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Realignment Revisited, CA Bill to Conceal Child Abuse Death Cases, Dzhokhar Tsarnaev, and Crowdfunding Lawsuits Against Law Enforcement

May 21st, 2015 by Taylor Walker

CALIFORNIA PRISONER REALIGNMENT AND ITS SUCCESSFUL IMPLEMENTATION, WILL BE PART OF GOV. BROWN’S LEGACY

California’s prisoner realignment, which went into effect in October of 2011, shifted the incarceration burden for certain low-level offenders away from the CDCR (California Department of Corrections and Rehabilitation) to the states’ 58 counties.

In 2013, the Public Policy Institute of California looked at what effect, if any, realignment had on crime in its first year of existence. It found a slight uptick in violent crime, but noted that it was comparable to similar increases in violent crime elsewhere in the country in states that had no new realignment strategy. (There was however, an anomalous uptick in auto theft, for which the researchers had no explanation.) At the same time, in that first year, the state’s prison population dropped by around 27,000 to 133,400 inmates.

On Tuesday, the Public Policy Institute of California released a second report, finding that in 2013, crime rates dropped several percentage points (or more) in all categories of violent crime and property crime calculated.

And, thanks to realignment, and more recently, Prop 47, the state’s prisons are now 2,200 inmates below the 137.5% capacity deadline set by a panel of federal judges. (Prop 47 reclassified certain non-violent drug and property-related felonies as misdemeanors.) County jail population growth has also slowed down.

A Sacramento Bee editorial lauds California Governor Jerry Brown’s criminal justice reform efforts, calling realignment an important accomplishment and a model for the nation.


UNDER-THE-RADAR CALIFORNIA “TRAILER BILL” WOULD CONCEAL RECORDS OF KIDS KILLED BY THEIR PARENTS’ SIGNIFICANT OTHERS…AND MORE – UPDATED

A “trailer bill” tucked away in the CA budget proposal would hide records of child deaths at the hands of a parent’s boyfriend or girlfriend. It would also limit access to other case notes, and keep social workers’ identities secret in such cases. Interestingly, the bill would also implement a federal order to release case files when kids are brought close to death.

Because the bill is attached to the budget, it will bypass the usual committee review process.

According to the Times, the bill could be voted on as early as today (Thursday).

The LA Times’ Garrett Therolf has more on the bill. Here are some clips:

…state and county officials implemented a battery of child protection reforms that child welfare advocates credit with reducing the number of children who die because of abuse and neglect.

But the bill currently under consideration would relax deadlines for the release of records, and keep the names of social workers secret. It would deny the public access to original case notes, instead providing abbreviated summaries of how the government attempted to protect vulnerable children.

It would also exclude the public from reviewing case files concerning children who were killed by their parents’ boyfriends or girlfriends.


[EDITOR'S UPDATE: We have just deleted a sentence in our clip from this LA Times story. It had to do with DCFS's purported sponsoring of this worrisome bill, which---according to information we have subsequently received---turns out to be incorrect. (A DCFS spokesman said that those at his office first learned of the bill's existence this morning from the LAT's and WLA's reporting. He assured me that DCFS is not at all in favor of the information-restricting proposed legislation.)

The Times too has removed the problematic sentence, although without notifying readers that they have done so. Instead the faulty information just unaccountably vanished. (Bad LAT, no cookie!)]


[SNIP]

Pete Cervinka, the deputy director of the social services department who reportedly led efforts to draft the rollback, declined to answer questions about the proposal.

A spokesman noted that the department had not yet publicly introduced the language of the bill, which he said will implement a federal mandate to release records for the first time in cases where children are injured to the point that they are “near death.”


DZHOKHAR TSARNAEV AND THE DEATH PENALTY, AS SEEN THROUGH THE EYES OF SOMEONE PAID TO HUMANIZE DEFENDANTS IN CAPITAL PUNISHMENT CASES

In a story for the Nation, Debbie Nathan, a journalist and freelance “mitigation specialist” for death penalty cases, gives an interesting take on Dzhokhar Tsarnaev’s case from the eyes of someone whose job is to “de-monster the monsters.”

In death penalty cases, when guilt is already established, mitigation specialists dig through the defendant’s past to present a humanizing narrative that will sway jurors to spare the defendant’s life. Often, according to Nathan, the investigations turn up prior abuse, mental illness, and other traumas. But, Nathan says, the concepts and practices of mitigation investigations, vilification, and even innocence claims are indicative of a broken criminal justice system. Nathan argues that humans should be allowed to make bad decisions, even catastrophic ones, and remain among the living.

Here are some clips from Nathan’s insider take on the issue:

We search out hardship in early life. In death-penalty cases, this is usually like shooting into barrels of fish. Capital murder is an extreme behavioral outlier and almost always is associated with a gross inability to control one’s frustration, anger, and other antisocial impulses. The problem is most often associated with conditions like intellectual disability, mental illness, exposure to environmental and workplace toxins, and substance abuse. Learning this background can liberate a jury from simplistic and legalistic notions of “guilt,” toward the more complicated understanding that when terrible things happen to someone, even grotesquely violent responses are imbued with a quantum of moral innocence.

[SNIP]

Exposition. Rising action. A plot gone awry and a horrible climax. The denouement remains to be written. We mitigation specialists hope the poetics of our client’s life will move the jury to consider their own poetics. To think, as they lie in bed at night after court: “There but for the grace of God go I. Or my child!” They might vote to kill a monster, but not a human. Mitigation narratives don’t work all the time—witness what’s just happened with Tsarnaev. But they work often enough, and they save lives.

As a result of this work, I see capital cases from the inside. I see privy things. Very occasionally, I see strong evidence that someone is actually innocent: they seem truly to have done no wrong. These cases underscore the State’s outsized and often corrupt power, exercised though egomaniacal and dishonest district attorneys, lying cops, inept “experts.” These cases have become a powerful argument against the death penalty.

But I’ve also seen cases in which the defendant and his lawyers have publicly claimed innocence—yet during my work I’ve found evidence suggesting my client is guilty. I’ve seen attorneys hide the “bad facts” of the case—facts, kept quiet by the defense, which suggest that my client did commit murder. These are the moments in which I question the corrosive role that “innocence” plays in criminal justice, and in our effort to reform that broken system.

Claims of innocence can be tremendously useful tools. In court they can rout a death sentence, particularly when raised on appeal to contest an execution that is imminent. Politically, innocence claims are a potent argument against capital punishment, because who, even among the most die-hard of capital punishment advocates, wants to mistakenly execute the blameless?

But innocence claims, even in far lesser crimes than murder, can be as corrosive to our struggling comprehension of humanity as is the prosecutor’s rant about “monsters.” Handed down in courtrooms and in the court of public opinion, a judgment of innocence gives indigent people, people of color, and immigrants the right in America to live. But the other side of the shiny coin of innocence is the crumpled currency of guilt. You’re not innocent? You fucked up? Then you deserve your exile—prison for an eternity, ejection from the United States, your life injected away on a gurney. After all, you’re not innocent.


CROWDFUNDING FOR PEOPLE ALLEGEDLY ABUSED BY LAW ENFORCEMENT, WHO CANNOT AFFORD LEGAL FEES

Anoush Hakimi turned to crowdfunding to “level the legal playing field” by helping indigent victims of alleged police abuse pay their attorney’s fees.

KPCC’s Frank Stoltze has the unusual story. Here’s a clip:

The effort is designed to address a perennial problem in police abuse litigation: most victims are poor and their attorneys only get paid when there’s a settlement or a jury finds in their favor.

In the meantime, attorneys spend their own money to hire expert witnesses, conduct discovery and prepare the case.

“So naturally, plaintiff attorneys are reluctant to take on cases unless they are a slam dunk,” said Hakimi, 37, a Century City finance lawyer. “This leaves a lot of people out in the cold.”

Too often, he argued, victims are forced to settle a case on the cheap because their lawyers can’t afford to fight. The Iranian immigrant, who graduated from UCLA Law School, said he co-founded TrialFunder.com to raise investor money to bolster good cases.

Hakimi said investor money will “level the legal playing field” against deep-pocketed cities, counties and corporations.

Posted in Charlie Beck, Death Penalty, Edmund G. Brown, Jr. (Jerry), Innocence, LAPD, LASD, law enforcement, prison, Realignment | No Comments »

Special Committee to Recommend Subpoena Power & More to Give Teeth to LA Sheriff’s Dept. Civilian Oversight Commission

May 18th, 2015 by Celeste Fremon



SUBPOENA POWER, YES, LASD MEMBERS ON THE COMMISSION, NO

After nearly five months of work and nine town hall meetings held around Los Angeles County, a specially-appointed working group has is nearly finished hammering out a comprehensive strategy for civilian oversight of the nation’s largest—-and, in recent years, most troubled—-sheriff’s department.

The seven-member working group charged with coming up with a plan for the formation and function of the civilian oversight commission for the Los Angeles County Sheriff’s Department voted Friday on some of the last and most crucial recommendations for the oversight body that is soon due to be formed by the LA County Board of Supervisors.

Most notably, the working group voted 4-3 to recommend that the commission be granted subpoena power in order to get the documents and information it needs from the department to function adequately. To make subpoena power possible, however, would require the Board of Supervisors to vote to put a measure on the ballot.

The other vote that caused arguments among the working group members—who reportedly have been operating on most issues with great cooperation—was the 4-3 decision to prohibit any members of the LASD, currently working or retired, to serve on the oversight commission for the sheriff’s department.

The three who voted against the recommendation to go for subpoena power and also the motion to nix anyone from the LASD, were the present department undersheriff, Neal Tyler, Les Robbins, a past president of the Association for Los Angeles Deputy Sheriffs (ALADS), and former FBI agent, Brent Braun.

According to group member, Hernán Vera, subpoena power and excluding members of the sheriff’s department emerged as important issues to the community at the string of well-attended town hall meetings that the working group sponsored.

“We really got an earful from people at the town halls telling us that the commission would not have the public trust if department members were on it,” said Vera, the former longtime president of the public interest law firm, Public Counsel, now an attorney in private practice. “After all, it’s a civilian oversight commission, and having sheriff’s department members would harm public confidence and present a conflict of interest.”

As for subpoena power, Vera explained that, “after looking at other jurisdictions like San Diego we found out what had been most successful,” and subpoena power was one of the ingredients, he said.

Advocate groups and inspector general, Max Huntsman, who is one of the working group members, have all expressed strong support for subpoena power. Huntsman, in particular has said he’s already been having trouble getting documents.

Peter Eliasberg, the legal director for the ACLU of Southern California, agreed on both issues. “It’s a no brainer that they need subpoena power,” he said. “Any argument against it is laughable. I don’t know a single expert on the issue of civilian review commissions who would say otherwise.”

Eliasberg also agreed that having LASD members on the commission would present “an obvious conflict of interest. I’m afraid they’ve dug their own grave on both these issues. The department has proven over and over that it can’t police itself.”


WHY THE COMMISSION….?

The creation of a civilian oversight commission for the LASD was approved by the newly configured LA County Board of Supervisors last December, with the idea that the oversight body would “help restore public trust and promote transparency” in the sheriff’s department, which had been lacerated by scandal in the last few years.

In order to facilitate the commission’s creation, the board nominated the seven-member working group to study how best to proceed, then to make recommendations about the commission’s mission, authority, size and structure.

Although the department is widely considered to be moving forward with substantive reform under Sheriff Jim McDonnell, the wisdom of creating a permanent external oversight body was once again emphasized by the recent indictments of the department’s once powerful second in command and sheriff’s candidate, Paul Tanaka, along with the former head of ICIB, the LASD’s internal criminal investigations bureau. Both men are alleged by the feds to have turned away from investigating reports of egregious wrongdoing by department members, along with allegedly actively obstructing an FBI investigation into brutality in the jails.


…AND HOW IT WILL BE CHOSEN

The groups other big vote on Friday had to do with how many members ought to be on the commission, and how those commission members should be chosen—a decision that, unlike the previous two, was reportedly made with little controversy: After considering six different possible configurations, the group went with nine commission members, the first five of whom would be chosen by the board of supervisors, with each picking one out of the five. The remaining four would be selected by a majority vote of the full board from a field of vetted applicants, meaning that community members could apply.

The working group is expected to deliver its final report to the supervisors in June.

“All seven of us have worked together very productively and professionally,” said Vera. “And the final product will incorporate the community’s comments,” along with “real life language to flesh out our recommendations.

“It’s something I’ve very proud of.”

Posted in Inspector General, Jim McDonnell, LA County Board of Supervisors, LASD | 4 Comments »

PANDORA’S BOX FINALLY GOES UP THE LADDER: The Day That Paul Tanaka and Tom Carey of the Los Angeles Sheriff’s Department Were Federally Indicted – UPDATED

May 16th, 2015 by Celeste Fremon


“The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

- David Bowdich, Assistant Director in Charge, LA offices of the FBI



THE ARRAIGNMENT

On Thursday, May 14, the day it actually happened, the mood among even the observers was of an almost theatrical unreality.

For weeks sources had dropped hints that former undersheriff Paul Tanaka and, with him, former captain William “Tom” Carey, were going to be federally indicted—and soon. But who knew? Eight months ago several sources close to the U.S. Attorney’s office said that a Tanaka indictment simply was not going to happen.

Carey, maybe, but not the former undersheriff.. The man was, after all, a runner-up in the November 2014 race for sheriff and he was still the 3-term elected mayor of the city of Gardena.

Yet seven lower-ranking members of the department had been charged, convicted and handed prison terms for engaging in actions that, according to all credible accounts, Tanaka, and to a much lesser degree, Carey, had ordered. So were the feds really going to let the underlings take the whole big, bad hit, while the shot-calling guys at the top walked away unscathed?

As it turns out, the answer to that question is: no.

Both Paul Tanaka and Tom Carey learned for certain late Wednesday afternoon through their attorneys that a grand jury had indeed handed down indictments . In reality, however, both the indictees and the lawyers had all but known for weeks. And then there were subtle hints that went out to both the Carey and Tanaka camps that planning a vacation in May would likely be….unwise.

Paul Tanaka is, of course, the former number two of the Los Angeles Sheriff’s Department and, at one time, the man who most insiders believed was all but guaranteed the top job after then-sheriff Lee Baca stepped down. But that was before a string of departmental scandals became public, before Baca “finessed” (his word) his once blindly trusted second in command into early retirement, before Tanaka hit back with verbal stiletto strikes delivered via the press, and before Baca resigned under still ambiguous circumstances on January 7, 2014.

Prior all that, Tanaka was Baca’s anointed successor, the crown prince, the guy whom nearly everyone in and around the department—everyone save Baca himself—believed truly ran the show. It was Tanaka who reportedly micro-managed nearly all important promotions, civil service rules be damned. He was also the person who could and would tank your career if you crossed him. He had to put his “people.” in place, Tanaka once confided in former LASD Commander Robert Olmsted. Because, he said, after Baca, he was going to be sheriff for the next 16 years.

Instead, at around 6:30 am on Thursday, Tanaka self-surrendered to federal agents at the FBI head quarters building in Westwood. Tom Carey too self-surrendered at around the same hour. Later that day, both men were led, in handcuffs, to holding cells inside the Edward Roybal federal building. Then at approximately 3:05 p.m. Tanaka was arraigned on 5 counts of obstruction of justice. Carey was arraigned right afterward. Tanaka wore a baby blue shirt, no tie, and sport coat, for the arraignment. Carey wore a bright white, long-sleeved Oxford shirt that looked very J. Crew-ish, no jacket. Neither were handcuffed anymore.

Both men were granted bail. Tanaka’s bail was set at $50,000, to be secured by a condo in Diamond Bar that is in his wife’s name. Carey’s bail was $100,000 but it was unsecured by either property or other assets. During the bond discussion, Judge Victor B. Kenton, the jurist presiding over the arraignment, wondered to Assistant U.S. Attorney Brandon Fox why Tanaka needed to be a bond at all—before acceding to the government’s wishes with some reluctance. (Since we’ve seen people charged with a couple of hand-to-hand sales of dime bags of meth slammed with a $100,000 in bail, no kidding, we wondered about his honor’s thinking, but that’s a conversation for another day.)

As is customary, both men were required to surrender their passports and firearms. (Carey didn’t have a passport, and Tanaka’s was out of date.) There was a small kerfuffle over the fact that Tanaka’s wife is an LASD detective thus legitimately needs her gun. Carey’s son, who lives in his father’s household, is also a sworn member of the sheriff’s department, so needs his gun as well. With a bit of back and forth, everyone settled on the notion of acquiring new lock boxes forthwith for the weapons of the spouses and offspring.

A joint trial for the two “co-conspirators” was set for July 7 in the courtroom of Judge S.James Otero—although absolutely no one involved thinks the trial will commence anywhere near that soon. Moreover, sources rate the chances at approximately 80 percent that Judge Percy Anderson will elect to snatch this juicy trial for himself, thereby moving Otero out. Anderson, those following closely will remember, presided over both of the trials of James Sexton (whom it took two trials to convict), and the trial the other six former department members who, along with Sexton, were convicted of obstruction of justice concerning the hiding of federal informant Anthony Brown and other actions designed to thwart the FBI’s investigation into chronic corruption and brutality in the Los Angeles County jail system.

UPDATE: Judge Percy Anderson did indeed manage to snatch the Tanaka-Carey case. But there are still no new trial dates.

Both men were released on bond at around 4:30 p.m. Thursday afternoon. They left the building with their lawyers, looking grim and rattled. Tanaka also had his wife beside him, a pretty woman who, on this particular afternoon, looked like she’d been through one hell of a 24 hours.


THE PRESS CONFERENCE

The news that two of the guys near the top of the LASD’s hierarchy were facing federal indictments was officially announced at Thursday’s 9 a.m. press conference where Acting United States Attorney Stephanie Yonekura laid out the charges:

Tanaka was charged with obstructing a federal investigation for allegedly “directing efforts to quash a federal investigation into corruption and civil right violations by sheriff’s deputies” in two of the county’s jail facilities, Men’s Central Jail, and Twin Towers, she said.

Tom Carey, the former head of ICIB-–the LASD’s unit that oversees criminal investigations within the department—was indicted along with Tanaka for “participating in a broad conspiracy to obstruct the investigation.” In addition, Carey was charged with two counts of “making false declarations” (basically perjury) for things he said in last year’s trials of former deputy James Sexton and six former members of the department, including two lieutenants, two sergeants, and two more deputies.

As she spoke to the hyped-up crowd of reporters, Yonekura used unusually descriptive language to describe the context in which the obstruction of charges against the two men were filed, particularly concerning Tanaka, whom she said (allegedly) didn’t merely obstruct justice regarding the Anthony Brown matter, but “had a large role in institutionalizing certain illegal behavior within the Sheriff’s Department” as a whole.

David Bowdich, the new the Assistant Director in Charge for the LA offices of the FBI, went further when he took the podium after Yonakura. “The allegations in the indictment include cover-ups, diversionary tactics, retribution and a culture generally reserved for Hollywood scripts.”

As mentioned above, the charges against Carey and Tanaka are similar to the obstruction of justice charges levied against the seven former department members convicted last summer and fall (and whose cases are being heard on appeal by the 9th Circuit Court of Appeals, this coming fall). Except, of course, Tanaka’s and Carey’s roles were supervisory in nature. In other words, they were the ones who allegedly gave the orders that led to the obstruction charges—and the convictions—of seven department members, not the ones who mostly carried out what higher-ups told them to do.


THE INDICTMENT

The joint indictment of Paul Tanaka and Tom Carey is a 25-page document that makes for interesting reading.

The first nine pages cover what are called Introductory Allegations. These are the sort of back story that puts the the rest of the legal tale—namely the various “counts” that comprise the charges—into a larger narrative context. On page three, for example, the document states that:

“Defendants TANAKA and CAREY were well aware of allegations of rampant abuse of inmates at MCJ and TTCF [Twin Towers] and of allegations of insufficient internal investigations and enforcement of deputy misconduct by the LASD.”

It then goes on for the next two or three pages to give a list of examples of how Tanaka and, in some instances, Carey, ignored reports of deputy abuse of inmates when they were brought to them by such varied sources as a jail chaplain, an ACLU monitor, an LASD deputy, a lieutenant, a commander, and more.

The indictment also describes how Tanaka, in particular, allegedly seemed to foster misbehavior—as with his infamous “work the gray” speeches, or his reported 2007 threat to “put a case” on captains “who were putting the most cases on deputies,” and so on.

The remaining pages outline the “counts,” which basically have to do with ordering and/or overseeing the alleged hiding of inmate/informant Anthony Brown from the feds, surveilling and threatening FBI special agent Leah Marx, and attempting to threaten and cajole potential deputy witnesses from talking to the FBI—plus other related actions.

A careful reading of 25-pages is also intriguing in that it suggests, among other things, a list of possible witnesses that the feds could call at trial. (It most cases, the individuals mentioned in the indictment are not named, but comparing the anecdotal material in the document with, say, accounts of the Citizens Commission on Jail Violence hearings, and WLA’s own coverage of the LASD over the last few years, may offer relevant clues.)

In response to the indictment, both in a written statement and in conversation outside the courtroom, Tanaka’s two attorneys said that the charges against their client were “baseless,” and they were confident he would be exonerated of any wrongdoing.

“We’re not going to roll over, we’re going to fight it.”

If convicted of all the charges, Tanaka could get fifteen years in a federal prison. Carey, with his extra two counts, could do 25. Yet, judging by the sentences handed down to the other seven department members last year, where the longest term ordered was 41 months, should Tanaka and Carey be found guilty, their sentences too would likely be far shorter than the maximum.


AND WHAT ABOUT BACA?

At Thursday’s press conference, a good number of the questions asked by reporters weren’t about the recently indicted Tanaka and Carey, but about about the man who most conspicuously was not indicted—namely former sheriff Lee Baca. He was, after all, present at many of the meetings laid out in the charges. And in several instances he was reportedly the guy who called the meetings.

Acting US Attorney Yonekura declined to say whether or not Baca was or was not the focus of any ongoing investigation. She mostly answered the blizzard of questions by stating that “Mr. Baca is not charged at this time,” and “We will continue to look at any evidence that comes to us.” As to how they could indict the number two guy, without indicting the number one guy, she said, “We’ve charged the cases we feel we can prove beyond a reasonable doubt.”

Meanwhile, back among the non-indicted working department members, once the news broke about Tanaka and Carey, Sheriff Jim McDonnell sent out this message to the troops:

Today, the Department of Justice announced the indictments of former Sheriff’s employees Paul Tanaka and William Carey. The last several years have been hard on everyone. The indictments are part of a process that will run its course. During this time it is important for us to focus on our mission and look toward the future in demonstrating what the LASD is all about.

The US Attorney’s announcement is by no means a reflection on the tremendous work that you consistently do and the commitment that each of you provide to make a difference in the communities that we serve. The Sheriff’s Department is a national leader in law enforcement, an agency second to none.

I look forward to the future and continuing to work with you in moving the Department forward, not only in leadership, but in the eyes of the public.

Posted in FBI, jail, Jim McDonnell, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 78 Comments »

Indictments of Former Top LASD Officials Paul Tanaka & Tom Carey to be Announced Thursday Morning

May 14th, 2015 by Celeste Fremon


The indictment of Paul Tanaka, the former undersheriff of the Los Angeles Sheriff’s Department,
and the man that many considered the shadow sheriff during the last years of Lee Baca’s time in office, will be announced at a 9 a.m. press conference Thursday at the federal building, according to sources. Former LASD Captain Tom Carey will also reportedly be indicted and is expected to self-surrender Thursday morning.

Although the FBI has reportedly been investigating Tanaka on a number of fronts over the last couple of years, Thursday’s unsealed indictment is expected to pertain to an elaborate scheme of hiding of FBI informant Anthony Brown from his federal handlers, and related actions—a scheme that has already resulted in convictions of seven former department members for charges of obstruction of justice.

Tanaka and Carey testified at both of the trials that resulted in the seven previous obstruction convictions (all of which are being appealed to the 9th Circuit Court of Appeals, with hearings to take place next fall). Although, on the stand, Tanaka in particular disavowed specific knowledge and oversight of the hiding of Brown. Yet the testimony of others made it hard to see him as the distant supervisor who never asked his underlings about details, whom he attempted to portray himself to be. Carey too, as the head of ICIB, the department’s unit for investigating internal criminal matters, appeared to be assigning many of the components of what came to be unofficially called Operation Pandora’s Box.

Both men admitted on the stand at the earlier trials that they knew they were the “objects” of a federal criminal investigation.

More after the press conference.

Posted in FBI, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 118 Comments »

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

May 13th, 2015 by Celeste Fremon



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

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

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

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

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

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

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

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

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


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


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

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

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

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

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

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

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

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

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

Supervisor Sheila Kuehl voted against the PEP agreement.


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

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

Here’s a clip from the opening:

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

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

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

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

Read on.

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

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

May 12th, 2015 by Taylor Walker

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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


WHAT TRAUMA DOES TO INFANTS

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

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

Here’s a clip:

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

More Pandora’s Box Indictments? …”Electronic Backpacks” for Dual-Status Foster Kids…LA Mayor and LAPD Chief Missed Important Opportunity…Two Mississippi Officers Murdered…and More

May 11th, 2015 by Taylor Walker

RECORDINGS AND DOCUMENTS SUGGEST RESPONSIBILITY FOR OBSTRUCTING PANDORA’S BOX MAY LIE WITH LASD HIGHER-UPS, INDICTMENTS LOOMING

Last year, seven members of the LA County Sheriff’s Department were convicted of obstruction of justice for hiding FBI informant Anthony Brown from his federal handlers. (Backstory here, here, and here.)

New court documents and FBI recordings obtained by ABC7′s Lisa Bartley once again suggest that fault may lie higher up in the LASD chain of command.

In the recordings, an indignant then-Sheriff Lee Baca can be heard loudly accusing the FBI of breaking the law by sending a phone into the jail. Upset that he was kept out of the loop while the feds investigated reports of abuse and corruption in Men’s Central Jail, Baca launched his own investigation into the matter.

Sources have told WLA that more indictments could come as soon as this month or next.

Here are some clips from Bartley’s story (but go over to ABC7 and watch the video):

SHERIFF LEROY BACA: The FBI doesn’t have a right to break the law!

At the heart of this case is Baca’s anger: How could the feds infiltrate HIS jail and go after HIS deputies, without telling Baca himself? Baca fervently believed the FBI had broken the law by setting up a sting that led a corrupt deputy to smuggle a cellphone into the jail and to inmate-turned-FBI informant Anthony Brown. Undersheriff Paul Tanaka told FBI agents about the angry phone call he received from Baca.

UNDERSHERIFF PAUL TANAKA: I just remember him being mad, mad, mad! A lot of colorful language – just mad! And – you find out that F-ing phone, you get that phone you hold onto that phone. I don’t want it to leave our custody!

Baca convenes a high-level Saturday meeting. Despite FBI Assistant Director Steve Martinez telling him that the phone was part of a legitimate, authorized FBI operation, Baca wants an investigation of his own. How did the phone get into jail? Who is responsible?

It’s NOT a crime, because it’s all part of a sanctioned, undercover operation by the FBI. Still, Baca issues the order: No one can get into see inmate Anthony Brown without permission from Undersheriff Paul Tanaka.

In the days and weeks to come, Anthony Brown is hidden from the FBI – his name is changed and computer records are falsified. The sheriff’s department puts Brown’s FBI handler Special Agent Leah Marx under surveillance and later threatens her with arrest.

Two sergeants harassed and threatened to arrest Special Agent Leah Marx, Brown’s federal handler, outside of her home (more about that here).

Baca told federal investigators that he was unaware that “we have an interest in arresting an FBI agent. That…strikes me as extreme.”

Yet, Captain Tom Carey testified that he, Baca, Lieutenant Steve Leavins and Paul Tanaka met prior to the incident, to discuss what to do about Special Agent Marx. According to Carey, Baca said “Just don’t put handcuffs on her.”


KEEPING IMPORTANT DOCUMENTS ON A “CLOUD” SYSTEM FOR KIDS INVOLVED IN BOTH JUVENILE JUSTICE AND FOSTER CARE SYSTEMS

The Sierra Health Foundation, in collaboration with ZeroDivide, are working to create what they are calling “electronic backpacks” for California’s dual-status foster kids (kids who are involved in both the child welfare and juvenile justice systems).

Dual-status (or “crossover”) kids often face trauma, neglect, and instability. And communication between agencies serving dual status kids, including school districts, can be patchy or nonexistent, making it hard for kids to access important services and enroll in school.

The “electronic backpacks” would allow kids to easily access their important documents (like birth certificates, proof of vaccination, and school records) from computers and mobile devices anywhere, by storing them on a “cloud” system.

Health Affairs’ McCrae A. Parker and Matt Cervantes have more on the effort, which is part of the foundation’s Positive Youth Justice Initiative. Here’s how it opens:

“And despite all best intentions, when youth leave the foster care system as adults, they are typically only given a sheaf of papers that detail their complicated histories. These records are easily lost and usually incomplete, which often creates burdens these young adults must carry for life.” –Wendy Lazarus, Founder and Co-President of the Children’s Partnership

Over the past year, ZeroDivide has collaborated with Sierra Health Foundation to serve as a thought partner in the integration of technology into the foundation’s Positive Youth Justice Initiative, which aims to create a major shift in California’s juvenile justice practice and policy at the county level. The initiative focuses on crossover youth—that is, young people with histories of neglect, abuse, trauma, and engagement in the child welfare system, who currently are involved with county juvenile justice systems.

As part of our exploration of promising practices in the use of technology in the juvenile justice and child welfare systems, we discovered the “electronic backpacks.”

The central idea behind the electronic backpack is that a youth’s important life documents, medical records, and program reports “live” on an easily accessible, secure, “cloud” system. For crossover youth, the design, use, and adoption of the electronic backpack concept can potentially lead to better coordinated services and outcomes. Mobile technology provides a greater level of access to critical intervention and service records for youth, their families, and their friends or supportive adults.

Crossover youth are in particular need because of interaction with two systems (child welfare and juvenile justice), and the delay and withholding of services that they may experience without specific documents. For example, a youth who arrives at a new group home placement may have difficulty registering at his or her new school without vaccination records. With an electronic backpack, this issue can be eliminated.


STEVE LOPEZ: MAYOR AND LAPD CHIEF SHOULD HAVE ATTENDED TOWN HALL MEETING ABOUT BRENDON GLENN’S DEATH AT THE HANDS OF POLICE

In his column, LA Times’ Steve Lopez wrote that, by not attending a Venice town hall meeting to discuss the recent shooting death of an unarmed homeless man by a police officer, LAPD Chief Charlie Beck and LA Mayor Eric Garcetti missed an important opportunity to show that Brendon Glenn’s death mattered. Here’s a clip:

When Ezell Ford was shot and killed by police last August in South Los Angeles, Beck and other top LAPD brass went into full damage control mode, meeting with a crowd of concerned citizens at Paradise Baptist Church.

Does Venice not matter as much as South L.A.?

Does Brendon Glenn not matter as much as Ezell Ford, both of them black, and both of them unarmed?

If City Hall wanted to send a message that these shootings matter, two people in particular should have gone to that meeting together Thursday night.

“Where is the mayor?” Mike Neely, a commissioner with the Los Angeles Homeless Services Authority, asked from outside the standing-room-only Venice meeting. “Where is the chief of police?”

They were missing in action, that’s where they were.

The first matter the city needs to attend to is the police killing of an unarmed man. That in itself is worthy of the police chief’s and mayor’s attention…

But figuring out why Brendon Glenn was killed is only a small beginning. The next step is to address the underlying failures that foster these killings and so many other woes…

Being a cop isn’t easy, particularly when you’re asked to deal with the fallout from the city’s failure to help people off the streets and into services that can transform their lives, make neighborhoods safer and even deliver a savings to taxpayers.

A scuffle broke out near the Venice promenade, police were summoned, they wrestled with the suspect, and Brendon Glenn — said to have been intoxicated — ended up dead.

It happens too often.

Chronic homelessness is rampant in Venice. The first thing to consider, when there’s a call about a disturbance near the boardwalk, is that it might involve someone who is homeless, mentally ill and/or addicted. The situation might call for backup help, or one of the mental health/police units, or use of a disabling, less lethal weapon than a gun.

And yet, here we are once again, with police as the designated default agency when it comes to homelessness.


FATHERS OF TWO MISSISSIPPI POLICE OFFICERS KILLED IN THE LINE OF DUTY TALK ABOUT THEIR SONS

The nation got heartbreaking news on Saturday night when it learned that two Hattiesburg, Mississippi, police officers, Liquori Tate, 25, and Benjamin J. Deen, 34, had been shot and killed during a routine traffic stop.

On Sunday morning, four suspects were arrested.

Benjamin Deen was a K-9 officer whose father, Dan Deen, told NY Daily News reporter Joel Landau, that his son, a former “officer of the year” in the department, chose his profession so he could follow in his grandfather’s footsteps.

“He was a very good cop. He loved his family, he loved his job,” he told The News. “He did his job to the best of his ability.”

Benjamin Deen was married and had two children, a 9-year-old boy and 13-year-old girl, his father said. The family is devastated by what happened, he said.

Ronald Tate, father of Liquori Tate, who was not yet a year out of the police academy, talked with CNN’s Catherine E. Shoichet about his son’s passion for policing and the way he treated those he was charged with protecting and serving.

“He had this enthusiasm, this fire in his soul, and I knew he meant that,” Ronald Tate said.

That doesn’t mean Liquori Tate didn’t know he was putting his life in danger when he joined the force.

“He really knew the risk,” Ronald Tate said, “but I think my son just thought people…are generally good people, so let’s treat them all with dignity.”


Late last week, the California Senate passed a bill that would ban grand juries from investigating officer-involved shootings and excessive use of force incidents.

Eliminating the grand jury option would give local district attorneys no choice but to handle such cases. And because DAs are elected officials, the bill supporters believe there would be a higher level of public accountability involved.

The bill, SB 227, authored by Sen. Holly Mitchell, D-LA, must next be approved by the state Assembly.

The Sacramento Bee’s Alexei Koseff has more on the bill. Here’s a clip:

Protests sprouted up nationwide last fall after grand juries in Missouri and New York declined to indict white police officers who had killed unarmed black men during confrontations. The system, in which a jury of citizens weighs the evidence to decide whether to bring charges, came under fire for its secrecy.

Sen. Holly Mitchell, D-Los Angeles, who introduced Senate Bill 227, argued that the lack of transparency and oversight in grand jury deliberations, which do not involve judges, defense attorneys or cross-examination of witnesses, did not serve the public.

“The use of the criminal grand jury has fostered an atmosphere of suspicion that threatens to compromise the nature of our justice system,” she said.

Posted in Eric Garcetti, Foster Care, Homelessness, LAPD, LASD, Los Angeles Mayor, Paul Tanaka, Sheriff Lee Baca | 18 Comments »

CA Counties “Step Up” for Mental Health Diversion…Jazz Therapy in Jail…and Preschool Savings

May 8th, 2015 by Taylor Walker

LA, OC, OTHER COUNTIES JOIN UNIQUE MENTAL HEALTH DIVERSION INITIATIVE

A new national initiative to divert people with mental illness from jails will connect counties with resources to create concrete action plans and track results.

On Tuesday, the National Association of Counties (NACo), the Council of State Governments (CSG) Justice Center, and the American Psychiatric Foundation (APF) launched the initiative, which will use money from Department of Justice’s Bureau
of Justice Assistance (BJA).

Sheriff’s departments in California counties and across the nation are signing up to participate in the “Stepping Up” initiative, which is intended to be “a long-term, national movement—not a moment in time,” according to organizers.

Here are a few of the areas sheriff’s departments participating in the initiative will focus on:

- Learning from a group of criminal justice, mental health, and substance abuse experts, as well as people with mental illnesses and their families

- Collecting data and using it to assess needs of (and to better serve) people who are both mentally ill and justice system-involved

- Developing, implementing, and thoroughly tracking the progress of a diversion plan involving research-based approaches

Counties that see progress over the next year will be eligible to attend a national summit in the Spring of 2016, after which certain counties with the best diversion results will be selected to receive grant money to expand their efforts.

The LA Times’ Abby Sewell has more on the initiative, and what the LA and OC sheriffs have to say about it. Here’s a clip:

“You will not find a sheriff in this state or this nation who is not struggling with the growing number of people who are mentally ill in our jails,” Orange County Sheriff Sandra Hutchens said at a kickoff event for the initiative in Sacramento….

Los Angeles County Sheriff Jim McDonnell was not present Thursday at the Sacramento event, but said in a previous interview, “Absolutely, we want to be a participant.”

“Jails were not built as treatment facilities with long-term treatment in mind,” McDonnell said. “When you think about a jail environment, it’s probably the worst possible place to house or attempt to treat the mentally ill.”

LA County District Attorney Jackie Lacey has been researching and working on a comprehensive mental health diversion program, and is expected to present the full plan to the Board of Supervisors next month.


A JAZZ SINGER’S MUSIC THERAPY CLASS LIFTS SPIRITS OF WOMEN LOCKED IN SAN FRANCISCO JAIL

After singing three songs to an extremely appreciative crowd of women housed in the San Francisco County Jail last year, cultural anthropologist and jazz singer, Naima Shalhoub, formed a weekly music therapy class to bring a little happiness and hope to the inmates.

The SF Chronicle’s Carolyne Zinko has the story. It’s behind a paywall, but here are some clips:

You don’t need a master’s degree to know that jail inmates are lonely, but during the past year, cultural anthropologist Naima Shalhoub has seen it doesn’t take much, or cost much, to make them feel less isolated and sad.

The difference between happy and unhappy just might be eight minutes. That’s the time it took for Shalhoub, also a jazz artist, to sing three songs on her first visit to a women’s unit at the San Francisco County Jail a year ago, right around Mother’s Day.

“One woman said, ‘I’ve been here two years and this is the happiest I’ve felt,’” she recalled during a visit to the women’s unit on Tuesday. With feedback so powerful, she had to come back, and has taught music therapy classes almost every Friday since.

For this Mother’s Day, Shalhoub went further: She and a four-piece band performed a 45-minute concert in the jail’s E pod on Tuesday, and recorded it before a captive audience of 50 female inmates, a first in the jail’s history.

[SNIP]

“Even though it’s not much to bring music on the inside, it’s a way to learn the day-in, day-out on the inside in the lives of women, and to intervene in their isolation and confinement,” Shalhoub said. “Dreaming about other systems that are restorative is what fuels my passion for this work.”


HOW MUCH COULD CALIFORNIA SAVE BY EXPANDING ACCESS TO PRE-K?

There are 31,500 4-year-olds from low-income households in California that don’t have access to public preschool.

Providing preschool to 31,500 kids—which was included in Governor Jerry Brown’s 2014-15 Budget Act—could save California $820 million per year (at $26,000 per child), according to a new report by ReadyNation.

Heres a clip from ReadyNation:

Long-term savings are substantial. An independent cost-benefit analysis of more than 20 different studies of high-quality state and local preschool programs by the Washington State Institute for Public Policy found that providing high-quality early childhood education can have, on average, a net return of over $26,000 for every child served.

These savings result from fewer placements in special education, less grade repetition, increased lifetime earnings thanks to higher graduation rates, more income taxes collected from those earnings, reduced health care costs, and decreased crime.

In keeping with the promise in the 2014-15 Budget Act, an estimated additional 31,500 preschool slots are needed in order to provide early learning for all low-income 4-year-olds in California. Applying the estimated $26,000 in lifetime net savings per child served by preschool means that serving these children in California would result in savings to our state of close to $820 million for each graduating preschool class.

“When it comes to early education for at-risk youth, the research is clear: investing in our youngest learners now will pay big dividends in the future,” said Moreen Lane, Deputy Director of READYNATION California. “Hopefully, our state legislators and the Governor will agree and fulfill the promise of least year’s Budget Act to make early education available for all low-income 4-year-olds. Smart investments in preschool would be a solid step for our state economy.”

Posted in District Attorney, Edmund G. Brown, Jr. (Jerry), Education, Innocence, LA County Board of Supervisors, LAPD, LASD, mental health, racial justice | 5 Comments »

Loretta Lynch, Baltimore, and Two Important Decisions Before the LA County Supes…and More

April 28th, 2015 by Taylor Walker

LORETTA LYNCH SWORN IN AS 83RD US ATTORNEY GENERAL

On Monday, Loretta Lynch was sworn in as the first female US Attorney General. Lynch replaced Eric Holder, who was the first black Attorney General.

Here are a few clips from AG Lynch’s speech at the Justice Department:

…my mother, who could not be here today but is never far from my thoughts or my heart. She grew up in a world where she was always told what she could not do or could not be, but always knew in her heart that she could soar. She did what would have seemed impossible in the small North Carolina town of her youth. She raised a daughter whom she always told, whatever the dream, whether lawyer, prosecutor or even Attorney General, “of course you can.”

[SNIP]

Because I am here to tell you, if a little girl from North Carolina who used to tell her grandfather in the fields to lift her up on the back of his mule, so she could see “way up high, Granddaddy,” can become the chief law enforcement officer of the United States of America, then we can do anything.

We can imbue our criminal justice system with both strength and fairness, for the protection of both the needs of victims and the rights of all. We can restore trust and faith both in our laws and in those of us who enforce them. We can protect the most vulnerable among us from the scourge of modern-day slavery – so antithetical to the values forged in blood in this country. [my ital] We can protect the growing cyber world. We can give those in our care both protection from terrorism and the security of their civil liberties. We will do this as we have accomplished all things both great and small – working together, moving forward, and using justice as our compass.

I cannot wait to begin that journey.

But while Vice President Joe Biden was swearing Lynch in, the turbulent situation in Baltimore, MD further deteriorated.

This afternoon, the new Attorney General issued a statement on the riots, urging Baltimore citizens to put an end to the violence.

Here’s a clip:

“I condemn the senseless acts of violence by some individuals in Baltimore that have resulted in harm to law enforcement officers, destruction of property and a shattering of the peace in the city of Baltimore. Those who commit violent actions, ostensibly in protest of the death of Freddie Gray, do a disservice to his family, to his loved ones, and to legitimate peaceful protestors who are working to improve their community for all its residents.

“The Department of Justice stands ready to provide any assistance that might be helpful. The Civil Rights Division and the FBI have an ongoing, independent criminal civil rights investigation into the tragic death of Mr. Gray…

“As our investigative process continues, I strongly urge every member of the Baltimore community to adhere to the principles of nonviolence. In the days ahead, I intend to work with leaders throughout Baltimore to ensure that we can protect the security and civil rights of all residents. And I will bring the full resources of the Department of Justice to bear in protecting those under threat, investigating wrongdoing, and securing an end to violence.”


BALTIMORE RIOTS: WHAT’S BEHIND THE VIOLENCE

To keep track of the latest developments in Baltimore, the Baltimore Sun has a live update feed.

The New Yorker’s Jelani Cobb writes about the complex weave of underlying causes that led to Monday’s violence. Here’s a clip:

The sliver of hope that Baltimore might not fully teeter into bedlam went up along with the neighborhood CVS, the police vehicles, and the buildings that were ignited on Monday. The day began with a plea for a moratorium on protests from Fredricka Gray, Freddie Gray’s twin sister, so that her family might bury her brother in peace. But by the afternoon, there was no peace for Gray’s family, nor any other in the city. On Monday afternoon, the governor of Maryland issued a state of emergency. Flyers for a Saturday rally issued by the Black Lawyers for Justice urged protestors to “shut the city down.” Two days later, the city is a theater of outrage. The flames leaping into the sky underscored a crucial concern: if the pleas from Freddie Gray’s family could not forestall violence in the streets of Baltimore, the difficult question will be what can prevent more of it.

The Atlantic’s Conor Friedersdorf shines a light on a pile of underreported police department abuses that fueled the Baltimore protests (and now, the riots). In one instance, a cop allegedly beat an 87-year-old woman while she tried to help her 11-year-old grandson who had been shot. Another cop allegedly tased a hospitalized meningitis patient to death.

Here are some clips, but read the rest of Friedersdorf’s story:

Let’s start with the money.

$5.7 million is the amount the city paid to victims of brutality between 2011 and 2014. And as huge as that figure is, the more staggering number in the article is this one: “Over the past four years, more than 100 people have won court judgments or settlements related to allegations of brutality and civil-rights violations.” What tiny percentage of the unjustly beaten win formal legal judgments?

[SNIP]

There was a murder-suicide, with a policeman killing a firefighter, his girlfriend, and himself. There was a different officer who killed himself in jail after being charged with killing his fiancée. In yet another case, “Abdul Salaam, 36, says he was beaten in July 2013 after a traffic stop by officers Nicholas Chapman and Jorge Bernardez-Ruiz and that he never got a response to his complaint filed with internal affairs,” The Sun reported. “Those officers would be implicated less than three weeks later in the death of 44-year-old Tyrone West while he was in police custody.” Also in 2013, a jury acquitted an off-duty police officer on manslaughter charges after he chased down and killed a 17-year-old boy who may or may not have thrown a rock that thumped harmlessly into his front door.

David Simon, creator of The Wire, former Baltimore Sun reporter, and author also called for an end to the tidal wave of violence in Baltimore.

Here’s a clip from his blog, The Audacity of Despair:

…the anger and the selfishness and the brutality of those claiming the right to violence in Freddie Gray’s name needs to cease. There was real power and potential in the peaceful protests that spoke in Mr. Gray’s name initially, and there was real unity at his homegoing today. But this, now, in the streets, is an affront to that man’s memory and a dimunition of the absolute moral lesson that underlies his unnecessary death.

If you can’t seek redress and demand reform without a brick in your hand, you risk losing this moment for all of us in Baltimore. Turn around. Go home. Please.


LA COUNTY SUPERVISORS LIKELY TO VOTE ON UNIQUE PROGRAM TO PREVENT ABUSE BY HELPING FORMER FOSTER KIDS WITH THEIR OWN KIDS

On Tuesday, the LA County Supervisors are slated to vote on whether to launch and fund a two-year pilot program to prevent intergenerational abuse among foster children who become parents. The program would cost $202,000 and would provide parenting assistance to recently aged-out foster kids who have children of their own (or are expecting). The program, to be run by the non-profit, Imagine L.A., would pair the young parents with five volunteer mentors to help with every day activities like taking kids to sports practice and tutoring.

KPCC’s Rina Palta has more on the proposed pilot program. Here’s a clip:

Harvey Kawasaki of the Department of Children and Family Services said many young adults depend on their parents to help with those kinds of things when they have children of their own. But these youths, who are aging out of foster care, don’t necessarily have that relationship.

“Having a family-mentoring service is creating a surrogate family,” Kawasaki said.

He said the idea is unique in L.A., as most DCFS programs deal with either responding to reports of child abuse or preventing it from reoccurring. This project would target the children of former foster children, something that hasn’t been done before. An estimated 200 foster youth in L.A. County are parents themselves.

“In some sense, this project is trying to test out whether or not this family-mentoring model will prevent intergenerational child abuse,” Kawasaki said.


LA COUNTY SUPERVISORS MAY APPROVE DOJ SETTLEMENT OVER LASD PALMDALE AND LANCASTER DEPARTMENTS’ RACIAL DISCRIMINATION

In 2013, the US Justice Department slammed the Los Angeles Sheriff’s Department with 46 pages of “findings” regarding Lancaster and Palmdale deputies’ alleged systemic racial bias against minorities. The DOJ also ordered the LASD, LA County’s Housing Authority, and the cities of Lancaster and Palmdale, to cough up $12.6 million to pay residents who had allegedly been subject to harassment, discriminatory search and seizure, excessive use of force, and more. (Read the backstory.)

On Tuesday, the LA County Board of Supervisors is expected to approve a settlement with the DOJ. The full details of the proposed settlement are not available, but the Sheriff’s Dept. will reportedly have to compensate those whose rights have been violated and agree to (and comply with) orders regarding excessive force, training, and community relations.

The LA Times’ Abby Sewell has more on expected settlement. Here’s a clip:

The details of the settlement slated for approval Tuesday have not been publicly released, but a county official who spoke on condition of anonymity said the settlement will require the sheriff’s department to comply a list of requirements relating to training, use of force and community engagement. The county will be subject to ongoing monitoring and will be required to collect data to show its progress.

The settlement will also include monetary compensation to people whose rights were found to have been violated, but the amount of that payment has not been released. The justice department initially had demanded that the county and cities of Lancaster and Palmdale pay $12.5 million to residents whose rights were violated.

The official said the county is still working out a separate settlement agreement that will pertain to the Housing Authority. That settlement could include payments to people who lost their housing vouchers as a result of the raids.


JUDGE ORDERS LAPD TO RELEASE CLINTON ALFORD BEATING VIDEO

US Magistrate Judge Alicia Rosenberg ordered the LAPD to release surveillance footage of an officer allegedly kicking 22-year-old Clinton Alford in the head. The video is to be released Wednesday to Alford’s attorney. (Here’s the backstory.)

The LA Times’ Richard Winton has more on the ruling. Here’s a clip:

“Today a judge validated my client’s right to have a copy of the raw video footage of the brutal beating that included him being kicked and hit by members of the Los Angeles Police Department’s Newton Division,” Harper said. “I said six months ago that if Chief [Charlie] Beck were sincere about transparency he would have released the video then. He wouldn’t have made me compel the production of evidence showing what was done to my client.”

Under the order, Harper can pick up the video Wednesday. She said she will have a forensic expert on hand to examine it. A prior order forbids the public release of the video.

[SNIP]

Beck last week acknowledged the public interest in viewing the footage of the Oct. 16 incident, but he said Los Angeles County Dist. Atty. Jackie Lacey “has been very, very clear that she does not want that video out there.” Releasing the footage before the officer’s trial, Beck said, could taint the jury pool or “otherwise interfere” with the case.

Posted in Charlie Beck, Civil Rights, Department of Justice, Foster Care, LA County Board of Supervisors, LAPD, LASD, racial justice | No Comments »

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

April 23rd, 2015 by Celeste Fremon



OBSTRUCTION NOT ALWAYS SO OBSTRUCTIVE AFTER ALL

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

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

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

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

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

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

And there’s this:

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


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

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

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

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

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

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

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

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