Sunday, March 29, 2015
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Meta

LASD


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

March 24th, 2015 by Taylor Walker

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

Meanwhile, Barton said the incidents keep piling up:

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


MERITS OF CAREFULLY LEADING OFFENDERS THROUGH GRADUAL REENTRY HOUSING AND EMPLOYMENT

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

Here’s a clip:

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

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

The apartment functions as a prison without bars.

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

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

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

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

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

LA Sheriff McDonnell, LAPD Chief Beck, CHP’s Farrow and More Meet with Religious Leaders for Post-Ferguson Conversation

March 19th, 2015 by Celeste Fremon



On Tuesday afternoon, Los Angeles County Sheriff Jim McDonnell
, LAPD Chief Charlie Beck and a cluster of other LA law enforcement figures got together with around two dozen local religious leaders for a two-hour, no-press-allowed post-Ferguson chat in the hope that everyone might speak candidly about the tensions between law enforcement and the communities they serve.

The meeting, which took place on the 8th floor of the newly renovated Hall of Justice, on Temple Street in downtown LA, was the inaugural event for the historic building.

Judging by what WitnessLA was able to gather as everyone was dispersing, most came away with the feeling that some real and relevant things had been said. Moreover, everybody wanted to do it again.

“We don’t want to have this be one-and-done,” said Sheriff McDonnell when we spoke after the event. The idea was to build ongoing relationships, he said.

The gathering was billed as being co-hosted by McDonnell, Beck and CHP Commissioner Joe Farrow. District Attorney Jackie Lacy, LA City Attorney Mike Feurer, and Acting U.S. Attorney Stephanie Yonekura were also on hand.

But, it was clearly an LASD-organized affair. Still everyone had reportedly had things to say—a lot of it straight talking from both the faith leaders and the cops. “It was not a booster club,” said McDonnell.

Interestingly, the faith leaders didn’t just raise issues with law enforcement, they also spoke frankly to each other. One issue in particular that reportedly caused discussion, according to those present, was the necessity of the clergy to engage when there is a police/community problem “not Just read about it.”

On this topic, one pastor reportedly said, ‘It breaks my heart that [when something happens] we close the doors of he churches.”

Another subject that caused much discussion was the religious leaders’ acknowledgement that affluent communities tend to view—and experience—the police very differently than do lower income communities

McDonnell and Beck both talked about interaction with the clergy as a being “critical piece of community policing.” They also spoke of the need to bring what occurred on Tuesday, “to the station level,” said McDonnell, for the LASD and the LAPD.

Community oriented policing is not something law enforcement agencies should do on the side or merely to appease critics,” he said. “Rather, a focus on community oriented policing ensures law enforcement is viewed by the community as legitimate.”

“We are very fortunate in this community to have law enforcement leadership that recognizes and understands the importance of strengthening community relations,” said Reverend Chip Murray, in a pre-meeting statement. “This timely event will help us build upon the strong foundations that already exist and enable us to do even more, working together.”

A pastor from Compton, who was leaving just as WLA arrived, pronounced the meeting, “Good. Very good.” Things were said that needed to be said, he told me. “And that’s a very good thing.”

Posted in Charlie Beck, City Attorney, District Attorney, Jim McDonnell, LAPD, LASD, law enforcement, U.S. Attorney | 19 Comments »

A Tale of Planted Guns & Rogue Sheriff’s Deputies

March 19th, 2015 by Celeste Fremon



In this week’s LA Weekly, reporter Gene Maddaus writes about how a marijuana dispensary’s surveillance video
and an allegedly-planted handgun may have finally led the Los Angeles Sheriff’s Department and the LA District Attorney’s office to pay attention to the actions of a cluster of rogue LASD deputies.

The story pertains specifically to a deputy clique known as the Jump Out Boys, the existence of which was first reported by the LA Times. The clique drew its members from within the ranks of Operation Safe Streets (OSS), the gang investigation unit within the department.

Two years ago, in February 2013, after news of the clique’s existence became a larger and larger story, the LASD under Sheriff Baca fired seven of the Jump Out Boys, ostensibly for “belonging to a secret law enforcement clique that allegedly celebrated shootings and branded its members with matching tattoos,” and related conduct unbecoming. The information that Maddaus has uncovered, however, suggests that the firings may have had more to do with straight-up criminal behavior—and that there may be more such behavior that has yet to come to light.

Here’s a clip from the story. As we are coming into the tale in its middle, you need to know that both “Martinez” and “Paez” are Jump Out Boys. “Yang,” is a young man who works at the Superior Herbal Health marijuana clinic.

Martinez was one of the clique’s “shot callers,” according to a sheriff’s source. He would later write a three-page narrative of the events of that day. His report would help generate two sets of criminal charges — first against Yang and then, when discrepancies emerged, against himself.

According to Martinez’s report, he and Paez were driving along 84th Place when they saw a black man exit a building. The report states that the man appeared to engage in a hand-to-hand drug transaction with another man. When the first man saw the officers, the report states, he reached into his pocket and pulled out what looked like the butt of a handgun.

The man — later identified as Antonio Rhodes, who’s a barber working in Long Beach — ran back into the building. Martinez got out of his car and tried to chase him, but the door was locked. Martinez wrote in his report that he could smell marijuana. He demanded that the door be opened, then ran to the side of the building.

The report says that, through an open window, Martinez could see Rhodes inside and witnessed him stash something next to a white trash can. Martinez returned to the front of the building and pounded on the door some more. Finally it opened.

He and Paez went inside, where they found a small waiting room full of people. There was no signage outside, and it was only then, the report states, that they realized they were in a dispensary. They ordered everyone out.

Another locked door led to a display room. Again, Martinez demanded that the door be unlocked. Once inside, he ordered the employees to exit with their hands up.

Martinez wrote that he could see “large amounts of marijuana in every room” and that they did a “protective sweep” of the building — finding three black handguns. Martinez’s report states that one was on Yang’s desk, where they also found his ecstasy pills. Then they discovered what the report described as Rhodes’ gun behind the white trash can. It was loaded. When they ran it through their system, it came back unregistered.

Read on for a story of false charges, and what appears to be the planting of two guns.…and more.

Posted in LASD, Medical Marijuana, Paul Tanaka, Sheriff Lee Baca | 10 Comments »

Inmates Write their Own Obits, Community Policing, Ferguson Reports, and #Cut50

March 5th, 2015 by Taylor Walker

SAN QUENTIN INMATES COMPOSE THEIR OWN OBITUARIES IN WRITING CLASS

In this exceptional multimedia Column One story by the LA Time’s Chris Megerian, San Quentin State Prison inmates share obituaries they’ve written for themselves as part of a writing assignment. The inmates designed their own demise (several chose to die protecting others) and for what they wanted to be remembered.

Here’s a clip, but definitely go over to Megerian’s story and read and watch for yourself:

Since Julian Glenn Padgett arrived in 2006, he’s enrolled in academic classes and played Shylock in a prison production of Shakespeare’s “The Merchant of Venice.” Even while sitting in a cramped storage closet during a break from his work at the inmate-run newspaper, he spoke with the intensity of an actor on stage. Asked about committing murder, he cited a Walt Whitman poem.

Padgett stabbed and killed a man he believed was a romantic rival. Therefore, his victim cannot “contribute a verse” in “the powerful play” of life.

“I don’t want to be remembered as the man to do that,” he said. Like You, he doesn’t mention his crime in his fictional obituary.

Padgett, a 51-year-old Ethiopian Jew who wears a knit kippa over his dreadlocks, was convicted in 1997 in Sacramento and isn’t eligible for parole until 2023.

His obituary is brimming with passion for outdoor activities that are out of reach.

“Julian loved everything to do with nature,” he writes, “and often took trips with many of his friends on the weekends where they would go camping, horse back riding, snow and water skiing and his favorite mountain climbing.”

Padgett describes an epic death from an earthquake striking the Bay Area. It was the first thing that came to mind, he said.

“Earthquakes are memorable. They’re forces of nature,” he said. “To take me out, it would take something like that.”


THE 21ST CENTURY POLICING REPORT AND COMMUNITY POLICING IN LOS ANGELES

The day after Sunday’s LAPD Skid Row shooting of an unarmed homeless man, the White House released an interim report from the President’s Task Force on 21st Century Policing (established after the controversial deaths in Ferguson, New York, Los Angeles, and Cleveland at the hands of officers). The report lauded the LAPD’s Watts and East LA community policing teams as well as its civilian oversight commission.

However, the shooting highlights how important it is that Los Angeles law enforcement agencies continue working toward better community relations through training, new programs, and policy changes.

KPCC’s Erika Aguilar has more on the issue. Here are some clips:

“Law enforcement cannot build community trust if it is seen as an occupying force coming in from outside to rule and control the community,” the report states.

The task force was formed in December in response to the national debate on policing after officers in Ferguson, Los Angeles, New York and Cleveland killed young African-American men.

In the federal report, the Los Angeles Police department’s community policing teams in Watts and East Los Angeles were highlighted for building on-the-ground relationships with public housing residents. Officers there are assigned to community policing teams for five years and are offered more pay, according to the federal report.

Los Angeles also earned a mention for its civilian oversight board.

But shootings like the one on Skid Row expose the remaining rifts between police and communities.

Criminology professor Elliot Currie of the University of California, Irvine said having multiple policing programs is a good start, but the goal is for police departments to implement relationship-based policing across the board.

“What we want is for these not to be considered as scattered programs that we implement within a police department that’s otherwise unchanged,” Currie said. “But that we slowly shift the whole conception of what a police department is.”

Here is a clip from Los Angele Sheriff Jim McDonnell’s statement to the task force late last month about the challenges the sheriff’s department faces with regard to ensuring better interactions with the mentally ill:

We are…ill equipped to address the challenges of this population in patrol. Patrol personnel lack the requisite mental health training and we have a dearth of Mental Evaluation (or ”MET”) Teams and community supports to help deputies properly handle and deescalate contacts with mentally ill persons. In 2013, nearly 40% of all use of force incidents involved individuals suffering from mental illness and in too many cases we “arrest” our way out of these encounters rather than diverting individuals to the community treatment and care they need.

The strategies that can enable us to change this paradigm exist and are in place in pieces around the nation, but have yet to be brought to scale throughout the country. We need:

1. Resources to support crisis intervention (“CIT”) training so deputies working the streets (as well as within Custody) know how to identify and respond to individuals with mental disorders and, wherever possible, divert entry into the justice system.

2. Support for MET teams where we pair deputies with mental health clinicians and create a comprehensive response to those in crisis. In LA these teams are few and far between – often they operate only during business hours and can be as much as an hour away from a critical incident.

3. Support for community-based resource centers with multidisciplinary treatment in a therapeutic environment that avoids incarceration. These models exist elsewhere and, in the long run, result in improved outcomes as well as fiscal savings.

4. A new paradigm with strategies that focus on alternatives to incarceration – including mental health courts and other diversion strategies.


THE DOJ’S FERGUSON FINDINGS

In an 86-page report released Wednesday, the US Department of Justice cleared Ferguson officer Darren Wilson of “prosecutable [civil rights] violations” in the death of Michael Brown.

A separate DOJ investigation found systemic racial bias and policing-for-profit within Ferguson’s police force and court system. Among other findings in the scathing 100-page report, black residents accounted for 85% of FPD’s traffic stops, 90% of citations, and 93% percent of arrests. The report calls for….

The Washington Post’s Mark Berman and Wesley Lowery have a helpful cliff-notes list of the report’s highlights.

(And here’s a WaPo list of alarming statistics from the report.)


WHAT CUTTING THE US PRISON POPULATION BY 50% WOULD LOOK LIKE

The Marshall Project’s Dana Goldstein explores what it would take to fulfill the goal of the #Cut50 movement to reduce the nation’s jail population by 50% within 10 years. That would mean more than a million fewer people would be locked up, through things like changing sentencing laws, bolstering diversion and reentry programs, and split-sentencing.

This figure is not attainable even by giving up the war on drugs and completely eradicating incarceration for non-serious/non-violent/non-sex offenses. Those convicted of violent crimes would have to be part of the population reduction equation.

This has criminal justice reform advocates on both sides of party lines disagreeing about the 50% goal, whether it’s feasible and inline with public safety, and what it would take to get there.

Goldstein’s story includes an interactive section that allows you to move sliders for offender groups and make your own 50%. (Go try it.) Here’s a clip:

Vikrant Reddy, coordinator of the Right on Crime campaign, agreed. “The focus among conservatives is the low-level nonviolent offenders.” As for Cut50, “I just don’t like the name of this organization. The reason is because I see this issue, and most conservatives see this issue, in terms of public safety. If I felt confident the levels of incarceration we have in the United States made us a safer society, I would begrudgingly say, ‘So be it.’”

“I really admire what Cut50 is trying to do, but I am concerned that people are going to misunderstand it,” Reddy added. “The bottom line is not just getting the levels of incarceration down. The end point is that crime rates are still too high.” (Crime is currently at a four-decade low, although rates remain high in segregated, high-poverty neighborhoods.)

Civil rights activist Van Jones is co-founder of Rebuild the Dream, the organization promoting the “Cut50” tagline. Jones and Gingrich are co-hosting a March 26 conference in Washington, D.C. to bring criminal justice reformers together across party lines. Jones acknowledges that conservatives have not signed onto the Cut50 goal. But he points out that many people convicted of violent crimes have, in fact, not hurt anyone physically, such as offenders picked up for theft or burglary and discovered to have a gun on them.

“We might want to look at whether someone who had a gun but didn’t use it should be considered violent,” Jones said. “People will say that’s gun crime and you can’t talk about them. Well, I think that’s ridiculous.”

That might discomfit some liberals who favor stricter gun controls. Meanwhile, the idea of the home as a castle has been popular on the right, resulting in laws that rank burglary alongside violent bodily assault. So on both sides of the political spectrum there is lingering support for the tough sentences that would have to be reduced in order to cut the prison population by 50 percent.

Jones and other reformers, both progressive and conservative, say it is not yet time to focus on the hot-button question of whether to redefine violent crime. “We’re not heavily leaning into that part of the conversation yet, because there is so much common ground on the nonviolent offenders, the indigent population, and the mental health population. We think we can get some momentum going,” Jones said.

Meanwhile, some scholars point out just how modest — by international and historic standards — a 50 percent reduction in the prison population would be.

“When does mass incarceration become regular incarceration?” asked Michael Jacobson, a former New York City corrections and probation commissioner and director of the CUNY Institute for State and Local Governance. To bring the United States to a prison incarceration rate equal to that of European nations — or to our own rate in the early 1970s — we would have to slash our incarceration rate from 623 per every 100,000 adults to about 150 per 100,000. That would be a reduction of approximately 80 percent.

Posted in Jim McDonnell, journalism, LAPD, LASD, mental health, prison, racial justice, Sentencing, War on Drugs, writers and writing | 4 Comments »

Fighting Child Sex Trafficking, Planting Informants, LA County Settles Another High Ticket Lawsuit…and LAPD’s Mental Health Training

March 4th, 2015 by Taylor Walker

LA SUPES MOVE TO BLOCK CHILD TRAFFICKING IN HOMELESS MOTELS

On Tuesday, the LA County Board of Supervisors passed a motion to step up the county’s regulations on emergency shelter motels in an effort to combat child sex trafficking.

These facilities receive money from the county to provide short term housing to the homeless, but have also become easy hubs for sex trafficking.

The motion directs the Department of Public and Social Services to work out how the county can increase funding to the General Relief Emergency Housing Program to boost the amount of money paid to the motels, and identify alternative housing options for the homeless population.

The motion also directs DPSS and County Counsel to report back in 30 days with a feasibility analysis regarding changing the current motel participation free-for-all to a competitive bid process. The approved motels would sign a contract saying they would allow no sex trafficking on their property. They would also have to take an anti-trafficking training session, as well as hang up posters with hotline numbers in visible places. In addition, law enforcement inspections could occur at any time without warning (they are usually conducted during regular business hours, currently).

Here’s a clip from the motion by Mark Ridley-Thomas and Don Knabe:

Throughout Los Angeles County (County), children as young as nine are being exploited sexually for commercial purposes. According to the California Child Welfare Council, a trafficker may earn as much as $650,000 in a year by selling as few as four children. Often, motels and hotels are used by traffickers and buyers of sex with children as the venue for exploitation. According to The Polaris Project, an international anti-human trafficking organization named after the North Star which guided slaves to freedom in the United States, victims may be forced to stay at a hotel or motel where customers come to them or they are required to go to rooms rented out by the customers or traffickers. Additionally, sex trafficking victims often stay in hotels and motels with their traffickers while moving to different cities or states.

Approximately 45 motels/hotels are used Countywide to house homeless individuals through the Department of Public Social Services (DPSS) General Relief (GR) Emergency Housing program, which was developed to provide temporary shelter for homeless GR applicants while their application financial assistance is pending. An estimated 22 of these motels are located in the 2nd District, by far the highest percentage in the County. Of those 22 in the 2nd District, at least half are located on well-known prostitution tracks.

LA County Sheriff Jim McDonnell fully supports the Supes’ decision. Here’s a clip from his statement on the Supes decision:

As your Sheriff, I, along with the more than 18,000 men and women of the Los Angeles County Sheriff’s Department, remain committed to protecting the victims of this horrific emerging crime. We will continue our active engagement of – and partnership with — local, state and national leaders to obtain the necessary tools and resources to fight these criminal enterprises. I am also committed to work with local, state and federal partners to bring awareness to the need for enhanced penalties against the traffickers who sell these girls and the men who create the demand that sustains this criminal enterprise.

We must also work to address those in commercial ventures, including motel owners, who are creating a vehicle for these crimes to occur in our community. Our detectives routinely respond to the illicit narcotics and sex trade business, often gang-related, operating in and around motels throughout the County. This illegal business is often conducted during all hours of the day and night, in open view of residences and in the presence of children walking to school.

McDonnell has also been hammering away at this issue. Here’s a clip from his statement to the Senate Judiciary Committee hearing on human sex trafficking late last month:

For the larger counties such as Los Angeles, child sex trafficking is a problem that is not going away. In Los Angeles, our County departments and law enforcement agencies are endeavoring to work together to respond to the growing problem of trafficking and the sexual exploitation of children. We are crafting new approaches that better address the unique challenges these offenses pose.

One of our primary areas of focus has been on rehabilitating rather than punishing and detaining CSEC victims. We are helping sexually exploited children through a multi-agency team approach in a specialized juvenile court – called the “STAR” Court (Succeed Through Achievement and Resilience) – that avoids the typically adversarial nature of delinquency proceedings. County staff work to quickly move victims out of the juvenile justice system and coordinate with providers to offer needed services as well as increasing awareness and the identification of CSEC victims. Initiatives such as the STAR court have been funded through two grants awarded to the County’s Juvenile Court and Probation Department by the State of California from its Federal Title II Juvenile Justice Formula Grant allocation. Yet this is only a single court that impacts a limited number of young trafficking victims.

What is really needed at the local level is enhanced funding. Several pieces of legislation, including the Violence Against Women Act enacted in 2013, authorized grants for local initiatives to combat trafficking. But funds are seldom appropriated for this purpose.

For example, in Fiscal Year 2015, Congress tripled the appropriation of Department of Justice (DOJ) funding for trafficking victim services programs from $14.25 million to $42.25 million, but there is currently no assurance that DOJ will provide any of this funding to local governments. At a minimum, we would request that DOJ set aside at least $8 million of this funding for grants for local government initiatives that could be used to support more specialized courts such as the one in Los Angeles or for victim services provided by law enforcement, child welfare, or probation agencies. Funding could also be used to establish a Sex Trafficking Block Grant as authorized by the Trafficking Victims Protection Act of 2000, as amended….

The Chronicle of Social Change’s Christie Rennick has more on the important move. Here’s a clip:

Also of concern is that vendors appear to under-report criminal activity on their premises to law enforcement, and that DPSS only makes a single monthly visit to each vendor, which takes place during regular business hours.

A spokesperson for DPSS said during today’s board meeting that the agency is committed to working with the board to ensure it does not contract with entities who allow sex trafficking at their facilities. DPSS also plans to collaborate with the Los Angeles Sheriff’s Department and other law enforcement agencies to establish a reporting protocol in order to capture criminal activity taking place at hotels and motels under contract with the county.

One of many community-based nonprofit organizations supporting the motion is Saving Innocence, which works to rescue children from sexual trafficking.

“One-hundred percent of the children we serve were held captive or sold in these hotels and motels,” said Kim Biddle, executive director, during the meeting. “I would say we also need to look into criminalizing owners and managers of these hotels, but at the very least we need to increase their accountability.”


A PEAK INTO THE PRACTICE OF PLACING INFORMANTS WITH SUSPECTS TO GET INCRIMINATING

JAIL SUPERVISOR SEZ INFORMANTS WERE REGULARLY PLANTED TO GET SUSPECTS TO SELF-INCRIMINATE

A retired Santa Clara County Jail official, Lt. Frank Dixon, says he housed jailhouse informants with suspects to question them at the request of other cops and prosecutors from the District Attorney’s office, in violation of their civil rights.

A US Supreme Court ruling in 1986 says that informants may only be used for listening purposes; they are not to question suspects without the presence of their attorneys or coerce them into incriminating themselves.

San Jose Mercury News’ Tracy Kaplan has the story. Here are some clips:

“This has been happening everywhere nearly forever,” Orange County Public Defender Scott Sanders said. “How many wrongful convictions are there in this state behind these types of actions? Thousands, certainly. It is scary.”

[SNIP]

Former Santa Clara County District Attorney George Kennedy, who was first elected in 1990 and served four terms, said prosecutors “infrequently” did ask that inmates be housed in particular jail units, but only “in the most important matters” to learn such things as an accused killer’s motive or the location of a corpse. But he said they didn’t violate the inmates’ rights.

“Inmate-colleagues transferred for such purpose were not acting as questioning law-enforcement agents, but rather as persons given opportunities to listen,” Kennedy said.

In the Bains case, the informant, who claimed he just happened to be placed in the same unit as the accused killer, peppered him and other inmates with questions, according to testimony during the trial.

Dixon does not recall specifically planting the informant in Bains’ case. But he says that housing the suspected killer with informant Raymond Delgado, who had testified two weeks earlier in a different case and should have been in protective custody, was so “highly unusual” that it probably was intentional. He also clearly recalls “routinely” planting other informants in his capacity from the late 1980s through the late 1990s as one of two lieutenants who ran the classification unit, which assigns inmates to cells. He also said others in the classifications unit did the same thing.

[SNIP]

In his declaration, Dixon also said law enforcement agencies “upon occasion” would book an informant on “made-up charges” to gather information. He called the practice “849-ing,” referring to the penal code section that requires the release of inmates who are not charged with a crime within 48 hours. Dixon also said in the interview that he would make arrangements for a jail informant and a defendant who did not have to appear in court on a particular day to be bused to the courthouse so they would be forced to spend all day together in a cramped holding cell, where the informant would have plenty of time to tease out information from the other inmate.


LA COUNTY TO SETTLE JUVENILE CAMP BEATING CASE FOR $1.2 MIL

The LA County Board of Supervisors approved a settlement to the tune of $1.2 million in a lawsuit alleging that in 2008, juvenile detention camp staff neglected to address and subdue known racial tension that lead to a riot and the severe beating of Nathaniel Marshall. Marshall, who is black, sustained life-long injuries when he was pulled from his bunk and beaten by other teenagers during the riot at Camp Miller in Malibu.

Marshall suffered strokes during the incident, and now has epilepsy.

County attorneys only recommended a settlement after spending over $730,000 in legal fees and other expenses.

After the riot, the probation department lowered the number of kids placed at Miller to boost the staff-to-kid ratio, and implemented new safety policies.

The Santa Monica Mirror has more on the settlement. Here’s a clip:

“This was a systematic breakdown that amounted to deliberate indifference,” Goldstein said last summer. “These kids at that camp were entitled to be protected.”

A summary prepared by the Probation Department claimed that staffers were able to quickly control the situation.

“Staff worked to contain the situation quickly and effectively and the fight was stopped within seconds by giving verbal commands and making use of safe crisis management techniques,” according to the report….

Attorney Tomas Guterres, representing the county, told jurors that fights in detention camps cannot be eliminated. “It’s the nature of the population,” he said.

Goldstein said staffers and his client warned camp personnel that a race riot was about to break out, but no action was taken to prevent it. The complaint alleged the county failed to properly train and supervise the staff to make sure they reacted properly to the warnings.

In the wake of the brawl, the Probation Department cut the number of juvenile offenders housed at Camp Miller to create a better staffing ratio and also updated and expanded safety and security procedures, according to a “corrective action plan” submitted to the board for approval.


A QUICK-GUIDE ON THE LAPD’S MENTAL HEALTH TRAINING PRACTICES

LAPD Chief Charlie Beck noted in Monday’s press conference that two of the officers involved with Sunday’s Skid Row shooting had received specialized mental health training.

KPCC’s Stephanie O’Neill has a helpful rundown on what the LAPD’s mental health training looks like, how many officers receive it, and how the Mental Evaluation Unit works. Here’s a clip:

What kind of training did the officers have?

Chief Beck says the officers involved in the shooting were assigned to the department’s Safer Cities Initiative, which launched in 2005 to deal with issues of crime on Skid Row. As part of that program, he says, all were “specially trained on dealing with homeless people and mental illness issues.”

In that unit, officers are trained in a 2 1/2-hour course that updates the six hours of training all cadets get in the police academy. What’s more, officers in that program are given priority to attend the LAPD”s week-long Mental Health Evaluation Training (MHIT).

What kind of training does MHIT provide to officers?

The course is a 36-hour intensive that covers all aspects of mental illness and crisis intervention. The training includes role playing exercises in which clinicians from the Los Angeles County Department of Mental Health act out common scenarios that officers are likely to come across in the field.

Those role plays include talking a jumper off a ledge; dealing with a person suffering from active delusions and helping families deal with a loved one in crisis.

Another exercise teaches officers what it’s like for someone with paranoid delusions. One officer sits down while two people talk into each of his ears. While that’s happening, another person stands in front of the seated officer and gives him orders. The officer must then write down what he’s able to hear. The exercise is intended to show the police how hard it is for someone who might be hearing voices to follow their commands, and why many in the throes of delusions aren’t able to follow their orders.

Posted in Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, mental health, Skid Row | 1 Comment »

9th Circuit Grants Bail Pending Appeal for LA Sheriff’s Dept. 7 Convicted by Feds — And Why We Care

March 2nd, 2015 by Celeste Fremon


On Friday, the 9th Circuit Court of Appeals granted bond to the seven former members
of the Los Angeles Sheriff’s Department convicted last year of obstruction of justice for their part in hiding FBI informant Anthony Brown from his federal handlers, and related actions.

The 9th first granted bond to former LASD deputy James Sexton, who was tried separately from the other six. (Actually, he was tried twice. Although he was convicted in September, 2014, his first trial, in the spring of last year, resulted in a six-six hung jury.) Then attorneys for the others were notified.

Sexton and the six were scheduled to surrender early this year to begin their various prison sentences—ranging from 18 to 41 months—but, although they were denied bail by Judge Percy Anderson, the original presiding judge in their respective trials, before their surrender dates arrived, the 9th granted all seven a stay—meaning their lock-up dates were put off while the appeals court figured out whether or not it was going to hear the cases.


OKAY, SO WHY DO WE CARE ABOUT BAIL?

The grant of bond—or bail as it is more commonly known—is significant, because, according to a source knowledgeable about the matter, this means that the three judge panel that issued the bond order thought, as the source put it, “there is a significant issue likely to result in reversal on appeal.”

The source cautioned, however, that the panel that granted the motion most likely won’t be the same three judges who will hear the case, so views of these three may not hold sway.

Yet, there is a possibility that the panel will stay the same, said our source. “I’m pretty sure the panel will shift, but sometimes on an expedited appeal (which this is) they may keep it.”



YES, BUT WILL THIS AFFECT FUTURE FEDERAL INDICTMENTS?

As we noted earlier, various members of the LA County Sheriff’s Department—present and former—were subpoenaed to testify in front of a federal grand jury in December of last year, and at the beginning of 2015. According to sources, those questioned were asked almost solely about the obstruction of justice issues for which the seven former LASD members just granted bond were convicted, in particular the actions of former sheriff Lee Baca, former undersheriff Paul Tanaka, and Captain Tom Carey who was relieved of duty in December of last year, pending an unnamed investigation.

One presumes that all this grand jury testifying has been in pursuit of some kind of additional indictments, although there is, of course, no guarantee.

Several we spoke to speculated, therefore, that the feds might be waiting to see the outcomes of the above appeals before moving forward with any new, high profile charges—if there are to be any such charges.

There has been, and continues to be, much criticism that, in indicting the seven convicted of obstruction—three of whom were deputies at the time, two were sergeants, and two were lieutenants—the feds were picking low-hanging fruit, so to speak, while leaving those who actually gave the orders that reportedly set the obstruction in motion, completely untouched.

In any case, this story is far from over, so…stay tuned.

Posted in Courts, FBI, How Appealing, LA County Jail, LASD, Paul Tanaka | 23 Comments »

Prop 47 Report, Laptops in Lock-up, Prison Rape, and Training Teachers to Identify Abuse

February 26th, 2015 by Taylor Walker

EARLY ASSESSMENT OF PROP 47 IN LA, AND WHERE COUNTY AGENCIES THINK THE $$ SHOULD GO

At a county public safety meeting on Wednesday, LA County interim CEO Sachi Hamai presented a draft report assessing the county’s implementation of Proposition 47. (Prop 47 reduced certain low-level felonies to misdemeanors.)

At the behest of the Board of Supervisors, the CEO’s office worked with other county agencies—District Attorney, Sheriff’s Dept., Courts, Public Defender, and Alternate Public Defender—to pinpoint the programs and efforts that could qualify for and benefit from Prop 47 funding, and to gauge the effects of the legislation, thus far.

Of the state money saved by Prop 47, 65% is to go to mental health and drug programs for criminal justice system-involved people, 25% will be spent on reducing truancy and helping at-risk students, and 10% will go to trauma recovery centers for crime victims. But it is still not clear how that money will get portioned out to counties, or if there will be restrictions on what the counties want to do with their money.

Some of the efforts county agencies flagged as deserving of grant dollars included victim services and restitution, community-based mental health programs for Prop-47ers, urgent care centers, the New Direction diversion pilot program to keep kids in school, and a reentry program for kids in probation camps.

The report says that it is still too early to tell what long-term effects Prop 47 will have in Los Angeles. However, county agencies shared some short-term effects, including courts clogged with people seeking downgrade their felonies, and a fewer number of offenders signing up for mental health and drug rehab programs.

The LA Times’ Abby Sewell and Cindy Chang have more on the report. Here’s a clip:

By the end of January, according to the Sheriff’s Department, the decrease in narcotics arrests was even greater, 48% from a year ago.

Local criminal courts will process between 4,000 and 14,000 applications from pre-trial defendants who were arrested for felonies but can now petition to have their charges changed to misdemeanors, the report said. Another 20,000 applications could come from people currently incarcerated, the report said.

Another category of cases is expected to keep judges, prosecutors and public defenders busy: the people who have already served their time and can now change the felony on their criminal records to a misdemeanor. Those cases could top 300,000 and date back decades.

The report quantifies an expected impact on court-ordered drug and mental health treatment programs: a decrease in enrollment because defendants are no longer threatened with jail time. Sign-ups for the programs decreased from 110 defendants a year ago to 53 in the first three months after Proposition 47 passed.


TECH IN JUVENILE LOCK-UP PART 2: SAN DIEGO INVESTS IN COMPUTERS, TECH EDUCATION FOR KIDS BEHIND BARS

On Tuesday, we shared the first of Adriene Hill’s two stories for NPR’s Marketplace about correctional facilities that have taken meaningful steps toward bringing education up to par for kids behind bars by incorporating educational technology into the curriculum.

Hill’s second story takes place in the San Diego Kearny Mesa Juvenile Detention Facility, where every kid has a laptop to use in class.

In San Diego County, the Office of Education has spent $900,000 on computers and accessories for kids in juvenile corrections facilities. Teachers are being trained on how to use the computers to help teach lessons, and tech instruction is now on the docket. And with the added technology, lessons can be tailored to kids’ individual needs.

Here are some clips from Hill’s second story:

Since July 2013, San Diego County Office of Education has spent nearly $900,000 on computers, printers and software for its secure juvenile facilities. Soon every one of the 200 kids here will have access to a Chromebook in class. All the teachers are being trained to run a digital classroom and add tech to the curriculum.

But getting to this point took more than a big investment. It took a significant culture shift.

“At first, we were a little nervous. I’m not going to lie,” says Mindy McCartney, supervising probation officer, who is charged with keeping the youth here under control.

“Everybody thinks they are going to use [the laptop] as a Frisbee, or attack somebody, or they are going to tag it and break it,” she says. “And it simply hasn’t happened.”

There was also anxiety about turning on the internet, even though there were firewalls and monitoring systems in place.

“We hear ‘internet’ and ‘access’ and we automatically get very paranoid and think the worst-case scenarios,” McCartney says.

But, so far, McCartney says there have not been significant problems. Kids aren’t using laptops as weapons. They’re not sneaking messages to gang members on the outside. In fact, teachers say the technology has made their students here more engaged in what they’re learning. That’s exactly the type of progress experts say the juvenile justice system desperately needs to make.

[SNIP]

In many ways, educational technology is perfectly suited to kids in custody. Students who have committed crimes are constantly being yanked in and out of class. They have court hearings and meetings with probation officers.

“We do have a population that moves around a lot,” says teacher Yolanda Collier. She says when students have their own computers and some lessons are online, they don’t have to fall behind.

Say there are some supplementary stories, an interview…videos…and such, if I want.


TEENAGERS HOUSED WITH ADULTS, PRISON RAPE, AND WHAT MUST HAPPEN BEFORE INMATES ARE SAFE

The Marshall Project’s Maurice Chammah has an excellent longread chronicling the failures of the justice system to protect inmates from rape, and the gaps in the Prison Rape Elimination Act.

Chammah focuses, in particular, on the sexual violence inflicted on vulnerable teenage boys who are placed in adult detention facilities.

Chammah tells the harrowing story of “John Doe 1,” a 17-year-old repeatedly brutalized by adult men in multiple prisons. John’s experiences are all-too-common, especially in states where 16 and 17-year-olds are automatically charged as adults. Here are some clips:

The second time David raped him, John says David held a homemade weapon to his throat. It was a toothbrush, wired up with four or five shaving razors.

The third and fourth times, David just left the weapon on his desk, in clear view, and relied on John’s fear to keep him passive.

Then, one morning around 6 a.m., while out on the yard for recreation, John says he saw David receive a mesh laundry bag from a prisoner he didn’t know. He could see that it contained meat sticks and bags of chips. These kinds of exchanges were common; he figured the other prisoner might be trading the food for the use of his cell as a quiet place for tattooing or some other illicit activity. (Official policy forbade prisoners from visiting other cells, but officers frequently looked the other way.)

That afternoon, John returned to his “house,” as prisoners call their cells, and saw his cellmate’s key—in this prison, every inmate had a key to his own cell—sitting on the desk. His cellmate was in bed. Feeling greasy after his kitchen shift, John started to undress so he could take a shower. As he took off his pants, he saw the mesh bag of food. He looked over and realized the man in the bed was not David. It was the prisoner who had handed over the bag of food. The man rose from the bed, grabbed David’s toothbrush weapon, held it to John’s cheek, and forced him down. This prisoner had a jar of Vaseline, but it did not do much; after he left, John found blood on his clothes.

John says he was raped several more times by both his cellmate and strangers. He was forced to perform oral sex, and he still remembers brushing his teeth twice to get the taste out of his mouth. He never told medical staff about his anal bleeding because he felt embarrassed, though because of a foot injury he was able to get painkillers.

John would later be asked why he did not tell correctional staff, since in theory they could have taken steps to protect him. “I didn’t know what to do,” he said. He assumed the staff knew what was happening. From their station at the end of the hall, the officers would see men going in and out of his cell and they would not intervene. The rapists would put a towel over the cell door’s window, which was not allowed but must have been noticed by officers making their rounds. John says some of the officers would even make jokes, calling him a “fag,” a “girl,” and a “bust-down.”

Two months after his arrival, John finally reached a breaking point. Around 2 p.m. one day, David tried to touch the middle of his back. John pushed his hands away. David forced him up against a locker and wrapped his hands around John’s neck. John wrestled his way out, and emerged from the cell barefoot. Hanging a left, he ran to the guard station, and begged them to assign him to a different cell. He didn’t mention the rapes, only his cellmate’s attempt to choke him. The officers allowed John to grab his few possessions and move down the hall, closer to their station.

His new cellmate was not a predator, but by then John had been tagged as easy prey. Two days after he was moved, another prisoner cornered him in his cell and raped him. It seemed like other prisoners had figured out his schedule—when he would be alone in his cell, or in the shower. He was called a “fuckboy,” a term for the men who are “gay for pay,” trading sex for food or other favors, even though John said he never did.

[SNIP]

It is impossible to know how many of the teenagers sent to adult prisons in recent years have been sexually assaulted, in part because so many of them have been afraid to report. (Rape outside of prison is known to be under-reported, and the same is true within prison walls, especially because prisoners face the possibility of retaliation by both correctional staff and other prisoners.)

Some corrections officials have pointed out that sexual assaults regularly occur in juvenile facilities as well as in adult ones. But many non-violent crimes lead to probation, rather than incarceration, when they’re handled by the juvenile system, and a 1989 study found that prisoners under 18 in adult prisons reported being “sexually attacked” five times more often than their peers in juvenile institutions.


CALIFORNIA TEACHERS WILL NOW BE TRAINED TO IDENTIFY CHILD ABUSE

Thanks to a new state law, California teachers and other school employees are now required to take an online training course on how to identify child abuse and neglect, and how to report it.

KPCC’s Adolfo Guzman-Lopez has more on the issue. Here are some clips:

“Nothing is more important than the safety of our students,” Torlakson said in a written statement. “The new online training lessons will help school employees carry out their responsibilities to protect children and take action if they suspect abuse or neglect.”

[SNIP]

[Stephanie] Papas, who helped create the new two-hour online training, said the course will help employees tell if a child has been hurt from abuse or from an accident, for example.

“We have photos that are examples of, say, a welt that is in the shape of a belt buckle or a slap on a child’s cheek that’s left a hand imprint,” she said.

Posted in Child sexual abuse, District Attorney, juvenile justice, LA County Board of Supervisors, LASD, mental health, prison, Public Defender, Rape | No Comments »

Job Changes, Investigations, & a Demotion for 3 LA Sheriff’s Dept. Captains – UPDATED

February 25th, 2015 by Celeste Fremon

EDITOR’S FRIDAY UPDATE:

We often hear through the grapevine about personnel changes at the sheriff’s department. Some of what we hear turns out to be merely gossip. But in the cases outlined below, we were able to confirm the changes involving two captains and one acting captain. Moreover, refreshingly, when we contacted LASD spokespeople to ask about the personnel movements in question, although Undersheriff Neal Tyler could not talk directly about any of the cases, he confirmed what he could clearly and forthrightly—without any of the dodging we have sometimes experienced in past years.

Since this story was first posted, we have heard about possible additional changes. We will keep you up to date, as are able to verify the information we have received.



CHANGES & INVESTIGATIONS

In the past week, two captains and one acting captain of the Los Angeles Sheriff’s Department were variously transferred pending an investigation, relieved of duty pending an investigation, or simply demoted and moved to another assignment—an unusual number of LASD management figures to be subject to such changes all at once.

Here are some of the details:

Captain Robert Tubbs was relieved of duty last Thursday pending an internal administrative investigation, the department’s second in command, acting undersheriff Neal Tyler, confirmed to us on Monday. The investigation reportedly involves a potential policy violation.

Up until last week, Tubbs was the captain of the department’s Court Services Transportation Division, which is responsible for busing prisoners as needed from jails to over 50 LA County courts.

The second captain to be moved is Anselmo Gonzalez, who was the head of the North County Correctional Facility (NCCF), one of LA county’s northern jail facilities, located in Castaic, near Magic Mountain. Tyler confirmed that Gonzalez and four others under his command, have been transferred to assignments where they have no contact with inmates, pending an internal criminal investigation. “Those people have been reassigned to non-inmate contact jobs while investigators review evidence and conduct interviews,” Tyler said.

As to what kind of criminal investigation had triggered the moves, Tyler said it had to do with “inmate treatment and safety.” The actions being investigated were different from classic inmate abuse, he said. “It has to with our concern that inmates are treated humanely and safely, and their physical and other kinds of welfare are not jeopardized.”

The third supervisor to be moved was acting Captain Chris Brackpool, who was demoted to lieutenant and removed as head of Operation Safe Streets (OSS), the department’s gang unit. In the case of Brackpool, Tyler verified the demotion but he would not specify the reason. Yet, those familiar with the matter reported that Brackpool’s demotion had to do with uniforms.


THE UNIFORM ISSUE

This requires a little backstory.

Unlike the LAPD where there has long been a strong focus on appearance, in the last few years some parts of the sheriff’s department had gotten a little less—well—uniform, about uniforms. The patrol deputies still wore their regular tan and green class A uniforms (with shirts that come in long or short sleeves). The detectives still had the tradition of wearing suits or sport coats. But some of the specialized divisions were reportedly allowed—even encouraged—to have their own way of dressing. In the case of OSS, the variations evolved until most team members were wearing jeans- (of various shades and washes of denim), with t-shirts, tennis shoes, and green raid jackets, the latter the only nod to any kind of official garment.

When McDonnell was sworn in, he took over a department that was riven by factions, plagued by diving morale, and still reeling from years of negative publicity. One of the symbolic changes he made, as he had when he became chief of the Long Beach Police Department, was to institute a more consistent policy of dress for everyone—the OSS guys included. In other words, they were asked to start wearing uniforms.

In response to the new directive, Captain Brackpool reportedly sent out a memo to his OSS people that they didn’t need to worry about the sheriff’s new thingy about uniforms. They could carry on with their jeans and raid jackets—or a message reportedly to that effect.

Undersheriff Tyler confirmed the part about McDonnell desiring more formality of dress. “He came in here with extremely high standards of professionalism,” Tyler said, “demonstrated by how we talk to people and how we look in the field. He told me one time that he’s kind of a stickler for spit and polish.”

Some people have been more resistant than others to the new dictates, Tyler admitted. As a consequence, “the sheriff will have to make changes with people who are in key jobs that require more than grudging support—or grudging non-support.”

Whether that is indeed what happened with Brackpool, Tyler wouldn’t say.


THE TANAKA FACTOR

According to those close to the department, two of the three captains—namely Brackpool and Tubbs—- have had the reputation for being very strong Tanaka supporters. They’d both given to Tanaka’s past political campaigns for mayor of Gardena. And Tubbs was one of those department members who physically stood behind Mr. Tanaka when the former undersheriff announced his candidacy for sheriff at a press conference in August 2013.

Tubbs was also one of eight LASD supervisors who filed suit against former Sheriff Lee Baca in January 2014 alleging that each had been moved away from their desirable assignments to less desirable positions as a retaliation for supporting Tanaka. ((Tubbs had been moved into his recent Court Transportation post from a previous plum position as the head of Community Oriented Policing Services—–or COPS—a program over which Tanaka at one time reportedly exercised a great deal of control.

According to Tyler and others who work with McDonnell, the matter of who may or may not have prior loyalties to whom does not play a part in the new sheriff’s actions.

Yet it appears sure that there will be further alterations in personnel.

“He’s taking his time to really look at our department, how we have it organized—both personnel and systems—and thinking clearly and analytically about where changes ought to be made,” said Tyler of McDonnell. “This means there will be job swaps and promotions, and potentially demotions. There will be some hard decisions to make. “

Posted in Jim McDonnell, LASD | 67 Comments »

Santa Clara’s Unique Efforts to Keep Kids Out of Adult Court…LASD Civilian Oversight Subpoena Power….School Discipline….and NY’s New Anti-Prison Rape Videos

February 23rd, 2015 by Taylor Walker

SANTA CLARA PROSECUTORS LOOK TO ADVOCATES TO ANALYZE HOW KIDS ARE TRIED

In 2013, the Santa Clara County District Attorney’s office invited a team of advocates and public defenders to evaluate how and why county prosecutors charged teenagers as adults.

Prosecutors sat down with the team and discussed each case in which a kid was sent to adult court. The advocates, all against charging kids as adults for any reason, showed prosecutors where they felt different outcomes could have been achieved.

The goal of the DA’s office is to simultaneously keep kids out of the adult system while still maintaining public safety. This particular effort to increase oversight of how teens are prosecuted is unlike anything else we have seen in the state (and is certainly worth emulating).

The San Jose Mercury’s Mark Gomez has more on Santa Clara’s important program and its significance. Here are some clips:

“It’s very easy to close the books and not account for what you did and why,” said Frankie Guzman, an attorney with the National Center for Youth Law who was one of the advocates invited to review the cases. “I respect the fact this interaction and conversation happened, because it’s not happening anywhere else.”

In the majority of cases in Santa Clara County, prosecutors choose to keep the youth in the juvenile system, where the focus is on rehabilitation.

But in about 18 percent of such cases in Santa Clara County since 2010, prosecutors charged juveniles as adults, often resulting in prison sentences. The decision to bring in youth advocates was made following an internal review in 2013, which revealed that a higher percentage of Latino kids face adult charges than other ethnicities. So the District Attorney’s Office pulled together a team of people from the county public defender’s office and Bay Area youth advocacy groups to scour every single case filed that year. Prosecutors explained each decision, and the team discussed what they might have done differently.

“If we can keep a kid in the juvenile system and still protect public safety, we’re going to make that decision,” said Chris Arriola, supervising deputy district attorney of the juvenile unit. “But sometimes we have to make that decision to take them out. We do not take it lightly.

[SNIP]

In many California counties, the decision to charge a youth as an adult is made by one prosecutor, according to Bay Area youth advocates. District attorneys are not obligated to detail their reasoning for charging a juvenile as an adult — known as “direct file” cases.

In Santa Clara County, a team of four senior prosecutors considers several factors, including the youth’s criminal history, the sophistication and gravity of the offense, the outcome in previous attempts to rehabilitate the youth, and the ability now to rehabilitate the minor in the juvenile justice system. All four prosecutors must agree the youth should be criminally prosecuted as an adult.

Read the rest.


SHOULD THE LASD CIVILIAN OVERSIGHT PANEL HAVE AUTHORITY TO SUBPOENA DEPARTMENT DOCS?

KPCC’s Frank Stoltze takes a look at the hotly-debated issue of whether to equip civilian oversight commission with the power to subpoena documents as part of its oversight of the Los Angeles Sheriff’s Department.

Members of the group planning the new civilian panel have differing opinions, and Sheriff Jim McDonnell is still not too keen on the idea, according to Undersheriff Neal Tyler.

The planning group is slated to present their recommendations to the LA County Board of Supervisors in May.

Here are some clips from Stoltze’s story:

“Its certainly a club should you ever need it,” said Dean Hansell, who chairs the working group which is designing the new oversight panel.

Subpoena power would give the panel the ability to force reluctant Sheriff’s officials to testify before it and to obtain certain documents. It would not give the panel access to personnel records – that would require a change in state law.

[SNIP]

Sheriff Jim McDonnell remains reluctant to support subpoena power, according to interim Undersheriff Neal Tyler. He said change already is underway at the department, which is under federal investigation for civil rights abuses and corruption. There’s no need for “the hammer” of subpoena power after the election of McDonnell, said Tyler, who also sits on the working group.

“We have a hammer right now and its Sheriff Jim McDonnell,” the undersheriff said. He also noted McDonnell is providing Inspector General Max Huntsman broad access to the department.

“We are working so cooperatively with him now that it’s not necessary to codify it,” Tyler said. Huntsman has said he needs still more access to adequately oversee the department, and that subpoena power would help.


WHERE WE ARE WITH SCHOOL DISCIPLINE IN CA

News 10′s Michael Bott and Ty Chandler have good overview of the state of school discipline in California, both the racially disparate use of “willful defiance” suspensions, and the restorative justice alternatives that are starting to reverse some of the damages done to kids of color across the state.

Bott and Chandler’s story includes some interesting videos and an interactive map of willful defiance suspensions at schools in the Bay Area (only one SoCal school is featured). Here’s how it opens:

Teenager Dwayne Powe Jr. got a suspension in eighth grade. He didn’t get into a fight. He wasn’t caught with drugs. He committed no crime.

“I actually was asking for a pencil,” Powe said.

Powe said his class began an exercise and he asked to borrow a pencil from another student. That’s when his teacher told Powe he was being disruptive and made him leave class. Powe tried explaining he had only asked for a pencil, but that only dug his hole deeper, he said.

He was technically suspended for “willful defiance”.

Nearly 200,000 California students who were suspended for willful defiance last year can relate to Powe’s story.

What constitutes willful defiance is somewhat vague, but it generally allows teachers to remove students from the classroom if their behavior is thought to be disruptive or defiant. It’s the most common reason California students were suspended—and students of color are overwhelmingly targeted.

But there is a growing consensus that keeping kids out of the classroom for non-violent behavioral issues has done more harm than good, and students of color are paying the heaviest cost for this policy.


EDSOURCE LAUNCHES NETWORK TO CONTINUE COMBATTING EFFECTS OF HARSH SCHOOL DISCIPLINE

In the 2013-2014 school year in California, expulsions plunged 20%, and suspensions fell 15%.

In an effort to keep those numbers dropping, and to divert kids from the “school-to-prison-pipeline,” Ed Source has assembled the Educators Network for Effective School Discipline, backed by the California Endowment.

The group intends to connect school officials, educators, and others to share and discuss programs and practices (like restorative justice and Positive Behavioral Interventions and Supports) that are successfully keeping kids in class, creating better relationships between kids and teachers, and promoting school safety.

Current chairman of the Educators Network for Effective School Discipline, Carl Cohn (who is also a former school superintendent and former State Board of Education member), has more on the new network and why this issue is so important. Here’s a clip:

Leaders of California public schools are seriously re-examining discipline practices and questioning the value of practices that are ineffective and counterproductive – measures that may put youngsters at greater risk for dropping out and for involvement with the juvenile justice system.

These leaders are listening carefully and responding appropriately to the long-standing accusation in the civil rights and advocacy community that some of our schools are, in fact, “pipelines to prison.” Nothing better represents this point of view than the thousands of students suspended each year for willful defiance, which could include behaviors such as eye rolling, talking loudly or standing in a menacing way….

As a first step toward ending this practice, Gov. Jerry Brown recently signed AB 420, which bans suspending students in the K-3 grades for willful defiance.

In order to sustain this momentum, EdSource has convened the Educators Network for Effective School Discipline, with support from The California Endowment. The idea is to bring together principals, teachers, superintendents and others to look at ways to keep youngsters in school and to share best practices and model programs that are especially effective at accomplishing that goal while also making sure that schools are safer as a result of the effort. It’s not just about bringing the numbers of suspensions and expulsions down; it’s also about creating a school climate that contributes to positive relationships among students and staff.

In our discussions with educators, both Positive Behavioral Interventions and Supports (evidence-based interventions that work) and “restorative justice” (where students are called on to repair the harm caused by bad behavior) have emerged as just two effective routes toward creating a school climate that helps keep kids in school and maintaining a safer school environment overall. Like most ambitious school reforms, issuing directives from district headquarters will probably not yield the best results. These are changes that must be owned by principals, teachers, assistant principals and school counselors – those closest to meting out school discipline.


NEW YORK’S SURPRISING NEW EFFORT TO COMBAT PRISON RAPE

Funded through the Prison Rape Elimination Act, New York state prisons will start showing two new inmate orientation safety videos to educate men and women about how to avoid rape behind bars. The twenty-minute-long videos are directed by T.J. Parsell, who was raped on his first day in prison.

The Marshall Project’s Eli Hager has more on the safety videos. Here’s a clip:

Prisons will show inmates — both male and female — an orientation video offering advice on how to identify, and avoid, sexual predators behind bars….

They will be premiered for the inmates who participated in the filming — at Bedford Hills Correctional Facility for Women, Fishkill Correctional Facility, and Downstate Correctional Facility — then rolled out in prisons across the state.

New York has had an uneven record on prison rape. In 2010, according to PREA surveys, three of the eleven prisons in the U.S. with the most staff-on-inmate sexual violence were in New York…

The orientation videos are an attempt to confront that legacy and to change a prison culture in which sexual assault, and the code of silence surrounding it, remain all too common.

Posted in District Attorney, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, Public Defender, racial justice, Rape, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | No Comments »

LA Deputy’s Suit Alleges Retaliation for Protesting Inmate Abuse…Fewer Inmates in CA and LA Facilities, Mock School Shootings…and Protecting Access to Justice Behind Bars

February 20th, 2015 by Taylor Walker

LASD DEPUTY SUES OVER ALLEGED RETALIATION FROM DEPUTIES, SUPERVISORS FOR REPORTING INMATE ABUSE IN JAILS

In a lawsuit filed Wednesday, Los Angeles County Sheriff’s Deputy Ronald Brock alleges department peers and superiors bullied, discriminated against, threatened, and then fired him for protesting inmate abuse in several LA County jails, including Men’s Central Jail and Twin Towers.

A great number of department members are mentioned in Brock’s complaint (a riveting 78 pages), including Sgt. Mark Renfrow, Lt. Mark Guerrero, as well as former Sheriff Lee Baca, ex- Undersheriff Paul Tanaka and Sgt. Kimberly Milroy.

My News LA posted this story from the City News Service. Here are some clips:

He alleges a “veiled threat” came from Lt. Mark Guerrero, who he says told him about how North Korean dictator Kim Jong-Un executed his uncle and the latter’s family members for being disloyal.

“Lt. Guerrero told plaintiff that if something happened to a person for reporting misconduct, LASD would not be responsible,” according to the Los Angeles Superior Court complaint filed Wednesday.

[SNIP]

The next month, Sgt. Mark Renfrow ordered Brock to fire a stun gun at an inmate who was not aggressive toward any deputy, the suit states.

“The bloodied and battered inmate was then handcuffed and taken away for medical attention,” according to the lawsuit.

Brock alleges he was told by Renfrow to falsify a statement in a report of the incident to state that the inmate was trying to punch a deputy, or else he would be determined to be insubordinate.

Brock “eventually relented to the incredible pressure and wrote in the report that the inmate was punching at (the deputy),” according to his court papers.

Brock says he later received a note from inmates stating they heard deputies saying they wanted to bring false allegations against him in retaliation for his complaints.


CA PRISONS AND LA JAILS SIGNIFICANTLY REDUCE OVERFLOWING INMATE POPULATIONS

Late last month, California’s prison population dropped below the 137.5% of capacity mandated by a panel of federal judges. The milestone was reached more than a year before the judges’ deadline. This important victory is made possible in large part by the passage of Propositions 36 and 47, but there is still potential for the population to swing back up if the state officials stop making significant strides toward easing overcrowding. (Refresher: 36 reformed the Three Strikes Law, and 47 downgraded certain low-level felonies to misdemeanors.) Since Prop 47′s passage in November, 2,035 California inmates have been freed.

California jails have also seen a substantial drop in inmate numbers, mostly thanks to Prop 47. Since November, Los Angeles County Jails have reduced the overall population by 3,200 inmates. San Diego achieved a 900 inmate reduction.

Jessica Eaglin, Counsel for the Brennan Center for Justice at NYU, has more on the numbers’ significance and why neither state nor LA County are out of the woods, yet. Here’s a clip:

This is the first time that the state’s prison population reached this level since 1994. The decline is a direct result of Proposition 36 and Proposition 47. Since Proposition 47 took effect, 2,035 inmates have been released from prison. 1,975 inmates have been released since Proposition 36 took effect.

California jails, too, have experienced reductions in their jail populations in recent months. Initially, Realignment facilitated shifting inmates from prison to county jails. The recent sentencing reforms – particularly Proposition 47 – changed this landscape. Los Angeles County, with the largest jail system in the country, saw its jail population decline by 17%, or 3,200 inmates, since November 2014. The San Diego County jail population, too, declined by 900 inmates. This is a critical development towards reducing overall incarceration in the state beyond simple compliance with the federal mandate.

California still has a long way to go to successfully get its incarcerated population under control. The state continues to send almost 9,000 prisoners out of state in order to comply with the court’s mandate. California increasingly relies on private and public facilities – including by sending 2,000 prisoners to a private facility in the state. The state will spend $12 billion on incarceration this year while trying to accommodate the court’s federal order. Moreover, CDCR’s numbers represent weekly snapshots. It may be that next week the number spikes above the threshold again. On the jails side, the population may creep back up as inmates previously being released early due to overcrowding are now serving as much as 100 percent of their sentences.


STAGING SCARY FAKE SCHOOL SHOOTINGS TO TRAIN KIDS ON WHAT TO DO DURING A REAL SCHOOL MASSACRE

A growing number of law enforcement agencies and schools across the nation are performing “active shooter” drills during school hours to prepare kids for real school shootings. Schools have even carried out these exercises, entirely unannounced to students. In a Florida middle school last November, students believed the cops barreling down their halls with fake guns were real shooters, and sent frantic text messages to their parents.

While most agree that lockdown drills are vital to ensure kids know what to do when there is a human threat on campus, experts say the gunman drills, particularly the unannounced kinds, can traumatize kids. But surprise drill advocates say kids do not take scheduled disaster exercises seriously, and that they do not learn from them.

Kids at a junior high in Bakersfield responded similarly to a surprise active shooter drill in November. And here’s what happened in Harlem.

The LA County Sheriff’s Department has performed similar drills at Topanga Elementary, but only to prepare teachers and staff. Students were not involuntarily involved.

Angela Almeida, who has personally participated in a mock school shooting, explores both sides of this issue in an excellent story for the Atlantic. Here are some clips:

Forget what you’ve learned about fake blood and Airsoft props on-site—in these schools, the word “drill” is a frightening misnomer; neither students nor faculty are given any advanced notice of them.

Last November, a middle school in Florida made headlines after students believed an unannounced drill, in which two gunmen barreled down the school’s hallway with a pistol and AR-15, was real. Turns out the shooters were local police officers yelling, “This is a drill!”—but that didn’t stop many students from texting their parents hysterically, telling them they feared for their lives.

[SNIP]

I asked Joseph LeDoux, a highly-regarded neuroscientist at New York University, what might be the most useful strategy for teaching students to act. While it is possible to change how humans instinctually freeze, LeDoux explained, the most effective route for learning may also be the most traumatic. “The introduction of surprise is probably a very useful tactic, because it means the brain has to learn each time students go through the drill,” he said. “When your expectations are violated, then there’s novel information and that’s where you learn. If there’s no violation of expectation, no learning takes place.”

Put simply, if humans know a drill is coming, it’s unlikely they’ll learn much from it. However, while scaring students senseless might make them more equipped to handle an emergency, LeDoux added, the degree to which people are affected by the trauma, in real life or in a simulation, depends upon their preexisting conditions. Everyone reacts differently to trauma.

For individuals struggling to recover from Post-Traumatic Stress Disorder, or PTSD, for example, reliving memories of high stress and fear can trigger unwelcome flashbacks. As a result, students who fit into this category run the risk of re-experiencing symptoms when confronted with simulation drills firsthand. School psychologists argue that the cost of unearthing terrible memories outweighs the potential benefit of these practices—not to mention the rare chance that someone in the school is carrying a concealed weapon and decides to act defensively. A drill to prepare for tragedy could turn into a tragedy itself.

Bonus: watch what Stephen Colbert has to say about Florida’s surprise drill.


SCOTUS TO HEAR CASE REGARDING INMATES’ RESTRICTED ABILITY TO SUE OVER PRISON CONDITIONS

Alliance for Justice has released a new report spotlighting an important case the US Supreme Court will hear next week. Inmates must overcome huge barriers to sue over conditions behind bars. The biggest roadblock is the Prison Litigation Reform Act (PLRA). The PRLA was intended to weed out petty lawsuits, but has succeeded in barring inmates from justice who have serious grievances about inhumane treatment behind bars, according to the Alliance for Justice report.

The case challenges the PRLA’s three-strikes provision restricting the number of civil lawsuits an inmate can file before the $400 filing fee—a colossal sum for inmates working for pennies per hour—will no longer be waived. Interpretations of the provision vary, and can mean that inmates can run out of waivers for a number of reasons, when their cases are dismissed, due to technicalities, timing issues, and more.

Here are some clips from the report:

Recent court decisions have expanded congressional restrictions on the right of inmates to access the courts. Today, inmates are losing more cases, winning fewer settlements, and going to trial less often than any time in the past two decades. Yet, civil lawsuits are often the only way to hold prisons accountable for violence, overcrowding, and medical neglect.

And as with all burdens in the criminal justice system, these developments disproportionately burden people of color, particularly African Americans and Hispanics. Fifty-eight percent of all inmates in 2008 were African American or Hispanic, despite these groups only making up 25 percent of the general public. Recent events have shown how difficult it can be for members of these groups to find justice in all walks of life, but nowhere is it as difficult as in a prison.

This report details the ways courts have expanded nearly every element of the so-called “three-strikes” rule of the Prison Litigation Reform Act to keep inmates out of courts, in ways Congress never intended. Later this year, the Supreme Court will decide Coleman-Bey v. Tollefson, and with it, the future of inmate justice. AFJ calls on the Supreme Court to restore the right of all Americans to petition their courts. Access to justice is far too important an American value to take away from one of our country’s most vulnerable populations.

[SNIP]

On February 23, 2015, the Supreme Court will hear oral argument in Coleman-Bey v. Tollefson. Andre Lee Coleman-Bey is an inmate in Michigan who brought a lawsuit against prison officials for interfering with his access to the courts. Coleman-Bey had brought two previous civil cases that were dismissed. He then brought a third case, which was dismissed by the trial court, and he appealed. That appeal is still pending. When Coleman-Bey brought his fourth and most recent suit, the district judge ruled that the three previous cases were strikes, and that he could not have his filing fees waived. The Supreme Court is reviewing the case to decide whether a district court’s dismissal of a lawsuit can count as a strike—and effectively prevent an inmate from filing any more lawsuits—when it is still being appealed.

This case highlights a much greater trend of lower courts expanding the PLRA to hand out strikes based on technical errors, poor timing, and reasonable arguments that end up losing. Even inmates with law degrees, not just the “frequent filers” the PLRA was supposed to target, could now find themselves locked out of our civil justice system.

Congress enacted the PLRA to “reduce the quantity and improve the quality of prisoner suits,” yet the claims of unbounded frivolous prison litigation that sparked its passage do not match reality. Inmates file roughly half as many lawsuits per capita as the general public, but are successful at a similar rate.

Even as pro se litigants bringing cases without lawyers, inmates have been successful in bringing and winning cases in the United States Supreme Court. And litigation has brought reform to prisons that desperately need it. Recent lawsuits have successfully improved inmate medical care, reduced violence and overcrowding, and reformed prison use of solitary confinement.

Posted in Civil Rights, LA County Jail, LASD, Supreme Court, Trauma | 44 Comments »

« Previous Entries