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Ferguson, Los Angeles & Lakewood….the Task of Finding Facts Beneath the Defensiveness, Demonization & Trauma

August 18th, 2014 by Celeste Fremon


Over the weekend, emotions continued to run high over the shooting of Michael Brown.

Attorney General Eric Holder announced via a Sunday morning news release that, under the supervision of the DOJ, a federal examiner will conduct a third autopsy of Brown. (A state autopsy and an autopsy requested by Brown’s family are the first and second.) Holder said the state autopsy will also be taken into account.

Also on Sunday, Missouri Gov. Jay Nixon expressed unhappiness that Ferguson police released the video of Michael Brown appearing to rob a convenience store of a box of cigars, shoving the much smaller clerk out of the way when the clerk attempted to stop him.

[NOTE: In an earlier version of this story, we described Brown's apparent action as "shoplifting," which was not correct. In Missouri, as in most states, the shove to the clerk makes it "strong-arm robbery" or "robbery in the second degree," as physical force appeared to be used, but there was no weapon involved.]

On the other hand, while the timing of the video release was painfully clumsy, withholding the video did not, frankly, sound like a great idea either. Damned if you do, damned if you…. etc.

Indeed, the video upset people. It may have been real but it was misleading, Brown’s neighbors tried to explain to an LA Times reporter. Mike-Mike, as they called him, was a good kid, not perfect, but someone for whom the neighbors had real hope.

By Sunday afternoon, the results of the private autopsy were released showing that Brown was shot at least six times, including twice in the head, with none of the shots appearing, at least initially, to be at close range. However, this last was not at all conclusive, since Brown’s clothing had not been examined by Dr. Michael Baden, the former chief medical examiner for the City of New York, who flew to Missouri to perform the autopsy at Brown’s family’s request. Baden and others specified that more information is needed before conclusions could be drawn from his findings.

Yet the announcement fueled further demonstrations Sunday night featuring gun shots, Molotov cocktails and looting. Early Monday, Missouri’s governor called in the National Guard.

Matters had not been helped by the fact that members of the Ferguson Police Department had been behaving like storm troopers during demonstrations for the past week, hauling off a Washington Post reporter and a Huffington Post reporter to jail for….reporting.…from inside the local McDonald’s. And chasing an Al Jazeera team away from the reporters’ lights and cameras with tear gas.

Meanwhile, back in Los Angeles on Sunday afternoon, the LAPD met several hundred sign-carrying demonstrators who gathered at LAPD headquarters to protest the shooting death on August 11 of Ezell Ford, a 25-year-old, reportedly mentally ill black man who was unarmed and whom police say tried to take the gun from the holster of one of the officers who attempted to detain him. Witnesses tell a different story.

In LA, the cops mostly let the demonstrators do what they wanted when they marched through Union Station, Little Tokyo, and elsewhere, long as they didn’t cause trouble.

The difference in the responses of the two departments points to the fact that the two shootings did not take place in the same context and, despite the similar emotional issues they may raise, they must not be conflated.

At the same time, the circumstances of both shootings are sharply disputed, and thus they require clear-headed, dispassionate investigation to tease out the facts.

On Friday, LA’s emotional climate was complicated further as the dangerous nature of police work was tragically illustrated when a Los Angeles County Sheriff’s deputy was viciously assaulted while he was escorting a domestic disturbance suspect out of a Lakewood shopping mall. The suspect, who has now been arrested for attempted murder, knocked the deputy to the ground, then repeatedly kicked him in the head and body, putting him in critical condition. Since surgery, the deputy’s condition has been listed as stable, but there are inferences of life-changing injuries.

Such attacks cannot help but traumatize officers who just want to do their jobs well and get home safe to their families at night. When non-cops fail to comprehend this reality, they risk distancing themselves disastrously from the men and women who have signed up to protect and serve them.

At the same time, members of LA’s minority neighborhoods in particular can point to decades of shameful history of police abuses that, while reform has taken place, have left trauma still in their wake to the degree that an LA reporter and mother writes about her terror when she first learned she would be having a baby boy in a world where “black boys face different dangers,” some of them from law enforcement. Her fears, sadly, are not uncommon.

To look at the matter from a slightly different angle, one of the best and simplest explanations I’ve read in the last week as to why shooting of—or by—- police officers are likely generate so much upset comes from the Atlantic’s Ta-Nehisi Coates:

Police in America are granted wide range of powers by the state including lethal force. With that power comes a special place of honor. When cops are killed the outrage is always different than when citizens are killed. Likewise when cops kill under questionable terms, more scrutiny follows directly from the logic of citizenship. Great power. Great responsibility.

There you have it. We are supposed to be devastated when a cop is hurt or killed. Cops and firefighters are the people who put themselves in harm’s way to protect the rest of us, and injury or worse to peace officers goes beyond the awful tragedy that hits the family and friends of the individual cop. It tears something fundamental in the community as a whole.

By the same token, if police appear to use their powers wrongly or carelessly or cavalierly, then resist being questioned about it—or worse, lie about it—-community members feel frightened and betrayed. Community trust shatters in ways that are difficult to repair. Everybody suffers from the shattering, police and community both.

It is, of course, much too soon to know what really happened in either the Michael Brown or the Ezell Ford shootings. And whatever truths are ultimately uncovered, let us hope we can get to them with a minimum of defensiveness and/or demonization. We are, in the end, all in this together. Remembering that one small fact might be helpful.

Posted in LA County Jail, LAPD, LASD, law enforcement, race, race and class, racial justice, social justice | 38 Comments »

LA’s Central Crumbling Juvenile Hall, Pepper Spray in San Diego’s Juvenile Facilities, Mental Health Diversion Vote Postponed…and More

July 30th, 2014 by Taylor Walker

WHAT WILL LA COUNTY DO WITH THE DILAPIDATED CENTRAL JUVENILE HALL

As LA County is planning to rebuild Men’s Central Jail and Camp Kilpatrick, and to replace a women’s jail, another facility, the county’s Central Juvenile Hall, is in a state of woeful disrepair. Kids housed at “the Hall,” as it is sometimes referred to, endure broken pipes, dry-rot, mold, and structures that are outdated and not conducive to the current movement toward treatment and rehabilitation.

The LA County Supervisors, other county officials, and advocates don’t all agree on one solution.

The facility is predominantly used to hold kids awaiting trial at the central court, so relocating the kids away from the court would create a transportation obstacle. While the Supes are not sure if there is adequate funding for replacing the juvenile hall (an estimated $50M), the county is pumping millions into holding the facility together.

While it’s obvious that something must be done to remedy the conditions these kids are living in, it’s not clear exactly what the right answer is.

The LA Times’ Abby Sewell has more on the issue. Here’s a clip:

…absent from the public discussions has been any long-term plan to improve or replace the 22-acre Central Juvenile Hall in Boyle Heights, which the county’s watchdog grand jury recently criticized for being in “severe disrepair,” a continuing financial drain on taxpayers and in need of a complete replacement. The facility, which mostly houses minors awaiting trials, is plagued by leaking pipes, dry-rotted support beams, decaying facades and peeling paint, the panel wrote.

“Bath towels and duct tape were used in a futile attempt to repair broken pipes and prevent seepage” in one housing unit, the grand jury reported after members inspected the hall. “There was an indistinct foul odor in the hallway suggesting that sewage or stagnant water was present.” They found a “dilapidated” modular building used to house foster youth facing criminal charges was “totally isolated from the main facility and surrounded by barbed wire fencing which gives the appearance of an adult prison, not a youth facility.”

Several high-level county officials echoed the grand jury’s concerns. Trying to repair and modernize the existing buildings “is like putting a jet engine on a Model T,” Probation Department chief Jerry Powers said in an interview.

“It’s been a horrible facility for a long time,” said Supervisor Gloria Molina, whose district includes the hall. “We’ve tried to clean it up and rehab it and everything, but it needs to be rebuilt.”

Advocacy groups, including the Youth Justice Coalition, say the aging central hall is no longer needed and should be torn down and not replaced.

At this point, however, no detailed study of the facility or its future has been conducted. It’s unclear whether county officials will back what Powers estimated would be a $50-million replacement price tag for the hall, when so many other costly projects are underway.

“If I had my choice and had all the money I needed, I would support blowing the whole thing up and starting over again,” said Supervisor Don Knabe, who represents the southern part of the county. But funding a new central juvenile facility could be difficult, he added. Supervisor Michael D. Antonovich, who represents northern areas, agreed that the hall needs to be replaced but said through a spokesman that the supervisors would have to look later this year at what funding is available for that and other projects.

In the meantime, the county board has been pouring millions into repairing and keeping open the hall’s labyrinth of buildings behind the Eastlake Juvenile Court. Supervisors allocated $5 million this year to alleviate water damage and plumbing issues.


YOUTH LAW CENTER FILES COMPLAINT AGAINST SAN DIEGO PROBATION FOR PEPPER SPRAY USE ON LOCKED UP KIDS

The San Francisco nonprofit Youth Law Center filed a 34-page complaint against the San Diego County Dept. of Probation, co-signed by nine other advocacy groups, citing excessive pepper spray use at San Diego’s East Mesa and Kearny Mesa juvenile facilities after finding that officers shot kids with pepper spray 461 times in 2012.

While 70% of juvenile facilities across the nation ban the use of pepper spray, the Youth Law Center investigation found that officers were spraying kids indiscriminately, “as an all-purpose behavioral management tool.”

A number of girls were reportedly sprayed for refusing to strip in front of male officers. Officers sprayed kids as young as twelve, for things like failure to follow instructions, or refusal to leave their cells. Kids with skin, respiratory, heart, and mental health problems were also sprayed.

San Diego CityBeat’s Dave Maass and Kelly Davis have more on the issue. Here are some clips:

The girl sat on the bunk in her cell in one of San Diego County’s female juvenile-detention units as staff members explained that she was being placed on suicide watch. They told her she had to strip naked in front of them—including in front of a male staff member.

She refused, twice. So, they sprayed her in the face with pepper spray, then shut the door to her cell.

Two minutes later, they asked if she was going to cooperate. She refused, and they sprayed her a second time and again shut the door.

Minutes later, they opened the door and sprayed her again. She vomited. They then sprayed her yet once more.

After the fourth blast of pepper spray, the girl finally submitted. Probation staff ordered her to crawl out of the cell, where they handcuffed her, forcibly removed her clothing, cut off her shirt and bra, strip-searched her, put her in a gown and placed her in solitary confinement for 48 hours.

This account is one of dozens of abuses of pepper spray by the San Diego County Probation Department at its East Mesa and Kearny Mesa juvenile facilities revealed today by the Youth Law Center (YLC), a San Francisco legal advocacy nonprofit. In a 34-page formal complaint supported by more than 170 individual exhibits, YLC has asked the U.S. Department of Justice’s Civil Rights Division to investigate the probation department and order it to end the use of pepper spray and other practices that YLC says violate youths’ constitutional rights. Nine groups co-signed the complaint, including California Rural Legal Assistance, El Grupo, the San Diego branch of the NAACP, Border Angels, Latinos Organizing for Action, Alliance San Diego, CSA San Diego, American Friends Service Committee San Diego and the San Diego La Raza Lawyers Association….

According to the complaint, YLC and El Grupo initiated an investigation of pepper-spray use in San Diego County juvenile facilities in 2012 after San Diego CityBeat, in collaboration with TheCrimeReport.org, reported that pepper spray, also known as oleoresin capsicum, or OC spray, had been used on juveniles 461 times in a single year. As we noted then, and is noted in the complaint, only a handful of states allow juvenile-detention staff to carry pepper spray. More than 70 percent of facilities nationwide ban its use entirely. Many jurisdictions, including Los Angeles County, the California Department of Corrections and Rehabilitation’s Division of Juvenile Justice and the Texas Youth Commission have been forced to reduce pepper-spray usage after legal pressure from civil rights groups and youth advocates.

In San Diego juvenile facilities, probation officers have wide discretion to use pepper spray, whether it’s the small bottles they carry or the large canisters, nicknamed “Big Berthas,” designed to quell riots. Before deploying pepper spray, officers call out the “Cover” command; every youth within earshot is required to assume a crouch position, with hands clasped over their head to avoid getting sprayed.

[SNIP]

YLC identified dozens upon dozens of cases of improper use of pepper spray. Probation staff sprayed youth at risk of suicide; youth who simply were disobedient; youth with respiratory, cardiovascular and skin problems; and youth being treated with psychotropic medication.

They used it to gas-out detainees who refused to leave their cells. They sprayed detainees as young as 12 years old. They sprayed multiple girls who refused to strip at the request of male staff.

YLC documented evidence of 147 youths who weren’t doing anything wrong but were nonetheless exposed to pepper spray because staff had used too much on other detainees. In five separate incidents, staff used at least a pound of pepper spray.


SUPES PUSH MENTAL HEALTH DIVERSION VOTE TO NEXT TUESDAY

The LA County Board of Supervisors has postponed voting on a motion (made by Mark Ridley-Thomas) that would earmark at least $20 million for the upcoming fiscal year to a mental health diversion program. (Backstory here.)

Rina Palta was at Tuesday’s board meeting and has this update. Here’s a clip:

“I don’t think this is ready for primetime,” said Supervisor Gloria Molina, who noted that the supervisors may want to spend more than $20 million for such purposes once Lacey’s plan is complete.

Supervisors Zev Yaroslavsy and Don Knabe also expressed support for funding diversion through the supplemental budget process in the fall — but not yet.

The board did agree to request a report from various county agencies on where diversion funds might come from and what sorts of programs are needed.

Next week, the board is expected to vote on funding contracts for architectural plans and an environmental impact report for jail construction in L.A. County. The $14.5 million combined contracts would be a next step in building, among other projects in the county’s comprehensive jail plan, a downtown jail to house inmates with mental illness.

Despite the nay-sayers who want to wait till the fall, Ridley-Thomas told Rina Palta, “We need to match our rhetoric with evidence of commitment.”


THE HISTORY OF MARIJUANA PROHIBITION

The latest in the NY Times’ editorial series advocating marijuana legalization (more here, and here) lays down the historical context of the federal marijuana ban, from its racist roots, to propaganda and sensational news coverage, to taxation, to outright prohibition. Here’s how it opens:

The federal law that makes possession of marijuana a crime has its origins in legislation that was passed in an atmosphere of hysteria during the 1930s and that was firmly rooted in prejudices against Mexican immigrants and African-Americans, who were associated with marijuana use at the time. This racially freighted history lives on in current federal policy, which is so driven by myth and propaganda that is it almost impervious to reason.

The cannabis plant, also known as hemp, was widely grown in the United States for use in fabric during the mid-19th century. The practice of smoking it appeared in Texas border towns around 1900, brought by Mexican immigrants who cultivated cannabis as an intoxicant and for medicinal purposes as they had done at home.

Within 15 years or so, it was plentiful along the Texas border and was advertised openly at grocery markets and drugstores, some of which shipped small packets by mail to customers in other states.

The law enforcement view of marijuana was indelibly shaped by the fact that it was initially connected to brown people from Mexico and subsequently with black and poor communities in this country. Police in Texas border towns demonized the plant in racial terms as the drug of “immoral” populations who were promptly labeled “fiends.”

As the legal scholars Richard Bonnie and Charles Whitebread explain in their authoritative history, “The Marihuana Conviction,” the drug’s popularity among minorities and other groups practically ensured that it would be classified as a “narcotic,” attributed with addictive qualities it did not have, and set alongside far more dangerous drugs like heroin and morphine.

By the early 1930s, more than 30 states had prohibited the use of marijuana for nonmedical purposes. The federal push was yet to come…

Read the rest of the latest offering from this interesting (and enjoyable) series.

Posted in juvenile justice, LA County Board of Supervisors, LA County Jail, mental health, Probation | 8 Comments »

Will Board of Supes Vote to Fund Mental Health Diversion?…. & Does CA’s Medicaid Policy Doom More Mentally Ill Patients to Prison? …& Other Stories

July 29th, 2014 by Celeste Fremon


WILL THE LA COUNTY BOARD OF SUPERVISORS STEP UP ON MENTAL HEALTH DIVERSION $$$?

The LA County Board of Supervisors are scheduled to vote at Tuesday’s meeting on a motion that would allocate at least $20 million for the 2014-2015 fiscal year to mental health diversion.

The board was originally scheduled to vote last Tuesday on the motion, which was introduced by Supervisor Mark Ridley-Thomas two weeks ago.

But the vote was delayed, sources told us, because—surprisingly—it was not clear whether the matter had enough support to pass.

The fact that the motion couldn’t count on at least two votes in addition to that of Ridley-Thomas was particularly perplexing since both the county’s chief prosecutor, DA Jackie Lacey, and the man most likely to be the next LA County Sheriff, Long Beach Police chief Jim McDonnell, were unequivocal about their belief that a strong diversion program was essential and that adequately funding such a program was a necessity.

Lacey, in particular, was impassioned when she gave her strongly-worded interim report on the county’s progress in instituting a diversion plan.

“There’s….a moral question at hand in this process,” Lacey said to the supervisors. “Are we punishing people for simply being sick? Public safety should have a priority, but justice should always come first. If you are in a mental state that you hurt others, then the justice system has to do what it can to protect the public. but there are many who do not fall into that category. When we over incarcerate those…We merely act on fear and ignorance…”

McDonnell had issued his own statement the day before Lacey’s report calling on the county to “…fund and promote an effective network of treatment programs for the mentally ill which will provide them with the support, compassion and services they need to avoid our justice system.”

To WitnessLA he added, “I think what we do here will be watched carefully by other jurisdictions across the state, and really across the country.”

It was rumored that some of the supervisors were worried about the motion’s price tag, even though the proposed $20 million is a modest amount of money when compared to the $$$ now expended unnecessarily jailing—rather than treating (which costs much less)—nonviolent mentally ill inmates and then seeing a high percentage of those same inmates return time after time.

It is “the common sense solution,” wrote So Cal ACLU’s legal director, Peter Eliasberg, in his letter to the individual board members urging them to support the motion to “set aside funding so that it is available when Jackie Lacey provides her comprehensive blueprint to the board in September.”

Lacey put the matter in even stronger terms when she was interviewed for Monday’s news broadcast on Al Jazeera America. “….I am determined that we are going to lead this cause,” she said of the mental health diversion effort. “My dream is that we’ll be able to close down some wings of the jail.”

Moreover, as Eliasberg also noted, a robust program will likely go a long way to satisfy the scathing compliance letter issued in early June by the U.S. Department of Justice, which found that “…serious deficiencies in the mental health care delivery system remain and combine with inadequate supervision and deplorable environmental conditions to deprive prisoners of constitutionally-required mental health care.”

Now we await the board’s vote. Let us hope it is a wise one.


AND WHILE WE’RE ON THE SUBJECT OF THE COST/BENEFIT OF MENTAL HEALTH TREATMENT VERSUS LOCK UP….A NEW STUDY SUGGESTS STATE MEDICAID POLICIES RESULT IN MORE MENTALLY ILL GOING TO JAIL AND PRISON

According to a just-released study from USC’s Leonard D. Schaeffer Center for Health Policy and Economics, people suffering from schizophrenia are more likely to end up in prison in states like California, which have tight Medicaid policies requiring an extra, supposedly cost-cutting step in approval when deciding which antipsychotic drugs can be given a patient in need.

A story in USC News explains how this works:

Some health plans require an extra approval step before tests or treatments can be ordered for patients. This step – called prior authorization – is intended to encourage physicians to select cost-effective options by requiring justification for the selection of more expensive options. Likewise, prior authorization policies adopted by state Medicaid programs aim to reduce costs associated with some medications, especially those drugs used to treat schizophrenia. However, an unintended consequence of these policies may be that more mentally ill patients are being incarcerated, raising questions about the cost effectiveness of these formulary restrictions.

In the study published July 22 in The American Journal of Managed Care, researchers found that states—like California—requiring this prior authorization for what are termed “atypical antipsychotics” had a whopping 22 percent increase in the likelihood of imprisonment for schizophrenics and others, compared with the likelihood in a state without such a requirement.

Here’s more from USC News.

“This paper demonstrates that our policies around schizophrenia may be penny wise and pound foolish,” said Dana Goldman, director of the Schaeffer Center. “Limiting access to effective therapy may save states some Medicaid money in the short run, but the downstream consequences – including more people in prisons and more criminal activity – could be a bad deal for society.”

Yep. And, just so we’re clear, balking at the $20 million price tag to fund an adequate diversion program for LA County is also exactly that: penny wise and pound foolish.

We’re just saying.


LAPD PATROLLING CITY WITH “GHOST CARS?”

As the LAPD inspector general investigates the allegation that some high level department supervisors have been falsely inflating the reported numbers of officers on patrol under their watch, the police union—the LAPPL—which evidently flagged the practice to begin with, has confirmed that there are indeed reportedly “ghost cars” on patrol. (Here’s an LAPPL video that attributes the drop in patrols to budget cuts.)

KPPC’s Erika Aguilar has that story. Here’s a clip:

….Union officials, who submitted the complaint, refer to the patrol vehicles that are not on the street when they are reported to be as “ghost cars.”

The investigation began when union officers complained to the Los Angeles Police Commission and the inspector general about patrol officers who were supposed to be assigned to light or desk duty because of an injury or other condition but are asked to sign in to work as if they were in a patrol car.

LAPD Detective David Nunez, a delegate for the Los Angeles Police Protective League, said he complained to the police commission and the inspector general, saying it’s “unsafe for the community and the officers.”

POST SCRIPT: Allegations of similar “ghost patrols” have repeatedly surfaced among our sources in the Los Angeles Sheriff’s Department. The reports come from both the unincorporated areas of LA County and some of the contract cities.


MORE FROM THE NY TIMES ON MARIJUANA, SPECIFICALLY THE RACIAL INJUSTICE OF WEED ARRESTS

After the New York Times’ Sunday editorial calling for marijuana to be legalized, the paper has continued to make the case in a series of editorials on the matter, the newest being this one by Jesse Wagman on the shameful racial inequities in marijuana arrests and convictions.

Here’s a clip:

America’s four-decade war on drugs is responsible for many casualties, but the criminalization of marijuana has been perhaps the most destructive part of that war. The toll can be measured in dollars — billions of which are thrown away each year in the aggressive enforcement of pointless laws. It can be measured in years — whether wasted behind bars or stolen from a child who grows up fatherless. And it can be measured in lives — those damaged if not destroyed by the shockingly harsh consequences that can follow even the most minor offenses.

In October 2010, Bernard Noble, a 45-year-old trucker and father of seven with two previous nonviolent offenses, was stopped on a New Orleans street with a small amount of marijuana in his pocket. His sentence: more than 13 years.

At least he will be released. Jeff Mizanskey, a Missouri man, was arrested in December 1993, for participating (unknowingly, he said) in the purchase of a five-pound brick of marijuana. Because he had two prior nonviolent marijuana convictions, he was sentenced to life without parole.

Outrageously long sentences are only part of the story. The hundreds of thousands of people who are arrested each year but do not go to jail also suffer; their arrests stay on their records for years, crippling their prospects for jobs, loans, housing and benefits. These are disproportionately people of color, with marijuana criminalization hitting black communities the hardest.

NOTE: Blacks and whites use marijuana at comparable rates. Yet in all states but Hawaii, blacks are more likely than whites to be arrested for marijuana offenses. In California, for example, blacks are more than twice as likely as whites (2.2 times) to be arrested. In nearby Nevada, the discrepancy is double that with blacks 4.5 times as likely to be arrested than whites.

Posted in ACLU, Board of Supervisors, Community Health, District Attorney, health care, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LAPD, LAPPL, LASD, Marijuana laws, mental health, Mental Illness, race, race and class | 3 Comments »

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

July 24th, 2014 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Here’s another donation from April of this year.

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

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


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

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

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

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

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

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


PROSECUTORS READING DEFENDENTS’ PRISON EMAILS WITH THEIR LAWYERS

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

Here are some clips:

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

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

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

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

[SNIP]

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

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

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

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

Posted in CDCR, FBI, LA County Jail, LASD, Paul Tanaka, race, Sheriff Lee Baca | 109 Comments »

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

July 21st, 2014 by Celeste Fremon


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

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

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

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

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

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

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

There’s lots more. So listen.


MAYOR GARCETTI EXPLAINS WHY HE WILL SHELTER ENDANGERED IMMIGRANT KIDS

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

Here’re a couple clips from the NPR interview:

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

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

[SNIP]

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

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


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

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

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

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

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

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

“I’m going this year,” he tells me.

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

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


TRAINS, AMPUTATIONS AND WHY KIDS ARE ON THE RUN

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

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

Here’s a clip:

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

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

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

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


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

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

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

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

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

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

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

What the “Shocking” Rise in Racial Disparity Has to Do With the Criminal Justice System….Jackie Lacey’s Evolution…Miami-Dade & Mental Health Diversion….& More

July 17th, 2014 by Celeste Fremon



More than two decades ago, James Smith of the Rand Corporation and Finis Welch of UCLA,
published what was viewed as a seminal paper about the progress made evolution of black-white inequality during the 20th century—-particularly between 1940 and 1980.

With electronic access to census and similar data, Smith and Welch found that, in most important areas—like years of schooling completed and earning power—black men were dramatically closing the gap between themselves and their white counterparts.

Now, a quarter century later, Derek Neal and Armin Rick, two economists from the University of Chicago, have just published their own report, which looks at the economic progress since 1980 when Smith and Welch left off. What they found is this: not only has economic progress halted in significant areas for black men, but in many cases it has gone backward.

The major factor driving their calculations, Neal and Rick concluded, was the “unprecedented” rise in incarceration beginning in the mid-1980′s among American men in general, but disproportionately among black men, who research showed were—and still are—treated differently, statistically speaking, by the U.S. criminal justice system.

They wrote:

Since 1980, prison populations have grown tremendously in the United States. This growth was driven by a move toward more punitive treatment of those arrested in each major crime category. These changes have had a much larger impact on black communities than white because arrest rates have historically been much greater for blacks than whites.

Further, the growth of incarceration rates among black men in recent decades combined with the sharp drop in black employment rates during the Great Recession have left most black men in a position relative to white men that is really no better than the position they occupied only a few years after the Civil Rights Act of 1965.

Neal and Rick’s paper, which you can find here, runs 91 pages and has a lot to offer on this disturbing topic, including graphs and charts, if you want additional details.

For more in a compact form, Christopher Ingraham of the Washington Post has his own quick take on Neal and Rick’s alarming news.


RECALIBRATING JUSTICE: EXAMINING THE NEWEST STATE TRENDS IN REFORMING SENTENCING & CORRECTIONS POLICY

The Vera Institute has just put out an excellent new report outlining the recent legislative changes made last year across the U.S. at a state level that are beginning to turn around the tough-on-crime trend that has had the country in its clutches since the mid-80′s. The report is designed, not just to inform, but to provide direction for states that have yet to fully embrace the practices can produce better outcomes at less cost than incarceration.

Here’s a clip from the report’s summary:

In 2013, 35 states passed at least 85 bills to change some aspect of how their criminal justice systems address sentencing and corrections. In reviewing this legislative activity, the Vera Institute of Justice found that policy changes have focused mainly on the following five areas: reducing prison populations and costs; expanding or strengthening community-based corrections; implementing risk and needs assessments; supporting offender reentry into the community; and making better informed criminal justice policy through data-driven research and analysis. By providing concise summaries of representative legislation in each area, this report aims to be a practical guide for policymakers in other states and the federal government looking to enact similar changes in criminal justice policy.

Read the rest of the summary here.

And go here for the full report.


THE EVOLUTION OF DISTRICT ATTORNEY JACKIE LACEY

We reported Wednesday on Jackie Lacey’s fact-laden, often impassioned and entirely ambivalent presentation Tuesday to the LA County Board of Supervisors regarding the necessity for a real community diversion program for a large percentage of the county’s non-violent mentally ill who are, at present, simply cycling in and out of jail.

Lacey is also a newborn champion of split sentencing for LA prosecutors, and has at least taken initial steps toward affirmative stances on other much needed criminal justice reforms, like pretrial release.

Interestingly, as those who remember Lacey’s positions on similar matters during her campaign for office are aware, it was not always so. Not by a long shot.

With this once and future Jackie in mind, a well-written LA Times editorial takes a look at the evolving views of LA’s first female DA.

We at WLA think the news is heartening. Growth and change are essential for all of us. And we admire those, like Lacey, who have the courage to become more than they were the day, week, month, year before—especially when they have to do it in public.

May it continue.

Here’s a clip from the LAT editorial.

In the closing weeks of the long and contentious 2012 campaign for Los Angeles County district attorney, Jackie Lacey fielded questions at a South L.A. church filled with activists and organizers who were advocating near-revolutionary changes in the criminal justice system. They asked the candidate: What would she do to make sure fewer people go to prison? Didn’t she agree that drug use and possession should be decriminalized? How quickly would she overhaul the bail system to make sure the poor are treated the same as the rich while awaiting trial? Would she ensure that mentally ill offenders get community-based treatment instead of jail? Would she demand so-called split sentences, under which convicted felons spend only part of their terms in jail, the other part on parole-like supervision?

Her opponent hadn’t shown up to the forum, so Lacey had the audience to herself. She could have owned it. With a few platitudes and some vague words of support, she could have had everyone cheering.

Instead, she proceeded to slowly and methodically answer questions as though she were deflating balloons, popping some immediately, letting the air slowly out of others.

Her role, she said, was not to keep people out of prison but to keep people safe. Drugs damage the users, their families and their communities, she said, and the criminal justice system should dissuade young people, especially, from using drugs. Bail is complicated, she said, but gives the accused an incentive to show up for trial.


A LOOK AT WHAT MIAMI-DADE IS DOING RIGHT WITH MENTAL HEALTH DIVERSION

In her story about Lacey’s presentation to the board of supervisors on Tuesday, KPCC’s Rina Palta took a very smart look at the much-invoked diversion strategies that the Florida’s Miami-Dade County has put in place and how they work—since, after all, it is these ideas that Lacey and her team have been studying as they work to figure out what will work for LA.

Here’s a clip:

“It really started not because we’re better than or smarter than anyone else, but because our needs are worse than anyone else,” said Steve Leifman, the associate administrative judge of the Miami-Dade criminal division and chair of Florida’s task force on substance abuse and mental health issues in the courts.

Leifman said that while the national average for serious mental illness in the population is about 3 percent, in his county, it’s 9.1 percent.

Meanwhile, Florida’s public mental health spending ranks near the bottom in the nation. (He estimates public health dollars provide enough care for about 1 percent of the population.)

The county held a summit — similar to the one held by Lacey in L.A. in May — and commissioned a study from the University of Southern Florida to look at its large mentally ill jail population.

Leifman said the results were striking.

“What they found is that there were 90 people — primarily men, primarily diagnosed with schizophrenia — who over a five-year period were arrested almost 2,200 times, spent almost 27,000 days in the Dade County jail. Spent almost 13,000 days at a psychiatric facility or emergency room. And cost taxpayers about $13 million in hard dollars,” he said.

To turn things around, the county has relied largely on federal aid, through Medicare, to fund treatment-based programs for its mentally ill misdemeanants and non-violent felons. It’s also learned to leverage local resources well by collaborating with community partners, Leifman said.

The main programs fall into two categories: pre-arrest and after-arrest.

Now for the details, read the rest of Palta’s story.


MARK RIDLEY-THOMAS AND OTHER BLACK LEADERS ENDORSE JIM MCDONNELL FOR SHERIFF

On Friday morning, Supervisor Mark Ridley-Thomas and more than a dozen notable African American leaders, including Pastor Xavier Thompson, President of the Baptist Ministers Conference, endorsed Jim McDonnell for Los Angeles County Sheriff.

“Chief Jim McDonnell has the integrity and foresight to lead the Sheriff’s Department into a new era of transparency and success,” said Ridley-Thomas. “Throughout his years of public service, he has shown that he is not just tough on crime, but smart on crime, with the insights to recognize the value of investing in prevention and crime reduction strategies that keep our community safe and also help promote more positive outcomes for those at risk of entry into the justice system.”

McDonnell told the crowd at the Southern Missionary Baptist Church in the West Adams District that he was proud to have the support of Ridley-Thomas, whom he said was “deeply committed to transparency and accountability in the Sheriff’s Department and a tremendous advocate for community engagement. I look forward to working together to find ways that we can protect our neighborhoods and help our children and families thrive.”

MRT’s endorsement means that McDonnell is now supported by all five members of the LA County Board of Supervisors.

Former undersheriff Paul Tanaka, McDonnell’s rival in the contest for sheriff, has been conspicuously quiet in past weeks, and was unresponsive to WLA’s request for comment earlier this week on the issue of mental health diversion.



Graphic at top of post from Bureau of Justice Statistics, U.S. Department of Justice

Posted in crime and punishment, criminal justice, District Attorney, Education, Employment, LA County Board of Supervisors, LA County Jail, mental health, Mental Illness, race, race and class, racial justice | 2 Comments »

Mark Ridley-Thomas Asks for $20 Million for Mental Health Diversion & Jackie Lacey Lays Out the Issue

July 16th, 2014 by Celeste Fremon



On Tuesday, Supervisor Mark-Ridley Thomas surprised advocates at this week’s board of supervisors meeting with a welcome
and very timely motion to identify and set aside at least $20 million in county funds for a mental health diversion program.

In the motion, Ridley-Thomas pointed out that diversion “was a missing component of the adopted nearly $2 billion dollar jail master plan.” And yet, he noted, only a proposed $3 million was set aside for it.

“Considering that the Board-approved jail construction plan is estimated to cost $2B, the proposed investment in diversion is inadequate by comparison.”

(Um. Ya think?)

Ridley-Thomas also spelled out the fact that the claim that diversion will save money and lower LA’s jail population is hardly conjecture, that there is plenty of precedent to guide us, like, for example, “….New York City’s Nathaniel Project with a reported 70% reduction in arrests over a two-year period; Chicago’s Thresholds program with an 89% reduction in arrests, 86% reduction in jail time, and a 76% reduction in hospitalization for program participant; and Seattle’s FACT program with a 45% reduction in jail and prison bookings. The Miami-Dade County program, with access to community-based services and supportive housing resources, has reduced recidivism from 75% to 20% for program participants….”

MRT’s motion seemed well-timed for passage, coming as it did a day after Long Beach police chief and candidate for sheriff, Jim McDonnell, called on LA County to “fund and promote an effective network of treatment programs for the mentally ill which will provide them with the support, compassion and services they need to avoid our justice system.”

It also followed LA District Attorney Jackie Lacey’s scheduled report to the board on Tuesday.

Lacey—the LA official who has taken the lead on the push for mental health diversion (and thereby conveyed to the concept an important validity due to her position in law enforcement)—gave a fact-laden presentation that was also often genuinely impassioned.

For example, there was this:

“There’s also a moral question at hand in this process. Are we punishing people for simply being sick? Public safety should have a priority, but justice should always come first. If you are in a mental state that you hurt others, then the justice system has to do what it can to protect the public. but there are many who do not fall into that category. When we over incarcerate those…We merely act on fear and ignorance…”

And then later:

“My position is that of being in the criminal justice system for nearly 30 years as a prosecutor. It’s like groundhog day. We continue to have the same reaction in the prosecutor’s office, which is to put people into jail. Punish, punish, punish. And if our recidivism rate in this state is 70 percent….we are failing. We are failing! All we are doing is warehousing people and putting them back out!”

And the number of mentally ill warehoused is growing, she said. “The percentage of inmates who are mentally ill has increased by nearly 89 percent since 2011.” And “…we see the same people over and over again after they have been treated in the jail and released.”

Like Ridley-Thomas, Lacey pointed to the existing programs elsewhere that make clear that LA need not be stuck in such a cycle of knee-jerk failure. “We know when we look at other jurisdictions such as Miami Dade and Memphis, we are not doing what we could and should be doing to divert those who are mentally ill out of the system.

In the end, the board thanked Lacey profusely and elected to put off voting on Ridley-Thomas’s motion until next week. But the reception by at least some supervisors, notably Zev Yaroslavsky, was demonstrably positive.

“I think it’s critical that we do this,” Yaroslavsky said. “It kind of came to a head a few weeks ago when the majority of the board vote to undertake the study of a $2 billion jail. These kinds of programs would not necessarily mitigate the need for a replacement jail, but it might mitigate the need for the size of jail we have….”

Indeed.

Let us hope that next week the board as a whole follows through with real commitment through their vote.

Posted in ACLU, Board of Supervisors, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, mental health, Mental Illness | 2 Comments »

LA Funding Behavioral-Parent Training to Keep Kids Safe….LASD’s New Re-entry Center….Realignment Recommendations….and Supe Ridley-Thomas and Others Back Jim McDonnell for Sheriff

July 16th, 2014 by Taylor Walker

LA INVESTING $20M IN PARENT-CHILD INTERACTION THERAPY TO IMPROVE CHILD SAFETY

The taxpayer initiative First 5 LA is putting $20 million toward expanding Parent-Child Interaction Therapy (PCIT), a program aimed at preventing child maltreatment by providing educating parents in a therapeutic environment. Through the new funding, between 320 and 400 new PCIT therapists will be trained to give one-on-one live parenting instruction to moms and dads at risk of having their kids taken away from them. During the 12 to 14 therapy sessions, a parent sits and plays with their child while receiving coaching cues in an earpiece from a therapist watching from another room.

The Chronicle of Social Change’s Christie Renick has more on PCIT and the county’s efforts to reform LA County’s child welfare system. Here’s the opening:

Last month, the Los Angeles County Board of Supervisors began implementing the recommendations made by the Blue Ribbon Commission on Child Protection, which calls for augmented child maltreatment prevention efforts.

While implementation of the commission’s many recommendations is a long-term venture, leaders are hoping that the rollout of a maltreatment prevention initiative may improve child safety in the short-term.

First 5 LA, a taxpayer-supported initiative that provides a variety of services to families with young children in Los Angeles County, is investing $20 million in child maltreatment prevention with a five-year-long therapist-training program known as Parent-Child Interaction Therapy (PCIT).

The goal is to train up to 400 PCIT practitioners through the state. First 5 LA’s PCIT grant is in partnership with the county’s Department of Mental Health, through which PCIT providers can access state-funded reimbursement for services.

PCIT emphasizes improving the quality of the parent-child relationship through one-on-one live coaching. During a PCIT session, a parent-child pair plays and interacts in a therapy room while the therapist watches through a one-way mirror and guides their interactions using a discrete earpiece worn by the parent. PCIT is typically delivered in a series of 12 to 14 sessions and is broken into two main parts, Relationship Enhancement and Strategies to Improve Compliance.

In Los Angeles, PCIT is being made available to families at risk of becoming involved with the child welfare system, or who have open cases but are not currently in the process of having their parental rights terminated.

After linking a lack of prevention services with “an excessive number of referrals and investigations” and high caseloads in the county’s dependency court system, the Blue Ribbon Commission’s final report, issued in April, called on the county’s board of supervisors to direct the Department of Public Health and First 5 LA to jointly develop a comprehensive prevention plan.

By training hundreds of clinicians and therapists who will serve thousands of families in the county, this will be the largest PCIT initiative since its development in the early 1970s, a prospect that excites researchers close to the strategy.

“The prospect of prevention is very powerful because we’ve shown the parents, with PCIT…[they] can change and become positive, nurturing, sensitive parents who can set limits with their children in a safe and effective way,” said Cheryl McNeil, a professor of psychology at West Virginia University. “Prevention efforts with PCIT encourage parents to use highly positive parenting tools before they get into negative interactions with their children.”


LASD RE-ENTRY CENTER HELPS THOSE RELEASED FROM JAIL WITH TRANSITION BACK TO THEIR COMMUNITIES

The LASD-run Community Re-entry Resource Center opened late in May to help recently released LA County jail inmates successfully re-enter their communities. The Resource Center helps former inmates get connected with things like food stamps, mental health services, substance abuse programs, and employment services. This is a welcome step in the direction of accomplishing one of realignment’s goals: reducing recidivism.

The LA Times’ Cindy Chang has more on the program. Here’s how it opens:

The 40-year-old man in the black jacket and jeans was getting out of jail with no money and no place to live.

As he left the county jail complex in downtown Los Angeles, he stopped at the new Community Re-entry Resource Center, where he received a bus token and a referral to a homeless shelter. The man, who would give only his first name, David, got a phone number for the police so he could see whether his car had been impounded while he was imprisoned.

The center, which opened at the end of May and is run by the Sheriff’s Department, helps people leaving the jails adjust to life on the outside, in hope they won’t come back again.

Newly released inmates get assistance with food stamps, mental health services and health insurance. A probation officer is on hand, along with officials from various county departments. The nonprofits HealthRight 360 and Volunteers of America offer referrals to job centers and substance abuse programs.

“They go back to their old neighborhood and fall into the same trap, with the same friends, and they end up right back in jail,” said Sgt. Joaquin Soto. “We’re trying to avoid that.”

David said he was behind bars for six days after missing a court appearance related to a drug offense. But that was enough to set him back. He had been living out of his car and has no family in the area. He needed something to tide him over until he started a new job in a few days.

“They’re helping me out at just the right time,” he said.

Inside the jails, the sheriff’s Community Transition Unit provides similar services. On the way out, the drop-in reentry center offers a final chance for newly released inmates to get the services they need, said sheriff’s officials and reentry experts.

Read on.


NEW RESEARCH ON CALIFORNIA REALIGNMENT AND HOW TO REDUCE THE BURDEN PLACED ON COUNTIES

In a recent research paper expanding on her comprehensive study on the effects of California prison realignment released in November, Stanford corrections system expert Dr. Joan Petersilia says that AB109 has had “mixed results” for California counties thus far.

Petersilia recommends a number of legislative tweaks to the realignment plan, including mandatory split-sentencing for all felony sentences served in county jails, statewide tracking of all offenders, and jail sentences to max out at three years.

Stanford News’ Clifton Parker has more on Petersilia’s research and recommendations. Here’s a clip:

When California embarked on a sweeping prison realignment plan in 2011, The Economist described it as one of the “great experiments in American incarceration policy.”

The challenge was to shift inmates from overcrowded state prisons to jails in California’s 58 counties.

At this point, the results are mixed and the “devil will be in the details” as tweaks to the original legislation are urged, according to new research by a Stanford law professor.

“Only time will tell whether California’s realignment experiment will fundamentally serve as a springboard to change the nation’s overreliance on prisons,” wrote Stanford Law School Professor Joan Petersilia, a leading expert on prison realignment, in her article in the Harvard Law and Policy Review. “It is an experiment the whole nation is watching.”

[SNIP]

“If it works, California … will have shown that it can downsize prisons safely by transferring lower-level offenders from state prisons to county systems. … If it does not work, counties will have simply been overwhelmed with inmates, unable to fund and/or operate the programs those felons needed, resulting in rising crime, continued criminality and jail overcrowding,” wrote Petersilia, co-director of the Stanford Criminal Justice Center.

[SNIP]

Petersilia urges legislative revisions to California’s realignment plan (some are now under discussion in the legislature). Suggestions include:

Requiring that all felony sentences served in county jail be split between time behind bars and time under supervised release (probation), unless a judge deems otherwise

Allowing an offender’s entire criminal background to be reviewed when deciding whether the county or state should supervise them

Capping county jail sentences at a maximum of three years

Allowing for certain violations, such as those involving domestic restraining orders or sex offenses, to be punished with state prison sentences

Creating a statewide tracking system for all offenders

Collecting data at the county and local level on what is and is not working in realignment

She said several counties are taking advantage of split sentencing with promising results. Still, only 5 percent of felons in Los Angeles County have their sentences split. She called this type of flexibility “extraordinarily important” to realignment, as it would lessen space and cost burdens for counties.

(We would like to note that LA will increase its use of split-sentencing after Los Angeles DA Jackie Lacey instructed prosecutors in her office to start seeking split sentences for certain low-level offenders.)


SUPE RIDLEY-THOMAS AND OTHER LEADERS TO ANNOUNCE SUPPORT FOR JIM MCDONNELL IN LA SHERIFF RACE

Today at 9:30a.m., LA County Supervisor Mark Ridley-Thomas and more than a dozen other South LA leaders will gather at Southern Missionary Baptist Church to announce their support for LBPD Chief Jim McDonnell for LA County Sheriff.

Posted in DCFS, Foster Care, Jim McDonnell, LA County Jail, LASD, Reentry, Rehabilitation, Sentencing | No Comments »

LA County Board of Supes to Vote on Laura’s Law… as Sheriff Candidate McDonnell Commits Strong Support for Mental Health Diversion

July 15th, 2014 by Celeste Fremon


EXPANDING LAURA’S LAW IN LA COUNTY

On Tuesday, the LA County Board of Supervisors will consider the issue of how best to help LA County’s mentally ill from two different perspectives.

First of all the supervisors are expected to vote to expand and fund something called the Assisted Outpatient Treatment (AOT) Demonstration Project Act of 2002—more commonly known as Laura’s Law.

Although Laura’s Law was passed by the California legislature in 2002, the statute was controversial, thus the state gave counties the option of adopting it or not.

In brief, Laura’s Law allows a family member, roommate, mental health provider, police officer or probation officer to ask the court to order a seriously mentally ill person into outpatient treatment. The law only applies to a narrow subset of people—namely the mentally ill who have landed in jail or in hospitals, or who appear to be a danger to themselves or others, but who don’t qualify for a “5150,” which mandates a psych hold. Moreover, the court can issue such an order for treatment only after an extensive and multi-layered review process.

Los Angeles and Yolo Counties already have pilot programs. Orange County has adopted the whole thing, as has Nevada County, which was where the law originated.

San Francisco approved the provision last Tuesday.

If the LA supervisors approve the expansion of the Laura’s Law pilot,—as they are expected to do—the county is expected to do approximately 500 evaluations for the program per year (up from around 50 evaluations per year during the pilot period). The expanded program would allow for around 300 people to be enrolled in outpatient treatment any given time (up from 20), plus 60 crisis residential beds.

Some mental health advocates have been adamantly opposed to Laura’s Law maintaining that it not only violates the rights of the mentally ill, it also compromises any therapeutic relationship by forcing people into treatment.

However, a similar law enacted in New York in 1999, called Kendra’s law, featured few of the feared problems and showed a range of improved outcomes for the mentally ill involved.

Some of the main supporters of Laura’s Law have been family members who say they need better tools to keep their loved ones out of jail, and off the street when they are too ill to realize they need treatment.

Supervisor Supervisor Michael Antonovich has been the board’s lead supporter for Laura’s Law.


NOW WHAT ABOUT MENTAL HEALTH DIVERSION?

The second important discussion at Tuesday’s meeting regarding mental health will be centered on a board-requested status report from District Attorney Jackie Lacey, in which she is expected to present recommendations for “the next interim steps to be taken for mental health diversion in Los Angeles County.”

Although most of the board members seem to be, at least in general theory, for the notion of diverting some of LA County’s non-violent mentally ill away from the jails and into community treatment, the supes have been short on action on the matter. A couple of months ago, however, after voting to go ahead with a giant jail expansion plan, the board did pass a motion by Supervisor Mark Ridley-Thomas to ask DA Lacey to produce a 60-day progress report about what might be done with this whole diversion matter—hence Tuesday’s presentation. Yet, since the board has since showed no interest in factoring diversion into their calculations when ordering up a new jail, it was hard to view their commitment to the matter as full-throated.

Thus it was heartening when, on Monday, Long Beach Chief of Police and candidate for LA County Sheriff, Jim McDonnell, put out a strong policy statement supporting Lacey’s work and calling in no-nonsense terms for LA County to “fund and promote an effective network of treatment programs for the mentally ill which will provide them with the support, compassion and services they need to avoid our justice system.”

In other words, it’s time for a firm commitment by the county.

“Our Sheriff’s Department currently runs what amounts to the largest mental health institution in the nation,” wrote McDonnell, “yet our jails are not a place for those who are suffering from mental illness and who would be better served by community-based treatment options that can address the underlying problems, while still maintaining community safety. I applaud District Attorney Jackie Lacey for her leadership and her vision in developing a comprehensive plan for mental health diversion in Los Angeles County.

McDonnell also praised the recent report released by the ACLU and the Bazelon Center for Mental Health,—which provided research showing why diversion works far better for non-violent inmates, and outlined the success of diversion programs in Miami-Dade and San Francisco. (Note: The ACLU report has already drawn support from organizations and individuals such as Chairman of the LA Police Commission, Steve Soboroff.)

As for the nuts and bolts of how he would aid in getting a comprehensive diversion program funded if he is elected to head the sheriff’s department, McDonnell said that the position of sheriff offers the “influence and the ability” to help “create priorities in the county.” He also stressed that all funding need not come from the county alone, that he’d seek out other sources—noting that once those sources saw that formerly siloed groups like the sheriff’s department, the DA’s office and the board of supervisors were able to “talk to each other” and work “collaboratively and strategically” on the issue, funds were far more likely to be forthcoming.

“I think what we do here will be watched carefully by other jurisdictions across the state, and really across the country,” said McDonnell.

We think so too.

All the more reason to get going sooner rather than later.


PS: IF WE NEED ONE MORE REASON TO PUSH HARD AND SOON for a robust mental health diversion program, let us not forget that, in June, the U.S. Department of Justice found that Los Angeles County violates the constitutional rights of inmates by failing to provide adequate mental health care and appropriate suicide prevention policies in its jails. The DOJ also encouraged the county’s efforts to expand diversion programs for those inmates with mental illness.



AND WHILE WE’RE ON THE TOPIC: BRUTAL ATTACKS BY STAFF ON MENTALLY ILL INMATES IN NY’S RIKER’S ISLAND “COMMON OCCURRENCES”

As the LA County Board of Supervisors considers the above issues pertaining to LA County’s mentally ill, the results of a 4-month investigation into violence by staff against the mentally ill of Riker’s Island (the nation’s second largest jail) seemed perfectly—and painfully—timed to demonstrate the problem with using jails as default mental health facilities.

Here’s a clip from the opening of the alarming NY Times report, written by Michael Winerip and Michael Schwirtz:

After being arrested on a misdemeanor charge following a family dispute last year, Jose Bautista was unable to post $250 bail and ended up in a jail cell on Rikers Island.

A few days later, he tore his underwear, looped it around his neck and tried to hang himself from the cell’s highest bar. Four correction officers rushed in and cut him down. But instead of notifying medical personnel, they handcuffed Mr. Bautista, forced him to lie face down on the cell floor and began punching him with such force, according to New York City investigators, that he suffered a perforated bowel and needed emergency surgery.

Just a few weeks earlier, Andre Lane was locked in solitary confinement in a Rikers cellblock reserved for inmates with mental illnesses when he became angry at the guards for not giving him his dinner and splashed them with either water or urine. Correction officers handcuffed him to a gurney and transported him to a clinic examination room beyond the range of video cameras where, witnesses say, several guards beat him as members of the medical staff begged for them to stop. The next morning, the walls and cabinets of the examination room were still stained with Mr. Lane’s blood.

The assaults on Mr. Bautista and Mr. Lane were not isolated episodes. Brutal attacks by correction officers on inmates — particularly those with mental health issues — are common occurrences inside Rikers, the country’s second-largest jail, a four-month investigation by The New York Times found.

Reports of such abuses have seldom reached the outside world, even as alarm has grown this year over conditions at the sprawling jail complex. A dearth of whistle-blowers, coupled with the reluctance of the city’s Department of Correction to acknowledge the problem and the fact that guards are rarely punished, has kept the full extent of the violence hidden from public view.

But The Times uncovered details on scores of assaults through interviews with current and former inmates, correction officers and mental health clinicians at the jail, and by reviewing hundreds of pages of legal, investigative and jail records. Among the documents obtained by The Times was a secret internal study completed this year by the city’s Department of Health and Mental Hygiene, which handles medical care at Rikers, on violence by officers. The report helps lay bare the culture of brutality on the island and makes clear that it is inmates with mental illnesses who absorb the overwhelming brunt of the violence.

The study, which the health department refused to release under the state’s Freedom of Information Law, found that over an 11-month period last year, 129 inmates suffered “serious injuries” — ones beyond the capacity of doctors at the jail’s clinics to treat — in altercations with correction department staff members.

The report cataloged in exacting detail the severity of injuries suffered by inmates: fractures, wounds requiring stitches, head injuries and the like. But it also explored who the victims were. Most significantly, 77 percent of the seriously injured inmates had received a mental illness diagnosis….

Posted in 2014 election, Board of Supervisors, District Attorney, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, mental health, Mental Illness | 19 Comments »

Mystery Message in the Sky Over LASD Headquarters

July 10th, 2014 by Celeste Fremon


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

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

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

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

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

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

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

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

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

Or something like that.

That’s all we know at the moment.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 48 Comments »

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