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LA Times’ Sheriff Stories, Lower Recidivism Rate for Kids on In-Home Probation vs. Probation Camp…and More

April 16th, 2014 by Taylor Walker

TWO NOTEWORTHY LASD-RELATED LA TIMES STORIES

The LA Times has two worthwhile sheriff’s department-related stories we don’t want you to miss:


CHECKING IN WITH SHERIFF JOHN SCOTT AND THE POST-BACA LA COUNTY SHERIFF’S DEPARTMENT

Since he replaced Lee Baca in February, Sheriff John Scott has made significant adjustments to the scandal-plagued Los Angeles Sheriff’s Department. One of Scott’s first acts as sheriff was to turn the controversial members-only smoking patio into an open barbecue space for all LASD employees. It was a symbolic move.

Since then, Scott has dismissed seemingly politically-placed field deputies and reserve deputies, and bolstered the department’s hiring requirements and academy, among other changes.

The LA Times’ Cindy Chang takes a look at how (interim) Sheriff Scott has started the task of turning the department in a new direction. Here’s a clip:

Soon after taking office, Scott got rid of the four politically connected field deputies who drew six-figure salaries and answered directly to Baca.

Recently, his housecleaning extended to some volunteer reserve deputies who carry badges and, in some cases, guns. About 40 of the department’s roughly 800 reserves have been let go, officials said. The reserve program came under scrutiny several times during Baca’s tenure, often over allegations of politically connected people being given special treatment to become reserves.

In 2010, a state report found that the department gave reserve badges to people who flunked mandatory law enforcement tests. As a result, 99 reserves were stripped of their badges.

One of the reserve deputies who recently was asked to resign was Gary Nalbandian, a Glendora auto shop owner and Baca fundraiser. Nalbandian made headlines in 2006 when as head of Baca’s homeland security support advisory board, he distributed official-looking photo identification to 48 local business owners and political donors who made up the group.

In a letter to The Times, Nalbandian said he was being forced out because he is not supporting the candidacy of two sheriff’s captains seeking to replace Baca. “It is my strong belief that I was politically targeted,” he wrote.

Scott did not say why he pushed Nalbandian out. But in describing several of his moves, Scott argued that he was trying to take the politics out of the department.

“There were a lot of people brought into this department for political reasons,” he said.

Scott is both an insider and an outsider, a 36-year department veteran who retired in 2005, then became undersheriff in Orange County. After Baca resigned, the Board of Supervisors brought Scott, 66, back to lead the troubled agency until the winner of a seven-man election takes over at the end of the year.

Nearly three months into his tenure, Scott has ruffled a few feathers but is generally winning praise as he treads the line between not doing enough and doing too much.


PATRISSE CULLORS AND THE COALITION TO END SHERIFF VIOLENCE IN LA JAILS

The LA Times’ Abbey Sewell has an excellent profile on Patrisse Cullors, an activist against the “culture of violence” in LA County Jails. Spurred on by her brother and father’s encounters with the LASD and jail system, Cullors formed the Coalition to End Sheriff Violence in LA Jails. The advocacy group has kept meaningful pressure on the LA County Board of Supervisors to establish civilian oversight.

Here are some clips:

Outside the bunker-like county jail complex, bail bondsmen hover by the visitors’ entrance, thrusting fliers at potential customers as they file in to see husbands, sons and friends. Along the sidewalk, taxi drivers hustle for fares among newly released inmates who pace about, dialing cellphones, reconnecting and searching for rides.

A young woman with a short shock of dreadlocks atop a mostly shaved head set off by chunky gold earrings joins them. She has a brisk walk, a broad smile — and a clipboard.

Patrisse Cullors, self-described “freedom fighter, fashionista, wife of Harriet Tubman,” comes to the jail complex regularly in search of recruits to her 18-month-old campaign to upend what she contends is a culture of violence among deputies inside the walls.

[SNIP]

Cullors and a small group of fellow activists have helped gain new respect and momentum in the halls of power for a once-floundering idea: creating a civilian commission to oversee the troubled L.A. County Sheriff’s Department.

For more than a year, Cullors’ Coalition to End Sheriff Violence in L.A. Jails has applied steady pressure on the county Board of Supervisors, in part by trying to organize a large and unlikely bloc of county voters — former jail inmates. The coalition hopes it can become a constituency with clout in the June election to replace former Sheriff Lee Baca, who unexpectedly stepped down in January.

His department had been under scrutiny by media and advocates for years over alleged abuses in the county jails. A federal investigation led to criminal charges against 18 current and former sheriff’s deputies late last year.

County Supervisor Mark Ridley-Thomas, who has pushed for civilian oversight of the department, lent support to Cullors’ effort from the start. But others are skeptical of setting up a commission with no legal power over the elected sheriff.

“They have a legitimate point of view, a point of view that I actually agree with,” Supervisor Zev Yaroslavsky said. “Where we have a parting of ways is, doing what they want to do is not going to accomplish what they want to accomplish.”

Still, Cullors’ group made sure the issue stayed on the supervisors’ radar — in part by recruiting dozens of former inmates to call Yaroslavsky’s office.

Miriam Krinsky, executive director of the board-appointed blue ribbon commission that studied jail violence in 2012, appreciates the group’s efforts:

“The constant drumbeat that they were able to sound underscored for everyone on the commission the importance of the work we were doing.”


LOS ANGELES KIDS SERVING IN-HOME PROBATION HAVE LOWER RECIDIVISM RATES THAN THEIR PEERS IN PROBATION CAMPS (AND GROUP HOMES)

Kids who are sentenced to in-home probation are far less likely to re-offend than kids sentenced to time in probation camps, according to a paper published in Social Work Research, by scholars Joseph Ryan (University of Michigan), Laura Abrams (UCLA), and Hui Huang (Florida International University). Using data predominantly from the LA Department of Child and Family Services and the LA County Dept. of Probation between 2003-2009, the paper’s authors found that kids in probation camps and group homes were more 2.12 and 1.28 times more likely to re-offend than kids serving probation at home, respectively.

Alexandra Raphel of Journalists’ Resource has a helpful summary of the paper, which is stuck behind a paywall. Here are the key findings:

Rates of re-offending varied significantly relative to youths’ punishment and treatment: “Compared with in-home probation, the likelihood of recidivism was 2.12 times greater for youths assigned to probation camp and 1.28 times greater for youths assigned to group homes.”

“Within the first year only, 13% of youths assigned to in-home probation experienced a subsequent arrest. Twice as many (26%) probation camp youths and 17% of group-home youths experienced a subsequent arrest within the same time period.”

“At five years, 39% of in-home probation cases, 47% of group-home placements, and 65% of probation camp placements were associated with a new offense.”

“Male youths are significantly more likely to recidivate [re-offend] as compared with female youths, and African American youths are significantly more likely to recidivate as compared with both Hispanic and white youths.”

However, “African American and Hispanic youths were more likely to receive placement in either a probation camp or group-home setting as compared with white youths adjudicated for a similar offense.”

Certain family-related factors were correlated with negative outcomes: “The risk of recidivism was 1.36 times greater for youths with an open child welfare case.”


A WELCOME MOVE BY THE LA DA’S OFFICE TO BOOST ELECTRONIC REPORTING OF SUSPECTED CHILD ABUSE

In anticipation of the forthcoming recommendations by the Blue Ribbon Commission on Child Protection, the LA County DA’s office has been hearteningly proactive, requesting the hiring of three paralegals and an attorney to the office that manages the Electronic Suspected Child Abuse Reporting System (E-SCARS). This software, a crucial inter-agency (DCFS, LASD, DA, LAPD, etc.) database for reporting child abuse, is currently underfunded and under-utilized.

Daniel Heimpel has the story in his publication, the Chronicle of Social Change. Here are some clips:

The Los Angeles County District Attorney’s Office has asked the county’s chief executive to pay for three paralegals and an attorney to beef up the underfunded unit that oversees electronic tracking of suspected child abuse.

The request suggests that officials are anticipating increased costs and accountability for electronic reporting, which is expected to be one of many recommendations offered by the county’s Blue Ribbon Commission at the end of the week.

The allocation, which was not included as a line item in CEO William Fujioka’s recommended budget released on April 15, would be used “to create a unit within the Department’s Family Violence Division to more efficiently and accurately comply with its duty to audit Suspected Child Abuse Reports (SCARS) cross-reporting in the County, as recommended by the Board-approved Blue Ribbon Commission on Child Protection.”

[SNIP]

Since being launched in 2009, the system – which provides a database for all child abuse allegations and the disposition of follow up investigations – has been administered by one full-time and one part-time employee in the district attorney’s Family Violence Division.

There has been no money to pay for software updates. Further, there has been little capacity to ensure that DCFS, the district attorney, the Sheriff’s Department and the county’s 45 other law enforcement agencies were acting on the child abuse reports coming into their computer terminals.

ESCARS “can tell the operator how long it took law enforcement to open a SCAR [child abuse report] and close it,” [Commissioner Dan] Scott said. “We saw huge discrepancies.”

Scott pointed to the percentage of calls of suspected child abuse that wound up being charged as crimes. At some agencies, “six to seven percent turned into crimes, while at other agencies the number was around 30 percent. There is something wrong there.”

Posted in Foster Care, juvenile justice, LA County Jail, LASD, Probation | 62 Comments »

Sex Trafficked Boys Overlooked as Victims….Trials for Sheriff’s Department Members Indicted for Hiding Federal Informant Schedules for May…..Pulitzers…and More

April 15th, 2014 by Celeste Fremon


SEXUALLY TRAFFICKED BOYS ARE SEEN AS VICTIMS LESS OFTEN

It is heartening that kids who are involved in sex trafficking are now being seen—for the most part anyway—as victims to be protected and helped, rather than lawbreakers subject to arrest.

Unfortunately, this understanding that kids are the victims in the equation does not apply equally to both genders, writes Yu Sun Chin in his reports for the Juvenile Justice Exchange.

According to Chin, although boys represent over 50 percent of the kids commercially trafficked for sex in the U.S., they are still too often seen as perpetrators not victims by law enforcement.

Here’s a clip:

For years, the sex trade was ‘their’ problem, a heinous part of culture in poorer nations. But attention here to sex trafficking has slowly increased in recent years with the reauthorization of the Trafficking Victims Protection Reauthorization Act and other federal state laws.

Still, males remain a largely invisible population within the dialogue on sex trafficking. According to a 2008 study by the John Jay College of Criminal Justice, in fact, boys comprised about 50 percent of sexually exploited children in a sample study done in New York, with most being domestic victims.

However, the percentage of male victims may be higher due to the underreported and subversive nature of the crime, said Summer Ghias, program specialist for the Chicago-based International Organization for Adolescents.

“We’re conditioned as a community to identify female victims more readily,” she said, “because that has been the more prominent focus of the anti-trafficking movement.”

Despite these high percentages of commercially sexually exploited boys, a 2013 study by ECPAT-USA indicates that boys and young men are rarely identified as people arrested for prostitution or rescued as human trafficking victims, and are arrested more for petty crimes such as shoplifting.

Experts say that the law enforcement’s attitudes toward male victims are still weighed down by gender biases in trafficking discourse, which pins females as victims and males as perpetrators. Therefore, male victims in custody often fall through the cracks of services that could be offered to help them because they are not properly assessed for sexual exploitation.


THOSE INDICTED FOR THE HIDING OF FEDERAL INFORMANT ANTHONY BROWN WILL BEGIN TRIAL IN MAY SAYS JUDGE

In a hearing on Monday afternoon, Federal Judge Percy Anderson ordered that trials begin in mid-May for LA Sheriff’s Department defendants charged for their alleged part in the hiding of FBI informant Anthony Brown.

At the same hearing, Anderson agreed to grant a motion to sever the trial of Deputy James Sexton from that of the six other defendants (lieutenants Greg Thompson and Stephen Leavins, plus two sergeants, Scott Craig and Maricella Long., and deputies Gerard Smith, Mickey Manzo.)

As expected, Anderson denied a list of other motions brought by attorneys representing Sexton and several of the others, including motions to dismiss charges. (WLA reported on some of the motions filed by defendants here and here.)

As the cases speed toward trial, the main question that hangs in the air is whether the U.S. Attorneys Office will eventually indict any of the higher-ups who are said to have ordered the hiding of Brown, or if only those allegedly following those orders (including whistleblower Sexton, who will now be tried separately from the other six) will be threatened with prison terms and felony records.


KPCC INTERVIEWS PAUL TANAKA

KPCC’s Frank Stoltze interviews Paul Tanaka as part of Stoltze’s continuing series on the LASD Sheriff’s candidates for KPCC.

Here’s a clip:

Early on, Tanaka had little interest in being a cop. It’s hard to imagine now, but the buttoned-down Tanaka once wore a ponytail. “A lot of people had long hair back in the 1970s,” he explains.

He also adhered to the cultural rules in his strict Japanese-American household in Gardena, earning a black belt in Aikito and respecting his parent’s wishes.

“In an Asian family, you’re going to be a doctor or an attorney or a CPA,” says Tanaka, sporting a dark suit and tie on a recent afternoon at his campaign headquarters in Torrance.

He was an “A” student, studying accounting at Loyola Marymount University and holding down two jobs — one as a janitor, one making sports trophies — when his life changed. He spent a day on patrol with a sheriff’s deputy as part of a class and fell in love with policing.

It took years for Tanaka’s father to fully accept his eldest son’s decision. The young man had to adjust too:”One of the more traumatizing things was I had to do was cut my hair.”

Early in his career, Tanaka says he faced racial epithets in a mostly white department. He ignored most, chalking it up to ignorance. Over the years, the certified public accountant gained a reputation as detail-oriented — a commander who knew more about your job than you did.

Tanaka grew close to Baca, who eventually appointed him undersheriff. Tanaka became the heir apparent. The jail violence scandal that surfaced three years ago changed all of that.

Did he know about deputy abuse of inmates when he ran the jails from 2005-07? Tanaka claimed ignorance to the Citizens Commission on Jail Violence.

“It was never brought to my attention,” he said in his testimony.

What about violent deputy cliques inside Men’s Central Jail?

“That was never, ever mentioned as a problem,” he said.


CANDIDATES FOR LA COUNTY SHERIFF CONTINUE TO UP THE ANTE WITH EACH OTHER IN DEBATE MONDAY

All seven candidates for the office of LA County Sheriff squared off again on Monday night. KNBC 4 reports on some fiery moments.

Last Monday night’s mistaken fatal shooting by sheriff’s deputies of aspiring television producer, 30-year-old John Winkler, during a hostage stand-off, could not help but provide an emotional backdrop for the debate, some of those present reported.


THE PULITZER PRIZES EVOLVE

Much is rightly being made over the fact that one of this year’s Pulitzer Prizes for journalism was awarded jointly to the Guardian US and the Washington Post for their coverage of the Edward Snowden/NSA revelations.

It is also notable, however, that the Pulitzer for Investigative Reporting went—not to any conventional news outlet—but to reporter Chris Hamby who writes for the Center for Public Integrity, an independent, non-profit news site that is one of many throughout the U.S. (WitnessLA included) that have filled in the gaps left as traditional news organizations cut back their coverage, often leaving vital issues underreported.

Both prizes are cheering signs.

EDITOR’S NOTE: While we’re on the subject of Pulitzers, I happen to heartily approve of the Pulitzer judges’ choice of Donna Tartt’s deliciously Dickensian novel The Goldfinch as the winner for the prize in Fiction.


And, speaking of literary prizes, here are the winners of the Los Angeles Times Book Prizes, announced this past Friday night.

(I was on the judging panel for the Current Interest Prize and my fellow judges and I are very proud of our winner—Sheri Fink for Five Days at Memorial: Life and Death in a Storm-Ravaged Hospital—as well as all five of our finalists.)

Posted in 2014 election, American artists, American voices, FBI, Future of Journalism, juvenile justice, LA County Jail, LASD, Paul Tanaka, U.S. Attorney, writers and writing | 29 Comments »

Blue Ribbon Commission’s Foster Care Report…Dysfunction-Plagued $840M State Medical Prison…Judge Orders CA to Limit Pepper Spray & Isolation of Mentally Ill Prisoners…LA News Group Backs McDonnell for Sheriff

April 14th, 2014 by Taylor Walker

CALIFORNIA MEDICAL PRISON STRUGGLING WITH STANDARD INMATE CARE STILL CLOSED TO NEW ADMISSIONS

In February, we linked to the LA Times reporter Paige St. John’s story about the shocking conditions inmates endured at California’s newest prison, a medical facility in Stockton. The federal receiver overseeing healthcare in California’s prisons, Clark Kelso, had halted admissions at the California Health Care Facility after an inspection team dispatched by prisoners’ lawyers found inmates in broken wheelchairs, using dirty socks to towel off, and sleeping in feces, among other horrors.

Kelso has not yet lifted the ban on new admissions, saying that the Stockton facility is still not ready.

Paige St. John takes a closer look at conditions within the $840 million medical prison and what it will take to turn things around. Here’s how it opens:

California’s $840-million medical prison — the largest in the nation — was built to provide care to more than 1,800 inmates.

When fully operational, it was supposed to help the state’s prison system emerge from a decade of federal oversight brought on by the persistent neglect and poor medical treatment of inmates.

But since opening in July, the state-of-the-art California Health Care Facility has been beset by waste, mismanagement and miscommunication between the prison and medical staffs.

Prisoner-rights lawyer Rebecca Evenson, touring the facility in January to check on compliance with disabled access laws, said she was shocked by the extent of the problems.

“This place was supposed to fix a lot of what was wrong,” she said. “But they not only were not providing care, but towels or soap or shoes.”

Reports filed by prison staff and inmate-rights lawyers described prisoners left in broken wheelchairs and lying on soiled bedsheets. At one point, administrators had to drive into town to borrow catheters from a local hospital.

Prisoner advocates in January quoted nurses who complained they could not get latex gloves that fit or adult diapers that didn’t leak. The shortages were documented in a report sent to corrections officials in Sacramento.

Even the laundry became a battleground.

Over several months, the warden ordered more than 38,000 towels and washcloths for a half-opened prison housing slightly more than 1,300 men — nearly 30 for each patient.

Even so, prisoner advocates reported, inmates were drying off with socks — or not allowed showers at all. Their towels had been thrown away.

Deborah Hoffman, a spokeswoman for the state Department of Corrections, said problems are unavoidable for any new lockup, and in this case were complicated by the medical prison’s mission.

“It’s not uncommon for new facilities to have stops and starts,” Hoffman said, adding that “it is taking time to work out the bugs.”

But J. Clark Kelso, the court-appointed federal overseer for California’s prison medical system, said the facility’s woes go beyond shortages and missteps.

Speaking outside a March legislative hearing on the prison’s struggles, Kelso said a general apathy had set in with the staff.

“Because these really basic systems weren’t working, everybody kind of went into an island survival pattern,” he said. Adjusting to dysfunction, rather than fixing it, became “how we do things around here.”

The troubles at the new prison outside Stockton reflect the decade-long battle for control of California’s prisons, a system that also is the state’s largest medical care provider.

Read the rest of this complex but worthwhile story.

The above video by The Record of the California Health Care Facility’s dedication ceremony provides an interesting contrast between the prison’s design and original mission, and the current state of mismanagement and dysfunction as reported by Paige St. John.


MORE ON THE BLUE RIBBON COMMISSION’S FINAL REPORT ON THE PLIGHT OF FOSTER CARE IN LA COUNTY

On Friday, we pointed to the Blue Ribbon Commission on Child Protection’s impending report declaring Los Angeles child welfare in a “state of emergency.” Here are a few other items we didn’t want you to miss:

LA Daily News’ Christina Villacorte had this excellent story late last week about the commission’s preliminary report. (The commission will present the final report to the Board of Supervisors on April 19.) Here are some clips:

“The commission believes that there is a state of emergency that demands a fundamental transformation of the current child protection system,” it said in its final report…

[SNIP]

According to the report:

• “The commission heard testimony that infants spend hours on the desks of social workers due to a shortage of foster homes;

• “Many children do not receive the minimally required monthly visits by caseworkers;

• “Many youth reported to the commission that they could not even reach or trust their social worker;

• “Testimony included widespread reports of rude or dismissive treatment, a feeling of re-victimization.”

“In eight months of hearing hundreds of hours of testimony, the commission never heard a single person defend the current child safety system,” it said in its report.

But a spokesman for the county Department of Children and Family Services stressed its social workers are “beyond competent.”

“We save lives every day,” Armand Montiel said in an interview, pointing out DCFS investigates reports of abuse or neglect involving about 150,000 children annually while also serving about 35,000 children who have been taken from their own homes because of abuse or neglect.

He said “very, very few” of the DCFS’s active cases end in tragedy.

Commission chairman David Sanders — who headed the DCFS before becoming an executive at a nonprofit foundation — criticized the county’s child protection system for not having an integrated approach and reacting to crises instead of preventing them.

He urged the board to issue a mandate that child safety is a top priority, and to direct its various departments — DCFS, Sheriff, Public Health, Mental Health, Health Services, Public Social Services, Housing, Probation, Office of Education and various other agencies — to strategize together and blend funding streams, overseen by a new Office of Child Protection with the authority to move resources and staff across relevant departments.

On KPCC’s Take Two, Daniel Heimpel, founder of Fostering Media Connections, also provides some insights into the report and its implications, while while taking a stand for the many DCFS employees doing “good work.” Take a listen.

Among its many recommendations, the commission calls for an independent “Office of Child Protection” to rise above the bureaucracy and coordinate resources and staff across government departments to better serve LA’s most vulnerable.

An LA Times editorial reminds us that this is not a new idea. It is one that has been revisited every year since 2010 by the Board of Supervisors. But nothing has ever come of it. According to the editorial, the Board of Supervisors, creator of the Blue Ribbon Commission on Child Protection, is, itself, part of the problem.


FEDERAL JUDGE ORDERS CALIFORNIA CORRECTIONS DEPT. TO CHANGE ITS USE OF PEPPER SPRAY AND ISOLATION ON MENTALLY ILL PRISONERS

On Thursday, U.S. District Court Judge Lawrence Karlton ruled that California’s use of pepper spray and solitary confinement on mentally ill inmates violates their rights against cruel and unusual punishment. Karlton gave the state 60 days to revise its policies regarding both practices. (Judge Karlton is also a member of the three-judge panel that ordered the state to reduce its prison population.)

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

[Judge Karlton] offered a range of options on how officials could limit the use of pepper spray and isolation units when dealing with more than 33,000 mentally ill inmates, who account for 28 percent of the 120,000 inmates in California’s major prisons.

The ruling came after the public release of videotapes made by prison guards showing them throwing chemical grenades and pumping large amounts of pepper spray into the cells of mentally ill inmates, some of whom are heard screaming.

“Most of the videos were horrific,” Karlton wrote in his 74-page order.

Corrections department spokeswoman Deborah Hoffman said prison officials are reviewing the order.

Prison officials had already promised to make some changes in how much pepper spray they use and how long mentally ill inmates can be kept in isolation, but attorneys representing inmates said those changes did not go far enough.

Karlton gave the state 60 days to work with his court-appointed special master to further revise its policy for using force against mentally ill inmates.

The inmates’ attorneys and witnesses also told Karlton during recent hearings that the prolonged solitary confinement of mentally ill inmates frequently aggravates their condition, leading to a downward spiral.

Karlton agreed, ruling that placement of seriously mentally ill inmates in segregated housing causes serious psychological harm, including exacerbation of mental illness, inducement of psychosis, and increased risk of suicide.

[SNIP]

Karlton ordered the Department of Corrections and Rehabilitation to develop a plan to keep mentally ill inmates out of segregation units when there is a substantial risk that it will worsen their illness or prompt suicide attempts.

He found that keeping mentally ill inmates in isolation when they have not done anything wrong violates their rights against cruel and unusual punishment. He gave the state 60 days to stop the practice of holding mentally ill inmates in the segregation units simply because there is no room for them in more appropriate housing.


LA NEWS GROUP BACKS JIM MCDONNELL FOR LOS ANGELES COUNTY SHERIFF

The Los Angeles News Group (LA Daily News, Long Beach Press-Telegram, etc.) editorial board has officially endorsed Long Beach Police Chief Jim McDonnell for LA County Sheriff. (It will be interesting to see what the LA Times does.) Here’s a clip:

[The] new leader must be someone with experience running a law-enforcement agency, a clear eye for problems and the credibility to fix them.

Of the seven men running, one has that combination of qualities: Jim McDonnell.

The 54-year-old McDonnell has the most glittering resume, having served as second in command to former L.A. Police Chief Bill Bratton before leaving the L.A. Police Department for his current position as Long Beach police chief.

Beyond that, McDonnell has tackled reforms before. With the LAPD, he was a major force in transforming the force in the wake of the Rampart corruption scandal. In 2011 and 2012, he served on the Citizens’ Commission on Jail Violence that issued a 200-page report detailing more than 60 recommendations for the Sheriff’s Department and its jail division; every other member of the commission has endorsed McDonnell for sheriff.

The five candidates who are veterans of the Sheriff’s Department hierarchy insist the next sheriff will need an insider’s knowledge to be able to quickly identify the trouble spots in the gigantic agency, which boasts 18,000 employees, including 9,000 with deputy badges. But McDonnell makes a good point in response: As an outsider, he told the editorial board, “I think I’ll come in and see things that it’ll take others longer to see.”

He’ll have to live up to that…

Posted in CDCR, DCFS, LASD, Mental Illness, prison policy, solitary, Uncategorized | 3 Comments »

LA Sheriff’s Debaters Finally Start to Draw Blood…. & More

April 9th, 2014 by Celeste Fremon


If we are to judge by the last two debates featuring the men who hope to become the next LA County sheriff,
there is not a whole lot of difference between the candidates when it comes to…..well…just about anything.

They are all for a civilian oversight body to monitor the department, even if they differ on what legal powers that body should have. (And Pat Gomez would eliminate the newly-created but power-lite position of Inspector General altogether.) They think term limits for the office of sheriff would be swell. (They’d go for three terms.) They adore community policing. No, they don’t want to do ICE’s job for it. They’re longing for accountability, transparency, and to restore the public trust. They believe in educating people when they’re in jail. They would all rehire Assistant Sheriff Terri McDonald, the Baca hire from the CDCR who is presently overseeing the department’s custody division.

And so on.

For a while, at the Tuesday night debate hosted by Loyola Marymount University, it was more of the same, despite the very capable efforts of the debate moderator, LMU prof Fernando Guerra.

Yes, some of the candidates brought up variations on the theme that showed they’d thought deeply on this or that topic, and were not merely a Johnny Come Lately.

There was also a little bit personal sniping. For instance, as it did on Sunday, the matter of who might or might not have ankle tattoos came up briefly. And Jim Hellmold attempted to set himself apart from the pack by repeatedly noting that he was the youngest of the candidates and implying that everyone else was…well…old.

Bob Olmsted had a bracing moment when the panel members were asked if there were deputy cliques or gangs within the organization.

“Absolutely we’ve got cliques,” he said, “and I’ve got some pictures.” With that Olmsted whipped out a couple of photos for the cameras filming the event, one showing a young Tanaka throwing a “C” for Carson sign while posed with a bunch of other then young department members. The second a photo of a drawing of a skull backed by a so called deadman’s hand, which is reportedly the tattoo design sported by members of one of the newer deputy gangs, the Jump Out Boyz.

But, mostly the sheriff hopefuls gave the impression that, when it came to the broad strokes of policy, there was more accord than difference.

Finally Guerra managed to break through the wall of sameness when he asked all six of the candidates to name what they saw as the number one scandal of all the department’s many problems.

(Only six were present as Lou Vince was absent)

Even then, for a minute it looked as though the group would homogenize this question too, when four in a row named the prime scandal as inmate abuse in the jails—although some gave edgier answers than others. (Tanaka and Hellmold both were reluctant to admit to any real corruption in the organization.)

Jim McDonnell said it was hard to choose, that there were so many scandals, and he talked of “the abuse of authority that’s been sanctioned up to the highest levels of the organization…”

Bob Olmsted too named abuse in the jails, but then he went further and said that the worst part of the whole thing was that the department hid what it was doing when the FBI began investigating, which resulted in indictments. “Three of the four supervisors out of the 20 who were indicted were from our criminal investigative unit. They were the ones who were supposed to be investigating, but they needed to be investigated and we were indicted.”

But it was Assistant Sheriff Todd Rogers who finally drew his metaphorical stiletto and began slashing.

“Well,” he said drolly without so much as a telltale glance at his neighbor, who happened to be Paul Tanaka, “I think smuggling bullet proof vests to Cambodia was a pretty big deal.”

Then barely pausing for breath he continued. “But in terms of the single most defining moment of corruption and mismanagement, I’m going to have to go with the Anthony Brown case where at the highest level of our organization ordered deputies sergeants and lieutenants to hide an informant from the FBI, to pretend that he was released from our custody…. And to change his name and move him from facility to facility to the FBI couldn’t find him. I think it’s reprehensible that we have deputies, sergeants and lieutenants who were following orders from the highest levels of the organization…

“I’m told that the previous occupant of my office was giving the direction to hide this inmate from the FBI.
Those people [who were ordered to do the hiding] are indicted for federal crimes and they’re facing trial starting this May. And those people who gave them the orders, who gave them the directions… are walking around free.

“That to me is the defining moment of corruption and mismanagement of the Los Angeles County Sheriff’s Department.”

Boo-yaa!

And while we’re on the topic of dutiful order-followers in a paramilitary organization facing having their lives wrecked, not to mention real prison time, while those who actually gave the orders are thus far facing exactly zero consequences….oh, FBI and U.S. Attorney’s Office, are you listening…? You do plan to go higher with your indictments, right? Right????


AND WHILE WE’RE ON THE TOPIC OF LAW ENFORCEMENT, THERE’S THE MATTER OF 80 OF THE LAPD’S SURVEILLANCE CAMERAS BEING DISMANTLED AND THE FAILURE OF DEPARTMENT BRASS TO INVESTIGATE

This is not a heartening story.

The LA Times Joel Rubin has the rest of the details. Here’s a clip:

Los Angeles police officers tampered with voice recording equipment in dozens of patrol cars in an effort to avoid being monitored while on duty, according to records and interviews.

An inspection by Los Angeles Police Department investigators found about half of the estimated 80 cars in one South L.A. patrol division were missing antennas, which help capture what officers say in the field. The antennas in at least 10 more cars in nearby divisions had also been removed.

LAPD Chief Charlie Beck and other top officials learned of the problem last summer but chose not to investigate which officers were responsible. Rather, the officials issued warnings against continued meddling and put checks in place to account for antennas at the start and end of each patrol shift.

Members of the Police Commission, which oversees the department, were not briefed about the problem until months later. In interviews with The Times, some commissioners said they were alarmed by the officers’ attempts to conceal what occurred in the field, as well as the failure of department officials to come forward when the problem first came to light.


ONE TIME BACA’S BIGTIME HOLLYWOOD PAL, BRIEFLY TURNED TANAKA PAL, IS NOW SHERIFF’S CANDIDATE JAMES HELLMOLD’S VERY, VERY HELPFUL PAL

The New York Post has the story. (And why aren’t local LA outlets reporting on this? Just curious.)

Here’s a clip:

Hollywood producer and financier Ryan Kavanaugh is pushing to make some changes to LA law enforcement after ruffling the feathers of former LA Sheriff Lee Baca.

The Relativity CEO was accused last year of improperly landing a helicopter on a Sheriff’s Department helipad while visiting Paul Tanaka — a former undersheriff who was planning to run for Baca’s office, and whom Kavanaugh was assumed to be backing. (The LA district attorney dropped any criminal investigation over the chopper flap.)

But last week, Kavanaugh instead threw a fund-raiser for rival LA County Sheriff candidate James Hellmold. The event was hosted at Kavanaugh’s hanger at the Santa Monica airport, where guests including Ron Burkle and Leonardo DiCaprio chatted with Hellmold and his wife.

Posted in 2014 election, Board of Supervisors, FBI, LA County Jail, LAPD, LASD, U.S. Attorney | 49 Comments »

LAPD Wilshire Station Shooting, Debunking the “Superpredator,” Breaking the Cycle of Repeat Victimization…and More

April 8th, 2014 by Taylor Walker

GUNMAN OPENED FIRE IN LAPD WILSHIRE STATION, INJURED AN OFFICER

An LAPD officer was wounded in a shooting Monday night at the Wilshire station.

An unnamed gunman walked through the front doors and shot at two desk officers in the lobby. The officers returned fire and took down the gunman. One officer was shot seven times according to Chief Charlie Beck, but was saved by his vest and only sustained a shoulder wound. The gunman is in critical condition.

We’ll let you know as we know more. Our best wishes are with the officer and his family.

Jason Kandel, Andrew Blankstein and Beverly White have the story for NBC4. Here’s a clip:

A Los Angeles officer was shot and wounded by a gunman who walked into a police station lobby with “a complaint” and opened fire, officials said.

The officer, a seven-year veteran of the LAPD, was shot seven times – three times in the vest and four times in his extremities, officials said. He was taken to Cedars-Sinai Medical Center.

“He is in great spirits,” LAPD Chief Charlie Beck said outside the hospital. “Remarkable young man. Very, very lucky.”

The gunman was taken to the hospital in critical condition, Kato said.

The violence broke out at 8:30 p.m. at the LAPD’s West Traffic Division, which is housed in the Wilshire Division, in the Mid-City area of LA.


HISTORY OF THE “SUPERPREDATOR” OF THE 90′S

In the early 90′s a wave of teen violence prompted some criminologists and political scientists to forecast the emergence of a new breed of children—”superpredators”—impulsive kids without compassion who would commit innumerable violent crimes.

Their fear-mongering was perpetuated by many news sources and politicians, and prompted a string of reactionary and harmful juvenile justice laws across the country.

But instead of a horde of “superpredator” children, Department of Justice data showed that the teenage violent crime rate actually dropped a whopping two-thirds from 1994 to 2011.

As part of the RetroReport documentary series, the NY times has a video (above) and story by Clyde Haberman about the rise and fall of the “superpredator” mania and its repercussions. Here’s how it opens:

As the police and prosecutors in Brooklyn tell it, Kahton Anderson boarded a bus on March 20, a .357 revolver at his side. For whatever reason — some gang grudge, apparently — he pulled out the gun and fired at his intended target. Only his aim was rotten. The bullet struck and killed a passenger who was minding his own business several rows ahead: Angel Rojas, a working stiff holding down two jobs to feed his family of four.

Not surprisingly, the shooter was charged with second-degree murder. Not insignificantly, prosecutors said he would be tried as an adult. Kahton is all of 14.

That very young people sometimes commit dreadful crimes is no revelation. Nor is the fact that gang members are to blame for a disproportionate amount of youth violence in American cities. But it is worth noting that in Kahton’s situation, no one in authority or in the news media invoked a certain word from the past with galvanic potential. That word is “superpredator.”

Had this Brooklyn killing taken place 20 years ago, odds are that some people would have seized on it as more evidence that America was being overwhelmed by waves of “superpredators,” feral youths devoid of impulse control or remorse.

Their numbers were predicted as ready to explode cataclysmically. Social scientists like James A. Fox, a criminologist, warned of “a blood bath of violence” that could soon wash over the land. That fear, verging on panic, is the subject of this week’s segment of Retro Report, a series of video documentaries that examine major news stories from years ago and explore what has happened since.

What happened with the superpredator jeremiads is that they proved to be nonsense. They were based on a notion that there would be hordes upon hordes of depraved teenagers resorting to unspeakable brutality, not tethered by conscience. No one in the mid-1990s promoted this theory with greater zeal, or with broader acceptance, than John J. DiIulio Jr., then a political scientist at Princeton. Chaos was upon us, Mr. DiIulio proclaimed back then in scholarly articles and television interviews. The demographics, he said, were inexorable. Politicians from both major parties, though more so on the right, picked up the cry. Many news organizations pounced on these sensational predictions and ran with them like a punt returner finding daylight.

But a funny thing happened on the way to the apocalypse. Instead of exploding, violence by children sharply declined. Murders committed by those ages 10 to 17 fell by roughly two-thirds from 1994 to 2011, according to statistics kept by the Justice Department’s Office of Juvenile Justice and Delinquency Prevention. Mugged by reality, a chastened Mr. DiIulio has offered a mea culpa. “Demography,” he says, “is not fate.” The trouble with his superpredator forecast, he told Retro Report, is that “once it was out there, there was no reeling it in.”


REDUCING REPEAT VICTIMIZATION IN CALIFORNIA

Many Californians who experience repeat victimizations do not take advantage of trauma services according to a new report by Heather Warnken of Chief Justice Earl Warren Institute of Law and Social Policy at UC Berkeley (and commissioned by Californians for Safety and Justice). Prolonged and repeated victimization can have long-term, serious psychological consequences.

The report calls for things like increased access to trauma services in spaces that are not justice-system affiliated, and building trust between communities and law enforcement with officer training.

Here are the report’s key findings and recommendations:

The report led to the following key findings:

Many repeat victims do not access trauma services.

Repeat victims who utilized services often accessed them much later – often for reasons other than the original crime.

The failure or inability of a survivor to report a crime to law enforcement can jeopardize their ability to access services.

The collateral consequences to survivors grow without effective services and stability.

The report recommends:

Increasing state support for a diversity of trauma-recovery services, including more options in communities and at venues unaffiliated with the justice system;

Building trust with law enforcement through training and other methods to address the perceived “empathy divide;”

Allowing for multi-disciplinary, trauma-informed first-response teams; and

Promoting resource and referral counseling, and access to job-support, transitional housing and other longer-term resources necessary for stabilization.

KPPC’s Rina Palta has more on the report.


THE PROBLEM WITH PUNISHING INDIVIDUALS FOR CRIMINAL JUSTICE FAILURES

Criminal justice errors are not uncommon: prosecutorial misconduct and coerced false confessions land innocent people behind bars, and preventable deaths and injuries can and do occur in jails and prisons.

Stephen Handelman, executive editor of the Crime Report, says that targeting and punishing the rogue prosecutor or the jail guard who neglected the medical needs of an inmate does not actually do anything to fix the system that allowed the error.

By using a system-based approach to prevent misdeeds—like medical field uses—real and lasting reform can occur. Here’s how it opens:

Who should be blamed when an innocent person goes to prison? Or when an inmate with un-addressed mental health problems commits suicide?

If you just looked at newspaper headlines, or listened to angry legislators or advocacy groups, the answers seem simple.

There’s usually some “bad apple” —an overzealous prosecutor or careless jail guard—to pin the blame on.

But the problem with simple answers is that they can be misleading.

Especially when catastrophic mistakes such as a lifetime spent in prison for a crime that you didn’t commit— or even comparatively minor injustices, such as an innocent suspect who pleads guilty for lack of a good attorney—seem to recur throughout our criminal justice system.

According to the National Registry of Exonerations, by the end of 2013, 1,272 individuals were freed from prison after being found innocent of the crimes for which they were convicted.

Some believe this represents only a small percentage of those wrongfully behind bars today, since this figure is the result of painstaking work by the still-small “innocence movement” and relates mostly to serious criminal charges, such as murder.

Are they right? To what extent are our overloaded and resource-strained courts, prisons and jails evidence of flaws in the administration of justice rather than crime rates?

It’s entirely possible that system errors and oversights are “destroying tens of thousands of lives every year,” suggests Dr. Lucian Leape of the Harvard School of Public Health.

Dr. Leape admits he’s no criminal justice expert, but he’s worth listening to.

A few decades earlier, Dr. Leape discovered that mistakes in surgical and hospital care, which inadvertently killed thousands of patients annually, were preventable by addressing systemic flaws rather than by focusing on the actions of individual doctors or nurses.

For instance, putting two different types of medicines in packages that look almost identical could cause a hurried, stressed surgeon to reach for the wrong package, with disastrous results for a patient.

“We make mistakes because we’re human,” says Leape. “But punishing errors won’t work, especially when they’re unintended. You’ve got to quit trying to change (people) and change the system.”

The work of Leape and others led to the creation of the National Patient Safety Foundation, which established a template for detecting and correcting the often-overlooked errors in procedure or lapses in judgment that produce fatal results.

Leape’s estimate of the impact of criminal justice system errors is based on his own experience of the similarly complex and occasionally dysfunctional U.S. medical system. But we don’t have to accept his judgment alone.

Last weekend, some of the nation’s leading criminal justice players and scholars came to much the same conclusion during a two-day conference organized by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School.

“If you limit yourself to going after the bad cop, the drunken sleepy lawyer, the corrupt judge, (you’re not affecting) the conditions that created them,” the conference was told by James Doyle, a Boston attorney who, as a recent National Institute of Justice (NIJ) fellow, helped spearhead a “systems approach” to correcting mistakes in justice.

Read on.


A QUICK RUNDOWN OF THE SHERIFF CANDIDATE DEBATE ON SUNDAY NIGHT

Sunday night, Los Angeles Sheriff candidates (minus Bob Olmsted) squared off in the latest debate. Sheriff hopefuls discussed deputy cliques and “bad behavior.”

The LA Times’ Cindy Chang has more on the debate. Here’s a clip:

Seeking to distance himself from the problems that led his former boss to resign, a candidate for Los Angeles County sheriff offered to roll up his pants and prove he does not have a tattoo.

Patrick Gomez’ offer at a debate in Pasadena on Sunday was followed by a challenge from the moderator to the other candidates — not necessarily to show skin but to say whether they had ever been members of a Sheriff’s Department clique.

Under former Sheriff Lee Baca, deputies allegedly formed cliques with names like “Grim Reaper” and “Regulators,” using tattoos to cement membership bonds. One clique, the “Jump Out Boys,” allegedly modified its tattoos to celebrate the shootings of suspects.

At Sunday’s debate, retired undersheriff Paul Tanaka admitted to having a tattoo from the Lynwood Vikings clique. When deputies first started acquiring ink in the 1980s, the tattoos were just that — tattoos, he said.

“Yes, I do have a tattoo. No, I never was part of a gang,” Tanaka said. “It did not become sinister until years later. If I knew then what I know now, I would have gotten a different tattoo.”

Todd Rogers, an assistant sheriff, said he was invited to join a clique and refused.

Deputies who were not members were “treated like second-class citizens,” said Rogers, who joined the department 29 years ago. “Anybody who denies it is living in fantasyland, and I don’t mean the one at Disneyland.”

The next debate will be tonight (Tuesday) at Loyola Marymount University. (More info here.)

Posted in criminal justice, juvenile justice, LAPD, LASD, psychology, Trauma, Uncategorized | 4 Comments »

LASD Female Deputies Dispute Claims in Sexual Harassment Lawsuit

April 7th, 2014 by Celeste Fremon


In an open letter released over the weekend,
female deputies from Los Angeles County Sheriff’s Department who work at the East Los Angeles station, forcefully disputed many of the claims made in a sexual harassment lawsuit filed earlier this month, by LASD deputy, Guadalupe Lopez. The lawsuit alleges that Lopez was the object of various kinds of sexual harassment and retaliation by a clique of deputies that called themselves the Banditos. The suit also states that Lopez was given to believe that various other female deputies submitted to the sexual demands. (Here’s a link to our previous post on the Lopez/Banditos lawsuit.

Yolanda Villanueva, the mother of the East LA female deputies, read the letter aloud on Saturday, according to NBC news. (The deputies have, understandably remained anonymous.)

The letter reads, in part:

….Guadalupe Lopez claimed female deputy trainees were expected to submit and provide sexual favors for male training officers as a form of initiation to become full pledged patrol deputies. Her claims suggest those of us currently holding patrol deputy positions, subjected ourselves in order to maintain our position at the station.

The women at East Los Angeles Station can state without equivocation that they have not experienced such conduct. In making these allegations and pursuing her own agenda, Guadalupe Lopez has diminished, not only what we females at East Los Angeles worked so hard to achieve, but also the progress made and the respect female law enforcement officers across the country have earned. Her claims trivialize our accomplishments and we find it insulting. The claims have affected us on a professional and personal level. Our reputation as female professionals, wives, mothers, etc., is unjustly questioned, as a result of her claims.

The full text of the letter may be found here: ELA Female Deputy Statement

WLA has corresponded with one of the deputies, a wife and mother, who was very upset by the claims Lopez made in her suit.

“The public needs to understand,” she wrote, “that ELA Station has very few female deputies (22 total), of those 22, only a small fraction work in patrol. The statement speaks for all of us. Therefore in order for a “sex club” to exist we would have to know about it. She has hurt us with her claims and diminished everything we worked so hard to accomplish.”

In response to the letter released by the deputies, one of Lopez’s attorneys released a statement reaffirming the allegations stated in the lawsuit. “Ms. Lopez never stated that the majority of female deputies assigned to East Los Angeles Station were involved in any sexual activities with their male counterparts,” the press release said, according NBC.

We’ll bring you more on this perplexing and painful story as it unfolds.

Posted in LASD | 22 Comments »

Tricking Teenagers into Breaking the Law, Inmate Allowed to Sue Baca Personally, TX Gov. Perry and PREA, and an ALADS Story Update

April 7th, 2014 by Taylor Walker

RIVERSIDE COUNTY’S PENCHANT FOR UNDERCOVER HIGH SCHOOL DRUG STINGS

In 2012, Jesse Snodgrass, an autistic high school student in Temecula, was pressured into buying $20 worth of marijuana for an undercover officer posing as a new classmate and friend. Jesse—a kid who had no idea how to obtain marijuana before he was ensnared by an undercover sting operation—was thrown into the juvenile justice system.

And Jesse is not the only kid who has been solicited and entrapped by undercover officers posing as high schoolers in Riverside County. Jesse is not even the only special-needs student caught up in one of Riverside Sheriffs’ high school stings.

In an op-ed for the LA Times, Theshia Naidoo and Lynne Lyman (senior staff attorney and California state director for the Drug Policy Alliance, respectively) call Riverside County Sheriff’s Department and school districts to task for the “ill-advised” and harmful use of undercover drug stings in high schools.

Here’s a clip:

…Should we really allow adults to dress up as kids, embed themselves in school classrooms and trick children into breaking the law?

The Riverside County Sheriff’s Department regularly targets high school students, sometimes, as in this case, inspiring crime where it otherwise would not have existed. In the last four years, the department has staged four undercover sting operations in which adult officers, masquerading as high school students, repeatedly pressured students to obtain illegal substances for them. Over the last four years, nearly 100 students, a number of whom were special-needs students, have been arrested.

It is unclear why the Riverside sheriff continues to use this ill-advised strategy, and why area school districts continue to allow it. Such stings have been abandoned by many law enforcement agencies and banned by school districts across the country. The Los Angeles Unified School District hasn’t allowed undercover stings in its schools since 2004, when it concluded that they had the potential to harm students but had not reduced the availability of drugs on campus. The National Assn. of School Safety and Law Enforcement Officials has concluded that undercover high school operations have a high potential for bad outcomes for kids without evidence of corresponding good results for communities.

For a more in-depth account of Jesse Snodgrass’ “entrapment,” Rolling Stone featured an excellent longform narrative by Sabrina Rubin Erdely in their March issue. Here’s how it opens:

Jesse Snodgrass plodded around yet another stucco corner, searching for Room 254 in time for the second-period bell, only to find he was lost yet again. Jesse felt a familiar surge of panic. He was new to Chaparral High School and still hadn’t figured out how to navigate the sprawling Southern California campus with its outdoor maze of identical courtyards studded with baby palm trees. Gripping his backpack straps, the 17-year-old took some deep breaths. Gliding all around him were his new peers, chatting as they walked in slouchy pairs and in packs. Many of their mouths were turned up, baring teeth, which Jesse recognized as smiles, a signal that they were happy. Once he regained his composure, he followed the spray-painted Chaparral Puma paw prints on the ground, his gait stiff and soldierly, and prayed that his classroom would materialize. He was already prepared to declare his third day of school a disaster.

At last, Jesse found his art class, where students were milling about in the final moments before the bell. He had resigned himself to maintaining a dignified silence when a slightly stocky kid with light-brown hair ambled over and said, “Hi.”

“Hi,” Jesse answered cautiously. Nearly six feet tall, Jesse glanced down to scan the kid’s heart-shaped face, and seeing the corners of his mouth were turned up, Jesse relaxed a bit. The kid introduced himself as Daniel Briggs. Daniel told Jesse that he, too, was new to Chaparral – he’d just moved from Redlands, an hour away, to the suburb of Temecula – and, like Jesse, who’d recently relocated from the other side of town, was starting his senior year.

Jesse squinted and took a long moment to mull over Daniel’s words. Meanwhile, Daniel sized up Jesse, taking in his muscular build and clenched jaw that topped off Jesse’s skater-tough look: Metal Mulisha T-shirt, calf-length Dickies, buzz-cut hair and a stiff-brimmed baseball hat. A classic suburban thug. Lowering his voice, Daniel asked if Jesse knew where he might be able to get some weed.

“Yeah, man, I can get you some,” Jesse answered in his slow monotone, every word stretched out and articulated with odd precision. Daniel asked for his phone number, and Jesse obliged, his insides roiling with both triumph and anxiety. On one hand, Jesse could hardly believe his good fortune: His conversation with Daniel would stand as the only meaningful interaction he’d have with another kid all day. On the other hand, Jesse had no idea where to get marijuana. All Jesse knew in August 2012 was that he had somehow made a friend.


APPEALS COURT AFFIRMS THAT INMATE CAN SUE SHERIFF LEE BACA PERSONALLY

In 2006, Juan Roberto Albino was booked into Men’s Central Jail under suspicion of rape. LA County officers placed Albino in general population where fellow inmates beat and raped him under the alleged mistaken belief that he had sexually assaulted a minor. Albino was attacked two more times, and hospitalized.

He asked guards to put him under protective custody on multiple occasions. They refused. Albino is now blind is right eye, deaf in his left ear, and walks with a cane.

Normally, under the Prison Litigation Reform Act, Albino would have to go through the jail’s internal complaint process, but Albino says officers never told him of existing complaint forms or procedures.

In a 9-3 decision, California’s full 9th Court Circuit ruled in Albino’s favor, allowing him to move forward with a lawsuit against LA County and (former) Sheriff Lee Baca.

Courthouse News Service’s Tim Hull has the story. Here’s a clip:

Los Angeles County jail officials ignored an accused rapist’s pleas for protective custody after inmates mistook him for a child abuser and brutalized him, the full 9th Circuit ruled Thursday.

Jailers housed the 5-foot-3, 123-pound Juan Roberto Albino in the general population of a high-medium security housing unit after booking him into the county’s Central Jail on suspicion of rape in 2006.

He was soon beaten, cut and raped by fellow inmates under the allegedly mistaken belief that he had raped a 16-year-old girl. Though charged with rape, Albino had not been arrested for abusing a minor.

Albino allegedly requested protective custody before and after he was attacked, but he said the guards always told him to talk to his lawyer.

The detainee suffered two more attacks in general population after a stay in the hospital. He now has nerve damage on the right side of his face, uses a cane, and can’t hear with his right ear or see with his right eye.

A federal judge awarded the county summary judgment on Albino’s pro se complaint after finding that he had failed to exhaust his administrative options through the jail’s formal complaint process.

Though a three-judge appeals panel affirmed, the 9th Circuit agreed later to consider the issue en banc.

The court revived Albino’s civil rights claims against the county and its sheriff, 9-3, Thursday, finding that guards had neglected to inform him how to file an official complaint…

“Albino was beaten several times and repeatedly complained orally to deputies in the jail, asking repeatedly to be placed in protective custody,” Judge William Fletcher wrote for the majority. “The jail had a manual describing a procedure for handling inmate complaints, but this manual was for staff use only and was not made available to inmates…


AND WHILE WE’RE ON THE SUBJECT OF PROTECTING INMATES FROM RAPE…

An NY Times editorial directs some righteous indignation at Texas Governor Rick Perry’s refusal to comply with the federal Prison Rape Elimination Act.

Here’s a clip:

Mr. Perry’s complaints about the rules are without merit, but the governor wants to show that he’s opposed to federal oversight of any sort. Unfortunately, his cynical stance could prompt state corrections officials to ignore policies that protect inmates from sexual predation. The consequences could be terrible since the Texas system is replete with the sexual violence that prompted Congress to pass this law.

Mr. Perry announced his intention to flout the law in a March 28 letter to Attorney General Eric Holder Jr. He implied that Texas had its own rape-prevention measures and did not need federal oversight. Federal data consistently tell a different story. A 2013 study by the Bureau of Justice Statistics found that Texas had more prison facilities with high rates of inmate-on-inmate sexual violence than any other state.

There are several rules that seem to particularly irk Mr. Perry. One requires states to periodically audit rape prevention programs. Another requires them to certify that their prisons are in compliance. Mr. Perry complains that he couldn’t possibly certify compliance because he can’t audit all of the facilities covered by the law at once. However, the rules make clear that only one-third of the covered facilities need to be audited each year.

Moreover, the Justice Department has explained that the compliance process is flexible — the governor does not have to rely solely on audit data but can take into account internal reports or any other information that could be used to gauge whether the system meets the requirements of the law.

Mr. Perry also takes issue with a provision that sets minimum staffing levels for juvenile facilities so that young people are adequately protected from predators, including those who might be part of the institution’s staff. The levels set in the rules are consistent with those used in a dozen states and are deemed necessary to keep young people safe. The states are not required to reach those levels until 2017.


AN UPDATE ON THE ALADS BATTLE

Last week, we reported on the power struggle between two factions of the LASD deputies’ union, and the $2.5 million in sheriff campaign PAC money at stake.

Finally, last Wednesday, in a welcome moment of sanity, LA County Superior Court Judge James Chalfant has declared the union leaderless until a court hearing on April 17. In the meantime, a panel of three individuals—one from each faction and a neutral party—will make union decisions. (Thank you, Judge Chalfant!)

The LA Times’ Cindy Chang has the story.

Posted in juvenile justice, LA County Jail, LASD, prison policy, School to Prison Pipeline, War on Drugs | 5 Comments »

U.S. Attorney André Birotte Tapped by Obama to be Fed. Judge—& Why This is Cheering News

April 4th, 2014 by Celeste Fremon


U.S. ATTORNEY ANDRE BIROTTE NOMINATED BY POTUS TO BECOME FEDERAL JUDGE

On Thursday afternoon the news came down that LA’s own U.S. Attorney André Birotte had been nominated by President Barak Obama for the federal bench.

Actually Obama announced the nomination of two new federal judges, one for the DC area, and one as Judge of the United States District Court for the Central District of California—namely Birotte. Both nominations are subject to confirmation by the Senate.

For a while I’d been hearing whispers that André Birotte was being vetted for the position. It is very good news that the whispers have proved true.

He has, to paraphrase author Tom Wolfe, the right stuff for the job.

Since 2010, Birotte has served as the United States Attorney for the Central District of California, meaning he’s the U.S. Attorney for the district that covers seven counties, including Los Angeles, making it the second largest—and arguably the most complicated—in the nation.

In the years that Birotte has been U.S. Attorney, in addition to the usual kind of crime fighting—gang busts, cybercrime, fraud, civil rights violations, bigtime drug dealing, and the like—Birotte’s office has also engaged in the ticklish business of arresting elected officials, as in the investigation and arrest of Democratic state senator Ron Calderon of Montebello who was charged with a list of corruption allegations, including accepting $100,000 in bribes.

And of course, it is Birotte’s office that oversees the still expanding investigation of the Los Angeles Sheriff’s Department, that has thus far resulted in the indictment of 20 department members—with more indictments almost certain to come. It is an investigation that has repeatedly made national news, draws intense attention from local elected officials (among others), and has the potential to be of far greater consequence than we have yet seen. Already it may have had a hand in the precipitous retirement of a sitting sheriff.

It is interestingly fateful that Birotte should have been at the helm during this investigation, as his experience with law enforcement is many times deeper than that of most prosecutors.

Prior to his appointment by Barack Obama to the position of U.S. Attorney, from 2003 to 2010, Birotte served as inspector general for the Los Angeles Police Commission, the civilian panel that oversees the LAPD.

As inspector general, even though he had no legal power over the LAPD’S actions, he was—according LAPD observers I spoke with at the time—”one of the unsung heros” who had a real effect in helping to turn around and revitalize what had become an extremely troubled department.

As the IG, Birotte had a reputation as a principled man, a nuanced thinker, and a straight shooter when it came to matters of the law, a reputation that expanded once he made the jump to U.S. Attorney.

I remember a conversation I had with Birotte a few months after he’d been sworn in to the position. We talked first about the various challenges he would face in his new position. Then the conversation turned to the idea of justice itself. I remember saying something about how prosecutors seem to have more power than ever and that, so often—both on a local and a federal level—it sometimes seemed that the goal was to win as big as possible, but not necessarily to seek justice—especially when winning and justice are in conflict.

“Its funny you should bring that up,” he said, “I’ve just been telling my staff that this is going to be a justice-driven office. Firm but fair. But more than anything, justice-driven. It’s not just about winning.”

The discussion didn’t stop there. But you get the gist.

It was a message that he has repeatedly emphasized by a “Community Outreach Team” he created within his office to “reach out to those communities within the district most impacted by threats to their civil rights,” and in his own public statements.

For instance, there is this Op Ed that Birotte wrote as the 10th annerversary of 9/11 approached, about the necessity of safeguarding our civil liberties as we protect our national security.

And more recently, Birotte said this to the LA Times Patt Morrison:

“I tell prosecutors here, you come into this job with what I call a reservoir of justice. Your job is to make sure that reservoir is always full. The only way to do that is doing the right thing, the right way, all the time.”

This is not to suggest that Birotte is any kind of soft touch. The other message he has repeatedly stressed at press conferences is that no one is above the law. They “believed they were above the law,” he said of LA County deputies who are charged with gross violations of the civil rights of jail inmates, or those visiting friends and family members in the jails. “The message this case sends is that no one…is either above or outside the law. And that is a message that we are proud to send,” he will state when announcing this or that arrest or conviction.

Both principles are represented by the fact that Birotte reinstalled a public corruption and civil rights unit that had been disbanded by his predecessor.

Sen. Dianne Feinstein who recommended Birotte for the U.S. Attorney position and for Thursday’s nomination to the federal bench, put out a statement praising the president’s selection of Birotte:

“I have been very impressed with his performance over the last four years. He has a record of excellence and fairness. I am confident he will serve the people of the Central District very well as a U.S. district judge.”

The rest of his career that has led to the Thursday’s nomination, has also included a stint as a federal prosecutor (Assistant United States Attorney, 1995 to 1999), time as an LA County Deputy Public Defender (1991 -1995), and a couple of years in private practice with Quinn Emanuel Urquhart Oliver & Hedges LLP. Birotte received his J.D. in 1991 from Pepperdine University School of Law and his B.S. in 1987 from Tufts University.

Once confirmed by the U.S. Senate, Birotte will replace Clinton-appointed Judge Gary Allen Feess, who is retiring.

Of course, with Birotte leaving (although the confirmation process is likely to take time in the fractious Senate) there is the question of who will replace him as U.S. Atty., and if the change in leadership will in any way affect the investigation of the Los Angeles Sheriff’s Department.

But we’ll explore all that later. For now we’re merely happy for André Birotte’s good news.

Posted in Courts, FBI, LASD, U.S. Attorney | 11 Comments »

WitnessLA on “Which Way LA?” Wednesday Night Talking Union Big Bucks Power Plays….& More

April 2nd, 2014 by Celeste Fremon

I’m on Which Way LA? with Warren Olney Wednesday night at about 7 pm on KCRW FM.

If you didn’t listen in real time you can click on the podcast here. It’s a five minute or so segment about the fight for power going on at the LA County Sheriff deputies’ union, ALADS. As we mentioned below, it’s a very high stakes game that could materially affect the race for sheriff, since ALADS has $2.5 million in campaign PAC money, a million or more of which could be thrown behind one candidate for sheriff in the primary election.

In a seven person race, that much money could—and likely would—change the outcome.



AND…IF YOU’D LIKE TO SEE AN INTRIGUING NEW PLAY FOR A GOOD CAUSE TRY: PLACAS, THE MOST DANGEROUS TATTOO

Thursday through Sunday, April 3-6 you can see a promising new play, Placas, the Most Dangerous Tattoo, by Paul S. Flores, starring Ric Salinas of Culture Clash and inspired by events in the life of Alex Sanchez, founder of Homies Unidos.

If you attend on Thursday night April 3, the performance will in fact benefit Homies Unidos.

On Saturday, there’ll be a pre-performance conversation with Father Greg Boyle and Alex Sanchez.

Here’s where you can find out more.

Posted in 2014 election, LASD, Paul Tanaka, unions | 10 Comments »

Opposing Factions in LASD Deputy Union Mud Wrestle for Power with Big $$$ at Stake

April 2nd, 2014 by Celeste Fremon


ALADS—THE LASD DEPUTY UNION—IS IN THE MIDST OF A HUGE TUG OF WAR WITH THE FATE OF $2.5 MILLION IN CAMPAIGN PAC MONEY AT STAKE

Two factions on the board of directors of the large, wealthy and powerful LASD Deputies union—ALADS (Assn. for Los Angeles Deputy Sheriffs )—are at war with each other for control of the union.

One of the things at issue in the tug of war for control of the 7200 member organization, is oversight of the reportedly more than $2.5 million in campaign PAC money that could be parcelled out with significant effect to a candidate or candidates in the upcoming races for LA County Supervisor and for Sheriff.

Most watching the melee believe that it is the selection of the sheriff of Los Angeles County that that could be materially affected by who comes out on top.

It is after all the board of the directors that has the last word on where the treasure chest of PAC money goes.

In other words, this little internecine struggle is potentially a very high stakes game.

In one of the skirmishes last week, one faction claiming to represent the union filed suit against two members of the opposing faction for alleged “abuse of fiduciary responsibility” and for the “misappropriation” of $100,000 of ALADS funds.

The two who were being sued, responded by having one of their attorneys send a letter on ALADS letterhead to the Bureau of Labor and Compliance of the Los Angeles County Sheriff’s Department, maintaining that their faction had legal control of the organization, and that it was the lawsuit-weilding group that had illegally grabbed union funds to hire its lawyers.

Are you confused yet?

Okay, let’s back up a bit.


THE BACK STORY—-OR AT LEAST SOME OF IT

You may remember that when we last visited the bizarre warren of high drama and bad behavior that the ALADS board has become, the two factions were just beginning to wrestle for power.

One faction is led by the current board president Armando Macias— who, as it happens, is reportedly not legally able to serve as board president, according the ALADs bylaws.

It seems that Macias did not attend enough of certain meetings that he was required to attend to hold office, so was removed from his position as president by the other group last month. But he declined to make a graceful exit, and instead has hired a lawyer—or possibly several lawyers—to support his legitimacy.

He is joined in his quest by legally elected Vice President Bruce Nance—plus two others.

The second faction—namely the one opposing Macias—appears to be led by the former board president, Floyd Hayhurst, who is also legally hampered since he has retired and thus is no longer a county employee. This means, although he may serve on the board, he may not vote. Hayhurst is reported to be voting anyway.

In other words, neither of these factions seems to have a firm grip on the legal high ground.

Nevertheless, most of the rest of the seven-member ALADS board has lined up behind one or the other of the combatants— Macias or Hayhurst—-with much bitter squabbling and legal postering the result.

To add to the mix, Hayhurst (the former ALADS Prez) appears to be angling to be appointed by the board as executive director of the organization, a powerful position which, at the moment, is vacant—-and which also might conceivably give him access to the sought after ALADS PAC money.

Hayhurst is reported to be a longtime supporter of former undersheriff Paul Tanaka, who is running for sheriff, and who has been actively angling for union PAC money for a long time (as we wrote about here)

It is not clear whom Macias supports (rumors abound on that matter), although VP Bruce Nance has declared himself to be opposed to Tanaka’s candidacy.

It’s important to note that, although last month, the union’s political committee chose not endorse or to give any money to candidates for sheriff until after the primary (as we reported here), the board of directors has the power to override that decision.


LAWSUIT FILED AGAINST UNION PREZ & VICE PREZ FOR ALLEGEDLY SNATCHING $100K IN UNION FUNDS TO HIRE LAWYER (OR LAWYERS)

To bring you up to date, according to the lawsuit, (which you’ll find attached below), ousted board president Macias, and board VP Nance, requested, but originally were blocked from acquiring, $100,000 in board funds to pay the attorney that they have hired to get Macias reinstated as president, which frankly sounds like a losing battle.

The two insist that they have the authorization to request and receive the funds as they are acting in the board’s interest. Since approximately 50 percent of the voting board (Hayhurst’s group) seems to think otherwise, this seems like a questionable legal position.

Of course, it’s no more questionable than Hayhurst and Company filing a lawsuit against Macias and Nance, and claiming they are doing so in behalf of all of ALADS (and reportedly using ALADS funds to pay their lawyers).

Not to be outdone, when Macias and Nance could not get anyone to write them a $100,000 check out of the union’s general fund, despite much reported hectoring and pestering, they managed to snatch the $100K out of the union’s campaign fund—namely the very same PAC money that one or more sheriff’s candidates would like to get their personal mitts on.

As we mentioned before, the matter of a sheriff’s candidate receiving some of the campaign bucks is thought to be the point of this power struggle.

(For more on the lawsuit, I recommend that you read the complaint itself, starting about midway on Page 3 to the top of Page 12.)

Here’s the complaint: ALADS Lawsuit 4-27-2014

And for more of the Macias/Nance perspective, read the letter from Macias’ attorney Steve Ipsen (a former LA prosecutor who now presents himself as “general counsel” for ALADS), which you may find here: Dept. of Labor Letter

Did I mention that each of these factions now has competing ALADS websites?

Here’s the Macias & Co. website.

And here’s the Hayhurst group’s site.

Members of the ALADS rank and file with whom we spoke seemed generally dismayed with all the squabbling. “With these clowns fighting, we all lose,” said one LASD deputy.

Law enforcement experts outside the organization suggest that the ALADS struggle is yet another symptom of the problems in the sheriff’s department that continue to emerge.

“To be honest, I think it’s one more thing shows the depth of dysfunction,” said one non-LASD law enforcement source. “It’s sad because it hurts all the good deputies who are just trying to do their jobs.”

Posted in 2014 election, LASD, Paul Tanaka, unions | 51 Comments »

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