates, potentially saving the state hundreds of millions of dollars annually. To keep people from returning to prison, or from going in the first place, the savings would be invested in anti-truancy efforts and other programs like mental health and drug-abuse treatment. Some would go to victims’ services, a perennially underfinanced part of the justice system.

Law-enforcement officials, not surprisingly, oppose the measure, warning that crime will go up. But they’ve already been proved wrong on three-strikes reform….


HOW DID OUR BORDER CONTROL SPIN SO OUT OF CONTROL?

“We made some mistakes,” said former Customs and Border Protection Commissioner Ralph Basham. “We found out later that we did, in fact, hire cartel members.”

Between 2001 to the end of George W. Bush’s second term, the U.S. Customs and Border Protection—the Border Patrol— grew from 9500 agents to 18,000. The force jumped again to 21,000 agents in Barack Obama’s first term.

Now some officials are admitting that, in response to executive and congressional pressure, the CBP grew too fast, meaning that many of those brand new green-uniformed agents were not properly trained and vetted, a problem that was compounded by the fact that an adequate number of experienced supervisors was in short supply.

The consequence was a burgeoning problem of corruption, brutality, unnecessary uses of force and, in some cases, out-and-out infiltration by some true bad guys. In fact, from 2005 through 2012, nearly one CBP officer or Border Patrol agent was arrested every single day for misconduct.

Yet, when the FBI tried to investigate instances of wrongdoing, or when, due to urging by Congress, The Police Executive Research Forum, a law enforcement think tank, examined CBP methods and actions then wrote a highly critical report, the Border Patrol management mostly just closed ranks.

Politico senior staff writer Garrett M. Graff has the deeply reported and well-written special investigation into the problems of the agency that some are calling The Green Monster.

Here are some clips:

The corners cut during the hiring surge were becoming clear by the final months of the Bush administration. There was the Miami CBP officer who used his law enforcement status to bypass airport security and personally smuggle cocaine and heroin into Miami. There was the green-uniformed agent in Yuma, Arizona, who was caught smuggling 700 pounds of marijuana across the border in his green-and-white Border Patrol truck; the brand-new 26-year-old Border Patrol agent who joined a drug-smuggling operation to distribute more than 1,000 kilograms of marijuana in Del Rio, Texas; the 32-year-old Border Patrol agent whose wife would tip him off on which buses filled with illegal immigrants to let through his checkpoint on I-35 in Laredo, Texas. Some cases were more obvious than others, like the new Border Patrol agent who took an unusual interest in maps of the agency’s sensors along the border and was arrested just seven months into the job after he had sold smugglers those maps for $5,500.

In November 2007, CBP official Thomas Winkowski wrote an agencywide memo citing numerous incidents, or, as he called them, “disturbing events,” and saying that the leadership was concerned about the “increase in the number of employee arrests.” The memo, never made public but obtained by the Miami Herald, reminded officers and agents, “It is our responsibility to uphold the laws, not break the law.”

Although the allegations concerned just a fraction of the force, the work CBP did made it especially susceptible to corruption, and made that corruption uniquely damaging. “There’s a huge vulnerability there with employees who control the flow of goods and people on the border,” explains James Wong, the CBP internal affairs investigator. “You’ve got undocumented immigrants, contraband or even worse—a weapon of mass destruction.”

Which is why, acknowledges Basham, who oversaw the hiring surge as CBP commissioner, the border region is considered the “highest threat environment for government corruption.”

In fact, CBP was uncovering dozens of cases of criminal organizations like Mexican cartels and street gangs such as MS-13 infiltrating its ranks with new hires.

[SNIP]

What concerned Skinner, the DHS inspector general, was the possibility that he was hearing only about the most egregious misconduct. “We were getting more and more complaints, but our biggest concern was that there was a culture as to not report allegations to us,” Skinner says. “Out in the field, there was a culture to keep things to themselves. You’re familiar with ‘What happens in Vegas stays in Vegas?’ They had a ‘What happens in the field stays in the field.’”

Agents traditionally worked lonely patrols, with help far away and a strong tradition of frontier-style justice. The agency motto, “Honor first,” is a statement of both machismo and integrity, and its responsibilities require a mind-set far different from most law enforcement agencies. “Their mentality is everyone they encounter is a bad guy, which is totally different from other law enforcement,” Basham says.

[SNIP]

In the summer and fall of 2012, [FBI Assistant Director of Criminal Investigations Ronald] Hosko attended a series of meetings at CBP headquarters that left him stunned. CBP officials, just coming off the huge hiring surge that had doubled the size of the Border Patrol and increased Customs officers by thousands, had grave concerns about the people that they had hired.

Hosko heard senior CBP officials say at the meetings that they believed roughly 10 percent of the agency’s workforce had integrity problems, but he was even more stunned when they batted around a range of numbers, going as high at one point as 20 percent, of those who might deserve to be removed from the force.

“That’s a shocking number and chilling. If I have the senior leaders of an organization like CBP—with 40,000 uniforms and guns—saying 20 percent, that’s shocking,” Hosko told me. “Let’s say that’s a gross exaggeration. Let’s cut that in half. Let’s say it’s just 5 percent. That’s still thousands of people.” (Asked about Hosko’s numbers, CBP officials denied that the force had such systemic problems but refused to confirm whether the meetings he cited had taken place.)

Be sure to read the rest of this excellent and alarming story.

“Not a single Border Patrol agent for the last eight years has been disciplined for excessive use of force,” CBP internal affairs investigator James Wong told Politico’s Graff. “With a workforce that large, that’s amazing.”


WHY ARE SOME OF AMERICA’S IMPOVERISHED INNER CITY NEIGHBORHOODS SO PLAGUED BY VIOLENCE? RESEARCH SHOWS THAT OVER-INCARCERATION IS A BIG PART OF THE PROBLEM

In the discussions about events in Ferguson, Missouri, this summer, the high level of violence in America’s low income inner city neighborhoods often became part of the conversation. This was especially true among TV’s talking heads who frequently opined as to why so many young people of color were falling victim to gun violence in their communities.

Writing for the Atlantic, Heather Ann Thompson, looks at some of the less obvious causes, over incarceration prominently among them.

On first bounce this may sound counterintuitive. But, Thompson points to the research of Todd Clear, which is now famous in the criminal justice world.

(In brief: in a series of studies of various urban neighborhoods around the country, Clear—a Distinguished Professor at John Jay College of Criminal Justice— and his colleagues noted that when a certain number of lawbreakers were arrested in a community, crime went down. But there was a tipping point. If the percentage of community members arrested and incarcerated continued to increase, eventually the community became destabilized and crime actually went up.)

In any case, there’s a lot in Thompson’s interesting and thought provoking essay that is worth your time.

Here’s a clip:

The quadrupling of the incarceration rate in America since 1970 has had devastating collateral consequences. Already economically-fragile communities sank into depths of poverty unknown for generations, simply because anyone with a criminal record is forever “marked” as dangerous and thus rendered all but permanently unemployable. Also, with blacks incarcerated at six times and Latinos at three times the rate of whites by 2010, millions of children living in communities of color have effectively been orphaned. Worse yet, these kids often experience high rates of post-traumatic shock from having witnessed the often-brutal arrests of their parents and having been suddenly ripped from them.

De-industrialization and suburbanization surely did their part to erode our nation’s black and brown neighborhoods, but staggering rates of incarceration is what literally emptied them out. As this Pew Center of the States graphic on Detroit shows, the overwhelmingly-black east side of the Motor City has been ravaged by the effects of targeted policing and mass incarceration in recent years with one in twenty-two adults there under some form of correctional control. In some neighborhoods, the rate is as high as one in 16.

Such concentrated levels of imprisonment have torn at the social fabric of inner city neighborhoods in ways that even people who live there find hard to comprehend, let alone outsiders. As the research of criminologist Todd Clear makes clear, extraordinary levels of incarceration create the conditions for extraordinary levels of violence….


LOS ANGELES COUNTY IS USING MORE SPLIT SENTENCING….BUT STILL LAGGING BEHIND OTHER COUNTIES

Yes, LA County is finally getting a little bit better when it comes to split sentencing, according to data coming out of District Attorney Jackie Lacey’s office, but LA still has a long way to go.

Split sentencing, if you’ll remember, means that low-level offenders spend half their time in jail, and the other half on probation where they can receive supervision and services to help them stay out of jail in the future.

Lacey has been strongly encouraging her prosecutors to use the strategy.

KPCC’s Andrea Gardiner has more on the story. Here’s a clip:

Many counties throughout the state have used the policy, called split sentencing, to reduce overcrowding in their jails, after a wave of inmates were transferred there from state prisons. Riverside and Orange County reportedly use split sentencing in more than 50 percent of cases.

New numbers from the Los Angeles District Attorney’s office shows in September, 14 percent of cases resulted in split sentences. That’s up from 3 percent in June, when District Attorney Jackie Lacey first issued a directive ordering prosecutors to give split sentences when appropriate.

[SNIP]

State law mandates split sentencing become the presumptive punishment for low-level felons starting in January. That means each low-level felon who is eligible for a split sentence will get one unless a judge states a reason for denying it on the record.

Posted in 2014 election, District Attorney, immigration, law enforcement, Realignment, Sentencing | 3 Comments »

Conviction Integrity Units, Race-Based Lockdowns, 30 House Dems Concerned by US Immigration, and a Nathaniel Ayers Update

October 29th, 2014 by Taylor Walker

MULTNOMAH COUNTY DA’S OFFICE JOINS SANTA CLARA COUNTY AND OTHERS, SETS UP CONVICTION INTEGRITY UNIT

As part of a growing trend to combat wrongful convictions, prosecutors offices across the US—including in Dallas, Brooklyn, Philadelphia, Santa Clara County (see below), and the US Attorney in DC (above)—are establishing “conviction integrity” watchdog systems. (And back in August, we pointed to this Mother Jones story about a Florida public defender’s office using a group of former police officers for investigating claims of prosecutorial misconduct and bad police work.)

Now, Oregon’s Multnomah County District Attorney Rod Underhill has nominated a veteran prosecutor to investigate innocence claims, as well as update plea deal policies, and examine how cops utilize photo lineups and confidential informants.

The Oregonian’s Maxine Bernstein has the story. Here’s a clip:

“It’s our job to do it right in the first place and double-check our work if we need to,” Underhill said.

Russ Ratto, a 35-year Multnomah County prosecutor, will start in the new job Monday.

Ratto will review claims of innocence after convictions have occurred and update office protocols on everything from prosecutors’ obligations on sharing evidence with defense attorneys to how to use eyewitness identification of suspects.

Underhill said he hopes that assigning one deputy to the work will improve the ability to track the cases and boost public confidence in the county’s prosecutions. In the past, he said, a number of prosecutors throughout the office have juggled the cases, but there was no central contact.

“We want to make sure we’re using the best practices to obtain the best convictions so we don’t have to ask later ‘Was a mistake made?’” Ratto said. “We think we’ve got a good criminal justice system here, but we want to maintain the public confidence going forward.”

Other prosecutors’ offices are doing the same thing, including in Manhattan, Brooklyn, Dallas, Philadelphia, Denver and California’s Santa Clara County, according to the Center for Prosecutor Integrity.

“This is a very important movement in our nation’s criminal justice system,” said board member Everett Bartlett of the Center for Prosecutor Integrity. The center started in 2010 with a mission to end wrongful convictions and promote prosecutor ethics.

Until the advent of forensic DNA testing in 1989, we “assumed our criminal justice system was operating very effectively and very accurately,” Bartlett said. Since then, he said, more than 1,000 people convicted of crimes have been exonerated. The majority have not been due to DNA analysis, but due to false confessions or problems in witness identification.

California’s Santa Clara County’s Conviction Integrity Unit is headed by David Angel. The San Jose Mercury’s Tracey Kaplan has a worthwhile 2011 story about Angel and his appointment. Here’s how it opens:

Mention Santa Clara University’s esteemed Innocence Project and most prosecutors cringe. They see the legal advocacy group that works to exonerate wrongfully convicted people as out to get them.

But not David Angel, the prosecutor named this month to head the newly re-established Conviction Integrity Unit in the Santa Clara County District Attorney’s Office.

Not only does he not fear the project, he also is teaching a wrongful conviction class alongside Cookie Ridolfi, director of the Northern California Innocence Project at the Santa Clara University School of Law.

It’s not that Angel holds prosecutors solely responsible when people are sent to prison for crimes they didn’t commit. He will forcefully point out that defense attorneys, mistaken eyewitness identifications and false confessions contribute to plenty of wrongful convictions. But Angel is devoted to making certain that the 170 prosecutors in Santa Clara County do all they can to get their cases right.

“He’s a model of a good prosecutor,” said Ridolfi.

As head of the Conviction Integrity Unit, Angel will review cases in which an allegation of a wrongful conviction has been made, examine office policies, serve as crime lab liaison and take charge of training prosecutors on a number of topics, including ethics.


LA TIMES EDITORIAL APPLAUDS END TO RACE-BASED PUNISHMENT IN CALIFORNIA PRISONS

Last week, the CA Department of Corrections and Rehabilitation agreed to end race-determined prisoner lockdowns triggered after a riot or other violent incident, settling a six-year-long class action lawsuit. The suit was originally filed on behalf of black inmates at High Desert State Prison who were confined to their cells for 14 months without access to outdoor exercise or rehabilitation programs, but was broadened to apply to all state prisoners.

An LA Times editorial says punishment based on race should not be used in detention facilities, that inmates should only have to account for their own actions, not the actions of every other inmate of the same race. Here’s a clip:

Racial segregation and discriminatory treatment of populations by race are, prison officials argued, important tools for combating violence. Squeamishness about such responses was a luxury afforded to outsiders who didn’t have to deal with the reality of prison conditions.

In fact, though, racial segregation is at best a temporary option to quickly defuse violence, but unnecessary and corrosive as an ongoing policy; and race-based punishment is an evil that goes to the heart of the American experience and cannot be countenanced in the justice system….

Inside prison walls, just as outside, people should expect that they will be treated according to their actions and not be made to pay for the transgressions, real or perceived, of others of the same race or ethnicity. Society’s failure to abide by that precept is intertwined with the history of crime and punishment and is exacerbated when race-based policies govern prison populations.


HOUSE DEMOCRATS WRITE LETTER TO PRESIDENT VOICING CONCERNS ABOUT DETENTION OF IMMIGRANT WOMEN AND CHILDREN

On Tuesday, over 30 House Democrats signed a letter to President Barack Obama sharing concerns about how the US is handling of immigrant detention and deportation, especially with regard to women and children fleeing violence from their home countries.

Politico’s Seung Min Kim has more on the letter. Here are some clips:

“At the current rates, within one year this administration will have increased capacity to detain immigrant women and children by more than 4,000 percent,” said Rep. Zoe Lofgren (D-Calif.), who spearheaded Tuesday’s letter. “As the law requires, there needs to be a better assessment in place to appropriately screen and assess these women and children, many of whom are fleeing violence, torture or persecution in Central America.”

[SNIP]

In Tuesday’s letter, House Democrats said it is “critical” that none of the families who are currently detained be deported until officials ensure they won’t be sent back to dangerous conditions – such as persecution or torture – in their home countries.

The Democratic lawmakers added that they are “concerned that the rapid expansion of family detention is being done in a manner that fails to meet the unique needs of parents and children.”


CHECKING IN WITH NATHANIEL AYERS, THE “SOLOIST,” AS HE RECORDS NEW ALBUM, PUTTING ON AYERS

For KCET’s SoCal Connected, LA Times’ Steve Lopez catches up with Nathaniel Ayers, the formerly homeless, Juilliard-trained musician who is the subject of Lopez’s book (and subsequent film) “The Soloist.” Lopez sits in on the recording of Ayers’ album, Putting on Ayers, the proceeds of which will fund mental health agencies’ art programs.

Posted in arts, immigration, Innocence, Mental Illness, prison policy | 3 Comments »

LA Supes Votes YES on Controversial ICE Partnership….Prop 47 Gathers Support & LA Times Endorses……& A New Tanaka Fan

October 8th, 2014 by Celeste Fremon



On Tuesday, the LA County Board of Supervisors voted to keep a controversial immigration policy
known as 287(g), making LA only one of two counties in the state to continue to implement the 1996 statute that permits the federal government to delegate immigration enforcement powers to state and local law enforcement.

Both Riverside and San Bernardino recently chose to halt participation with 287(g), making Orange County and LA the sole California holdouts.

LA would use 287(g) only in the the LA County jails, where immigration agents are embedded, and custody personnel are trained to screen inmates for immigration status.

Supervisors Gloria Molina, Mike Antonovich and Don Knabe voted for the measure, while Zev Yaroslavsky and Mark Ridley-Thomas abstained.

According to KPCC's Leslie Berestein Rojas, one of the biggest reasons that the Supes and the LASD leadership favored the policy has to do with money.

Here's a clip from Berestein Rojas' story:

"It helps us maintain better records for the purpose of reimbursement from the federal government," said Anna Pembedjian, justice deputy for County Supervisor Michael Antonovich, a supporter of 287(g).

What Pembedjian is referring to is a federal grant program known as SCAAP, for State Criminal Alien Assistance Program. Counties like Los Angeles are partially reimbursed by the Department of Justice for incarcerating certain foreign-born criminals, and the better they can document their inmate population, the better their reimbursement chances.

[SNIP]

But in recent years, funding has been cut. Los Angeles County’s annual SCAAP award has gone from roughly $15 million in the late 2000s to about $3.4 million in 2014.

The county now gets reimbursed roughly 10 cents on the dollar for every SCAAP-eligible foreign inmate, Pembedjian said. Less than before, but it’s money the county would otherwise still have to spend.

“When these individuals are arrested and serving time in our jails, we have no alternative but to provide them with the housing, the mental health care, the medical care, food and security, which costs the county taxpayers millions of dollars every year,” Pembedjian said. “It is imperative for the county to recover the money from the federal government, otherwise if forces cuts in other vital services.”

Supervisor Gloria Molina, who was one of the three on the board who voted to keep the program, cited public safety as the her primary motivation.

But Hector Villagra, executive director of the ACLU of Southern California, said such a rationale was flawed.

"Sadly, the supervisor has chosen to ignore a mountain of evidence, including DHS’ own published statistics on the program that clearly indicate that vast majority of individuals deported under the 287(g) agreement had not been convicted of a serious crime, or had no criminal history. In 2010, 80% of the people identified for deportation under this program were not convicted of a serious felony."

Indeed, according to a 2011 report by the Migration Policy Institute, nationally, 50 percent of those snatched by the program have committed felonies or other crimes that ICE considers serious. The other half of those detained have committed misdemeanors and/or have been involved in traffic accidents.

Prior to the vote, Villagra and the So Cal ACLU had urged board members to wait until a new sheriff is chosen in November to make up their minds on 287(g). But, as with the two billion dollar jail building decision (about which they were similarly asked to hold off until November) the board declined to delay the vote.

"It is inconceivable that our County leadership has chosen to continue a failed program that has already been abandoned in over 250 jurisdictions throughout the nation- including the City of Los Angeles," said Maria Elena Durazo, of the Los Angeles County Federation of Labor, and Angelica Salas, Director of Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), in a joint statement.

Yes, well, apparently it's not so inconceivable. But it is very disappointing.


PROP 47 AHEAD IN THE POLLS & THE LA TIMES ENDORSES IT

The New York Times' Erik Eckholm reports that, at the moment, Proposition 47 appears poised to pass, with the September poll by the Public Policy Institute showing 62 percent of voters in favor, 25 against. As you likely know, Prop 47 is the initiative that would reclassify a list of low-level felonies as misdemeanors making them punishable by at most one year in a county jail and, in many cases, by probation and counseling. The changes would apply retroactively, shortening the sentences of thousands already in prison or jails.

Although most district attorneys, and many law enforcement organizations (including the California Police Chief's Association) are against the initiative, San Francisco District Attorney George Gascón, the former SF police chief and former second in command for the LAPD, has become one of the measure's champions. And 47 has gathered strong support among some prominent conservatives, as well as liberals, and moderates, writes the Times' Eckholm.

Large donations in support have come from the Open Society Policy Center, a Washington-based group linked to George Soros; the Atlantic Advocacy Fund, based in New York; Reed Hastings, the chief executive of Netflix; and Sean Parker, the former president of Facebook.

But the largest single donor is B. Wayne Hughes Jr., a conservative Christian businessman and philanthropist based in Malibu. In one of the most tangible signs yet of growing concern among conservatives about the cost and impact of incarceration, Mr. Hughes has donated $1.255 million.

Mr. Hughes said he had been inspired by the late Chuck Colson to start prison ministry programs in California, and that his firsthand contact with prisoners and their families convinced him that the current heavy reliance on incarceration is often counterproductive.

“This is a model that doesn’t work,” he said in an interview. “For the $62,000 cost of a year in prison, you can send three kids to college,” he said. “But for me, it’s not just about the money, it’s about our fellow citizens who are hurting.”

Mr. Hughes was joined by Newt Gingrich as co-author of an op-ed in The Los Angeles Times urging citizens to vote yes....

The LA Times is the latest to endorse Proposition 47, saying that it will help California make more intelligent use of its criminal justice and incarceration resources, including the allocation of resources "to curb the likelihood of [lawbreakers] committing new crimes."

The San Francisco Chronicle endorsed 47 late last month.

Here's a clip from the Times' endorsement editorial:

Proposition 47 would do a great deal to stop the ongoing and unnecessary flow of Californians to prison for nonviolent and nonserious offenses and would, crucially, reduce the return flow of offenders from prison back to their neighborhoods in a condition — hardened by their experience, hampered by their felony records, unready for employment or education, likely mentally ill or addicted — that leaves them only too likely to offend again. It is a good and timely measure that can help the state make smarter use of its criminal justice and incarceration resources. The Times strongly recommends a "yes" vote on Proposition 47.

The measure has three parts. It would reduce sentences in California for a handful of petty crimes — drug possession and some types of theft, such as shoplifting — that currently are chargeable as either misdemeanors or felonies but should be just misdemeanors. It would open a three-year window during which inmates serving felony sentences for these crimes could apply to have their sentences reduced. And it would direct the savings from lowering the prison population to be spent on the kinds of things that, as data have shown time and again, keep significant numbers of former inmates from re-offending: substance abuse and mental health treatment, reentry support and similar services that also help crime-battered neighborhoods. Much of the savings would also be spent on truancy prevention and support for crime victims.

Opponents offer arguments that are familiar for their fear-mongering tactics but are new in some of their particulars: baseless yet ominous warnings that waves of dangerous criminals will be released; odd predictions about, of all things, date rape; acknowledgment that current sentencing is often excessive and counterproductive, but excuses for not previously having made sensible changes.

The LA Times board notes that it's too bad that such sentencing reform requires an initiative, that changes of this nature should ideally be accomplished by a non-political sentencing commission, or at the very least by state lawmakers but....dream on.

...experience shows that lawmakers, so comfortable with adding new crimes and increasing sentences, are generally incapable of lowering them in the face of pressure from law enforcement and victims' interest groups, even when overwhelming evidence points to better safety, greater savings and other positive outcomes from decreased penalties.

So a proposition is what we have---and one the Times contends will be a boon for even some of its critics:

One likely benefit of Proposition 47 is not advertised but could make a real difference: With fewer crimes charged as felonies, there would be far fewer preliminary hearings (they are not needed for misdemeanor charges), which means fewer police officers pulled off the streets to wait around in courthouses to testify, less preparation time needed by deputy district attorneys and deputy public defenders, and less of a drain on local law enforcement and criminal justice budgets. It is one of many ways in which Proposition 47 would be a step forward for California.


FORMER CANDIDATE FOR SHERIFF ENDORSES PAUL TANAKA. (YES, REALLY.)

In a slightly odd turn of events, former candidate for LA County Sheriff, retired LASD lieutenant Patrick Gomez, just endorsed former undersheriff Paul Tanaka for the job according to a release from Tanaka's campaign.

This wouldn't be quite so peculiar were it not for the fact that Gomez spent part of nearly every candidate debate during the primary slamming Tanaka in particular.

For instance, here is what the Daily News reported after one of the early debates:

“Gomez, meanwhile, attacked Tanaka, who had been Baca’s second in command…. “I’m going to request that the FBI request a forensic audit,” Gomez said. “Tanaka talked about being a CPA, yet the auditor released a report in January that said $138 million were mishandled from special accounts within this department. Who was responsible for that?

‘These people talk about there’s been a lack of leadership — (but) these are the leadership people — they’re the assistant sheriff and the undersheriff, current and past. We’ve got to hold them accountable when we vote on June 3rd.’ ”

We guess that everyone's entitled to change his mind if he so desires. We'd just be very curious to know what new points of view persuaded Lt. Gomez to change his in this matter.

Posted in immigration, jail, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Los Angeles County, Paul Tanaka, Sentencing | 33 Comments »

SF 1st CA City to Fund Lawyers 4 Undocumented Kids…..Sunday Panel to Discuss Police Shootings & Peace in the Hood…. DARE Doesn’t Like Newest LA School Police Reform…& More.

August 28th, 2014 by Celeste Fremon



SAN FRANCISCO IS FIRST CA CITY TO PROVIDE LAWYERS FOR UNDOCUMENTED CHILDREN & FAMILIES

On Wednesday, San Francisco officials announced a new program that will help fund legal assistance for undocumented children, families, and others facing deportation.

Of the approximately 4000 kids awaiting immigration proceedings in San Francisco, around 2,200 don’t have lawyers—a fact that has been shown to dramatically affect how their cases will play out.

According to a University of Syracuse study, between 2005 and 2014, 50 percent of the children who had an attorney present at their hearings were allowed by a judge to stay in the U.S. When a kid went to immigration court without an attorney during that same period, however, one in ten kids was permitted to stay. The other nine were deported.

The San Francisco Chronicle’s Marisa Lagos has been covering the issue. Here are some clips from her story announcing the new program:

The program, created by Supervisor David Chiu, makes San Francisco the first California city to offer such legal help. It is an expansion of an existing Right to Civil Counsel program created in 2012 that has so far focused on tenants facing evictions.

The city will give $100,000 this year to the nonprofit Lawyers’ Committee for Civil Rights, which will use the funds to provide pro bono legal representation to San Francisco residents facing deportation, including children and families.

[BIG SNIP]

San Francisco Immigration Judge Dana Leigh Marks, speaking as head of the National Association of Immigration Judges, called the city’s program “fabulous.”

Courts, she said, are overwhelmed – there are about 375,000 immigration cases pending in the country and only 227 immigration judges. She is presiding over more than 2,400 cases.

“There’s an extreme value in having lawyers represent people in terms of the outcomes in their own cases and in terms of the effectiveness of the immigration courts,” she said. “It helps us move through the process. It helps advise people of their rights, it reduces the number of errors when they are filing applications … and it reduces delays.”

Mexican immigrant Osvaldo Diaz, 36, said access to a pro bono attorney through the Lawyers’ Committee may have saved his life. Diaz, who is gay, fled to San Jose from Mexico after facing threats because of his sexual orientation and a domestic violence situation. He was granted political asylum in 2012 and this year was awarded legal residency. He recently moved to Miami and is looking for a job.

“I didn’t even know political asylum exists,” he said, adding that even with a lawyer, the court process was frightening.

Although SF is the first CA city to launch such a program, recently Gov. Jerry Brown announced that the state will cough up $3 million for immigration lawyers. New York also has a similar program.



“PEACE IN THE HOOD” AUTHOR, AQUIL BASHEER, HOSTS PANEL THIS SUNDAY TO DISCUSS VIOLENCE PREVENTION, PUBLIC SAFETY, & COMMUNITY UPSET OVER RECENT OFFICER INVOLVED SHOOTINGS

“Communities are desperately seeking answers,” said Aquil Basheer, executive director of A Better LA and a nationally known pioneer in the field of violence intervention, in relation to the recent intense controversies over officer-involved shootings, and neighborhood violence in general.

Due to the fact that Basheer’s well-regarded and fascinating new book Peace In the Hood: Working with Gang Members to End the Violence, co-authored with veteran journalist Christina Hoag, has coincided with these most recent public storms, he has organized a panel scheduled for Sunday, featuring law enforcement and others for what promises to be a dynamic discussion.

This is the second in a series of “solution-seeking” community discussions led by Basheer, with the idea of empowering residents in Southern California’s most crime-plagued areas to reduce the levels of “violence, aggression and interpersonal hostilities” that do harm to their neighborhoods.

In addition to Basheer, the panel will include LAPD Lead Gang Unit Officer Sgt. Curtis Woodle, and LAPD Gang Liaison Officer, Sgt. Stinson Brown, forensic psychologist and consultant to the LAPD and Department of Homeland Security, Dr. Debra Warner, USC Professor of Social Work and gang expert, Robert Hernandez, LA County Fire Department Captain Brent Burton, ‘Peace In the Hood’ co-author Hoag.

The panel will be held on Sunday, August 31, from 2 PM to 5 PM at the
African American Firefighter Museum, 1401 S. Central Avenue, Los Angeles


SOUTH LA’S FRAGILE GOODWILL IS TESTED

LAPD Assistant Chief Earl Paysinger, second in command to Chief Charlie Beck, was once the popular Deputy Chief who ran the department’s South Bureau where he notably and painstakingly worked to repair the badly damaged relations between the Los Angeles Police Department and the South LA communities it polices.

But how the fragile reservoir of goodwill really is was evident in the tone of the meetings over the shooting death of Ezell Ford, that Paysinger attended.

The LA Times’ Kate Mather and Richard Winton have the story. Here’s a clip:

As Angeles police Assistant Chief Earl Paysinger sat with increasing unease at a church in South Los Angeles as residents rose one at a time to berate his department.

The meeting had been called to reassure locals about the way the LAPD and other agencies were investigating the recent fatal shooting of a mentally ill man in the neighborhood. But the event quickly boiled over into a critique of the LAPD, with residents accusing the department of racial profiling, excessive force and dishonesty.

Paysinger, the LAPD’s highest-ranking black officer and a 40-year department veteran, was disturbed by the level of anger. So the morning after last week’s community meeting, he drove to the LAPD’s Newton Division, where the fatal shooting occurred, and demanded an action plan.

“Where do we go from here?” Paysinger told the station captain. “I’m not interested in, ‘I don’t know, we’ve done everything

Whether police officers acted properly when they fatally shot Ezell Ford Jr. earlier this month remains under investigation. But the case has exposed lingering tensions as well as what some consider an erosion of the credibility and goodwill the LAPD has worked so hard for so long to build in South L.A.

“You think you’re in a good place,” Paysinger said. “But then you find yourself at that meeting.… It was patently clear to me that we need to get busy.”

Building trust in the African American community has been a top priority of the LAPD since the L.A. riots 22 years ago, which were sparked in part by the acquittal of four police officers caught on tape beating black motorist Rodney King. Even the LAPD’s harshest critics admit the department has made significant strides.

Those efforts also have been helped in no small part by a dramatic drop in crime across South L.A.

But John Mack, the former longtime L.A. police commissioner and the retired president of the L.A. Urban League, said he worried that the reaction to Ford’s death showed a backslide in the relationship.


DARE NOT THRILLED WITH MARIJUANA DECRIMINALIZATION IN LA SCHOOLS

Last week, the chief of Los Angeles School Police announced that the LASP was decriminalizing a list of less serious student behaviors that previously lead to citations or arrest. Now students would be referred to school officials for these infractions, not law enforcement.

The newly classified behaviors include most ordinary fights between students, trespassing on school property, tobacco possession, alcohol possession, and possession of small amounts of marijuana.

When LA Weekly reporter Amanda Lewis spoke to California DARE Coordinator Steve Abercrombie, she found that he was not in favor of this new policy at all.

Here’s a clip from Lewis’ story:

California DARE Coordinator Steve Abercrombie was not pleased to learn the news that the Los Angeles Unified School District had decriminalized small amounts of marijuana at its schools.

“Wow,” [Abercrombie told the Weekly]. “It seems we keep giving in more and more to different crimes and criminal activity. When does it stop? When do you finally say that you need to follow the rules?”

The district announced more lenient policies in which school police will no longer report students — or issue them tickets — if they’re involved in petty theft, most fights, or possession of alcohol, tobacco or marijuana.

The rule changes resulted from two years of talks between lawyers, judges, school police and civil rights groups who aimed to end LAUSD’s zero-tolerance policies.

One goal is to reduce the influence of campus police, softening the rules so that kids who typically get into trouble don’t drop out.

At issue, in part, is that black students make up about one-third of school police arrests, yet they make up less than 10 percent of the student population.

This, of course, is not exactly in line with the philosophy of the long-running Drug Abuse Resistance Education program.

Abercrombie says it makes more sense to train school police to stop targeting black students than it does to decriminalize weed in schools….


Posted in criminal justice, FBI, Gangs, Human rights, immigration, LAFD, LAPD, law enforcement, race, race and class, racial justice, Trauma, Violence Prevention | 2 Comments »

$3M Proposal to Give Legal Aid to Unaccompanied Immigrant Kids, the Problem of Prosecutorial Abuse, Social Workers to Get Criminal History of Foster Providers, and CA Attorney General Appealing Death Penalty Ruling

August 22nd, 2014 by Taylor Walker

GOV. BROWN AND LAWMAKERS’ $3 MILLION LEGISLATIVE PROPOSAL TO PROVIDE LEGAL REPRESENTATION TO UNACCOMPANIED IMMIGRANT KIDS

On Tuesday, Governor Jerry Brown and state lawmakers announced a proposal to allocate $3 million to non-profits providing legal aid to unaccompanied children in immigration court proceedings who are otherwise left to navigate the court system alone.

The LA Times’ Melanie Mason has the story. Here’s a clip:

“Helping these young people navigate our legal system is the decent thing to do and it’s consistent with the progressive spirit of California,” Brown said in a statement.

The legislative proposal would give $3 million to qualified nonprofit organizations that provide legal assistance to unaccompanied minors. There are an estimated 3,900 Central American children currently in the state who have come to the country without a parent or other relative.

“These kids face a daunting immigration process and any failures in our justice system that lead to deportation can be a death sentence,” said Senate President Pro Tem Darrell Steinberg.

Assembly Speaker Toni Atkins (D-San Diego) and members of the Latino Caucus paid a visit this summer to a temporary detention center in Ventura County where some children were being housed. Atkins said that visit was a catalyst for the legislative action.

“We all came away with a feeling that these kids needed our support — that it was about their safety, their due process, the ability to look beyond bigger political considerations and deal with a humanitarian crisis,” she said.


$10 MIL SETTLEMENT TO WRONGFULLY CONVICTED MAN DOES NOT ADDRESS THE PROBLEM OF UNCHECKED PROSECUTORIAL MISCONDUCT

New York City will pay a $10 million settlement to Jabbar Collins who was wrongfully convicted of murder for which he spent 15 years in prison.

Collins’ battle with the city also helped to bring down Brooklyn District Attorney Charles Hynes, whose top aide Michael Vecchione prosecuted Collins, allegedly withholding evidence and coercing witnesses to win a conviction. Collins and his lawyer, Joel Rudin, exposed extensive prosecutorial misconduct emanating from the DA’s office.

In an editorial co-published with the NY Daily News, ProPublica’s Joe Sexton says Collins’ win does not mean that the system worked: Vecchione paid no consequences for misconduct, and it’s likely that he never will. Instead, tax payers will foot the bill for Vecchione’s misdeeds in the Collins case. Prosecutorial misconduct goes largely unchecked, thanks, in part, to laws protecting prosecutors from liability. Here’s a clip:

So many shortcomings spotlighted by the Collins case remain unresolved.

Michael Vecchione, the prosecutor who gained a murder conviction against Collins in the 1990s and who was later accused of having committed an array of misconduct in the case, has to date faced no sanction.

And history suggests he won’t. He even managed to cash out a couple hundred days of vacation as he quietly left the Brooklyn district attorney’s office last year.

The taxpayers who paid for those vacation days are now on the hook for $10 million more, footing the bill for Collins’ wrongful conviction.

The lack of consequences for Vecchione — who was accused by Collins and his lawyer of intimidating witnesses, suborning perjury and lying about it all for years while Collins sat in prison — get at larger problems with the system of prosecutorial oversight.

Two federal judges ultimately came to damning conclusions about Vecchione’s conduct. They upbraided him in open court. But there’s no evidence they reported him to the state disciplinary committees appointed to investigate complaints of attorney misconduct.

The fact that it is not clear whether any state panel charged with policing attorneys has or will take up Vecchione’s history underscores what many have complained about for years: The state’s disciplinary system operates almost entirely in secret. Its rare disciplining of prosecutors, then, often remains unknown to the public, including the men and women later facing those prosecutors in court.

The system offers the innocent and the damaged only one meaningful recourse for exposing prosecutorial misconduct: a civil lawsuit. But such suits require years of expensive effort, and, of course, are only even theoretically available to those who have managed to win their freedom.


SOCIAL WORKERS GAIN MORE ACCESS TO CRIMINAL HISTORY OF FOSTER PARENTS AND PROVIDERS TO KEEP KIDS SAFE

On Thursday, Gov. Jerry Brown signed an important bill, SB 1136, to allow social workers to access foster care parents and providers criminal history data before placing kids in their care. Foster care providers have to receive a criminal record clearance or exemption from the state, according to existing law.

To help them better protect vulnerable foster kids, social workers will now be able to see if (and why) parents or providers have received a suspension, probation, or a revoked license.

The LA Times’ Garrett Therolf has more on the bill. Here’s a clip:

The legislation, SB 1136, comes in response to Times reports documenting instances when children were harmed and taxpayer money was allegedly misspent by people with criminal backgrounds who had been granted special waivers from the state to receive foster children.

In the past, county social workers, who have the responsibility to place at-risk children in safe homes, were unable to view criminal records of foster parents or workers at agencies that help find and train foster families.

The law takes effect on Jan. 1.


CALIFORNIA AG KAMALA HARRIS TO APPEAL RULING AGAINST CALIFORNIA DEATH PENALTY

California Attorney General Kamala Harris has decided to appeal a federal judge’s ruling against California’s death penalty.

U.S. District Court Judge Cormac J. Carney ruled last month that delays keeping inmates on death row for decades amounts to cruel and unusual punishment.

Here’s what AG Harris had to say about her decision: “I am appealing the court’s decision because it is not supported by the law, and it undermines important protections that our courts provide to defendants. This flawed ruling requires appellate review.”

KPCC’s Nathan McIntire has the story.

Posted in DCFS, Death Penalty, Foster Care, immigration, Prosecutors | 1 Comment »

Gov. Signs Bill to Curb Deportations for Misdemeanors….Federal Judge Argues in Favor of Firing Squads….Representation for 46K Affected by Retroactive Sentencing Guidelines

July 23rd, 2014 by Taylor Walker

GOV. BROWN SIGNS BILL TO KEEP LEGAL IMMIGRANTS CONVICTED OF LOW-LEVEL CRIMES FROM BEING DEPORTED

On Monday, Governor Jerry Brown signed a piece of legislation that aims to reduce the number of deportations of legal immigrants for non-felony crimes.

Federal law allows for deportation of permanent legal residents who commit crimes carrying a one year sentence (or more). The measure, authored by Sen. Ricardo Lara (D-Bell Gardens) lowers the maximum sentence for a misdemeanor from one year to 364 days. The bill garnered bipartisan support in both the Senate and Assembly.

The Associated Press’ Don Thompson has the story. Here’s a clip:

As of Jan. 1, SB1310 will reduce the maximum penalty for misdemeanors to 364 days to conform to the federal law.

“Amazingly, the fact that it’s 364 means it’s not an aggravated felony under federal law,” said Steven Rease, a criminal defense attorney in Monterey County. “It’s a very small change in terms of 365, 364, but it’s going to make all the difference in the world to a legal immigrant…whose chances of deportation are greatly reduced.”

Rease is co-chairman of the legislative committee of California Attorneys for Criminal Justice, which represents defense attorneys and sought the change in state law.

He estimated the change could affect thousands of people in California, based on the scores of cases he has seen mainly among farm workers in his county who have been convicted of misdemeanors for things like writing bad checks.

The Coalition for Humane Immigrant Rights of Los Angeles also projected the change could affect thousands of immigrants in California. It estimated that more than 100,000 children legally residing in the United States had a parent deported for a misdemeanor crime between 1997 and 2007. It said similar legal changes have been adopted by Nevada and Washington state.

“While the federal government continues to turn a blind eye to our broken immigration system, California continues to advance state legislation to ensure aspiring citizens are integrated into our fabric instead of being in the shadows,” the group’s policy and advocacy director, Joseph Villela, said in a statement.


9TH CIRCUIT CHIEF JUDGE KOZINSKI TELLS STATES TO BRING BACK FIRING SQUADS

In a dissent criticizing execution by lethal injection, 9th Circuit Court of Appeals Chief Judge, Alex Kozinski, called for states to go back to using firing squads.

The judge’s dissent came in the case of an Arizona man seeking a stay of execution after the state refused to release information on the drugs to be used in his lethal injection. (The death row inmate, Joseph Rudolph Wood, won the stay, but the Supreme Court promptly reversed the lower court’s ruling and lifted the stay.) The ruling followed five days after U.S. District Judge Cormac J. Carney declared California’s death penalty unconstitutional.

Kozinski, a supporter of the death penalty, called lethal injections a “misguided effort to mask the brutality of executions.”

KPCC’s Rina Palta has more on the issue. Here’s a clip:

Legal scholars say the judge’s splashy approach is aimed less at shocking the public than asking it to confront its own relationship with the death penalty.

The dissenting opinion came in the case of an Arizona inmate scheduled to be executed by lethal injection on Thursday. Joseph Rudolph Wood, convicted of killing his ex-girlfriend and her father, sought a delay on the grounds that Arizona has refused to disclose details of their execution protocol. Wood won the stay, and the 9th Circuit decided not to review his case–a decision Judge Kozinski disagreed with on the cases’ legal merits.

Kozinski used his dissenting opinion, however, to launch into a bit of a tangent on lethal injection—the preferred execution method of all state’s that have the death penalty. Firing squads may be disturbing, he said, but unlike lethal injection, they’re relatively fool-proof.

The judge wrote:

“Whatever the hopes and reasons for the switch to drugs, they proved to be misguided. Subverting medicines meant to heal the human body to the opposite purpose was an enterprise doomed to failure. Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and peaceful—like something any one of us might experience in our final moments.

But executions are, in fact, nothing like that…They are brutal, savage events, and nothing the state tries to do can mask that reality. Nor should it. If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf…

Sure, firing squads can be messy, but if we are willing to carry out executions, we should not shield ourselves from the reality that we are shedding human blood. If we, as a society, cannot stomach the splatter from an execution carried out by firing squad, then we shouldn’t be carrying out executions at all.”

Kozinski, it should be noted, is not a death penalty opponent.

Read the rest.


NO RIGHT TO LEGAL AID FOR 46,000 FEDERAL DRUG OFFENDERS ELIGIBLE FOR SENTENCE REDUCTIONS

On Friday, the US Sentencing Commission voted to make retroactive drug sentencing guidelines that reduced sentences for most drug trafficking offenses by an average of two years.

The decision is expected to affect more than 46,000 federal prisoners who will be able to seek sentence reductions.

Law professor and sentencing expert, Doug Berman, in his blog Sentencing Law and Policy points out that federal prisoners do not have a right to legal counsel in sentence modification court proceedings. Berman explains that normally, public defender offices try to provide legal help to those seeking sentence reductions, but will not be able to handle the influx of nearly 50,000 inmates seeking aid.

Experts like Berman point out the necessity to find some solution to the problem because, as Berman says, ” …the proper application of new reduced drug offense guidelines can involve various legal issues that may really need to be addressed by sophisticated legal professionals.”

Here’s a clip:

As hard-core federal sentencing fans likely already know, most lower federal courts have ruled that federal prisoners do not have a Sixth Amendment right to counsel applicable at the sentence modification proceedings judges must conduct to implement reduced retroactive sentencing guidelines. Consequently, none of the nearly 50,000 federal drug offense prisoners who may soon become eligible for a reduced sentence have any right to legal assistance in seeking this reduced sentence.

Fortunately for many federal prisoners seeking to benefit from previous guideline reductions, many federal public defender offices have traditionally made considerable efforts to provide representation to those seeking reduced sentences. But even the broadest guideline reductions applied retroactively in the past (which were crack guideline reductions) applied only to less than 1/3 of the number of federal prisoners now potentially eligible for reductions under the new reduced drug guidelines. I suspect that pubic defenders are unlikely to be able to provide significant legal help to a significant number of drug offenders who will be seeking modified sentences under the new reduced drug guidelines.


AND WHILE WE’RE ON THE TOPIC…

An NY Times editorial praises the US Sentencing Commission’s vote in favor of retroactivity, and calls on Congress to let the decision stand. Here’s a clip:

The commission’s bold step, which will ease overcrowding in federal prisons, stands in stark relief to the mind-numbing failure of Congress to make meaningful progress on criminal justice reform. At the same time, it is consistent with a healthy trend among state governments that are finding innovative ways of shrinking prison populations while also reducing crime.


Posted in Death Penalty, Edmund G. Brown, Jr. (Jerry), immigration, Sentencing | No Comments »

This American Life Does the LASD, Garcetti Says Why He Will Do the Right Thing With Border Kids….And More

July 21st, 2014 by Celeste Fremon


THIS AMERICAN LIFE LOOKS AT THE WHEN THE LA SHERIFF’S DEPARTMENT GETS MAD

This past weekend, in a show called “Mind Your Own Business” American Public Radio’s This American Life broadcast a story having to do with The Los Angeles Sheriff’s Department. In particular, they talked about what happened when the FBI began to investigate brutality against inmates at the LA County Jail system, and the sheriff’s department decided they didn’t like being investigated.

Here’s how the segment, produced by Nancy Updike, opened:

There’s been a big, messy, fascinating story unfolding in Los Angeles for awhile… involving two big law enforcement agencies: the LA county sheriff’s department, which is huge, and the FBI. A secret investigation got exposed. There were accusations and counter-accusations, and clandestine recordings, and by the end, a bunch of people’s careers were over.

For the story (which begins shortly after the 30 minute on the podcast) producer Updike interviews LA Times reporter Robert Faturechi. Then she plays excerpts from three of the recordings that were introduced as evidence at the recent federal trial that ended with six members of the LASD being convicted of obstruction of justice.

The first recording she plays is from 2010 in which FBI Special Agent Leah Marx, the lead investigator looking into inmate abuse at the jails, is covertly recording a conversation with Deputy William David Courson (with whom she’s on a semi-date) who told her—among other things—about what he called the “unwritten rules” of how to treat inmates. For instance, he said, “… you learn that any inmate who fights with a deputy goes to the hospital.”

They don’t have to make the first move, he says, they can just be thinking about it.

There’s lots more. So listen.


MAYOR GARCETTI EXPLAINS WHY HE WILL SHELTER ENDANGERED IMMIGRANT KIDS

This weekend, as anti-immigration protestors around the country continqued to oppose any kind of government help for the more than 50,000 unaccompanied kids now detained who have crossed American borders in recent months, Los Angeles Mayor Eric Garcetti talked to Arun Rath of NPR’s Weekend Edition, about his controversial announcement last Tuesday that Los Angeles would help find temporary homes for many of these kids while the courts tried to sort out what to do about the ballooning humanitarian crisis.

Here’re a couple clips from the NPR interview:

RATH: Determining the final status of these children could take a while. Immigration hearings can take years to schedule. This take us sort of beyond housing to, you know, schools, health care, other services. Won’t this seriously strain city resources over the long-term.

GARCETTI: Well, you know, Los Angeles already faces the broken immigration system and its costs when we can’t award scholarships to students who are A-students and have only known the United States but might be undocumented, when we see, you know, emergency room visits and other things. There’s no doubt that there’s been a strain on local budgets, which is why I think we need comprehensive immigration reform. But this is a different issue here. This is an emergency situation. These are kids first and foremost. And then of course, you know, we do have to go through formal procedures on what will happen with them. I would love to see those things accelerated. I would love them to see, you know, a faster path to citizenship for people who already live here. I would love to see our borders secured, but that shouldn’t keep us from action at moments of humanitarian crisis.

[SNIP]

RATH: Mayor, what would be your message to potential immigrants or those who are considering potentially risking their children’s lives to get them to this country?

GARCETTI: Well, I don’t think – the system that we have, it’s very wise. And for me, the reason that I’m reaching out is we have children that are here. But I certainly wouldn’t encourage people to send their children or for children to cross the border. That’s an incredibly dangerous journey. And I’d want people to hear that loud and clear. But just as loud and clear, I think we have an obligation, once we suddenly have children that are in our country here, to be caring about them while we determine their final status.


THIS IS NOT AN IMMIGRATION CRISIS, IT IS A REFUGEE CRISIS

If you are newly grappling with this issue, for one of the quickest, clearest pictures of why the growing number of unaccompanied minors represents a different brand of immigration dilemma, we recommend reading the whole of last Sunday’s NY Times op ed by the Pulitzer-winning author of Enrique’s Journey, Sonia Nazario.

You’ll be missing out if you don’t read the whole chilling—and informative—essay, but here’s the opening to get you started.

Cristian Omar Reyes, an 11-year-old sixth grader in the neighborhood of Nueva Suyapa, on the outskirts of Tegucigalpa, tells me he has to get out of Honduras soon — “no matter what.”

In March, his father was robbed and murdered by gangs while working as a security guard protecting a pastry truck. His mother used the life insurance payout to hire a smuggler to take her to Florida. She promised to send for him quickly, but she has not.

Three people he knows were murdered this year. Four others were gunned down on a nearby corner in the span of two weeks at the beginning of this year. A girl his age resisted being robbed of $5. She was clubbed over the head and dragged off by two men who cut a hole in her throat, stuffed her panties in it, and left her body in a ravine across the street from Cristian’s house.

“I’m going this year,” he tells me.

I last went to Nueva Suyapa in 2003, to write about another boy, Luis Enrique Motiño Pineda, who had grown up there and left to find his mother in the United States. Children from Central America have been making that journey, often without their parents, for two decades. But lately something has changed, and the predictable flow has turned into an exodus. Three years ago, about 6,800 children were detained by United States immigration authorities and placed in federal custody; this year, as many as 90,000 children are expected to be picked up. Around a quarter come from Honduras — more than from anywhere else.

Children still leave Honduras to reunite with a parent, or for better educational and economic opportunities. But, as I learned when I returned to Nueva Suyapa last month, a vast majority of child migrants are fleeing not poverty, but violence. As a result, what the United States is seeing on its borders now is not an immigration crisis. It is a refugee crisis.


TRAINS, AMPUTATIONS AND WHY KIDS ARE ON THE RUN

And for an additional view, read this by another very experienced reporter, the Center for Public Integrity’s Susan Ferris, who writes of what she saw about kids fleeing violence ten years ago when she was based in Latin America for the Atlanta Journal-Consitution, and how much worse things have gotten now.

Ferris also writes about how dramatically different an outcome is likely to be for a child in immigration court— depending upon if he or she has a lawyer, or is without one.

Here’s a clip:

A Syracuse University project known as TRAC released a report this week analyzing more than 100,000 juvenile cases filed in the nation’s immigration courts over the last 10 years. Only 43 percent of kids in these cases were or are currently represented by lawyers who help plead for asylum or another form of legal status, according to TRAC, the acronym for the university’s Transactional Records Access Clearinghouse.

Immigration courts are clogged with backlogs, but juvenile cases only represent about 11 percent of all cases currently pending.

Kids, like adults, do not have the right to the appointment of attorney in immigration proceedings.

But TRAC found that having a lawyer increased the odds that kids would win their claims against deportation: In cases that have been resolved, nearly half the children who had attorneys — 47 percent — were allowed to remain in the United States. When children did not have legal representation, courts allowed only one in 10 to remain here.


SUNDAY, UNACCOMPANIED KIDS WERE THE SUBJECT OF LA’S ANNUAL IMMIGRATION MASS

The LA Times’ Kate Linthicum has that story. Here’s how it opens:

During Sunday Mass at a sunlit cathedral in downtown Los Angeles, a 22-year-old woman stepped timidly to a podium and began her story.

“My name is Dunia Cruz,” she said in Spanish. “I came here from Honduras.”

As she spoke of the gang violence that she said drove her and her toddler son from Central America in April — and of their dangerous journey across Mexico — Cruz was interrupted by bursts of applause.

Her tale resonated with many of the transplants from other countries in the crowded church pews….

Posted in immigration, jail, juvenile justice, LA County Jail, LASD | 9 Comments »

Sheriff’s Candidates Wax Progressive at Debate….Tanaka’s a No-Show….Eric Previn Wants 2 be Supe…& More

March 21st, 2014 by Celeste Fremon

SHERIFF’S CANDIDATES GET NOTABLY PROGRESSIVE AND PAUL TANAKA PULLS A LAST MINUTE NO-SHOW AT THE 2ND BIG PUBLIC DEBATE

Mercado La Paloma in South LA was jammed Thursday night as five of the seven candidates running for LA County Sheriff took their seats for the second public debate, and answered questions on such topics as alternative sentencing, building new jails, immigration enforcement, data gathering on stop & frisk, and more—all topics to which the five men gave consistently progressive-leaning answers that featured more agreement than difference.

For instance, the candidates were asked if they were in favor of solving the jail overcrowding problem by building new jails?

By and large they are not. They’d rather manage the jail population by finding appropriate therapeutic housing for the mentally ill who routinely turn up in the jails, and most favored some kind of alternate sentencing and pretrial release.

Bob Olmsted wants to create a special court for the mentally ill.

“We need to free the bed space for those who really need to be locked up,” he said.

“We need community based mental health clinics,” agreed Jim McDonnell.

Jim Hellmold and Lou Vince said no to any kind of jail expansion. “Once we do that, those beds are always going to be filled,” said Vince.

“Community based alternatives can reduce recidivism by ten or twenty percent,” said Todd Rogers and then proceeded to expand enthusiastically on the topic.

The candidates also favored a more appropriate, family-friendly environment for women who are locked up.

“Right now our women are housed in facilities that are intended for men in complete lockdown,” said Hellmold.

All the candidates were roundly in favor of a robust citizen oversight body for the LASD

And so it went on topic after topic. While there were degrees of difference, there was more often agreement that leaned in a distinctly reformist direction.

“They were more progressive in many cases than the majority of the board of supervisors,” said So Cal ACLU legal director, Peter Eliasberg, after the questioning was over. (The ACLU was one of the event’s sponsors.) “For example, there was a real unanimity in the suggestion that LA is incarcerating way too many people. Whereas what appears to be the board’s response, which is to build more jail beds, that’s clearly not what these candidates want to be doing.”


WHILE 5 CANDIDATES OPINED, 2 CANDIDATES WERE MISSING

Two candidates in the field, however, were not available for comment.

Pat Gomez had another event he felt he had to attend so wasn’t able to take part in the debate, but according to Eliasberg, Gomez notified the debate staff a week or two in advance.

Paul Tanaka, in contrast, cancelled “because of a conflict” at exactly 12:37 pm on the day of the event, said Eliasberg.



AND IN RELATED NEWS: AD HOC WATCHDOG ERIC PREVIN RUNS FOR SUPERVISOR

Eric Previn, our favorite ad hoc LA County watchdog, would now like to join the ranks of those he has previously enjoyed hectoring mightily on regular basis.

Hillel Aron (whom we’re happy to note will now be writing full time for the LA Weekly) has the story. Here’s a clip:

Eric Preven isn’t like other gadflies, those full-time roustabouts who skulk the halls of L.A. government making public comment after comment until every bureaucrat is ready to put a gun to his or her head. Preven is different; he’s… well, he’s cleaner. And more normal looking. And: Preven digs up good dirt.

Inspired by something weird that was done to Preven’s mom’s beloved labrador a few years ago (by L.A. County Animal Control), he’s acquired a compulsion to appear each Tuesday to castigate the five powerful members of the County Board of Supervisors, who oversee government programs affecting 10 million people*, control a budget of about $25 billion – and enjoy power and authority virtually unrivaled in California.

They meet Preven with a bitter indifference or, more often, open disdain. But now, the biggest thorn in the Supervisors’ sides is running to replace Zev Yaroslavsky, so he can join the bunch he taunts with surprisingly well-informed criticisms and news scoops.

Here’s Previn in high theatrical form.


CRIMINAL JUSTICE BILLS & BUDGET PRIORITIES TO WATCH in 2014

Californians for Safety and Justice, a non-profit that gives voice to crime victims and brings them together with community leaders, policymakers, law enforcement and more, has created a wish list of 2014 bills and budget priorities to keep an eye on.

Here is a representative sampling of the items on their list:

BILLS

AB 1919 (V.M. Perez) – Increase the Use of Risk Assessments: Research shows that we reduce repeat offenses when people in the justice system are matched with programming and supervision determined by an individual risk and needs assessment. This bill will encourage counties to use a validated risk and needs assessment for people in their local justice system.

AB 2612 (Dababneh) – Increase Access to Drug Treatment Programs: Nearly two-thirds of all jail inmates suffer from a substance abuse disorder, and, if unaddressed, such disorders drive criminal behavior. With the implementation of the Affordable Care Act, California has an opportunity to increase the use of federal Medi-Cal dollars to fund drug treatment programs as an effective alternative to warehousing people in jails. This bill would address existing barriers to increased placement in residential programs.

SB 466 (DeSaulnier) – Creating the California Institute for Criminal Justice Policy: This bill would create a nonpartisan, independent institute to conduct timely research on criminal justice and public safety issues. Its primary responsibility will be creating a Master Plan for California Public Safety based on research and evidence-based practices in the field, and the Institute will also analyze any criminal justice bill to determine its effectiveness, cost-benefit and suitability within the Master Plan.

BUDGET PRIORITIES

Help Crime Victims Recover, Avoid Repeat Victimization by Expanding Trauma Recovery: Victims often experience long-term effects, including trauma and mental health conditions. Left unaddressed, these conditions can impact victims’ ability to recover and may lead to financial problems, mental health issues, substance abuse, depression and further victimization. The existing system can be confusing to access and often only offers short-term support. The Trauma Recovery Center model takes a holistic approach to healing the person in a welcoming and safe environment that provides long-term support.

Improve the Outcomes for Women and Families via Alternative Custody Programs: Research has shown that women in the justice system who maintain a relationship with their children are less likely to reoffend, and their children are less likely to suffer trauma and to be incarcerated as adults. By implementing programs that allow women who have committed nonviolent, non-serious to serve their time in alternative custody programs, we can reduce crime and population pressures on prisons and jails.

Ensure Structured Reentry to Reduce Recidivism by Expanding Split Sentences: The first few weeks an individual is released from prison or jail is a crucial time. Structured reentry, through the use of reentry services and supervision, can reduce the likelihood of reoffending and increase public safety. Under Public Safety Realignment, some people are serving their entire sentence in jail and have no support or supervision upon release. By making split sentences the default (unless a judge rules otherwise out of the interest of public safety), we can ensure individuals have a more effective reintegration into the community.

Reduce Jail Pressures, Costs by Incentivizing the Use of Pretrial Programs: Using jail space to house low-risk people awaiting trial is expensive and paid for public safety. For low-risk people not yet convicted of a crime, evidence-based pretrial programs can increase court appearances, reduce recidivism and save valuable public safety dollars.

Click here for the rest..


TREATING PREGNANT WOMEN IN CALIFORNIA PRISONS

Dr. Corazon Navarro has been treating pregnant state prison inmates since 1987. She is the OB/GYN at the California Institute for Women in Chino.

In KPCC’s First Person project, Navarro tells about her work and what she loves about it.


Posted in 2014 election, immigration, LA County Board of Supervisors, LASD, pretrial detention/release, prison, prison policy, Realignment, Sentencing | 23 Comments »

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