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Governor Signs AB 953, Racial Profiling Bill; Advocates Thrilled, Law Enforcement Not So Much

October 5th, 2015 by Celeste Fremon


On Saturday, Governor Jerry Brown signed into law AB 953, The Racial and Identity Profiling Act of 2015, a bill that, since its introduction, has aroused strong passions, pro and con.

The bill requires the collection of data by California law enforcement agencies on the racial makeup of all those stopped by the police, along with the outcomes of those stops. All the data, once compiled, will be made public.

AB 953 will “collect data to validate what black people experience very day,” said Sen. Holly Mitchell (D-Los Angeles) when she spoke to her fellow senators in favor of the bill’s passage. Mitchell is one of the bill’s co-authors.

The newly signed legislation was written by Assemblymember Shirley Weber’s (D-San Diego), who thanked Gov. Brown in a statement after the signing, describing him as being, along with his father, “on the forefront of civil rights” for the last half century.

“AB 953 will be the state’s first step toward not only understanding the problem of racial profiling,” said Weber, “but also toward formulating policies to reduce the practice and its devastating consequences. California is going in a new direction on this issue; hopefully, this will set an example for other states.”

Assembly Member Rob Bonta (D-Oakland), another co-author, tweeted cheerily after the signing, “Justice wins today…”

AB 953 was sponsored by such reform-minded groups as the ACLU of California, the Youth Justice Coalition, PICO California, Dignity and Power Now, and others.

In statement released after the signing, the Nor Cal ACLU called AB 953 a “monumental step toward fair policing with first-ever bill to collect, analyze, and make public data on all police stops.

“California holds the ominous record for the highest number of deaths in the country, with 149 people killed by law enforcement in the state this year,” the ACLU wrote. “However, the state still does not collect, analyze, or make available basic information about who the police, stop, search or even shoot.”

Interestingly, the bill also received impassioned support from clergy up and down the state, a diverse group of whom signed a letter addressed to the governor encouraging him to sign the bill.

It read in part:

We people of faith imagine a new California where Black, Brown, and Native people rejoice knowing their leaders, particularly their Governor, have done everything possible to ensure safeguards are in place that create understanding, accountability, and trust with law enforcement. Research has shown that race plays an unconscious role in everyone’€™s decision-making, particularly in split-second decisions on perceived crime and danger. Unfortunately, when it comes to policing we still don’€™t have data at the statewide level to address this. Policing that wrongfully uses discriminatory practices will only lead to more unjust deaths, and reaffirms distrust in law enforcement, which makes all of us less safe.

AB 953’s passage in California would send a signal to the whole country that California is leading the nation on fair policing during the urgency of this moral crisis. We should not be afraid of data – in fact, data will help us empower reform and facilitate reconciliation with police officers at the neighborhood level.

On the other side of the issue, however, opinions also ran strong, especially among law enforcement organizations, many of which described AB 953 as a costly headache that would provide little information of real use. For instance, The Peace Officers Research Association of California (PORAC) urged a veto, telling the governor:

Our communities are frustrated in the wake of high profile incidents involving officer use of force. PORAC understands the concerns of the public and wants to work together to address these issues and move forward together. However, the additional reporting requirements under AB 953 will prove burdensome, and implementation and maintenance for such record keeping will prove costly and be of little benefit to the community.

Brown, who has generally been very attentive to the views of law enforcement since his stint as California Attorney General,, reportedly called several of the heads of the big LE groups that had opposed the bill, in order to explain his thinking.

(LA Times reporters Kim Christensen and Matt Hamilton have a longer story on the reaction of law enforcement around the state to Brown’s signing of the law. So take a look.)

The new law does not require the new data collection to actually begin until March 1, 2018, giving all those concerned more than two years to create systems to gather and analyze the data in question.

AB 953 was one of around a dozen criminal justice bills that Brown signed over the weekend. Tomorrow, we’ll have a run down of some of the rest of the bills for your reading pleasure.


Los Angeles County Sheriff, Jim McDonnell, was interviewed Sunday on NBC4 where he talked about such topics as the Oregon shooting, the controversial decision to have ICE agents back in LA’s jails, and a new partnership between the LASD and the U.S. Attorney’s office to combat sex trafficking in LA County, a crime that U.S. attorney Eileen Decker said is on the increase and has become a “priority issue” for the Department of Justice.

McDonnell too pointed to the issue as a priority. “The average age of a girl in California getting involved is 12 years old,” he said, explaining that the LAPD plus smaller LA County police agencies were also involved in the newly created task force.

On the tragedy in Oregon, and what should be done to prevent such horrors, McDonnell said, “While the gun is the vehicle, and after every one of these, we focus on that….the underlying cause is mental illness…”

Forty percent of the uses of force in the sheriff’s department, McDonnell said, “are dealing with the mentally ill.”

The sheriff called again for community based treatment for the mentally ill, so that the jails aren’t “the default mechanism…” for their treatment, as has been true in the past.

The interview has lots more, including a detailed explanation of the ways that ICE will and will not have access to LA County jail inmates. So take a look.


The New York Times has a sort of info-graphic feature on how the various shooters got their guns.

The Times’ writers note that, “criminal histories and documented mental health problems did not prevent at least eight of the gunmen in 14 recent mass shootings from obtaining their weapons, after federal background checks led to approval of the purchases of the guns used.”

The charts are disturbing but important, so take a look.

Posted in law enforcement | 6 Comments »

Texas Governor Calls for Law Enforcement Supporters to Wear Blue

September 4th, 2015 by Celeste Fremon

Texas Gov. Greg Abbott asked supporters to wear blue Friday as a way to honor Harris County Deputy Sheriff Darren Goforth, who was gunned down on the evening of August 28, as he was pumping gas. Goforth was reportedly targeted simply because he was wearing a law enforcement uniform. A 30-year-old Houston man has been arrested for the crime and charged with capital murder.

Thousands of officers turned out for Deputy Goforth’s funeral on Friday morning, September 4. The church where the ceremony was held holds 7000 people, and was reportedly filled past overflowing, with some officers standing quietly outside as bagpipes played Amazing Grace.

The National Sheriff’s Association was one of the national law enforcement groups that urged its members and others to wear or display blue on Friday, Sept. 4.

We at WLA are in favor of the idea and are wearing blue today ourselves.

Have a good and safe weekend.

Posted in law enforcement | No Comments »

‘Roid Rage With a Badge: Is Anabolic Steroid Use a Problem for Cops?

August 24th, 2015 by Celeste Fremon

Could steroid use by cops cause officers to escalate in encounters with suspects, when deescalation might prevent tragedy?
In a new story for AlterNet reporter David J. Krajicek talks to police experts and others who express concern over a rise in secret steroid use, now that pricy and complicated random testing has fallen out of favor with budget-minded law enforcement agencies.

While we don’t necessarily agree with every single one of Krajicek’s conclusions, his story brings up some worthwhile questions.

But first here is some background on the issue in general:

In 2004, the DEA became concerned enough about a pattern of steroid use among law enforcement personnel that, together with the U.S. Department of Justice, they created a seven-page booklet titled “Steroid Abuse by Law Enforcement Personnel” to help police agencies understand the problem and how to avoid it.

“Anabolic steroid abuse, once viewed as a problem strictly associated with body builders, fitness ‘buffs,’ and professional athletes, has entered into the law enforcement community,” the DEA wrote in its brochure.

“Law enforcement personnel have used steroids for both physical and psychological reasons,” added the DEA. “The idea of enhanced physical strength and endurance provides one with ‘the invincible mentality’ when performing law enforcement duties.” Especially when those duties are of a nature that can easily turn dangerous.

But whatever upsides the drugs might provide, the downsides could be considerable, warned the DEA, citing the following psychological side-effects:

- Mood swings (including manic-like symptoms leading to violence)
- Impaired judgment (stemming from feelings of invincibility)
- Depression
- Nervousness
- Extreme irritability
- Hostility and aggression

When the problem seemed to get worse, not better, in 2008 the International Association of Chiefs of Police passed a resolution that “calls upon state and local law enforcement entities to establish a model policy prohibiting the use of illegally obtained steroids” by officers.

That same year, Police Chief Magazine, the publication put out by the IACP, ran a story about dangers of steroid “use and abuse,” in which the authors (which included a high ranking Arizona cop, an army doctor, and several medical specialists and researchers) explained why the steroid issue was an essential one to face, despite the admitted difficulties with testing:

“Officers carry weapons, are authorized to use lethal force, and are often involved in physically controlling or restraining people,” the authors noted. “If the stories of ’roid rage are true, how often are the officers who use anabolic steroids involved in unnecessary use-of-force incidents that could become a major liability for their agencies? Considering the legal issues, health effects, and commensurate costs associated with inappropriate use, agencies should proactively address this issue. Rather than look back on what could be an embarrassing “steroid era” of law enforcement—one in which the profession might be riddled with lawsuits, corruption, and claims of heavy-handedness—it is critical to address the current and future impact of this issue head-on.

Some agencies, like the NYPD did introduce testing during that era.

But according to more recent stories, even many of the cop shops that did test have dropped testing, including the Phoenix police, whose testing protocol was considered a pioneering model. Yet the problem has not gone away, as demonstrated by this 2014 story in the Augusta Chronicle about a brewing steroid scandal among law enforcement in Georgia—and elsewhere. Here’s a clip:

One of the largest cases occurred in New Jersey in 2007 when 248 officers and firefighters from 53 agencies were obtaining fraudulent prescriptions of anabolic steroids from a doctor. According to news accounts, the discovery was made after the doctor’s sudden death.

But smaller cases have occurred throughout the country, including one in Atlanta last year.
Five firefighters and one police officer from Cobb County were included in the investigation. Two of the employees resigned almost immediately.

Earlier this year in Washington state, investigators learned a King’s County sheriff’s deputy had been using steroids and dealing them to others inside and outside of the agency.

The sheriff told news outlets he suspected members of his SWAT team bought steroids, but he would not try to prove it because he needed the 20-man team intact.

(Interestingly, back in 2009, LA County’s Office of Independent Review reported, according to the LA Times, that the Los Angeles Sheriff’s Department had lowered its hiring standards to the degree that, among other questionable hires, it accepted a recruit who “had abused marijuana and steroids and been convicted of underage drinking shortly before he applied to become a deputy.” Such standard dipping has since been corrected, which is good. However, it is no guarantee that steroid use is not continuing under the radar, at both the LASD and the LAPD. As a matter of fact, anecdotally speaking, we hear stories….)

The truth is, exactly no one reports that steroid use among cops is now on the wane, or even less prevalent than it was in the mid 2000s.

In fact, Dr. Harrison G. Pope, director of the Biological Psychiatry Laboratory at Harvard’s McLean Hospital told Megan Cassidy of the Arizona Republic last month, “There’s no real way to stem the tide, so to speak, as far as access to steroids, and there’s no prospect in the near future that use of them is going to decline,” said Pope.

“We are going to continue to see its use with law-enforcement officers.”


The Juvenile Justice and Delinquency Prevention Reauthorization Act (S 1169) will be the piece of legislatation most closely watched by juvenile justice activists when Congress returns from summer recess in September. The JJDPA, as it is commonly known, cleared the Senate Judiciary Committee on July 23, and is headed to the Senate floor.

First enacted in 1974, the JJDPA has been due for reauthorization since 2007. On April 30, 2015, Sen. Chuck Grassley (R-IA) and Sen. Sheldon Whitehouse (D-RI) introduced S. 1169, the bipartisan bill to accomplish the necessary reauthorization. The bill would also strengthen the JJDPA’s core protections for kids involved in the juvenile justice system.

Sara Barr, writing for the Juvenile Justice Information Exchange has more on the story. Here’s a clip:

If the Senate passes the bill, other juvenile justice legislation could gather momentum in JJDPA’s wake, said Naomi Smoot, senior policy associate at the Coalition for Juvenile Justice.

Such reform-oriented legislation introduced in late July and August include bills that deal with solitary confinement, shackling, alternatives to incarceration and record expungement.

Smoot said juvenile justice reforms are a natural fit within broader bipartisan negotiations to reform the criminal justice system.

“Juvenile justice reform really is the first line in those criminal justice efforts,” she said.

Barr lists some of the legislation that the JJDPA could tow behind it, including the MERCY Act (S 1965), which is the bipartisan bill introduced by Sen. Cory Booker, D-N.J., with Sens. Dick Durbin, D-Ill., Rand Paul, R-Ky., and Mike Lee, R-Utah, that would prohibit solitary confinement for juveniles in the federal system or held in pretrial facilities and juvenile detention facilities.


NPR’s Brian Mann has just kicked off a 3-part series on solitary confinement in America’s lock-ups, that is very much worth your time.

Here’s a clip from Part 1, which looks at the history of solitary:

In the yard at Eastern State Penitentiary in Philadelphia, gray-haired men make their way up to a small stage. A towering stone prison wall rises overhead. One by one they sit at a scratchy microphone and tell their stories — of being locked up 23 hours a day in a place that just about broke them.

“This place here really did something to me psychologically,” says former inmate Anthony Goodman.

Eastern State is the prison where solitary confinement was pioneered in the U.S. It’s a museum now, but the reunion here is a chance for former inmates to talk about what it meant to do time here.

“Because this place would make you go insane if you didn’t know how to handle it,” Goodman says.

Fred Kellner was a psychiatrist charged with looking after inmates’ mental health. He says he knew conditions at Eastern State were hurting people, but he felt powerless.

“I remember being bothered by various situations. You can’t do much about it because the most important thing in a prison is control. And that rules,” he says. “If you expect to change it, you’re in for depression.”

Here’s one of the first things you learn when you study the history of solitary confinement: People have had deep doubts about isolating inmates for a really long time.

The earliest experiments were carried out here at Eastern State in the 1800s in tiny, monastic cells. Sean Kelley, director of education at Eastern State, says at first people really believed that isolating criminals for long periods might help them heal, make them more virtuous.

Critics didn’t buy it. The British author and activist Charles Dickens who visited in the 1840s described long-term isolation as “ghastly,” a form of “torture.” Kelley says the people running Eastern State didn’t listen. Decade after decade they kept trying to make the system work.

“The officers and the administrators would write about the inmates becoming agitated. They would have to carry out really extreme physical punishments to maintain silence. They would literally put them in strait jackets and douse them in water in the wintertime and leave them outdoors,” he says.

Posted in juvenile justice, law enforcement, solitary | 6 Comments »

Harm-Focused Policing, LAPD Training and Retraining, the Mayor of New Orleans, and Tom Carey’s Guilty Plea

August 20th, 2015 by Taylor Walker


In a paper published on Friday in the journal Ideas in American Policing, Temple University criminal justice professor Jerry Ratcliffe outlines the difference between a “crime and disorder” focused policing strategy and another method he calls “harm-focused policing,” which redirects police resources and strategies toward the detrimental effects of crime on a community

Targeting issues that affect poor minority communities, like substance abuse, emotional health, and gang recruitment would go beyond the symptoms to get at the “why” of the crimes.

Switching the focus would more accurately represent communities’ concerns, says Jerry Ratcliffe, a criminal justice professor at Temple University and the paper’s author, and would help to change the relationship between cops and poor minority communities: “Where police can often see only crime and disorder, community experiences are more nuanced and diverse.”

While it can be difficult to quantify harm, the paper says there are ways to identify places and people that are especially harmful to communities.

Here’s a clip from the paper:

The range of community anxieties is often heartbreaking, ranging from the day-to-day incivilities that sap community cohesion, to concerns about root causes of crime, drugs, speeding traffic, environmental conditions, community dissolution and the harms associated with gang recruitment of young children. It is not uncommon to hear concerns about the lack of police attention to a neighborhood in the same meeting as complaints about the detrimental impacts of excessive and unfocused police attention on the wrong people. While there are correlations between increased police activity and lower neighborhood violence (see for example Koper & Mayo-Wilson, 2006; Ratcliffe, Taniguchi, Groff, & Wood, 2011), the negative consequences of repeated police contacts are now being more widely understood.

The paper also says the controversial practice of “stop, question, and frisk” (or “stop and frisk”) should be included in the harm index calculations as something that can hurt police-community relations:

The crime reduction benefits of increased pedestrian investigations (sometimes referred to in general as ‘stop, question and frisk’ [SQF]) remain a matter of some dispute (Rosenfeld & Fornango, 2014), and the tactic itself remains highly controversial with the public concerned about both the disproportionate impact on minority communities and potential reduction in police legitimacy. Even Braga and Weisburd, two of the strongest advocates of hot spots policing, accept that ‘It seems likely that overly aggressive and indiscriminate police crackdowns would produce some undesirable effects’ (2010: 188).

Given the potential for harm stemming from unrestrained used of SQF, inclusion of a weighting for each pedestrian or vehicle investigative stop has a number of benefits. First, it acts as a constraint against unfocused and unrestricted use of SQF by over-eager police commanders desperate to reduce crime in a location. The right weighting3 would still sanction use of the tactic, but ideally encourage a focused and targeted application because each stop would count against the area’s harm index. In this way a calculation of cost-benefit ratio would determine if the anticipated crime and harm reduction benefits sufficiently offset any potential loss of police legitimacy and community support. Second, this would send a signal that the police are cognizant of the potential for pedestrian and vehicle investigative stops to impact police-community relations and that they are aware that some police tactics come with an associated cost. Third, having a price associated with investigative stops may generate improved data collection of stops, which will have a corollary benefit, allowing departments to better assess their vulnerability to accusations of racial profiling.


In an interview with the LA Times’ Patt Morrison, Deputy Chief William Murphy, who is the head of the Los Angeles Police Department’s Police Sciences and Training Bureau, talked about how much LAPD training has evolved from a decade ago, how the Sandra Bland tragedy might have turned out differently, and how LA officers are taught to conduct traffic stops and mental health crisis calls.

Here’s a clip (but do yourself a favor and read the whole thing):

What is the LAPD training for a traffic stop?

In the academy, before we teach anything, we ask, “Have you ever been stopped by the police?” Everybody’s hands go up. [They say] the officer was kind of rude. We say: “Remember that before we teach you how to do a traffic stop. What if it was your mother? Your sister? Is that how you’d want someone to treat them?”

In California, we teach an eight-step traffic stop. The first four are critical: The initial thing is the greeting — a smile, say, “Good morning, I’m Officer Bill Murphy of the LAPD.” When people ask for business cards, you give it to them — that’s our policy. When you do this [he points to his nameplate] and say, “This is me,” you’re just getting them mad.

Then you explain the reason for the stop. In some of these traffic stops that go south, they’ve left out some of these components. The goal of a traffic stop is to educate, not irritate. You pull somebody over for running a stop sign to have a conversation to change their behavior.

Watch the tapes and you notice officers — not from California — don’t ask [the driver], “Why would you do that?” I’ve had people tell me, “My wife’s at the hospital delivering my first baby” or “I just got fired today and my head’s not in the game.” You give them an opportunity to explain before you make a decision whether or not to write a ticket.

Then [as the last step], you say have a good day; you always end on a positive note.

The Sandra Bland traffic arrest apparently escalated when an officer got testy because she wouldn’t put out her cigarette; it ended with Bland allegedly hanging herself in a jail cell.

You have to think, is [the driver] a threat to you, or are you just irritated because they happen to be having a cigarette? If you think they’re really a threat, that’s a different situation. I’ve gotten pulled over, and as a police officer, my heart still races. [Bland was] probably just nervous, smoking her cigarette.

We teach don’t be the “contempt of cop” cop. Usually, you get contempt of cop when your emotions take over, when the goal becomes something other than educating, like, “You’re not respecting my authority.”

We’re lucky: About 98% of our police vehicles are two-person. If the [first officer] for whatever reason isn’t making that connection and it’s getting heated, we tell them to switch roles right away. Say, “Hey, partner, let me take this over,” as opposed to getting into a confrontation.

I was asked about the video of the Cincinnati incident [a campus police officer shot an unarmed man during a traffic stop; the officer has been indicted for murder]. You need to control your emotions and stress level so you don’t overreact. When you overreact, you can see a threat that’s really not there.


The Altantic’s Jeffery Goldberg has a great longread about New Orleans Mayor Mitch Landrieu who is on a crusade to cut down on the level of homicides in his city. Landrieu’s particular focus is on the “epidemic of young African American men killing young African American men.”

One of Mayor Landrieu’s innovative violence diversion programs, NOLA for Life, initiates “call-ins” where around 20 men between the ages of 16-24 who are likely to shoot or be shot, and who have had contact with the justice system, are called into court without explanation.

Landrieu addresses the gathered boys and young men, who are either doing a short stint in jail or are on probation, and introduces two groups of people who have come to speak with them and help them—on one side, representatives from every local and federal law enforcement agency, on the other, social workers and counselors ready to help the attendees and connect them with services and resources.

Landrieu tells the young men gathered in front of him, that if they leave the courthouse and make wrong choices they will have further contact with the law enforcement agencies in attendance, but if they choose correctly, Landrieu says, “I’ll make a commitment to you that you’re going to go to the front of the line: if you need a job, if you need mental-health, substance-abuse counseling, if you say you need something, the folks on this side of the room will listen to you, talk to you, help you.”

NOLA for Life also features mental health services, substance abuse treatment, and job training. And teams of counselors, including former gang members, are dispatched to ERs to convince family members of shooting victims not to seek revenge.

“i want people to tell me whether or not they think that the lives of poor young African American men that live in certain communities in every city—whether their lives matter…that’s all I want to know: that the answer to that is ‘yes’.”

Here’s a clip:

“It’s a roll of the dice. People get out of Central City, they do,” Landrieu told me recently. “But many don’t. If life had gone differently for Joseph Norfleet and James Darby, who knows? Joseph Norfleet could have been that 9-year-old victim. Maybe Joseph Norfleet would be dead and James Darby would be in prison today. We see this so often—today’s shooter is tomorrow’s victim.”

The prison [Angola], 130 miles from New Orleans, could legitimately be considered the city’s most distant neighborhood. Of the roughly 6,300 men currently imprisoned at Angola—three-quarters of them there for life, and nearly 80 percent of them African American—about 2,000 at any given moment are from New Orleans. Thousands of children in New Orleans—a city whose population today is roughly 380,000—have fathers who will reside until death in Angola.

“This place will bring you to your knees,” Landrieu said.


“What you’re going to see is a huge governing failure on the part of our society. This country has the highest incarceration rate in the world, and Louisiana has the highest incarceration rate in the country. That’s failure.”

Landrieu visits Angola on occasion to learn more about a crisis that has come to consume him. He decided, early in his first term, to devote the resources of his city to solving one of this country’s most diabolical challenges—the persistence of homicide in poor African American communities. The numbers are staggering. From 1980 to 2013, 262,000 black males were killed in America. By contrast, roughly 58,000 Americans died in Vietnam. In New Orleans, about 6,000 African American men have been murdered since 1980. The killers of these men were, in the vast majority of cases, other African American men. In New Orleans, 80 percent of murder victims are believed to have known their killer.


As we drove to Angola, I asked Landrieu why he has made homicide—a seemingly ineradicable disease in a gun-saturated country whose popular culture glorifies violence—his chief priority.

“I didn’t grab this. This problem grabbed me,” he said. “I guess you could say I’m obsessed with it. I don’t understand why it’s okay in America—a country that’s supposed to be the greatest country in the world, a place with more wealth than anywhere else—for us to leave so many of our citizens basically dead. Why do we allow our citizens to kill each other as if it’s the cost of doing business? We have basically given up on our African American boys. I’d be a cold son of a bitch if I ignored it, if I just focused on the other side of town, or focused just on tourism.

“I’m absolutely certain we have the money and the capacity to solve this problem, but we do not have the will. This problem doesn’t touch enough Americans to rise to the level of a national crisis. But these are all our children. I’m embarrassed by it. How could this be normal?”


On Wednesday, former Los Angeles Sheriff’s Department Captain William “Tom” Carey officially changed his plea to guilty in the obstruction of justice trial involving the hiding of a federal informant from the FBI.

Standing before US District Judge Percy Anderson, Carey pled guilty to one count of perjury. In exchange, three separate charges of obstruction of justice, conspiracy to obstruct justice, and another count of lying on the witness stand, are to be dismissed.

In return, Carey will have to fully cooperate with the feds and provide testimony in related trials, including that of his co-defendant, former Undersheriff Paul Tanaka, and that of former Sheriff Lee Baca, who has not been indicted, but may be federal prosecutors’ next target.

ABC7′s Miriam Hernandez and Lisa Bartley were there in court and have the story. Here are some clips:

Former Sheriff Leroy “Lee” Baca might be getting nervous right about now.

Retired Captain William “Tom” Carey, 57, officially changed his plea to guilty on Wednesday, becoming the highest-ranking Los Angeles County Sheriff’s Department official to flip in the years-long federal investigation.

“Guilty,” Carey stated under oath as he stood before Judge Percy Anderson alongside his defense attorney Andrew Stolper.

Carey cut a deal with prosecutors that requires total cooperation with law enforcement as they forge ahead in their investigation of corruption and inmate abuse inside county jails, which are run by the LASD.

Speculation is growing that Baca, who abruptly resigned in January 2014, could be in the crosshairs of federal prosecutors.

“We’ve seen in the investigation of this case that the prosecution has been trying to go as high as they can, even to the sheriff himself,” said Laurie Levenson, a Loyola Law School professor and former federal prosecutor.

Carey’s co-defendant, former LASD Undersheriff Paul Tanaka, goes on trial this November for his alleged role in the scheme to block the FBI investigation.


Carey’s plea deal means that three felony counts — obstruction of justice, conspiracy to obstruct justice and one count of making false statements — will be dismissed.

Carey pleaded guilty to one count of making another false statement, which points to what prosecutors say was the true motivation for hiding Brown from the FBI.

At the trial of Deputy James Sexton in May 2014, Carey testified that there was no other reason to move Brown other than for his own safety.

Carey now admits that was a lie because he “knew that the deputies ordered to stand guard over Inmate AB during this time were there, at least in part, so that the FBI could not have access to Inmate AB unless there was an order from co-defendant Tanaka or another LASD executive that would have allowed access.”

Carey’s cooperation agreement means he is likely to testify against Tanaka at his upcoming trial, although defense attorneys are sure to attack Carey’s credibility now that he’s admitted to previously lying on the witness stand.

Posted in LAPD, LASD, law enforcement, Sheriff Lee Baca, Violence Prevention | 29 Comments »

Gov. Brown Signing Bills, Hearing on Overmedication of Foster Kids, Defining Solitary, and the Folsom Riot

August 13th, 2015 by Taylor Walker


CA Governor Jerry Brown has signed several noteworthy bills, so far this week:

SB 411, the Right to Record Act, clarifies the First Amendment right to photograph and record video of law enforcement when officers are in a public place or where the recording citizen has a right to be.

Senator Ricardo Lara (D-Bell Gardens), the bill’s author, said, “With the stroke of a pen, Governor Brown reinforces our First Amendment right and ensures transparency, accountability and justice for all Californians. At a time when cell phone and video footage is helping steer important national civil rights conversations, passage of the Right to Record Act sets an example for the rest of the nation to follow.”

And here’s why this bill is important, according to Sen. Lara’s website:

In California and beyond, members of the public have been arrested while recording or photographing police activity in public places. News accounts and videos have surfaced showing that some civilians have been arrested for recording officers in the cities of Los Angeles, Torrance, and San Diego, as well as the County of Orange. This conflict extends past police officers and civilians to professional photographers and media personnel. In Berkeley, CA a journalist was arrested after recording law enforcement officers in a public place. Last week, a bystander caught a police officer in North Charleston, S.C. in a shooting incident that has led to charges being filed against that officer.

In May, the ACLU of California launched a “Mobile Justice” app that allows users to take video (of an officer-involved incident, for instance) and immediately send it to the ACLU by pressing a button. According to the ACLU SoCal’s Twitter page, the app has been downloaded over 160,000 times as of this week.

Another bill, SB 227, bans the use of criminal grand juries to investigate cases involving alleged fatal excessive use of force and fatal shootings by law enforcement officers.

The bill follows controversial secret grand jury decisions not to indict the officers who killed Michael Brown and Eric Garner in Ferguson and Staten Island.

“One doesn’t have to be a lawyer to understand why SB 227 makes sense,” said Sen. Holly Mitchell (D-Los Angeles), who authored the bill. “The use of the criminal grand jury process, and the refusal to indict as occurred in Ferguson and other communities of color, has fostered an atmosphere of suspicion that threatens to compromise our justice system.”

The governor also signed a bill by Sen. Loni Hancock (D-Berkeley), SB 601, which aims to boost transparency and accountability by increasing the amount of required public data reporting from California prisons.

The data will be published quarterly online as a “data dashboard,” which will include inmate population numbers; rehabilitation program numbers, including enrollment and achievement statistics; the number and nature of deaths in the facility; use of force incidents; staff overtime, vacancies, pay, and positions; inmate appeals; solitary confinement population; budget and money spent; and information on lockdowns.


A three-hour joint oversight hearing between two CA Senate committees focused on a package of four California reform bills addressing the excessive use of psychotropic medications to treat California kids in the foster care system.

Senator Mike McGuire (D-Healdsberg), chairman of the Senate Human Services Committee, and Sen. Ed Hernandez (D-West Covina), chairman of the Senate Health Committee, voiced frustration at the lack of data tracking and transparency to explain why foster kids are so heavily medicated.

Here’s a quick explanation of the bill package from California Healthline:

SB 238, by state Sens. Holly Mitchell (D-Los Angeles) and Jim Beall (D-San Jose), which would require the state to provide more data on the number of children in foster care who are prescribed psychotropic drugs, along with other medications that might cause harmful drug interactions;

SB 253, by state Sen. Bill Monning (D-Carmel), which would change the juvenile courts’ process for authorizing psychotropic drugs by prohibiting such drugs from being authorized without prior medical examination and ongoing monitoring of the child;

SB 319, by Beall, which would establish a system for public health nurses to monitor and oversee anyone in foster care who is prescribed psychotropic medications; and

SB 484, by Beall, which would establish treatment protocols and state oversight of psychotropic drugs in group-home settings (California Healthline, 5/18).

The four bills are on their way to the Senate Appropriations Committee next week, and if passed there, will land on Gov. Brown’s desk.

(For more on this issue, read Karen de Sá’s powerful five-part investigative series for the San Jose Mercury News, “Drugging Our Kids.”)

San Jose Mercury News’ Tracy Seipel has more on the hearing. Here’s a clip:

The hearing was intended to look more closely at the standards and tools used by state and local governments in evaluating psychosocial services for foster care youth that minimize the need for the reliance on psychiatric drugs.

“You can imagine the challenges our vulnerable kids faced when they were trying to access care within the foster health care system,” McGuire said.

The senator said he was having trouble getting answers to basic questions, including: How many of the youths had been prescribed prescription drugs? How many were taking multiple prescribed drugs? How many doctors had the youths seen?

“How can we treat them if we don’t have their medical history?” McGuire asked, noting that much of this data is submitted to state departments on a voluntary, but not mandatory, basis.


On Tuesday, Hernandez told the panel that after this newspaper’s series brought the problem to his attention he wanted some answers.

“The questions I have are: Why is it that this population is being prescribed drugs at the rates they are being prescribed? Is that normal, standard protocol? How do we compare to other states?”

Anna Johnson, a policy analyst with the National Center for Youth Law, told the senators that California lacks a system capable of tracking prescription practices about psychotropic medications for foster youth.

“Care coordination should be provided immediately upon entry into foster care,” Johnson said, noting that California can learn from states.


At a Senate hearing focusing on conditions in federal prisons, Charles Samuels, the director of the Bureau of Prisons, insisted that solitary confinement is not used in federal detention facilities.

Samuels said that inmates are housed two to a cell. Because of this, even if the prisoners are held for 22 or more hours per day and experience every other aspect of isolation, the practice no longer qualifies as solitary confinement, according to Samuels.

(Read more about the Senate hearing: here.)

Vice’s Seth Ferranti and Robert Rosso gathered some reactions to Samuels’ statements from federal prisoners. Here are some clips:

“Reading what Samuels said was like watching Bill Clinton change the meaning of ‘sexual relations’ when he denied that Monica Lewinsky gave him head,” says Jay Martt, a federal inmate serving 14 years for robbery at FCI Terre Haute, a federal prison in Indiana. “He’s redefining what solitary confinement means in modern times.”…

“We do not, under any circumstances, nor have we ever had the practice of putting an individual in a cell alone,” while housed in the SHU, Samuels swore before members of the Senate.

“How can he get away with saying such a bald-face lie?” wonders Martt. ” Of course they put guys in single-cells in the SHU. All that one of these senators needs to do is subpoena any log-book from any SHU in the BOP and they could prosecute Director Samuels for lying to members of Congress.”…

“Prison officials like to tell the public and the courts that when we are put in the hole, or the ‘SHU,’ that we get one hour out of our cells every day for recreation. It’s a lie,” Martt, who gets released from prison next year, tells VICE. “Sometimes, when the staff feels like it, they might let us go from our cell into a cage that’s the size of two cells combined with up to six other people in it, and we stand around looking stupid. That’s what the BOP calls our ‘one hour’ out of the cell per day.”…

Troy Hockenberry, serving a ten-year sentence for a gun charge, says it’s the misuse of the special housing units that concerns him. “I know a guy who was sent to the hole for not tucking in his shirt. He stayed back there for over a month—for not tucking in his shirt! That’s absurd,” he said. Hockenberry argued that staff will target inmates that they don’t like and have them placed in the SHU for an “investigation.” According to BOP policy, an inmate can remain in the SHU under investigation for a period 90 days, at which time a decision must be made: Charge the inmate, or place them back into general population.

“But they’ve got a trick for that, too,” Hockenberry tells VICE. “They ask for an extension.” An officer investigating an alleged wrong doing can request three extensions, meaning that an inmate can be held in the SHU for nine months without ever being charged. “The bottom line is they can do whatever they want to us and nobody cares,” Hockenberry concludes.


On Wednesday, 71-year-old Hugo “Yogi” Pinell, one of the “San Quentin Six” inmates who attempted to break out of the state prison in 1971, was killed during a 70-inmate riot at New Folsom Prison in Sacramento.

Pinell and other inmates were reportedly stabbed with makeshift weapons. Eleven prisoners were taken to hospitals. No prison staff members were injured in the brawl.

Pinell was locked-up in 1965 for rape, and in 1971 was given a life sentence with the possibility of parole after killing a guard at the Correctional Training Facility in Soledad. That same year, Pinell was part of a prison break that resulted in the death of two guards and four inmates, including George Jackson, founder of the Black Guerrilla Family prison gang.

The Sacramento Bee’s Sam Stanton and Richard Chang have the story. Here’s a clip:

At least 11 other inmates at California State Prison, Sacramento, were taken to hospitals Wednesday, officials said. No staff members were injured in the riot, which began at 12:55 p.m. in a general-population yard at the prison, which houses 2,300 maximum-security inmates. The combatants inflicted stab wounds with weapons furnished in prison, according to the state corrections department.

Pinell’s attorney, Keith Wattley of Oakland, said he learned Tuesday that his client – the target of prison attacks in the past – had been moved into the general population before his death.

“The threat of harm to him has been well known by prison officials,” Wattley said. He added that Pinell had been the target of “long-standing threats,” but said he could not elaborate Wednesday.

Posted in ACLU, CDCR, Edmund G. Brown, Jr. (Jerry), Foster Care, law enforcement, mental health | 11 Comments »

LA Supes Hold Discussion on LASD Oversight, Richmond’s Anti-Violence Program, Pell Grants for Prisoners, and Calexico’s Police Chief

July 29th, 2015 by Taylor Walker


On Tuesday, the LA County Board of Supervisors held a discussion on the final recommendations from the working group tasked with figuring out how to structure a civilian oversight panel for the LA County Sheriff’s Department.

The group spent six months working toward this final report, and held thirteen public meetings and nine town hall meetings across the county to gather community input.

Former CEO of Public Counsel and working group member, Hernan Vera, said that, in studying other counties’ oversight boards, they noted three broad powers: the ability to look into and address systemic and procedural problems within the department, to investigate individual instances of alleged misconduct and excessive use of force allegations, and to build a bridge to the community through transparency, accountability, and dialogue.

The working group voted 4-3 in favor of recommending giving subpoena power to the commission. Vera acknowledged it as the “elephant in the room” jumped right into discussing the issue.

“First, we believe at the end of this process, that this commission wouldn’t enjoy the full trust and confidence of the public without that power,” said Vera. “That was made clear to us. So much of the public testimony centered around this issue.”

Vera continued, “The majority who voted for this believed that this commission wouldn’t be able to do its job as effectively without its power…the commission itself wouldn’t be seen as truly independent without this power because everything would have to be negotiated. And the commission, bottom line, would be dependent on the generosity or good will of the sheriff’s department to get the records that it needs.”

There may have to be changes to state law, however, to make subpoena power possible. County Counsel told the board they are still looking into whether it would need to go on next year’s ballot or not.

Supervisor Mike Antonovich expressed concern over officer privacy. “We would have to ensure that anyone who has access to those records is aware of the need to keep them confidential. We’re exploring options to address that issue,” said Antonovich. “We could have confidentiality agreements drafted. And there could be penalties associated with violation of those agreements. Under the law, there’s also the Peace Officer Bill of Rights…if you violate it and breach confidentiality…there could be consequences, even misdemeanor consequences.”

Also on the working group, was LASD Undersheriff Neal Tyler, who said Sheriff Jim McDonnell was concerned about the idea of subpoena power, and thought it unnecessary.

The sheriff wants the county to hold off on trying to set up subpoena power, and first work on a memorandum of agreement (MOA), which could take as little as a couple of weeks to establish. Then, if that agreement does not live up to the level of access desired by the commission and board, subpoena power could go on the 2016 ballot.

In answer to this, Supe Mark Ridley-Thomas said that the issue must be looked at structurally and systematically, and that, respectfully, his “days of of deferring to a sheriff, elected or not…are over.”

Inspector General Max Huntsman, who is also part of the working group, says he has been trying to get an MOA in place for the Office of Inspector General for the last year and a half, and because the working group did not yet have an MOA from the Sheriff for the commission, the group had to consider subpoena power. “In order to accomplish the goals of this board, I think what’s important is complete access,” said Huntsman. “At the time we took that vote, there was no MOA on the table. We still do not have an MOA in place. I’ve been here for a year and a half, and haven’t been able to get an MOA. …In the working group, we had no option but to pursue something else that would allow us to implement that goal.”

Huntsman continued, “Subpoena power by itself does not get us access to the kind of detailed internal information that I think is absolutely critical in order to accomplish the goals of this board.”

Vera said that having subpoena power would be important for the commission to have as backup. “What we heard from cities like San Diego…is that the mere fact of having subpoena power facilitates broader access and a more effective commission,” said Vera. The subpoena power will not be needed 99% of the time, according to Vera, as the the commission will go through the MOA. “But the fact that it exists just creates more of an incentive to comply…the jurisdictions that haven’t had that, have had to work out a way of negotiating for records. And when the sheriff’s department says no, the conversation ends there.”

Among other important topics of discussion were whether undocumented immigrants could serve on the commission, as well as whether retired sworn personnel could serve as commission members, or whether that would create a conflict of interest.

No consensus was definitively reached by the board on any one topic, and no date was set to vote on the commission, but the hearing was an important step toward establishing oversight.

“It is not as if we are engaged in any revolutionary act here with respect to the establishment of an oversight commission….we are rather late to the party,” said Ridley-Thomas. “Oversight commissions exist all over the length and breadth of this country, and it’s about time that Los Angeles County got with the program.”


The city of Richmond, CA, is seeing incredible success with their unique anti-violence program, according to a new report from the National Council on Crime and Delinquency.

Just under a decade ago, the city of Richmond, CA had one of the highest homicide rates in the nation. In 2007, there were 47 gun-related homicides in the city of 106,000 people. The situation was so dire, the city authorized an unheard of new program that would identify the most likely to shoot someone or be shot, and pay them to keep out of trouble.

Four times per year, the Office of Neighborhood Safety, conceived and developed by DeVone Boggan, selects 50 candidates under 25-years-old to take part in an 18-month program. Participants receive a monthly stipend between $300 and $1000 for nine of those months, along with mentoring, education, and other services.

In 2013, 6 years after the launch of ONS, there were 15 homicides per 100,000 residents—the lowest number Richmond had seen in 33 years. And the homicide rate continues to drop.

And those participants, most likely to shoot or be shot, are, for the most part, staying alive and out of trouble: 94% of the 68 men to complete the program are still alive, and 79% have not been arrested or charged with a firearm-related crime since.

(WLA has previously written about Richmond’s Police Chief Chris Magnus, who has vastly improved officer morale and the police-community relationship.)

Mother Jones’ Tim Murphy has more on the report. Here’s a clip:

The conclusion was positive: “While a number of factors including policy changes, policing efforts, an improving economic climate, and an overall decline in crime may have helped to facilitate this shift, many individuals interviewed for this evaluation cite the work of the ONS, which began in late 2007, as a strong contributing factor in a collaborative effort to decrease violence in Richmond.”

As evidence, the study cites the life-changing effect on fellows. Ninety-four percent of fellows are still alive. And perhaps just as remarkable, 79 percent have not been arrested or charged with gun-related offenses during that time period.

“While replication of the Fellowship itself may be more arduous because of the dynamic leadership associated with the current model, the framework of the Fellowship could be used to improve outcomes for communities across the country,” the study’s authors wrote. “The steps taken to craft programming developed with clients in mind, and being responsive to their needs and the needs of the community, can serve as a model.”


On Friday the US Secretary of Education Arne Duncan and US Attorney General Loretta Lynch are slated to reveal A 3-5 year plan to give federal Pell Grants—college grants for low-income students—to thousands of prisoners across the nation, reversing a 1993 ban on giving such grants to inmates.

Through the grants, prisoners will receive up to $5,775 per year to spend on tuition, books, and other education expenses.

The hope is that, by opening up access to education for prisoners, recidivism rates will drop, saving states and the federal government piles of money in the long run.

The Wall Street Journal’s Josh Mitchell and Joe Palazzolo have the story. Here’s a clip:

Prisoners received $34 million in Pell grants in 1993, according to figures the Department of Education provided to Congress at the time. But a year later, Congress prohibited state and federal prison inmates from getting Pell grants as part of broad anticrime legislation, leading to a sharp drop in the number of in-prison college programs. Supporters of the ban contended federal aid should only go to law-abiding citizens.

Between the mid-1990s and 2013, the U.S. prison population doubled to about 1.6 million inmates, many of them repeat offenders, Justice Department figures show. Members of both parties—including President Barack Obama, a Democrat, and Republican Sen. Rand Paul of Kentucky—have called for a broad examination of criminal justice, such as rewriting sentencing guidelines.

A 2013 study by the Rand Corp. found that inmates who participated in education programs, including college courses, had significantly lower odds of returning to prison than inmates who didn’t.

Some congressional Democrats have proposed lifting the ban. Meanwhile, administration officials have indicated they would use a provision of the Higher Education Act that gives the Education Department the authority to temporarily waive rules, such as the Pell-grant ban, as part of an experiment to study their effectiveness.

Education Secretary Arne Duncan and Attorney General Loretta Lynch are expected to announce the program, which likely would last three to five years to yield data on recidivism rates, at a prison in Jessup, Md., on Friday. Key details aren’t yet clear, such as which institutions and what types of convicts would be allowed to participate.


The LA Times’ Joel Rubin has a long read profile on Calexico Police Chief Michael Bostic, a former LAPD Assistant Chief, who took the helm of an agency that was the subject of an FBI investigation, and was drowning in officer misconduct scandals. Chief Bostic has been very vocal about problems plaguing the department he says he has come to fix.

In April, Chief Bostic asked the DOJ to step in and help him clean up the border city’s police department. The DOJ, via its Office of Community Oriented Policing Services, said it would provide extensive training and would help build a community policing unit over the next three years.

Bostic does have critics, however, including some who question the hefty paycheck he receives for leading a rather small department.

Here’s a clip from Rubin’s story:

Since arriving in Calexico, Bostic has unabashedly presented himself as a savior, promising residents he will rid their Police Department of “the cancer living within it” — a refrain during his first months on the job.

“These people are so desperate for help,” he said. “The LAPD has given me a unique set of skills and training that you can’t get many places…. I know exactly what to do to fix this place.”

Bostic hasn’t shied away from such grand statements, touting the major role he played in reforming the LAPD. Although he did have a hand in trying to push through changes that followed some of the LAPD’s worst episodes, the reality of his time there is more modest.

In the wake of the videotaped beating by officers of Rodney King, then-Chief Daryl Gates assigned Bostic to review the department’s use-of-force and training procedures. In his role, Bostic was critical of some problems he identified but wasn’t in a position to make significant changes himself.

Bostic testified as the government’s use-of-force expert during the state trial against the officers. Defense attorneys picked him apart on cross-examination, however, forcing him to admit he had formed his opinion of the beating after only a few viewings of the tape. After acquitting the officers, jurors said that they did not find Bostic credible.

He climbed the ranks to become an assistant chief, at times running the department when the chief was away. But after Bostic clashed with William Bratton, who was hired as chief in 2002, Bratton demoted him and exiled him from his inner circle.

Soon after he took over in Calexico, Bostic said he contacted the FBI, relaying concerns he had about some of his officers. Then, on a morning in late October, dozens of agents descended on the police station, seizing computer hard drives and documents.

FBI officials acknowledged the ongoing investigation but declined to comment on its scope or focus. Bostic, for his part, has refused to elaborate on the probe. But it seems to have struck a sensitive chord with him. Twice after the raid, Bostic choked back tears when answering reporters’ questions about the investigation.

“There could be nothing more embarrassing than to have your department under that kind of scrutiny…. It was literally the most disappointing day in all my years of policing,” he said at one news conference after composing himself.

The problems, Bostic said, stemmed from half a dozen or so officers, who also held sway in the police officers union. Bostic said they effectively ran the department, threatening other officers with misconduct investigations if they got out of line and running the department’s $450,000 annual budget for overtime to nearly $1.5 million.

“They believed they were untouchable. They still believe it, even since I’ve arrived. They’ve been protected for so long.”

Posted in Education, Jim McDonnell, LA County Board of Supervisors, LASD, law enforcement, Obama, prison, Violence Prevention | 16 Comments »

Pulling Back the Blue Curtain: What Does the Public Really Have the Right to Know About Police Records?

July 28th, 2015 by Taylor Walker

In LA and around the country, law enforcement agencies are purchasing and deploying police body cameras as a means of increasing accountability to the public. But the use of all these new cameras means the potential accumulation of miles and miles of video footage. The question of who has the right to see all this video (and when, and under what circumstances) is already the subject of debate between police, civil rights advocates, and the public.

Last week, at the Crawford Family Forum in Pasadena, KPCC’s Frank Stoltze moderated what turned out to be a very informative and often contentious discussion on the complex issues relating to law enforcement transparency, and what the public legally has the right to know.

Panelists included Peter Scheer, of the First Amendment Coalition, Jack Leonard, the LA Times’ police and courts editor, attorney Mildred K. “Missy” O’Linn, Jeff Steck, head of ALADS, the LA deputies’ union, LASD Undersheriff Neal Tyler, and LA Times attorney Rochelle L. Wilcox.

One of the first and most polemical topics that emerged was the June 2, 2013 fatal shooting of an unarmed man, Ricardo Diaz Zeferino, by Gardena police officers, and a push from the Times (along with the Associated Press and Bloomberg) for the release of dash cam footage of the incident.

The city of Gardena settled the resulting civil lawsuit to the tune of $4.7 million, but fought to keep videos of the shooting under wraps, citing privacy concerns. Earlier this month, two years into Gardena’s fight to keep the videos hidden, federal Judge Stephen V. Wilson ordered the city to release footage from two radio car dash cams.

Panelist Missy O’Linn, who was Gardena’s attorney during the legal battle, had a great deal to say on the matter of police rights.

O’Linn argued that the videos should not have been released because they were part of a protective order. “The problem here is the process,” she said. “Technology is way ahead of the law…we need rules. We need guidelines…. as to what is to be made public.” And then a few beats later: “It appears that the first amendment has usurped state law.”

This last remark triggered a rash of noisy murmurs from the audience, which was filled with lawyers, journalists, and advocates, in addition to interested community members.

LA Times attorney Rochelle Wilcox, who successfully fought to get the names of Long Beach officers revealed last year, explained that the public is entitled to access records in federal cases, “unless the party advocating for secrecy [in this case, the city of Gardena] meets a burden of showing compelling reasons why the records should be sealed.” (The same is not true when it comes to state cases.)

O’Linn was not cowed. She argued that releasing video only presents one perspective of an incident to the public, and can create a pubic safety issue. “The public’s reaction, without information—which is controlled by mass media—has the potential to set your cities on fire, destroy your businesses…If it was no justice, no peace, marching in solidarity, and peaceful protest, that’s one thing. But call Baltimore, call Ferguson, where the business owners’ lives have been destroyed because they didn’t have a peaceful protest. And quite frankly, that is a public safety issue.”

When Stoltze asked O’Linn if it was fear of public unrest that was the most compelling reason given as to why the Gardena videos should not have been released, O’Linn was quick to answer. “Absolutely…Darren Wilson, an officer in Ferguson, Mo, will never work again as a police officer. Someone tried to beat him to death, and he will never work again. My officers do not deserve to be hung, judged in the media, without full information.”

So would she argue for a release of the entire record, including the video? Frank asked. “If you want full information out there, would that not be the logical next step?”

“The public does not go looking for that information,” said O’Linn. “The media directs the conversation.”


Peter Scheer, executive director of the First Amendment Coalition, said it would not be too burdensome to release some videos, on a case-by-case, as-needed basis. “When it comes to police investigative records, they are 100 percent exempt from disclosure under the California Public Records Act. But the police have the discretion, if they wish, to release them,” said Scheer. “So why not, in some of these cases, release these videos at the discretion of the department, where the public’s need to know is compelling?“

Jeff Steck, president of the Association of Los Angeles Deputy Sheriffs (ALADS), jumped in to say that videos often do not tell the whole story about an officer-involved shooting or other use-of-force incident. “I’ve just begun to understand what I see, and I’m an expert in the field,” said Steck.

Steck did agree with Scheer’s contention that the videos should be released to the public on a case-by-case basis, but said he was worried about the protection of victims. “I saw an officer get murdered on camera. If that happens to me, I don’t want my death on TV.”

Steck also expressed concern about the effect that indiscriminate video release would have on the privacy and the safety of officers and their families in general. “There are people who want to do us harm. We lost two deputies who were killed at their homes. We are concerned for our safety. When we’re on duty, we’re aware of the risk, but we don’t to take this home to our families.”

And if all videos were to be released, O’Linn broke in to say, it would be a huge burden to taxpayers, “…because your cities and counties that want to implement body worn camera programs are going to need to hire a team of editors to blur out faces and remove private information.”


LASD Undersheriff Neal Tyler said the department is working on new website that will share crucial data with the public regarding use-of-force incidents, without naming individual officers involved. The site will include information and statistics on officer-involved shootings, as well as data on complaints from the public and officer discipline.

Tyler emphasized that Sheriff McDonnell understands that giving the public access to department records will build trust. “We’re moving towards transparency. More access. Real access. It’s a good faith effort to properly balance public safety against all the factors of democracy.”

The LA Times’ Jack Leonard challenged law enforcement’s frequent unwillingness to release officers’ names. “We give police officers a lot of power,” he said. “We invest in them the responsibility and ability to investigate serious crimes, and also we give them the legal right to use deadly and other types of force. Yet, when individual officers are found to have misused that right, we don’t get to find out who the officers are.”

The public has way of knowing how departments deal with personnel issues like sexual misconduct, or officers who have been disciplined for lying, Leonard continued. “We have no idea how departments actually deal with that because it is all secret,” he said, explaining that part of the problem is with state law, not so much individual department policy.

Leonard was referring to the Public Safety Officer Procedural Bill of Rights, sometimes called the Peace Officers Bill of Rights (POBR) which, among other things, prevents public release of officer discipline issues.

On the other side of the legal tug-of-war, the California Public Records Act, in the name of government transparency and accountability, establishes the public’s right to view public records. But it has certain exceptions to the rule. Law enforcement personnel files fall under the “exemptions” category.

During the comments portion of the discussion, the ACLU’s Peter Bibring, who was in the audience, pointed out, that California has less access to police officer records than, say, Texas and Florida, where there is “open access once there’s a finding of misconduct by the department.” Many other states have automatic open access to peace officer records, even misconduct allegations, said Bibring.

Wilcox, the Times’ attorney, added more on the topic. “The police are public employees who have a very unique kind of protection,” she said. “They perform one of the most important roles in society, and yet the transparency that the government has agreed is good, doesn’t apply to them. So while we can get public misconduct information about teachers, we can’t get any information about the people who have the ability to do harm.”

O’Linn said she and her colleagues “encourage our departments not to take what we call a ‘bunker mentality,‘ to hunker down and refuse to ask questions. And they are listening.”

“When my police chiefs terminate someone, they can’t even turn to the rest of the department and explain why,” said O’Linn. “We do encourage departments to be more forthcoming, but they also have to act within the law.”

In the end, much of the issue was about public trust, said moderator Frank Stoltze as the evening drew to a close. “I think the challenging thing is if there’s been misconduct, the public wants to know what’s happening to law enforcement officers who are engaging in bad behavior,” said Stoltze. “I think the question is confidence in law enforcement. The Sheriff’s Department may be taking care of bad cops and firing them, but we don’t know that.”

Posted in Freedom of Information, Jim McDonnell, journalism, LASD, law enforcement | 5 Comments »

Judge Forces Gardena to Release 2013 Video of City’s Cops Shooting Unarmed Man…& More

July 15th, 2015 by Celeste Fremon

On Tuesday, federal Judge Stephen V. Wilson ordered the city of Gardena to release two disturbing videos of Gardena police officers shooting an unarmed man named Ricardo Diaz Zeferino, whose brother’s bicycle had been stolen, causing someone to call the police. As they waited for police to come, Diaz Zeferino and two friends went out to look for the bike but ran into the police instead, who assumed that the three were the bike thieves. The encounter ended with a volley of gunfire that killed Diaz Zeferino and badly injured one of his friends.

The tragedy may have been in part set in motion when the police dispatcher wrongly described the called-in theft as a robbery, suggesting that it involved force.

The June 2, 2013 encounter between the three men and the police was captured by two patrol car-mounted video cameras.

City officials and the Gardena police department have been battling for two years to keep the videos from public view, even though the city had already settled with Diaz Zeferino’s family and others for $4.7 million.

In making his ruling, Judge Wilson was responding to a collective request from the Los Angeles Times, the Associated Press and Bloomberg, which challenged a blanket protective order by 9th Circuit Judge Alex Kozinski, that had prohibited the release of the videos and other evidence in the court case.

LA Times reporters Richard Winton and Joel Rueben have more details.

Here’s a clip:

In unsealing the videos, U.S. District Judge Stephen V. Wilson said the public had an interest in seeing the recordings, especially after the city settled a lawsuit over the shooting for $4.7 million. Wilson rejected last ditch efforts by Gardena attorneys, who argued the city had paid the settlement money in the belief that the videos would remain under seal.

The “defendants’ argument backfires here — the fact that they spent the city’s money, presumably derived from taxes, only strengthens the public’s interest in seeing the videos,” Wilson wrote. “Moreover, while the videos are potentially upsetting and disturbing because of the events they depict, they are not overly gory or graphic in a way that would make them a vehicle for improper purposes.”


Wilson’s decision comes as law enforcement agencies nationwide increasingly have embraced the use of cameras worn by officers and placed in patrol cars to record police interactions with civilians. But few agencies have made their videos public, spurring a debate over the need to balance the privacy of those captured on the recordings and transparency in policing.


On Tuesday, President Barak Obama gave what turned out to be a serious policy speech when he addressed the annual conference of the NAACP in Philadelphia. The speech, which was also broadcast, had criminal justice reform advocates madly tweeting to each other: “Is anybody watching this?!!”

And, Piper Kerman, author of Orange is the New Black, (the book on which the series is based) giddily retweeted nearly all of the post speech tweets of @POTUS.

The enthusiasm was for good reason.

Among the topics @POTUS tackled was the controversy over solitary confinement-—but there was lots more.

The BBC has more. Here’s a clip:

President Barack Obama has called for sweeping reforms to the US criminal justice system including curbing the use of solitary confinement and voting rights for felons.

He said lengthy mandatory minimum sentences should be reduced - or thrown out entirely.

“Mass incarceration makes our entire country worse off, and we need to do something about it,” he said.
Mr Obama urged Congress to pass a sentencing reform bill by year’s end.

On Thursday, Mr Obama will be the first sitting president to visit a federal prison - part of week long focus by the White House on the criminal justice system.

Speaking to a gathering of the National Association for the Advancement of Colored People (NAACP) in Philadelphia, Mr Obama discussed investments in education, alternatives to trials and prison job training programs.

US Attorney General Loretta Lynch has been tasked with reviewing the overuse of solitary confinement, Mr Obama said.

“Do we think it makes sense to lock people up in tiny cells for 23 hours a day? It won’t make us safer and stronger.”

The country should not be tolerating overcrowding in prisons, gang activity or rape, which Mr Obama called “unacceptable”.


Robby Soave writing for the Daily Beast argues that “when the feelings of students are prized above all else,” talented teachers like Rafe Esquith “looking to inject a little personality into the classroom are the first to suffer.”

Here’s a clip about Esquith’s case, but read on for other examples:

Teachers with unusual, engaging methods are often mistreated by the education system—even, like Buchanan, when they win awards. Rafe Esquith, an elementary school teacher at Hobart Boulevard in Los Angeles who won numerous teaching distinctions and was dubbed the world’s most famous teacher by The Washington Post, earned a suspension this year for a familiar reason: he told a joke.

Whereas Buchanan said some mildly provocative things to a bunch of full-grown adults, Esquith made a completely inoffensive remark to a bunch of children. He runs his own nonprofit, puts on productions of Shakespeare plays, and takes his low-income LA students on educational field trips—relying on private donations to fund his activities. In March, Esquith joked with his students that unless he was able to raise more money, they would have to perform the play naked. He made this remark after reading a relevant passage from Huckleberry Finn that concerns a king “prancing out on all fours, naked.”

The joke was essentially harmless. But another teacher overheard it, divined some sinister intention, and reported it to school authorities. Esquith had to cancel his production and sit in a rubber room while administrators interrogated his students about his behavior. A California credentialing committee ruled that Esquith did nothing wrong, but the district still hasn’t let him return to teaching.

Last month, Esquith’s attorneys announced that they were filing a class action suit in behalf of “thousands of well-respected teachers deprived of their rights by the Los Angeles Unified School District.”

Posted in Education, law enforcement, Obama, solitary | 23 Comments »

CA Supremes Rule on Police Privacy v. Defendants’ Rights…The Science of Unfair Justice….The Killingest Prosecutor in the Nation’s Killingest County

July 7th, 2015 by Celeste Fremon


On Monday, July 6, the California Supreme Court ruled that defense attorneys don’t need any extra help from prosecutors in gaining the limited access that the law allows to the disciplinary records of police officers—even if the prosecutor has firm reasons to believe that the records would likely be of exculpatory value to the defendant.

If that sounds confusing….you have apprehended the situation correctly

Okay, here’s the deal. Monday’s ruling had to do with a San Francisco man, Daryl Lee Johnson, who was charged in November 2012 in a domestic violence case with hitting a girl in the head while they were both in a private home and grabbing her cell phone. (We have no idea if Mr. Johnson is guilty or innocent of the charges. That isn’t the point here.)

As the domestic violence case ground its way through the state’s justice system, San Francisco prosecutors learned from members of the SF police department that the two arresting officers in Johnson’s case, who were quite naturally witnesses for the prosecution, had things in their personnel records that could be helpful to the defense.

In that the landmark 1963 Supreme Court ruling of Brady v. Maryland requires prosecutors to turn over to the defense team anything that could be helpful to their client, in the case of Johnson the prosecutors let the defense know that there might be some stuff in both of the cops’ files that the defense ought to know about.

And….that’s when matters got somewhat complicated.

Under state law, the personnel files of peace officers are protected from prying eyes by the Peace Officers Bill of Rights—or POBR. However, if a defense attorney needs access to a cop’s personnel records because they pertain directly to his client’s defense, he or she can request from a judge the files that pertain exactly to the issue at hand, using what is called a “Pitchess” motion (named after the 1974 California decision of Pitchess v. Superior Court that carved out this legal way to access information located in otherwise confidential peace officer personnel records.) Then it is up to the judge to decide which information, if any, should be provided to the defense.

But in the Johnson case, the defense argued that it didn’t know enough about what might be useful in the two cops’ files to be able to make the narrow cast Pitchess motion that most judges require. So could the prosecutor, under the Brady rule, take a look at the files to see if there was something of relevance in there?

Two lower courts agreed that it would be okay for a prosecutor to look at the police files, and then to turn over to the defense (under Brady rules) anything that might affect the defendant’s case, all subject to protective orders, to also preserve confidentiality.

With me so far?

It helps to know that San Francisco is one of about a dozen California counties that have established committees made up of law enforcement officers who are supposed to review officers’ confidential files in order to tell prosecutors if they contain information that might assist a defendant—things like an officer’s history of false statements, the filing of false police reports, or write ups for excessive force.

Part of the argument in the Johnson case is that it is unealistic to expect the police to be the ones who go fishing through their fellow officers’ confidential files with the same rigor that someone else might. So couldn’t the prosecutors, who are after all an arm of the law, do it as part of their Brady obligation?

Although those two lower courts said yes, the California Supremes said: Actually no. Prosecutors were just as bound by the POBR and the Pitchess rules as anybody else.

(The full ruling may be found here.)

Interestingly, according to Bob Egelko of the San Francisco Chronicle, SF District Attorney George Gascón-–who seems refreshingly to believe that one of the prime duties of his office is to seek justice—told the court prior to their ruling that his office would continue to review the police committee reports and seek disclosure of files no matter how Monday’s case turned out.

UPDATE: The LA Times Editorial Board wrote a strong, smart and extremely sensible editorial on the ruling, which appeared early Tuesday morning. It is titled “A Setback for Due Process,” which unhappily is exactly the case.

Here’s clip from the editorial:

Prosecutors are constitutionally bound to share with criminal defendants any evidence that undermines the credibility of their witnesses, including police officers. But if that evidence is locked up in confidential police personnel files — for example, in disciplinary or complaint records — how can the district attorney find out about it to turn it over?

In a disappointing decision, the California Supreme Court on Monday denied prosecutors direct access to police personnel files and, in so doing, exacerbated the continuing tug-of-war between state statutes that protect officer confidentiality and the due process rights guaranteed to the accused by the 14th Amendment and fleshed out in the landmark 1963 case of Brady vs. Maryland.

Under the ruling, police officials in many California jurisdictions will continue to be virtual gate-keepers of potentially exculpatory evidence, deciding on their own which records rise to the level of so-called Brady material that they must flag for prosecutors (who, in turn, decide whether to share it with the defense).

But the police should not be expected to be their own watchdogs. Last year, an appeals court ruled that the district attorney should be able to look through their files — without first obtaining a court order — to search for evidence of dishonesty, bias, excessive force or other factors that could undermine officers’ credibility. Only after Brady material is found would the prosecutor have to make what is known as a Pitchess motion, seeking court permission to disclose the information.

And here, really, is the heart of the matter:

The lower court ruling seemed a workable balance between Brady and Pitchess and recognized that Brady, after all, interprets a federal constitutional right and should take precedence over state statutory protections.

(The italics are mine.) It is disappointing that the otherwise mostly sensible court was so short sighted.

The LA Times board also wrote an earlier, very informative editorial on this whole topic back in late May when the case was being argued in front of the state’s Supreme Court. So be sure to take a look at that too.


Legal scholar Adam Benforado has written a fascinating and important new book called Unfair: The New Science of Criminal Injustice in which he uses findings from psychology and neuroscience to suggests that our criminal justice system is riddled with tragic inequities and wrongful conclusions because of our fundamental misunderstanding of human biases and how our brains work.

On Monday, Benforado was a guest on NPR’s Fresh Air with Dave Davies sitting in for Terry Gross where he explained how, in our flawed justice system “…good people with the best of intentions … can get things terribly, terribly wrong.”

The whole interview is more than worth your while. But here’s a clip to get you started:

DAVIES: There’s a lot of interesting stuff here about how jurors decide who they’re going to believe at trial – prosecutors, witnesses. And a lot of people would not be surprised to find that there are studies that suggest people are more likely to believe a person of their own race. There’s other fascinating stuff. Are attractive people or thin people more likely to – or confident people – more likely to be believed in court?

BENFORADO: Yeah, there is evidence that a lot of physical features play a big role in whether people treats a particular witness as credible or not credible. And that’s worrisome. But I think there’s actually a deeper problem with jurors and that is that the things that we think are determining the outcomes of cases – that is the facts and the law – are often not what determines whether someone is convicted or not convicted, how long a sentence is. What matters most are the particular backgrounds and identities of the jurors.

So I teach criminal law. One of the areas that I teach is rape law, and my casebook takes many pages, discussing all of the different nuances across the different states. And there’s a lot of emphasis on the casebook on the importance of these nuances. It really matters whether we are in a state that recognizes a defense of a reasonably mistaken belief in consent or we’re in a state that doesn’t recognize that particular defense. But when researchers looked into how important the law was to outcomes in, say, a date rape case, what they found was the particular legal nuances didn’t matter at all. What mattered were the backgrounds and experiences of the jurors. What they refer to as cultural cognition. And these subgroups of citizens didn’t break down as expected. It wasn’t that men were far more likely to let the man off in a date rape scenario. It was actually within women that the most interesting break occurred. Women who were older, who were more conservative, who adhere to more traditional gender norms, were far more likely to let the man off in this particular case than women who were liberal and younger. That’s a worry because a lot of what law professors do is emphasize the importance of legal doctrine. It may not be legal doctrine, though, in the criminal law sphere that’s really determining the trajectory of cases.

DAVIES: One of the things we see in court is jurors trying to evaluate whether a witness is testifying truthfully. And they would look for tells, you know, whether the witness appears jittery and whether they shift their eyes a lot or doesn’t make eye contact. And you write that these things – research shows these things really tell us nothing about how truthful someone’s being. In fact, they can mislead us into thinking someone is being truthful when they are not and vice versa. Do the courts encourage jurors to use these, you know, supposedly common sense evaluations of the mannerisms of both defendants and witnesses?

BENFORADO: They absolutely do. And this is one of the real challenges for reform in this area is that it’s not that our legal system just sits back and says nothing about human behavior. It actually weighs in on the side of myth. And so if you’ve ever been a juror and you are called to jury duty, you know that the starting point is this voir dire process where you’re asked a bunch of questions. I was recently called onto jury, although I didn’t make it ultimately onto the jury. And I was asked, you know, these questions of do you have any reason why you would be more or less likely to believe the testimony of a police officer? Now, on the jury pool that I was in, a number of people said yeah, they checked that box. The judge then came up and said, all right, well, let me explain to you what objectivity means. It means that, you know, we all have these feelings, but you’ve just got to put them to the side. Can you do that? Everyone in the jury pool said, yes, of course, judge I can do that. But that’s not how biases work. A lot of them are not subject to introspection and control. And so it’s not just that our legal system is sitting back on the sidelines. It’s actively promoting false notions of human behavior, and that’s really, really damaging…


Caddo Parish, Louisiana, has a population of two hundred and fifty thousand residents. Yet Caddo juries sentence more people to death per capita than juries in any other county in America, writes Rachel Aviv for the New Yorker.

Furthermore, “seventy-seven per cent of those sentenced to death in the past forty years have been black, and nearly half were convicted of killing white victims. A white person has never been sentenced to death for killing a black person.”

Since 2011, Cado prosecutor Dale Cox has been responsible for a third of the death sentences in Louisiana. And he seeks death from a jury, he says, because he believes that vengeance is necessary.

To wit:

Last March, a former colleague of Cox’s published a letter in the Shreveport Times apologizing for causing an innocent black man to spend thirty years on death row. “We are simply incapable of devising a system that can fairly and impartially impose a sentence of death,” he wrote. When a journalist with the paper, Maya Lau, asked Cox for his response, he said that he thought courts should be imposing the death penalty more, not less. “I think we need to kill more people,” he told her. “We’re not considered a society anymore—we’re a jungle.”

Cox does not believe that the death penalty works as a deterrent, but he says that it is justified as revenge. He told me that revenge was a revitalizing force that “brings to us a visceral satisfaction.” He felt that the public’s aversion to the notion had to do with the word itself. “It’s a hard word—it’s like the word ‘hate,’ the word ‘despot,’ the word ‘blood.’ ” He said, “Over time, I have come to the position that revenge is important for society as a whole. We have certain rules that you are expected to abide by, and when you don’t abide by them you have forfeited your right to live among us.”

In her detailed longread story about Cox and his prosecutorial beliefs and style, Aron follows the case of 23-year old Rodricus Crawford whose one-year-old baby, according to Aviv’s reporting, likely died suddenly of pneumonia, not by his father’s hand. By the story’s end, however, rightly or wrongly Crawford has been convicted of murdering his young son and is sentenced to death, with Cox as the prosecutor possessed of formidable Biblical fury, claiming in his closing remarks that Jesus commanded that anyone who killed a child should be killed. Then Cox misquoted Luke 17.2 to prove it.

Here’s how the story opens:

A week after his son turned one, Rodricus Crawford woke up a few minutes before 7 A.M. on the left side of his bed. His son was sleeping on the right side, facing the door. Crawford, who was twenty-three, reached over to wake him up, but the baby didn’t move. He put his ear on his son’s stomach and then began yelling for his mother. “Look at the baby!” he shouted.

Crawford was lanky, with delicate features, high cheekbones, and a patchy goatee. He lived in a small three-bedroom house with his mother, grandmother, uncle, sister, and a younger brother in Mooretown, a neighborhood in Shreveport, Louisiana, bordered by a stretch of factories and next to the airport. His mother, Abbie, a housekeeper at the Quality Inn, rushed into the room and picked up the baby, who was named Roderius, after his father. He looked as if he were asleep, but his forehead felt cool.

Crawford’s uncle called 911, and an operator instructed him to try CPR while they waited for an ambulance. Crawford’s mother and sister took turns pumping the baby’s chest.

“I’m doing it, Ma’am, but he ain’t doing nothing!” Abbie said, out of breath.

The ambulance seemed to be taking too long, so Crawford’s younger brother called 911 on another line. “The baby’s not talking, not breathing, not saying anything,” he said. “Can you get an ambulance?”

They were used to waiting a long time for city services; the alarm could go off at their pastor’s church and ring all night, and the fire department would never come. There was a saying in the neighborhood that the police were never there when you needed them, only when you didn’t. The community was populated almost entirely by black families, many of whom had grown up together. After a few more minutes, Crawford’s brother called 911 again. “We need an ambulance, Ma’am,” he said. “It’s been twenty minutes!”

Not long afterward, another 911 operator called a dispatcher and asked what was happening at the address. “They probably slept on the damn baby,” the dispatcher said. “There’s a hundred folks in that damn house.”

When the ambulance arrived, moments later, Crawford ran out of the house with the baby in his arms. The paramedics put a breathing mask over Roderius’s face, and Crawford thought he saw his son’s eyes open. He tried to climb into the back of the ambulance, but the paramedics shut the doors and told him to stay outside. They couldn’t find a pulse. Roderius’s jaw was stiff and his eyes were milky, a sign that he had been dead for more than an hour. They decided to wait in the ambulance until the police arrived before telling the family….

Read on for the rest of the story that will help you make up your own mind about what you believe happened.

Posted in District Attorney, FBI, How Appealing, law enforcement, Prosecutors, Public Defender | 5 Comments »

Conviction Review Unit for LA, Stun-Cuffs, SCOTUS’ Lethal Injection Ruling and CA’s Death Penalty, and More

June 30th, 2015 by Taylor Walker


On Monday, LA County District Attorney Jackie Lacey announced a new Conviction Review Unit to investigate innocence claims, following a wave of recent exonerations in Los Angeles and across the nation.

The LA County Board of Supervisors approved $1 million to fund the unit, which will consist of three deputy district attorneys, a senior investigator, and a paralegal.

When the DA’s office is presented with potentially exculpatory information, Lacey says, “The responsibility is on us, as prosecutors, to re-examine the facts and…to seek to vacate a wrongful conviction.”

The DA’s office prosecuted a whopping 71,000 felony cases last year. This unit is meant to cover prosecutors’ “margin of error” according to DA Lacey, who told Warren Olney, on his KCRW show Which Way, LA?, that she expects the unit to review around a dozen cases per year.

In 2012, California led the nation in innocence cases, with 119 exonerations since 1989. LA County will join other CA counties with similar units including San Diego, Contra Costa, and Santa Clara.

Here’s how it will work, according to DA Lacey’s website:

The unit will review claims of actual innocence based on newly discovered evidence. These claims may originate from inmates, attorneys or innocence projects. The requests will be made in writing to the District Attorney’s Office. This process will not require the filing of any formal court documents.

If an initial review determines that the claim appears to have merit, a formal investigation will be opened. A prosecutor and investigator will be assigned to review trial transcripts and interview witnesses. If warranted, the case will be presented to the Conviction Review Committee composed of managers similar to the group that reviews death penalty cases.

If the committee decides the office has lost faith in the conviction, prosecutors will seek to have the conviction vacated.


A pair of “stun-cuffs” wrapped around wrists or legs allow officers to send 80,000 volts of electricity through an inmate’s body, remotely. In the video above, an officer at a National Sheriff’s Association meeting eagerly straps his ankles into the cuffs for a demonstration. When the button is pushed, the officer immediately drops to the ground screaming and writhing while his friends laugh and joke about his reaction.

The Atlantic’s Conor Friedersdorf has more on the painful cuffs, and why the officers’ reaction to the demonstration is troubling. Here’s a clip:

The way that the man taking the video laughs as the other man writhes on the ground in uncontrollable spasms and painful screams adeptly captures the part of human nature that leads me to believe that these devices will spread with terrible results.

They’re already used on prisoners in some jurisdictions. The company itself lists some testimonials on its web site. A detention center in San Juan County, New Mexico, demonstrated the device on a prison guard back in 2012. A Missouri sheriff’s department tested a similar device from a different manufacturer in 2013. They too found it extremely amusing to debilitate colleagues with painful shocks. Lots of young men would react similarly, hence my reluctance to let them put devices they approach with jocularity rather than seriousness on people that they disdain.

I am hardly alone in finding stun-cuffs creepy and suggestive of evil––for goodness sakes, Darth Vader seems to have pioneered their use on the Death Star.

Back in the real world, there are a depressing number of news articles about parents arrested for putting shock collars intended for dogs on their children. Of course, no one would equate kids with prisoners acting up in custody. But the stories are narrowly relevant for two reasons: they’re written as though the shocks are self-evidently cruel, though they’re far weaker and less painful than what stun-cuffs deliver; and in at least one instance, a man was arrested for putting a shock collar on his kid that he never used, suggesting that on some level, even law enforcement understands that it isn’t just being shocked that matters in these situations––the burden of knowing that someone has a finger on a button that could deliver a shock at any moment matters too. When these stun-cuffs are preemptively placed on prisoners, those who don’t misbehave will still suffer that psychological trauma; and recall that many prisoners have not yet been convicted of any crime.

Those problems would give pause even if America’s police officers and prison guards were not prone to excessive force and prisoner abuse.


On Monday, in a 5-4 ruling, the US Supreme Court upheld Oklahoma’s three-drug execution method challenged by three OK death row inmates after three lethal injections were botched last year.

This ruling has particular significance in California, where executions on hold for almost ten years may soon resume. California recently agreed to develop a single drug execution method to replace the three-drug cocktail, pending the SCOTUS ruling.

San Jose Mercury’s Howard Mintz has more on the ruling and why it brings CA closer to carrying out executions. (And for more on the issue, read WLA’s pre-SCOTUS-ruling backstory on the original OK case that went before the high court.) Here’s a clip:

Under a recent settlement with families of murder victims, California prison officials agreed to propose a new single-drug execution method within 120 days of the Supreme Court’s ruling in the Oklahoma legal challenge. It would mark the first progress in years toward devising a new execution procedure at San Quentin, where California has not executed a condemned killer in nearly a decade.

By upholding Oklahoma’s controversial three-drug lethal injection method in a 5-4 ruling, the Supreme Court appears to have removed a key legal hurdle for California to rely on some form of lethal drug.

“(It is) a pretty strong green light for California to go forward with whatever lethal injection protocol fits their own regulations and interests,” said Douglas Berman, an Ohio State University law professor and author of the Sentencing Law and Policy blog.

Death penalty opponents expressed alarm that California might resume executions, with one leading group, Death Penalty Focus, sending out an email seeking donations to back efforts to continue legal challenges to lethal injection.

“Today’s decision … starts off a very long, costly and wasteful process in California,” said Ana Zamora, criminal justice policy director for the Northern California ACLU.

The Supreme Court, in a decision written by Justice Samuel Alito, rejected the arguments of death penalty foes that drugs such as those used in Oklahoma risk violating an inmate’s right to a humane execution. “Holding that the 8th Amendment demands the elimination of essentially all risk of pain would effectively outlaw the death penalty altogether,” the court’s conservative majority wrote.


NPR’s Michel Martin hosted an event called “Street and Beats: Personal stories of cops and community from across L.A.” at the Los Angeles Theatre Center to open up communication between former gang members, local law enforcement, artists, and other community figures.

Panelists included actor Richard Cabral, LAPD Captain Ruby Flores Malachi, Yasmeen Muqtasid, the resident of Black Women Matter Inc., LASD senior deputy, Rafer Owens, Grammy-winning East LA rock group, Quetzal, author and journalist, Sam Quinones, and LA Poet Laureate, Luis J. Rodriguez.

Street and Beats is part of an ongoing NPR live event series.

Here are a couple of the discussion topics clipped from KPCC’s write-up of the event:

1. Most cops sign up to serve

L.A. Police Captain Ruby Malachi said she wanted to join the force after a bad personal experience with the police as a teenager. “I wanted to become an officer and make a difference, treat people right. Your first encounter with an officer is a lasting, lifelong impression,” she said.

“Many police officers come on for the right reasons,” Malachi continued. “As tough as it is to police in this day and age, we are extremely proud to wear the badge. And that’s one of the things we’re campaigning at LAPD: let’s show what’s behind the badge.”

“We’re real people,” she said. “We care about the job and came onto the job to serve and protect. That’s what we’re sworn to do.”

“[Serving on LASD] is coming out of yourself and serving the community, people who need you,” said Rafer Owens, Senior Deputy, Los Angeles County Sheriff’s Department. “We are obligated and obliged to serve our community.”

Malachi said that police and the community they serve have to work to solve problems together and that there need to be more positive contacts with police officers. “We should be teaching kids to run towards us for help, not from us.”

2. Communities often don’t see the concern

Yasmeen Muqtasid, President of Black Women Matter Inc., said the good intentions Malachi and Owens described oftentimes aren’t seen by the community.

“For myself as a black woman, for our organization Black Women Matter, and for black people, the ‘Officer Friendly’ doesn’t exist. It never has,” she said.

“When I think about my first interactions with police, it’s seeing family members being beaten to a pulp,” said Muqtasid. “There’s a huge disconnect between what officers say and what the community feels and experiences.”


5. Cops are human and they’re needed by the community

Growing up, Poet Laureate of Los Angeles Luis J. Rodriguez said he felt he and his San Gabriel community were at war with the police. Now, he wants police to be part of the community.

“When I was a crime reporter I learned that cops are under the gun of society that says crime is their problem, and I don’t think that’s true. I think crime is a social, political, and justice issue. I do think police are given the short end of the stick when it comes to that and that they should not be in charge of everything we can’t resolve,” he said.

Posted in Death Penalty, District Attorney, law enforcement | 1 Comment »

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