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

February 9th, 2015 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

…and recommendations:

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

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

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

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

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

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


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

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

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

Here’s how Hylton’s story opens:

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

[SNIP]

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

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

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

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


SUICIDES IN LOS ANGELES JAILS DECREASED BY HALF IN 2014

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

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

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

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

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

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

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

Richmond PD Chief Improves Cop Morale….DOJ Calls Albuquerque Police “Reckless” ….Prop 47 Lowers Jail Pop….Luis Rodriguez’s Words Save Lives…..Saying Goodby to Rick Orlov

February 3rd, 2015 by Celeste Fremon



RICHMOND, CA, POLICE CHIEF STRESSES COMMUNITY POLICING OVER SHOW OF FORCE

When Richmond CA hired Chris Magnus, an openly gay white guy from Fargo, North Dakota, to take over its scandal ridden police department, local cops and members of Richmond’s primarily minority communities were….how to put it?….skeptical.

But Magnus didn’t blink at the initially less-than-enthusiastic reception. He immediately disbanded the department’s “street teams,” units of heavily armed officers deployed in high-crime areas. He didn’t like the impression that the the street teams gave of being an occupying army that arrested people for small amounts of drugs and other minor crimes. Instead, he asked his officers to attend community meetings and employed a system he called a “Neighborhood Beat Policing” model. “Our goal is to build continuity of presence and the strongest possible relationships between officers and the public in every area of the city, he wrote on the Richmond PD website.

Now crime is down and morale in the Richmond PD is up.

Aron Pero of the Associated Press has more. Here are some clips:

Magnus also eliminated the seniority system that allowed officers to choose the areas they would patrol. He required officers to take on more responsibilities on their beats beyond responding to calls. Beat officers are required to attend neighborhood meetings and to maintain a high profile at churches, schools and businesses. They’re encouraged to hand out their mobile phone numbers and email addresses to residents.

“A lot of people were skeptical at first … I know I was skeptical. I mean, not only was he coming from outside the department, he was coming from Fargo, of all places,” said Officer Virgil Thomas, a 19-year veteran of the force and the newly installed president of the police union. “But he came in with a plan and stuck to it, and the image of the city and of the police has changed dramatically. Morale has improved greatly.”

Controversy erupted in December, however, when at a local protest over events at Ferguson and in New York City, Magnus held up a sign reading “#blacklivesmatter.” But even that criticism dissolved quickly.

The [police] union initially objected to the police chief’s participation in the Dec. 9 demonstration. The association’s lawyer said Magnus’ appearance in uniform “dishonored the department” and violated a law barring political activity on duty. But Thomas said the union backed away from those claims after sitting down and talking with Magnus about the demonstration.

“We talked about it, and I understand what he was trying to do,” Thomas said. “He’s trying to bridge the gap, like we all are.”

It helped, of course, that policing in Richmond is effective under Magnus’ stewardship.

The city in 2014 recorded 11 murders, the lowest rate per capita in recent decades. It was the fifth straight year the murder rate declined in Richmond. Violent crimes and property crimes alike have plummeted, as have officer-involved shootings. The U.S. Department of Justice recently added Magnus to a panel of experts investigating police relations with the community in Ferguson, Missouri.


ALBUQUERQUE POLICE: A RASH OF KILLINGS

While the relationship between members of the Richmond PD and those it serves has blossomed, in Albuquerque matters appear to be going in a less positive direction.

In 2007, crime was higher than the national average in Albuquerque, NM, and the city’s police department was having trouble recruiting police officers, despite the perks the APD offered to those who signed up. Pressured, the department higher-ups started cutting corners. They stopped consistently using psych exams for applicants, and began taking men and women who had washed out of other departments, and others whom the department’s training officers warned had….issues.

By 2011, the rate of fatal shootings by police in this city of five hundred and fifty thousand, was eight times that of New York City. More half of those killed were mentally ill. No officer had ever been charged, and few were disciplined.

Writing for the New Yorker, Rachel Aviv tells the story of one of those fatal shootings. It’s a tale that involves threats, intimidation, the DOJ and one more shooting last March. But this time the shooting of a homeless mentally ill man named James Boyd was caught on video and, in January, resulted in charges.

Here’s a clip from Aviv’s story:

Stephen Torres was meeting with a client at his law office, in downtown Albuquerque, on April 12, 2011, when he received a call from a neighbor, who told him that police officers were aiming rifles at his house. He left work and drove to his home, in a middle-class suburb with a view of the mountains. There were more than forty police vehicles on his street. Officers wearing camouflage fatigues and bulletproof vests had circled his home, a sand-colored two-story house with a pitched tile roof. Two officers were driving a remote-controlled robot, used for discharging bombs, back and forth on the corner.

Stephen’s wife, Renetta, the director of human resources for the county, arrived a few minutes later, just after three o’clock. A colleague had heard her address repeated on the police radio, so her assistant pulled her out of a meeting. When Renetta saw that the street was cordoned off with police tape, she tried to walk to her house, but an officer told her that she couldn’t enter the “kill zone.” “What do you mean ‘kill zone’?” Renetta asked. “Ma’am, you can’t go any further,” the officer said.

Renetta knew that the only person at home was the youngest of her three boys, Christopher, who was twenty-seven and had schizophrenia. Two hours earlier, he had stopped by her office for lunch, as he did a few times a week. Then he visited an elderly couple who lived two houses away. He said that he needed to “check up on them”; he often cleaned their pool or drove them to the grocery store. Because he found it overwhelming to spend too much time among people, he tried to do small, social errands, so as not to isolate himself.

When Stephen asked the police what had happened to Christopher, he was told only that there was an “ongoing criminal investigation.” Stephen offered to let the officers inside the house, but they refused. Stephen called a close friend on the force, who said that a person had been taken off in an ambulance earlier in the afternoon, at around two o’clock. Stephen called the three main hospitals in Albuquerque, but Christopher hadn’t been admitted to any of them.

Stephen called a neighbor, Val Aubol, who lived across the street, to find out what she could see. Aubol peeked through the shutters of her front window and saw ten officers lined up against a neighbor’s garage, next to the Torreses’ house. The SWAT team’s Ballistic Engineered Armored Response Counter Attack Truck was parked in front of them. When Aubol went into her back yard, she saw a rope dangling from her roof. An officer had climbed up and was pointing his gun at the Torreses’ house. Another officer was crouching behind the gate at the side of her house. She told the officers that she’d spoken with Christopher’s father, but an officer waved her back inside. “Stay in the house!” he shouted.

At around five-thirty, a female officer stepped out of a mobile crime unit, an R.V. where detectives processed evidence, and waved the family over. “She was so detached,” Renetta said. “All she said was ‘I regret to inform you that your son is deceased.’ ” She did not tell them how their son had died or where they could find his body. The Torreses asked if they could go home, but the officer said that it was still an active crime scene.


RECKLESSNESS & DEADLY FORCE

Nick Pinto at RollingStone has another feature on the Albuquerque police, which has the details on the James Boyd shooting.

Here are some clips from Pinto’s story:

…On the afternoon of March 16th, 2014, Albuquerque police received a 911 call from this part of town, a man complaining that someone was illegally camping in the foothills. Two Albuquerque officers responded and, sure enough, encountered James Matthew Boyd, a 38-year-old homeless man who suffered from schizophrenia. Boyd was clearly not well, ranting, telling police that he was an agent for the Defense Department.

Unauthorized camping is a petty misdemeanor. The officers could have told Boyd to move along and left it at that. But as Officer John McDaniel approached, Boyd wouldn’t show his hands and McDaniel drew his gun. When the officers moved to pat him down, Boyd pulled out two small knives; the cops stepped back and called for backup, setting off a spectacular circus, with as many as 40 police officers reportedly joining the standoff. Among them were uniformed cops and members of the SWAT team, the tactical K-9 unit and the Repeat Offender Project squad.

Not present, Boyd’s family would later allege in a complaint, was anyone clearly in charge. Keeping Boyd surrounded, often with guns drawn, officers tried to get him to surrender his knives. Finally, after three hours, Boyd prepared to come down from the hills. “Don’t worry about safety,” he told the police. “I’m not a fucking murderer.” But as Boyd packed his stuff, both hands full of possessions, Detective Keith Sandy — who hours before, on arriving at the scene, boasted on tape that he was going to shoot “this fucking lunatic” with a Taser shotgun — tossed a flash-bang grenade, a nonlethal weapon designed to disorient and distract. Another officer fired a Taser at Boyd, and a third released a police dog on him. Boyd drew his knives again. Advancing on him, officers ordered Boyd to get down on the ground. Boyd began to turn away, and Detective Sandy of the ROP squad and Officer Dominique Perez of the SWAT team each fired three live rounds at him, hitting him once in the back and twice in his arms. Boyd collapsed, face down, crying out that he was unable to move. “Please don’t hurt me,” he said. Another officer fired three beanbag rounds from a shotgun at Boyd’s prone body. The K-9 officer again loosed his German shepherd on Boyd, and the dog tore into his legs. Finally, officers approached and handcuffed him.

After roughly 20 minutes, Boyd was transported in an ambulance to the University of New Mexico hospital. In the final hours of his life, Boyd had his right arm amputated and his spleen, a section of his lung and a length of his intestines removed. At 2:55 a.m., he was pronounced dead. He was the 22nd person killed by the Albuquerque police in just more than four years.

Boyd’s death conformed to many of the patterns governing deadly police violence in Albuquerque. Living with mental illness, Boyd fit the profile of the marginal Albuquerqueans most likely to find themselves shot to death by the city’s police. The escalation of a low-level encounter to a standoff involving numerous heavily armed officers wasn’t anything new, either. Few were surprised when footage from the lapel camera that Officer Sandy was required to keep running was inexplicably absent. And, as in so many previous officer-involved shootings, Boyd’s death was followed by a press conference by the chief of police, who declared the shooting justified and painted Boyd as a dangerous criminal….

Finally, a group of families whose loved ones had bend killed by members of the APD persuaded the Department of Justice to take a look at what was going on with the high number of deadly shootings.

Reviewing 20 fatal police shootings from 2009 to 2012, the [DOJ] report found a majority of them to be unconstitutional. “Albuquerque police officers shot and killed civilians who did not pose an imminent threat,” the report found, noting that “Albuquerque police officers’ own recklessness sometimes led to their use of deadly force.”


PROP 47 ALREADY BRINGING DROPS IN JAIL POPS ACROSS CALIFORNIA

It’s early still, but the effect of Prop 47 on the state’s jail populations, thus far, has been to lower them. This drop is particularly welcome after jail numbers had been driven higher due to the state’s 2011 AB 109 realignment strategy that shifted the incarceration burden for certain low level offenders to the various counties.

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

Inmate populations are falling in once-overcrowded California county jails since voters decided in November that certain drug and property crimes should be treated as misdemeanors instead of felonies.

While some are avoiding jail, many of those who are sent to county lock-ups for crimes not covered by the ballot initiative dubbed Proposition 47 are spending more time there because jail officials no longer must release them early due to overcrowding.

Fresno, Kern, Los Angeles, Riverside and San Diego counties are among those with fewer early releases, according to an Associated Press survey of the 10 counties that together account for about 70 percent of California’s total jail population.


LUIS RODRIGUEZ & THE POWER OF WORDS

KCET’s So Cal Connected is doing a story on Los Angeles poet laureate, Luis Rodriguez, on Wednesday at 8 pm. If you’re around, be sure to tune in. Rodriquez is the best known for his classic memoir Always Running– La Vida Loca, Gang Days in L.A, about how he escaped Los Angeles gang life in the 1960′s. It’s a wonderful book, and one that dozens of disaffected kids I’ve met over the years told me was the first book they’d ever read, cover to cover, a book that introduced them to the joys of reading ever after.

Rodriguez has also published poetry, fiction, and other works of nonfiction, along with acting as the publisher for Southern California poets and writers. If that was not enough, he founded and runs Tia Chucha’s, a bookstore and cultural center in Sylmar, teaches writing inside California’s prisons, and mentors at risk young men and women looking to get out or to stay away from gang membership. He changes lives. I’ve seen it happen.

“Luis is a great man,” Father Greg Boyle once said to me, summing the matter up with simplicity.

Yes, He is. And we’re so lucky to have him here in LA. So, check out So Cal Connected Wednesday evening, and get to know him.


AND WHILE WE’RE ON THE SUBJECT OF ICONIC LA WRITERS…WE ARE GOING TO MISS REPORTER/COLUMNIST RICK ORLOV, R.I.P

Respected LA Daily News city hall reporter Rick Orlov died on Monday of complications of diabetes and the city’s reporting community is completely in shock.

Mayor Eric Garcetti had this to say about Orlov on Twitter:

Posted in American artists, American voices, CDCR, jail, LA County Jail, law enforcement, Los Angeles writers, Sentencing | 1 Comment »

California’s School Counselor Problem… The LA Sheriff’s Department’s Transparency Problem…Changing the Double Jeopardy of “Dual Status” Kids

January 20th, 2015 by Celeste Fremon


CALIFORNIA HAS THE NATION’S WORST STUDENT-TO-COUNSELOR RATIO & IT’S KEEPING KIDS FROM GRADUATING

Many of California’s school counselors have so many students on their caseloads that even the best-meaning of them can’t possibly give most kids the help and time they need. As a consequence, students often land in the wrong classes and thus amass enough school credits to graduate and head toward college, but not the right credits—for either.

This is especially true in the state’s poorer communities, where kids move around or miss days of school due to foster care placements, family instability, brushes with the juvenile justice system, and other barriers to an uninterrupted school year, making the need for a counselor’s attention all the more crucial.

Brenda Iasevoli writing for the Hechinger Report has the story. Here’s a clip:

Jose Salas was in his freshman year of high school when his mother kicked him out because he was gay. He bounced from one friend’s house to another, and to a new high school each year: Hawthorne High in South Los Angeles, Edison High in Fresno, Morningside High in Inglewood. Somehow he stayed on track to graduate. Then, in his senior year, something went wrong.

The high school where he enrolled, Hillcrest Continuation School in Inglewood, placed him in remedial classes usually assigned to students learning English. He took and passed 35 credits worth in the fall semester before dropping out. Any guidance counselor looking at his transcripts would have seen that Salas had passed Advanced Placement English as an 11th grader and didn’t need these classes.

“I have no idea why they placed him in that set of classes,” says Nicole Patch, Salas’s counselor at YouthBuild Charter School of California, where in 2013 he earned his high school diploma at the age of 22 after working as a taxi dispatcher and in a fast-food restaurant. “This is a kid who had the skills. The work was being done. The school should have placed him in government and other courses he actually needed.”

Salas’s story is common, especially in school districts with too few guidance counselors to keep track of the large numbers of poor, transient students who move from school to school and across districts. California ranks worst in the nation when it comes to providing guidance counselors, according to the U.S. Department of Education. The American School Counselor Association recommends a student-to-counselor ratio of 250 to 1. In California, the ratio was 1,016 to 1 for the 2010-2011 school year, the latest for which data is available.

By the time Salas graduated, he had 268.5 credits. He only needed 200 to graduate. All told, the credits mix-up cost him two semesters of high school, according to Patch, since California high schools typically offer 30 credits per semester. Salas said he trusted his counselors to place him in the classes he needed. “It is frustrating that things don’t work that way,” he says.


LOS ANGELES COUNTY SHERIFF’S DEPARTMENT INSPECTOR GENERAL SAYS LASD NOT TRANSPARENT, SHERIFF MCDONNELL SAYS HE AIMS TO RELEASE USE-OF-FORCE DATA & LOTS MORE ONLINE

In report that came out Friday, LASD Inspector General Max Huntsman said that the LA county Sheriff’s Department is far less transparent than many other major law enforcement agencies when it comes to officer-involved-shootings, community members’ complaints, and deputy disciplinary proceedings.

Shortly after Huntsman issued his report, Sheriff Jim McDonnell announced that he intended to make sweeping changes. Here’s what KPCC’s Andrea Gardiner reported:

McDonnell responded immediately after the OIG report was made public, saying his department would distribute the data online, so the public can access it. The data will include the number and nature of officer-involved shootings, use-of-force claims, citizen complaints, and officer conduct that results in discipline. It will not name the officers.

McDonnell also appeared on ABC-7′s Newsmakers show with Adrienne Alpert on Sunday morning and talked further about the need for transparency. (Sadly Newsmakers isn’t archived online.)

On Monday, the LA Times editorial board wrote about the necessity for such transparency sooner rather than later.

Here’s a clip from the editorial:

First, the bad news, as laid out in a report by Los Angeles County Inspector General Max Huntsman and reported Friday in The Times: The Sheriff’s Department does a poor job of informing the public about shootings and discipline. That would be a big deal in any event, but especially at this moment in history, when law enforcement agencies nationwide are coming under renewed scrutiny, and properly so, for use of deadly force and poor access to data about it.

Huntsman’s findings aren’t particularly surprising, of course. The basic narrative of the Sheriff’s Department over the last five years has been a succession of jail beatings by deputies and, when the public asks questions, such hostile and arrogant responses as to strain even the best relationships the department has with the communities it serves.

But his analysis was particularly useful in that it compared the department with its law enforcement counterparts in California — including the California Highway Patrol, the San Diego County Sheriff’s Department and the Los Angeles Police Department — and the largest police departments elsewhere in the country.

Almost everybody does better at making data on the use of force, complaints and discipline easily accessible to the public, either directly or through independent review boards. Even New York City, with its long history of tension between the department and the public, displays data about police shootings on its website: how many, where, against whom.

Some jurisdictions go further. Dallas, for example, posts it all on an Officer Involved Shooting Web page. What do we really want to know? Whom did the police shoot? Was the victim armed or unarmed? Of what race, gender and age? In what neighborhood? It’s all there, in one place — as it should be…


DO DUAL STATUS KIDS HAVE TO BE DOUBLE-SLAMMED BY THE SYSTEM?

“Duel Status Youth” is the term for kids whose actions and/or circumstances bring them contact with both the child welfare system and the juvenile justice system. In theory, the intention is for such kids to get twice the help because of their two-for-one contact with government systems.

Sadly, however, the opposite has turned out to be true. Instead of getting double the help, dual status youth seem, almost inevitably, to be exposed to twice the harm.

Put another way, if outcomes are often bleak, statistically speaking, for kids in foster care, they are generally far worse for youth who also manage to land in the juvenile justice system, which many foster care kids do for actions as minor as running away.

Child advocates have been pointing for a long time to this disturbing double jeopardy pattern of duel status youth, but with little success.

Part of the problem seems to be that, in most U.S. counties, the juvenile justice and foster care systems don’t coordinate with each other. (This is one of the issues pointed out by LA County’s Blue Ribbon Commission.)

Now, however, the Robert F. Kennedy National Resource Center for Juvenile Justice, together with the Robert F. Kennedy Children’s Action Corps, has taken a deep look at the dual status youth crisis and is helping four U.S. counties create a different model for dealing with double-jeopardy youth in order to reroute those kids’ futures in a healthy direction.

One of those municipalities working with the RFK people is Santa Clara County, California.

Gary Gately reporting for the Juvenile Justice Information Exchange takes a look at the overall problem—and at some of the solutions.

Here are some clips from Gately’s story:

She was born to an incarcerated mother. She was repeatedly abused by relatives with whom she spent much of her early life.

By the time she turned 10, she had been sexually abused by an older brother, a pimp, who forced her into prostitution.

She didn’t last long at foster homes and ended up living in group homes in the Northern California area. She ran away from placements dozens of times and continued prostituting herself.

Perhaps not surprisingly, Alicia — whose real name is being withheld to conceal her identity — repeatedly landed in juvenile detention on solicitation or related charges.

But for most of her young life, the people responsible for helping her — in the juvenile justice and child welfare systems — hardly spoke to one another, much less coordinated services, because of the longstanding gulf between the two systems.

Alicia, now 18 and expected to be in jail through mid-January on prostitution and robbery charges, could be a poster child for kids known as “dual-status youth” — those involved in both the child welfare and juvenile justice systems.

Their cases typically present enormous challenges: Many of the children are chronic runaways who have suffered from severe physical or emotional abuse, neglect and abandonment. And they typically come from troubled homes often beset by domestic violence, substance abuse and mental illness.

It’s hard to say how many children become entangled in both the juvenile justice and child welfare systems, partly because of the historical bureaucratic divides between the two systems.

Juvenile courts in the United States handled an estimated 1.2 million cases in which the youth was charged with a delinquency offense during 2011, according to the Pittsburgh-based, nonprofit National Center for Juvenile Justice, which collects and reports on juvenile court activity for the federal Office of Juvenile Justice and Delinquency Prevention. And the federal Children’s Bureau reported 3.8 million children in 2012 were the subjects of at least one report of abuse and neglect; for 686,000 children the maltreatment was substantiated.

Conservatively, tens of thousands of children a year are simultaneously involved in both the juvenile justice and child welfare systems. (Depending on the locale, these children are known by such terms as crossover, dual-jacketed, dual-involvement, dual-status supervision or dual-jurisdiction youths.)


NEWTON COUNTY, GEORGIA TRIES A DIFFERENT PLAN

Virginia Lynn Anderson, also writing for the JJIE, reports on what Newton County, Georgia-–another one of the RFK sites—is doing to keep dual status youth out of detention and to instead get them and their families the help they need to start to turn their lives around.

The first step, Newton found, is simply to start tracking whether or not a kid was dually involved. Astonishingly, Newton—like many counties—hadn’t previously managed to find out if a kid was in both systems.

Here’s a clip from Anderson’s story:

On a bright, fall day — the kind of day that kids love to be outdoors in, riding a bike, playing ball — a 15-year-old walked into a juvenile courtroom in Newton County for a hearing, wearing a dark blue jumpsuit, handcuffs and a look of fear on his face.

He had been picked up for riding a bicycle under the influence in next-door Rockdale County a day or two before and placed in detention.

Had Judge Lisa Mantz not known about the teen’s home difficulties, she might have sent him back to his foster mother’s home.

He’s faced some very hard obstacles. His father is in prison. His mother is absent for unknown reasons, and he hasn’t seen her in years.

Because Mantz and the Newton County juvenile justice team make it a matter of protocol to find out whether a youth has been in protective custody or has an open case with the Department of Family and Children’s Services (DFACS), Mantz knew in this case not to send the boy home.

“The foster mom has a meth problem,” Mantz explained after a wrenching hearing. “He wouldn’t be safe going back into that environment.”

Newton County is one of four sites in the nation chosen by the Robert F. Kennedy Children’s Action Corps to serve as a demonstration project — to show how the juvenile justice court can work with DFCS, other children-serving agencies and the community to identify dual status youth and get them the help they need.

While this young person’s case resulted in his being kept in detention, the collaborative efforts of the Newton County Juvenile Court and DFACS play out in different ways in different cases. The goal is to keep dual status youth out of detention and to instead get them and their families the help they need to stay out of detention.

Using an initiative that recognizes that most juvenile offenders are dually involved in the child welfare system, Newton County is changing its strategy for working with youth in the juvenile justice system.

Previously, the county might have looked at a youth’s juvenile record without ever examining his or her involvement in the child welfare system. Now the county’s first step is to learn whether a young person has an open file with the Department of Family and Children Services. A separate intake form is created, and, within three days, DFCS returns information to the court that shows whether a youth is dually involved.

Read the rest. While the change is heartening, the fact that nobody in Newton bothered to track dual involvement until 2013…is not.

Posted in ACEs, Education, Foster Care, Inspector General, Jim McDonnell, juvenile justice, LA County Jail, LAPD, LASD | 12 Comments »

4 LA County Sheriff’s Deputies Suspect of Theft and Bribe Taking…CA Poor Often Given Cut Rate Legal Defense, Report Finds….Will There Be Fed Indictments for former LASD Top Brass?…& LA Press Club Award to Charlie Hebdo

January 13th, 2015 by Celeste Fremon



FOUR LA SHERIFF’S DEPARTMENT MEMBERS INVESTIGATED FOR THEFT AND BRIBERY ALLEGATIONS

Four members of the Los Angeles County Sheriff’s Department have been relieved of duty without pay pending the outcome of a criminal investigation into reports that the four engaged in a scheme of thefts and bribes regarding towed vehicles or vehicles about to be towed.

According to a statement released by the LASD on Monday morning, the department became aware in December 2014 of evidence that three deputy sheriffs and a parking control officer were implicated in individual incidents of theft from towed vehicles or accepting cash from vehicle owners to avoid towing and impounding of their vehicles. All four of the department members relieved of duty worked out of Century Station located in Lynwood.

As of now, department investigators do not believe that any additional personnel were involved in the alleged theft and bribery.

“As a law enforcement organization, it is imperative that we earn the public’s trust each day,” Sheriff Jim McDonnell said in an email that went to all department members. “Acts such as those described above tarnish the badge all of us wear and erode the confidence the public has in law enforcement.

“We will respond swiftly and resolutely whenever acts of this nature come to our attention,” McDonnell continued. “We must demonstrate to the public and to our own Department family that conduct which violates the public trust will not be tolerated. In doing so we also reaffirm that the vast majority of our personnel perform their duties in an exemplary manner.”

The department is pointing to the announcement of the investigation as evidence of a new policy of transparency.

Those department members—working and retired—we spoke with about the matter on Monday said they appreciated the strategy.

“It sets a good tone,” said one retired LASD lieutenant. “It says the department is no longer going to tolerate this kind of nonsense.”

(Los Angeles County Sheriff’s Department badge and patch photo above by Jaime Lopez, LASD)


ARE SOME OF CALIFORNIA’S POOREST CRIMINAL DEFENDANTS GETTING A CUT RATE DEFENSE?

In the 1963 landmark SCOTUS decision of Gideon v. Wainwright, the U.S. Supreme Court ruled that the assistance of counsel for a defendant who could not afford to hire a lawyer was a fundamental right under the United States Constitution. The court’s ruling specified that such legal assistance applied to the preparation for trial as well as the trial itself.

According to a new report by the California Commission on the Fair Administration of Justice, more and more of the state’s counties are cutting funds formerly allocated to provide lawyers for those in need of counsel—and many defendants are getting inadequate “cut-rate” representation as a consequence.

Karen de Sá of the San Jose Mercury News has more on the story. Here are some clips:

Counties are increasingly hiring legal firms that offer cut-rate representation by failing to spend money on investigators or experts that are needed for adequate defense, said the report issued by the California Commission on the Fair Administration of Justice, created to examine ways to guard against wrongful convictions.

“This is like a cancer within the system of providing indigent defense, and it’s spreading,” said Gerald Uelmen, executive director of the so-called Fair Commission, calling the spread of low-bid, flat-fee private firms “a race to the bottom.”

Traditional public defenders in the pay of the various California counties are generally okay, said the report.

But lawyers who are paid a flat fee for representation, the report said, may be tempted to cut corners on pretrial preparation and avoid going to trial to save time and money.

As a solution, commissioners recommend that the state Legislature establish a body to oversee the way counties provide representation to criminal defendants, and also recommend a law to ensure that funding for experts and investigators is separate from the fee paid to the lawyers in publicly funded cases.

The Fair Administration of Justice Commission report cited research by California Western School of Law Professor Larry Benner, who found that inadequate investigation is a recurring problem in cases in which convictions were overturned because of poor representation….

The new California-based report reflects other dismal reports outlining a national crisis in indigent defense that prevents a growing number of Americans from getting adequate legal representation when they most urgently need it.


ARE FEDERAL PROSECUTORS GUNNING FOR BACA AND TANAKA WITH NEW GRAND JURY SUBPOENAS?

For the last month or so we’d been hearing that various current or former members of the Los Angeles Sheriff’s Department had received subpoenas to appear in front of a federal grand jury, as part of an ongoing investigation into the events that resulted in the conviction of seven LASD members for obstruction of justice last year.

Moreover, several of those who were asked to appear were among the seven former department members who have already been convicted. Since all seven contended that the actions that led to their convictions were the result of orders that originated at the LASD’s highest echelon—namely from Baca and Tanaka—there has been much speculation that federal prosecutors are now hoping to indict some of those very former department higher ups.

Over the weekend, the LA Times’ Cindy Chang reported on the matter of the new grandjury subpoenas.

She wrote:

The questioning has focused partly on meetings where then-Sheriff Lee Baca and his No. 2, Paul Tanaka, discussed how to deal with the discovery of a cellphone provided to a county jail inmate by the FBI. In addition to the convicted officials, some current Sheriff’s Department officials have also received grand jury subpoenas.

Many in the Sheriff’s Department believe that low-ranking officials took the fall for following orders from Tanaka and Baca. Now, with the convening of the grand jury, it appears that prosecutors are attempting to target more sheriff’s officials after convicting seven last year for obstructing justice.

Of the seven, Gregory Thompson, a former lieutenant, and two ex-deputies, Gerard Smith and Mickey Manzo, are known to have testified before the grand jury in December, according to a source.

Brian Moriguchi, president of the L.A. County Professional Peace Officers Assn. (PPOA), the union that represents sheriff’s department supervisors, said that he knows of at least one more grand jury subpoena related to the obstruction of justice issue. But, he said, he has heard credible reports of still more such subpoenas.

So will there be new indictments?

When LASD Captain Tom Carey testified at the trials of the seven last year, he admitted that he was the subject of an ongoing federal criminal investigation. And, as WLA has previously reported, Carey was relieved of duty in December pending the result of an internal departmental investigation.

Tanaka also admitted last year to knowing he was the subject of a federal criminal probe.

Yet, despite much pestering on the part of reporters, WLA included, federal prosecutors and a spokesman for the U.S. Attorney’s office have repeatedly declined to comment on the possibility—or lack thereof—of more indictments, and will say only that the investigation is ongoing.

Still, the new grand jury hearings have fueled new rounds of speculation.

“Of course, many of us hope the government is going to reach higher than those who have already been convicted,” Moriguchi said. “But in the end all we can do is speculate. It’s hopeful speculation, but it’s speculation, nonetheless.”

NOTE: Chang’s story has more that you’ll likely find interesting, so be sure to read the whole thing.


LA PRESS CLUB 2015 AWARD FOR COURAGE & INTEGRITY IN JOURNALISM TO GO TO CHARLIE HEBDO

The Los Angeles Press Club announced on Monday that its 2015 Daniel Pearl Award for Courage and Integrity in Journalism will go to Charlie Hebdo.

“We are deeply honored. Of course, we’ll accept, said Gerard Biard, Editor-in-Chief of Charlie Hebdo.

“No act of terrorism can stop freedom of speech. Giving the Daniel Pearl Award to Charlie Hebdo is a strong message to that effect,” said LA Press Club President Robert Kovacik of NBC LA.

Since 2002, the Los Angeles Press Club in conjunction with Judea and Ruth Pearl, the parents of Wall Street Journal journalist Daniel Pearl—who was kidnapped in 2002 by Pakistani militants and later murdered by Al-Qaeda’s Khalid Sheikh Mohammed—have handed out the award to those who have displayed unusual courage in reporting.

Past recipients have included Richard Engel, the NBC correspondent who covered multiple mid east wars on the front lines, before being abducted in Syria in 2012, and Anna Politkovskaya, the Russian journalist/author who became famous for her reporting on the conflict in Chechnya, who was murdered in 2006 in the elevator outside her apartment in what was widely viewed as an ordered assassination to prevent her latest deeply reported story from being published.

The 2015 award will be presented by Judea and Ruth Pearl at a gala awards dinner held at the Biltmore hotel in Los Angeles on Sunday, June 28th.

In the meantime, Charlie Hebdo’s first cover since the murderous attack on its Paris offices that killed 12 people, will feature a tearful prophet Mohammed holding a sign that reads “Je suis Charlie.” The magazine’s headline says “All is forgiven.”

The magazine, which will go on sale on Wednesday, will reportedly print as many as record 3 million copies in 16 languages, instead of its usual 60,000.

The cover cartoon, which you can see below, was drawn by the weekly’s cartoonist Luz, who survived the massacre because he was late arriving at the office.

(Click on the Charlie Hebdo cover image to enlarge it.)

Posted in art and culture, FBI, Free Speech, Freedom of Information, Future of Journalism, Jim McDonnell, LA County Jail, LASD, media, Paul Tanaka, Sheriff Lee Baca, The Feds | 19 Comments »

Sheriff McDonnell’s Thoughts One Month In….Jail Beating Victims Win $5M in Legal Fees….Ferguson Grand Juror Sues….and Foster Kids

January 7th, 2015 by Taylor Walker

LASD SHERIFF JIM MCDONNELL MAKES MEDIA ROUNDS, DISCUSSES DUAL-TRACK SYSTEM, OVERSIGHT, REPLACING JAIL

LA County Sheriff Jim McDonnell says he has his sights set on a plan that would keep new deputies from having to spend years working in jails before heading out on patrol. The aim would be to fill all jail positions within the next three years, so that patrol-seeking deputies would be able to skip or reduce the customary time spent learning the custody division (which can last up to seven years).

The LA Daily News’ Rick Orlov has the story. Here’s a clip:

McDonnell said the original intent of the system was to have deputies spend a year or two in the jails to allow them to learn about the custodial division.

But, over the years, that assignment grew to as long as seven years and has hurt recruitment, McDonnell said.

“Young people today are very sophisticated and they look at what the different departments offer,” McDonnell said. “They joined to be in patrol cars and help people. I don’t think you are helping recruitment when you send them to the jails for so long.”

The proposal to reduce use of new deputies in the jails was contained in a 2012 report by the Citizens Commission on Jail Violence, of which McDonnell was a member. The panel also recommended the use of custody assistants to help staff the jails and relieve the need for deputies.

Peter Eliasberg, legal director of the ACLU of Southern California, which has been critical of the jail system, said he supports McDonnell’s proposal.

“I always thought the claim that jails are the appropriate place to learn about bad people is not right,” Eliasberg said. “Patrol requires a different response and temperament than is needed in the jails.

Sheriff McDonnell, who was sworn in a little over a month ago, as part of a media circuit, spoke with KPCC’s Larry Mantle on AirTalk about the dual track recruiting system, as well as the fate of Men’s Central Jail, and civilian oversight.

LA Observed’s Kevin Roderick has a good round up of McDonnell’s other appearances.


OVER $5 MILLION IN LEGAL FEES AWARDED TO MEN’S CENTRAL JAIL IMNATES

A federal judge has awarded nearly $5.4 million in legal fees to five Men’s Central Jail inmates who say they were brutally beaten and tasered by deputies in 2008. (Read about the trial here.) This number is in addition to $950,000 in damages won by the inmates last year.

Legal director of the ACLU of Southern California, Peter Eliasberg, points out that the county could have avoided paying over $5 million in legal fees (more than $6 million of tax payers’ money) by settling for less $1 million.

The LA Times’ Cindy Chang has the story. Here are some clips:

The amount, approved by a federal judge last week, is unusually large for such cases and may encourage more attorneys to represent indigent plaintiffs who claim abuse by their jailers. It comes on top of $950,000 in damages that a federal jury awarded to the inmates after a trial last February.

Heriberto Rodriguez and the other inmates say that they suffered broken bones in beatings by sheriff’s deputies when they refused to leave their cells at Men’s Central Jail on Aug. 25, 2008. The county argued that deputies took the steps they felt were necessary after a riot broke out, with inmates setting fires and throwing porcelain shards from broken sinks.

In a Dec. 26 order, U.S. District Judge Consuelo Marshall accepted the winning attorneys’ assessment that they spent nearly 6,000 hours on the case at rates of up to $975 an hour. The attorneys said they had been willing to settle the case, including legal fees, for about $900,000, but the county refused.

Of the $950,000 jury award, $210,000 was for punitive damages and $9,500 will go to the inmates’ attorneys, in addition to the nearly $5.4 million in attorneys fees granted by the judge’s order.


GRAND JUROR, WANTING TO SPEAK OUT ABOUT DARREN WILSON CASE PROCEEDINGS, SUES COUNTY PROSECUTOR

An unnamed member of the grand jury that chose not to indict Ferguson police officer Darren Wilson in the killing of Michael Brown, is now suing the St. Louis County prosecutor, Robert McCulloch, seeking to negate a gag order prohibiting grand jurors from speaking about the case. Normally, grand jurors who discuss cases face misdemeanor charges, but the lawsuit filed Monday by the ACLU of Missouri, says the unusual proceedings (which included sharing all evidence with the grand jury instead of recommending a charge), warrants permitting the juror to speak. The lawsuit says that the presumption that the grand jury’s decision was unanimous is inaccurate, as is other information shared with the public about the proceedings.

On Monday, in a letter to St. Louis Circuit Judge Maura McShane, the NAACP requested that a new grand jury be convened to reconsider charges against Darren Wilson. The group also asked for an investigation into the grand jury proceedings and McCulloch’s actions.

St. Louis Public Radio’s Chris McDaniel has the story. Here’s a clip:

“In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges,” the lawsuit says. (A grand jury’s decision does not have to be unanimous.)

“Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with [Doe]’s own,” the lawsuit continued. “From [the grand juror]’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury.” Doe also believes the legal standards were conveyed in a “muddled” and “untimely” manner to the grand jury.

In the lawsuit filed Monday in federal court, the American Civil Liberties Union of Missouri argues that this case is unique and that the usual reasons for requiring the jurors to maintain secrecy should not apply.

In this specific case, “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment,” the lawsuit says, adding that allowing the juror to speak would contribute to a discussion on race in America.

As the grand juror points out in the lawsuit, the Wilson case was handled in a very different manner than other grand juries. Instead of recommending a charge, McCulloch’s office presented thousands of pages worth of evidence and testimony before the grand jury. At one point, McCulloch’s spokesman characterized the grand jury as co-investigators.

CBS News has more on the NAACP requests.


A LOOK INTO THE LIVES OF DRUGGED FOSTER KIDS

In the fifth installment of Karen de Sá’s important investigative series for the San Jose Mercury, a video documentary gives us a more intimate look at the young lives affected by the unchecked overuse of psychotropic medications to treat California’s foster kids.

Watch it here, especially if you missed any of the previous installments (which can all be accessed via the same link).


IMPROVING FOSTER KIDS’ HIGHER EDUCATION OUTCOMES

When foster kids age out of the system, the odds are invariably stacked against them. They often leave their foster homes with little or no money, support, or tools to prepare them for college or adult life. (A 2011 study by the Hilton Foundation found that only 2% of the 2,388 LA County former foster youth tracked by researchers received an associate’s degree.)

A growing number of states are working to help level the playing field for former foster kids by offering college tuition waivers and educational support programs. While California does have cross-agency collaborative support systems in place, the state does not offer tuition waivers to aged-out foster kids.

NPR’s Jennifer Guerra discusses this issue on All Things Considered. Take a listen, but here’s a clip from the accompanying story:

By the time she aged out of foster care, Jasmine Uqdah had spent nearly half her life in the system. On a summer day in 2008, Uqdah grabbed her duffel bag and two small garbage bags, and she stuffed everything she owned inside.

It wasn’t much — just some clothes and a few stuffed animals. She said her goodbyes to her foster family in Detroit and moved out. She was 18 years old.

“It was pretty scary, to be honest,” she says. “Every 18- and 19-year-old thinks they’re ready, but you’re not. You’re not ready for shutoff notices. You’re not ready for eviction notices. You’re not ready for car repossessions.”

Uqdah was one of the more than 20,000 young people who age out of foster care in the U.S. every year. For most, the outcomes aren’t great. They’re heading out into the world with next to nothing — no family, no money, no support.

Roughly half drop out of high school, and few of those who do make it to college graduate. One study, which was conducted by researchers at the University of Chicago, found that only 2.5 percent of former foster children in the Midwest had graduated from college by age 26.

Some states like Michigan are trying to bring that success rate way up, finding the money and other support needed to give young people like Jasmine Uqdah a fair shot at success.

AND WHILE WE’RE ON THE SUBJECT…

An LA Times editorial urges the LA County Board of Supervisors to regain lost momentum toward implementing foster care reform recommendations (approved last April) and appointing a child welfare czar. (Find the backstory here.) Here’s a clip:

In response to a social worker strike, rather than the blue-ribbon commission report or the urging of the CEO, the board last year allocated funding for additional social workers, which should translate into more manageable caseloads. DCFS adopted a stronger training program. These are positive steps. But the county also needs someone to focus the attention of numerous government agencies on child protection without running afoul of the board.

In the end, if the supervisors are to protect children from abuse and neglect, they must also grapple with the more prosaic issue of how to successfully run a bureaucracy.

Attempts at plea bargains with Gabriel Fernandez’s mother and her boyfriend have so far failed, and the two defendants could very well go to trial this year. The supervisors would be wise to remember the young victim’s plight now, and ensure that the reform efforts are well underway when the news stories once again focus on the horrors that the young boy endured and the county’s failure to protect him.

Posted in ACLU, DCFS, Foster Care, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD | 26 Comments »

In Landmark Settlement, LA County Supervisors & Sheriff Agree to Outside Monitoring of Jails…and More

December 17th, 2014 by Celeste Fremon


In a closed session on Tuesday, the Los Angeles County Board of Supervisors
approved a far reaching legal settlement that 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.

The agreement is the result of a federal class action lawsuit known as Rosas v. Baca that was filed in early January 1012 by the ACLU of Southern California, the nationwide ACLU, and the law firm of Paul Hastings. The lawsuit alleged that Los Angeles County Sheriff Lee Baca and his top staff condoned a long-standing and widespread pattern of violence and abuse by deputies against those detained in the county’s jails. The suit was brought in the name of Alex Rosas and Jonathan Goodwin who, according to the complaint, “were savagely beaten and threatened with violence by deputies of the Los Angeles County Sheriff’s Department.” Rosas and Goodwin were only two of the dozens of inmates whose reported abuse was described in the complaint.

According to So Cal ACLU legal director, Peter Eliasberg, the 15-page settlement that has resulted from the lawsuit provides a detailed roadmap to reform department policies and practices on use of force.

What is significant about this roadmap, is that it is not merely a series of suggestions. The settlement’s benchmarks are mandatory and the department’s efforts to reach them will be monitored the three outside experts. If the LASD is not hitting those benchmarks in a timely fashion, the department can be held in contempt. In other words, the settlement has an enforcement mechanism. It has teeth—which means it will operate in many ways like a consent decree.

“I think the department has made progress,” said Eliasberg. “But this settlement provides a significant next step.”

Sheriff Jim McDonnell evidently thinks so too.

In keeping with the moves toward reform he has already made in his first half-month in office, McDonnell said in a statement that he welcomed the new “roadmap.”

“I fully support the settlement. This solidifies many of the reforms already underway by the Department as a result of the Citizen’s Commission on Jail Violence. I welcome the opportunity to work together with the designated experts, the court and others to implement these changes.

“We have made tremendous progress and will continue to improve and work hard in key areas….”

Among the significant marks that the settlement requires the department to hit is the creation of a stand alone use of force policy for custody.

“There are gaps in the current use of force policy,” said Eliasberg, “which this fills in.”

In addition, the settlement requires improved tracking of the use of force incidents, and the use of that tracking to ID problematic officers. It also dictates more robust training in custody issues for those working the jails.

“Ideally, it’s a tool for the sheriff to use,” said Eliasberg.

Indeed, Bill Bratton made good use of the federal consent decree that had come into existence before he became chief. When needed, it became the bad cop to his good cop.

The settlement could also be very useful to the soon-to-be civilian commission, according to Eliasberg, since—as it stands now—the commission will have no legal power of its own.


You can find the actual settlement here: Final Implementation Plan (Rev 12122014 )

The three experts who will monitor the settlement’s implementation are: Richard Drooyan, the legal director for the Citizens Commission on Jail Violence, Jeffrey A. Schwartz, a nationally known law enforcement and corrections consultant, and Robert P. Houston, a corrections expert who previously headed up the Nebraska state prison system.


WILL THE ACLU SETTLEMENT REALLY HELP END DEPUTY VIOLENCE AGAINST JAIL INMATES?

On the topic of the Rosas settlement, a Wednesday LA times editorial notes, the problems that the settlement aims to fix are not new ones. And they will require a very different attitude at the top levels of the sheriff’s department as a whole if they are to be realized. This enlightened attitude must belong to, not just new sheriff McDonnell, but the layers of leadership below him. Here’s a clip:

The culture of deputy violence against inmates — a culture that too often has disregarded the rights and humanity of inmates — is inextricably linked to failures in the operation, management and oversight of the Sheriff’s Department and to the inadequacy of the jail facilities. Ensuring that change in the jails is positive and permanent requires strengthening civilian oversight of the Sheriff’s Department, demolishing and replacing Men’s Central Jail, diverting the mentally ill to treatment when their conditions require care rather than lockup, taking other steps to responsibly reduce the inmate population, and providing the department with adequate resources to operate properly.

In total, the agreements are reminiscent of the LAPD consent decree. But they lack the coherence of the LAPD consent decree, with its single set of mandates, single judge and single monitoring team. It is by no means a foregone conclusion that, singly or collectively, the decrees, settlements and recommendations will enable the Sheriff’s Department to make the turnaround it needs.

The challenge for the county, and especially for McDonnell, is to respond with a remediation program that coherently weaves together the various mandates and monitoring schemes, and to do it in a way that allows the Sheriff’s Department to finally emerge from decades of substandard jailing. It will require continuing focus by the sheriff, the Board of Supervisors and the public to ensure that the problems in the jails do not fester for another 40 years.

Yep.



AND IN OTHER NEWS…

WHY SO MANY JUDGES HATE MANDATORY MINIMUM DRUG SENTENCING LAWS

Many of the most ardent opponents of the mandatory minimum drug laws that came into being with a vengeance in the 1980s are the judges who administer them.

NPR’s Carrie Johnson and Marisa Peñaloza have the story. Here’s a clip:

It seems long ago now, but in the 1960s, ’70s and ’80s, murders and robberies exploded as cocaine and other illegal drugs ravaged American cities.

Then came June 19, 1986, when the overdose of a college athlete sent the nation into shock just days after the NBA draft. Basketball star Len Bias could have been anybody’s brother or son.

Congress swiftly responded by passing tough mandatory sentences for drug crimes. Those sentences, still in place, pack federal prisons to this day. More than half of the 219,000 federal prisoners are serving time for drug offenses.

“This was a different time in our history,” remembers U.S. District Judge John Gleeson. “Crime rates were way up, there was a lot of violence that was perceived to be associated with crack at the time. People in Congress meant well. I don’t mean to suggest otherwise. But it just turns out that policy is wrong. It was wrong at the time.”

From his chambers in Brooklyn, a short walk from the soaring bridge, Gleeson has become one of the fiercest critics of mandatory minimum sentences for drug crimes.

“Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix,” he says. “That’s a bad thing for our system.”

The rail-thin Gleeson made his name as a prosecutor. He’s a law-and-order man who had no problem sending mobster John Gotti to prison for life. But those long mandatory sentences in many drug cases weigh on Gleeson.

Mandatory minimums, to some degree, sometimes entirely, take judging out of the mix. That’s a bad thing for our system.

The judge sprinkles his opinions with personal details about the people the law still forces him to lock up for years. In one case, he points out, the only experience a small-time drug defendant had with violence was as a victim.


ONE “LIFER” SENTENCED UNDER THE 1980′S DRUG LAWS COMES HOME

NPR’s Johnson and Peñaloza further illustrate the issue of mandatory minimums with the story of Stephanie George who, at 26, never sold drugs but had bad taste in boyfriends and agreed to store drugs for her guy.

Here’s a clip:

When she went to prison on drug charges, Stephanie George was 26 years old, a mother to three young kids.

Over 17 years behind bars, her grandparents died. Her father died. But the worst came just months before her release.

“I lost my baby son,” George says, referring to 19-year-old Will, shot dead on a Pensacola, Fla., street.

“I feel bad because I’m not coming home to all of them, you know,” sobs George, now 44. “He was 4 when I left, but I miss him.”

She’s one of thousands of nonviolent drug offenders sentenced under tough laws that called for decades — if not life — in prison.

Police found half a kilo of cocaine (about 1 pound) and more than $10,000 in her attic. With two small-time prior drug offenses, that meant life.

Congress designed those mandatory minimum sentences for kingpins. But over the past 20 years, they’ve punished thousands of low-level couriers and girlfriends like George.

Judge Roger Vinson sentenced her on May 5, 1997. During a recent visit to his sunny Florida chambers, the judge read from the court transcript.

“Even though you have been involved in drugs and drug dealing, your role has basically been as a girlfriend and bag holder and money holder but not actively involved in the drug dealing,” Vinson said. “So certainly in my judgment it does not warrant a life sentence.”

Vinson is no softie. He’s got a framed photo of President Ronald Reagan on his wall, and he thinks George was guilty. But the mandatory sentence didn’t feel fair to the judge.

“I remember sentencing Stephanie George. She was a co-defendant in that case but … I remember hers distinctly. I remember a lot of sentencings from 25 or 30 years ago. They stay in your mind. I mean, you’re dealing with lives,” the judge says, tearing up.

Vinson says his hands were tied in 1997. The president of the United States is the only person who can untie them. Last December, in this case, President Obama did just that. He commuted George’s sentence and paved the way for her release a few months later.

Dressed in all white, George walked straight into the arms of her sister, Wendy. She’s the person who refused to give up on her, then or now.

“Life sentence was not what I was going to accept,” Wendy says. “I would call lawyers and I’d ask, ‘Well, what does this sentence mean?’ and all of them would tell me the same thing, she would be there until she dies, and I said, ‘No, uh-uh.’ ”

Posted in ACLU, Board of Supervisors, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Sentencing | 6 Comments »

LASD Deputy James Sexton Sentenced to 18 Months in Prison

December 16th, 2014 by Celeste Fremon


On Monday morning, former Los Angeles sheriff’s deputy James Sexton became the 7th member of the LASD
to be sentenced to prison for a conviction of obstruction of justice due to his part in a plan to hide federal informant Anthony Brown from his FBI handlers.

Judge Percy Anderson sentenced Sexton to 18 months in a federal lock-up, plus an additional year of supervision after he is released.

Sexton, 30, is a former Eagle Scout who was offered an appointment to West Point and recently got his master’s in public administration at USC. He was 26, and in the department for three years, when in August 2011, he was assigned by then lieutenant Greg Thompson, his boss on the Operation Safe Jails unit (OSJ), to participate in a complex scheme to keep federal informant Brown away from the FBI and other federal representatives with whom he’d previously been in contact. Brown was, at the time, part of a civil rights investigation into brutality by deputies against inmates in Men’s Central Jail, plus other forms of LASD corruption.

According to department higher ups, the hiding of Brown was for the inmate’s own safety. Sexton and his team members were told that the order to move Brown to various secret locations within the county jail system, through the use of name changes and computer manipulation, came from the very top of the department, namely from Sheriff Lee Baca and then undersheriff Paul Tanaka, who were briefed regularly on the operation that Sexton began unofficially calling Operation Pandora’s Box.

Judge Anderson gave Sexton the shortest sentence of any of the seven, stating that the deputy was “the least culpable” of the group. (Co-conspirators Greg Thompson, Steve Leavins, Gerard Smith, Mickey Manzo, Scott Craig and Maricela Long drew terms ranging from 41 months for former lieutenant Steve Levins, to 21 months for former deputy Mickey Manzo, after being convicted in July of this year in a trial separate from Sextons)

Sexton’s attorneys had pushed for a far lower six month sentence, or even probation with no jail time, pointing out that Sexton had repeatedly cooperated with the feds as a whistleblower in 37 different meetings, and had been convincingly threatened by department members once his whistleblower role became known. (Sexton was the only one of his co-defendents who was allowed by the judge to keep his personal firearms until his conviction this fall.) Anderson, however, was adamant that “the public” expected a sentence that did not trivialize the offense.

“The public expects that the police will not obstruct justice,” said the judge

At the same time, Anderson praised Sexton’s “loving family,” that the deputy “has respect of many in his hometown,” and was “smart and educated” and was “devoted to public service.”

Anderson paused, then added, “Obviously at some point he allowed the core values that had served him well to give way...to the corrupt values of the sheriff’s department.

Finally Anderson spoke directly to Sexton.

“Sir, you didn’t show courage in your misguided attempt to protect the LASD.”

While Sexton and his family looked both grim and saddened by the sentencing outcome, they seemed unsurprised. Sexton was found guilty in mid-September of this year of charges of obstruction of justice and conspiracy to obstruct justice because of his part in helping to hide federal informant Brown from his FBI handlers.
The September trial was Sexton’s second legal go-round for the same charges. His first trial, which took place in May of this year, resulted in a hung jury, that split six-six.

When questioned outside the federal court, Assistant U.S. Attorney Brandon Fox said that the sentencing of Sexton was not the end of the story when it came to pursuing civil rights violations and corruption inside the Los Angeles County Sheriff’s Department. He ticked off some of the trials of other LASD members that will take place in 2015. “This is the end of one chapter,” Fox said, “but we have many chapters yet to come.”

As to whether the feds are focusing on other department members for possible future indictments, Fox would only say “it’s an ongoing investigation.”

Fox also declined comment on the news that Captain Tom Carey, the former head of the department’s internal criminal investigative unit, ICIB, had recently been relieved of duty, pending an LASD investigation. Carey, who testified in both Sexton’s trials, was asked by Fox when he was then on the stand if he was aware that he was the focus of an ongoing criminal federal investigation.

Sexton will surrender to authorities to begin his sentence on February 2015. His six co-defendents are required to surrender on January 2.

Sexton reportedly has made plans to appeal his conviction.


Be sure to read ABC7 Lisa Bartley’s excellent account of Monday’s proceedings. Bartley has also linked to some documents pertinent to the sentencing including letters of support from such people as an L.A. County Deputy District Attorney, a retired CIA official, a Captain in the U.S. Special Forces, a Green Beret and the President of the Southern Christian Leadership Conference.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Sheriff Lee Baca, U.S. Attorney | 36 Comments »

LA County Supes Say YES to Civilian Commission to Oversee Sheriff’s Department (Updated)…Convictions That Aren’t…Racial Inequity….Bad School Data…& Torture

December 10th, 2014 by Celeste Fremon


With a 3-2 vote, the LA County Board of Supervisors passed the motion introduced by Supervisors Mark Ridley-Thomas and Hilda Solis
to create a civilian commission to oversee the Los Angeles Sheriff’s Department. Supervisor Sheila Kuehl was the third, and very emphatic vote in favor of the oversight commission’s creation.

Ridley-Thomas first proposed a civilian oversight body back in the fall of 2012, after the Citizens Commission on Jail Violence delivered their highly critical report on the brutal conditions in the LA County jail system and the LASD leadership that the CCJV said allowed such conditions to continue to exist year after year.

Until now, the votes were not there for the idea. But following the arrival on the board of Solis and Kuehl, all at once a majority was onboard for a civilian commission.

“The people of Los Angeles have demanded a new day by electing a new sheriff,” said Solis. “…Under the new leadership, we have a chance to restore trust in the county. This is not just a morally right answer,” she added, “it is fiscally prudent. Taxpayer money spent defending lawsuits is money that can’t go to improving the lives of our constituents….”

Supervisor Mike Antonovich disagreed. “The darkest days within the sheriff’s department in recent experience…,” he said, came about “during a time when it had the most amount of external oversight.” Then he ticked off the oversight entities of the recent past: the Office of Independent Review, Special Counsel Merrick Bobb, the county ombudsman, and the court-ordered jail monitors of the ACLU. Thus Antonovich favored “a single watchdog entity” that would “streamline and strengthen civilian oversight”—namely the inspector general.

Tuesday’s vote took place just a little after the 1 pm hour, after a long and impassioned segment of public comment. Prior to the vote, LASD Undersheriff Neal Tyler read a letter from Sheriff Jim McDonnell giving strong support to the motion. The letter said, among other things that “… partnerships with our community should be embraced, not feared.”(At the time of the vote, McDonnell was at a long-scheduled meeting of the California State Sheriff’s Association.)

Interestingly, LASD Inspector General Max Huntsman also spoke positively about the idea of community oversight.

In the end, the motion to create the civilian commission was divided into three parts. Part one was the approval of the civilian oversight body. Part two was to cause the creation of a working group to hash out what the new commission would look like, what its mandate and its powers would be, and so on. And part three was the request of a report from County Counsel having to do with issues such as the correct legal language necessary to create the civilian group.

This partitioning of the motion was at the suggestion of Supervisor Mike Antonovich who wanted to vote for the working group, and the County Counsel’s report, but against the commission.

Bottom line: The creation of a civilian oversight body passed 3-2, with Antonovich and Supervisor Don Knabe both voting no—at least for the time being. The creation of the working group, solely, passed with a unanimous vote, as did the request for a report from the county’s lawyers.

And so it was that, after more than two years of discussion, civilian oversight of the county’s long-troubled sheriff’s department will soon be a reality.


THE DEVIL & THE DETAILS

The devil will, of course, be in the details.

Among those devils and details will be the make-up of the commission, the degree of access it will have to LASD information and what, if any, legal power it will have.

In his letter to the board of supervisors, Sheriff McDonnell was actually quite specific in his suggestions as to what kind of commission members he envisioned, and how many commissioners there ought to be. (He figured 7 to 9 commissioners, to be exact.)

As to whom they ought to be, McDonnell thought the commission should made up of volunteers, not paid employees. They should be “…highly regarded and esteemed members of the community, committed to public service on this body in an unpaid and part-time capacity (similar to how CCJV functioned). The structure should also include not simply individuals appointed by the Board of Supervisors, but also others selected by other appointing authorities….”

When IG Huntsman spoke he also had a number of suggestions. He stressed that, if oversight was to mean anything, it was essential that he and, by extension any commission he reported to, must have maximum access to information.

“I used to be an attack dog,” he said. “Now I’ve been asked to be a watchdog. If you buy a watchdog, they are only worth it if they come into your house. If you keep them in the backyard, then the burglars can come in the front door. A watchdog can’t watch what they can’t enter and be a part of. So transparency means complete access…”

Huntsman said it was his understanding that there was a way to accomplish this access and still respect the restrictions of the Peace Officers Bill of Rights.

As for the question of whether or not the soon-to-be created civilian commission could or should have any legal power, Huntsman was unconcerned.

“There are lots of commissions that have legal authority,” he said, “and those who don’t have legal authority, and that doesn’t really control how effective they are.” A commission’s effectiveness had more to do about “whether or not what they have to say is welcomed by the department, whether or not the department interacts with them, and whether or not they speak in a language the department understands.”



AND IN OTHER NEWS….

NEVER CONVICTED OF A CRIME BUT HELD BACK BY A CRIMINAL RECORD

It’s bad enough that significant percentages of job-seeking Americans are hampered in finding employment for which they are otherwise qualified by criminal records. This story by Brendan Lynch writing for TalkPoverty tells how yet another slice of U.S. job hunters faces the same barriers even without criminal convictions.

Here’s how the story opens:

Tyrae T. and N.R. needed what any thirtysomething American without regular income needs: a well-paying job. They were both ready and eager for work, yet both were turned down for numerous entry-level positions they were qualified for. The reason? Criminal records. Tyrae and N.R. have never been convicted of any crimes, but they face a problem that afflicts millions of low-income Americans: arrests without conviction that are improperly used as grounds to deny employment.

Job applicants with criminal records, especially men of color, face a high hurdle to employment. Studies have shown that black men without criminal records get callbacks for job interviews at rates below those of white men with criminal records; and for a black man with a record, the callback rate is almost negligible.

Arrests that never led to conviction shouldn’t affect employment—innocent until proven guilty is a fundamental principle of American justice, after all. Because there is a presumption that arrests without convictions don’t hinder employment opportunities, this issue has received far less media and political attention than the employment obstacles created by past convictions. But the fact is that when it comes to getting jobs, a mere arrest can be just as bad as a conviction for millions of people like Tyrae and N.R.

Many companies conduct pre-employment background checks using FBI rap sheets, which are notoriously hard to read: employers often can’t discern whether the charges resulted in conviction, were withdrawn, or dismissed.

State-level databases can be equally confusing. In Pennsylvania, if an item turns up when an employer runs a background check through the state police, the system immediately responds with a generic code, indicating that details will follow within four weeks. If someone only has arrests on his record, the report eventually comes up clean, but many employers won’t wait that long for the clarification—they simply move on to the next job applicant.


…CORY BOOKER SPEAKS TO FELLOW U.S. SENATORS ABOUT BIAS IN THE CRIMINAL JUSTICE SYSTEM

“Enough lamentation, when will there be legislation?” asked New Jersey Senator Cory Booker when he spoke before Senator Richard Durbin’s Tuesday hearing on the State of Civil Rights & Human Rights. It’s strong stuff, filled with both passion and common sense. And Booker bolstered his points with plenty of statistics.

Take a look.


MORE BAD NEWS ABOUT LAUSD’S MALFUNCTIONING SOFTWARE SYSTEM THAT SCREWED UP STUDENTS’ SCHEDULES

Recently we wrote about the restraining order an angry judge slapped on California Department of Education head, Tom Toriakson, to force Toriakson and LAUSD to come up with a plan to fix a disastrous tangle of problems with the district’s student data system. It seems the data snarl had somehow resulted in many students at Jefferson, Dorsey and Fremont High Schools losing more than a month’s worth of class time, and other students’ transcripts being comprised as college application deadlines rolled around.

So is the system fixed yet? Uh, no. Even more alarming, the cost of repairing the mess has, thus far, cost three times what the district initially spent to set up the data system.

Annie Gilbertson of KPCC has the story-–and it ain’t pretty.

Here’s a clip:

The Los Angeles Unified School District board approved another $12 million Tuesday to fix the student data system that failed to schedule classes, take attendance and track students with special needs beginning last fall.

Under the new plan, the district will spend up to $2 million per week from Jan. 1 to Feb. 15 to have technology companies, including Microsoft, debug the system, stabilize servers, and expand use of the system known as MiSiS at charter schools, among other tasks.

The money will also pay for oversight of the work by an outside party and expansion of the help desk.

The new spending brings the total cost of the software system to $45.5 million, three times as much as was initially invested in it.

When the six weeks are up, the board will be presented with another, pricier spending plan for MiSiS improvements. Earlier estimates submitted to the school construction bond oversight committee showed the price of addressing the system’s problems could double to about $85 million….


A FEW WORDS ON THE TORTURE REPORT

We don’t normally report on issues—even criminal justice issues—that occur beyond U.S. borders, because they are too far outside our California-centric mandate.

But we cannot fail to acknowledge—however briefly—the release of what is being called the “torture report,” the Senate’s long awaited report on C.I.A. torture during the Bush Administration released Tuesday. It has too many implications about criminal justice issues we do write about.

This week’s revealations are so dispiriting that a lot of the writing about the report that we’ve read in the last 24 hours has sort of a stunned eloquence, like this opening of Tuesday’s story by the New Yorker’s Amy Davidson.

There is a tape recording somewhere, unless the Central Intelligence Agency has destroyed it, that captures the sound of a man named Nazar Ali crying. He was a prisoner in a secret C.I.A. prison, in a foreign country where terrorists were supposed to be interrogated. But Nazar Ali, whom a Senate Select Intelligence Committee report, part of which was released on Tuesday, suggests has a developmental disability—it quotes an assessment of him as “intellectually challenged”—was no sophisticated Al Qaeda operative. It is not even clear, from what’s been released of the report, that his interrogation was an attempt to gain information, or indeed that he was properly interrogated at all. According to the report, his “C.I.A. detention was used solely as leverage to get a family member to provide information.” A footnote later in the report, where his name appears, explains that Nazar Ali’s “taped crying was used as leverage against his family member.” Left unexplained is what the American operatives did to make this man cry. Did they plan ahead, preparing recording equipment and proddings, or did they just, from their perspective, get lucky?

That audio may be long erased or destroyed, as ninety-two videotapes documenting waterboarding were. The unauthorized running of those videotapes through an industrial shredder, in 2004, put in motion the production of the Senate report. (The Washington Post has a graphic guide to its twenty key findings.) It took nine years and cost forty million dollars, largely because the C.I.A. and its allies pushed back, complaining about unfairness and, finally, warning darkly that Americans would die if the world knew what Americans had done. Senate Republicans eventually withdrew their staff support. The Obama Administration has largely enabled this obstruction. The opponents of accountability nearly succeeded. In another month, a Republican majority takes control in the Senate, and they might have buried the report for another decade, or forever. As it is, only a fraction has been released—the five-hundred-page executive summary of a sixty-seven-hundred-page report—and it is shamefully redacted. But there are things the redactions can’t hide, including that the C.I.A. and the Bush Administration lied, in ways large and small. One telling example has to do with the number of people held in the secret C.I.A. prisons. General Michael Hayden, as director of the C.I.A., regularly said that the number was “fewer than a hundred.” By that, he meant ninety-eight—and, when he was informed by others in the Agency that there were at least a hundred and twelve, “possibly more,” he insisted that they keep using the number ninety-eight. The report released today lists the number, for the first time, as a hundred and nineteen. Of those, twenty-six were held wrongly—that is the C.I.A.’s own assessment; the number may be greater—either because there was no real evidence against them or because of outright Hitchcockian cases of mistaken identity. There’s a footnote where the report mentions the twenty-six who “did not meet the standards for detention.” Footnote 32, the same one that outlines the motives for holding Nazar Ali, has a devastating litany, starting with “Abu Hudhaifa, who was subjected to ice water baths and 66 hours of standing sleep deprivation before being released because the CIA discovered he was likely not the person he was believed to be…”

There’s lots more in Davidson’s story, in the New Yorker in general, and, of course, in every other mainstream publication.

Posted in Board of Supervisors, Civil Rights, criminal justice, Education, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, LAUSD, Los Angeles County, race, race and class, racial justice, torture | 14 Comments »

Did Board of Supes Violate the Brown Act with $2 Billion Jail Vote?…WLA on KCRW’s WWLA? Monday Nite…and About That Rolling Stone UVA Rape Reporting Debacle

December 8th, 2014 by Celeste Fremon


SO CAL ACLU SEZ SUPES VIOLATED THE LAW WITH $2 BILLION JAIL PLAN VOTE

According to Peter Eliasberg, the legal director for the ACLU of Southern California, the LA County Board of Supervisors violated the Brown Act last May when they voted to go ahead with a costly plan to replace Men’s Central Jail.

The problem, according to Eliasberg and his fellow ACLU attorneys, is that although the board listed on its agenda for the May 6, 2014 meeting in question that it would be discussing various possible pricey plans for rebuilding MCJ (along with a women’s prison at Miraloma) that had been submitted to the board by Vanir Construction Management, there was no specific listing nor any motion in the agenda that indicated the board might actually vote on whether or not to go ahead with one of the plans at the upcoming meeting, and all that such a go-ahead would entail.

But vote they did.

During the meeting, Supervisors Mike Antonovich and Gloria Molina—both of whom had been pushing for a robust jail rebuild and expansion—read a motion into the minutes calling for a vote to proceed with one of Vanir’s five plan options. The vote was taken and passed 3-1. (Zev Yaroslavsky voted against going ahead, and Mark Ridley-Thomas abstained.)

Now it turns out that the non-agenda-ized vote may have been a no-no.


SO WHAT IS THE BROWN ACT ANYWAY?

In case you’re unfamiliar with the statute, the Ralph M. Brown Act was passed in 1953 by the California state legislature (and authored by Assemblymember Ralph M. Brown) to guarantee the public’s right to attend and participate in meetings of local legislative bodies. The Brown Act, which has expanded in length over the years due to various amendments, governs certain ways that such meetings must be conducted in order to secure public participation.

One whole section of the Brown Act has to do with requirements surrounding meeting agendas—when they must be posted and what must be on them. To wit:

At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words.

Then in another section specifies:

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights.

The motion for the vote was not on the agenda.

There are exceptions to the agenda rule, as in cases of emergency and the like. But the jail plan vote doesn’t appear to qualify for any of those exceptions.

On Tuesday of last week, the ACLU sent a letter to District Attorney Jackie Lacey’s office asking Lacey to look into the matter. The letter—obtained by WLA—opens this way:

Please investigate whether the Los Angeles County Board of Supervisors violated the Brown Act at its May 6, 2014 meeting when Supervisor Antonovich and former Supervisor Molina read into the agenda a joint motion calling for the Board to “adopt” one of five jail plan options presented by Vanir Construction Management, Inc in its Los Angeles County Jail Plan – Phase 2. The Board voted and adopted the motion by a vote of 3-1, with Supervisor Ridley- Thomas abstaining. The written agenda for the meeting did not provide for the Board’s voting on any of the options; it provided for only a discussion on the five options by Vanir. …we believe that the vote on the oral motion was a clear violation of the Brown Act. If you agree, we request you take all appropriate action….

Lacey’s office—which has acted previously on Brown Act allegations—has yet to reply but, if the past is any guide, the DA’s office will take a while before deciding what if any action to take.


IS A POSSIBLE ILLEGALITY AN OPPORTUNITY?

The issue is a timely one because, if the vote to approve that multi-billion dollar jail plan was taken today, it would likely have a different outcome. Gloria Molina’s successor, Hilda Solis, talked last Monday at her swearing-in about the “incarceration-industrial complex that will sink our economy as well as our society if we allow it to.”

Kuehl went even further, expressing in an interview, according to the LA Times, that she wanted to revisit the costly jail plan vote altogether.

That same day, newly sworn-in Sheriff Jim McDonnell said that, while he believed Men’s Central Jail needed to be replaced, he thought the size of the replacement plan might need to be “recalibrated” in that 20 percent of the inmates in LA County’s jail facilities are mentally ill. Thus, if the diversion programs that he and Jackie Lacey favor are put into place, fewer total beds would likely be needed in the county’s facilities

Eliasberg pointed out that the ultra-expensive Vanir plan put into motion in May not only failed to include the population drop in the jails that diversion programs for the mentally ill would surely produce, but also failed to take into account “the substantial downward effect Proposition 47 will have on the jail population.”

In addition, it neglected to factor into its jail population math such programs as a greater use in LA County of split sentencing (now required by the state) and the institution of strategies like risk-based pretrial release, that could lower the need for jail beds still further.

“In other words,” said Eliasberg, “the [existing jail building] plan is both flawed in concept and was adopted in an illegal manner. The new Board members have an opportunity to rectify these mistakes.”

Let us hope so.



WITNESSLA ON WHICH WAY LA? WITH WARREN OLNEY TALKING ABOUT CIVILIAN OVERSIGHT FOR THE SHERIFF’S DEPARTMENT…AND ALL THAT JAZZ

I’ll be on Which Way LA? with Warren Olney Monday night at 7 pm on KCRW 89.9. We’ll be talking about the likelihood of civilian oversight for the Los Angeles County Sheriff’s Department and similar topics.

You can listen in realtime here.

If you missed realtime, you can listen to the podcast here.



AND IN OTHER NEWS…..REPORTING ON RAPE: A NECESSARY LEVEL OF JOURNALISTIC DUE DILIGENCE DOES NOT EQUAL INSENSITIVITY

The New Yorker’s Margaret Talbot has a level-headed, no nonsense take regarding the reporting debacle that erupted last friday when Rolling Stone magazine suddenly backpedaled madly regarding an explosive article they ran last month about an alleged brutal gang rape at a University of Virginia fraternity house, based on extensive, highly emotion-generating interviews with a student identified only as “Jackie.”

Talbot describes the situation, the subsequent storm of reactions that ignited among other journalists and activists, and what we can take away from the whole sad mess.

Here are some clips from her essay:

…..It now appears that key details of the story, reported by Sabrina Rubin Erdely, may not be true. Other journalists—notably, my friend Hanna Rosin and Allison Benedikt, at Slate, and Paul Farhi, Erik Wemple, and T. Rees Shapiro, at The Washington Post—raised doubts about the reporting late last month, but Rolling Stone dismissed them. Then, on Friday, the magazine issued a statement saying, “In the face of new information reported by the Washington Post and other news outlets, there now appear to be discrepancies in Jackie’s account.” (An earlier version of the statement had emphasized the magazine’s trust in Jackie, and regretted that it had been “misplaced”—wording that seemed to settle too much responsibility for the story’s shortcomings on Jackie and not enough on the reporter or her editors.) Rolling Stone’s statement did not enumerate the discrepancies, but the Post did.

….According to Erdely’s story, Jackie was asked on a date, in September, 2012, by “Drew,” a lifeguard she worked with at the campus aquatic center. Drew brought her back to the Phi Kappa Psi house and invited her to an upstairs bedroom. There, she was shoved to the floor, fell through a glass table, and, while lying on shards of glass, was raped by seven men. Drew egged them on in what, horribly, seemed to be some sort of hazing ritual for new pledges. When Jackie stumbled out of the fraternity hours later, dazed and bleeding, and found her friends, they convinced her not to report what had happened to the police or campus authorities, because they were worried that it would jeopardize her social standing and theirs.

When the Post contacted the friends last week, they said the account of the attack she gave them that night differed from the version in Rolling Stone. Jackie had not appeared to be physically injured, when they saw her late that night, they said, and she told them she’d been at a fraternity party where she had been forced to have oral sex with multiple men. They offered to get her help, but she declined. While she may have given Erdely a fuller and more accurate description of the events—perhaps she was too shaken that night to tell the friends more—the discrepancies seem to be troubling her friends.

The Post also tracked down the man called “Drew” in the article, whom Jackie identified for the first time this week, and he said he had never met Jackie or taken her on a date. He could be lying, of course, but at the least, his account raises questions about Rolling Stone’s. He also was not a member of Phi Kappa Psi. The fraternity chapter issued a statement last week that said it would continue to coöperate with a police investigation into the charges, but had found no evidence for them. “Moreover, no ritualized sexual assault is part of our pledging or initiating process. This notion is vile, and we vehemently refute this claim.”

One of Jackie’s friends, “Andy,” whom the Rolling Stone article described as having advised her not to report what happened to her, told the Post he never spoke to a reporter from the magazine. (The original article leaves ambiguous whether Erdely confirmed this part of the story with anyone other than Jackie.) Andy said, “The perception that I’m gravitating toward is that something happened that night and it’s gotten lost in different iterations of the stories that have been told. Is there a possibility nothing happened? Sure. I think the truth probably lies somewhere in the middle.”

[SNIP]

Neither “Drew,” the central figure the Post tracked down, nor any of the other men at the fraternity party appear in the article outside of Jackie’s recollections of them. We don’t read about them denying the charge, or unwillingly lending support to it, or complicating or corroborating or casting doubt on Jackie’s account in any of the ways they might have. That makes for a remarkably weak piece of journalism, and an enormously frustrating situation. If this story does turn out to be largely false, it will do real damage to the important new movement to crack down on sexual assault on college campuses. “One of my biggest fears with these inconsistencies emerging is that people will be unwilling to believe survivors in the future,” Alex Pinkleton, a friend of Jackie’s who survived a rape and a rape attempt at U.V.A., said to the Post. “However, we need to remember that the majority of survivors who are coming forward are telling the truth.” She went on, saying, “While the details of this one case may have been misreported, this does not erase the somber truth this article brought to light: rape is far more prevalent than we realize, and it is often misunderstood and mishandled by peers, institutions, and society at large.” She’s exactly right.

When Hanna Rosin interviewed her on Slate’s DoubleX podcast, she asked Erdely several times about whether she attempted to contact the accused men, and this is what Erdely told her:

I reached out to them in multiple ways. They were kind of hard to get in touch with because [the fraternity’s] contact page was pretty outdated. But I wound up speaking … I wound up getting in touch with their local president, who sent me an e-mail, and then I talked with their sort of, their national guy, who’s kind of their national crisis manager. They were both helpful in their own way, I guess.

That isn’t exactly journalistic due diligence in a case where such extreme allegations are being made. As a journalist, it’s hard to talk to sources who may contradict a vulnerable person with whom you empathize, and in whom you have invested your trust. I hate that part of reporting, and would skip it if I could—but you can’t.

[SNIP]

…“Believe the Victims” makes sense as a starting presumption, but a presumption of belief should never preclude questions. It’s not wrong or disrespectful for reporters to ask for corroboration, or for editors to insist on it. Truth-seeking won’t undermine efforts to prevent campus sexual assault and protect its victims; it should make them stronger and more effective.

For additional backstory on the matter, read the story by the Washington Post’s T. Reese Shapiro, which originally questioned the Rolling Stone reporting.

Posted in ACLU, Inspector General, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Rape | 1 Comment »

“A Civil War Has Torn the Department Apart” – New Los Angeles County Sheriff Jim McDonnell is Sworn In

December 2nd, 2014 by Celeste Fremon



“A LONG PERIOD OF UNCERTAINTY AND TRAUMA”

After a day of much needed rain, the weather had cleared and the city seemed once-again washed clean as, just after 2 pm on Monday, Jim McDonnell was sworn in as the 32nd Los Angeles County Sheriff.

McDonnell made his way up to the stage of LA’s completely packed Hall of Justice to the music of live bagpipes. The bagpipes are becoming a new tradition for the Irish cop who came to LA from Boston to join the Los Angeles Police Department nearly 34 years ago, then worked his way up the ranks until he was second in command to that other Bostonian cop, Bill Bratton. After being shortlisted for the job of chief twice, McDonnell left the LAPD to head up Long Beach’s ailing department. Now he is poised to lead the complex and spectacularly troubled LASD, the fourth largest law enforcement agency in the nation.

It is job for which many feel he is unusually well suited.

After the requisite welcome remarks were delivered by presiding LA County Superior Court Judge David Wesley, followed by an invocation by LA Archbishop Jose Gomez, and still more remarks from Supervisor Mike Antonovich, the main event arrived: LA District Attorney Jackie Lacey administered the oath of office to McDonnell. (Although most of LA County’s major elected officials would come to endorse him, Lacey was one of McDonnell’s earliest and most ardent supporters.)

Next, the newly-minted sheriff’s wife, Kathy McDonnell, along with Megan McDonnell, one of his two daughters, pinned the LASD’s six-pointed star on their man’s chest.

When finally was time for McDonnell to give his own speech. it didn’t take him long to get to the heart of the matter:

“This organization has been through a long period of uncertainty and trauma….” he said.

“I have seen the despair in many of you who sought to rise above the divisions and the turbulence of recent years.

“Many of you felt you were being asked to choose between what was best for the organization and what was best for a few people who were only trying to serve themselves.”

McDonnell paused for a beat, then went on.

“I am telling you that, as of today, those days are gone.”

It was the biggest applause line of the afternoon.

“You have been through a Civil War that has torn the department apart,” McDonnell continued. “Now is the time for us to move beyond past divisions and fractures, to heal, and to emerge as a better and stronger organization. Today, we have the opportunity to start fresh, to hit the reset button and to welcome in a new era at the Sheriff’s Department.”

For much of the speech, the new sheriff spoke directly to the department’s 18,000 employees, several hundred of whom had showed up in their dress uniforms to see the new guy sworn in.

“I want to be crystal clear about my expectations of you, as well as what you can expect of me,” McDonnell told them.

Then he ticked off some of those expectations:

* We will set aside disputes and factions of the past and focus, together, on our core mission and building our future.

* We will identify and build upon our strengths, and also be equally forthright in identifying – and working to address – our weaknesses.

* We know that Patrol is important, but so is Custody. We will treat Custody as an equally vital mission of the Department and respect this key aspect of our work, just as we respect those entrusted to us and in our care within our jails.

* We will welcome the watchful eye of our community and work with our federal partners to address past problems. We will embrace oversight as a mechanism to help us move beyond our challenges and to help achieve our shared goals.

* We will develop a culture in which career paths and promotions in the Department are the result of character, competence and compassion, as performed with a sense of humility and based on a foundation of respect.

* Everyone will be afforded a fair chance to succeed—and merit, not external considerations, will serve as the guideposts for success in this Department.

At this last, many of the rank and file who stood along the back and side walls of the hall looked relieved and actually hopeful.

Yet, some of department’s higher ups who sat together near the front, still wore expressions that were serious and difficult to read.

NOTE: You can find a full text of Sheriff Jim McDonnell’s speech here.

The LA public officials who filled the front three or four rows of the hall, however, were uniformly effusive.

“This is historic,” said former district attorney Steve Cooley. “He’s a very special person…. The right man at the right moment.”

LAPD Chief Charlie Beck agreed. “The right man for the moment.”


THE TONE COMES FROM THE TOP

There was a reception following the swearing in, but before he went off to socialize, McDonnell first took twenty minutes to field questions from the reporters who clustered around him on the steps outside the building.

When asked if he had talked to officials at the U.S. Attorney’s Office about whether there would be further indictments of department members—present or former—McDonnell said he had not. “I needed to wait until today in order to have standing.”

But he would be having conversations, he said—then brought up the still looming spectre of a federal consent decree. His goal would be to work as closely with the feds as possible “to make whatever agreement as productive as it can be.’

He answered questions about body cameras (he’s for them), and about the diversion programs he favors for many of the mentally ill inmates, whom he said comprise 20 percent of LA’s jail population. “Diversion is a critical element,” he said.

WitnessLA asked McDonnell how he plans to undo the pay-to-play, patronage culture that became so deeply entrenched in the department. McDonnell said the change would start right now, today, “by setting the tone from the top.” Department members, he said, are “looking for clear direction.”

As to whether there are parts of the existing command structure that he’ll need to dismantle:

“As I go forward, I want to give everybody a fair shot,” McDonnell said, adding that he and his team would also take “a hard look” to see if people are where they are supposed to be.

“We’ll take care of it on a case-by-case basis.”


LEE BACA WEIGHS IN

Former sheriff Lee Baca was also present at the swearing in. He sat in the front row with former California governor Gray Davis.

After the swearing in was over, Baca praised McDonnell’s speech, and chatted volubly about the challenges the new sheriff would face. Then, when when asked to reduce his advice for his successor to elevator pitch-length, Baca thought for a moment, then offered the following:

“Being the sheriff is very personal. It’s not just a professional experience. Its failures are personal. The key is to stay in the center of what is positive. A strong sheriff knows what pain is and can handle it.”

All photos by WLA

MCDONNELL OATH OF OFFICE SPEECH TEXT VERSION DELIVERED FINAL

Posted in Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Los Angeles Mayor, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca | 13 Comments »

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