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Report: LA Needs More Mental Health-Trained Officers and Diversion Tools, California Kids’ Well-Being, Mental Health and Foster Care, Sheriff John Scott Backs Jim McDonnell…and More

October 30th, 2014 by Taylor Walker

REPORT COMMISSIONED BY LA DISTRICT ATTORNEY JACKIE LACEY SAYS COPS NEED MENTAL HEALTH TRAINING, AND MORE

More LA law enforcement officers need specialized training on how to better interact with people having mental health crises, according to a report from a consulting firm hired by LA District Attorney Jackie Lacey.

The report, by the GAINS Center for Behavioral Health and Justice Transformation, also said that there need to be more safe locations for officers to take people suffering from severe mental health problems who often end up in a jail cell because of delayed and overstuffed psychiatric ERs.

In addition, the GAINS report recommends bringing more social workers into LA’s justice system and bolstering current county mental health diversion efforts.

(These findings don’t just apply to Los Angeles. Other California counties would also be wise to take this report seriously.)

The LA Times’ Abby Sewell has the story. Here are some clips:

The county, the report by GAINS Center for Behavioral Health and Justice Transformation concluded, puts “insufficient resources” into its mobile response teams, the report found.

The center was hired by Dist. Atty. Jackie Lacey, who is heading a task force focused on the mental health issue. The task force intends to develop a detailed proposal for county supervisors to consider early next year.

The report also found that there weren’t enough safe places for officers to take people with serious mental health issues.

“It’s often more time-efficient for law enforcement to book an individual into jail on a minor charge … rather than spend many hours waiting in a psychiatric emergency department for the individual to be seen,” the report said.

The report also recommended expanding an existing county program that places social workers in the courts to identify defendants who might be candidates for diversion, putting a pre-trial release program in place for such defendants, and placing more social workers in the jails.


CALIFORNIA MISSES THE MARK WHEN IT COMES TO KIDS’ WELL BEING

A new report from the Children Now research group rates California and its counties on how well kids are faring with regard to education, health, and socio-economic issues.

Research director, Jessica Mindnich, says the numbers indicate too many California kids are slipping through the cracks. For instance, only 12% of California kids from low-income households have access to state-funded after-school programs.

California, as a whole, did not fare well in comparison with other states, and there were huge discrepancies across counties based on poverty levels. Although 81% of CA foster kids are placed with families (not in group homes), in some counties far fewer kids are placed in family settings, like Imperial (58%) and Sonoma (58%). And while the California average for 12th graders ready to graduate on time is 80%, some counties had much lower senior graduation rates, like Inyo (32%) and San Francisco (55%).

You can view all of the statistics via Children Now’s interactive Child Wellbeing Scorecard, including county-specific data.

KPCC’s Deepa Fernandes has more on what the numbers indicate. Here’s a clip:

Compiled every two years by the nonpartisan research group, Children Now, the 2014-2015 scorecard paints a bleak picture for many California children, particularly those who live in counties with concentrations of impoverished families.

“While some counties may be doing better than others, as a whole we are failing our children,” said Jessica Mindnich, research director for Children Now. “Despite having a large economy and more children than any other state, we are allowing too many to fall through the cracks and denying them the opportunity to be productive, healthy and engaged citizens.”

The data that Children Now collects and compiles come from publicly available local, state and national sources. It was used to evaluate how children are doing based on a series of key indicators.

Overall, California’s kids do not fare well when compared to other states, according to the data.

“Not only are we at the bottom nationally,” Mindnich said, “but we have pretty large disparities across the state based on where kids live.”


LA AND CALIFORNIA’S MANDATE TO PROVIDE MENTAL HEALTH CARE FOR FOSTER KIDS, HISTORY AND MOVING FORWARD

The Chronicle of Social Change’s John Kelly has the first in a three-part series looking at Katie A. v Bonta, a 2002 lawsuit in which lawyers representing foster youth in Los Angeles and the state of California over its failure to provide mental health care services for kids in foster care or at risk of entering the foster care system.

John Kelly explains how the lawsuit came into being and what has resulted from its settlement. Here’s how it opens:

In 2002, lawyers representing foster youth in Los Angeles sued the county and California over its failure to service the mental health needs of children in or at risk of entering foster care. For years the mental health issues that these vulnerable children face were often ignored. The children who did receive treatment were frequently hospitalized when outpatient services would have sufficed.

Twelve years later, the clock has nearly run out on the settlements that stemmed from Katie A. v Bonta. On December 1, 2014, separate court settlements with the state and Los Angeles County could end.

Following is The Chronicle’s analysis of what has happened since the settlement and where the state and Los Angeles could go next with regard to providing quality mental health services to children in need.

In 2002, Los Angeles County and the state of California became ensnared in a federal lawsuit. Lawyers represented a handful of children and youth, alleging massive gaps in mental health care services available to children in the child welfare system.

These children were either in foster care or at risk of placement into foster care due to a maltreatment report. Katie A., the lead plaintiff, had never received therapeutic treatment in her home. By age 14, she had experienced 37 separate placements in Los Angeles County’s foster care system, including 19 trips to psychiatric facilities.

Evidence strongly suggests that children in foster care deal with significant mental health issues at a much higher rate than the community at large. One study showed that foster youth in California experienced mental health issues at a rate two-and-a-half times that of the general population.

Los Angeles County settled with the plaintiffs in 2003 and accepted the oversight of an advisory panel. After years of litigation and negotiation, the state came to terms only in 2011. A “special master” was appointed to oversee compliance efforts.


LASD INTERIM SHERIFF JOHN SCOTT BACKS LBPD CHIEF JIM MCDONNELL FOR SHERIFF OF LA COUNTY

Interim Los Angeles County Sheriff John Scott has officially endorsed Long Beach Police Chief Jim McDonnell for sheriff in next week’s general election.

In his endorsement, Sheriff Scott said, “I have every confidence that Jim will make an outstanding Sheriff of Los Angeles County. He is the right person, at the right time, to take the leadership role and re-build this department.”

“It is my hope that the voters of Los Angeles County will select a man of unquestionable integrity and proven leadership skills, with well over thirty years of law enforcement experience in LA.”

McDonnell responded to Scott’s support, saying, “I’m proud to be endorsed by Interim Sheriff John Scott and thank him for his vote of confidence. Sheriff Scott has worked to bring stability to the LASD during challenging times. I look forward to ushering in a new era at LASD, continuing to move the Department beyond past problems and restoring the trust of our community.”


LA COUNTY SUPERVISOR MARK RIDLEY-THOMAS TAKES UP ARTS ADVOCACY AS ZEV YAROSLAVSKY AND GLORIA MOLINA DEPART

With a new push for an $8 million cultural center in Culver City, LA County Supervisor Mark Ridley-Thomas has jumped onto the arts advocacy stage. Outgoing Supervisors Zev Yaroslavsky and Gloria Molina both have some remarkable arts accomplishments under their belts (for instance, Yaroslavsky’s 2004 Hollywood Bowl renovations and Walt Disney Concert Hall development, and Molina’s Grand Park and La Plaza de Cultura y Artes).

And we hope that the two new supervisors, Supervisor Elect Hilda Solaris and the candidate who replaces Supervisor Yaroslavsky, also emerge as champions of the arts.

The LA Times’ Mike Boehm has more on the proposed cultural center. Here’s how it opens:

Ridley-Thomas is the prime mover behind an $8-million plan to convert a county-owned former courthouse in Culver City into a cultural center that he envisions including a possible outpost of the Los Angeles County Museum of Art and a media-arts education hub supported by Sony Pictures Entertainment.

Ridley-Thomas’ bid to headline the creation of a cultural facility is on a more modest scale than such big-ticket projects as Hollywood Bowl renovations, championed by Yaroslavsky, and the creation of La Plaza de Cultura y Artes and Grand Park, projects driven by Molina in downtown L.A.

His plan came to light recently when the Board of Supervisors approved $6 million for what’s tentatively called the 2nd District Arts and Cultural Center in Culver City, which is part of Ridley-Thomas’ 2nd Supervisorial District.

Posted in DCFS, District Attorney, Foster Care, Jim McDonnell, LA County Board of Supervisors, LASD, Los Angeles County, Mental Illness | No Comments »

André Birotte Gets Robed Up….Brown Foes Say Realignment Causes Crime But Stats Say Otherwise….When Mental Disabilities Lead to Harsh School Discipline….& PPOA McDonnell Interview, Part 2….

October 28th, 2014 by Celeste Fremon



ANDRÉ BIROTTE SWORN IN AS FEDERAL JUDGE

By 4 p.m. on Friday night, courtroom 650 at the Edward R. Roybal Federal Building —plus two overflow rooms—were absolutely jammed with judges, lawyers, higher echelon law enforcement types, local lawmakers and others, including U.S. Attorney General Eric Holder, all of whom had come to witness the formal investiture of André Birotte Jr as a United States District Judge.

Birotte, if you remember, was nominated to the federal bench by President Barack Obama on April 3, 2014, and confirmed unanimously by the Senate on July 22, 2014 (an impressive feat in itself, considering the current fractious state of that august body).

The son of Haitian immigrants, Birotte graduated from Tufts University in 1987 with a B.A. in psychology, then came to Southern California to attend Pepperdine University School of Law. He began his legal career in Los Angeles as a deputy public defender. In 1995, he moved to the prosecutorial side of things as an assistant U.S. Attorney.

In May 2003, the Los Angeles Police Commission unanimously selected Birotte to serve as the LAPD’s Inspector General at a time when the department was reeling disastrously from the aftermath of the Rampart scandal and struggling to redefine and reform itself. Birotte is generally acknowledged as a significant part of that reform.

In 2009, while he was still serving as LAPD IG, Birotte was nominated for the job of U.S. Attorney by President Barack Obama, after Senator Diane Feinstein strongly recommended him. Five years later, Feinstein again recommended him for the judgeship.

“In 15 years of [vetting] people for the senator,” said Trevor Daley, Feinstein’s state director who was tasked to check up on Birotte. “I’ve never gotten the kind of positive feedback on anyone as I did on André.”

Other speakers at the investiture were similarly effusive.

Birotte was a “champion on the individual as well as serving the underserved,” said former police commission chairman Rick Caruso. “Yet he never sought the spotlight.

Eric Holder praised Birotte for cracking down on public corruption and drug trafficking while also understanding that “we will never be able to prosecute and incarcerate our way to becoming a safer nation.” Holder also pointed to CASA, the sentencing diversion program that Birotte championed, “which serves as a model for smart on crime initiatives throughout the nation.”

Now Birotte would be “strengthening and making more fair the justice system to which he has given so much of his life,” said Holder.

When it came time for the newly-minted judge himself to speak, Birotte quoted a poetry fragment by poet Antonio Machado, that he said had influenced him.

…Wanderer, there is no road,
the road is made by walking.

Indeed, Birotte doesn’t appear to have set his sites on the positions he has attained as part of some grandly ambitious lifeplan. Instead, according to his own account, and the accounts of those who lauded him on Friday, he has arrived at the present moment by “walking,” as the poet suggests—a.k.a. by doing the work that appeared before him, while guided by a strong sense of justice and compassion.

In fact, if it had not been for his wife’s encouragement, Birotte told investiture crowd, “I’m not sure that I would have put myself out for these positions.”

Birotte thanked a long list of people (including his faithful group of morning workout partners at his gym). He confided to the crowd that among the most important talismans he brought with him into his new courtroom were “my father’s medical bag and one of the many purses that my mom would keep by her side.”

At the mention of his mom, who died just a few years ago, Birotte choked up visably. He struggled similarly when he told his wife how much she and their kids meant to him, and also when he thanked Judge Terry Hatter, who had been a longtime hero, and who swore him in. Each time, the “baby judge,” as he called himself, was refreshingly unapologetic for his unruly emotions.

Although the investiture began just after 4 p.m., more than three hours later guests still lingered at the post-ceremony reception in the Roybal building’s lobby, as if wishing to bask a bit longer in the evening’s prevailing sentiment—namely that this particular judgeship, thankfully, had landed in very good hands.


AS ELECTIONS HEAT UP BROWN OPPONENTS SAY REALIGNMENT MADE CALIF. COMMUNITIES LESS SAFE, BUT ACTUAL NUMBERS SAY OTHERWISE

As we noted yesterday, although realignment was not originally a big issue in this year’s gubernatorial campaign, now Jerry Brown’s opponents are bringing up the topic with increasing frequency. Yet, while critics’ contend that realignment has harmed public safety, the state’s still falling crime figures don’t agree. Still, when it comes to pointing to lasting victories for the governor’s signature policy, even Brown and other advocates admit that realignment is a complicated work in progress.

Don Thompson of the Associated Press has more on the story (via the Sacramento Bee). Here are some clips:

As Gov. Jerry Brown seeks re-election next month, Republicans say decisions he made to reduce prison overcrowding are endangering the public by putting more criminals on the streets.

About 13,000 inmates a month are being released early from crowded county jails while they await trial or before they complete their full sentences. More than 5,000 state prisoners had earlier releases this year because of federal court orders, legislation signed by the governor and a recently approved state ballot initiative.

Yet those statistics don’t tell the full story.

Crime rates statewide actually dropped last year and did so across all categories of violent and property offenses, from murder and rape to auto theft and larceny, according to the most recent figures from the state Department of Justice.

[BIG SNIP]

Even as crime rates have dropped, realignment is presenting challenges for counties throughout the state. The total county jail population in California has increased by nearly 11,000 inmates since realignment took effect in October 2011.

Probation departments now handle offenders whose most recent convictions are for lower-level crimes but who may have serious or violent criminal histories.

County officials also say they are ill-equipped to deal with other offenders who used to go state prisons, including those with mental illness and those serving multi-year sentences.

“The population most likely to be the most problematic is the population being funneled to the counties,” said Margarita Perez, who was acting chief of the state’s parole division before realignment took effect in October 2011 and now is assistant probation chief in Los Angeles County.

Despite the tougher population, probation officers said they are becoming better at handling those inmates.

“There’s more of a culture of tolerance, more of a culture of using any resources at your disposal to try to get this individual to turn around instead of a philosophy of lock them up,” Perez said.

Dean Pfoutz is one of those trying to benefit from the new emphasis on rehabilitation.

His roughly two decade-long criminal history includes a three-year prison sentence for assault and another eight years for an assault causing serious injury to a girlfriend. He most recently served 16 months for receiving stolen property.

Despite his violent past, he is being supervised by Sacramento County probation officers instead of state parole agents because his most recent crime, possession of stolen property, is considered a lower-level offense.

Pfoutz said he is benefiting from the county’s approach.

“It’s more hands-on here than parole. With parole, it’s like, ‘Just don’t get arrested,’” he said before attending a self-help class at the probation center he visits five days a week. “They’re pulling for us to do all right.”


SPECIAL ED LEADS TO THE JUVENILE JUSTICE SYSTEM FOR TOO MANY AMERICAN STUDENTS

Although much of the concern about the disproportionate use of over-harsh school discipline has been focused on students of color, experts are increasingly aware that kids with mental disabilities are also disproportionately pushed into the so-called school-to-prison pipeline.

Jackie Mader and Sarah Butrymowicz of the Juvenile Justice Education Exchange have the story. Here’s a clip:

Cody Beck was 12-years -old when he was handcuffed in front of several classmates and put in the back of a police car outside of Grenada Middle School. Cody had lost his temper in an argument with another student, and hit several teachers when they tried to intervene. He was taken to the local youth court, and then sent to a mental health facility two hours away from his home. Twelve days later, the sixth-grader was released from the facility and charged with three counts of assault.

Officials at his school determined the incident was a result of Cody’s disability. As a child, Cody was diagnosed with bipolar disorder. He had been given an Individual Education Program, or IEP, a legal document that details the resources, accommodations, and classes that a special education student should receive to help manage his or her disability. But despite there being a medical reason for his behavior, Cody was not allowed to return to school. He was called to youth court three times in the four months after the incident happened, and was out of school for nearly half that time as he waited to start at a special private school.

Cody is one of thousands of children caught up in the juvenile justice system each year. At least one in three of those arrested has a disability, ranging from emotional disability like bipolar disorder to learning disabilities like dyslexia, and some researchers estimate the figure may be as high as 70 percent. Across the country, students with emotional disabilities are three times more likely to be arrested before leaving high school than the general population.

…..The vast majority of adults in American prisons have a disability, according to a 1997 Bureau of Justice Statistics survey. Data hasn’t been updated since, but experts attribute the high percentage of individuals with disabilities in the nation’s bloated prison population – which has grown 700 percent since 1970 – in part to deep problems in the education of children with special needs.

In Mississippi and across the country, the path to prison often starts very early for kids who struggle to manage behavioral or emotional disabilities in low-performing schools that lack mental health care, highly qualified special education teachers, and appropriately trained staff. Federal law requires schools to provide an education for kids with disabilities in an environment as close to a regular classroom as possible. But often, special needs students receive an inferior education, fall behind, and end up with few options for college or career. For youth with disabilities who end up in jail, education can be minimal, and at times, non-existent, even though federal law requires that they receive an education until age 21.



PAY TO PLAY CAMPAIGN CONTRIBUTIONS—THAT’S CLEARLY CORRUPTION, SAYS JIM MCDONNELL IN NEW PPOA INTERVIEW

In Part 2 of the 3-part interview series that PPOA Prez Brian Moriguchi has conducted with Los Angeles County Sheriff candidate Jim McDonnell, the candidate talks about personnel issues, like promotion strategies, and other matters that have been subject to corruption at the LASD in the past—plus how he plans to “put the shine back” on the badge “that means the world” to so many officers.


ALSO, SEE REPORT ON WEEKEND FORUM WITH MCDONNELL BY FRANK STOLTZE

KPPC’S Frank Stoltze reports that Jim McDonnell, the frontrunner for Los Angeles County Sheriff, “…is not yet prepared to support subpoena power for a proposed citizen’s oversight panel, although authority watchdogs say is important to reforming the troubled department.”

Read the rest of Stoltze’s report here.

Posted in Board of Supervisors, Courts, Education, elections, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Realignment, School to Prison Pipeline, Sheriff Lee Baca, U.S. Attorney, Youth at Risk, Zero Tolerance and School Discipline | 1 Comment »

CA Prisons Halt Race-based Lockdowns, Inequality for San Bernardino Gay and Trans Inmates, LAPD Fires Detective, and LA Jails Use-of-force #s

October 23rd, 2014 by Taylor Walker

CDCR TO STOP LOCKING INMATES DOWN BASED UPON RACE, AND WILL ALLOW EXERCISE DURING LONG LOCKDOWNS

On Wednesday, the California Department of Corrections and Rehabilitation agreed to stop race-determined prisoner lockdowns, settling a 2008 lawsuit on behalf of male inmates.

The settlement says lockdowns will now apply to everyone “in the affected area” after a riot or violent incident, or will be conducted by assessing individual threat. The CDCR also agreed to give outdoor recreation time to inmates in the event of a lockdown lasting more than 14 days.

The LA Times’ Paige St. John has the story. Here’s how it opens:

When a group of prisoners attacked two guards at California’s High Desert State Prison in 2006, the warden declared a full lockdown that confined African Americans in one wing of the prison to their cells, and kept them there for 14 months.

No outdoor exercise. No rehabilitation programs or prison jobs.

This week, California agreed to give up its unique use of race-based punishment as a tool to control violence in its crowded prisons. Corrections chief Jeffrey Beard and lawyers for inmates have settled a six-year-long civil rights lawsuit, filed in 2008, over the High Desert lockdown.

The case was eventually widened to cover all prisoners and lockdown practices that had become common statewide. The agreement now goes to a federal judge for expected approval.


ACLU SUES SAN BERNARDINO FOR CONFINING GAY AND TRANSGENDER PEOPLE, DENYING THEM AVAILABLE PROGRAMS

A new ACLU class action lawsuit filed Wednesday accuses San Bernardino County of refusing gay, bisexual, and transgender inmates education, work and rehabilitation programs to which other inmates have access. According to the suit, GBT inmates at West Valley Detention Center are locked in their cells for 22 hours per day, unable to participate available programs. Jail officials say GBT inmates are segregated for their protection, but the ACLU says there’s no excuse for denying access to programs that may help inmates shave off lockup time or help them prepare for successfully returning to their communities.

Here’s a clip from the ACLU’s site:

The denials of education, work and rehabilitation are particularly galling, as participation in these programs can not only reduce the time they serve, but can also facilitate their integration back into society, reducing recidivism rates and the strain on our already overburdened criminal justice system.

Although in most instances WVDC staff have claimed that this harsh treatment is for their “protection,” protective custody and equal protection are not mutually exclusive. Jails and prisons cannot justify discriminatory treatment of LGBT prisoners under the guise of keeping them “safe.”

While there can be no doubt that LGBT prisoners are often vulnerable to harassment and assaults by other prisoners and many need protection, it is both possible and imperative that our correctional facilities ensure the safety of their charges while providing equal access to programs, privileges and facilities, as required by the Prison Rape Elimination Act and our constitutional guarantee of equal protection.

Jails are simply not Constitution-free zones.

For further reading, the San Bernardino Sun’s Ryan Hagen has some good reporting on the alleged inequality (and harassment from deputies) faced by West Valley inmates.


FRANK LYGA FIRED FROM LAPD FOR CONTROVERSIAL COMMENTS

On Wednesday, LAPD Chief Charlie Beck signed paperwork to fire detective Frank Lyga, who was accused of making inappropriate and racist remarks during a department training session. (Backstory: here.) Lyga is reportedly considering appealing or filing a lawsuit.

ABC7′s Elex Michaelson has the story. Here are some clips:

Ira Salzman, Lyga’s attorney, confirmed on Wednesday that LAPD Chief Charlie Beck signed paperwork to fire Lyga, who had been on home duty with pay since June.

“We didn’t get an opportunity to present our appeal,” Salzman said, adding that the firing was unfair. “Horribly disappointed.”

[SNIP]

In a letter to LAPD investigators, Lyga said he deeply regretted his poor judgment. He said there’s no excuse for what he did, but he learned valuable lessons.

“By no means does Frank, to his everlasting credit, or I say it’s OK what he said. It wasn’t OK,” Salzman said. “But that doesn’t at all justify a termination over words.”

Community activist Jasmyne Cannick, the blogger who first posted the recording online, disagreed with Salzman, saying in a statement, “Detective Frank Lyga wrote his own termination when he said what he said.”


YEAR-TO-DATE LOS ANGELES JAILS USE-OF-FORCE STATISTICS

New LA County Sheriff’s Department statistics show use-oF-force in county jails rose 11% so far this year. It’s not yet clear that this number is significant. The numbers were reported to the LA County Board of Supervisors on Tuesday. According to LASD officials, the spike may be attributed to a number of things, including more thorough use-of-force reporting.

The jail that reported the highest percentage jump in use-of-force incidents, 40%, was at Castaic’s North County Correctional Facility, while Twin Towers actually saw a reduction of 12% over last year’s numbers. You can view the rest of the statistics here (on page five).

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

The biggest increase occurred at North County Correctional Facility in Castaic, where Sheriff’s deputies used force against inmates 65 times – a 40 percent increase compared to the same period last year. The jail holds about 3,900 inmates.

“I’m not sure if the actual use of force is up, or if we’re doing a better job reporting it,” said Assistant Sheriff Terri McDonald, who oversees the county’s sprawling jail system. “But I’m concerned it’s up.”

[SNIP]

In all, deputies used force 512 times during the first nine months of the year. Most of the incidents — 352 — involved “control holds” or the use of chemical agents like Mace. Punches, kicks, the use of Tasers or batons, “and/or any use of force which results in an injury or lasting pain” accounted for 157 incidents.

Three incidents involved shootings, strikes to the head, “and/or any force which results in skeletal fractures and/or hospitalization.”

In 53 cases, inmates accused deputies of using excessive force. The department determined 42 allegations were unfounded, ten remain under review, and one was determined to be true.

Posted in ACLU, CDCR, LAPD, LASD, LGBT, prison policy, solitary | 21 Comments »

State Urged to Intervene at Two More LA High Schools, Kern County School Discipline Lawsuit, Prop 47′s LA Savings, and PPOA Interviews McDonnell

October 17th, 2014 by Taylor Walker

TWO MORE LA HIGH SCHOOLS NOT GIVING KIDS NEEDED CLASSES, STATE CALLED ON TO STEP IN

On the same day that beleaguered LAUSD Superintendent John Deasy announced his resignation, the ACLU and Public Counsel filed a report at Alameda County Superior Court urged the state to intervene at two more LAUSD schools—Dorsey and Fremont—for failing to educate students.

Last week, Alameda County Superior Court Judge George Hernandez Jr. ordered LAUSD to work with the state to come up with a plan to fix Jefferson High School’s scheduling system that was giving kids filler classes and sending them home early with minimal instruction. (Read that story, here.) On Tuesday, the state board of education approved the school district’s $1.1 million plan to fix the Jefferson crisis.

Jefferson and Fremont high schools are named in a class action lawsuit filed by the ACLU and Public Counsel, Cruz v. California, challenging the state’s failure to provide an adequate education to kids attending nine schools in LA, Compton, Contra Costa, and Oakland.

KPCC’s Annie Gilbertson has more on the new action. Here’s a clip:

Judge George Hernandez Jr. ordered state and local officials to intervene at Jefferson High School on Oct. 8. Less than a week later, Los Angeles Unified officials presented a plan to reschedule students, add more classes and lengthen the school day a half hour so students could catch up on lost time.

The state board on Tuesday approved $1.1 million to pay for the fixes.

The ACLU and Public Counsel found students Dorsey and Fremont high schools are also enrolled in courses they already passed, working as aides or going home early rather than being challenged academically.

In a status report filed in Alameda County Superior Court Thursday, attorneys argued Los Angeles Unified officials haven’t done enough to identify students losing learning time and haven’t clearly stated how they’ll fix the problem.

“Plaintiffs are further investigating the remaining high schools in this litigation and will be taking steps to seek prompt relief for all students at these schools, who like students at Jefferson, have been and continue to be deprived of instruction time due to assignment to course periods with no content or failure to finalize an appropriate master schedule in advance of the school year,” according to the filing.


AND OVER IN KERN COUNTY…A LAWSUIT AGAINST HARSH DISCIPLINE FOR MINORITY KIDS

Last year, we shared Susan Ferriss of Center for Public Integrity’s stories about Latino kids (many English-learners) and black kids in Kern County receiving disproportionate punishment and transfers to remote alternative schools and independent study.

Late last week, a lawsuit against Kern County School District was filed on behalf of a number of the kids in Ferriss’ stories. The suit says the district declined to fix racially disparate practices in accordance with California’s new discipline reforms.

Kern is also accused of misreporting expulsions as transfers, as well as “tricking” and “coercing” parents into waiving kids’ due process rights, allowing the school to immediately transfer disciplined students to alternative schools.

The suit was filed by a number of non-profit and advocate groups including, California Rural Legal Assistance and the Mexican American Legal Defense and Educational Fund [MALDEF].

Here’s a clip from Susan Ferriss’ latest story on the issue:

…the suit accuses the Kern High School District of failing to comply with new state discipline policies and adopt alternative practices designed to diffuse problems without resorting to kicking kids out.

The suit also accuses the district of labeling students that its regular campuses kick out as “involuntary” or “voluntary transfers” instead of expulsions that must be reported to state and federal databases.

The suit notes that the district — under scrutiny after media reports — did cut its expulsions from 2,040 in 2011 to 256 students in 2013. But the groups argue that enrollment has not declined at alternative schools because of continuing transfers of students that parents — many of them limited English speakers — agree to authorize without fully understanding other options.

The district, the suit alleges, “has implemented a ‘waiver’ system, under which students and parents are convinced through intimidation, coerced or tricked into waiving the due process protections accompanying formal discipline and accepting immediate placement in alternative schools.”

The suit also argues that stark ethnic disparities persist among kids officially expelled from Kern’s high schools.

During the 2012-2013 school year, according to the suit, 67 percent of black students who were expelled were kicked out for infractions that did not include physical injury, possession of drugs or weapons. Only 42 percent of white students expelled were removed for similarly less serious infractions.


MORE PROP 47 STATISTICS ON COUNTY SAVINGS, AND MORE

The Center for Juvenile and Criminal Justice has issued a new report on estimated savings and jail population reductions each California county can expect if Prop 47 passes next month. (If you’ve forgotten, Prop 47 would reclassify certain low-level drug and property offenses from felonies to misdemeanors, incurring punishments like probation and treatment, or a max of one year in jail, instead of more lengthy prison sentences.)

The CJCJ brief says Los Angeles would likely save between $100-$175 million, free between 2,500 and 7,500 jail beds, and affect nearly 10,000 offenders.

For further Prop 47 reading, the San Jose Mercury News’ Tracy Kaplan has more on the measure’s proponents, which include three three county district attorneys, Newt Gingrich, and a retired SD Police Chief, as well as opponents, which include other DAs and peace officer associations.


PPOA INTERVIEWS LA SHERIFF CANDIDATE JIM MCDONNELL

A new 33 minute interview by Brian Moriguchi, the president of the Professional Peace Officers Association (PPOA), with Los Angeles Sheriff-hopeful, LBPD Chief Jim McDonnell, addresses questions about issues like civilian oversight, leadership, transparency, and field deputy positions. The interview is the first installment in a three-part interview with McDonnell. Watch the entire first video above.

Posted in ACLU, Jim McDonnell, LASD, LAUSD, Sentencing, Zero Tolerance and School Discipline | 15 Comments »

Innocent Man Freed Amid “A Legacy of Disgrace”….LA Times Pushes for Recordings of Cop Interrogations…..”Chip” Murray Slams Tanaka…Charges Filed Against LA Mom for Kid’s Gun at School

October 16th, 2014 by Celeste Fremon



A CASE OF INNOCENCE, TEENAGERS MAKING FALSE CONFESSIONS AND “A LEGACY OF DISGRACE”

On Wednesday, David McCallum, a 45-year-old Brooklyn man, was freed after spending 29 years locked up for a kidnapping and murder that it has now been found he did not commit, although he and his friend confessed to the crime when they were both 16.

“I was beaten by the officers and I was coerced into making a confession,” McCallum told a parole board in 2012.

When announcing that McCallum and his co-defendant, Willie Stuckey, had been cleared of the killing, Brooklyn District Attorney Kenneth Thompson said grimly, “I inherited a legacy of disgrace with respect to wrongful convictions.”

McCallum called his release “bittersweet” because “I’m walking out alone.” His friend Stucky, while also cleared, had died in prison of a heart attack in 2001.

Oren Yanev of the New York Daily News broke the story of McCallum’s impending release on Tuesday, and had more on the story Wednesday.

Here’s a clip:

Stuckey’s mother, Rosia Nealy, sat in her dead son’s stead and she comforted McCallum as he broke down after the judge announced his exoneration. The two then embraced as some in the jam-packed courtroom cheered and clapped.

[Brooklyn District Attorney] Thompson said there “is not a single piece of evidence” that connected the two suspects to the crime — except for their brief confessions, which prosecutors have now concluded were false.

McCallum and Stuckey were both convicted for the kidnapping and murder of 20-year-old Nathan Blenner and were sentenced to 25 years to life.

McCallum’s lawyer, Oscar Michelen, said he had brought up the case with the conviction integrity unit of ex-DA Charles Hynes, who was defeated a year ago in large part because of the ballooning wrongful convictions scandal.

“Our pursuit of justice for David fell on deaf ears,” he said of the two years or so they’ve been communicating with prosecutors.

“They basically told us, ‘Call us when you find the real killer,’” the lawyer recalled.

Eventually Michelen, along with some of McCallum’s other supporters, did approach the DA’s office with evidence that DNA obtained from a car used in the abduction matched another suspect who had been questioned in 1985 without the defense ever being notified.

McCallum and Stuckey make ten exonerations for Thompson’s office since the Brooklyn DA took office in January— with two of those exonerations issued posthumously.

The video above is a trailer for a documentary about the efforts of famous exoneree, Rubin “Hurricane” Carter, along with the filmmaker and his father, to free McCallum.


LA TIMES SAYS CALIFORNIA LAW NEEDED TO REQUIRE VIDEO RECORDING OF ALL INTERROGATIONS FOR SERIOUS FELONIES

David McCallum, in the story above, was convicted in Brooklyn, New York, not California, but the issue of false confessions leading to wrongful convictions potentially affects every state in the union.

The LA Times editorial board wants California to pass a law requiring video recordings of all interrogations for serious felonies.

Here’s a clip from their editorial on the topic:

The Innocence Project says that over 15 years, 64 of 102 erroneous murder convictions nationwide were based on false confessions. About 22% of all wrongful convictions involved coerced or otherwise improperly obtained confessions.

There’s a simple step that can help address this: Require police to videotape interrogations of suspects in serious felony cases. More than 40 California cities or agencies already do this, including San Diego and San Francisco. (Los Angeles does not.) Federal agents in the Department of Justice began doing so in July. The benefits are clear and laudable: a chance to reduce wrongful convictions, protect police from contrived allegations of abuse or malfeasance and save the expense of defending bad cases.

California has considered this before. The Legislature passed such laws in 2005 and 2007, but Gov. Arnold Schwarzenegger vetoed them because of his fear of constraining police.

[SNIP]

Since 2010, Congress has considered several bills that would have provided matching federal funds to install recording systems, but it has failed to pass them. It should do so.

But even if it doesn’t, the Legislature should work with Gov. Jerry Brown to recraft legislation requiring the recordings. It would protect both the integrity of the criminal justice system and the innocent.


REV. “CHIP” MURRAY WRITES THAT PAUL TANAKA SHOULD NOT BE SHERIFF

Rev. Cecil “Chip” Murray has written an unusually strongly-worded Op Ed for the Los Angeles Sentinel outlining why he feels that former Undersheriff Paul Tanaka should not be the next Los Angeles County Sheriff.

Murray, as you may or may not remember, was the Vice Chair of the Citizen’s Commission for Jail Violence, the blue ribbon panel appointed by the LA County Board of Supervisors to investigate allegations of systemic abuse within the county’s jail system and to recommend reforms.

Now he serves as the John R. Tansey Chair of Christian Ethics in the School of Religion at USC. Yet, he is best known as former pastor of the First African Methodist Episcopal Church (FAME) who in his 27 years at the pulpit, transformed a small congregation of 250 people into a powerhouse 18,000 person church recognized throughout the nation.

Murray writes that he and his fellow CCJV commissioners found their year long process to be “deeply troubling,” which led to his reason for writing the Op Ed.

Here’s a clip from his essay:

…During those hours of testimony, time and time again we were pointed back to the integral role of then-Undersheriff Paul Tanaka, who we heard had little interest in curtailing years of abuse, failed to hold deputies accountable, encouraged LASD personnel to “work in the grey” — on the border of right and wrong — and undercut managers who tried to reign in abuses. Indeed, our report concluded that “the troubling role of [then]-Undersheriff Tanaka cannot be ignored.”

Now, Mr. Tanaka is running for Sheriff and asking the public to ignore or forget the leadership role he had in overseeing the violence and corruption that the Commission uncovered and for which he was eventually forced out of LASD.

While I am not ordinarily vocal in political races, the race for the next Sheriff is too important for me sit on the sidelines. This election is about the future of the LASD and how we treat the men and women of our community and in custody.

[SNIP]

The report issued by the CCJV concluded in no uncertain terms that “Undersheriff Tanaka promoted a culture that tolerated the excessive use of force in the jails.” Our report described in detail how Tanaka “discouraged supervisors from investigating deputy misconduct,” “vetoed efforts” to address the problem of deputy cliques and “encouraged and permitted deputies to circumvent the chain of command.” The report also recounted a system of patronage within LASD that Tanaka created: “many department members believe promotions and assignments are based on loyalty to the Undersheriff” (Tanaka) and “campaign contributions accepted by Tanaka furthered the perception of patronage.” This demonstrably poor judgment and misdirected leadership has continued beyond his tenure at LASD; in his race for Sheriff, Tanaka has accepted a large number of campaign donations from current and former employees of the Sheriff’s Department…..

[SNIP]

All in all, Mr. Tanaka’s “leadership” has resulted in the indictment of over 20 former LASD members, federal convictions and prison sentences of seven of those individuals, and legal costs to the County based on civil lawsuits likely to exceed 200 million dollars. And Mr. Tanaka himself remains the subject of an ongoing federal criminal investigation.


LA CITY ATTORNEY FILES CHARGES AGAINST MOM WHEN SON BRINGS LOADED GUN TO SCHOOL

On May 13 of this year, a 17-year-old at a Van Nuys continuation high school got into a fight with another boy on campus. The next day, he reportedly brought a loaded 45-caliber semiautomatic pistol to school, along with an extra magazine in his backpack, and showed the gun to a friend. School police heard about the weapon recovered the gun and ammo from the kid’s backpack.

The following day, when police executed a warrant at the kid’s home, they reportedly found four other unsecured firearms that belonged to the boy’s mother in places like a bedroom drawer and inside a kitchen cabinet.

On Wednesday of this week, LA’s City Attorney charged the student’s mother with four criminal counts: allowing a child to carry a firearm off premises, allowing a child to take a gun to school, permitting a child to be in a dangerous situation and contributing to the delinquency of a minor—counts that each could carry a maximum sentence of a year in jail.

KPCC’s Erika Aguilar has the story. Here’s a clip:

City Attorney Mike Feuer called a press conference to announce charges against Leah Wilcken, 41, for failing to safely secure a semi-automatic handgun that her 17-year-old son took to Will Rodgers Continuation School in May.

“It has to be the case that when a parent sends their child to school, they do not fear that another child is going to have a weapon on campus,” Feuer said.

Feuer described the charges as the first ever filed in Los Angeles against a parent whose child took a gun to school. But KPCC found records of a 1995 case in which former City Attorney James K. Hahn filed similar charges against a Panorama City woman after her 9-year-old daughter took a gun to her elementary school and fired it on the playground.

California law requires weapons to be safely stored. Anyone who keeps a loaded firearm where children under 18 years can obtain it is required to store the firearm in a locked container or with a locking device that keeps it from functioning, according to state law….

According to the Kate Mather and Richard Winton of the LA Times, who also reported the story, an attorney who is a representative of the NRA thought the “charges seem inappropriate.”

Posted in 2014 election, elections, FBI, guns, Innocence, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Paul Tanaka, Sentencing, Sheriff Lee Baca | 3 Comments »

ABC 7 Obtains Evidence From LASD Obstruction Trial…In Depth on California’s Sex Trafficked Children…3 Roads Out of Foster Care….& More

October 15th, 2014 by Celeste Fremon


ABC7 SHOWS WHAT THE JURY HEARD & SAWA IN LASD OBSTRUCTION OF JUSTICE TRIALS

The video that shows Sergeants Scott Craig and Maricella Long confronting FBI Special Agent Leah Marx outside her home and threatening her with arrest in September 2011, (even though they never intended to arrest her) was one of the pieces of evidence that resulted in felony convictions for the two sergeants and for four other former members of the Los Angeles Sheriff’s Department. (All six are expected to surrender for their respective prison terms on January 4.)

ABC7 News has obtained that video plus various other recordings and documents that were considered crucial to the jury’s guilty verdict.

Here are a couple of clips from the excellent expanded web version of Tuesday night’s story by investigative producer Lisa Bartley.

By late September 2011, a Los Angeles County Sheriff’s Department “Special Operations Group” had FBI Agent Leah Marx under surveillance for more than two weeks. Her partner, FBI Agent David Lam, was under surveillance as well.

“Locate target and establish lifestyle,” reads the surveillance order for Agent Lam.

Surveillance logs on Agent Marx turned up nothing more nefarious than the young agent picking up after her medium-sized brown and white dog. The surveillance team notes in its report that the dog went “#2″.

It’s highly unusual for a local law enforcement agency to investigate and conduct surveillance on FBI agents, but this is an incredibly unusual case. Seven former deputies, sergeants and lieutenants stand convicted of conspiracy and obstruction of justice for their roles in trying to block a federal investigation into brutality and corruption in L.A. County Jails.

[LARGE SNIP]

Lying to the FBI is a crime, as Sgt. Craig would soon find out. Marx was not “a named suspect in a felony complaint” and Craig knew he could not arrest the FBI agent for her role in the FBI’s undercover operation at Men’s Central Jail. The FBI sting included smuggling a contraband cell phone into inmate-turned-FBI informant Anthony Brown through a corrupt sheriff’s deputy who accepted a cash bribe from an undercover FBI agent.

Craig did not have probable cause to arrest Marx because the contraband phone was part of a legitimate, authorized FBI investigation. No less than the head of the FBI’s Los Angeles Field Office had told then-Sheriff Lee Baca that himself more than a month before the threat to arrest Agent Marx.

The federal judge who oversaw all three trials delivered a harsh rebuke to six of the defendants at their sentencing last month.

Judge Percy Anderson: “Perhaps it’s a symptom of the corrupt culture within the Sheriff’s Department, but one of the most striking things aside from the brazenness of threatening to arrest an FBI agent for a crime of simply doing her job and videotaping yourself doing it, is that none of you have shown even the slightest remorse.”

The story also features other evidence such as the audio of Sgt. Long lying to Agent Marx’s FBI supervisor, Special Agent Carlos Narro, when he called to inquire about the arrest threat. (Then, after hanging up, Long appears to laugh with a sort of gloating amusement at Narro’s reaction, as the recorder was still rolling.)

In addition, there are examples of former Lt. Stephen Leavins and Sgt. Craig attempting to convince various witnesses not to cooperate with the FBI—AKA witness tampering.

For the jury—as those of us sitting in the courtroom who heard these and other recording snippets played over and over—the evidence could not help but be very potent.

ABC7′s Bartley has still more, which you can find here.


GONE GIRLS: LA MAG LOOKS AT SEX TRAFFICKING OF CALIFORNIA’S CHILDREN

In the US, California has become a tragic growth area for sex trafficking of children. Out of the nation’s thirteen high intensity child prostitution areas, as identified by the FBI, three of those thirteen are located in California—namely in San Francisco, Los Angeles and San Diego metropolitan areas.

In the November issue of Los Angeles Magazine, Mike Kessler has a terrific, in depth, and very painful story about those who are fighting to help the young victims of repeated rape for the profit of others.

We’ve excerpted Kessler’s important story below.

The sex trafficking of minors, we’ve come—or maybe want—to believe, is limited to developing nations, where wretched poverty leaves girls with few options. But too many children in Los Angeles County know that the sex trade has no borders. They can be runaways fresh off the Greyhound, immigrants from places like Southeast Asia and eastern Europe, aspiring “models” whose “managers” have them convinced that sexual favors are standard operating procedure. Uncovering the sale of children is difficult at best. While some authorities suspect that boys are sexually exploited as often as girls, nobody knows for sure. Boys are rarely pimped, which isn’t the case for girls. And what little law enforcement agencies can track usually happens on the street, at the behest of pimps, albeit in areas that society tends to ignore. In L.A. County that means poor black and Latino neighborhoods such as Watts, Lynwood, Compton, and parts of Long Beach, along with Van Nuys and Pacoima in the San Fernando Valley. “This is the demographic that’s most afflicted,” Kathleen Kim, a professor at Loyola Marymount University’s law school, a member of L.A.’s police commission, and an expert on human trafficking, told me. “It’s a problem among marginalized children.” According to the district attorney’s office, 29 confirmed cases of child sex trafficking were reported in L.A. County in the first quarter of this year. That’s roughly 120 minors sold for sex annually, but, authorities agree, the statistics fall short of reality when there are so many ways to hide the crime.

LAPD Lieutenant Andre Dawson is a 32-year department veteran who, for the past four years, has run an eight-person team dedicated to slowing the commercial sexual exploitation of children, whom he once thought of us prostitutes. Now he sees the kids as the victims they are.

Fifty-six and a year away from retirement, Dawson is six feet three inches, bald, and handsome, with a graying mustache. When I met him on a recent Friday evening, he was sharply dressed in a black Kangol cap, chunky glasses, a collarless white shirt, and dark designer jeans. In his cubicle he keeps binders documenting the lengths to which pimps go to lay claim to the children they sell. There’s a photo of a girl’s chest, the words “King Snipe’s Bitch” tattooed on it. King Snipe, or Leroy Bragg, is in prison now. Girls are stamped in dark ink with their pimp’s nickname, “Cream,” an acronym for “Cash Rules Everything Around Me.” One bears his name on her cheek. The girl was 14 and pregnant at the time she was branded. The burn mark on a different young woman’s back was from an iron applied by her pimp, Dawson said. He brought out a twist of lime-colored wires that was two feet long and as thick as three fingers, duct tape binding them together. “We call this ‘the green monster,’ ” he said. “It’s what one of these pimps used to discipline his girls. He beat one of them so bad, he pulled the skin off of her back.”

Once the sun went down, Dawson draped a Kevlar vest over my torso and drove me through “the tracks,” stretches of city streets where money is exchanged for sex. They’re also known collectively as “the blade,” owing to the risks one takes when walking them. Threading his SUV through the crush of downtown traffic, he recounted how he used to regard the kids he arrested as willing participants. They were defiant toward police, he said. Invariably the girls protected their pimps and went back to the streets. But as he talked to child advocates, he came to the realization that most of the kids lacked the emotional maturity to know they were being abused. “The chain is around the brain,” he said, passing the big airplane by the science museum at Fig and Expo. “The more I work with this population, the more I understand that 12- and 13-year-old girls don’t just call each other up and say, ‘Hey, let’s go out prostituting.’ They’re not just using bad judgment. They’re doing it because they’re desperate for love or money or both. They think they’re getting what they can’t get somewhere else.” Even more tragic, Dawson said, is that “these girls think the pimp hasn’t done anything wrong.”

While poverty, parentlessness, and crushingly low self-esteem are all factors, there’s another reason so many kids wind up in “the game,” or, as some call it, “the life”: Dawson estimates “nine-and-a-half or ten out of ten” of the girls he encounters were victims of sexual abuse that began long before they turned their first trick. I asked him how many adult prostitutes he encounters started when they were underage. “Ninety-nine percent,” he said. “It’s all they’ve known.”

Kessler met up with LA County Supervisor Don Knabe in Washington D.C. when Knabe—who says he has grandchildren the age of some of the sex trafficking victims—was working to shake loose federal dollars to fund some of LA County’s programs, like LA’s STAR Court (that WLA posted about here), that prevent underage girls from being bought and sold for sex. The supervisor brought with him a trafficking survivor, who predictably had more of an affect on the D.C. crowd at a press conference on the topic, than the gathered politicians.

Knabe has been a vocal supporter of California legislation introduced by Republican state senator Bob Huff, of Diamond Bar, and Democrat Ted Lieu, of Torrance. Their “War on Child Sex Trafficking” package consists of bills that would make it easier for law enforcement agencies to obtain wiretap warrants on suspected pimps and list pimping as an official gang activity, since pimps often have gang affiliations and sentences can be stiffened for crimes committed by members. Consequently Governor Jerry Brown this year created a CSEC budget of $5 million, which will go toward training and services; next year that budget will jump to $14 million. At the federal level Knabe has been a point man for Democratic Representative Karen Bass, whose district encompasses several South L.A. County neighborhoods, and for Texas Republican Congressman Ted Poe, both of whom are pushing tough-on-trafficking legislation.

Knabe had brought Jessica Midkiff, the survivor I’d met at the diner in L.A., to D.C. for the press conference. After the supervisor spoke, she took the microphone and addressed the 30 or so reporters in the room. Choking back her nervousness, she said, “I was exploited beginning at the age of 11 and was arrested several times across the United States before the age of 21. For a lot of young women like me, trauma began at an early age. Before the commercial sexual exploitation, abuse was a major factor in most of our childhoods. In my case, I was raped, beaten, and mentally abused from 3 to 11 years old by a number of men.” She made no effort to conceal the blot of ink on her neck, the indecipherable result of one pimp’s tattoo being covered by another’s over the course of a decade. She spoke of the violence and coercion, the desperation and loneliness that victims suffer, the cruelty of pimps and the ubiquity of johns. “Our buyers can be members of law enforcement, doctors, lawyers, and business owners,” Jessica said. “Why would anybody believe us?” One of her johns, she added, was an administrator at a school she attended “who followed, stalked, and harassed me to get into his car” when he was “in his forties and I was only 14 years old.”

During the Q&A afterward, a reporter asked what Jessica or her pimps charged for their services. She demurred at first. Asked again a few minutes later, she reluctantly said, “It starts at 50 dollars and moves its way up to a couple hundred and even thousands. The younger the child, the higher the cost.”

There’s lots more to the story, so be sure to read on.


THREE BROTHERS & THREE VERY DIFFERENT TALES OF THE FOSTER CARE SYSTEM

On a Sunday in 2006, three brothers escaped from the home of their alcoholic, abusive grandmother. (Their mother was a drug addict so they no longer lived with her.) A month later, social services showed up at their sister’s door and took the three boys—Matt, 14, Terrick, 12, and Joseph, 11—into the foster care system. A social worker told them they would not be separated. The promise turned out not to be true.

Brian Rinker of the Chronicle of Social Change looks at the experiences and subsequent paths of each of the three boys, and what those paths say about the foster care system in California.

Here’s a clip:

They stashed a black plastic garbage bag full of clothes next to a dumpster outside their grandmother’s apartment in Whittier, California, and wore extra socks, shirts and pants underneath their church outfits. Their older sister, 23, would pick them up at a nearby Burger King. From there, according to the brothers, she would whisk them away and raise them as her own.

So instead of stepping onto that church bus as they had done every week past, the Bakhit brothers walked to Burger King praying that whatever lay ahead was better than what they left behind.

Matt, the eldest, was the mastermind. At 14, a wrestler and high school freshman, Matt said living in the strict, abusive home stifled his maturity. How could he grow into a man?

“My grandma, over any little thing, would pull my pants down and whoop me with a belt,” Matt, now 22, said in an interview.

But freedom from his abusive grandmother didn’t mean an end to his and his brothers’ hardships.

Child protection intervened less than a month later at their sister’s San Diego home. The brothers remember a social worker telling them they would not be separated. They packed their belongings once again into plastic bags and piled into the social worker’s car. The brothers cried.

Despite the promise, 20 minutes later the social worker dropped Matt off at a foster home. Terrick and Joseph were taken to the Polinsky Children’s Center, a 24-hour emergency shelter in San Diego for kids without a home, or as Joseph calls it, “purgatory.”

[BIG SNIP]

The tale of the brothers Bakhit exemplifies the strengths and weaknesses of a foster care system struggling to care for thousands of abused and neglected children. The same system that nurtured Joseph also alienated Matt, and lost Terrick to the juvenile justice system, which cut him from foster care and cast him out on the streets: broke, hungry and with nowhere to go.

[SNIP]

Despite a traumatic childhood, Joseph, the youngest, now 19, grew up a success by most standards. He graduated as valedictorian from San Pasqual Academy, a residential school for foster youth. The academy gave him a car: a black 2008 Toyota Scion XD.

When he got accepted to UC Berkeley, scholarships and financial aid available only to foster youth paid his full ride. And because of a 2010 law extending foster care to age 21, he gets a $838 check every month until age 21.

Now in his second year of college, Joseph works at a dorm cafeteria and is engaged to his high school sweetheart.

Terrick and Matt’s experience was totally different.

By the time Joseph graduated from high school, Terrick and Matt were homeless on the streets of downtown San Diego….

Read on.


AZ PRISONS & JAILS CAN NO LONGER PEPPER SPRAY SCHIZOPHRENICS FOR ANY OLD REASON…AND OTHER SETTLEMENT TERMS

Across the nation, 45 percent of those in solitary confinement are mentally ill, notes Shane Bauer, of Mother Jones Magazine in a story about a class action lawsuit brought by the ACLU, the Prison Law Office, and by inmates at 10 of Arizona’s state prisons, which reached a settlement Tuesday with the Arizona Department of Corrections today to improve health care—including mental health care—and solitary confinement conditions in Arizona’s prisons.

Here’s a clip from Bauer’s story about the settlement:

The lawsuit, which has been going on for two years, won concessions that would seem to be common sense. Prison guards, for example, now can’t pepper spray severely mentally ill prisoners unless they are preventing serious injury or escape. And while these types of inmates were previously let out of their solitary cells for just six hours a week, the settlement requires Arizona to let them out for at least 19 hours a week. With some exceptions for the most dangerous, this time will now be shared with other prisoners, and will include mental health treatment and other programming.

People like this—–the schizophrenic, the psychotic, the suicidal—–are not a small portion of the 80,000 people we have in solitary confinement in the US today. According the National Alliance on Mental Illness, 45 percent of people in solitary have severe mental illnesses. The country’s three largest mental health care providers are jails.

Tim Hull of the Courthouse News also has a story on Tuesday’s settlement that even requires Arizona to pay $5 million in attorneys’ fees.

Posted in Board of Supervisors, crime and punishment, FBI, Foster Care, LA County Board of Supervisors, LA County Jail, LASD, mental health, Paul Tanaka, prison policy, Sheriff Lee Baca, The Feds, U.S. Attorney | 44 Comments »

LA Elementary School Kids Still Without Libraries, Interrogating Kids, LA Times on LAPD “Ghost Cars,” and Jim McDonnell’s New Radio Ad

October 14th, 2014 by Taylor Walker

LAUSD ELEMENTARY SCHOOL LIBRARIES STAFFING ISSUES EVEN WORSE AFTER BOOSTED FUNDING

Despite increased money for staffing libraries this year, the number of trained aides running LAUSD elementary school libraries has actually decreased by 20%, leaving around 100,000 LA kids without access to a school library. The problem, LAUSD Superintendent John Deasy says, is that it is very difficult to find specially trained staff willing to work just three hours per day.

(WLA has been following this issue for a while, now. Backstory can be found here.)

KPCC’s Annie Gilbertson has the story. Here’s a clip:

During budget hearings last spring, Superintendent John Deasy promised to spend $6 million to bring back the 192 library aides who would help open shuttered elementary libraries across the district this school year.

In 2011 budget cuts, Deasy and the school board laid off half of the district’s library aides and reduced the hours of many who were left. Without trained staff, schools can’t run a library under state law.

“Students don’t learn literacy skills (in the library). They learn that through trained teachers,” Deasy told KPCC in 2011, after the cuts were announced.

But despite a commitment to rehire staff, the number of elementary library aides have decreased by about 20 percent since last fall.

District officials said its difficult to recruit workers to work just three hours a day, five days a week – the schedule of many library aides.


PROBLEMS WITH USING ADULT INTERROGATION METHODS ON KIDS

The NY Times’ Jan Hoffman has an interesting story on interrogation techniques and why they elicit false confessions from teenagers. Hoffman points to a recent study of 57 interrogations of teens across the country. None of the teens exercised their constitutional rights: they did not remain silent, they did not leave, and they did not ask for a lawyer. Around 37% fully confessed, and 33% incriminated themselves.

Other research shows that kids do not fully understand their rights, and are easily worn down by persuasive interrogators trying to scare out a confession.

(For other WLA posts about problematic interrogation practices and false confessions, go here, here, and here.)

Here’s a clip from Hoffman’s story:

Teenagers, studies show, are not developmentally ready to make critical decisions that have long-term impacts.

“Adolescents are more oriented to the present, so they are less likely than adults to be thinking about the future consequences of what they’re saying,” said Laurence Steinberg, a professor of psychology at Temple University who writes about teenagers in the justice system and was not involved in this study.

Teenagers, he added, are also less likely than adults to know that the police can lie during interrogations.

“The police often promise kids things in the present. ‘If you just tell me you did it, you can go see your mom,’ ” he continued. “And because the brain’s reward systems are hypersensitive during adolescence, that immediate reward of confessing will trump the thinking of, ‘What will happen when I come back to court in a month?’ ”

Moreover, research shows that teenagers aged 15 and younger will unwittingly comply with authority figures. They are very suggestible, so that during an interrogation, they are more likely than adults to change their answers in response to interviewers.


LA TIMES: FALSE DATA REPORTING SYMPTOMS OF LARGER LAPD ISSUES?

Within the last three months, two reports have emerged revealing false data reporting within the LAPD. The first, an August LA Times report, found nearly 1,200 violent crimes misclassified as minor crimes, resulting in lower city crime rates.

Then, on Friday, an Office of Inspector General report found that department supervisors were boosting patrol numbers by deploying “ghost cars,” reporting officers as out on patrol who were actually filling out paperwork or performing other duties.

An LA Times editorial says that either the LAPD administration is unaware of what’s going on at the ground-level, or they are enforcing a culture in which department supervisors can only achieve goals by fixing the numbers. The editorial says the department needs to be held responsible for the false data reporting, but that the police commission should also examine why these errors are occurring.

Here’s a clip:

The Inspector General’s revelation is troubling for a number of reasons. For one thing, it’s dishonest. False data lead city leaders and the public to believe the streets are more heavily patrolled than they really are. That undermines our sense of how safe we are, and also influences policy decisions on, for example, whether the city should hire more civilians for administrative tasks or keep hiring officers. And if supervisors can justify lying about staffing levels in order to keep the bosses happy, what other transgressions or omissions will they allow?

Most worrisome is that this is the second report in recent months to conclude that the LAPD has been relying on bad data and inaccurate reporting. A Times investigation in August found that the department understated violent crime in the city by misclassifying nearly 1,200 violent crimes as minor offenses during a one-year period. LAPD Chief Charlie Beck chalked that up to human error, although department insiders said deliberate miscoding had become common as captains and other supervisors were — again — under intense pressure to meet crime-reduction targets set by the brass.


NEW RADIO CAMPAIGN BY “FRIENDS OF MCDONNELL”

The independent expenditure committee, Friends of McDonnell for Sheriff 2014, has launched a $250,000 radio campaign on LBPD Chief Jim McDonnell’s behalf.

In the 60 second ad, LA District Attorney Jackie Lacey calls on listeners to vote McDonnell for Los Angeles Sheriff. Here’s the transcript:

This is Los Angeles County District Attorney Jackie Lacey. There is no better choice for Los Angeles County Sheriff than Jim McDonnell. Jim is recognized as a leader in law enforcement leader. He has decades of experience with LAPD and as Chief of the Long Beach Police Department.

I respect and endorse Jim because he has integrity, independence, and has served on the front line of law enforcement. Proven leadership is why Jim McDonnell is endorsed by four previous DA’s.

Jim McDonnell is endorsed by all 5 County Supervisors and Mayor Eric Garcetti. Every daily newspaper in Los Angeles County has also endorsed Jim McDonnell for Sheriff. I know Jim McDonnell can get the job done as Sheriff. I have seen him in action.

Whether you vote by absentee ballot or at the polls, be sure to vote for Jim McDonnell for L.A. County Sheriff.

While Paul Tanaka is technically still in the race, he has been rather quiet in his campaigning, opting to speak at smaller events, and posting a couple of videos on his social media pages (including a video of former sheriff contender Pat Gomez endorsing him).

Posted in District Attorney, Jim McDonnell, juvenile justice, LAPD, LASD, LAUSD, Paul Tanaka | 14 Comments »

LA Supes Votes YES on Controversial ICE Partnership….Prop 47 Gathers Support & LA Times Endorses……& A New Tanaka Fan

October 8th, 2014 by Celeste Fremon



On Tuesday, the LA County Board of Supervisors voted to keep a controversial immigration policy
known as 287(g), making LA only one of two counties in the state to continue to implement the 1996 statute that permits the federal government to delegate immigration enforcement powers to state and local law enforcement.

Both Riverside and San Bernardino recently chose to halt participation with 287(g), making Orange County and LA the sole California holdouts.

LA would use 287(g) only in the the LA County jails, where immigration agents are embedded, and custody personnel are trained to screen inmates for immigration status.

Supervisors Gloria Molina, Mike Antonovich and Don Knabe voted for the measure, while Zev Yaroslavsky and Mark Ridley-Thomas abstained.

According to KPCC's Leslie Berestein Rojas, one of the biggest reasons that the Supes and the LASD leadership favored the policy has to do with money.

Here's a clip from Berestein Rojas' story:

"It helps us maintain better records for the purpose of reimbursement from the federal government," said Anna Pembedjian, justice deputy for County Supervisor Michael Antonovich, a supporter of 287(g).

What Pembedjian is referring to is a federal grant program known as SCAAP, for State Criminal Alien Assistance Program. Counties like Los Angeles are partially reimbursed by the Department of Justice for incarcerating certain foreign-born criminals, and the better they can document their inmate population, the better their reimbursement chances.

[SNIP]

But in recent years, funding has been cut. Los Angeles County’s annual SCAAP award has gone from roughly $15 million in the late 2000s to about $3.4 million in 2014.

The county now gets reimbursed roughly 10 cents on the dollar for every SCAAP-eligible foreign inmate, Pembedjian said. Less than before, but it’s money the county would otherwise still have to spend.

“When these individuals are arrested and serving time in our jails, we have no alternative but to provide them with the housing, the mental health care, the medical care, food and security, which costs the county taxpayers millions of dollars every year,” Pembedjian said. “It is imperative for the county to recover the money from the federal government, otherwise if forces cuts in other vital services.”

Supervisor Gloria Molina, who was one of the three on the board who voted to keep the program, cited public safety as the her primary motivation.

But Hector Villagra, executive director of the ACLU of Southern California, said such a rationale was flawed.

"Sadly, the supervisor has chosen to ignore a mountain of evidence, including DHS’ own published statistics on the program that clearly indicate that vast majority of individuals deported under the 287(g) agreement had not been convicted of a serious crime, or had no criminal history. In 2010, 80% of the people identified for deportation under this program were not convicted of a serious felony."

Indeed, according to a 2011 report by the Migration Policy Institute, nationally, 50 percent of those snatched by the program have committed felonies or other crimes that ICE considers serious. The other half of those detained have committed misdemeanors and/or have been involved in traffic accidents.

Prior to the vote, Villagra and the So Cal ACLU had urged board members to wait until a new sheriff is chosen in November to make up their minds on 287(g). But, as with the two billion dollar jail building decision (about which they were similarly asked to hold off until November) the board declined to delay the vote.

"It is inconceivable that our County leadership has chosen to continue a failed program that has already been abandoned in over 250 jurisdictions throughout the nation- including the City of Los Angeles," said Maria Elena Durazo, of the Los Angeles County Federation of Labor, and Angelica Salas, Director of Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), in a joint statement.

Yes, well, apparently it's not so inconceivable. But it is very disappointing.


PROP 47 AHEAD IN THE POLLS & THE LA TIMES ENDORSES IT

The New York Times' Erik Eckholm reports that, at the moment, Proposition 47 appears poised to pass, with the September poll by the Public Policy Institute showing 62 percent of voters in favor, 25 against. As you likely know, Prop 47 is the initiative that would reclassify a list of low-level felonies as misdemeanors making them punishable by at most one year in a county jail and, in many cases, by probation and counseling. The changes would apply retroactively, shortening the sentences of thousands already in prison or jails.

Although most district attorneys, and many law enforcement organizations (including the California Police Chief's Association) are against the initiative, San Francisco District Attorney George Gascón, the former SF police chief and former second in command for the LAPD, has become one of the measure's champions. And 47 has gathered strong support among some prominent conservatives, as well as liberals, and moderates, writes the Times' Eckholm.

Large donations in support have come from the Open Society Policy Center, a Washington-based group linked to George Soros; the Atlantic Advocacy Fund, based in New York; Reed Hastings, the chief executive of Netflix; and Sean Parker, the former president of Facebook.

But the largest single donor is B. Wayne Hughes Jr., a conservative Christian businessman and philanthropist based in Malibu. In one of the most tangible signs yet of growing concern among conservatives about the cost and impact of incarceration, Mr. Hughes has donated $1.255 million.

Mr. Hughes said he had been inspired by the late Chuck Colson to start prison ministry programs in California, and that his firsthand contact with prisoners and their families convinced him that the current heavy reliance on incarceration is often counterproductive.

“This is a model that doesn’t work,” he said in an interview. “For the $62,000 cost of a year in prison, you can send three kids to college,” he said. “But for me, it’s not just about the money, it’s about our fellow citizens who are hurting.”

Mr. Hughes was joined by Newt Gingrich as co-author of an op-ed in The Los Angeles Times urging citizens to vote yes....

The LA Times is the latest to endorse Proposition 47, saying that it will help California make more intelligent use of its criminal justice and incarceration resources, including the allocation of resources "to curb the likelihood of [lawbreakers] committing new crimes."

The San Francisco Chronicle endorsed 47 late last month.

Here's a clip from the Times' endorsement editorial:

Proposition 47 would do a great deal to stop the ongoing and unnecessary flow of Californians to prison for nonviolent and nonserious offenses and would, crucially, reduce the return flow of offenders from prison back to their neighborhoods in a condition — hardened by their experience, hampered by their felony records, unready for employment or education, likely mentally ill or addicted — that leaves them only too likely to offend again. It is a good and timely measure that can help the state make smarter use of its criminal justice and incarceration resources. The Times strongly recommends a "yes" vote on Proposition 47.

The measure has three parts. It would reduce sentences in California for a handful of petty crimes — drug possession and some types of theft, such as shoplifting — that currently are chargeable as either misdemeanors or felonies but should be just misdemeanors. It would open a three-year window during which inmates serving felony sentences for these crimes could apply to have their sentences reduced. And it would direct the savings from lowering the prison population to be spent on the kinds of things that, as data have shown time and again, keep significant numbers of former inmates from re-offending: substance abuse and mental health treatment, reentry support and similar services that also help crime-battered neighborhoods. Much of the savings would also be spent on truancy prevention and support for crime victims.

Opponents offer arguments that are familiar for their fear-mongering tactics but are new in some of their particulars: baseless yet ominous warnings that waves of dangerous criminals will be released; odd predictions about, of all things, date rape; acknowledgment that current sentencing is often excessive and counterproductive, but excuses for not previously having made sensible changes.

The LA Times board notes that it's too bad that such sentencing reform requires an initiative, that changes of this nature should ideally be accomplished by a non-political sentencing commission, or at the very least by state lawmakers but....dream on.

...experience shows that lawmakers, so comfortable with adding new crimes and increasing sentences, are generally incapable of lowering them in the face of pressure from law enforcement and victims' interest groups, even when overwhelming evidence points to better safety, greater savings and other positive outcomes from decreased penalties.

So a proposition is what we have---and one the Times contends will be a boon for even some of its critics:

One likely benefit of Proposition 47 is not advertised but could make a real difference: With fewer crimes charged as felonies, there would be far fewer preliminary hearings (they are not needed for misdemeanor charges), which means fewer police officers pulled off the streets to wait around in courthouses to testify, less preparation time needed by deputy district attorneys and deputy public defenders, and less of a drain on local law enforcement and criminal justice budgets. It is one of many ways in which Proposition 47 would be a step forward for California.


FORMER CANDIDATE FOR SHERIFF ENDORSES PAUL TANAKA. (YES, REALLY.)

In a slightly odd turn of events, former candidate for LA County Sheriff, retired LASD lieutenant Patrick Gomez, just endorsed former undersheriff Paul Tanaka for the job according to a release from Tanaka's campaign.

This wouldn't be quite so peculiar were it not for the fact that Gomez spent part of nearly every candidate debate during the primary slamming Tanaka in particular.

For instance, here is what the Daily News reported after one of the early debates:

“Gomez, meanwhile, attacked Tanaka, who had been Baca’s second in command…. “I’m going to request that the FBI request a forensic audit,” Gomez said. “Tanaka talked about being a CPA, yet the auditor released a report in January that said $138 million were mishandled from special accounts within this department. Who was responsible for that?

‘These people talk about there’s been a lack of leadership — (but) these are the leadership people — they’re the assistant sheriff and the undersheriff, current and past. We’ve got to hold them accountable when we vote on June 3rd.’ ”

We guess that everyone's entitled to change his mind if he so desires. We'd just be very curious to know what new points of view persuaded Lt. Gomez to change his in this matter.

Posted in immigration, jail, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Los Angeles County, Paul Tanaka, Sentencing | 32 Comments »

Federal Consent Decree Seems Almost Certain for LA County Jails – UPDATED

October 3rd, 2014 by Celeste Fremon



Failure to implement sufficient changes in the running of LA County’s huge and troubled jail system
means that federal oversight, in the form of a federal consent decree, is all but certain, reports Cindy Chang of the LA Times late Thursday evening.

Here’s a clip that provides a few of the details.

The June 4 letter described “dimly lit, vermin-infested, noisy, unsanitary, cramped and crowded” living conditions that exacerbated inmates’ mental distress. After suicides more than doubled, from four in 2012 to 10 the following year, jail officials did little to address the situation, the letter said, calling many of the suicides preventable.

In an interview Thursday, Supervisor Mark Ridley-Thomas accused the Sheriff’s Department and the county mental health department of not taking the problems in the jails seriously. A federal consent decree would be a black mark on the county, amounting to “dereliction of duty” and “absconding of responsibility,” he said.

“The federal government is saying that they’re throwing … their hands up,” Ridley-Thomas said. “In other words, they’ve given you every chance to improve up, and you’ve failed to do so.”

UPDATE: FYI, here is the November 25 letter from the DOJ to Rodrigo Castro-Silva, the assistant county counsel who appears to be representing the sheriff’s department in negotiations.


EDITOR’S NOTE: A FEDERAL CONSENT DECREE? BRING IT ON

Yes, it will cost LA County taxpayers millions of dollars, but after decades of callous disregard by those with the power to do something about the urgent problems in our jails—problems flagged by the Department of Justice, the FBI, the ACLU, a very long list of advocacy organizations, and by media outlets like this one—it appears that the feds are finally saying enough.

Somebody has to be the grown-up around here.

Ridley-Thomas is right about this news pointing to a dereliction of duty by the Sheriff’s Department and the County Mental Health Department, both of which, as recently as this past May, had the gall to use the spectre of a consent decree to bully the requisite three members of the board of supervisors into rushing to a vote on the $2 billion jail building plan, rather than, say, focusing first on a diversion program for the non-violent mentally ill to get them out of the jails. (Antonovich, Molina & Knabe, voted for it. Ridley-Thomas did not vote for the jail package, but abstained; Yaroslavsky voted no.)

The LASD and County Mental Health folks sternly told the board that galloping breathlessly forward with the pricey jail project was the one and only thing thing that would placate the feds and fend off a federal consent decree—a statement that was, of course, utter horse pucky.

But, why trouble one’s self with facts?

So, for that, and a plethora of other reasons—heck, yeah. Bring it on.

Posted in jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca, The Feds | 43 Comments »

$20 Million to Mental Illness Diversion, Gov. Brown’s Veto of Prosecutorial Misconduct Bill, Too Few LASD Patrol Cars In Unincorporated LA, and Rikers’ Ban On Solitary for Kids

October 2nd, 2014 by Taylor Walker

SUPES SET ASIDE $20 TO KEEP MENTALLY ILL OUT OF JAIL AND IN TREATMENT

On Tuesday, the LA County Board of Supervisors voted to allocate $20 million for keeping the mentally ill out of lock-up, and steering them into treatment and other tailored services, instead. The money is being earmarked for diversion programs pending LA DA Jackie Lacey’s upcoming recommendations for how to best divert mentally ill offenders.

The Supes made this decision earlier than expected, having previously said they would wait to vote on this issue until Lacey presented her report later in the fall. (Backstory on the issue—here.)

Supe. Ridley-Thomas has more about the board’s important decision on his website. Here’s a clip:

“Unnecessarily jailing people with mental illness is not only expensive, because they can be treated for a fraction of the cost using community-based programs, but it is also harsh and insensitive, and dare I say, inhumane,” [Ridley-Thomas] said. “Having an untreated mental illness should not be a crime.”

The County of Los Angeles has been under a Memorandum of Agreement with the U.S. Department of Justice since 2002 and could face a consent decree because the jails were not designed to accommodate or deliver treatment to inmates with severe mental illnesses.

Today, the Board of Supervisors joined with District Attorney Jackie Lacey, County mental and public health departments and the Sheriff’s Department as a financial partner committed to diversion. In 2015, the board will vote on whether to build a $2 billion jail. By setting aside $20 million in a separate fund pending receipt of the District Attorney’s report, the Board has expressed a commitment to righting this wrong.


RADLEY BALKO ON GOV. BROWN’S VETO OF IMPORTANT BILL AGAINST PROSECUTORIAL MISCONDUCT

Yesterday, we linked to a number of good and important bills Gov. Jerry Brown signed this week, but the governor did also veto a significant criminal justice reform bill aimed at curbing prosecutorial misconduct, and thus, wrongful convictions.

AB 885 would have given judges the ability to tell juries when prosecutors intentionally withhold exculpatory evidence from the defense. (While it is “arguably illegal,” as the Washington Post’s Radley Balko says, there is not much in the way of accountability to keep prosecutors from withholding evidence.) Some prosecutors had even supported the bill.

Balko has the rundown on why Brown’s veto was troubling. Here’s a clip:

This year, the state legislature again passed a bill aimed at reining in wrongful convictions, this time by allowing judges to inform juries when prosecutors have been caught intentionally withholding exculpatory evidence, which is already a breach of ethics and arguably illegal. It was modest reform that even some state prosecutors supported. Yet Gov. Brown vetoed it. The watchdog site The Open File, picks apart Brown’s justification.

Brown based his veto on two claims: first, that “Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light at trial”, and, second, that the bill “would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed.”

The first claim ignores the very problem that the bill was designed to remedy by suggesting that the present regime of prosecutorial accountability is perfectly sufficient, when the evidence, not only in California, but across the country continues to mount that too many prosecutors have for too long violated their constitutional and ethical duties as public officials.

The second claim is, if possible, even stranger. In fact, one could be forgiven for thinking Brown’s office hadn’t read the bill. To say that an amendment to the penal code which vests discretion in judges is a “sharp departure” from the practice of allowing “the judiciary to decide how juries should be instructed,” is, frankly, bizarre. But not arbitrary. It bespeaks a broader truth at work here: when unchecked authority detects even the hint that its prerogatives are being questioned, its reaction is frequently hysterical. It goes “ballistic” as Assemblyman Ammiano suggested. And when impunity is threatened, reason goes out the window. Minor reforms are seen as existential threats.

Which, of course, carries through into something broader still. A national, racialized hysteria over crime that has for decades now fogged the public mind to the enormous human cost of over prosecution and over sentencing.

Jerry Brown had an opportunity to take one baby step toward slowing the rate of this damage. Alas, the Democratic Governor of perhaps the most reliably Democratic state in the union couldn’t summon the courage. His party’s capitulation to the law-and-order agenda is apparently too deeply woven into his political identity. And so he has left it to others to start burning off some of that fog.

It isn’t as if prosecutor misconduct is nonexistent in California. A 2010 study by the Northern California Innocence Project found 707 instances of prosecutorial misconduct in California courts between 1997 and 2009. And those were merely cases where misconduct had been found by appellate courts. The study also found that over that same period, just 10 state prosecutors were disciplined by the California State Bar. A follow-up study the following year documented 102 cases of misconduct found by California judges in 2010 alone, including 31 in Los Angeles County. In a ruling last December, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit — which includes California — decried an “epidemic” of Brady violations in America. (“Brady” is shorthand for the Supreme Court decision requiring prosecutors to turn over exculpatory evidence.)

Balko goes on to give quite a few specific instances of prosecutorial misconduct in California, so do go read the rest.


LASD DOESN’T SEND ENOUGH PATROL CARS OUT TO UNINCORPORATED AREAS, SAYS SUPE. MOLINA

LA County Supervisor Gloria Molina’s office found that the Los Angeles Sheriff’s Dept. has been failing to send out the agreed upon number of patrol cars to unincorporated areas like East Los Angeles. The shortages were especially predominant on weekends, when there are generally more calls from people needing help. Molina’s office also found that the department sometimes increased the number of patrol cars during the week to offset the weekend deficit.

In light of the findings, the Supes have decided to hold $12 million in funding for new hires (to lower response times in unincorporated areas) until the department solves it’s scheduling problem.

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

“I just wanted to get what I was paying for,” Molina said in an interview. “You see the high crime rates in these areas, and the patrol cars weren’t there.”

At the supervisors’ meeting Tuesday, a contrite Assistant Sheriff Michael Rothans acknowledged that there was a problem with weekend staffing, which he said he had only learned about recently. But he said the department had taken measures to alter a scheduling practice that had put more deputies on patrol during quieter weekdays — a situation that he said stemmed in part from a freeze on overtime, which was lifted in July.

In an effort to improve response times, supervisors agreed to set aside $12.4 million to increase the number of deputies patrolling unincorporated areas. But they decided to hold the money until sheriff’s officials verify that they have fixed scheduling practices that have led to more deputies being deployed during weekdays than on busy weekend nights.

The additional funding would add 67 deputies to the unincorporated areas, as a move toward restoring staffing to pre-recession levels. An additional 56 positions could be added next year.

A study of sheriff’s response times around the county found that those for both routine and emergency calls had grown worse in some unincorporated areas from 2010 to 2013. In East Los Angeles, the average time to respond to emergency calls remained 4.3 minutes — one of the best in the county’s unincorporated areas — but response time for routine calls had increased from 58.4 to 68.4 minutes. In unincorporated areas around Malibu, emergency response times increased from 9.8 to 10.8 minutes and routine calls from 34.5 minutes to 42.2 minutes.


THE SIGNIFICANCE OF NYC DEPT. OF CORRECTION’S BAN ON SOLITARY CONFINEMENT FOR 16 AND 17-YEAR-OLDS

In August, a federal investigation found that teenagers at the notorious Rikers Island prison in New York were subjected to excessive and unchecked use of force by guards, violence from other inmates, and overuse of solitary confinement as punishment.

This week, the New York City Dept. of Correction has announced it will eliminate the solitary confinement of juveniles at Rikers by the end of 2014.

The Center for Investigative Reporting Trey Bundy and Daffodil Altan explain the importance of this reform and what it might mean for other jurisdictions that are still putting kids in isolation. Here are some clips:

We know little about how many young inmates get placed in solitary, why and for how long.

This is what Juan Méndez, the United Nations’ special rapporteur on torture, called “a chaos of information.” Juvenile solitary confinement is torture, he said, and no one knows how common it is.

Because most U.S. facilities are not required to track or report their use of isolation for juveniles, the practice has flourished in the shadows. And because no federal laws prohibit isolating teenagers indefinitely for 23 hours a day, young inmates can spend months alone in their cells without anyone outside their facilities noticing.

[SNIP]

Many facilities suppress information and close their doors to scrutiny.

New York City Councilman Daniel Dromm sponsored a recently passed bill requiring corrections officials to report detailed data about who is held in solitary, why and for how long, after officials refused to provide him with data he requested. His legislation could be a model for other jurisdictions seeking the access and information required to understand what is happening to teenagers in local facilities.

CIR made dozens of requests to visit the isolation units in facilities that hold juveniles across the country, but only one, in Santa Cruz, California, opened its doors and talked openly about efforts to reduce the use of solitary confinement. Officials at the Santa Cruz County Juvenile Hall have kept isolation data for years, tracking a decline in the practice so drastic that officials from jurisdictions all over the country travel to California to see how they did it.

[SNIP]

Now that Rikers Island, the nation’s second-largest jail, is saying it will ban juvenile solitary confinement, it’s possible that other jurisdictions will follow suit.
A growing chorus of mental health experts claims that isolating teenagers makes them more violent, and more relationship-based and trauma-informed approaches to managing teens will lead to safer facilities and safer streets.

Although Rikers Island officials have been privy to such perspectives for years, it took months of media scrutiny and a federal investigation for them to acknowledge the damage their practices have caused and commit to changing them. The question now is whether others will voluntarily work to find new ways to manage troubled teens, like officials did in Santa Cruz, or whether they will wait for government probes and media attention.

Posted in Edmund G. Brown, Jr. (Jerry), jail, juvenile justice, LASD, Mental Illness, Prosecutors, solitary | 2 Comments »

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