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Arresting Kids Under 12, Hidden Costs of Running Jails, Pell Grants for Inmates, Body Cams, and Freddi Gray

May 22nd, 2015 by Taylor Walker


CALIFORNIA ARRESTS 93% FEWER KIDS AND PRE-TEENS THAN 30 YEARS AGO, BUT TWO CITIES DO NOT LINE UP WITH THE TREND

Arrest rates for California’s kids under the age of twelve have experienced a steep decline over the last 30 years, according to a new report from the Center on Juvenile and Criminal Justice. The number of young arrestees dropped a whopping 93%. The decrease appears to be due, in part, to a drop in child crime between the late 70′s and now, but it may also be attributable to local efforts to decriminalize kids. Two cities, however, have not gotten their act together with regard to child and pre-teen arrests.

Statewide, almost 14,000 kids under twelve were arrested in 1978, nearly a third of whom were younger than ten. Thirty-five years later, in 2013, when the number of kids under twelve had risen by 40%, just under 1,400 kids younger than twelve (219 under ten) were arrested.

Most of California’s 58 counties mirrored the state trend, but eleven did not. Nine of those counties were tiny. No kids were arrested in those counties spanning the three decades. But two small counties experienced higher arrest rates, but those counties’ only arrested between zero and four kids. Stockton and the city of San Bernardino broke from the pack. In both cities, school district officers are allowed to arrest young kids, and they do arrest them—a lot. Stockton only has 1% of the state’s total number of kids under ten, those kids account for 26% of the state’s total arrests of kids in that age group.


NON-BUDGET JAIL SPENDING NOT CALCULATED BY COUNTIES, COULD HAVE AN IMPACT ON CRIMINAL JUSTICE REFORM IF COUNTIES WOULD TRACK THE $$$

The US spent $22.2 billion on jails in 2011. And that price tag is much lower than if it included costs not covered in the official jail budgets—for example, employee benefits, inmate health care, capital costs, administrative costs, legal costs, and inmate services—, according to a new survey and study from the Vera Institute of Justice.

Vera researchers surveyed 35 jail systems (including Alameda County) in 18 states, holding 9% of the US jail population. The study found that many jail systems had difficulty calculating the total cost (incurred by taxpayers) of running their jails. And if jails don’t track those costs, and taxpayers do not know how much they are truly spending on locking people up in local jails, and neither do the policymakers pushing criminal justice reform.

According to the Vera survey, eight of the jail systems spent non-budget dollars equaling more than 20% of their budget. Twelve of jail systems surveyed could not come up with their non-budget costs.

Here’s a clip from the study:

…in addition to the $1.1 billion spent by the City of New York Department of Correction in 2014, other city agencies spent an additional $1.3 billion for jail employee benefits, health care and education programs for incarcerated people, and administration, bringing the total cost to $2.4 billion.

Because reported jail costs are too often incomplete, policymakers and the public are seldom aware of the full extent of their community’s financial commitment to the jail. As policymakers focus on justice reform at the local level, they need to understand how much the community is actually spending. To this end, researchers at the Vera Institute of Justice developed a survey to help counties tally the actual price of their jails.

The only way to safely reduce the cost of jail is to limit the number of people in the jail, because the cost largely comprises expenses for staff and the number of staff is dictated by the population of incarcerated people. In fact, the inmate population is such a key cost driver that it is possible for “expensive” jails (meaning those with a high average per-inmate cost) to be the least costly to taxpayers.

Consider the example of two counties of similar size: Johnson County, Kansas, and Bernalillo, New Mexico. By comparing the average cost per inmate, the jail in Johnson County appears to be more than twice as expensive as the jail in Bernalillo County ($191.95 per day versus $85.63 per day in 2014). But taxpayers in Johnson County actually spend less on the jail than taxpayers in Bernalillo County do, because the incarceration rate in 2014 was more than three times lower (121 per 100,000 versus 369 per 100,000). As a result, the annual cost of jail in Johnson County is $49 million ($82 per county resident), versus $78 million ($113 per county resident) in Bernalillo County.


PELL GRANTS MAY BE EXTENDED TO SOME INMATES…US DEPT. OF EDUCATION, MAY OVERTURN A PORTION OF A SHORT-SIGHTED 1994 BILL

The US Department of Education is expected to lift a portion of a punitive 1994 ban on inmate eligibility for Pell Grants to attend college while they are behind bars.

A RAND study found that for every dollar spent on education for inmates, the state would save $5, and greatly reduce recidivism rates.

PBS’ Paul Fain has more on the issue, including what ending the Pell Grant ban would look like from a financial standpoint. Here’s a clip:

If the project is successful, it would add to momentum for the U.S. Congress to consider overturning the ban it passed on the use of Pell for prisoners in 1994.

“The idea is under consideration,” a department spokesperson said.

Sources said the Obama administration backs the experiment, and that it would be unveiled this summer.

A likely scenario would be for state and federal prison education programs from a handful of colleges to become eligible for Pell Grants. Various restrictions might apply, such as for participating students to be eligible only if they are scheduled for release within a specific number of years.

Even a limited experiment will provoke controversy. Spending government money on college programs for convicted criminals is an easy target for conservative pundits and for some lawmakers from both political parties.

For example, last year New York Gov. Andrew Cuomo dropped his proposal to use state funds for prison education programs after the plan received immediate and fierce opposition.

Yet advocates for removing the federal ban point to evidence that supporting educational opportunities for prisoners pays off for students, for government coffers and for society on the whole.

[SNIP]

Some Republican state lawmakers support prison education programs, experts said, because they like the clear return on investment.

“It is financially wise,” said John Dowdell, coeditor of The Journal of Correctional Education. “It’s time to get over the emotional bias and do what the data says.”


LAW ENFORCEMENT AGENCIES GRAPPLE WITH HOW MUCH ACCESS PUBLIC SHOULD HAVE TO BODY CAM FOOTAGE

In LA and around the country, law enforcement agencies are purchasing and implementing police body cameras as a means of increasing accountability to the public. But so far, police forces (including the LAPD) have argued that privacy for both officers and the people they come in contact with, and maintaining investigation integrity, outweigh the public’s desire for department transparency.

In April, LAPD Chief Charlie Beck said that officers could review their body cam footage before writing reports. Chief Beck also said that for the most part, captured video will be treated as evidence, and will not be made public. (The LA County Sheriff’s Dept. requires the officers to provide statements before viewing footage.)

The LA Times’ Richard Winton sheds some light on the controversy and the difficulty in finding a middle ground. Here’s how it opens:

Cameras mounted inside patrol cars captured every moment.

With their guns drawn, Gardena police officers screamed instructions at three men on the sidewalk. The officers warned them to keep their hands above their heads, mistakenly believing that they had been involved in a robbery.

Exactly what happened next is in dispute, but what is undisputed is that the men were unarmed when police opened fire, killing one and seriously wounding another.

Afterward, the Gardena Police Department allowed the officers — over the objection of a sheriff’s investigator — to review video of the incident. But the department has refused to make the videos public, even after the city agreed to pay $4.7 million to settle a civil rights lawsuit over the shooting.

Across the country, law enforcement agencies are equipping police and patrol cars with cameras to capture interactions between officers and the public. But many of those police forces, like Gardena’s, do not release the recordings to the public, citing concerns about violating the privacy of officers and others shown in the recordings and the possibility of interfering with investigations.

That approach has drawn criticism from some civil rights activists who say that the public release of recordings is crucial to holding police accountable — especially if the officers involved in the incidents are allowed to view the videos.

Gardena Police Chief Ed Medrano defended his department’s position as consistent with that of other law enforcement organizations around the country. He added that it was intended to protect the integrity of investigations as well as the privacy of officers and those who come into contact with police.

“The general public does not have an unfettered right to see every video that is taken by law enforcement,” Medrano said in an email. “Thus, absent a court order to the contrary, many agencies across the country, including Gardena, do not intend to release videos to the public.”


FREDDIE GRAY UPDATE: FED. GRAND JURY INDICTS OFFICERS

On Thursday, a grand jury chose to indict six officers allegedly connected to the death of Freddie Gray in Baltimore.

The Baltimore Sun has the story. Here’s how it opens:

Baltimore grand jury returned indictments against the six officers charged earlier this month in the in-custody death of Freddie Gray, State’s Attorney Marilyn J. Mosby announced Thursday.

Prosecutors presented evidence to the grand jury over the course of two weeks, Mosby said. Reckless endangerment charges were added against all six officers, while false imprisonment charges against three were removed. The remaining charges are largely the same ones her office filed May 1, following an independent investigation.

“As our investigation continued, additional information has been discovered, and as is often the case during an ongoing investigation, charges can and should be revised based upon the evidence,” Mosby said at a news conference.

The case now moves to Baltimore Circuit Court, where the officers will be arraigned July 2. All remain free on bail.

Gray, 25, was arrested April 12 after running from officers patrolling the Gilmor Homes area of West Baltimore. His death seven days later led to widespread protests that gave way to citywide rioting, deployment of the National Guard and institution of a curfew.

Thrust into a national debate over cases of police brutality, Mosby stunned many when she moved swiftly to bring charges against the officers that included second-degree murder and involuntary manslaughter.

Posted in Education, jail, juvenile justice, LAPD, School to Prison Pipeline, Youth at Risk | 18 Comments »

PANDORA’S BOX FINALLY GOES UP THE LADDER: The Day That Paul Tanaka and Tom Carey of the Los Angeles Sheriff’s Department Were Federally Indicted – UPDATED

May 16th, 2015 by Celeste Fremon


“The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

- David Bowdich, Assistant Director in Charge, LA offices of the FBI



THE ARRAIGNMENT

On Thursday, May 14, the day it actually happened, the mood among even the observers was of an almost theatrical unreality.

For weeks sources had dropped hints that former undersheriff Paul Tanaka and, with him, former captain William “Tom” Carey, were going to be federally indicted—and soon. But who knew? Eight months ago several sources close to the U.S. Attorney’s office said that a Tanaka indictment simply was not going to happen.

Carey, maybe, but not the former undersheriff.. The man was, after all, a runner-up in the November 2014 race for sheriff and he was still the 3-term elected mayor of the city of Gardena.

Yet seven lower-ranking members of the department had been charged, convicted and handed prison terms for engaging in actions that, according to all credible accounts, Tanaka, and to a much lesser degree, Carey, had ordered. So were the feds really going to let the underlings take the whole big, bad hit, while the shot-calling guys at the top walked away unscathed?

As it turns out, the answer to that question is: no.

Both Paul Tanaka and Tom Carey learned for certain late Wednesday afternoon through their attorneys that a grand jury had indeed handed down indictments . In reality, however, both the indictees and the lawyers had all but known for weeks. And then there were subtle hints that went out to both the Carey and Tanaka camps that planning a vacation in May would likely be….unwise.

Paul Tanaka is, of course, the former number two of the Los Angeles Sheriff’s Department and, at one time, the man who most insiders believed was all but guaranteed the top job after then-sheriff Lee Baca stepped down. But that was before a string of departmental scandals became public, before Baca “finessed” (his word) his once blindly trusted second in command into early retirement, before Tanaka hit back with verbal stiletto strikes delivered via the press, and before Baca resigned under still ambiguous circumstances on January 7, 2014.

Prior all that, Tanaka was Baca’s anointed successor, the crown prince, the guy whom nearly everyone in and around the department—everyone save Baca himself—believed truly ran the show. It was Tanaka who reportedly micro-managed nearly all important promotions, civil service rules be damned. He was also the person who could and would tank your career if you crossed him. He had to put his “people.” in place, Tanaka once confided in former LASD Commander Robert Olmsted. Because, he said, after Baca, he was going to be sheriff for the next 16 years.

Instead, at around 6:30 am on Thursday, Tanaka self-surrendered to federal agents at the FBI head quarters building in Westwood. Tom Carey too self-surrendered at around the same hour. Later that day, both men were led, in handcuffs, to holding cells inside the Edward Roybal federal building. Then at approximately 3:05 p.m. Tanaka was arraigned on 5 counts of obstruction of justice. Carey was arraigned right afterward. Tanaka wore a baby blue shirt, no tie, and sport coat, for the arraignment. Carey wore a bright white, long-sleeved Oxford shirt that looked very J. Crew-ish, no jacket. Neither were handcuffed anymore.

Both men were granted bail. Tanaka’s bail was set at $50,000, to be secured by a condo in Diamond Bar that is in his wife’s name. Carey’s bail was $100,000 but it was unsecured by either property or other assets. During the bond discussion, Judge Victor B. Kenton, the jurist presiding over the arraignment, wondered to Assistant U.S. Attorney Brandon Fox why Tanaka needed to be a bond at all—before acceding to the government’s wishes with some reluctance. (Since we’ve seen people charged with a couple of hand-to-hand sales of dime bags of meth slammed with a $100,000 in bail, no kidding, we wondered about his honor’s thinking, but that’s a conversation for another day.)

As is customary, both men were required to surrender their passports and firearms. (Carey didn’t have a passport, and Tanaka’s was out of date.) There was a small kerfuffle over the fact that Tanaka’s wife is an LASD detective thus legitimately needs her gun. Carey’s son, who lives in his father’s household, is also a sworn member of the sheriff’s department, so needs his gun as well. With a bit of back and forth, everyone settled on the notion of acquiring new lock boxes forthwith for the weapons of the spouses and offspring.

A joint trial for the two “co-conspirators” was set for July 7 in the courtroom of Judge S.James Otero—although absolutely no one involved thinks the trial will commence anywhere near that soon. Moreover, sources rate the chances at approximately 80 percent that Judge Percy Anderson will elect to snatch this juicy trial for himself, thereby moving Otero out. Anderson, those following closely will remember, presided over both of the trials of James Sexton (whom it took two trials to convict), and the trial the other six former department members who, along with Sexton, were convicted of obstruction of justice concerning the hiding of federal informant Anthony Brown and other actions designed to thwart the FBI’s investigation into chronic corruption and brutality in the Los Angeles County jail system.

UPDATE: Judge Percy Anderson did indeed manage to snatch the Tanaka-Carey case. But there are still no new trial dates.

Both men were released on bond at around 4:30 p.m. Thursday afternoon. They left the building with their lawyers, looking grim and rattled. Tanaka also had his wife beside him, a pretty woman who, on this particular afternoon, looked like she’d been through one hell of a 24 hours.


THE PRESS CONFERENCE

The news that two of the guys near the top of the LASD’s hierarchy were facing federal indictments was officially announced at Thursday’s 9 a.m. press conference where Acting United States Attorney Stephanie Yonekura laid out the charges:

Tanaka was charged with obstructing a federal investigation for allegedly “directing efforts to quash a federal investigation into corruption and civil right violations by sheriff’s deputies” in two of the county’s jail facilities, Men’s Central Jail, and Twin Towers, she said.

Tom Carey, the former head of ICIB-–the LASD’s unit that oversees criminal investigations within the department—was indicted along with Tanaka for “participating in a broad conspiracy to obstruct the investigation.” In addition, Carey was charged with two counts of “making false declarations” (basically perjury) for things he said in last year’s trials of former deputy James Sexton and six former members of the department, including two lieutenants, two sergeants, and two more deputies.

As she spoke to the hyped-up crowd of reporters, Yonekura used unusually descriptive language to describe the context in which the obstruction of charges against the two men were filed, particularly concerning Tanaka, whom she said (allegedly) didn’t merely obstruct justice regarding the Anthony Brown matter, but “had a large role in institutionalizing certain illegal behavior within the Sheriff’s Department” as a whole.

David Bowdich, the new the Assistant Director in Charge for the LA offices of the FBI, went further when he took the podium after Yonakura. “The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

As mentioned above, the charges against Carey and Tanaka are similar to the obstruction of justice charges levied against the seven former department members convicted last summer and fall (and whose cases are being heard on appeal by the 9th Circuit Court of Appeals, this coming fall). Except, of course, Tanaka’s and Carey’s roles were supervisory in nature. In other words, they were the ones who allegedly gave the orders that led to the obstruction charges—and the convictions—of seven department members, not the ones who mostly carried out what higher-ups told them to do.


THE INDICTMENT

The joint indictment of Paul Tanaka and Tom Carey is a 25-page document that makes for interesting reading.

The first nine pages cover what are called Introductory Allegations. These are the sort of back story that puts the the rest of the legal tale—namely the various “counts” that comprise the charges—into a larger narrative context. On page three, for example, the document states that:

“Defendants TANAKA and CAREY were well aware of allegations of rampant abuse of inmates at MCJ and TTCF [Twin Towers] and of allegations of insufficient internal investigations and enforcement of deputy misconduct by the LASD.”

It then goes on for the next two or three pages to give a list of examples of how Tanaka and, in some instances, Carey, ignored reports of deputy abuse of inmates when they were brought to them by such varied sources as a jail chaplain, an ACLU monitor, an LASD deputy, a lieutenant, a commander, and more.

The indictment also describes how Tanaka, in particular, allegedly seemed to foster misbehavior—as with his infamous “work the gray” speeches, or his reported 2007 threat to “put a case” on captains “who were putting the most cases on deputies,” and so on.

The remaining pages outline the “counts,” which basically have to do with ordering and/or overseeing the alleged hiding of inmate/informant Anthony Brown from the feds, surveilling and threatening FBI special agent Leah Marx, and attempting to threaten and cajole potential deputy witnesses from talking to the FBI—plus other related actions.

A careful reading of 25-pages is also intriguing in that it suggests, among other things, a list of possible witnesses that the feds could call at trial. (It most cases, the individuals mentioned in the indictment are not named, but comparing the anecdotal material in the document with, say, accounts of the Citizens Commission on Jail Violence hearings, and WLA’s own coverage of the LASD over the last few years, may offer relevant clues.)

In response to the indictment, both in a written statement and in conversation outside the courtroom, Tanaka’s two attorneys said that the charges against their client were “baseless,” and they were confident he would be exonerated of any wrongdoing.

“We’re not going to roll over, we’re going to fight it.”

If convicted of all the charges, Tanaka could get fifteen years in a federal prison. Carey, with his extra two counts, could do 25. Yet, judging by the sentences handed down to the other seven department members last year, where the longest term ordered was 41 months, should Tanaka and Carey be found guilty, their sentences too would likely be far shorter than the maximum.


AND WHAT ABOUT BACA?

At Thursday’s press conference, a good number of the questions asked by reporters weren’t about the recently indicted Tanaka and Carey, but about about the man who most conspicuously was not indicted—namely former sheriff Lee Baca. He was, after all, present at many of the meetings laid out in the charges. And in several instances he was reportedly the guy who called the meetings.

Acting US Attorney Yonekura declined to say whether or not Baca was or was not the focus of any ongoing investigation. She mostly answered the blizzard of questions by stating that “Mr. Baca is not charged at this time,” and “We will continue to look at any evidence that comes to us.” As to how they could indict the number two guy, without indicting the number one guy, she said, “We’ve charged the cases we feel we can prove beyond a reasonable doubt.”

Meanwhile, back among the non-indicted working department members, once the news broke about Tanaka and Carey, Sheriff Jim McDonnell sent out this message to the troops:

Today, the Department of Justice announced the indictments of former Sheriff’s employees Paul Tanaka and William Carey. The last several years have been hard on everyone. The indictments are part of a process that will run its course. During this time it is important for us to focus on our mission and look toward the future in demonstrating what the LASD is all about.

The US Attorney’s announcement is by no means a reflection on the tremendous work that you consistently do and the commitment that each of you provide to make a difference in the communities that we serve. The Sheriff’s Department is a national leader in law enforcement, an agency second to none.

I look forward to the future and continuing to work with you in moving the Department forward, not only in leadership, but in the eyes of the public.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 83 Comments »

DOJ, LASD Approve Antelope Valley Settlement…For-profit Prison Companies’ Political Influence…and How We Label Kids

April 29th, 2015 by Taylor Walker

LA SUPES OKAY DOJ AND SHERIFF’S DEPT. SETTLEMENT OVER DISCRIMINATION IN THE ANTELOPE VALLEY

On Tuesday, the US Department of Justice and LA County agreed on a court-enforceable settlement that will bring much-needed reforms to the LA County Sheriff’s Department stations in Lancaster and Palmdale.

The LA County Board of Supervisors approved the settlement in a closed-door meeting Tuesday. The Supes voted 4-1, with Mark Ridley-Thomas as the dissenting vote.

The settlement was announced nearly two years after the DOJ slapped the LASD with a 46-page “findings” letter detailing systemic discrimination against black (and to a lesser extent, Latino) residents.

The DOJ investigation found that officers from the Antelope Valley stations were conducting racially biased searches and seizures, using excessive force against people already in handcuffs, and harassing and intimidating Section 8 housing voucher holders along with the county Housing Authority with the intent to oust residents and push them into moving out of the area.

The DOJ is working out a separate agreement with the Housing Authority of LA County.

Tuesday’s settlement agreement also instructed the county to set aside $700,000 to compensate the Section 8 housing voucher holders whose rights had been violated—a far cry from the $12.5 million the Justice Department originally demanded of the county in 2013. The county is also ordered to pay an additional $25,000 penalty to the US.

An independent team will monitor the department’s progress as it puts the ordered reforms into action, against a four-year deadline.

Here are the issues to be be addressed, according to the DOJ:

Stops, searches and seizures: measures to improve collection and analysis of policing data to identify instances and patterns of unlawful police-civilian contact, such as stops without adequate legal justification;

Bias-free policing: improved training and supervisory review to prevent and identify biased or discriminatory conduct;

Use of force: measures to improve the quality of use-of-force investigations and develop a better means to detect and correct problematic force patterns and trends;

Policies and training: revised policies on use of force, preventing retaliation, supporting officers who report misconduct, and improving the field training program to ensure that officers develop the necessary technical and practical skills required to use force in a lawful and effective manner, with an emphasis on de-escalation and use of the minimal amount of force necessary;

Internal and civilian complaint investigations: including standards for conducting objective, thorough and timely investigations;

Supervision: including holding supervisors accountable for close and effective supervision; and providing guidance on effective accountability systems to improve public trust;

Housing: measures to ensure proper limits on deputy involvement in searches of Section 8 voucher holders’ homes for compliance with program rules; and

Community engagement: including measures to strengthen civilian involvement and feedback in setting policing priorities; public information programs to keep civilians informed of policing activities; requirements for community interaction at all levels of LASD; and establishing community advisory entities to ensure that meaningful feedback is obtained from the community.

The Sheriff’s Dept. has implemented around a third of the DOJ’s 150 requirements, thus far, but LA County Sheriff Jim McDonnell said he “will not be satisfied, nor should others be satisfied, until we are in full compliance with the high bar that we have willingly taken on – and I welcome the watchful eye of our community to ensure that we meet those standards.” Sheriff McDonnell said the LASD will look at the DOJ requirements as “opportunities” for the department to improve knowledge, training, and policies.


BY THE WAY: THERE ARE THREE MORE TOWN HALL MEETINGS (INCLUDING THURSDAY) TO DISCUSS THE LASD OVERSIGHT COMMISSION

The working group tasked with advising the LA County Board of Supervisors on the structure, power, and objective of civilian oversight for the sheriff’s department has been holding town hall meetings to gather community input on the issue. There are still three more meetings in different LA County locations through which you can have a voice in the creation of the oversight panel. Here’s the info.


THE GROWTH OF PRIVATE PRISON COMPANIES THROUGH SPENDING $$ ON POLITICS

Private prison companies GEO Group and Corrections Corporation of America purport to save states and the federal government money, but in doing so treat prisoners like commodities, even employing lock-up quotas and “low crime taxes.” (Read WLA’s previous posts about troubled private prisons—here, here, and here.)

In order to business from various states and the federal government, since 1989 the two companies have donated $10 million to candidates campaigns, and another $25 million lobbying. And the expenditures have paid off. In 2010, CCA and GEO Group made around $3 billion in profit. GEO Group’s 2010 profits, in particular, jumped 121% over their 2001 figures.

Presidential candidate, Senator Marco Rubio, appears to have close ties with GEO Group. When the now-senator served as Florida’s Speaker of the House of Representatives, the House awarded a $110 million contract for a new FL prison to the private company. GEO Group received the contract after Rubio hired a former GEO Group trustee as a financial advisor for his campaign. The senator has also received around $40,000 in campaign donations from the company throughout his career.

California has its share of private lock-ups run by the GEO Group, some federal, others local.

Michael Cohen shines a light on this issue for the Washington Post. Here’s a clip:

With the growing influence of the prison lobby, the nation is, in effect, commoditizing human bodies for an industry in militant pursuit of profit. For instance, privatization created the atmosphere that made the “Kids For Cash” scandal possible, in which two Pennsylvania judges received $2.6 million in kickbacks from for-profit juvenile detention centers for sending more kids to the facilities and with unusually long sentences. The influence of private prisons creates a system that trades money for human freedom, often at the expense of the nation’s most vulnerable populations: children, immigrants and the poor.

The biggest beneficiaries of private prisons’ political donations have been Republican politicians in Florida, Tennessee, and border states with high populations of undocumented immigrants. The Republic Party of Florida PAC has received nearly $2.5 million from GEO and CCA since 1989. In 2010, GEO and its affiliates pumped $33,500 into political action committees benefiting Florida Republicans, including the Marco Rubio for U.S. Senate PAC. Since 2009, GEO Group’s co-founder and chief executive, George Zoley, has personally donated $6,480 to Rubio.

A 2011 investigative report published by The Center for Media and Democracy detailed the connections between Rubio and GEO during his time in the Florida House. It notes that Rubio hired Donna Arduin, a former trustee for GEO’s Correctional Properties Trust, as an economic consultant. Arduin worked with Rubio’s then-budget chief, Ray Sansom, who pushed through a $110 million deal for a new GEO prison in the House Appropriations Bill. The report also detailed how legislation favorable to GEO Group has shadowed Arduin’s presence in government from California to Florida. In 2011, Florida Gov. Rick Scott – who also used Arduin as a budget adviser – pushed (unsuccessfully) to privatize 27 prisons south of Orlando.


“DELINQUENTS,” AT-RISK YOUTH,” AND “DROPOUTS”

For those of us who are word-junkies, Anya Kamenetz has a fascinating story for NPR about the history of what we have called kids who have had contact with the juvenile justice system, or are homeless, or who are not in school, or any combination of the three. From “juvenile delinquent,” to “superpredator,” to “at-risk youth,” Kamenetz breaks down what each label represents and suggests about kids they identify. Here’s how it opens:

Much of our recent reporting, especially from New Orleans, has focused on young people who are neither in school nor working. There are an estimated 5 1/2 million of them, ages 16 to 24, in the United States.

But what do we call them? The nomenclature has fluctuated widely over the decades. And each generation’s preferred term is packed with assumptions— economic, social, cultural, and educational — about the best way to frame the issue. Essentially, each name contains an argument about who’s at fault, and where to find solutions.

“I think the name matters,” says Andrew Mason, the executive director of Open Meadow, an alternative school in Portland, Ore. “If we’re using disparaging names, people are going to have a hard time thinking that you’re there to help kids.”

Mason has worked in alternative education for more than 23 years and has seen these terms evolve over time.

To delve deeper into just how much the taxonomy has changed, I used Google’s Ngram Viewer tool to track mentions of some of the most popular phrases in published books. I started at the year 1940. Back then, the prevailing term was:

Juvenile Delinquent

This is among the oldest terms used to describe this category of young people. It was originally identified with a reformist, progressive view that sought special treatment for them, outside of adult prisons. It lumped together youths who broke a law, “wayward” girls who got pregnant or young people who were simply homeless.

The New York House of Refuge, founded in 1825, has been called the first institution designated exclusively to serve such youth. An 1860 article in The New York Times described its mission as “the reformation of juvenile delinquents.”

This was the beginning of the “reform school,” aka “industrial school” movement. The primary response to young people in these situations was to institutionalize them, sometimes for years, with varying levels of access to food, shelter, work and education…

Posted in Civil Rights, Department of Justice, jail, Jim McDonnell, juvenile justice, media, racial justice | No Comments »

Mentally Ill and Locked-up Kids, State of the City, and Police Brutality

April 16th, 2015 by Taylor Walker

BACKGROUND ON RAHEEM HOUSSEINI’S ILLUMINATING STORY ABOUT HOW MENTALLY ILL KIDS WIND UP IN JAIL

Here in California, there has been ample discussion about how adults with mental illnesses are winding up in jails and prisons instead of receiving appropriate treatment in their communities or in mental health facilities. (And in LA County, in particular, District Attorney Jackie Lacey is working on a comprehensive mental health diversion program.)

Sacramento-based reporter Raheem Hosseini found, almost by accident, that the same thing is happening to mentally ill kids in California, and wrote in-depth about the issue last November.

This week, Hosseini published a story-behind-the-story about how he came upon this troubling set of facts and the difficulties he faced in reporting on kids with mental illness in the juvenile justice system. Here’s a clip:

Interim chief probation officer Suzanne Collins spent her limited time summarizing her department’s mandate: supervising adult offenders once they exit custody; producing in-depth assessments for the courts to consider at sentencing; and housing juvenile delinquents. While describing this last mission, Collins made the off-hand comment about juvenile hall having turned into a “commitment facility” for mentally ill children with no other place to go. The session quickly moved onto other business. In my head, however, the bell had been rung.

I had become familiar with the shifting complexion of adult prisons and jails, where a third to half of inmates experience mental health issues, depending on who — and when — you asked. But I had done little reporting on the juvenile justice system, and I was surprised to hear such an alarming assertion dropped so casually.

Because, if true, this is where the prison pipeline began for children who needed help, not institutionalization.

It wasn’t until weeks later that I was able to schedule a tour of juvenile hall. The kids I briefly met, especially in the special needs unit, stuck with me. Who were they? What brought them here? And where would they go next?

I managed to pick story subjects with multiple, co-existing privacy obstacles: Minors (1) with mental illnesses (2) in the juvenile justice system (3).

How would I find them? And can a mentally ill minor even grant consent to their story being told? That’s a question I posed to a few of the speakers present at a week-long health reporting fellowship at the University of Southern California in February 2014. I got sympathetic shrugs in return.

When I started reporting, I immediately reached out to multiple youth justice foundations, advocacy groups and researchers to see if they could put me in touch with mentally ill incarcerated juveniles, former juveniles and their families. Many requests went unanswered; some referred me to other groups or individuals; most said they couldn’t put me in touch with anyone.

Meanwhile, locating hard data on mental health trends within the juvenile justice system proved almost as tricky…

Here’s a clip from Hosseini’s original story about how kids who really need mental health care get ensnared in the juvenile justice system (where they are over-prescribed antipsychotics) and what counties are doing, or are not doing, to rectify the situation:

Ashley Drake is trying to be something other than a cautionary tale. In a north Sacramento law enforcement office, the 22-year-old waits on a probation officer, the same one she’s had since childhood. It’s time again to reach for the straight and narrow.

She’s never had much help in that department.

Afflicted with bipolar disorder, clinical depression and avoidant personality disorder symptoms, Drake’s childhood is a blur of family discord, 10 juvenile hall detentions and 13 separate group home placements. Therapy, counseling and treatment? They never happened. Instead, she began self-medicating with hard drugs as an adolescent, and has since graduated to adult jails…

According to a comprehensive analysis completed in September for the Sacramento County Criminal Justice Cabinet, nearly 43 percent of the average daily juvenile hall population received mental health services this year, a 19-percent increase over 2000. Of the 84 children who were served, 52 received psychotropic drugs. The representation of medicated juveniles at the hall rose by 16 percent in comparison to 2004, when the population was larger and the number of medicated kids smaller—around 32—an examination of state and local data shows.

“About half of our juvenile hall is a mental health facility. And we don’t have adequate services to keep up with that,” says Arthur L. Bowie, supervising assistant public defender of the county’s juvenile division. “We’re making criminals out of them, instead of what they are.”

What they are, says Bowie and others, are victims of abusive homes and failed institutions. Institutionalized at a young age and too often deprived of proper psychiatric care, they’re groomed for lives on perpetual lockdown.

“Half these kids don’t belong in detention,” says deputy probation officer Gabo Ly, who supervises the special needs unit, where juvenile hall’s most emotionally and psychologically unstable are segregated. “But this is all we have.”

It’s a crisis in quiet, sapped of any grand political campaign or national outcry.

Read the rest.


LA MAYOR’S STATE OF THE CITY: COMMUNITY POLICING, TARGETING CRIME HOTSPOTS, FUNDING GRYD

At CSUN on Tuesday, LA Mayor Eric Garcetti delivered his second annual State of the City address. The mayor announced a new 40-officer LAPD unit that will focus on community policing, as well as other activities (like coaching sports teams) that will build better relationships between cops and the neighborhoods they serve.

The LAPD will also hire 200 new Metropolitan Division officers to target high crime areas. (KPCC’S Frank Stoltze has more on this plan and why critics say it may harm the efforts of community policing.) Each police division will also receive a new specialized domestic violence unit.

Among other noteworthy changes, an extra $5.5 million in funding will go to the Gang Reduction Youth Development program, which allows for GRYD’s Summer Night Lights program to be extended to include non-summer Friday nights in some park locations.

KPCC’s Sharon McNary has more on the State of the City address. Here’s a clip from the mayor’s speech:

“We should all be very proud: we reduced overall crime at the end of last year to its lowest level per capita since 1949.

But our city’s violent crime numbers were up.

And as long as I’m your Mayor, I won’t duck bad news. I’m going to own it and I’m going to attack it.

Here’s how:

First, we’re nearly doubling the ranks of LAPD’s elite Metropolitan Division, so we can quickly saturate a neighborhood with additional officers when crime spikes.

Second, because domestic violence increased in our city last year, we’re also doubling the number of our Domestic Abuse Response Teams so there’s one in every LAPD division — and today, I am proud to announce that they will be on the streets by July first, six months ahead of schedule.

DART teams are civilians who roll out with police officers and give victims of domestic abuse the legal, medical, and emotional support they need to break the cycle of violence.

Third, we know that intervention works…when our Gang Reduction and Youth Development workers step in, guns are lowered and lives are saved.

Today, I’m pleased to share that the budget that I’m sending City Council next week will include five point five million dollars more for the GRYD program, so we can cover new territory and 50 percent more gang-related violent crime.


TA-NEHISI COATES: BEYOND POLICE REFORM, SITUATIONS FOR WHICH LAW ENFORCEMENT MAY NOT BE THE BEST SOLUTION

The Atlantic’s Ta-Nehisi Coates says that instead of questioning whether a police use of force was within the law and department policy, we should question whether we should have sent the officer(s) out to deal with the situation that led to a use of force. Coates says we should ask, for instance, whether there are safer (for both officers and the public) and more peaceful ways to deal with a person who is skipping out on child support (instead of arrest), or to help someone in the throes of a mental health crisis. Here’s a clip:

There is a tendency, when examining police shootings, to focus on tactics at the expense of strategy. One interrogates the actions of the officer in the moment trying to discern their mind-state. We ask ourselves, “Were they justified in shooting?” But, in this time of heightened concern around the policing, a more essential question might be, “Were we justified in sending them?” At some point, Americans decided that the best answer to every social ill lay in the power of the criminal-justice system. Vexing social problems—homelessness, drug use, the inability to support one’s children, mental illness—are presently solved by sending in men and women who specialize in inspiring fear and ensuring compliance. Fear and compliance have their place, but it can’t be every place.

When Walter Scott fled from the North Charleston police, he was not merely fleeing Thomas Slager, he was attempting to flee incarceration. He was doing this because we have decided that the criminal-justice system is the best tool for dealing with men who can’t, or won’t, support their children at a level that we deem satisfactory. Peel back the layers of most of the recent police shootings that have captured attention and you will find a broad societal problem that we have looked at, thrown our hands up, and said to the criminal-justice system, “You deal with this.”

Last week I was in Madison, Wisconsin, where I was informed of the killing of Tony Robinson by a police officer. Robinson was high on mushrooms. The police were summoned after he chased a car. The police killed him. A month earlier, I’d been thinking a lot about Anthony Hill, who was mentally ill. One day last month, Hill stripped off his clothes and started jumping off of his balcony. The police were called. They killed him.

[SNIP]

Police officers fight crime. Police officers are neither case-workers, nor teachers, nor mental-health professionals, nor drug counselors. One of the great hallmarks of the past forty years of American domestic policy is a broad disinterest in that difference. The problem of restoring police authority is not really a problem of police authority, but a problem of democratic authority. It is what happens when you decide to solve all your problems with a hammer. To ask, at this late date, why the police seem to have lost their minds is to ask why our hammers are so bad at installing air-conditioners.

STEVE LOPEZ: COPS GET TOO MUCH LEEWAY ON USE OF FORCE

In his column, the LA Times’ Steve Lopez says that while officers have to make extremely difficult, split-second decisions to protect their own safety and the safety of the public, deadly use of force incidents resulting from minor civilian misdeeds seem to occur too frequently. And, after questionable uses of force, officers are investigated by their own department, District Attorneys with close ties to local law enforcement agencies, and sympathetic juries. Here’s a clip:

The job is inherently dangerous, split-second decisions are hard to make under pressure, and sideline critics like me have the advantage of hindsight in second-guessing the use of deadly force.

But too often, it seems to me, we’re left trying to understand how a minor infraction or mere suspicion of criminal activity could have escalated into a deadly confrontation, and why police didn’t use better judgment.

[BIG SNIP]

It’s also time for police to refine the widespread broken-windows strategy — a full-bore crackdown on minor infractions to discourage serious crime — that can border on harassment and have deadly consequences, even if it does conveniently fill local treasuries with money from nuisance citations.

I’d like to put in a vote for the development and use of less lethal arms and ammo — such as a non-penetrating bullet now being tested in Ferguson, Mo. — that can incapacitate a suspect without killing him.

And it’s time to review deadly force policies and training.

Stephen Downing, a retired LAPD deputy chief, said he thinks a 1989 U.S. Supreme Court ruling on use of force has led to varying interpretations that give police too little guidance and too much latitude in determining when to shoot.

In training and practice, Downing said, the standard has been pushed “closer to what is justified by law as opposed to what is expected by the community. Thus, we see more and more, ‘He reached for his waistband’ rather than, ‘I opted to take cover, assess, develop a tactical alternative to use of deadly force and do all in my power to avoid taking a life.’”

And as for cops who negligently or maliciously cross the line, no more free passes. As Los Angeles attorney Walter Katz argued last week in a Harvard Law Review commentary, it’s time for independent investigations of police shootings, to help restore police accountability and public trust.


MAN SUING LAPD FOR ALLEGED BRUTALITY SAYS COPS ARE HARRASSING HIS FAMILY

Clinton Alford Jr., a 22-year-old man who filed a lawsuit last year against the LAPD for alleged excessive use of force, says officers are retaliating against him. Alford says officers drew guns on him during a traffic stop, have driven by his house heckling Alford and his family, and flown a helicopter so low above his home that the house shook.

Last fall, a store security camera captured video of an officer allegedly kicked Alford in the head while he was being restrained on the ground. LAPD officials said Alford was not resisting arrest, and one viewer described it as “a football player kicking a field goal.”

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

Flanked by his father and his attorney, Clinton Alford Jr. told reporters that officers have repeatedly driven past his South L.A. house. And helicopters have flown so close overhead that walls and windows shook.

The 22-year-old’s attorney, Caree Harper, said officers had “heckled” Alford and his family while driving past their home. Last week, she said, officers drew their guns on her client after stopping him for a traffic violation.

Harper said she planned to amend a federal civil rights lawsuit she filed on Alford’s behalf to include the allegations of retaliation by police.

“They want to catch him doing anything,” she said. “Even if he’s not doing anything.”

Cmdr. Andrew Smith, an LAPD spokesman, declined to discuss the Oct. 16 incident, citing an ongoing internal investigation and civil litigation.

“There’s already an internal affairs investigation into this matter,” he said. “If they have any other allegations of misconduct, we’re eager to hear them and have internal affairs investigate them fully.”

Posted in Eric Garcetti, jail, juvenile justice, LAPD, Mental Illness | 2 Comments »

LA County’s Proposed Budget…Feds Investigate SF Jail Abuse Allegations…CA Bill to Reduce Drivers License Suspensions…and Criminal Justice Questions for Presidential Candidates

April 14th, 2015 by Taylor Walker

LA COUNTY’S REFORM-MINDED BUDGET PROPOSAL ALLOCATES MORE $$ TO MENTAL HEALTH DIVERSION, JAIL SERVICES, FOSTER CARE

In a press conference Monday morning, the office of LA County interim CEO Sachi Hamai released the 2015-16 budget proposal.

A spokesman for the CEO emphasized that the new budget is focused on “major programatic reforms, with new positions and funding” going toward “improvements in the criminal justice system, child protection, and improvements in health care delivery.”

Out of $26,923 billion, only an additional 10.2 million is going to mental health diversion, but it’s a big step in the right direction. In June, LA County District Attorney Jackie Lacey is expected to present to the Board of Supervisors her task force’s report on creating a comprehensive mental health diversion plan for the county.

An even larger step is the $66.9 million to fund 542 additional child protection positions, in order to lighten social workers’ cases loads, a crucial move in the name of child safety. Over-stressed social workers are more likely to miss things.

Los Angeles Sheriff Jim McDonnell said in a statement that the proposed budget “provides critically needed resources to support ongoing efforts by the Los Angeles Sheriff’s Department (LASD) to ensure the compassionate treatment of inmates in the nation’s largest jail system, while also continuing to develop smarter justice system approaches to those in our community suffering from mental illness.”

Public budget hearings are slated to begin in mid-May.

The LA County Supervisors are also scheduled to vote today on a motion to institute some additional oversight for probation in the form of an audit.


FBI JOINS THE GROUP OF AGENCIES PROBING REPORTS OF SF DEPUTIES FORCING INMATES TO FIGHT AND BETTING ON THEM

The FBI has initiated an investigation into allegations that four San Francisco deputies forced jail inmates to brawl in gladiator-style fights and placed bets on them. SF District Attorney George Gascon, the SF Police Department, and the sheriff’s department have also launched investigations into the matter. (WLA will continue to track this story.)

KQED’s Alex Emslie has the updated story. Here are some clips:

The four deputies named at the center of an independent investigation initiated by [San Francisco Public Defender] Jeff Adachi remain on paid leave, [SF Sheriff Ross] Mirkarimi said. Their names are Scott Neu, Eugene Jones, Clifford Chiba and Evan Staehely. The law firm representing the deputies did not return a call seeking comment.

The federal inquiry officially started April 3. Special Agent Greg Wuthrich said the FBI investigation is at a very early stage.

“Civil rights allegations are definitely huge for the bureau,” Wuthrich said. “These kind of things, we take very seriously.”

[SNIP]

Adachi said in a statement that he is pleased with the FBI’s involvement and commended Mirkarimi for taking the unusual step of inviting the federal probe.

“Eliminating this sort of brutal and sadistic conduct starts by leading an investigation that isn’t tainted by conflict of interest or misplaced loyalty,” Adachi said. “I look forward to a thorough and fair investigation that includes determining whether additional deputies were aware of the abuse and complicit in their silence. To ensure this never happens again, there must be accountability — not only for the perpetrators, but for those who fail to speak up.”


CA BILL WOULD CUT DOWN ON ALL-TOO-COMMON LICENSE SUSPENSIONS FOR NON-VIOLENT TRAFFIC VIOLATIONS

A new bill by CA Sen. Bob Hertzberg (D-Van Nuys) aims to reduce the number of drivers whose licenses are suspended after failing to pay (often exorbitant) fines for non-violent traffic offenses.

SB 405 follows closely behind a report condemning California’s policing-for-profit system as not unlike the situation in Ferguson, MO. In both places, fines pile on top of fines when a driver is unable to pay a ticket, burying the person (often poor to begin with) under a mountain of debt. And often failure to pay these fines results in a suspended license, which prevents the person from driving to a job to earn money to pay the fines. One in six California drivers have had their licenses suspended, and according to a separate report, nearly half of people whose licenses are suspended lose their jobs.

The bill would reinstate drivers licenses lost due to non-violent traffic infractions, as long as the licensee then paid back the debt through the state’s proposed Traffic Amnesty program.

A New Way of Life Reentry Project, the East Bay Community Law Center, the Lawyers’ Committee for Civil Rights, and Legal Services for Prisoners with Children cosponsored the bill.

Here’s a clip from Sen. Hertzberg’s website:

Hertzberg said suspended licenses can trap the working poor in an impossible situation: unable to reinstate their license without gainful employment and unable to access employment without a license.

“This is a Catch 22 that traps people in a cycle of poverty,” Hertzberg said, pointing to a recent New Jersey study that found that when a license was suspended, 42 percent of drivers lost their jobs. Of those, 45 percent were unable to find a new job. Even accounting for those that kept their job, 88 percent of people with suspended licenses reported a reduction in their income.

In California, the number of licenses suspended during an 8-year period from 2006 to 2013 exceeded 4.2 million. In that same timespan, only 71,000 driver licenses were reinstated.

Under existing law, it is virtually impossible for the driver’s license to be restored until all the unpaid fees, fines and assessments are completely paid. This jeopardizes economic stability in the state, limits the available workforce, and forces employers to bear the cost of replacing workers and finding qualified replacement workers with valid licenses.

In addition to trapping many Californians in a cycle of poverty, the sheer number of suspended licenses poses a threat to public safety. Evidence suggests that when people lose a license for reasons unrelated to safety, they take the suspensions less seriously. According to the National Highway Traffic Safety Administration, at least 75 percent of people who have had their licenses suspended just keep driving – often without insurance.


RADLEY BALKO: CRUCIAL CRIMINAL JUSTICE QUESTIONS WE SHOULD ASK ALL PRESIDENTIAL CANDIDATES

The Washington Post’s Radley Balko has a “quick and dirty” list of important criminal justice reform questions for all presidential candidates.

If you are wondering who has thrown their hat in, thus far, the NY Times has a nice little chart (updated as of yesterday, April 13).

Here are four from Balko’s list, but there are … more where these came from:

The Obama administration has made heavy use of the Justice Department’s Civil Rights Division to investigate patterns of abuse and civil rights violations by local police departments. Would you continue this policy in your administration? To what extent is the federal government obligated to step in when local police and prosecutors are either habitually violating or failing to protect the constitutional rights of citizens in their jurisdiction?

[SNIP]

Several media reports, advocacy groups and judicial opinions (including a recent opinion by Judge Alex Kozinski of the U.S. Court of Appeals for the 9th Circuit) have described an epidemic of prosecutor misconduct across the country. Do you believe there is a widespread problem of prosecutor misconduct in America? Do you believe the federal government has a responsibility to address it?

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.

[SNIP]

Do you believe the criminal justice system is infected with institutional racism? I’m not asking you to assess whether individual cops, judges, or prosecutors are racist; I’m asking if you believe there is inherent bias built into the system.


Posted in Board of Supervisors, DCFS, District Attorney, FBI, Foster Care, jail, Jim McDonnell, Juvenile Probation, LA County Board of Supervisors, mental health, Public Defender | No Comments »

Video Shows San Bernardino Deputies Beating Man…Nurses Say Health Care in Alameda Jails is Broken…and Walter Scott

April 10th, 2015 by Taylor Walker

HELICOPTER FOOTAGE SHOWS A GROUP OF SAN BERNARDINO DEPUTIES BEATING A MAN ON THE GROUND AFTER A HORSE CHASE

On Thursday, video captured from NBC’s NewsChopper4 appeared to show a small crowd of San Bernardino County deputies beating a reportedly unarmed man during an arrest.

The man, Francis Jared Pusok, 30, lead officers on an intense chase, by car, on foot, and finally, on a stolen horse. When deputies caught up with Pusok, the horse bucked, throwing Pusok to the ground. The man, still on the ground, then spread his arms out and then put them behind his back, after which, deputies appear to taser him. Then, the video shows a number of deputies gather around Pusok, punching, kicking, and kneeing the man dozens of times for more than two minutes.

Allegedly the man was then left lying on the ground for at least 45 minutes without medical attention. Pusok is now in a hospital being treated for unknown injuries.

San Bernardino Sheriff John McMahon said he was “disturbed” by the video and quickly launched an internal investigation.

NBC’s Jason Kandel and Tony Shin have the story. Here are some clips:

In the two minutes after the man was stunned with a Taser, it appeared deputies kicked him 17 times and punched him 37 times and struck him with batons four times. Thirteen blows appeared to be to the head. The allegedly stolen horse stood idly nearby.

The man did not appear to move from his position lying on the ground for more than 45 minutes. He did not appear to receive medical attention while deputies stood around him during that time…

Three deputies were injured during the search. Two suffered dehydration and a third was injured when kicked by the horse. All three were taken to a hospital for treatment.

[SNIP]

Deputies said the Taser was ineffective due to his loose clothing and a use of force occurred.

“I can certainly understand the concerns in the community based on what they saw on the video,” McMahon told NBC4. “I’m disturbed by what I see in the video. But I don’t need to jump to conclusions at this point, until we do a complete and thorough investigation. If our deputy sheriff’s did something wrong, they’ll be put off work and they’ll be dealt with appropriately, all in accordance with the law as well as our department policy.”


PRIVATE HEALTH CARE CO. NURSES IN ALAMEDA JAILS THREATEN TO STRIKE IF MEDICAL CONDITIONS DO NOT IMPROVE FOR INMATES

Nurses employed by a troubled private company in charge of health care in Alameda County jails say they will strike if the company doesn’t improve the substandard care provided to inmates.

The Corizon nurses are calling on the company to add more nurses to the rotation. One worker said the ratio can sometimes be as bad as 23 inmate patients to one nurse. She says, at most, the ratio is five patients to one nurse in regular hospitals. The nurses also say medical equipment is often broken or unsanitary.

The understaffing means that medication often goes out hours late, medical intakes are rushed, and sometimes inmates die due to lack of adequate and timely health care, according to the nurses.

The National Union of Healthcare Workers is sending around a strike petition. If union members vote in favor of striking, the decision will be announced to the Alameda County Sheriff’s Department and the Board of Supervisors.

Corizon is no stranger to lawsuits. In February, Corizon (and Alameda County) agreed to a record-breaking $8.3 million wrongful death settlement to the family of a jail inmate who was tasered to death by ten deputies while suffering from severe, untreated alcohol withdrawal.

As part of the settlement, Corizon agreed to stop hiring less expensive Licensed Vocational Nurses instead of Registered Nurses (as state law requires) to perform inmate medical intakes.

Think Progress’ Alice Ollstein has the story. Here are some clips:

Clara, who works as a Registered Nurse at the jail, described abysmal conditions including broken or dirty equipment, rushed procedures and severe understaffing.

For example, when inmates are first booked, nurses examine them and ask them about their full medical history. Clara said Corizon’s procedures in this phase, designed to save time and money, puts everyone at risk.

“The patients come in right off the street. They’re often under the influence of drugs. You don’t know what their mental state is,” she said. “They’ve got three nurses seeing three inmates at once in one little cramped room, maybe 15 by 15 feet. So there’s no confidentiality. One inmate is sitting so close he could touch the next one, and we’re asking them very personal questions, like if they’re HIV positive. HIPAA [privacy] laws are totally violated there.”


DEATH OF WALTER SCOTT: LAPD CHIEF SAYS SHOOTING WAS UNLAWFUL…WHAT NEWS REPORTS WOULD HAVE SAID IF THE INCIDENT HAD NOT BEEN TAPED…THE DASH CAM VIDEO…AND SC’S RACIAL HISTORY

On Thursday, LA Police Chief Charlie Beck said that as far as he could tell, South Carolina officer Michael Slager’s fatal shooting of the allegedly unarmed, fleeing Walter Scott was “a criminal act.”

The Associated Press’ Tami Abdollah has the story. Here are some clips:

Beck said he would have similarly had the officer arrested based on the video by the bystander. But he also said he’d typically do a more detailed investigation before making such a judgment.

“I will tell you this, based on what I have seen, based on the video, it is a criminal act,” Beck said. “It is well beyond any policies of the Los Angeles Police Department.”

[SNIP]

Beck said such an incident impacts all officers, but it doesn’t diminish his pride in their willingness to take risks daily.

“To have somebody 3,000 miles away take away from that by a criminal act, it’s disheartening,” Beck said. “All of us suffer when somebody in the profession acts illegally.”


The Huffington Post’s Ryan Grim and Nick Wing have penned a version of what they believe news reports would have looked like, had a bystander not videotaped the shooting. Here’s how it opens:

A North Charleston police officer was forced to use his service weapon Saturday during a scuffle with a suspect who tried to overpower him and seize the officer’s Taser, authorities said.

The man, who has a history of violence and a long arrest record, died on the scene as a result of the encounter, despite officers performing CPR and delivering first aid, according to police reports.

The shooting was the 11th this year by a South Carolina police officer. The State Law Enforcement Division has begun an investigation into the incident.

Police identified the officer involved as Patrolman 1st Class Michael Thomas Slager and the suspect as Walter Lamar Scott, 50, of Meadowlawn Drive in West Ashley. Slager, 33, served honorably in the military before joining the North Charleston Police Department more than five years ago. He has never been disciplined during his time on the force, his attorney said.

The incident occurred behind a pawn shop on Craig Street and Remount Road. Slager initially pulled Scott over for a broken taillight. During the stop, police and witnesses say Scott fled the vehicle on foot. When Slager caught up with him a short distance from the street, Scott reportedly attempted to overpower Slager. Police say that during the struggle, the man gained control of the Taser and attempted to use it against the officer.


On Thursday, the South Carolina Law Enforcement Division released dash camera footage of the incident. The video shows the initial traffic stop for a broken tail light, which wasn’t captured by the anonymous bystander’s video.


And for some interesting context, the New Yorker’s Jack Hitt delves into South Carolina’s complicated racial history. Here’s a clip:

The police officer was fired and charged with murder. North Charleston’s mayor, Keith Summey, announced, “When you’re wrong, you’re wrong” and said that police officers can’t hide a bad decision “behind the shield.” He said that the police force’s “thoughts and prayers are with the family.” North Charleston’s police chief, Eddie Driggers, said he was “sickened.” South Carolina Governor Nikki Haley, who rose to office as a darling of the Tea Party, said that the shooting was “unacceptable.” Senator Lindsey Graham called the video “horrific.” Senator Tim Scott, an African-American Republican who grew up in North Charleston, called the shooting “senseless” and “avoidable.” The South Carolina Law Enforcement Division, known as SLED, immediately took control of the investigation, and the F.B.I. has opened its own investigation, as well. The victim’s brother told the local paper, “We don’t advocate violence. We advocate change.”

I grew up in Charleston, and, as someone close to North Charleston’s mayor told me, “Before the sun was down, everyone was unified.”

It’s crucial to point out that had the bystander not turned on his smartphone camera, that creaky counter-narrative—I thought he was reaching for my weapon—would almost certainly have given Slager a pass. And no doubt, the swiftness of the political and narrative unity in the shooting death of Scott owes much to the lessons of Ferguson. But South Carolina is not Missouri—its racial past, in fact, is more violent, but its attempts to move away from that history, while less known, have been more bold. The state’s history of violence against black men and women is excruciating to know, or to read. If you are unfamiliar, then Google “George Junius Stinney, Jr.,” “Julia and Frazier Baker,” the Hamburg massacre, or the Orangeburg massacre. That is South Carolina at its worst. But there is a streak of fair-mindedness in the state’s history—an ancient ideal that Mark Twain parodied as coming straight out of the chivalric fiction of Sir Walter Scott’s mist-filled novels of courtly knights. While reserved exclusively for whites for most of its history, this tendency appears from time to time and is always surprising, especially to outsiders.

All Charlestonians are required to know the story of their Civil War-era representative, James Petigru, the state’s only Unionist, who voted against secession. Charlestonians have made a centuries-long career out of tweaking the rest of the state for its rustic views. Petigru opposed withdrawing from the United States back then because, as it is often quoted, “South Carolina is too small to be a Republic, and too large to be an insane asylum.”

But even during the collapse of Reconstruction, when racist Democrats took back control of the state’s government from Republican politicians backed by federal troops, there was a streak of fair play in the reformed Confederate General Wade Hampton, who was elected governor in 1876, and who, in his inaugural speech, said, “It is due, not only to ourselves, but to the colored people of the State, that wise, just, and liberal measures should prevail in our legislation.” (To those writing rebuttal posts right now to argue that this was mere racist palaver, I will note that however rhetorical Hampton’s views were, those earliest attempts at sane post-bellum racial decency in South Carolina were relatively real efforts at moderation, despite the fact they were, absolutely, crushed underfoot by pro-lynching extremists, like “Pitchfork Ben” Tillman, who thought that Hampton was out of his mind.) In the mid-twentieth century, a famous Charleston judge named Julius Waties Waring sought to steer a number of criminal cases toward the ideal of fair play, including a hideous police beating of a black man and later a local desegregation case that would eventually merge with others to become Brown v. Board. A cross was burned in the judge’s yard, and he eventually fled the state.

Posted in Charlie Beck, jail, LAPD, law enforcement, medical care, racial justice, unions | No Comments »

Incompetent to Stand Trial and Warehoused in Jails, SFPD Chief Blasts SF DA’s Task Force, 22 Pardons, and P22

April 2nd, 2015 by Taylor Walker

NO HOSPITAL BEDS: LA’S MENTALLY ILL AND DEVELOPMENTALLY DISABLED DEFENDANTS DECLARED INCOMPETENT WAIT IN JAIL

Porterville Developmental Center is California’s only hospital that admits developmentally disabled criminal defendants. Because Porterville has a lengthy waiting list, there are around fifty inmates declared incompetent to stand trial waiting more than two years, on average, in jails across the state for space to free up at the hospital.

The number is even higher for mentally ill defendants declared incompetent. There are more than 300 waiting for beds at the five state hospitals that can accept them.

When defendants are deemed unfit to stand trial, they are supposed to be sent to a mental hospital for treatment until they can understand the charges against them.

But it’s not as easy as just spending money to create more hospital beds. Counties, including LA, are waiting to see if Prop 47 (the reduction of many low-level property and drug-related felonies to misdemeanors) will help alleviate the problem. But the state is leaning on counties to implement jail treatment programs for the mentally ill inmates awaiting transfer.

The LA Times’ Abby Sewell has more on the issue. Here are some clips:

In January 2014, Edward Lamont Mason allegedly attacked and injured a woman with a baseball bat.

He was arrested and has been in jail ever since, even though a judge ruled he was unfit to stand trial.

Mason, it turns out, is developmentally disabled. The victim of the alleged assault was his caretaker. And while the judge ordered him sent to Porterville Developmental Center — the only state hospital set up to house and treat developmentally disabled criminal defendants — there is no room.

So while the case against the Hayward, Calif., resident has been temporarily suspended, he remains an inmate in Alameda County’s Santa Rita jail, not receiving the treatment that would allow his case to move forward.

Mason’s lawyer, assistant public defender Brian Bloom, said if his 37-year-old client had been convicted and sentenced, he probably would have served less time than he has now spent waiting for a hospital bed.

“He’s confined in jail for no other reason than he’s developmentally disabled, which is really quite horrific when you think about it,” Bloom said.

State officials say there is nothing they can do about it…

Both Riverside and San Bernardino Counties have set up small programs to treat mentally ill defendants in jail. Los Angeles, already under fire for poor treatment of mentally ill inmates, is looking into doing the same, but there is no easy solution to the problem.

The program would have some financial advantages, as the state would pay to house and treat the inmates in the county jail. Currently, the L.A. County Sheriff’s Department receives no reimbursement for housing inmates awaiting transfer to state hospitals.

Some advocates, attorneys and treatment providers are adamantly opposed to the proposal.

“I think it’s a foolhardy idea,” said Terry Kupers, a psychiatrist who specializes in jails. Mentally ill jail inmates spend most of their time in a cell and, in some cases, in isolation, which can exacerbate their symptoms, he said.

“Of course it’s possible to do quality treatment in the jails,” Kupers said. “I’ve just never seen it happen.”


SAN FRANCISCO POLICE CHIEF BUTTS HEADS WITH SF DISTRICT ATTORNEY OVER MISCONDUCT TASK FORCE

On Monday, San Francisco District Attorney George Gascon announced a new task force would look into some troubling misconduct allegations within the SF Police Department, the Sheriff’s Department, and the DNA crime lab. (More on that here.)

SFPD Chief Greg Suhr criticized the DA’s move as good press for an election year, and said Gascon was overstepping boundaries by launching the task force.

The San Francisco Chronicle’s Vivian Ho has the story. Here’s a clip:

The chief said police were already cooperating with the district attorney’s office in both the DNA and text-messaging cases, but that Gascón “has no role in supervising or overseeing either the Sheriff’s Department or the Police Department.”

“But then again it’s an election year, and task forces generate press conferences,” Suhr said.

Suhr also said the crime-lab supervisor who was put on leave after failing a DNA proficiency exam, Cherisse Boland, was also a supervisor while Gascón was police chief. A defense attorney complained about her during Gascón’s tenure, Suhr said, but she remained on staff.

“It’s important that we have a hand-in-glove relationship to make the best cases, and I don’t think that’s in jeopardy,” Suhr said of Gascón’s office. “But I’m the chief of police. I’m responsible to and accountable for anybody and anything that goes on in my department, just as he should be as the district attorney and Sheriff Mirkarimi should be as the sheriff. As our systems connect, I think we need to be respectful of everybody’s charge.”

The investigation into the text messages should be done by the end of the week, Suhr said, and the crime lab investigation should take four to six weeks.

[Sheriff Ross] Mirkarimi said he supports a third party looking into the allegations against his department, but he thinks the district attorney is too connected to the two departments and would not be able to clearly evaluate the cases.

“A task force could be a good idea, but the district attorney’s office is entwined with many of the systemic issues that implicate the police and sheriff’s departments,” he said. “Rather, a true independent task force would not be burdened by potential conflicts. In our case, this is why I initiated a request to the U.S. attorney and attorney general.”


PRESIDENT OBAMA PARDONS 22, HIS LARGEST NUMBER OF INMATES YET

On Tuesday, President Barack Obama commuted the sentences of 22 non-violent drug offenders.

All of those pardoned have spent more than ten years behind bars, and the majority would have received shorter sentences if they had been sentenced under current drug laws.

Obama has faced criticism from activists in past years for granting so few people clemency. These 22 new recipients make up the largest group Obama has pardoned thus far, bring the president’s total up to 43. To put this in perspective, former President George W. Bush only commuted 11 sentences during his 8 years in office.

The Washington Post’s Juliet Eilperin and Sari Horwitz have the story. Here’s a clip:

The 22 inmates whose sentences were commuted Tuesday were nonviolent offenders serving time for the possession, sale and distribution of substances including methamphetamine, marijuana and cocaine. One, Terry Andre Barnes of East Moline, Ill., was convicted of conspiracy to distribute cocaine and sentenced in July 2005 to 246 months in prison, a term that would have kept him behind bars until 2025.

Obama wrote a letter to each of the inmates — all but one of whom, including Barnes, will be released July 28 — urging them to use the opportunity to rebuild their lives.

“I am granting your application because you have demonstrated the potential to turn your life around. Now it is up to you to make the most of this opportunity,” Obama wrote. “It will not be easy, and you will confront many who doubt people with criminal records can change. . . . But remember that you have the capacity to make good choices.”

“I believe in your ability to prove the doubters wrong,” the president concluded, “So good luck, and Godspeed.”


HOW NATIONAL GEOGRAPHIC PHOTOGRAPHER STEVE WINTER SHOT ICONIC LA COUGAR (P22) PHOTOS

National Geographic photographer Steve Winter tells LA Magazine’s Marielle Wakim about how he captured rare photos of P22, LA’s most famous cougar, over the course of fifteen months with cameras hidden around Griffith Park.

Here are some clips (but definitely go over to the LA Mag interview for the photos):

You have built a career on photographing much larger, scarier cats for National Geographic—although personally, I find mountain lions scary. How was the challenge of shooting in Griffith Park different from shooting in wilder areas?

All my work in the middle of nowhere helped when thinking about the fact that I needed to get an image of a cougar in an urban setting. I first started in Marin County, just north of San Francisco, and that didn’t pan out. I went to a mountain lion meeting in Bozeman, Montana, where I met L.A. wildlife biologist Jeff Sikich. I told him, ‘Jeff, I really need to get this picture, do any of the cats in the Santa Monica Mountains walk into suburban or urban areas?’ because I had heard there used to be a cat that would walk onto Cher’s property. But Jeff said no, that they’re smart cats—they’ll go into urban areas at night, but if they don’t see any prey, they’ll turn around and come back.

After he said this, I had said to him jokingly—but never really jokingly— wouldn’t it be great to get a picture of a mountain lion with the Hollywood sign? He later told me he thought I was crazy, but he was being polite, so he said, “Well it would, except that there are no cougars or mountain lions in Griffith Park.” I told him to let me know if something changed. Eight months later, I was in the dentist’s chair, and my phone vibrates: it’s a text from Jeff saying ‘Call me now.’ He said that there was a bobcat study being done with remote cameras in Griffith Park. There’s a hill with a cross on it on the other side of the 101, and there was a remote camera right by that cross—the beginning of Griffith Park. And boom: they got a picture of a mountain lion. That’s how it all started.

What was your ultimate goal with this shot?

I was visualizing two things: Getting a picture of a cougar with L.A. in the background, and [having the image] speak to everyone around the world. City lights say ‘city lights,’ but they don’t say ‘L.A.’—everyone recognizes the Hollywood sign. Those were my goals, and we got both of them, but it took forever to figure out. It took me 15 months to get that picture and to figure out what trail that cat walks on. Nobody had seen the P22, so figuring out where to put these cameras was hard. Griffith Park is not that big, and there aren’t that many trails. There are even fewer where you can see the Hollywood sign or where you can see L.A., especially from the height of a cat. So figuring out a place to put the cameras in Griffith Park where I could get the shot and where the cameras wouldn’t get stolen was a big issue.

Posted in District Attorney, jail, Mental Illness, Obama | No Comments »

LA Deputy Saves Stray Dogs and Cats, FBI Informant Anthony Brown Sues LA County, Task Force to Investigate SF Law Enforcement Misdeeds, One-in-Three Homicides Unsolved in US

March 31st, 2015 by Taylor Walker

LASD PARKS DEPUTY GOES ABOVE AND BEYOND, MOONLIGHTS AS ANIMAL RESCUER

Los Angeles Sheriff’s Deputy Brittany Fraser rescues animals—lots of them. Off and on duty patrolling LA County parks, Fraser picks up stray dogs, cats, and other animals in need. Other deputies now also bring found animals to Fraser instead of leaving their fate in the hands of animal control. If Fraser can’t find the animal’s human family, she bathes and vaccinates them and cares for them until they are adopted through her Brick Animal Rescue. Thus far, Fraser has saved more than 100 homeless animals.

The Daily Breeze’s Carley Dryden has the story. Here’s a clip:

“As much as I want to help people, it’s the same for animals,” Fraser said. “When people need help, they can ask for it. But dogs can’t. They don’t have a voice. You have to be paying attention.”

Sgt. Craig Berger recalled the night he came across two pit bulls eating trash on the on-ramp to the 110-105 freeway interchange. One was clearly young and starving, its ribs sticking out.

“Pre-Brittany Fraser, I probably would have had no choice but to take them to animal control, and that would have been a death sentence,” he said. “But I was able to call her from the freeway, tell her what happened and drive them to her house. She took care of them and took them to the vet.”

Berger, Fraser’s former supervisor, said Fraser has changed the mind-set of deputies when they see or approach stray animals.

“Before, they would just ignore the problem, or maybe occasionally, if they had time, they might call animal control,” he said. “Eventually, the culture was created to call Deputy Fraser.”

[SNIP]

“She is the animal whisperer,” said her husband, Nick Resendez, who met his wife when they were partners at the Lomita sheriff’s station…

Resendez acknowledged that he didn’t have pets growing up, so having a dog in his bed at night now has been quite the adjustment.

“She’ll come home, and I’ll say, ‘What do you have under your coat jacket?’ She’ll smile and reveal a Chihuahua or a cat,” he said. “One time she came home with a raccoon and I said, ‘Are you kidding me?’ But this is the woman I married. She is compassionate and loving. To know that she has the ability to put those feelings into animals is amazing.”


SF DISTRICT ATTORNEY LAUNCHES TASK FORCE TO LOOK INTO WAVE OF SHERIFF’S DEPT. AND POLICE MISCONDUCT ALLEGATIONS

Moving quickly, San Francisco District Attorney George Gascon announced Tuesday the launch of a new three-team task force to investigate three separate allegations of law enforcement misconduct.

On Monday, San Francisco Public Defender Jeff Adachi announced that at least four deputies allegedly forced inmates to brawl in gladiator-style fights and placed bets on them. (We linked to that story here.) There have also been allegations of racist text messages between veteran police officers. DA Gascon says there has also been a breach of protocol in the DNA labs, affecting 1,400 cases.

CBS has more on the new task force. Here are some clips:

[SF District Attorney George Gascon] said that during his more than 30 years in law enforcement, he has seen a great deal of misconduct and scandals involving law enforcement officials, but that the frequency and magnitude of these recent allegations are “unusual” and “repulsive,” as well as some of the worst allegations he’s heard.

Gascon said he is concerned that if these allegations are determined to be true, there could be serious potential repercussions for criminal cases, including some which were possibly prosecuted years ago.

Gascon said that these alleged incidents are concerning not only because of “the level of hate that is reflected” but because of “the impact they may have on the criminal justice system.”

He said his office, as well as the San Francisco Public Defender’s Office, will be taking a second look at cases from the past 10 years involving officers and deputies named in recent allegations.

[SNIP]

Regarding the gladiator-style fights reported this month at the San Francisco County Jail on the seventh floor of the Hall of Justice, Gascon said that it is unlikely only four deputies knew about the alleged abuse and misconduct…

Gascon said he wants to know who else knew about the alleged fights, when they knew and if there have been similar cases of misconduct at the sheriff’s department.

Regarding racist and homophobic text messages from police officers that were recently released in federal court documents, Gascon said he wants to know if other people were involved and to see if any prosecutions could be impacted.


FBI INFORMANT ANTHONY BROWN SUES LA COUNTY, SHERIFF’S OFFICIALS, AND 7 DEPUTIES CONVICTED FOR HIDING BROWN WITHIN JAIL SYSTEM

FBI informant Anthony Brown is suing LA County, former sheriff Lee Baca, former undersheriff Paul Tanaka, former captain Tom Carey and the seven deputies convicted last year of obstruction of justice for hiding Brown from his federal handlers. (More about that here.)

Brown is alleging cruel and unusual punishment, as well as retaliation, conspiracy, failure to provide medical care, and municipal and supervisory liability.

ABC7′s Lisa Bartley has the story. Here’s a clip:

Brown was moved around the jail system, his name was changed multiple times and computer records were falsified to make it appear that Brown had been released from LASD custody.

“I was kidnapped, my name was changed,” said Brown. “They put me in cars late at night and took me places. I think I had more than a dozen guards on me 24/7.”

The lawsuit seeks punitive damages for cruel and unusual punishment, municipal and supervisory liability, failure to provide adequate medical care, retaliation and civil conspiracy.

“As soon as defendants became aware of plaintiff’s cooperation with the FBI’s investigation, they conspired to retaliate against plaintiff for his participation as an informant and obstruct that investigation intentionally… hiding and/or kidnapping plaintiff in the jail system under fictitious identities, covertly moving him about and throughout LASD’s jail system, and unreasonably kept him in isolation without cause,” the lawsuit states.

Brown says he was in “dire fear for his life that defendants would carry out a threat on his life or order/allow other jail inmates/gangs to kill plaintiff because defendants told him, ‘No witness, no conviction.’”


WHY HAVE HOMICIDE SOLVE RATES DECLINED BY 26% SINCE THE 1960′S?

In the 1960′s law enforcement officers solved homicides at a rate of about 90%, fifty years later (and despite the advent and development of DNA testing), the national clearance rate is just 64%.

NPR’s Martin Kaste has more on the numbers and what factors may be adversely affecting murder case clearance. Here are some clips:

…that’s worse than it sounds, because “clearance” doesn’t equal conviction: It’s just the term that police use to describe cases that end with an arrest, or in which a culprit is otherwise identified without the possibility of arrest — if the suspect has died, for example.

[SNIP]

Vernon Geberth, a retired, self-described NYPD “murder cop” who wrote the definitive manual on solving homicides, says standards for charging someone are higher now — too high, in his opinion. He thinks prosecutors nowadays demand that police deliver “open-and-shut cases” that will lead to quick plea bargains.

He says new tools such as DNA analysis have helped, but that’s been offset by worsening relationships between police and the public…

Since at least the 1980s, police have complained about a growing “no snitch” culture, especially in minority communities. They say the reluctance of potential witnesses makes it hard to identify suspects.

But some experts say that explanation may be too pat. University of Maryland criminologist Charles Wellford points out that police are still very effective at clearing certain kinds of murders.

“Take, for example, homicides of police officers in the course of their duty,” he says. On paper, they’re the kind of homicide that’s hardest to solve — “they’re frequently done in communities that generally have low clearance rates. … They’re stranger-to-stranger homicides; they [have] high potential of retaliation [for] witnesses.” And yet, Wellford says, they’re almost always cleared.

Posted in District Attorney, DNA, FBI, jail, LASD, Paul Tanaka, Sheriff Lee Baca | 65 Comments »

Media & Crime & Race…Emotion Makes Bad Law…..Were SF Jail Deputies Behind Inmates Gladiator Fights?…A SF Jail Deputies Behind Inmates Gladiator Fights?

March 30th, 2015 by Celeste Fremon


DEAR MEDIA, ABOUT THE CRIME & RACE THING…YOU’RE NOT HELPING

We know that, statistically, poor minority defendants fair far less well when they come in contact with the American criminal justice system than do non-minorities.

Now, according to a recent report by Media Matters, it turns out that the media also tends to give disproportionate coverage to crime stories involving African-American suspects, over those involving non-black suspects.

Think progress has more on the story.

Compared to the percentage of crimes they actually commit, African Americans are grossly overrepresented on local news broadcasts about criminal activity, according to a new report from Media Matters for America. In New York City alone, black people make up 75 percent of criminals discussed on local channels, whereas they only make up 51 percent of the actual arrest rate.

Summarizing the report, the Color of Change, a black advocacy organization, concluded that all four [NYC] channels [studied] failed to contextualize the crimes that were reported, making no mention of discriminatory policing that targets African American communities or systemic factors that contribute to crime, such as unemployment. By portraying black people as the vast majority of perpetrators, the news stations detracted from criminal activities perpetrated by non-black persons and fueled racial bias.

Unfortunately, media bias parallels extensive research that shows how African Americans are far more criminalized than their white counterparts, nationwide. One study about “who looks criminal” determined that police officers frequently associate black faces with criminal behavior. According to a 2010 survey, white people overestimated African Americans’ participation in burglaries, illegal drug sales and juvenile crime by 20-30 percent. Additionally, white people support stricter criminal justice policies if they think that more black people are arrested as a result.

There’s more, so read the rest.


EMOTION MAKES FOR BAD LAW—PARTICULARLY WHEN IT COMES TO SEX OFFENDERS

California Proposition 83—otherwise known as Jessica’s Law—passed easily in 2006, and has made a mess ever since, as evidenced by two recent court decisions. Jessica’s law, in case you don’t remember, set down a bunch of regulations and prohibitions about where sex offenders could and could not live after being released from prison. The answer too often was nowhere, which has resulted in homeless sex offenders living on the street, under bridges, in cars—hardly safe situations for anyone.

The LA Times editorial board lays the matter out in a strong and sensible editorial that includes some suggestion solutions.

Here’s how it opens:

Jessica’s Law — California’s version of it, anyway — was a mess from the beginning. Voters here adopted it (as Proposition 83 in 2006 )because they mistakenly believed they were cracking down on horrific crimes against children. They were urged on by nightly harangues from national TV commentators who campaigned on-air for swift action following the rape and murder of 9-year-old Jessica Lunsford in Florida, a crime that touched an especially sensitive nerve here because the circumstances nearly mirrored the nightmarish killing of Polly Klaas in California a decade earlier. But emotional outpourings of fear, revulsion and collective guilt too often translate poorly into policy and law, and that was surely the case with Proposition 83.

The latest reminder of the law’s failure came last week, when state parole officials announced that they would no longer enforce the measure’s blanket ban on paroled sex offenders living within 2,000 feet of a school or park where children regularly gather.

That decision follows a state Supreme Court ruling this month invalidating the ban as it applied in San Diego County.

Californians have every right to protect their children from child molesters, so it would be understandable if they were perplexed by the actions of the court and corrections officials — until they realize that the residency restriction did nothing of the sort.

In fact, it likely undermined public safety for everyone, children included, by pushing paroled sex offenders from their homes and compelling them to live homeless or as transients, leaving the public in the dark as to their whereabouts and making parolees harder for agents to find.

Besides, it is important to remember that the law did not single out child molesters. It did not distinguish parolees at high risk to commit new crimes, or those more likely to target children, from any of the other 6,000 parolees required to register as sex offenders — or indeed any of the approximately 80,000 Californians not on parole but with a sex offense on their record….


SAN FRANCISCO JAIL DEPUTIES ALLEGEDLY FORCED INMATES TO FIGHT WHILE THEY PLACED BETS

San Francisco’s public defender, Jeff Adachi, announced on Thursday that at least four of the county’s jail deputies reportedly had a little side bets on gladiator-like fights they threatened and cajoled inmates into staging.

(Really, people? After all the scandals in and around the jails in LA, you still think this is a good idea?)

In any case, Vivian Ho of the San Francisco Chronicle has the story.

Here’s a clip:

San Francisco sheriff’s deputies arranged and gambled on battles between County Jail inmates, forcing one to train for the fights and telling them to lie if they needed medical attention, the city’s public defender said Thursday.

Since the beginning of March, at least four deputies at County Jail No. 4 at 850 Bryant St. threatened inmates with violence or withheld food if they did not fight each other, gladiator-style, for the entertainment of the deputies, Public Defender Jeff Adachi said.

Adachi said the ringleader in these fights was Deputy Scott Neu, who was accused in 2006 of forcing inmates to perform sexual acts on him. That case was settled out of court.

“I don’t know why he does it, but I just feel like he gets a kick out of it because I just see the look on his face,” said Ricardo Palikiko Garcia, one of the inmates who said he was forced to fight. “It looks like it brings him joy by doing this, while we’re suffering by what he’s doing.”

An attorney for the San Francisco Sheriff’s Association said that the allegations were “exaggerated,” and that what happened was basically “horseplay.”

District Attorney George Gascón called the allegations “deplorable.”

Vivian Ho provides has a lot more about the accusations, so read on.


Posted in Civil Liberties, crime and punishment, jail, media, prison policy, race, race and class | 7 Comments »

John Oliver Blasts Municipal Fine Swindle-System, LAPD Empathy Training, LA City Crime Rates, and Former LA DA Paid to Lobby for New Jail

March 25th, 2015 by Taylor Walker

JOHN OLIVER SHINES A LIGHT ON MUNICIPAL FINES AS ABUSIVE MEANS TO FUND CITIES

Many cities use the revenue from tickets for municipal violations to fund public services, and happily heap on further penalties for inability to pay—fines for the fines. Obviously, this system disproportionately affects the poor. In addition to incurring impossible debt, people who cannot pay their tickets can also lose their drivers licenses in many states. This, in turn, means that they can no longer drive to a job to earn money to funnel into the city’s coffers, and the pockets of private probation debt-collecting companies. Sometimes an inability to pay these fines can even land them in (debtor’s) prison.

On Last Week Tonight John Oliver took on the issue, sharing some deeply troubling tales, including the story of a grandmother who racked up thousands of dollars in insurmountable late fines. The grandmother lost her car, lost her license, and spent ten days in jail.

We highly suggest watching the above segment in its entirety.


NEW LAPD TRAINING: EMPATHIZING TO DE-ESCALATE

LAPD officers are receiving a new one-week empathy-focused training on how to de-escalate encounters with people who are mentally ill and showing signs of aggression. The goal to equip cops with better techniques for interacting with people suffering a mental health crisis who do not pose an immediate threat, to avoid unnecessary use of lethal force. Officers are taught to use humor, first names, and other non-threatening conversational strategies while slowly backing away. The safety of officers and the public are, of course, still of highest priority.

Participants are also taught about various types of mental disorders they may come in contact with. Thus far about 1,000 of the 10,000 sworn have taken the new course.

KPCC’s Frank Stoltze has more on the new training. Here are some clips:

The scene was tense: Two Los Angeles Police officers approach a man yelling and screaming at the end of a cul de sac. He looks angry and aggressive as he paces back and forth in the middle of the street.

“I just got back two weeks ago,” he shouts. “Two weeks ago!” The man is an Iraq War veteran.

“Tell me about it,” an officer calmly asks. He is met with anger. “What are you trying to do? Don’t try to talk to me. Nobody understands what it was like over there.”

“Sir, I’m here to help you,” the officer responds. He watches the man’s hands closely to see if he grabs a weapon.

The man is unarmed. He starts to calm down.

Suddenly, lights come on.

The two officers are standing in front of a screen inside the LAPD’s “force option” simulator.

[SNIP]

Peter Moskos, who teaches at New York’s John Jay College of Criminal Justice, said the techniques taught at this class only work if everyone uses them.

Too often, he said, a patrol officer may be bringing down the stress when a more aggressive “obnoxious” cop swoops in and makes a mess of things.

“This frustrates cops to no end,” said Moskos, a former Baltimore City police officer. “You could be de-escalating the scene, and someone in your squad shows up, and you go, ‘Oh, my god, now it’s going to explode, because they just don’t know how to talk to people.’ Because they don’t have that empathy.”


BIG FLUCTUATIONS IN LOS ANGELES CRIME RATES

The LAPD reported Tuesday that shootings have risen 31% (54 incidents) over last year. Violent crime went up 27% overall, and property crime increased 12%. Several other types of crime experienced similar spikes. Homicides, however, dropped 2%.

The sizable disparity in crime numbers may be due, in part, to the LAPD correcting crime classification issues (more on that here), but it’s hard to tell this early. Department officials believe gang-related violence may be behind the the jump in shootings.

The LA Times’ Richard Winton and Ben Poston have more on the numbers. Here’s a clip:

“We are putting our officers in corridors that are the hottest for crime,” said Assistant Chief Jorge Villegas.

The department is also relying more on crime data to help predict where hot spots might develop and deploy extra resources there, Beck said.

[SNIP]

Officials said fixing the classification process has resulted in more serious assault cases on the books.

But the crime increase in 2015 goes beyond this one offense.

Villegas cited a jump in robberies, particularly in downtown L.A. and surrounding areas. Robberies are up 19% citywide compared to this time last year. Police have reported 7% more rapes this year compared to 2014.

Some of the crime, Villegas said, is connected with the skid row homeless population fighting over territory as well as an increase in street crime. Central Division, which includes skid row, has recorded a 73% surge in violent crime this year compared to 2014.


FORMER LA DISTRICT ATTORNEY STEVE COOLEY LOBBYING FOR NEW JAIL DEAL

Former LA County District Attorney Steve Cooley has taken up lobbying for an Adelanto jail plan…for pay.

Back in December, the Adelanto City Council voted 4-1 in favor of building a new 3,264-bed jail, with the idea that LA County would lease the $324 million facility and fork over what, for the small San Bernardino city, would be some much-needed cash.

Private developer Doctor R. Crants hired the former DA to throw his weight behind the controversial jail proposal, and hopes to pitch the idea to the LA County Board of Supervisors as soon as possible.

The Hesperia Star’s Brooke Self has more on the issue. Here’s a clip:

“We’re working on it (but) we haven’t been able to schedule a vote yet (with the Board of Supervisors),” Johns said about progress and potential support from LA County. “We (hope) to be able to have a presentation with the Sheriff next week. Once we meet with the Sheriff and get the green light there — we won’t go to the Supervisors until we get encouragement from the Sheriff.”
When asked how he thought Cooley’s influence might impact L.A. County’s decision, Johns said “trust me, we wouldn’t hire him if we didn’t think so.”

“He’s one of the foremost public safety officials in the state,” Johns said of Cooley. “He’s been serving in that capacity for a very long time. I would think his support would be meaningful for those people looking to receive direction and input. I think he’ll be very helpful.”

Cooley, 67, was the longest-serving DA in L.A. County history, serving from 2000 to 2012. He worked for 39 years and four months as a county prosecutor. Last year, he was a public supporter of new L.A. County Sheriff Jim McDonnell’s successful campaign for the top law enforcement post.

McDonnell’s office is in charge of producing the county’s jail plans and making recommendations to the Board of Supervisors. On Thursday, Cooley said the two have been friends for 15 years, but he didn’t believe that there were any ethical concerns with him lobbying his office.

“I don’t have legal issues,” Cooley said. “I’m a private person, an attorney to practice law. I have some degree of expertise in this arena and I can advocate for whatever I think is in the client’s best interest. And certainly this is in the county’s best interest. The fact that I have a 15-year relationship with the county Sheriff is irrelevant. Adelanto wasn’t even a blip on my radar screen when I was out there supporting McDonnell. Any suggestion of any ethical issues are misplaced and not even logical. When I do register as an L.A. County lobbyist, then certain rules come into place and I’ll honor those rules.”

Posted in District Attorney, jail, Jim McDonnell, LAPD, Mental Illness, prison policy, racial justice | No Comments »

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