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San Jose Veteran Officer Killed by Suicidal Shooter After Answering Call for Help

March 25th, 2015 by Celeste Fremon


When 14-year veteran San Jose police officer Michael Johnson
was fatally shot Tuesday evening, he was responding to a call for help from a family member who reported a despondent drunk man, possibly suicidal, possessing one or more guns.

The SJPD community is reeling as they mourning the loss of a fellow officer who gave his life in the line of duty, on a callout to protect the safety of others.

The San Jose Mercury News has additional details.

Here’s a clip:

San Jose officers were initially called at 6:48 p.m. Tuesday by a female family member who said that [shooting suspect Scott] Dunham was intoxicated, despondent and possibly meant to harm himself or others, {SJPD Chief] Esquivel said. As the officers approached the apartment building on Senter Road and spotted a person on a balcony, they were fired upon without warning.

Police dispatch recordings show that officers told dispatchers they believed the man they were searching for had one or two handguns in the apartment.

At one point, as they approach the apartment, an officer says, “we have movement from the blinds at the apartment.”

An officer calmly reports that a male has stepped out onto the balcony, describing him as having gray hair, a gray mustache and a black T-shirt. Seconds later, the “shots fired” call can be heard, followed almost immediately by the “officer down” call.

Dispatchers immediately called for the area to be secured and put out a citywide call for assistance. Another officer reported that shots were fired at the suspect, and that he possibly “went down as well.” Esquivel confirmed the gunfire exchange and the possibility that Dunham was wounded.

“This person had the nerve, the audacity, to shoot at our officers who were on a call for assistance,” Esquivel said.

An outpouring of grief flowed from both members of the public and law enforcement agencies throughout California and across the nation Tuesday night. Hundreds of social media users sent their condolences to San Jose police through the department’s Twitter account.

WitnessLA joins San Jose in grieving for their brave officer.

Posted in law enforcement, Life in general | 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 »

Prop 47 and Drug Courts, Ex-lifers Mentor Each Other, Prosecutorial Power, and Young Cops and Use of Force

March 17th, 2015 by Taylor Walker

WHY PROP 47 DRASTICALLY REDUCES USE OF DRUG COURTS …AND POSSIBLE SOLUTIONS TO THE PROBLEM

Before Proposition 47 reduced many low-level property and drug-related felonies to misdemeanors, drug courts were a place where people charged with drug crimes could avoid a felony conviction and time behind bars if they completed a rehabilitation process. Those who completed drug court requirements had a much lower chance of reoffending than than if they had instead served out a sentence.

But these drug courts were intended for those who committed felony drug offenses. Because the maximum sentence for a misdemeanor is one year, there is not as much incentive to apply for drug court, or to finish it out, once enrolled.

In LA County, drug court applications are 50% lower than pre-Prop 47 numbers.

There may be ways to resolve this problem, however.

KPCC’s Rina Palta has the story. Here are some clips:

[A former public defender involved with L.A.'s drug courts, Mark] De Wit believes expanding eligibility for drug court could be the answer. And – for those who fail, a gentler sentence at county jail instead of prison.

Another proposal from Loyola Law Professor Eric Miller, include more serious felonies.

Miller admits however that there’s little political appetite for such a move locally, and it would be complex determining who would respond best to different kinds of treatment.

Miller adds that one of the shortcomings of the program already is that drug courts don’t engage in sophisticated enough screening process to weed out people who won’t succeed.

That very quandary has left many who work in this field with complicated feelings. De Wit, for instance, voted for the proposition, but simultaneously criticizes what it has done to drug courts.

And the California District Attorney’s office says a new policy is in the works that will change the qualifications for entering drug court.


FORMER LIFERS MENTOR FORMER LIFERS IN A FOUR-CITY CALIFORNIA PILOT PAROLE PROGRAM

KQED’s Scott Shafer visited a pilot support group in San Francisco through which paroled ex-lifers mentor each other. The participants discuss things like guilt and responsibility, as well as how to live successfully on the outside after spending decades behind bars.

This particular parole program is also being piloted in Los Angeles, as well as Pomona and Sacramento, with hopes to expand with the goal of helping the more than 2,100 paroled ex-lifers in California stay out of prison.

Shafer has more on the program for KQED’s California Report. Here’s a clip:

This meeting is a support group, an experimental peer mentoring program. It’s voluntary and those who come share practical advice, like tips on looking for work and dealing with one “no” after another from employers who just aren’t willing to take a chance on hiring an ex-felon.

One of the men, Steve Monger, said the last thing he wanted to do was work in a fast-food joint. But the rejections kept piling up.

“So me and another lifer, we just went in, we was honest with the guy,” Monger said. “We said we recently got out of prison. I was in 27, he was in 25, and we want a job. We’ll be here on time, we’ll work hard for ya. We don’t steal from ya. We don’t do drugs. You ain’t gotta worry about us. You call us, we’ll be here.”

Taco Bell hired them both. They’ve been working there five months.

Now let’s be clear here — there are plenty of inmates serving life sentences with the possibility of parole who will never, or should never, get out. It’s just too risky. They’re sociopaths, or they don’t show any remorse for what they did.

But over the past few years I’ve interviewed quite a few lifers — in and outside prison. And I’m always surprised at how thoughtful and reflective they are — especially given what they did to land them in prison.

Like Alisha Nolan Taplett. She was living in Sacramento when she got behind the wheel of a car with some friends out to settle a score.

“I was just looking at myself as the driver in the beginning,” she admitted. “Well, I didn’t kill anybody. But at the end of the day and every day, I still have to remind myself if it hadn’t been for me driving that vehicle, that young woman could still be alive.”

I asked Taplett what she’d say to a young person today who finds himself or herself in a situation where they’re being asked to drive a getaway car.

“If someone asks you to drive a car and you know that a homicide is going to take place, maybe you should pick up the phone and call 911,” she said without hesitation. “But that’s one of the things that we fail to do in our communities as well, because we don’t want to be labeled as that snitch. If I don’t save that person’s life by dialing 911, at least I know I tried.”


FOUR WAYS PROSECUTORS CAN MAKE BETTER USE OF THEIR VAST DISCRETIONARY POWER

In an op-ed for the Marshall Project, Brian Elderbroom, senior research associate at the Justice Policy Center at the Urban Institute, and Lauren-Brooke Eisen, senior counsel at Brennan Center’s Justice Program, lay out four reform-minded changes prosecutors can make to the way they wield their prosecutorial authority. (Instead of this way, and this way, for instance.) – links

Here are some clips:

Considering that crime has declined significantly, with violent crime falling by almost half since its peak in 1991, do prosecutors still need the leverage of mandatory minimums and long sentences for even the least serious felony offenses? To what extent have prosecutorial practices contributed to the high incarceration rates that are rallying Democrats and Republicans alike to seek alternatives to prison?

[SNIP]

Campaign rhetoric should more closely match the national dialogue. Based only on DA elections, one wouldn’t know that crime was at historic lows or that members of both political parties are advancing policy reforms that aim to reduce incarceration. Prosecutors still regularly tout their success at securing the longest prison sentences and rarely campaign on the number of people they helped get treatment or avoid harmful incarceration. Instead of promising to pursue increasingly punitive policies, and then advocating for them in state legislatures, prosecutors should focus on expanding proven crime-prevention strategies.

Rather than trying to secure convictions and long sentences, prosecutors should focus on reducing recidivism and overall harm to the community. There is evidence that putting people in prison for longer than necessary can actually increase their propensity to commit crimes. There is also a growing body of research that suggests we have reached a point of diminishing returns with regards to incarceration and that additional increases to imprisonment rates will have no impact on public safety. According to a recent report from the Brennan Center for Justice, prison expansion since 2000 had effectively zero impact on crime rates. Prosecutors are uniquely positioned to create opportunities to improve public safety while also reducing the nation’s incarceration footprint…

States and the federal government should require prosecutors to provide data on their charging, plea bargaining, and sentencing decisions. One way to ensure this outcome is for Congress to incentivize states to participate in a national prosecutor reporting program…


YOUNG OFFICERS USE FORCE, INCLUDING DEADLY FORCE, MORE OFTEN THAN OLDER COPS

There is a growing body of research indicating that younger officers are more likely to be involved in shootings and other uses of force.

The officers who killed Michael Brown, Darren Thomas, Eric Garner, and Tamir Rice were all in their twenties.

A number of law enforcement veterans and experts argue that recruitment ages should be raised, and that officer training should be tailored to the individual, and include stress-management instruction.

Buzzfeed’s Mary Ann Georgantopoulos has this story we didn’t want you to miss. Here’s a clip:

The risk of officer-involved shootings drops as officers age, according to a study conducted by James P. McElvain, formerly of the Riverside County Sheriff’s Department and Loma Linda University and Augustine J. Kposowa of the University of California, Riverside.

The data used in that 2008 study, published in Criminal Justice and Behavior, was collected from McElvain’s department, the 44th largest law enforcement agency in the country at the time. The results match what two researchers found in a 2007 study, published in the same journal, that found that incidents in which officers employ verbal and/or physical force diminished with each year of experience gained by the officer.

Researchers told BuzzFeed News they are not surprised that officers who use excessive, and sometimes lethal, force are young. Studies conducted by academics and police departments alike said age is a factor — one of many, but still a factor — in an officer’s use of deadly force.

Experts who have researched the issue said most people in their young adulthood — from ages 18 to 29 — haven’t developed full maturity of judgment to make, as the Justice Department called it in the Brown shooting analysis, “split-second judgements in circumstances that are tense, uncertain, and rapidly evolving.” (Federal investigators cleared Wilson of criminal wrongdoing this week, calling his account “credible,” but found evidence of discriminatory policing throughout the Ferguson Police Department.)

And police orientations do little to address the emotional needs of future police officers. Across the country, police training includes little to no guidance on the psychological and emotional aspects of using force and stress management, said Maria Haberfeld, chair of the Department of Law, Police Science, and Criminal Justice Administration at John Jay College.

“We place a great deal of responsibility” on young officers, said Tom Nolan, a retired 27-year veteran of the Boston Police Department and current professor of criminology at Merrimack College.

Nolan, who became an officer when he was 22 years old in 1978, said he was overwhelmed when he began the job. “I in no way had the requisite maturity and wisdom,” he said. “I had never held a gun before. It’s a dirty little secret that we’re hiring police officers too young.”

“I was in over my head,” he said about his start. “The tendency for someone that is overwhelmed or fearful is to react with excessive force, and I say that from personal experience.”

Posted in law enforcement, prison, Prosecutors, psychology, Reentry, Rehabilitation | 4 Comments »

DOJ Picks Stockton for Community Policing Pilot, Dorsey Nunn, Pasadena Police Misconduct Audit, and Fullerton’s Homeless Liaison Unit

March 16th, 2015 by Taylor Walker

STOCKTON, CA ONE OF SIX CITIES TO PILOT DOJ’S COMMUNITY POLICING INITIATIVE

Hours after the shooting of two Ferguson officers late last week, the Department of Justice announced the first six pilot cities to take part in the National Initiative for Building Community Trust and Justice, a program meant to help build better relationships between cops and the communities they serve.

The pilot cities included Stockton, California, as well as Minneapolis, MN, Birmingham, AL, Fort Worth, TX, Gary, IN, and Pittsburgh, PA.

Each city will assess their current police-community relations, and apply strategies focusing on implicit bias, procedural justice, and racial reconciliation.

The process will be guided by a panel of criminal justice professionals, experts, and faith-based groups, and advocates, and includes a three-year grant to the John Jay College of Criminal Justice, as well as Yale Law School, UCLA’s Center for Policing Equity, and the Urban Institute.

The Stockton Record’s Jason Anderson has more on the initiative as it relates to Stockton. Here’s a clip:

“The Stockton Police Department is excited that we have been selected as one of six cities to be part of this national initiative,” Stockton Police Chief Eric Jones said. “The men and women of the Stockton Police Department are very committed to building police/community trust within our community.”

City Manager Kurt Wilson lauded Stockton’s selection as a pilot site and praised Jones, who has created a number of community outreach initiatives aimed at easing tensions following a rash of officer-involved shootings in recent years.

“Chief Eric Jones is one of the most respected law enforcement leaders in the country,” Wilson said. “He has been fully engaged locally, statewide and nationally. We are thankful for his leadership, and by his team joining this initiative, we feel it will boost these leading-edge efforts, because some of his evidence-based strategies that are already under way fit into this model.”

[SNIP]

…the program will highlight three areas that hold great promise for concrete, rapid progress: racial reconciliation, procedural justice and implicit bias.

The racial reconciliation component is described as the facilitation of frank conversations between minority communities and law enforcement that allow them to address historic tensions, grievances and misconceptions between them.

The procedural justice element will focus on how the characteristics of law enforcement interactions with the public shape the public’s views of the police, their willingness to obey the law and actual crime rates.

The implicit bias aspect of the initiative will focus on how largely unconscious psychological processes can shape authorities’ actions and lead to racially disparate outcomes even where actual racism is not present.

Pilot sites were chosen based on a list of factors such as geographic diversity, jurisdiction size, ethnic and religious composition, and population density. Also considered were each site’s history of social tensions, level of violence, economic conditions, police department size and historical strategies for addressing procedural justice, implicit bias and racial reconciliation at the local level.


A FORCE TO BE RECKONED WITH: DORSEY NUNN, FROM INMATE TO A CRIMINAL JUSTICE ADVOCATE

Once drug-addicted and sentenced to life with the possibility of parole for being involved in a fatal armed robbery, Dorsey Nunn, is now the co-founder of All of Us or None and executive director of Legal Services for Prisoners With Children in San Francisco. Through these platforms Dorsey takes on monumental projects like fighting jail expansions, solitary confinement, and (successfully) pushing for “ban-the-box” legislation.

The LA Times’ Lee Romney has Dorsey’s remarkable story. Here are some clips:

A decade ago, All of Us or None scored its first victory when Nunn and dozens of others filled the chambers of the San Francisco Board of Supervisors to demand that the box on city employment applications that asks about felony convictions be removed and the question saved for later in the hiring process.

San Francisco’s successful “ban the box” ordinance was the first in the nation, cementing the city’s ultra-left reputation and changing Nunn’s life.

He now had a voice in a debate upon which public safety and billions of taxpayer dollars hinged — one that ignites emotions over such primal questions as retribution versus redemption.

All we wanted was to have a job, be skilled, be trained and be ethical.

Susan Burton, executive director of A New Way of Life, which provides housing to formerly incarcerated women
The California District Attorneys Assn. was among opponents of statewide ban-the-box legislation in 2013, saying “all this bill will do is ensure that local agencies waste public time and resources” screening applicants who “will almost certainly be rejected” once their criminal histories are known.

But the statewide ban also passed, and Nunn is now regularly consulted by national civil rights groups and policymakers. Ban-the-box legislation has been passed in 96 cities and counties and in 13 states led by Republicans and Democrats alike, according to the National Employment Law Project. (Applications for jobs where criminal history is relevant — such as child care or law enforcement — are exempted.)

The voices of those who know the criminal-justice system from the inside have been “absolutely essential,” said Michelle Rodriguez, a senior staff attorney with the employment law project.

The movement dates to March 2003, when Nunn helped convene a crowd of about 40 formerly incarcerated men and women at Oakland’s Center for Third World Development.

They spoke for many: 70 million Americans have an arrest or conviction record, and 725,000 are released yearly from prison to communities where laws, regulations and private sector practices curtail their access to employment, housing, education and even the vote.

“All we wanted was to have a job, be skilled, be trained and be ethical,” recalled Susan Burton, 63, executive director of Los Angeles-based A New Way of Life, which provides housing to formerly incarcerated women and oversees a Southland All of Us or None chapter.

Priorities were listed on butcher paper: jobs, housing, family reunification. “Ban the box” came first.

The group would take its name from a Bertolt Brecht poem.

Slave, who is it who shall free you?/Those in deepest darkness lying,/Comrade, these alone shall see you,/They alone can hear you crying./Comrade only slaves can free you./Everything or nothing. All of us or none.

Thanks in part to All of Us or None’s amateur lobbyists, bills recently signed into law in Sacramento forbid the shackling of pregnant women, remove the prohibition on food stamps for California recipients with drug felonies, and ban the box from all state and local government applications. San Francisco extended ban-the-box practices to private employers and affordable housing, and efforts are underway to expand the ban in Los Angeles and Long Beach.


AUDIT FINDS MISCONDUCT IN PASADENA POLICE DEPARTMENT, NOT ENOUGH TRAINING, OVERSIGHT

An independent audit of the Pasadena Police Department from 2005-2009 found that homicide detectives at the Pasadena Police Department were undertrained and under-supervised, and used questionable interrogation tactics among other misdeeds.

The city requested the audit after the dismissal of a 2007 homicide case during which detectives allegedly threatened and coerced witnesses and withheld evidence.

The audit will be presented to the City Council’s Public Safety Committee today (Monday).

Pasadena-Star News’ Sarah Favot has more on the audit. Here’s a clip:

“Some officers were allowed to operate extremely close to the line of legality with little or no visible oversight from supervisors who either knew or clearly should have been aware of their subordinates’ actions,” the audit said. “These supervisors had a responsibility to the department, their subordinates and the people of Pasadena to correct theses deficiencies, but they did not. Equally important, their managers did not hold them accountable.”

[SNIP]

The Pasadena Police Department has been under heightened scrutiny since the police shooting of Kendrec McDade, an unarmed black teen who officers shot to death on March 24, 2012.

The slaying resulted in city officials paying a $1 million settlement to Anya Slaughter and Kenneth McDade, the boy’s parents.

Local defense attorneys said the department was dirty and pointed to several instances were officers withheld evidence, beat suspects and threatened witnesses.

One of those attorneys, Andrew Stein, said Friday members of the Pasadena Police Department were no better than the gang members they sought to imprison.

“They shouldn’t have a police department,” Stein said. “It’s a farce. It’s a joke. The sheriff’s department should take over the city of Pasadena. … This conduct is not tolerable. It’s wrong and it’s only going to change when some rich, white person in Pasadena has something bad happen to them by these cowboys and then it’ll matter.”

And here’s a handful of other findings:

• When interrogations weren’t recorded, no reason was given and a supervisor wasn’t involved;

• A lack of consistent training in basic detective skills for both detectives and their supervisors;

• Supervisors weren’t involved before cases were brought before a prosecutor or before a search warrant was filed;

• When juvenile informants were used, there was no evidence the Police Department received court approval;

•The Police Department has no signage explaining to members of the public the process of making a personnel complaint;

• Detectives bargained with informants offering to charge lesser crimes for cooperation without supervisory approval…


COMMUNITY POLICING AT WORK: FULLERTON’S HOMELESS LIAISON UNIT BUILDS BETTER RELATIONS BETWEEN COPS AND HOMELESS

In 2011, Fullerton police officers beat Kelly Thomas, a schizophrenic homeless man, to death while he screamed for his father.

Since then, the Fullerton Police Department have made considerable strides, boosting mental health training for officers and increasing their Homeless Liaison Unit from a one-man-show to a team of four. The unit works with a mental health care professional, connects people they meet on the streets with much-needed services, and meets with advocates and other agencies to discuss issues related to homelessness.

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

On a warm afternoon at a Fullerton park, a homeless mentally ill man, rolling his head from side to side, carelessly revealed to a pair of officers that he might have a warrant out for his arrest. But he wasn’t sure.

“Can you check for me?” the man asked.

Fullerton police Cpl. Michael McCaskill held back.

“If I check, it might be bad for you,” he warned. “So I’m going to give you a number where you can check.”

This is the type of work four Fullerton police officers assigned to the department’s Homeless Liaison Unit are doing: building relationships with the homeless and mentally ill people in the city and guiding them to services.

Nearly four years after the brutal police beating death of Kelly Thomas — which sparked a national debate on the treatment by police of the homeless and mentally ill — police here have forged partnerships with homeless advocacy groups to connect the people officers meet on the street with service providers. They also participate in regional meetings with other law enforcement and advocacy groups on homelessness.

The reforms came after a series of reviews and reports — both internal and external — about what happened that night in October 2011.

But Fullerton Police Chief Dan Hughes said Thomas’s death isn’t the only reason the agency has increased its focus on the this vulnerable population.

As Orange County has become more urban, its homeless population has swelled. Hughes said the number of calls police get regarding homelessness in Fullerton has increased from about 1,400 in 2010 to more than 4,000 calls last year. That’s something no police agency could ignore.

“Even though, I don’t believe it is necessarily a police issue, it has been put on our shoulders to deal with,” said Hughes. “And so we’re trying to do that as effectively as we possible can.”

Posted in Department of Justice, Homelessness, law enforcement, mental health, race | 1 Comment »

LAPD’s Mental Evaluation Unit a National Model, Oakland Policing Turnaround, Early Trauma-informed Healthcare…and More

March 10th, 2015 by Taylor Walker

LAPD’S MENTAL EVALUATION UNIT A MODEL TO BE REPLICATED IN LAW ENFORCEMENT AGENCIES NATIONWIDE

The Los Angeles Police Department’s nationally celebrated Mental Evaluation Unit pairs police officers with mental health care professionals into “System-wide Mental Assessment Response Teams” (SMART) to respond to people in the midst of a mental health crisis. The goal is to cut down on police use-of-force incidents and to refer people suffering from mental illness to intervention programs and other services instead of just locking them up.

Altogether, there are 61 officers and detectives and 28 clinicians in the MEU.

The “Case Assessment Management Program,” (CAMP) division of the Mental Evaluation Unit takes on the most challenging cases and has likely saved the LA city and county millions of dollars by diverting the mentally ill from lock-up (with just six two-man teams), according to MEU detective Charles Dempsey.

KPCC’s Stephanie O’Neill has more on the program. Here’s a clip:

The unit, which is the largest and among the oldest mental health policing programs in the nation, is highly regarded by law enforcement and by mental health and civil rights advocates. A 2009 report by the LAPD’s independent federal monitor [who oversaw the consent decree] praised the operation, saying the department “now has the recognized best practice in law enforcement for this subject area,” and is “in the national forefront of this important policing issue.”

“They’re setting a great example for other departments to emulate,” says Jerry Murphy, a criminal justice mental health policy specialist at the Council of State Governments Justice Center. In 2010, that nonprofit organization designated the LAPD one of six national training sites for specialized mental health policing. Since then, the unit has shared its approach with nearly 60 law enforcement agencies throughout the U.S. and with 10 agencies in five other countries.

The Burbank Police Department is among those that have sought training here.

“As it evolved, it got more and more comprehensive,” Michael Albanese, captain of Burbank PD’s patrol division, says of the LAPD’s Mental Evaluation Unit. Albanese says he considers the operation to be “on the leading edge as far as how to manage incidents and/or individuals with mental health disorders.”

Newly elected Los Angeles County Sheriff Jim McDonnell says he, too, is open to considering the LAPD program as model for his department, which has a spotty record when it comes to dealing with the mentally ill. Last month, McDonnell told the 21st Century Policing Task Force in Washington D.C. that in 2013, nearly 40 percent 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.”

For more on the how the program works, read the rest.


THE OAKLAND POLICE DEPARTMENT’S INCREDIBLE (AND LENGTHY) REFORM JOURNEY

Scott Johnson has a not-to-be-missed essay in the March/April issue of Politico Magazine about the Oakland Police Department’s complete about-face from what many called one of the worst departments in the country, to a complete overhaul resulting in dramatic declines in use-of-force incidents and officer-involved shootings.

It has been a hard-won fight. The department officials and officers (including a group of corrupt officers called the Rough Riders) spent years digging their heels in as lawyers John Burris and James Chanin, costly lawsuits, and a consent decree dragged them slowly toward reform.

Very little progress was made for more than a decade until complete federal oversight was on the horizon. The police union settled with Chanin and Burris, allowing the city to appoint a compliance director with the ability to fire officers and officials, including the chief. The compliance director did just that.

Now, with the help of a new chief and steady pressure from Chanin and Burris and the compliance director4`, the OPD has implemented body cameras and taken up community policing. Officers garnered roughly 40% fewer complaints in 2014 over 2013, and greatly reduced their officer-involved shootings.

Here are some clips:

Before Ferguson, there was Oakland. In the fall of 2011, as the Occupy Wall Street movement spread across the country from New York’s Zuccotti Park, Occupy Oakland quickly became one of the biggest protest sites. By early October, demonstrators had set up an encampment in front of City Hall and named the site after Oscar Grant, a 22-year-old who in 2009 had been shot in the back and killed by an officer for BART, the local rail transit system.

Oakland, with a population of roughly 400,000, may sit just across the bay from increasingly glitzy San Francisco, but it can sometimes seem a world away in poverty and race relations. The city had long been known as a stomping ground for radical activists, matched in their aggression by one of the most brutal police forces in the country…

[SNIP]

Although the situation deteriorated steadily in the 1980s and 1990s, it wasn’t until early in this century that a series of disturbing allegations against the police shocked the system into action. The most serious legal troubles began in 2000, when a 21-year-old named Delphine Allen alleged that police brought him to a remote location and beat him while he was in handcuffs; he described being dragged under a freeway overpass and hit repeatedly on the soles of his feet with police batons. The Rough Riders case, as it came to be known, grew to include at least 119 plaintiffs—the vast majority of whom were people of color—all with similar complaints and stories of abuse.

The Riders case eventually resulted in two extensive trials during which four OPD officers were charged with kidnapping, planting evidence and beating witnesses. Of the four, three were acquitted. A fourth officer, Francisco Vasquez, fled the country and is now believed to be in hiding in Mexico; the FBI is searching for him. The more lasting impact of the Riders case, however, is a legal and judicial marathon now in its 12th year that has required the intervention of a district court judge, two outside monitoring teams, a compliance director, six police chiefs, four mayors and tens of millions of dollars in legal fees. The goal of it all has been to reinvent the police department—to prevent another Rough Riders case from ever happening again.

[SNIP]

Chanin and Burris had had enough. In October 2012, the two lawyers filed the necessary papers to put the police department into full federal receivership with Judge Henderson. But before he had a chance to rule, Chanin and Burris finally reached a compromise with the powerful police union, allowing stronger oversight powers. In the settlement, the lawyers agreed to limit their disciplinary action to the top brass of the police department, and in exchange, the union—which represented the rank and file—agreed not to oppose them. The city could now hire a compliance director with the power to fire the chief and his deputies.

Change finally arrived at the top of the Oakland police in the unexpected form of a baby-faced young internal affairs officer named Sean Whent. In May 2013, Chief Howard Jordan had taken early retirement, and all but one person on his command staff was demoted. Then, in early 2014, the judge overseeing the consent decree fired Thomas Frazier, the compliance director he had hired the year before, and gave monitor Robert Warshaw full control over the department. That set the stage for the new chief, 39-year-old Whent, who quickly made it clear that compliance with the consent decree was going to be a priority.

[SNIP]

The new leadership helped, but Chanin and Burris also finally started playing hardball. The department had owned lapel cameras for years but never used them much. Now Chanin said that unless cops began using them more, and more effectively, he would talk to Henderson about “creating a scenario where if you didn’t use a camera, the presumption was that you did what the complainant said you did.” In other words, the cops would be guilty until proven innocent.

Lapel camera usage quickly shot up—exactly the kind of critical reform that President Barack Obama would mention months later in the wake of the Ferguson shooting. There were other changes, too. New training procedures, both in the academy and on the job, stress de-escalation of potentially violent interactions. There are more frontline supervisors deployed in the field, and many officers have started attending a procedural justice course in which community members and police can interact. “It took a few years to adjust and get everybody doing the right thing,” Whent told me. “Now it’s more of an organizational philosophy, and we’ve made it one of the highest priorities.”

Chanin and Burris now say they’ve seen confidential data indicating that complaints against the police have fallen at least 40 percent in the past year. What’s more, the department went nearly two years without an officer-involved shooting from May 2013 until early in February this year. There were no shootings at all in 2014, whereas from 2000 to 2012, there was an average of eight such shootings a year. Two shootings occurred this February. In one, early on the morning of February 7, two Oakland officers responded to a call about a psychiatric crisis and encountered a man who tried to strike them with two golf clubs; the officers fired at him—but didn’t end up injuring the suspect. He was successfully restrained, the officers’ body cameras were on and functioning correctly, and police leaders quickly released detailed information to the public. It really did seem like a corner had been turned.

Despite major policing breakthroughs, the OPD is not quite out of the woods, yet, still turning up data that is indicative of persistent racial bias with regard to who cops stop and who they arrest:

The intersection of race and policing remains tense—even in a city focused closely on reform. On the long list of compliance tasks, only one now remains, and it concerns racial bias: “test 34,” which refers to the “stop data” that police gather after traffic stops, arrests and detentions. Late last year, a study revealed that African-Americans, who make up roughly 28 percent of Oakland’s population, account for about 62 percent of police stops. But the “yield” from those stops—the amount of contraband—was no higher for African-Americans than any other group. “It means a large number of African-Americans are being stopped and searched without any recovery,” Burris says. “We’re trying to get to the roots of that because the mandate is to reduce racial profiling.”


A PEDIATRICIAN AND A PRENATAL CARE PROGRAM TAKING THEIR PATIENTS’ ACES INTO CONSIDERATION TO PROVIDE TRAUMA-INFORMED CARE

As part of an NPR health series, Laura Starecheski tells of a pediatrician and a community clinic in Philadelphia that are successfully incorporating trauma-informed healthcare into their practices. (We pointed to Starecheski’s previous, related story as well as an ACEs test you can take, here.)

At Cobbs Creek Clinic in West Philly, Dr. Roy Wade measures his young patients’ Adverse Childhood Experiences to see the broader picture, trauma and toxic stress, at home and elsewhere, adversely affecting kids health and well-being.

And the Stephen and Sandra Sheller 11th Street Family Health Services Center in North Philly has expecting parents answer an ACE questionnaire to better help parents end the trauma cycle.

Here are some clips:

Wade is working on his own screening tool, a short list of questions that would give every young patient at the clinic an “adversity score.” The list will include indicators of abuse and neglect (which pediatricians already are on the lookout for) and also check for signs of poverty, racial discrimination or bullying.

Wade wants to take action because research suggests that the stress of a tough childhood can raise the risk for later disease, mental illness and addiction. The American Academy of Pediatrics put out a call in 2011 to doctors to address what the Academy characterizes as “toxic stress” among young patients.

Of course, not every kid with a rough childhood will suffer long-term effects. But asking every patient (or their parents) about adversity in their lives, Wade says, could help identify the kids who are at higher risk.

If a patient has a high adversity score, Wade says, he’s likely to track the child’s development more closely. “That’ll be the kid where I’ll say, ‘Come back to me in three months, or two months,’ ” he says. ” ‘Let’s see how you’re doing. Let’s check in.’ ”

Take 11-year-old Tavestsiar Fullard. When I met Tavestsiar at the Cobbs Creek Clinic last summer, he smiled with shy excitement about starting middle school, and told stories about his new puppy, Midnight. But just a few years ago, he was a very different kid.

“He wouldn’t talk,” says Tavestsiar’s dad, Silvester Fullard. “He didn’t want to be around other kids. If you’d just say something, he’d go into a little shell.”…

[SNIP]

It’s easy from that launching pad to start talking with the adults about their own smoking, or drinking, Wade says. “Instead of looking at the parent, you say, ‘Well, these are the impacts that [your smoking or drinking] could have on your kid.’ It helps you address an array of different problems within a family.”

So how early can you start? At Tavestsiar’s age? Or even earlier — age 5 or 6?

Across town, at a community clinic in North Philly — the Stephen and Sandra Sheller 11th Street Family Health Services Center — the staff is determined to start even earlier than that…


SAN DIEGO #1 IN TEN BIGGEST CITIES FOR FEWEST MURDERS PER CAPITA

In 2014, San Diego had the lowest homicide rate—2.4 murders per 100,000 residents—out of the ten biggest cities in the United States. This is the fourth year San Diego has claimed the title.

(Los Angeles is number four with 6.7 homicides per 100,000, trailing after San Jose and New York with 3.2 and 4.0 respectively.)

The San Diego Police Department’s community policing efforts have been named as having the largest effect on the low murder rate, in addition to better medical care, advanced policing methods, and less gang violence.

U-T San Diego’s Lyndsay Winkley and Michelle Gilchrist have more on the numbers. Here’s a clip:

The department investigated 32 homicides, down from 39, giving San Diego, the eighth largest city in the nation, a murder rate of 2.4 killings per 100,000 residents, according to data compiled by U-T San Diego.

By comparison, Phoenix, which has a slightly larger population than San Diego, had a murder rate of 7.7 per 100,000, while San Antonio, another city of similar size, had a rate of 7.3. Philadelphia had the highest rate of the nation’s ten top cities, with 16 killings for every 100,000 residents.

Those closest to the department’s homicide investigations credit a continued drop in gang violence for fewer slayings, but no factor gets more credit than community policing.

San Diego police homicide Lt. Paul Rorrison said it is contributor No. 1 to the city’s low count.

“It’s directly related to the fact that homicides are down so low,” he said. “… It’s been huge.”

Community policing hinges on departments forging close relationships with the communities they serve. It took hold in San Diego in the early ’90s, around the time homicides across the nation started to decline…

Posted in ACEs, LAPD, law enforcement, mental health, Trauma | 2 Comments »

Homeboy’s New Digs, Appealing Compassionate Release Denials, Today’s Faces of Civil Rights…and More

March 9th, 2015 by Taylor Walker

HOMEBOY SPREADS INTO NEW BUILDING TO RAMP UP SERVICES FOR FORMER GANG MEMBERS

Homeboy Industries—the gang recovery program founded by Father Greg Boyle that, for over 25 years, has helped thousands of men and women find healthy alternatives to gang life—has bought a much-needed new building that will add 6,000 square feet of space in which to provide employment, job training, and other crucial services.

Homeboy’s financial situation is on the upswing after a drastic downsizing in 2010, but the program still only receives 2% of their budget from government money.

The LA Times’ Brittny Mejia has the story. Here are some clips:

The desperately needed new space will provide welcome relief and allow Homeboy to provide better services to existing clients, said Thomas Vozzo, Homeboy’s chief executive. In addition to job training and counseling, Homeboy provides mental health services as well as job placement, tattoo removal and educational services.

“With that steady financial footing we’ve been on over the last couple of years, it’s time to take on a little bit of an expansion,” Vozzo said.

For all the praise Homeboy Industries has received for its work, it has struggled to raise revenue. The recession saw private donations drop, and the number of jobs available for graduates of Homeboy’s various programs declined.

Boyle conceded that he had to think more like a businessman.

Homeboy’s board of directors has raised $10 million in each of the last two years through individual donors and foundations and has even managed to build up a reserve. Homeboy also has received a $600,000 line of credit and a $700,000 loan for the new building acquisition through Wells Fargo.

But the expansion doesn’t reduce the need for funds — the program receives less than 2% in government funding, Vozzo said. More space, for example, doesn’t necessarily translate into being able to serve more trainees.

“By getting that one building there, it’s not going to allow us to have more people in our program, it’s just going to allow us to do a better job of providing them services in a better environment,” Vozzo said.

Homeboy Industries is planning a grand opening for the new building in April, with the full facility occupied in May. The goal is to eventually take over a whole city block in Chinatown, where the organization can construct a larger building and provide more services to more people, Vozzo added.

For now, employees and volunteers are forced to get creative with space…


CALIFORNIA HIGH COURT SEZ INMATES CAN APPEAL WHEN THEY ARE DENIED COMPASSIONATE RELEASE

Late last week, the California Supreme Court unanimously ruled that state prisoners with terminal illnesses could appeal a judge’s decision to deny them compassionate release. The decision overturned a lower court decision that only the California Department of Corrections and Rehabilitation could appeal a denial of the state parole board’s recommendation of a prisoner for medical parole.

The Associated Press has more on the decision. Here’s a clip:

A few dozen inmates were recommended for a release annually between 1991 and 2009, according to statistics filed with the court by the prisoner advocacy group Justice Now. In an effort to ease prison overcrowding and cut costs, state lawmakers have made more incapacitated and ill inmates eligible for early release.

The ruling was made in the case of James Alden Loper, a San Diego man sentenced to six years in prison for insurance fraud in 2011. The next year, the California Department of Corrections and Rehabilitation recommended he be released because of health reasons, including incurable heart disease.

But a San Diego judge refused to let the agency release Loper after a prison doctor testified that it was unclear how long Loper had left to live…


FIFTY YEARS LATER, THE CIVIL RIGHTS ADVOCATES FIGHTING FOR EQUALITY STILL MISSING IN THE UNITED STATES

Here are three things out of the coverage of the 50th anniversary of the “Bloody Sunday” march for voting rights that we didn’t want you to miss…

The LA Times’ Matt Pearce and Kurtis Lee have a group of profiles on this era’s newly emerging civil rights leaders. The list includes Michelle Alexander, the author of the New Jim Crow, Susan Burton, founder of A New Way of Life, Patrisse Cullors of Dignity and Power Now (and #BlackLivesMatter), Bryan Stevenson, MacAurthur “Genius” and founder of the Equal Justice Initiative, and Fania Davis, founder of Restorative Justice for Oakland Youth, as well as heavy hitters in immigration reform and LGBTQ rights.

Here are clips from two of the profiles, but do go read the rest:

Patrisse Cullors
CO-FOUNDER OF #BLACKLIVESMATTER
AGE: 31
LOS ANGELES

A self-described “freedom fighter” and “wife of Harriet Tubman,” Cullors founded the group Dignity and Power Now in 2012 to battle for law enforcement reform in Los Angeles County. Cullors came up with the #BlackLivesMatter hashtag after George Zimmerman was found not guilty in 2013 of criminal charges for fatally shooting Trayvon Martin. The #BlackLivesMatter social media campaign she helped foster caught on in Ferguson, Mo., after the death of Michael Brown in 2014 at the hands of a police officer.

“This post-racial Obama era has sort of bamboozled a lot of us into thinking that we’ve come much further than we actually have,” Cullors told California Sunday recently, explaining the significance of the #BlackLivesMatter message. “Obviously we haven’t had enough both talk and practice around what it means to save black lives, because we keep dying. We need to stop being fearful of talking about ourselves.”

Bryan Stevenson
FOUNDER AND EXECUTIVE DIRECTOR, EQUAL JUSTICE INITIATIVE
AGE: 55
MONTGOMERY, ALA.

Stevenson belongs to a wave of civil rights advocates who focus on prison reform. A MacArthur “genius” grant winner and a Harvard Law School and Harvard Kennedy School of Government graduate, Stevenson and the Equal Justice Initiative represent death-row prisoners in the Deep South and advocate on behalf of young or poor prisoners. His 2012 TED talk in Long Beach, titled, “We Need to Talk About an Injustice,” has been watched more than 2 million times.

“We have a system of justice in this country that treats you much better if you’re rich and guilty than if you’re poor and innocent,” Stevenson said in the talk. “Wealth, not culpability, shapes outcomes. And yet, we seem to be very comfortable. The politics of fear and anger have made us believe that these are problems that are not our problems. We’ve been disconnected.”


WHY BLACK AMERICANS ARE AFRAID OF THE POLICE

Nikole Hannah-Jones has a thought-provoking essay in the March/April issue of Politico Magazine illustrating the rift between black Americans and white Americans on the subject of the cops who are supposed to “protect and serve,” but often instead stop-and-frisk, harass and detain, and even kill black Americans at highly disproportionate rates.

Here’s how it opens:

Last July 4, my family and I went to Long Island to celebrate the holiday with a friend and her family. After eating some barbecue, a group of us decided to take a walk along the ocean. The mood on the beach that day was festive. Music from a nearby party pulsed through the haze of sizzling meat. Lovers strolled hand in hand. Giggling children chased each other along the boardwalk.

Most of the foot traffic was heading in one direction, but then two teenage girls came toward us, moving stiffly against the flow, both of them looking nervously to their right. “He’s got a gun,” one of them said in a low voice.

I turned my gaze to follow theirs, and was clasping my 4-year-old daughter’s hand when a young man extended his arm and fired off multiple shots along the busy street running parallel to the boardwalk. Snatching my daughter up into my arms, I joined the throng of screaming revelers running away from the gunfire and toward the water.

The shots stopped as quickly as they had started. The man disappeared between some buildings. Chest heaving, hands shaking, I tried to calm my crying daughter, while my husband, friends and I all looked at one another in breathless disbelief. I turned to check on Hunter, a high school intern from Oregon who was staying with my family for a few weeks, but she was on the phone.

“Someone was just shooting on the beach,” she said, between gulps of air, to the person on the line.

Unable to imagine whom she would be calling at that moment, I asked her, somewhat indignantly, if she couldn’t have waited until we got to safety before calling her mom.

“No,” she said. “I am talking to the police.”

My friends and I locked eyes in stunned silence. Between the four adults, we hold six degrees. Three of us are journalists. And not one of us had thought to call the police. We had not even considered it.

We also are all black. And without realizing it, in that moment, each of us had made a set of calculations, an instantaneous weighing of the pros and cons.

As far as we could tell, no one had been hurt. The shooter was long gone, and we had seen the back of him for only a second or two. On the other hand, calling the police posed considerable risks. It carried the very real possibility of inviting disrespect, even physical harm. We had seen witnesses treated like suspects, and knew how quickly black people calling the police for help could wind up cuffed in the back of a squad car. Some of us knew of black professionals who’d had guns drawn on them for no reason.


CONGRESSMAN JOHN LEWIS TWEETS HIS PERSONAL EXPERIENCES AND PHOTOS OF BLOODY SUNDAY

By the way, Congressman John Lewis live-tweeted Bloody Sunday anniversary with his own memories and photos from the march. We highly recommend reading through them.

Posted in California Supreme Court, CDCR, Civil Rights, Homeboy Industries, law enforcement, racial justice | No Comments »

Are LA’s Foster Care & Juvie Justice Kids Being Over Drugged?….When Experts Recant in Criminal Cases….The Flawed Science of Bite Mark Evidence…..TAL’s Series: “Cops See Things Differently”

February 17th, 2015 by Celeste Fremon



As you know, we’ve been following San Jose Mercury News reporter Karen de Sá’s important series on over drugging in California foster care system.

Then, late on Tuesday, the LA Times’ Garrett Therolf reported that the kids overseen by LA County’s juvenile probation system plus LA County’s foster care children are being drugged in greater numbers than was originally thought.

Here’s are some clips from Therolf’s story:

Los Angeles County officials are allowing the use of powerful psychiatric drugs on far more children in the juvenile delinquency and foster care systems than they had previously acknowledged, according to data obtained by The Times through a Public Records Act request.

The newly unearthed figures show that Los Angeles County’s 2013 accounting failed to report almost one in three cases of children on the drugs while in foster care or the custody of the delinquency system.

The data show that along with the 2,300 previously acknowledged cases, an additional 540 foster children and 516 children in the delinquency system were given the drugs. There are 18,000 foster children and 1,000 youth in the juvenile delinquency* system altogether.

If we are reading this right, that means that more than half of LA County’s kids in the juvenile justice system are being given psychotropic medications. Is that possible?

State law requires a judge’s approval before the medication can be administered to children under the custody of the courts, but a preliminary review showed no such approval in the newly discovered cases.

Child advocates and state lawmakers have long argued that such medications are routinely overprescribed, often because caretakers are eager to make children more docile and easy to manage — even when there’s no medical need.

We’ll get back to you as we know more on this disturbing issue.


NEW CALIFORNIA LAW HELPS IN CASES WHEN EXPERTS REVERSE TESTIMONY

A new California law, which took affect in January, makes it easier to get a case overturned when experts recant. But will it help the man whose case inspired the law?

Sudhin Thanawala of the AP has the story.

Here’s a clip:

This much is not in dispute. William Richards’ wife, Pamela, was strangled and her skull smashed in the summer of 1993. A California jury convicted Richards of the slaying after hearing now-recanted bite-mark testimony.

But California judges have disagreed about whether that change in testimony was grounds for tossing Richards’ conviction. Now, almost two decades after Richards was sentenced to 25 years to life in prison, his attorneys are hopeful a new state law inspired by his case will set him free.

The law, which took effect in January, makes it easier for a defendant to get a conviction overturned when experts recant their testimony. It prompted attorneys for the 65-year-old Richards, who has always maintained his innocence, to again ask the California Supreme Court to throw out a jury’s guilty verdict.

Legal experts say the law will impact a wide variety of cases where experts later have second thoughts about their testimony. And it gives attorneys fighting to exonerate their clients an important new tool.

“More and more, experts are reconsidering their opinion not because they have pangs of guilt, but because in fact the science changes,” said Laurie Levenson, a criminal law professor at Loyola Law School. “You want a legal system that recognizes that reality.”

A San Bernardino County jury convicted Richards in 1997 of first-degree murder following expert testimony that a mark on his wife’s hand was consistent with a unique feature of Richards’ teeth. That expert, a forensic dentist, later recanted, saying he was no longer sure the injury was even a bite mark.


AND WHILE WE’RE ON THE SUBJECT OF THE SCIENCE OF BITE MARK MATCHING….

According to the Innocence Project, 24 people have been exonerated after they were either convicted or arrested because of the analysis of a bite mark analyst.

Director of special litigation for the Innocence Project, Chris Fabricant, who specializes in bite mark evidence, estimates that there are still hundreds of people in prison today due to bite mark testimony, including at least 15 awaiting execution, writes the Washington Post’s Radley Balko.

Balko’s story on the flawed “science” of bite-mark matching, and those who still go to great lengths to defend it, is both important and alarming.

Here’s how it opens:

Before he left the courtroom, Gerard Richardson made his mother a promise. “I told her that one day she’d see me walk out of that building a free man,” he says.

Her response nearly broke him. “She said, ‘Gerard, I’ll be dead by then.’”

Richardson, then 30, had just been convicted for the murder of 19-year-old Monica Reyes, whose half-naked body was found in a roadside ditch in Bernards Township, N.J. The year was 1995, and Richardson had just been sentenced to 30 years in prison.

There were only two pieces of evidence implicating him. One was a statement from Reyes’s boyfriend, who claimed to have heard Richardson threaten to kill her. But that statement was made only after police had shown the boyfriend the second piece of evidence: a finding from a forensic odontologist that a bite mark found on Reyes’s body was a match to Richardson’s teeth. Dr. Ira Titunik, the bite mark expert for the prosecution, would later tell jurors there was “no question in my mind” that Richardson had bitten Reyes.

“I thought it was crazy,” Richardson says. “There was no way it was possible. The FBI looked at hairs, fibers, blood, everything the police found at the crime scene. None of it came from me. Just this bite mark.”

Two decades later, DNA technology was good enough to test the tiny amount of saliva in the bite found on Monica Reyes body, resulting in the overturning of Richardson’s conviction.

Here’s Part 2 of Balko’s series on bite mark evidence telling how the bite mark matchers went on the attack when subjected to scientific scrutiny as American courts across the country welcomed bite mark evidence


THIS AMERICAN LIFE TAKES ON THE DIVIDE IN AMERICA ABOUT POLICING AND RACE

After the conflicts caused by events in Ferguson, along with the death of Eric Garner in New York, and other controversial shootings by police, Ira Glass and the producers of This American Life noted that there seemed to be a huge divide in the nation about how people view the issue of race and policing.

The TAL producers originally intended to a single show on the issue of these intense differences in views. But they ran across so many relevant stories, that they devoted two shows to the complex tales that they found.

In the first episode This American Life looks at one police department—in Milwaukee-–which had a long history of tension with black residents, and a chief of police committed to changing things. But although some things change, others do not. And nothing is simple. When an unarmed black man is killed by police in controversial circumstances, the battle lines form, and the two groups opposing groups agree on only one thing: they want the chief out.

By the show’s end, we glimpse change in Milwaukee, yet it comes not in steps, but in inches.

A week later, in the second hour of stories about policing and race, This American Life reporters tell about one city where relations between police and black residents went terribly, and another city where they seem to be improving remarkably.

We highly recommend both programs. They are designed to start conversations.

Posted in children and adolescents, FBI, Foster Care, How Appealing, Innocence, juvenile justice, law enforcement, Probation, race, racial justice | No Comments »

Erroneous Convictions for Less Serious Crimes….SCOTUS, Alabama, and Gay Marriage….Loretta Lynch….and Efforts to Reduce Racial Tension Between Cops and Communities

February 10th, 2015 by Taylor Walker

WRONGFUL CONVICTIONS FOR LOWER-LEVEL CRIMES FALL THROUGH THE CRACKS

The Crime Report’s David Krajicek has an outstanding longread about the lower-priority wrongful convictions that fly under the radar while innocence groups zero in on people serving life sentences, or those on death row.

While no one truly knows the scope of wrongful convictions in America, experts feel certain that each year, thousands of people receive undeserved convictions for lower-level crimes, like robbery and assault, without ever being exonerated. The wrongfully convicted in this category will likely take plea deals, serve their time, and forgo hiring an expensive lawyer to fight for their exculpation.

And, when innocence groups win exonerations for murder (and rape) convictions, it is, more often than not, through new DNA testing. Unfortunately, DNA evidence is rarely collected or tested for more minor crimes. It makes more sense for lifers and those on death row to be given priority, not just because of the severity of the punishment, but because it usually takes more than five years to prove innocence. People convicted of lower-level offenses generally will not serve that much time behind bars.

Here’s the opening of Krajicek’s multilayered project (we recommend reading all of the side stories, if you can):

When Rachel Jernigan was falsely accused of robbing a Gilbert, Ariz., bank 15 years ago, she expected the American criminal justice system to do the right thing.

“They tried to get me to plead guilty,” Jernigan says. “They told me they were going to give me 27 years (in prison). But I said I’m not going to plead guilty for something I didn’t do. I really believed I was going to come home from my trial. I was shocked when the jury found me guilty.”

Sentenced to 14 years, she spent more than seven years in prison before the real robber was identified by Jernigan’s determination and a fluke twist.

“If it can happen to me,” Jernigan says, “it can happen to anyone.”

And it does.

In a sense, Jernigan was a lucky exception.

Experts believe that thousands of people are wrongfully convicted each year in America for the types of crimes that Jernigan was charged with—second-tier felonies like robbery, burglary and assault. And when misdemeanors and driving infractions are included, the number of flawed convictions increases exponentially.

Yet only a tiny fraction of these cases are ever exposed. The cadre of criminologists and law professors who study wrongful convictions regard these missing exonerations as one of the great mysteries of American criminal justice.

Many believe the victims are likely the low-hanging fruit of the justice machine, poor men and women who don’t have the wherewithal to pursue justice.

They likely do what Jernigan was not willing to do: suck it up and accept a plea deal.

“My own somewhat unstudied, seat-of-the-pants estimation is that a lot of working-class folks are probably pretty cynical about the world,” says Marvin Zalman of Wayne State University, a leading wrongful convictions scholar. “And I think that when they get convicted of relatively minor stuff where they didn’t do anything wrong, they just chalk it up to a bad experience, do their time, and simply move on.”

Most who are convicted of minor crimes are unlikely to pony up a retainer—typically $25,000 or much more—to hire a lawyer to seek justice. Nor can they expect help from the community of innocence advocates, who focus on cases where DNA can provide irrefutable evidence of innocence—usually homicides and rapes.

“Unfortunately, the Innocence Project would never take cases like these,” says Mitchell Beers, a South Florida criminal defense attorney who won an assault exoneration in 2006.

About 6,000 people a year ask for help from the Innocence Project, a network of about 65 largely autonomous organizations. It has about 250 active cases at any given time, and nearly all of them focus on DNA evidence, says spokesman Paul Cates.

“We are still very committed to taking cases where DNA evidence is available to prove innocence,” says Cates. “That might change at some point down the road, but the thinking is that DNA is still kind of the gold standard in proving innocence.”

The Innocence Project has had a role in 325 exonerations since it was founded in 1992; just eight of them did not involve DNA cases: four home invasions, three car carjackings and one robbery…

Biological evidence is collected in just one of five crimes, nearly all of them murders or rapes. A 2010 study for the National Institute of Justice said fewer than 10 percent cent of assaults, burglaries and robberies had physical evidence examined in crime labs, compared with 81 percent for murders.

So how vast is the trove of undiscovered wrongful convictions? No one knows for sure, because there is little empirical evidence. Zalman calls wrongful convictions “one of the most remarkably loose areas of analysis in the criminal justice field.”

As Sam Gross, a University of Michigan law professor and editor of the National Registry of Exonerations, has written, “The fundamental problem with false convictions is also one of their defining features: they are hidden from view…”


US SUPREME COURT GIVES GO AHEAD FOR GAY MARRIAGES IN ALABAMA, POINTS TO FUTURE HIGH COURT DECISION

In a meaningful 7-2 ruling that shut down Alabama Supreme Court Chief Justice Roy Moore’s eleventh-hour attempt to suspend gay marriage for Alabamians, the US Supreme Court may have indicated which way the justices will rule when they hear four gay marriage cases this spring.

The New Yorker’s Amy Davidsonhas the story. Here’s a clip:

The Supreme Court has stopped the efforts of Justice Roy Moore, the chief judge of the Alabama Supreme Court, to stand in the wedding aisle and block the marriages of same-sex couples in his state. There was no case on marriage before Moore; he had intervened, loudly, when U.S. District Judge Callie V. S. Granade, whose courtroom is in Mobile, ruled that the state’s anti-marriage laws were unconstitutional. Her ruling was stayed, but only until Monday morning. That, apparently, made Moore angry. First, he said that probate judges didn’t have to abide by the federal decision if they didn’t want to—a remarkable stance in itself. Then, when it seemed that judges might not turn away loving couples, he issued an order declaring that they were forbidden to respect the decision. The Alabama Attorney General asked for an emergency stay from the Supreme Court, saying that the state would be irreparably harmed if couples went ahead and married. The Court turned them down. By noon on Monday, news reports were full of pictures of people holding bouquets, bearing rings, and kissing their new spouses. [Update, 6:30 P.M., Monday: By the end of the business day, probate judges in more than a dozen of Alabama’s sixty-seven counties had issued same-sex marriage licenses; many others, though, denied them, only took applications, or closed their doors entirely.]

The Supreme Court’s decision was important on a number of counts. First, for the families of Alabama that have been denied the protection and respect that comes with marriage. Second, it is a strong sign that the Court, which is set to hear arguments this spring on whether there is a fifty-state constitutional right to same-sex marriage, knows where it is headed, and it is in the direction of equality. (The order was accompanied by a dissent signed only by Justices Antonin Scalia and Clarence Thomas, whose main argument was that the Court should allow states to wait for its final ruling on “this important constitutional question.”) Third, it made it clear that there is a definite federal interest in the marriage issue.


BILLS DRAFTED ACROSS THE NATION AFTER DEATHS OF UNARMED BLACK MEN

In the aftermath of a spate of controversial killings by police officers of unarmed black men (Michael Brown, Eric Garner, Ezell Ford, and 12-year-old Tamir Rice), bills have cropped up in at least thirteen states to increase law enforcement transparency and improve police-community relations. Efforts include bipartisan bills to put body cameras on cops and proposed changes to the way deaths at the hands of cops are recorded.

The Washington Post’s Reid Wilson has more on the issue. Here’s a clip:

“There is a concrete coherent legislative agenda that we are pushing for,” said Cornell Brooks, president and chief executive of the NAACP. “We’ve been doing this from state capital to state capital, as well as here in Washington, D.C.”

Some of the proposed responses have bipartisan support. In other cases, familiar partisan divides between Republicans and Democrats, and civil rights groups and police organizations, are emerging and slowing down legislative action.

Those partisan fissures are exacerbated by events beyond Ferguson, Staten Island and Cleveland. In Albuquerque, N.M., two officers were charged last month with first-degree murder in the 2014 shooting of a homeless, mentally ill man who had been camping illegally. In Springfield, Mo., a police officer was shot in the head while on patrol; he suffered career-ending injuries.

“Our citizens deserve to be and feel safe, and our law enforcement deserve our respect and support,” said Missouri Rep. Lincoln Hough (R). “I say all that to illustrate the complexity of these issues. There is not a one size fits all approach to this issue.”

Brooks and other civil rights leaders have vowed 2015 will be a year of legislative strategy, pressuring statehouses to pass state-level laws concerning special prosecutors and grand juries while pushing for broader legislative steps in Washington D.C.

Body camera legislation is at the forefront of that push. Civil rights groups like the NAACP, The Advancement Project and the American Civil Liberties Union are behind many of the body camera proposals, and the Obama administration has allocated $263 million for a three-year program to expand training for local police departments, including $75 million that would purchase 50,000 cameras through a matching program.


IN THE SAME VEIN…US AG NOMINEE LORETTA LYNCH POISED TO TAKE ON POLICE-COMMUNITY RELATIONS

US Attorney General nominee Loretta Lynch, will be the first black female AG if confirmed, and says she will focus on mending relations and calming racial tensions between law enforcement agencies and their communities.

The Hill’s Tim Devaney has more on the issue and why advocates and lawmakers believe Loretta is suited to the task. Here’s a clip:

As a black woman with strong law-and-order credentials, Lynch, observers say, would be uniquely positioned to ease strained relations between police and minority communities they serve.

Lynch’s reputation for being a hard-nosed, impartial prosecutor has won her wide support from civil rights advocates, law enforcement, Democrats and even some Republicans.

This will serve her well as she seeks to “resolve the tensions” between law enforcement and the African American community, said Sen. Patrick Leahy, the top Democrat on the Judiciary Committee.

“She has prosecuted those who have committed crimes against police officers, as well as police officers who have committed crimes,” Leahy (D-Vt.) said during her confirmation hearing.

Lynch has earned the trust of civil rights groups by pursing cases of police brutality.

During her time as a federal prosecutor in New York, Lynch went after a police officer accused of sodomizing a Haitian immigrant with a stick in a precinct bathroom.

More recently, she was assigned to investigate the Eric Garner case.

As the “face of law enforcement,” Lynch will have the opportunity to improve public perceptions of police, said Hilary Shelton, Washington bureau director of the National Association for the Advancement of Colored People…

Lynch promised to “draw all voices” into the conversation about reforming law enforcement and cracking down on cases of police misconduct.

“She has to be a person who brings both sides together, police and the community,” Rep. Elijah Cummings (D-Md.), former chairman of the Congressional Black Caucus, told The Hill.

Posted in Department of Justice, DNA, Innocence, law enforcement, LGBT, racial justice, Supreme Court | No Comments »

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

February 3rd, 2015 by Celeste Fremon



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

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

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

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

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

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

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

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

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

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

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

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


ALBUQUERQUE POLICE: A RASH OF KILLINGS

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

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

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

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

Here’s a clip from Aviv’s story:

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

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

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

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

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

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


RECKLESSNESS & DEADLY FORCE

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

Here are some clips from Pinto’s story:

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

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

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

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

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

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

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


PROP 47 ALREADY BRINGING DROPS IN JAIL POPS ACROSS CALIFORNIA

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

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

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

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

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


LUIS RODRIGUEZ & THE POWER OF WORDS

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

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

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

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


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

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

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

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

Closing Unsolved Homicide Cases in LA, Outside Investigations of Cops’ Use of Force, “Tactical Retreat,” and “Suicide-by-Cop”

January 27th, 2015 by Taylor Walker

LAPD CLOSED HUNDREDS OF UNSOLVED MURDER CASES

As part of the Los Angeles News Group’s cluster of investigative stories about the magnitude of unsolved homicides in Los Angeles, the LA Daily News’ Mike Reicher reveals an alarming classification trend in LAPD homicide records.

Between 2000-2010, 596 unsolved homicides—11.5% of the total number of homicides recorded, and a large portion of which came from the Valley Bureau—were classified as “cleared other,” a category for “solved” cases in which no suspects were arrested, and no charges were filed. LA’s “cleared other” homicide cases were often cleared on technicalities, or when the DA’s office decided not to prosecute.

The national average is 4.9% for the classification. The LA County Sheriff’s Department does not clear a homicide unless a suspect is charged.

Here are some clips from Reicher’s story:

The LAPD cleared some of these cases because the D.A. declined to prosecute, but when asked for the reason each case was cleared, police officials did not respond. The data excludes fatal shootings by officers.

Out of all homicides for which the LAPD provided the Los Angeles News Group a case status, 11.5 percent fell into this “cleared other” category. The national average was 4.9 percent, according to FBI statistics from 2011 through 2013, the only published years. The Los Angeles County Sheriff’s Department didn’t classify any cases this way.

When agencies voluntarily report their crime-solving statistics to the FBI, they are supposed to only count a crime solved, or “cleared,” if they make an arrest, or if they have identified an offender and have enough evidence for an arrest but can’t for a reason outside their control. The classic example is a murder-suicide, in which the suspect is dead.

LAPD officials say they follow FBI guidelines when clearing cases. But others outside the agency say they are interpreting the FBI standards incorrectly.

“They should not let the prosecutors dictate if they solve a case,” said Cassia Spohn, professor and director of the School of Criminology and Criminal Justice at Arizona State University. “It really confuses the role of the police and the prosecutor.”

The LAPD Detective Operations Manual says that clearing a case, by arrest or by other methods, “means that the detective has solved the crime and has taken all possible, appropriate action against at least one suspect.”

The Sheriff’s Department keeps cases open unless someone is actually prosecuted, said Lt. Mike Rosson of the Homicide Bureau. He said his department strictly follows the FBI rules.

“If we can’t give a family closure through prosecution, why would we want to call it solved?” Rosson said.


THE QUESTIONS POLICE USE OF FORCE INVESTIGATIONS ANSWER VS. THE QUESTIONS OUTRAGED COMMUNITIES WANT ANSWERED

In the wake of non-indictments for the deaths of Michael Brown and Eric Garner, cries for independent investigations into killings by officers have escalated.

An LA Times editorial says establishing independent investigations may not be the straightforward solution proponents expect.

When a questionable use of deadly force occurs, citizens want to know whether the officer could have done something to change the fatal outcome, whether the officer feared for their life, whether the officer was racist, and whether he or she could have received better training.

The editorial points out that investigations aim to answer just three things: whether the officer committed a crime, whether the officer’s actions violated department policy, and whether those policies are unjust—not the more simplistic notion of whether the killing was “good or bad.”

Here’s a clip:

The police and the policed alike too often view the results of an internal or grand jury investigation in a binary way, conflating what ought to be distinct questions into one: Was the killing “good” or “bad”? That leaves people to conclude, in the event of a decision not to indict, as in the Brown and Garner cases, that the justice system or society as a whole has adjudged the killing to be justified.

The various layers of investigation are meant, instead, to ask at least three separate questions: (1) Did the officer commit a crime? (2) Did the officer violate policy? (3) Is the policy unjust or otherwise unsound?

Those fairly dry questions aren’t necessarily the ones that people ask after a police shooting. They want to know whether the officer who shot reasonably believed he was in danger; whether he was properly trained to defuse such a situation; whether he is racist, and is part of a racist system of law enforcement and justice. But any investigation, whether internal or independent, will have trouble with such subjective questions.

Prosecutors, grand juries, judges and trial juries determine whether an officer committed a crime, not whether a deadly encounter was handled properly from beginning to end. But investigations must tell us more than whether an officer is a callous murderer…

Read on.


MORE ON USE OF FORCE: POLICE AGENCIES EXAMINE “TACTICAL RETREAT” AS TRAINING METHOD

A new police training technique called “tactical retreat” has been cropping up in law enforcement agencies’ reevaluations of training approaches.

In this training method, officers are instructed to withdraw from certain suspects or situations until reinforcements arrive.

Supporters of this idea say tactical retreat could save lives on both sides of the badge. Both St. Louis city and county police chiefs are considering this approach as they analyze their current policies for possible revision. But some critics say tactical retreat could give a suspect the upper hand, potentially making the situation even more dangerous.

Law enforcement leaders in other jurisdictions, like Richmond, California, are seeing fewer officer-involved fatalities after implementing scenario-based training like tactical retreat.

The St. Louis Post-Dispatch’s Christine Byers has more on the issue. Here’s a clip:

Had [Darren] Wilson been coached in tactical retreat, Stoughton said, he instead might have stepped on the gas to drive away from the encounter, and kept Brown in sight while waiting for backup.

Wilson “could have been trained to do something different to allow him to apprehend Michael Brown without putting himself in a situation that made him feel deadly force was the only safe response,” Stoughton explained. “Train police officers to avoid putting themselves in danger, and you will see them use less force to get themselves out of danger.

“That’s good for everybody.”

Chiefs of the St. Louis and St. Louis County police have said in recent interviews they are reviewing training with the principles of tactical retreat in mind.

But it’s a delicate dance, warned Sam Dotson, the city chief.

“Society has to realize that we pay police officers to keep us safe. And if every criminal knows, ‘If I confront an officer, they will take four steps back, that’s my escape route,’ then that becomes the new norm.”

Tactical retreat can be a hard sell to police traditionally trained to subdue an adversary — and to keep pouring on force until that is accomplished. Most departments have policies that provide discipline for cowardice.

Gabe Crocker, president of the St. Louis County Police Association, called the tactical retreat concept “cowardice retreat,” and complained that it is “shameful” to consider.

“Why should we have to change law enforcement nationwide to make exceptions for this violent few when what we should be doing is making it harder for this violent few to have such a powerful lobby on their side?” Crocker asked. “Police officers are trying to uphold the laws of society and protect people. Instead, people are labeling us as aggressive and people who need more training.”

A misjudgment with tactical retreat could get an officer killed, said David Klinger, a criminologist at the University of Missouri-St. Louis, who urges caution in the way it’s used.

“If you retreat, you’re giving the guy an opportunity to win the fight, and you have to be bold,” said Klinger, a former Los Angeles officer. “However, if you have the advantage of horsepower, you should break away.


ANALYZING AND QUANTIFYING LA’S “SUICIDE-BY-COP” DATA

LAPD Inspector General Alex Bustamante examined 35 cases of “suicide-by-cop” in a 30-month span, and presented his findings to the Los Angeles Police Commission. Bustamante identified nine common indications that a person has used a police officer to help them commit suicide (for instance: when a person tells officers they have a gun when they actually do not).

Bustamante calls on the LAPD to go over their policies regarding these kinds of encounters with potentially suicidal people and the mentally ill, to determine whether there are some ways to avoid tragic outcomes.

KPCC’s Frank Stoltze has more on the Bustamante’s report. Here’s a clip:

Most incidents do not include suicide notes or people yelling for officers to shoot them, so its impossible to determine how many officer involved shootings are in fact suicides.

The inspector general urged the LAPD to review its policies regarding suicide by cop to determine if there are ways to avoid such scenarios. He also identified six recurrent features in the incidents:

The subject calls 911 or takes some other form of action to prompt an encounter with police officers;

The subject does not attempt to leave the scene, but instead actively seeks confrontation with officers;

The subject makes verbal threats to kill officers and/or tells officers to shoot him;

A subject who is not, in fact, armed with a firearm verbally indicates that he has a gun;

The subject brandishes or simulates a weapon in a manner that appears to threaten officers with death or serious injury; and,

When officers do not initially resort to the use of force, the subject does not comply with verbal commands and instead escalates the apparent threat until such time as force is used against him.

Posted in Inspector General, LAPD, LASD, law enforcement | 12 Comments »

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