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LA County Selected for 1st Round of MacArthur $75 Million Jail Reform Challenge (This is a Very Good Thing)….& Holding on to Humanity at Pelican Bay

May 28th, 2015 by Celeste Fremon



LA COUNTY ONE OF 20 SELECTED OUT OF 200 ENTRANTS IN $75 MILLION NATIONAL CHALLENGE TO REFORM U.S. JAILS

On Monday, Los Angeles County received news that it has been chosen as one of 20 jurisdictions in the nation that will take part in the MacArthur Foundation’s ambitious Safety and Justice Challenge, a $75 million initiative that hopes to “reduce over-incarceration by changing the way America thinks about and uses jails.”

This is very good news.

The 20 areas selected for this first phase of the challenge include New York City, New Orleans, LA, Pima County, AZ, Harris County, TX, Pennington County, SD, and the entire state of Connecticut. (Full list below.) The idea is for these cities and counties (and one state) to be mentored by the nation’s experts in such things through the process of creating and refining a plan to reform their respective jail systems.

Then in phase two of the Justice Challenge, the 20 jurisdictions, will be whittled down to ten. Those fortunate ten will receive a second round of mentoring plus funding of between $500,000 and $2 million annually to implement their respective plans for reform.

In other words, those who are part of the 20 are, by their participation, committed to a real, no-kidding substantive plan for jail reform, which will include strategies to reduce the jail system’s population and more. Then if they’re chosen to be one of the ten, they’re committed to implementing that plan, and will get an infusion of cash to better make that implementation possible.

(The 20 that were recently selected have jails systems that range in size from 239 beds in Mesa County to LA County’s 21,951 bed system, so for the second phase, the yearly funding for the remaining ten, will depend on the size of the jurisdiction’s jail system.)

According to MacArthur, the criminal justice organizations that will provide “technical assistance and counsel” to the 20 jurisdictions as they design and prepare their “comprehensive plans for local reform” are the Center for Court Innovation, the Institute for State and Local Governance at the City University of New York, the Justice Management Institute, Justice System Partners, the Pretrial Justice Institute, and the Vera Institute of Justice.

The Vera institute of Justice in particular, has been deeply involved in MacArthur’s jail reform initiative with two MacArthur-funded studies released this year that both illuminate problems in the nation’s jail systems and point toward the way toward solutions.

For instance, we learned from this month’s study by Vera that U.S. jails are draining a lot more dollars from our public coffers than most people think. And in February of this year, another Vera study, Incarceration’s Front Door: The Misuse of Jails in America, showed the ways that the nation’s jail policies can do harm.

Vera’s February study makes clear that jails serve an important function in local justice systems, both for short term incarceration, and to hold those charged with crimes who are either deemed too dangerous to release pending trial, or who are considered flight risks unlikely to turn up for trial.

Yet, according to what the study’s authors found, the above categories no longer represent what jails primarily do or whom they hold. Instead, Vera reported, three out of five people in jail are unconvicted of any crime, yet are simply too poor to post even a low bail in order to be released while their cases are being processed.

For instance, in 2013 in New York City, more than 50% of the jail inmates who were held until their cases were settled, stayed in jail solely because they couldn’t afford bail of $2,500 or less. Most of these inmates were arrested on misdemeanor cases.

All of this time spent in jail purely for fiscal reasons, the report states, has collateral consequences in terms of lost wages, lost jobs, loss of a place to live, and loss of time spent with spouses and children, producing further harm and destabilization of those incarcerated and, by extension, their families and communities.

Moreover, nearly 75 percent of both pretrial detainees and sentenced offenders are in jail for nonviolent traffic, property, drug, or public order offenses—some of which could be more successfully handled through diversion programs that utilize community based services. “Underlying the behavior that lands people in jail,” write the Vera authors, “there is often a history of substance abuse, mental illness, poverty, failure in school, and homelessness.”

(The report notes that, in Los Angeles County, they found that the single largest group booked into the jail system consisted of people charged with traffic and vehicular offenses.)

It is these problems and others that the Justice Challenge of which LA County is now a part hopes to help cure.

The fact that jails can do harm is, of course, a fact with which LA is very familiar, what with the scathing report on our jails delivered in September 2012 by the Citizen’s Commission on Jail Violence, the looming federal consent decree pertaining to the way the mentally ill are treated in LA’s jails, and the recent landmark settlement of “Rosas v. Baca,” the giant federal class action lawsuit brought by the So-Cal ACLU that has resulted in a court enforceable roadmap to correct the use of force policies inside the jail that led to a pattern of brutality by sheriffs deputies against inmates.

Back in February, when the challenge was first announced we spoke to one of the MacArthur people, and also to one of the Vera study authors, both of whom said they hoped very much that LA County—the home of the nation’s largest jail system—would be one of those jurisdictions that applied.

To its credit LA County—which, in this instance, means the Los Angeles Sheriff’s Departmentdid apply and, as we know now, was selected.

We look forward to hearing about LA’s strategy for reform of its massive system as that plan evolves.

And, of course, but we cannot help but hope that LA will be one of the final ten that get MacArthur bucks to put their stellar plans into action.

The full list of jurisdictions selected for the first round of Justice Challenge is as follows:

· Ada County, ID
· Charleston County, SC
· Cook County, IL
· Harris County, TX
· Los Angeles County, CA
· Lucas County, OH
· Mecklenburg County, NC
· Mesa County, CO
· Milwaukee County, WI
· Multnomah County, OR
· New Orleans, LA
· New York City, NY
· Palm Beach County, FL
· Pennington County, SD
· Philadelphia, PA
· Pima County, AZ
· St. Louis County, MO
· Shelby County, TN
· Spokane County, WA
· State of Connecticut


AND IN OTHER NEWS…..A USC DEAN OF SOCIAL WORK ENCOUNTERS MEN WORKING HARD TO HOLD ON TO HUMANITY IN CALIFORNIA’S PELICAN BAY PRISON

In the Chronicle of Social Change, Wendy Smith, an Associate Dean and Clinical Associate Professor at the University of Southern California’s School of Social Work has written an extraordinary story about her trip to Pelican Bay Prison to meet with men who were incarcerated for crimes they’d committed as teenagers.

Smith traveled to Pelican Bay with a group of lawyers, advocates, and law students with the purpose of talking to 250 of these inmates convicted as juveniles about California’s Senate Bill 260, a law passed and signed in 2013, which allows youth offenders given life sentences, the possibility of a new type of parole hearing at their 15th, 20th or 25th year of incarceration.

But the trip was much more than simply an imparting of information. In many instances, it was a walk back into humanity with men who were terrified that humanity was lost to them.

Here are some clips. But be sure to read the whole thing. It’s more than worth it.

During the small groups, we learned that some men had not been to the visiting room to receive a visitor for a long time; some had never been there. Some had exchanged no conversation with anyone but another prisoner or a guard in months or years. During the groups, described in the evaluations by many as the best part of the workshops, some men spoke and asked questions readily; others did not speak at all.

In the insight groups, some struggled with the distinction between excuses and explanations of crime, wondering if there was one. We spoke of examining and reflecting on the people and events in their early lives, and the environments in which they grew up as steps along the road that led to the crime and to where they are now.

Several men recognized aloud that they did not know how to begin this work. They wondered if there could be someone to ask the questions that could help them see into their own lives, to see the boy who was and the man who might yet be. Hope had entered the room, bringing with it fear and worry about how to make a turn from habitual ways of feeling and being, and especially, how to conceive of such a turn without help.

And then here’s a section from her meeting with men in solitary:

I told them that their crime was not the total of the person they were, and asked them to try to remember the very first illegal act they ever committed. In a moment or two, they all did. Most told me they were eight, nine, 10, or 11 at the time. A few were five or six, and a few were teenagers. All were old enough to remember a self that existed before that first act. I asked them to remember the boys they were before the crime.

We talked about how to begin to remember and piece together what happened after that, trying to dig deep to include the many steps along the road to the moment of a crime, and the decisions they made at the time and since. We acknowledged together the difficulty and shame of thinking and talking about their crimes.

In the SHU, as in the general population the day before, many men told me that they wished there were someone they could speak with on a regular basis to be able to do this work—they could not imagine how they would be able to do it. Some believed their inability to put things into words would make it impossible, now and at any parole hearing in the future.

Our conversations were brief and constantly interrupted by movement – our own as we rotated among the groups, and those of the guards and inmates, as bathroom trips and meal and water deliveries were made, as men were taken back to their cells and new groups of men were brought in.

Somehow, amid the locking and unlocking of cells and cuffs, and the congestion in narrow halls crowded with our group and guards, conversations continued. It became clear that for many of these men, we were the first people other than prison personnel or other inmates that they had spoken with in years. Some were nevertheless able to engage with little apparent difficulty, asking questions, enjoying the opportunity to interact with us.

For others, speech came slowly or not at all, and for some, even eye contact was too much to manage. These men spend all their time alone, in their cells or in the exercise area. The solitude of their confinement is absolute. Many had been there for five or ten years. Some had been there 20 years or more.

One man had spent the previous four months “debriefing,” telling what he knew about the gang life he had decided to renounce. Debriefing is the primary avenue by which inmates can obtain transfer out of solitary confinement. It is dangerous, as gang members often retaliate when someone leaves.

Those who debrief must be isolated from other inmates and their locations kept secret. For this reason, each of us met individually with this man in a separate visiting corridor. It was a relief to have the relative quiet of this space and a full twenty minutes in which my focus could be undivided.

He had been incarcerated at 17, already the father of two very young children. Now he is 41 and a grandfather. We spoke little about his crimes—he lived the gang life both before and during his imprisonment—but rather about the rocky course of his marriage over many years and how his wife helped him to get sober and to find the religious faith that strengthened his will to leave the gang life.

His eyes filled as he described his hopes for the future and his pain over how he had lived his life. Only lately had he begun to understand the impact of events of his early life: the loss of his baby brother, his mother’s wild grief that led her to cruelly abuse him, habitually pouring scalding water over his hands and body.

We wept together. There was much more he needed to say, but already the next advocate was waiting to meet and speak with him, and another group of inmates waited around the corner for me. It was awful to leave him with only the hope that he had found comfort in the humanity of those few shared moments….

Posted in ACLU, juvenile justice, LA County Jail, LASD, Los Angeles County, LWOP Kids, prison, prison policy | No Comments »

Updates & Early Legal Challenges in the Tanaka/Carey Indictment Drama….A Call for “Smart Justice” for LA County….a New Brand of Advice for Next Generation Cops…the Death of Officer Kerrie Orozco

May 26th, 2015 by Celeste Fremon

FIRST STEPS TOWARD TRIAL FOR TANAKA AND CAREY

On Friday, May 29, the first “status hearing” is scheduled in the obstruction of justice trial of Paul Tanaka, the former undersheriff of the LA County Sheriff’s department, and Tom Carey, the former head of the department’s internal criminal investigative bureau (ICIB).

Judge Percy Anderson will be presiding. Originally the trial was assigned to Judge S.James Otero but, as many involved had predicted, Anderson managed to snatch the high profile case from Otero and move it into his courtroom. Percy Anderson, for those who don’t remember, was the judge on both of James Sexton’s trials and that of the other six former LASD members convicted of obstruction of justice.

Tanaka’s legal team was not thrilled with the judicial switch, likely because some on the defense teams from the last trials thought Anderson had pro prosecution leanings. As a consequence, the Tanaka team filed a motion “to Return Case to Randomly Assigned District Judge Based Upon Improper Transfer.”

Anderson, however, denied the motion with vigor mere hours after it was filed.The issues raised in Tanaka’s Motion are so devoid of merit that no further briefing is required,” he wrote.

And that was that.

(Anderson is not a mincer of words.)

One of the other issues that was to have been heard on Friday was a request for a “judicial inquiry” regarding possible conflicts of interest due to the fact that Carey was being represented by Thomas O’Brian and other members of the Paul Hastings law firm.

it’s easy to see why Carey chose O’Brien. He held the post of U.S. Attorney just before Andre Birotte, which means he knows the workings of that office inside and out. (Andre Birotte is the U.S. Attorney who presided over most of the investigations and charges that are now playing out. Birotte has since gone on to a federal judgeship, and was replaced by Acting U.S. Attorney Stephanie Yonekura, the woman who unveiled Tanaka and Carey’s charges.) The potential conflict that the government has flagged is the fact that O’Brien represented LASD deputy James Sexton, one of the seven who was previously convicted of charges similar to those recently slapped on Tanaka and Carey. Moreover the attorney is still representing Sexton for his appeal to the 9th Circuit. The prosecution also noted, in their lengthy request, that some of Carey’s perjury charges had to do with questions he was asked by O’Brien when Carey was the witness stand for the defense during one or both of Sexton’s two trials.

The prosecutors made a strong argument in their request for an inquiry, with plenty of case law cited. Not too long after the prosecution filed its request, O’Brien and company withdrew as counsel for Carey.

A trial date is expected to be set at the hearing on Friday.

In the meantime, in an email that went out to the members of the Professional Peace Officers Association (PPOA), the union’s leadership urged department members who wished to support Carey to give to his family via a special website that had been set up by PPOA. There LASD members can also give to the families of any of the other six as well, thus getting around the prohibition, according to department rules, against any kind of contact with the six now that they had been convicted of felonies.

The message on the donations site reads in part:

SUPPORT FAMILIES OF THOSE CONVICTED FOR FOLLOWING ORDERS

Earlier this year, the Feds convicted 7 employees of the LASD for following the orders of their bosses. Regardless of their guilt or innocence, they and their families are facing difficult times financially. Many are struggling to make their mortgage payments and to put food on the table to feed their children.

“One thing we do well in law enforcement is support each other in times of need.” said PPOA President Brian Moriguchi. “We realize just how difficult a job we do and the risks we face. Few can truly understand that. That is why we are like family and look out for one another. The families of these convicted employees are paying the price for what was really a pissing match between two law enforcement agencies.”

Paul Tanaka’s name, however, is notably absent from the donations site, presumably because he was allegedly one of the “bosses,” whose orders the others were following.


A CALL FOR “SMART JUSTICE”

While some of California’s other counties have embraced the challenge and opportunity of realignment to create programs and strategies that both help and monitor inmates when they finish their incarceration terms and begin to attempt integrate back into their individual communities, LA County has lagged behind.

On Sunday, the LA Times editorial board urged LA County to dispense with its lagging and to start practicing “smart justice.”

Here’s a clip from the story::

Counties are working to find the best ways to provide housing, healthcare and employment, to serve not only nonviolent offenders but their victims, their families and their neighborhoods. There have been many successes and many lessons to learn.

If only Los Angeles County would learn them. The state’s (by far) largest county ought to be a leader in smart and effective justice, but as other counties have spent their state realignment dollars on programs intended to reduce recidivism, L.A. County has only dabbled in such initiatives and instead spends most of its realignment money on old-school law enforcement, monitoring and punishment.


“BE GUARDIANS NOT WARRIORS” SAYS HEAD OF JOHN JAY’S POLICE STUDIES PROGRAM TO HIS WOULD-BE LAW ENFORCEMENT OFFICERS

NPR’S Robert Siegel visited John Jay College of Criminal Justice on the west side of Manhattan, and observed veteran police officer Professor John DeCarlo, who coordinates the highly respected police studies program at John Jay, as DeCarlo encouraged his next-generation law enforcement students to become “guardians” more than “warriors.”

Here’s a clip from the transcript:

SIEGEL: John DeCarlo spent 34 years as a police officer and later a police chief in Connecticut. Then he got his PhD and made the switch to teaching at John Jay. In light of this year’s stories about policing, I asked him if he talks with his students about how they as future law enforcement officers should manage their encounters with civilians, including the fear that they might feel at such moments.

DECARLO: We have not only talked about the fear that one feels at that point and the reaction that an officer might have, but we also talked about how certain people will be predisposed to different reactions, and it is incumbent upon police leaders to really increase the efficacy of police selection processes so that we do not put people on the job who would be bullies.

SIEGEL: And do you feel those people can be identified before they become police officers or early on in their police careers? How do you do that?

DECARLO: I do. You know, right now, when police officers come on, you know, we send them to an academy that is very militaristic. We are looking, very often, for big people. Women are underrepresented wildly, and we know that women are much better at talking their way out of bad situations than big guys. Right now we give cops a test called the MMPI-2, the Minnesota Multiphasic Personality Inventory. So we pretty much determine that they’re not psychopaths. I think that’s a low bar.

SIEGEL: In his senior seminar, DeCarlo comes off as a born teacher.

DECARLO: Good morning. We are going to talk a little bit about – Tyric (ph), how are you? – where police have gone and where we want them to go.

SIEGEL: He is dynamic, commanding attention, knowing his students, working the seminar room rather than standing at the front. The seminar draws on ideas from, among other sources, Plato’s “Republic,” in which the police are the guardians and the principles of Sir Robert Peel, the founder of London’s police and namesake of London’s of bobbies, and President Obama’s 21st-Century Task Force on Policing. John DeCarlo is a strong supporter of community policing. He leads his students through a Socratic dialogue inspired by an article about the shift in our view of police from guardians to warriors….


THE HEARTBREAKING DEATH OF OMAHA POLICE OFFICER KERRIE OROZCO

It is always heartbreak-producing when a law enforcement officer is killed. But the fatal shooting of 29-year-old Omaha officer Kerrie Orozco in an exchange of gunfire with a fugitive is elliciting an unusual amount of grief in the city she was devoted to protecting and serving.

Here’s a clip from a very personal Fox News story about Orozco and the response to her death.

As the family of Kerrie Orozco grieved for the 29-year-old, seven-year veteran following her death Wednesday in a shootout with a fugitive, the city’s flags flew at half-staff, the police department rallied behing the simple phrase “Kerrie On,” and donations poured in for Olivia Ruth, the baby Orozco had just given birth to prematurely. Orozco was working her last shift before going on maternity leave to be with her baby when a criminal’s bullet struck her just above the bulletproof vest that might have saved her life.

“She was so excited to be a mother,” her aunt Laurie McNeil told FoxNews.com Friday.

Olivia was born premature Feb. 17. Orozco was set to bring her home from the hospital Thursday and go on maternity leave. Wednesday’s tragic events changed all that.

“She had the bassinet all set up by the side of the bed,” McNeil said. “She just wanted to be ready.”

Orozco was part of a fugitive task force searching for convicted felon Marcus Wheeler. He was being sought for an earlier Omaha shooting. As they closed in on the suspect Wednesday afternoon, Wheeler, 26, opened fire.

Police said one of his bullets struck Orozco in the chest and exited her back. An inch lower and it would have struck her in her bullet-proof vest.

McNeil told FoxNews.com she had a bad feeling when she looked at her phone Wednesday and saw a breaking news flash reporting an Omaha police officer had been shot.

“I immediately turned on the Internet and started watching,” the aunt said, choking back tears. “I was hoping to see her walk across the screen.”

As her deepest fears grew, McNeil sent Orozco a text asking, “Are you Ok?” She tried calling. She didn’t get an answer.

Read the rest. It’s worth it.

Posted in FBI, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Los Angeles County, Paul Tanaka, Realignment, Reentry, U.S. Attorney | 55 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 »

Oakland School Board May Vote Wed. to End “Willful Defiance”…. LA County Supes Toss ICE Agents Out of Jail (Mostly)…More Reasons to Like Body Cameras

May 13th, 2015 by Celeste Fremon



On Wednesday afternoon, May 13, the Oakland Unified School District board
is planning to vote on whether or not to eliminate all “willful defiance” suspensions and involuntary transfers by July 1, 2016.

Representatives of a coalition of organizations that are pushing for the vote—including Public Counsel, the Black Organizing Project, the ACLU of Northern California, and others—have commended the district for making “great strides” by instituting changes in its discipline policy that have decreased school suspensions by 50% in the last 2 years.

But in a statement issued Tuesday, the group pointed out that African-American students continue to be removed from school at “extremely disproportionate rates,” particularly for “disruption and willful defiance.” (Although African American students made up 28% of the students enrolled in OUSD, in 2013-14, they accounted for more than half of the students suspended for “disruption and willful defiance.”)

Willful defiance, as you may remember, is the nearly infinitely expandable category that means kids can be tossed out of school for such minor misbehaviors as talking back, failing to have school materials, forgetting to turn off a cell phone, and dress code violations.

Los Angeles Unified School District, which is the largest district in the state, and the second largest in the nation, banned willful defiance as a cause for suspension in May of 2013.

Then in September 2014, Governor Jerry Brown signed into law AB 420, a bill that eliminated all expulsions for the catch-all category, and banned its use for suspensions in grades K-3.

The law made California the first state in the nation to put such limits on the use of willful defiance.

In a November 2013 policy statement, the American Academy of Pediatrics said that “out-of-school suspension and expulsion are counterproductive to the intended goals, rarely if ever are necessary, and should not be considered as appropriate discipline in any but the most extreme and dangerous circumstances…”

We’ll let you know how the vote turns out.


UPDATE: Oakland did indeed vote unanimously to eliminate willful defiance as a reason to suspend any student and to invest at least $2.3 million to expand restorative justice practices in its schools. Good job, Oakland!


MEANWHILE, BACK IN LA COUNTY, SUPES VOTE TO END PROGRAM THAT TURNS LASD DEPUTIES INTO ICE AGENTS

At Tuesday’s board meeting, in a 3-2 vote, the LA county Supervisors voted to dump a long-controversial immigration-related program, which former sheriff Lee Baca had been notoriously loath to relinquish, many thought, because of the extra funding it brought in from the feds.

KPCC’s Leslie Berestein Rojas has more on the story. Here’s a clip:

The Los Angeles County Board of Supervisors voted Tuesday afternoon to discontinue the immigration enforcement program known as 287(g), which since 2005 has allowed trained deputies to act as immigration agents in county jails.

Supervisors Hilda Solis, Mark Ridley-Thomas and Shiela Kuehl voted in favor of the motion to scrap the program, a voluntary partnership with the Department of Homeland Security.

Under 287(g), sheriff’s deputies trained by U.S. Immigration and Customs Enforcement were tasked with questioning jail inmates about their immigration status, and notifying federal agents.

The board meeting was packed with activists for and against discontinuing 287(g), with dozens of people stepping up to comment before the vote took place. Those against the program said it exacerbated deportations and separated families; those in favor of keeping the program argued that it promoted public safety.

The vote was taken after nearly three hours of impassioned public comment, most of it by community members with personal stories to tell about how 287(g) had affected their lives.

But while the supes closed one door to ICE, they opened another with an agreement to cooperate with a new federal program known as the Priority Enforcement Program, or PEP, which replaces the unpopular Secure Communities, and which allows ICE to be invited inside the jails in certain instances, theoretically when inmates who have convicted more serious crimes are deemed deportable.

Supervisor Sheila Kuehl voted against the PEP agreement.


CIVIL RIGHTS ATTORNEY HAS MORE ON WHY HE BELIEVES POLICE BODY CAMS WILL BE GREAT FOR COPS AND COMMUNITIES

Oakland police have seen use of force incidents cut in half since their employment of police body cams, and the number of complaints against police have tumbled as well, writes civil rights attorney James S. Muller in an Op Ed for the LA Times, about what he has concluded regarding the need for body cameras based on his years of suing police in court.

Here’s a clip from the opening:

Across the table from me, about to be deposed in a case of alleged LAPD excessive force, sat a young police officer. For once, I thought, I was facing a cop who might help my case. She clearly wasn’t accustomed to this. I could read in her face a combination of anger and disgust. Maybe, I thought, just maybe, she would tell the truth.

It was an especially egregious case. An elderly woman had been thrown down the steps by an officer pursuing a suspect. The woman suffered a devastating compound fracture of her leg; she wouldn’t walk again. It was avoidable, bad policing, and I hoped the officer who had witnessed it might not feel bound by the cop code of silence.

As it turns out, I was wrong. That deposition would be one more in the long history of the refusal of police to be honest about excessive force, a history that those of us who do civil rights work know all about but that the general public has only begun to understand as videos of bad policing come to light.

The practice of police videotaping is both part of the solution for excessive force and evidence of how routinely officers have lied about it with impunity. Results from police departments using body cameras demonstrate these effects.

Read on.

Posted in Education, LA County Board of Supervisors, LA County Jail, LAPD, LASD, School to Prison Pipeline, Willful defiance, Zero Tolerance and School Discipline | 2 Comments »

Public Access to LA County Files, Hiring Former Offenders, Trauma’s Effect on Infants, Ending ICE Contract in LA Jails

May 12th, 2015 by Taylor Walker

LA COUNTY’S NEW, EASY-TO-USE OPEN DATA WEBSITE

Late last week, LA County launched an “open data” website for public access to county records on crime statistics, budget expenditures, and more.

In the county employee salary section, there is a handy graph sorted by employees’ highest total compensation in 2013, which includes overtime and leave pay. When you go over and look for yourself, glance down at the third-highest paid person on the list. If you scroll down further, you’ll find some other interesting names.

The move by Interim Chief Executive Officer Sachi A. Hamai is a welcome and refreshing departure from the previous administration.

Hamai called the move “a tangible milestone in the county’s determination to provide new levels of transparency and accountability…”

In January, the LA County Board of Supervisors approved the open data initiative authored by Supe. Mark Ridley-Thomas.


LA COUNTY CONSIDERS GIVING BUSINESSES $$ TO HIRE PREVIOUSLY INCARCERATED PEOPLE

The LA County Board of Supervisors is expected to vote Tuesday, on Supe. Hilda Solis’ motion to incentivize hiring former offenders.

Supe. Don Knabe co-sponsored the bill that would give money to certain businesses for hiring formerly incarcerated people, who face significant hurdles to employment when re-entering their communities and for many years afterward.

KPCC’s Rina Palta has the story. Here’s how it opens:

It took a year for Dayvon Williams to find a job after he left jail in 2009 and it wasn’t a very good one. He got a data entry gig that paid under the table.

“I had a temporary job, then another, then another,” he said.

Filling out application after application, checking “yes” when asked if he’d been convicted of a crime felt useless.

“I always felt like I never had a chance, they were just throwing away my application,” he said.

Employers are often reluctant to hire the formerly incarcerated, according to Los Angeles County Supervisor Hilda Solis. She’s proposing using the county’s contracting process to give employers an incentive to hire the formerly incarcerated.

“The county gives out millions and millions of dollars in opportunities for different types of services,” she said, everything from food services to landscaping. Solis said the county could give a leg up to bids from contractors who employ people coming out of jail or prison.


WHAT TRAUMA DOES TO INFANTS

In an op-ed for the Chronicle of Social Change, Toni Heineman sheds light on how trauma affects babies brains and development, how it manifests in their behaviors, and what one intuitive mother did to help her foster baby begin to heal.

(Toni Heineman is the head of A Home Within, which matches volunteer therapists with current or former foster youths.)

Here’s a clip:

Experiences teach the brain what to expect and how to respond. When experiences are traumatic, the pathways getting the most use are those responding to the trauma, and that reduces the formation of other pathways needed for adaptive behavior and learning. Trauma in early childhood can result in stress and anxiety, speech and language delays, and impaired emotional regulation.

Infants who experience trauma often become withdrawn or distressed, as they develop a sense that the external environment, including their caretakers, is unable to provide security and relief. As a result, their responses can be unpredictable: crying when held, content when alone for hours.

They will stop sending signals or send disorganized messages because they don’t know which cry or look will get adults to give them what they need. And when inconsistency becomes a defining feature of their experience, infants become confused and overwhelmed.

Healthy infants gain confidence that their caregivers will help them manage periods of discomfort or distress, and are progressively more able to cope with these states in a consistent and predictable way. But when caregivers are emotionally absent, inconsistent, violent, or neglectful, infants often respond by becoming withdrawn or distressed and can develop a sense that the external environment, including caretakers, are unable to provide relief.

As a result, they experience excessive anxiety, anger and frustration, and unfulfilled longings to be taken care of. These feelings may become so extreme as to cause dissociative states.

Most fundamentally, trauma refers to an event that overwhelms the child’s capacity to integrate it. This means that children can’t comprehend traumatic events, that they don’t understand what has happened to them. We often talk about traumatized children being “flooded” with feelings. It’s not just that their emotions feel too big to manage, but that the feelings seem to come from nowhere and without warning.


LA COUNTY MAY END CONTROVERSIAL JAIL CONTRACT WITH FEDERAL IMMIGRATION AND CUSTOMS ENFORCEMENT

For the last twenty years, an agreement between LA County and US Immigration and Customs Enforcement embedded federal immigration agents in LA’s jails to identify inmates to deport.

Opponents say that under the agreement, the majority of inmates selected for deportation had not been convicted of a serious felony. Most counties across the nation have voided this agreement. LA is the last participating county in California.

The LA County Board of Supervisors will likely vote Tuesday on a motion co-sponsored by Supes. Hilda Solis and Mark Ridley-Thomas to end the ICE program.

LA renewed the ICE contract as recently as last October, around the same time that Riverside and Orange County chose to terminate their agreements, and a few short weeks before a new sheriff would step in.

LA Sheriff Jim McDonnell said of the upcoming immigration enforcement program decision, “I welcome the opportunity to work with local, state and federal leaders as we develop policies and procedures that appropriately balance both promoting public safety and fortifying trust within the multiethnic communities that make up Los Angeles County.”

Before McDonnell, former Sheriff Lee Baca had a much different stance on immigration, participating for years in the costly Secure Communities program, which kept undocumented immigrants locked in county jails for 20 days, instead of the federally required 48 hours. And in 2012, Baca said that if CA governor Jerry Brown signed the TRUST Act, the sheriff’s department would not enforce it.

The LA Times’ Kate Linthicum has more on the issue. Here’s a clip:

The county entered into the agreement with U.S. Immigration and Customs Enforcement a decade ago. Along with placing immigration agents inside Twin Towers jail, the program trains certain jail employees to act as immigration agents to investigate whether inmates convicted of certain crimes are in the country illegally.

Supporters of the program say it is an essential tool to help identify deportable criminals who pose risks to the community. “It ensures that the dangerous folks who are incarcerated in our jails who are undocumented are promptly identified,” said Andrew Veis, a spokesman for Knabe.

Opponents say it results in racial profiling and has landed scores of immigrants who don’t have serious criminal records in deportation proceedings.

The number of law enforcement jurisdictions participating in 287(g) has fallen from 75 to 35 in recent years, according to ICE data, as municipalities across the country rethink their cooperation with federal immigration officials. Los Angeles and Orange are the only two counties in California that still participate in the program.

Posted in Foster Care, immigration, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD | 2 Comments »

Will Barry Bonds 9th Circuit Ruling Affect LASD “Pandora’s Box” Appeals?….(& Further Indictments?)

April 23rd, 2015 by Celeste Fremon



OBSTRUCTION NOT ALWAYS SO OBSTRUCTIVE AFTER ALL

On Wednesday, the 9th Circuit Court of Appeals, ruling en banc, overturned former San Francisco Giant Barry Bonds’ felony conviction for obstruction of justice, also forbidding the feds to retry Bonds on the same count.

Last year, a three-judge panel of the 9th didn’t give Bonds a reversal, so his attorneys petitioned for an en banc rehearing—meaning they wanted the whole court. Bonds and his lawyers got it, and the new ruling—as we learned on Wednesday—went in a very different direction.

The court found, in a 10 to 1 decision, that Bonds’ meandering obfuscation in answer to the one of the prosecutors’ questions did not “materially” get in the way of the government’s investigation into the illegal distribution of steroids. In other words, the baseball star’s dodging of a question he didn’t want to answer wasn’t all that, you know, obstruct-y.

Moreover, Judge Alex Kozinski, who wrote a concurring opinion, seemed to be chiding the prosecutors for stretching the definition of obstruction the point that, the judge suggested, practically anyone in the vicinity of a federal investigation could get charged.

For instance, here’s a clip from Kozinski’s opinion:

Because the [obstruction of justice] statute sweeps so broadly, due process calls for prudential limitations on the government’s power to prosecute under it. Such a limitation already exists in our case law interpreting section 1503: the requirement of materiality. Materiality screens out many of the statute’s troubling applications by limiting convictions to those situations where an act “has a natural tendency to influence, or was capable of influencing, the decision of the decisionmaking body.” Put another way, the government must prove beyond a reasonable doubt that the charged conduct was capable of influencing a decisionmaking person or entity — for example, by causing it to cease its investigation, pursue different avenues of inquiry or reach a different outcome.

And there’s this:

We have no doubt that United States Attorneys and their Assistants would use the power to prosecute for such crimes judiciously, but that is not the point. Making everyone who participates in our justice system a potential criminal defendant for conduct that is nothing more than the ordinary tug and pull of litigation risks chilling zealous advocacy. It also gives prosecutors the immense and unreviewable power to reward friends and punish enemies by prosecuting the latter and giving the former a pass.


SO-O-O-OOO… DOES THE BONDS RULING IN ANY WAY AFFECT THE 7 PANDORA’S BOX OBSTRUCTION OF JUSTICE CASES THAT ARE GOING TO BE HEARD BY THE 9TH CIRCUIT IN THE FALL?

This is the question that we understand is being tossed around by some of the various defense attorneys representing each of the seven former members of the Los Angeles Sheriff’s Department convicted of obstruction of justice around the hiding of federal informant Anthony Brown.

On the surface we would imagine that the actions of the six former LASD folks convicted last summer, and those of former LA County Sheriff’s deputy James Sexton convicted in the fall, are quite different from the on-the-stand phumphering of Barry Bonds. On the other hand, if the 9th is feeling less-than-friendly toward prosecutors’ use of obstruction as a charge in general, suggesting—as Kozinski seems to do in some of the verbiage above—that the feds are overreaching with their use of the statute, will their cranky view extend far enough to cause any of the seven convictions to be similarly overturned?

And if that is any kind of possibility, could it also cause the feds to hold their collective fire on any new indictments that we keep hearing rumored could be coming this spring?

(cough) Tom Carey and Paul Tanaka (cough, cough)

We don’t pretend to know the answers to any of these queries, but we thought you’d like to know that the questions are, in certain quarters, in the air.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, The Feds, U.S. Attorney | 20 Comments »

Judge Gives Final Stamp of Approval for ACLU Legal Settlement Prompting Jail Oversight After 2009 Jail Beating Victim Tells Story

April 22nd, 2015 by Celeste Fremon


There was no real question as to whether U.S. District Judge Dean Pregerson
would give his final approval to the settlement of the massive lawsuit brought by the ACLU—Rosas v. Baca—which was approved by the LA County Board of Supervisors at the end of last year, and means the behavior of LA County Sheriff’s deputies and others working inside the LA County jails is now subject to monitoring by a trio of outside experts.

But the 10:30 AM hearing before Pregerson on Monday served as a reminder of how bad things have been in the nation’s largest jail system, in that it featured an appearance by Michael Holguin, a former inmate in Men’s Central Jail, who was one of the 70 Rosas victims or eyewitnesses who made declarations for the lawsuit.

Holguin—who is now 35, and works for a car auction company-–made his report to the ACLU after he was badly beaten in 2009 by several deputies, among them Fernando Luviano, who was also one of the 21 members of the Los Angeles Sheriff’s department who have thus far been indicted as part of the ongoing federal investigation into wrongdoing at the LASD.

(Specifically Luviano is part of a group of five deputies charged with assaulting various visitors to Men’s Central Jail, along with handcuffing the Austrian Consul General. Their case is scheduled to come to trial later this year, but you can read the indictment here.)

“The hearing was important because technically there was no final settlement without the court okaying it,” said So Cal ACLU legal director, Peter Eliasberg. But also, he said, having Holquin present was significant because “it was the first time that the court had ever heard from someone who was part of the lawsuit.”

Holguin has already won what is thought to be a decent sized sum of money in the settlement of a civil suit against the county that concluded in the fall of 2013. (He declines to disclose the amount of the settlement.)

When the incident in the jail took place he had been charged with having an illegal weapon—namely a cop baton—in a compartment on his motercycle.

According to his civil complaint, in October of 2009, Holguin and the other inmates of the 3500 unit of Men’s Central Jail, where Holguin was housed, had not been allowed showers for more than two weeks. “We had to bird-bath out of the sinks in our cells,” Holguin told me.

On October 18, however, along with others in his unit, he was finally let out of his cell for a shower. “It was odd cells one day, even cells the next day,” he said. But, after he was moved toward the shower area, at the last minute, Holguin was informed that he would not be allowed a shower after all. When Holguin asked why and protested that we wanted his scheduled shower, then-Deputy Fernando Luviano reportedly replied, “Turn around and I’ll tell you why.” At this point Holguin was handcuffed with his hands behind his back, then moved to a “nearby area,” where he was allegedly beaten severely, kicked, slammed repeatedly in the head and body with a hard object, presumably a flashlight, while the deputy said “stop resisting,” over and over, even long after he had been knocked to the ground.

“But I wasn’t struggling, except to kind of brace myself for the blows,” he said. “I was mostly trying to curl myself into a fetal position.”

At some point two other deputies reportedly joined in, spraying Hoguin with a long stream pepper spray. Then Luviano allegedly rubbed the spray in Holguin’s closed eyes.

According to the diagrammatic record made by LASD’s Medical Services [see above], Holguin suffered extensive cuts and bruising requiring seven staples in the center of his scalp, plus four stitches over his right eyebrow. His knee was deeply lacerated, his tibia was broken in two places requiring a “short leg cast.”

When he was returned to his cell after being released from the hospital, Hoguin was “placed on a 29-day loss of privileges” and reportedly “routinely denied” the use of a cane, wheelchair or crutch so that he could make his way around his cell and elsewhere without putting weight on his cast.

Eliasberg said Holguin’s presence was important at Monday’s hearing “because his complaint hits so many of the marks that are reflected in the settlement agreement drawn up by the experts that is now to be implemented.”

Holguin too hoped his presence had an affect. “I don’t normally like to take off work for anything,” he told me. “But when Peter asked me, I said yes, because I’d like to do anything I can to help him and the ACLU, They’ve helped me so much. So, if I can do something to show why the settlement agreement should go through the way it’s written, I wanted to do that.

“I know there’re a lot of great cops out there,” Holguin added. “I really do. But when you have people like I saw, it just ruins it for everybody. It’s not right.”

On Monday afternoon, Sheriff Jim McDonnell put out his own statement on the Rosas confirmation, which he called an “important agreement.”

“Today’s decision enables us to continue to move forward,” stated McDonnell. “From the time I served on the Citizens’ Commission on Jail Violence (“CCJV”) and saw firsthand the challenges facing our County’s jails and the concerns regarding how we house and treat those in our charge, I have been deeply committed to this process of change.”

McDonnell pointed to the “great strides” made in the custody division since the CCJV report issued. More work remains to be done, he wrote, but he was deeply committed to “implementing and institutionalizing meaningful and lasting change” that would “insure that our jails are a safe, humane and appropriate place for those we incarcerate. as well as the dedicated men and women who work there.”

May it be so.

Onward.


ABC-7′S MIRIAM HERNANDEZ ALSO HAS A REPORT ON THE HEARING…so check it out.

Posted in ACLU, Civil Rights, Jim McDonnell, LA County Jail, LASD | No Comments »

LA DA Jackie Lacey Chats Candidly With Community Experts Re: Mental Health Diversion

April 7th, 2015 by Celeste Fremon


MORE THAN THE USUAL SUSPECTS

Last Friday, Los Angeles District Attorney Jackie Lacey held a meeting with a line-up of mental health experts, community service providers, and local policy advocates to discuss how best to create a rigorous diversion system to keep LA County’s mentally ill out of the street-to-jail cycle that has been the rule in the county—a cycle that Lacey is determined to break.

With the DA was Nedra Jenkins, the executive director of Lacey’s mental health diversion task force.

According to those whom we spoke with, this particular meeting was refreshingly unique in that it didn’t feature the usual suspects, but instead was packed with those working the front lines with some of LA’s most troubled populations. Furthermore, many of those invited are known for saying what they think, particularly when it comes to public officials. Yet, most were reportedly pleasantly surprised at the forthright and candid exchange that took place between Lacey & co, and those experts from the community.

The event was organized by So Cal ACLU legal director, Peter Eliasberg, and, he too, was encouraged by the outcome.

“When some of us first proposed the idea,” said Eliasberg, “we originally were going to organize a town hall. But then we realized that it made sense to first have a meeting with the people who are really in the trenches on this stuff.

“And not only did the DA and Nedra Jenkins like the idea,” he said, “they didn’t look at it as just an opportunity to talk. They said, ‘We really want to listen and hear what these people have to say. We want to learn from them.’”

And the sentiments turned out to be more than lip service.

Lacey was at the meeting for more than two hours, Jenkins even longer. “And I’m quite sure she will be following up with everybody, either in smaller groups or individually. They want to build on this.”

Rev. Peter Laarman of Justice not Jails, had a similar take to that of Eliasberg. In a commentary he posted over the weekend, Laarman wrote that the meeting was “the kind of event that is highly unusual in Los Angeles County: a candid exchange of information and opinion between top leaders of a public agency and community stakeholders.”

Among the things the discussion revealed, wrote Laarman, was “how terribly broken the current ‘system’ for service delivery is: e.g., the separation of drug treatment from mental health treatment on account of bureaucratic silos, the mismatch between various programs related to housing, even the fact that while the LAPD brags about having specialist teams to deal with the mentally ill, those teams aren’t actually available 24-7: it appears that they work what we used to call ‘bankers’ hours.’”

Mark-Anthony Johnson from Dignity & Power Now noted that the mentally ill in LA County Jail are disproportionately African American.

Kim McGill, an organizer for the Youth Justice Coalition, talked about how conditions of confinement can exacerbate mental illness (an issue that is part of what may still result in a federal consent decree for LA County’s jail system).

Not everyone agreed. But the back and forth was respectful.

Afterward, Lacey too called the meeting very productive.

“I gained more insight into what will be needed in the futureee to provide a comprehensive diversion plan…” she said when we asked what she thought the exchanged accomplished. Lacey also said that “a significant impediment to progress is the lack of funding for supportive housing.” But some of those at the meeting, she said, came up with new ideas as to how the county might come up with the necessary dollars. “I look forward to continuing this discussion…”

Good idea. Go, Jackie!

Posted in District Attorney, LA County Jail, Los Angeles County, Mental Illness | 1 Comment »

LA Jail Settlement over Disabilities Law, Drunk CA Prison Guards with Guns, Recording Studio in Juvie Lock-up, and Gradual Reentry

March 24th, 2015 by Taylor Walker

US DISTRICT JUDGE OKAYS LA COUNTY SETTLEMENT OVER NONCOMPLIANCE WITH AMERICANS WITH DISABILITIES ACT

On Monday, U.S. District Court Judge Dean Pregerson gave the final approval for an LA Sheriff’s Department settlement of a federal class action lawsuit alleging jail conditions that violated the Americans with Disabilities Act.

Peter Johnson, the lead plaintiff in the lawsuit, was arrested for petty theft in 2007. Johnson was shot in the spine when he was fifteen, leaving him paralyzed from the chest down and wheelchair-bound. There were no accessible toilets in the inmate reception center, so for more than 8 hours while being booked into jail, Johnson had to sit in his own waste. Neither were there accessible drinking fountains. Jail officials took Johnson’s personal wheelchair and replaced it with a broken jail-issued wheelchair. The seat was falling out, and there were no foot rests, so Johnson’s feet dragged on the floor. And because there were no brakes, Johnson would fall onto the floor when he tried to move from the chair to the bed or toilet.

Although, the battle over the lawsuit raged for the last seven years, the suit has, nonetheless, stimulated the county to make recent major changes to jail facilities’ accessibility for inmates with mobility disabilities.

Sheriff Jim McDonnell told ABC7 on a recent jail visit, “You’ve got to provide a location that is humane. You’ve got to treat people as well as you can treat them. When you look at the environment we’re in–ADA compliance, all of those issues–these facilities were built before any of those rules were in place.”

Here’s a clip from the Disability Rights Legal Center’s announcement detailing the progress:

The settlement has already resulted in significant changes in the massive jail system, including the construction of wheelchair accessible toilets in the Inmate Reception Center, new housing for inmates with disabilities in the jail’s Twin Towers complex, nearly doubling the jail’s capacity to accommodate inmates with mobility impairments, and a new system to deliver working wheelchairs to inmates. The County has also agreed to provide equal access to employment, educational and vocational programs, offer physical therapy in the jail, appoint an ADA coordinator to address complaints from inmates or family members, and create a new ADA complaint system that will allow secondary review of wheelchair accommodations.

In a statement issued Wednesday night, the sheriff’s department said, “As exemplified by the settlement and its approval by the Court, the Los Angeles County Sheriff’s Department is committed to complying with the American’s with Disabilities Act, which includes housing mobility impaired inmates in accessible locations in the jails.”

Melinda Bird, Litigation Director for Disability Rights California, talked about the settlement as a “tribute to the persistence and courage of people like Mr. Johnson, who spoke out for the rights of people with disabilities…”

The ACLU SoCal’s Jessica Price said, “This settlement is a huge step in the right direction towards ensuring that inmates with mobility disabilities receive basic accommodations, but it is just the beginning. Now inmates, their family members, the Office of the Inspector General, and the lawyers must be vigilant to ensure these important protections are enforced.”


CDCR’S INSPECTOR GENERAL SEZ DEPT. NEEDS TO REVOKE CONCEALED CARRY PERMITS FOR DRUNKEN, GUN-WEILDING PRISON GUARDS

In a recent report, the California Department of Corrections and Rehabilitation’s Inspector General Robert Barton said many California prison guards are having trouble refraining from drunkenly brandishing their weapons in public, shooting them, and leaving them in their kids’ toy chests (yes, really).

This is the third time Barton has called on the CDCR to put a policy in place to revoke prison guards’ concealed carry permits when they are found to be carrying firearms while drunk.

The Associated Press’ Don Thompson has more on the issue. Here’s a clip:

“Such behavior is not only dangerous to the public but brings discredit to the department,” Inspector General Robert Barton wrote in a report that tracks departmental and criminal investigations of Department of Corrections and Rehabilitation employees…

It’s the third time Barton has made the recommendation in the last 18 months, but the department said in its response that it is still working on “a statewide, comprehensive policy to address the issues surrounding concealed weapons permits.”

Meanwhile, Barton said the incidents keep piling up:

— A correctional officer was found to have a handgun in his pants pocket when he was arrested for being drunk and urinating outside a business.

— An officer was arrested for child endangerment after he drunkenly left guns scattered around his house where his three children could find them, including a loaded firearm in a toy box…


RECORDING STUDIO AN EMOTIONAL OUTLET FOR KIDS IN SF JUVENILE LOCK-UP

The San Francisco Juvenile Probation Department and the nonprofit Sunset Youth Services have teamed up to bring music recording equipment to kids in juvenile detention.

Through the unique program, locked-up kids record their own songs using one of Sunset’s mobile recording studios. The non-profit’s record label, UpStar, is run by at-risk kids and young adults, and has recently expanded into SF’s Juvenile Justice Center. UpStar provides a therapeutic outlet for kids behind bars, as well as those on the outside, to work through their emotions and past traumas.

The San Francisco Examiner’s Laura Dudnick has more on the program. Here’s a clip:

Luis Recinos, director of the Juvenile Justice Center, said the partnership aligns with the center’s goal to give kids as many opportunities as possible while in custody. “Sometimes it takes a program such as this to spark something in them that changes the way that they want to live their lives,” Recinos said.

The recording equipment kept at the Juvenile Justice Center is one of Sunset Youth Services’ two mobile recording studios, which includes a portable sound booth and computer.

The mobile studios are also brought to San Francisco high schools for students to record music on their lunch breaks.
But professional-quality recording studios at the Sunset Youth Services center on Judah Street at 44th Avenue is where much of the music magic happens. There, in the brightly decorated facility, at-risk youths and young adults are offered hands-on experience recording, mixing, mastering, releasing, distributing and promoting their own music and videos.

Sunset Youth Services’ youth-run label UpStar Studios has even produced five albums that are annual compilations of the best work created by musically inclined, at-risk youths.

Through speaking with teens at the Sunset district center — many of whom are on probation — Dawn and Ron Stueckle, who co-founded what would become Sunset Youth Services in 1992, moved forward last year to bring the music to the juvenile inmates.

The program at juvenile hall allows inmates to use the recording equipment three days a week.

“Kids from different units on different days [gather] to record with staff,” Dawn Stueckle said. “What we’re doing right now is giving kids an opportunity to just write their own songs and learn the gear.”

Another male inmate at the Juvenile Justice Center, age 16, has been using the mobile recording studio since it arrived late last year. Before he was in custody, the youth first learned of Sunset Youth Services at age 14 through a friend.

“I grew up kind of troubled, but I always tried to make it better,” the Mission native said. “I didn’t find an outlet up until I came to Sunset Youth Services, where I could finally express all my anger.”

The 16-year-old participated in an internship at Sunset Youth Services before being hired as a studio technician, specializing in beat production.

His lyrics chronicle his personal experiences leading up to his life at the juvenile facility.
“Even tho I’m looked down my name is said thru all my fans / Shot at but never ran and I made another year / three bullets hit my body but I still ain’t got a fear.”

“We want the kids to make music they’re proud of ... but our goal is bigger than music,” Dawn Stueckle explained. “Music is the vehicle by which we can gain entry into their lives and begin to earn trust, and earn the right to journey with them and support them over the long haul.”


MERITS OF CAREFULLY LEADING OFFENDERS THROUGH GRADUAL REENTRY HOUSING AND EMPLOYMENT

Vox’ Mark Kleiman, Angela Hawken, and Ross Halperin have a lengthy, but worthwhile essay exploring graduated reentry services (incremental freedom through housing and employment) as a way to greatly reduce mass incarceration and the seemingly neverending cycle of recidivism.

Here’s a clip:

Start with housing. A substantial fraction of prison releasees go from a cellblock to living under a bridge: not a good way to start free life. Spend some of the money that would otherwise have financed a prison cell to rent a small, sparsely furnished efficiency apartment. In some ways, that apartment is still a cell and the offender still a prisoner. He can’t leave it or have visitors except as specifically permitted. The unit has cameras inside and is subject to search. But he doesn’t need guards, and doesn’t have to worry about prison gangs or inmate-on-inmate assault.

Drug testing and sanctions can avoid relapse to problem drug use; GPS monitoring can show where the re-entrant is all the time, which in turn makes it easy to know whether he’s at work when he’s supposed to be at work and at home when he’s supposed to be at home. This makes curfews enforceable and keeps him away from personal “no-go” zones (the street corner where he used to deal, the vicinity of his victim’s residence). GPS would also place him at the scene of any new crime he might commit, thus drastically reducing his chances of getting away with it and therefore his willingness to take the gamble.

The apartment functions as a prison without bars.

In some ways, it’s a fairly grim existence, especially at the beginning: the offender starts off under a strict curfew, allowed out only for work, job hunting, and necessary personal business (food shopping, medical care, service appointments), as well as to meet the correctional officer in charge of his supervision. And he’s required to work full-time at a public-service job, earning a little less than the minimum wage. On top of that, he has to spend time looking for an ordinary paying job (being supplied with appropriate clothing and some coaching in how to do a job search). He never touches money except for small change; he makes purchases as needed with an EBT or debit card, and only for approved items. The “no-cash” rule both makes it harder to buy drugs or a gun and reduces the benefits of criminal activity. Since he’s eating at home, he needs food, some minimal kitchen equipment, and perhaps some simple cooking lessons. (Whether groceries are delivered or whether he’s expected to shop for his own food right away is another detail to work out.)

Minor violations — staying out beyond curfew, using alcohol or other drugs, missing work or misbehaving at work, missing appointments — can be sanctioned by temporary tightening of restrictions, or even a couple of days back behind bars, in addition to slowing the offender’s progress toward liberty. Major violations — serious new offenses, attempts to avoid supervision by removing position-monitoring gear — lead to immediate termination from the program and return to prison. Not, on the whole, an easy life. But it’s much simpler than the challenge of a sudden transition from prison to the street.

Moreover, if you were to ask a prisoner who has now served two years of a five-year sentence (for drug dealing, say, or burglary), “Would you like to get out of prison right now and into the situation I just described?” the odds of his saying “Yes” would be excellent. And if he didn’t, his cellmate would. Indeed, entry to the program could be offered as a reward for good behavior in prison, improving matters for those still “inside” — and those guarding them — as well as those released.

And — this is the central point — the offender’s freedom increases over time, as long as he does what he’s supposed to do.

Posted in ACLU, CDCR, guns, Inspector General, LA County Jail, LASD | No Comments »

“Back on Track LA,” Sheriff and Doctor Duo Fight Trauma, How to Defend Kids Facing Life, and ending CA Prison Healthcare Oversight

March 12th, 2015 by Taylor Walker

NEW COLLABORATIVE LA COUNTY REENTRY PROGRAM SEEKS TO BE MODEL FOR NATION

On Wednesday, California Attorney General Kamala Harris, LA County Sheriff Jim McDonnell, and Probation Chief Jerry Powers announced the launch of “Back on Track LA,” an innovative recidivism reduction pilot program that has been launched as a collaborative effort between the LASD, Probation, the AG’s Office, the LA County Child Support Services Dept., several foundations, and schools.

Back on Track provides participating inmates with education and job training, cognitive behavior training, and life skills and customized re-entry coaching.

“Instead of only reacting to crime, we must also focus on prevention to shut the revolving door of the criminal justice system,” says AG Harris. “Back on Track LA will hold offenders accountable to their communities, their families and themselves. This initiative will give participants the skills to become contributing and law-abiding members of society, which enhances public safety.”

Both Harris and McDonnell stressed the urgent need for such a program in California’s various counties, especially Los Angeles.

“At this very moment, 20,000 individuals are incarcerated in the Los Angeles County Jails,” said Jim McDonnell. “Too many of those in our jail and justice system come from broken homes and challenging life circumstances.”

McDonnell listed some of the challenges that the program will need to address, like early childhood trauma and the fact that a high percentage of jail inmates finished school.

“Very few of those filling our jails today have the needed tools to give them a good shot,” he said.

Ninety non-violent, non-serious, and non-sexual offenders, who are now the county’s responsibility post-realignment, are enrolled in the pilot program, which began mid-February.

Once the initial 90 inmates are released from jail, they will receive transitional housing, help with employment, and continued mentoring the entire year after their release. In addition, the college credits they earn through the program during their incarceration can be transferred to any community college in the state.

In order to ensure that the program is actually working, researchers will be part of the process from the very beginning, tracking participants and their outcomes along the way and in the long-term, and measuring them against the outcomes of inmates not involved in the program.

The program is funded through a $750,000 grant through the US Department of Justice’s Second Chance Act (Back on Track was one of just four recipients nationwide), and grants from the California Wellness Foundation, the Rosenberg Foundation, and the Ford Foundation.

Back on Track is intended to become a model for California, and hopefully for the nation, McDonnell said on Wednesday:

“What we are announcing today is not merely an experiment. We know we have too many people in jail who can and should be contributing members of society. Many of those in jail regret the decisions of their youth that landed them where they are today.”

Such programs contribute to public safety, McDonnell said:

“It is tempting to believe that by being tough on criminals by depriving them of education and skills training, we are being tough on crime. But that’s simply not the case.

We can reduce crime by reducing criminals, and we can reduce criminals by giving people the skills they need to get Back On Track.”


A DOCTOR AND A SHERIFF JOIN FORCES TO TACKLE CHILDHOOD TRAUMA IN THEIR CITY NEIGHBORHOODS

Laura Starecheski has another excellent story for NPR about childhood trauma as a critical health issue. This latest story follows a doctor and a sheriff who join forces to combat childhood trauma in poverty-stricken, and high-crime areas in Gainesville, FL.

When the University of Florida’s Dr. Nancy Hardt, a pathologist and OB-GYN, and Alachua County Sheriff Sadie Darnell realized that their respective hotspot maps (Hardt’s a map of children born into poverty, and the sheriff’s a crime map) were nearly identical, the unlikely pair knew they had to take action.

Here are some clips from Starecheski’s story:

The research shows that kids who have tough childhoods — because of poverty, abuse, neglect, or witnessing domestic violence, for instance — are actually more likely to be sick when they grow up. They’re more likely to get diseases like asthma, diabetes and heart disease. And they tend to have shorter lives than people who haven’t experienced those difficult events as kids.

“I want to prevent what I’m seeing on the autopsy table,” Hardt says. “I’ve got to say, a lot of times, I’m standing there, going, ‘I don’t think this person had a very nice early childhood.’ ”

Back in 2008, Hardt was obsessing about this problem. She wanted to do something to intervene in the lives of vulnerable kids on a large scale, not just patient by patient.

So, by looking at Medicaid records, she made a map that showed exactly where Gainesville children were born into poverty. Block by block.

Right away she noticed something that surprised her: In the previous few years, in a 1-square-mile area in southwest Gainesville, as many as 450 babies were born to parents living below the poverty line.

It just didn’t make sense to her — that was an area she thought was all fancy developments and mansions.

So Hardt took her map of Gainesville, with the poverty “hotspot” marked in deep blue, and started showing it to people. She’d ask them, “What is this place? What’s going on over there?”

Eventually she brought the map to the CEO of her hospital, who told her she just had to show it to Alachua County’s sheriff, Sadie Darnell.

So Hardt did.

And, to Hardt’s surprise, Sheriff Darnell had a very interesting map of her own.

Darnell had a thermal map of high crime incidence. It showed that the highest concentration of crime in Gainesville was in a square-mile area that exactly overlaid Hardt’s poverty map.

“It was an amazing, ‘Aha’ moment,” says Darnell.

“We kind of blinked at each other,” Hardt says. “And — simultaneously — we said, ‘We’ve got to do something.’”

Read on.


INSTRUCTIONS FOR ENSURING KIDS FACING LIFE IN PRISON RECEIVES SPECIALIZED AND SKILLFUL DEFENSE

On Wednesday, the Campaign for Fair Sentencing of Youth released a set of guidelines for providing quality defense to kids facing life imprisonment.

Gabriella Celeste, Child Policy Director at Case Western Reserve University’s Schubert Center for Child Studies, explains why making sure these kids have skilled and thorough representation is so critical:

“Kids are kids. They don’t stop being kids just because our criminal justice system has deemed them ‘adults’ as a matter of legal fiction to justify placing them in the adult system. Our system forgets that kids are still growing, developing, and maturing. This is wrong. Worse yet, the harm caused to a young person cannot be overstated, both due to their unique developmental stage as an adolescent and the damage that results from children inevitably facing more years in prison than adults and being at greater risk for isolation, sexual assault, and other forms of violence and trauma. Having an informed advocate can make all the difference.”

The report calls for a defense team of at least four—an attorney with experience representing kids, an attorney who has represented defendants charged with homicide, an investigator, and mitigation specialist to discuss all possible contributing factors like trauma and poverty and to stress the ways kids’ and teenagers’ brains differ from those of adults. An interpreter should also be on the defense team, if needed.

The guidelines also say defense teams must regularly meet with and maintain open communication with the kids they are representing. Defense teams are also directed to advocate for their clients to be placed in juvenile facilities, and to make sure that those detention centers have proper education, mental health care, and rehabilitation services.

The guidelines are endorsed by dozens of advocate groups, including Gideon’s Promise, the Juvenile Law Center, the NAACP, the National Association for Criminal Defense Lawyers, and the National Juvenile Defender Center.

Here are some clips from the report:

The representation of children in adult court facing a possible life sentence is a highly specialized area of legal practice, therefore these guidelines address the unique considerations specific to the provision of a zealous trial defense. These guidelines set forth the roles and responsibilities of the defense team for the duration of a trial proceeding and outline child-specific considerations relevant to pre-trial, trial, and sentencing representation. Direct appeal and collateral review are not explicitly addressed in these guidelines.

These guidelines are premised on the following foundational principles:

- children are constitutionally and developmentally different from adults;

- children, by reason of their physical and mental immaturity, need special safeguards and
care;

- children must not be defined by a single act;

- juvenile life defense is a highly specialized legal practice, encompassing the representation
of children in adult court as well as the investigation and presentation of mitigation;

- juvenile life defense requires a qualified team trained in adolescent development;

- juvenile life defense requires communicating with clients in a trauma-informed, culturally
competent, developmentally and age-appropriate manner…

- juvenile life defense counsel must litigate to ensure a meaningful individualized sentencing
determination, in which defense counsel is able to fully and effectively present mitigation
to the court.

[SNIP]

The mitigation specialist must investigate and develop a social, psychological, and genealogical history of the child client for purposes of presenting mitigating evidence at sentencing. The mitigation specialist also should work with the child client and his or her caretaker(s) to develop a reentry plan to present at sentencing.

Mitigation evidence includes, but is not limited to: the ability to make a positive adjustment to incarceration; the realities of incarceration; capacity for redemption; remorse; vulnerabilities related to mental or physical health; explanations of patterns of behavior; negation of aggravating evidence regardless of its designation as an aggravating factor; positive acts or qualities; responsible conduct in other areas of life (e.g., employment, education, as a family member, etc.); any evidence bearing on the degree of moral culpability; mercy; and any other reason for a sentence other than life…


FED. JUDGE BEGINS PROCESS TO GIVE CONTROL OF STATE PRISON HEALTHCARE BACK TO CALIFORNIA

On Tuesday, U.S. District Court Judge Thelton Henderson revealed a plan to end nearly a decade of federal oversight of healthcare in California’s prison system.

When Judge Henderson initiated the oversight, he said the conditions inmates were living under constituted cruel and unusual punishment: California prisons were averaging one easily preventable inmate death per week due to medical neglect.

(Henderson is also part of the three-judge panel forcing California to bring the prison population down…or else.)

The federal receiver overseeing healthcare in California’s prisons, Clark Kelso, says the situation is much better now: there are more medical staff members, the budget has doubled, and there are 40,000 fewer prisoners. But there are still cracks to be filled in.

Here’s a clip from a blended AP/Sacramento Bee story on the issue:

To address the issues, California over the last decade has:

Spent $2 billion on new medical facilities for prisons;

Doubled its annual budget for prison health care to about $1.7 billion; and

Reduced its prison population by more than 40,000 inmates.

According to a report by court-appointed federal receiver J. Clark Kelso, the state prison system now has:

Adequate medical staff;

Processes to ensure inmates receive care; and

An oversight system to catch problems when inmates do not receive care.

However, Kelso noted in his report that that the prison system still needs to make several improvements, including:

Adequately keeping medical records;

Appropriately scheduling appointments;

Delivering care onsite rather than sending inmates to outside hospitals; and

Upgrading treatment areas.

Under Henderson’s plan, every prison will have to pass an inspection before the feds return some of the control to the state. At that time, Kelso will step back and act as a monitor, with the ability to take back the reins if the state begins to backslide.

Posted in Department of Justice, Jim McDonnell, juvenile justice, Kamala Harris, LA County Jail, medical care, prison, Realignment, Reentry, Trauma | 2 Comments »

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