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Media & Crime & Race…Emotion Makes Bad Law…..Were SF Jail Deputies Behind Inmates Gladiator Fights?…Suing Colorado’s ADX Prison “A Clean Version of Hell”

March 30th, 2015 by Celeste Fremon


DEAR MEDIA, ABOUT THE CRIME & RACE THING…YOU’RE NOT HELPING

We know that, statistically, poor minority defendants fair far less well when they come in contact with the American criminal justice system than do non-minorities.

Now, according to a recent report by Media Matters, it turns out that the media also tends to give disproportionate coverage to crime stories involving African-American suspects, over those involving non-black suspects.

Think progress has more on the story.

Compared to the percentage of crimes they actually commit, African Americans are grossly overrepresented on local news broadcasts about criminal activity, according to a new report from Media Matters for America. In New York City alone, black people make up 75 percent of criminals discussed on local channels, whereas they only make up 51 percent of the actual arrest rate.

Summarizing the report, the Color of Change, a black advocacy organization, concluded that all four [NYC] channels [studied] failed to contextualize the crimes that were reported, making no mention of discriminatory policing that targets African American communities or systemic factors that contribute to crime, such as unemployment. By portraying black people as the vast majority of perpetrators, the news stations detracted from criminal activities perpetrated by non-black persons and fueled racial bias.

Unfortunately, media bias parallels extensive research that shows how African Americans are far more criminalized than their white counterparts, nationwide. One study about “who looks criminal” determined that police officers frequently associate black faces with criminal behavior. According to a 2010 survey, white people overestimated African Americans’ participation in burglaries, illegal drug sales and juvenile crime by 20-30 percent. Additionally, white people support stricter criminal justice policies if they think that more black people are arrested as a result.

There’s more, so read the rest.


EMOTION MAKES FOR BAD LAW—PARTICULARLY WHEN IT COMES TO SEX OFFENDERS

California Proposition 83—otherwise known as Jessica’s Law—passed easily in 2006, and has made a mess ever since, as evidenced by two recent court decisions. Jessica’s law, in case you don’t remember, set down a bunch of regulations and prohibitions about where sex offenders could and could not live after being released from prison. The answer too often was nowhere, which has resulted in homeless sex offenders living on the street, under bridges, in cars—hardly safe situations for anyone.

The LA Times editorial board lays the matter out in a strong and sensible editorial that includes some suggestion solutions.

Here’s how it opens:

Jessica’s Law — California’s version of it, anyway — was a mess from the beginning. Voters here adopted it (as Proposition 83 in 2006 )because they mistakenly believed they were cracking down on horrific crimes against children. They were urged on by nightly harangues from national TV commentators who campaigned on-air for swift action following the rape and murder of 9-year-old Jessica Lunsford in Florida, a crime that touched an especially sensitive nerve here because the circumstances nearly mirrored the nightmarish killing of Polly Klaas in California a decade earlier. But emotional outpourings of fear, revulsion and collective guilt too often translate poorly into policy and law, and that was surely the case with Proposition 83.

The latest reminder of the law’s failure came last week, when state parole officials announced that they would no longer enforce the measure’s blanket ban on paroled sex offenders living within 2,000 feet of a school or park where children regularly gather.

That decision follows a state Supreme Court ruling this month invalidating the ban as it applied in San Diego County.

Californians have every right to protect their children from child molesters, so it would be understandable if they were perplexed by the actions of the court and corrections officials — until they realize that the residency restriction did nothing of the sort.

In fact, it likely undermined public safety for everyone, children included, by pushing paroled sex offenders from their homes and compelling them to live homeless or as transients, leaving the public in the dark as to their whereabouts and making parolees harder for agents to find.

Besides, it is important to remember that the law did not single out child molesters. It did not distinguish parolees at high risk to commit new crimes, or those more likely to target children, from any of the other 6,000 parolees required to register as sex offenders — or indeed any of the approximately 80,000 Californians not on parole but with a sex offense on their record….


SAN FRANCISCO JAIL DEPUTIES ALLEGEDLY FORCED INMATES TO FIGHT WHILE THEY PLACED BETS

San Francisco’s public defender, Jeff Adachi, announced on Thursday that at least four of the county’s jail deputies reportedly had a little side bets on gladiator-like fights they threatened and cajoled inmates into staging.

(Really, people? After all the scandals in and around the jails in LA, you still think this is a good idea?)

In any case, Vivian Ho of the San Francisco Chronicle has the story.

Here’s a clip:

San Francisco sheriff’s deputies arranged and gambled on battles between County Jail inmates, forcing one to train for the fights and telling them to lie if they needed medical attention, the city’s public defender said Thursday.

Since the beginning of March, at least four deputies at County Jail No. 4 at 850 Bryant St. threatened inmates with violence or withheld food if they did not fight each other, gladiator-style, for the entertainment of the deputies, Public Defender Jeff Adachi said.

Adachi said the ringleader in these fights was Deputy Scott Neu, who was accused in 2006 of forcing inmates to perform sexual acts on him. That case was settled out of court.

“I don’t know why he does it, but I just feel like he gets a kick out of it because I just see the look on his face,” said Ricardo Palikiko Garcia, one of the inmates who said he was forced to fight. “It looks like it brings him joy by doing this, while we’re suffering by what he’s doing.”

An attorney for the San Francisco Sheriff’s Association said that the allegations were “exaggerated,” and that what happened was basically “horseplay.”

District Attorney George Gascón called the allegations “deplorable.”

Vivian Ho provides has a lot more about the accusations, so read on.


INMATES KEPT IN ISOLATION IN THE NATION’S SECURITY PRISON: “THEY ARE NOT SURE THEY EXIST AND, IF THEY DO, EXACTLY WHO THEY ARE”

The United States Penitentiary Administrative Maximum Facility in Florence, Colo., known by most as the ADX, is the highest-security prison in the country. Inside ADX you will find such high profile inmates as the Unibomber Ted Kaczynski, the Atlanta Olympics bomber Eric Rudolph, 9/11 conspirator Zacarias Moussaoui, the 1993 World Trade Center bombing mastermind Ramzi Yousef, Oklahoma City bomber Terry Nichols, former Bonanno crime-family boss Vincent Basciano and Michael Swango, a serial-killing doctor who may have poisoned 60 of his patients.

These kind of prisoners, most of whom are doing multiple life sentences, are viewed as having nothing to lose, thus potential violent.

But according to a class action lawsuit filed in June 2012, many of those housed in ADX are not high risk prisoners but inmates who’ve gotten transferred to the prison for a list of less-than-necessary reasons. Moreover, many are mentally ill and the conditions—along with a lack of appropriate care at ADX—make those who come to the facility with mental and emotional problems inevitably grow far worse.

And many of those who come into ADX without serious mental problems, have decompensated mentally and emotionally as a consequence of the extreme isolation to which they are subjected.

Perplexingly, according to the lawsuit, those who are housed in ADX’s Control Units—the most restricted and isolating units in the prison—receive no mental health care or psychotropic medication at all, whatever their needs.

“Currently, the BOP [Bureau of Prisons] turns a blind eye to the needs of the mentally ill at ADX and to deplorable conditions of confinement that are inhumane to these prisoners,” states the 2012 lawsuit knowns as Bicote v. The Federal Bureau of Prisons. “No civilized society treats its mentally ill citizens with such deliberate indifference to their plight.”

In Sunday’s New York Times Magazine, reporter Mark Benelli writes a long and affecting story about what it’s like inside “America’s Toughest Prison,” and about the conditions and the prisoners that persuaded attorneys Deborah Golden, the director of the D.C. Prisoners’ Project, and Ed Aro, a cowboy-styled super lawyer from Denver, to file a lawsuit that most considered unwinnable.

Here are some clips:

Robert Hood, the warden of the ADX from 2002 to 2005, told me that when he first arrived on the campus, he was struck by “the very stark environment,” unlike any other prison in which he ever worked or visited — no noise, no mess, no prisoners walking the hallways. When inmates complained to him, he would tell them, “This place is not designed for humanity,” he recalled. “When it’s 23 hours a day in a room with a slit of a window where you can’t even see the Rocky Mountains — let’s be candid here. It’s not designed for rehabilitation. Period. End of story.”

Hood was not trying to be cruel with such frankness. The ADX was built explicitly to house men often already serving multiple life sentences and thus facing little disincentive to, say, murder a guard or another prisoner. Still, during his own tenure, Hood said he made a point of developing one-on-one relationships with as many inmates as possible — he described Salvatore (Sammy the Bull) Gravano as “a very likable guy, believe it or not,” and he bonded with the Unabomber over their shared interest in running marathons — in hopes of eliciting good behavior in exchange for whatever he could do to make their sentences more bearable. But he also needed them to understand that even as warden, he lacked the authority to change the rules of their confinement. In the past, Hood has memorably described the ADX as “a clean version of hell.”

[CLIP]

A Colorado native who looks the part, attorney [Ed] Aro, 50, favors cowboy boots and fleece jackets, and his cheeks have the ruddy, slightly cured quality of a man who enjoys vigorous exercise at high altitudes. “Juries are my stock in trade,” he told me. “They bring me in when the story is complicated and there’s not going to be a settlement and they need someone to tell a convincing narrative. With this case, I worried, How do you weave a narrative and humanize people at a prison like this?”

As he tried to get a handle on the lawsuit, he made the two-hour drive to Florence nearly every week. For years, conditions inside the ADX had remained largely a mystery; from 2002 on, the Amnesty report noted, ADX officials denied every media request for a visit or prisoner interview, aside from a restricted tour in 2007. (The B.O.P. declined to comment for this article or to allow a site visit.) Aro assumed he would find a small number of prisoners who had somehow slipped through the cracks. “The thing that shocked me most was how massive the problem was,” Aro said. “The ADX is the most closely monitored and evaluated subset of the prison population in the entire country. With the extent of the problem, it’s incomprehensible to me that the B.O.P. didn’t notice what was going on.” How, Aro wondered, did the toughest prison in the United States become a mental asylum — one incapable of controlling its own population?

He enlisted Dr. Doris Gundersen, a Denver-based forensic psychiatrist, who was allowed inside the ADX as part of his legal team. After evaluating 45 prisoners, she estimated that 70 percent met the criteria for at least one serious mental illness. She and Aro spoke to inmates who swallowed razor blades, inmates who were left for days or weeks shackled to their beds (where they were routinely allowed to soil themselves), an inmate who ate his own feces so regularly that staff psychiatrists made a special note only when he did so with unusual “voracity.” A number of prisoners were taken off prescribed medications. (Until recently prison regulations forbade the placement of inmates on psychotropic medication in the Control Unit, the most restrictive section of the ADX, as, by definition, such medication implies severe mental illness.) Others claimed that they were denied treatment, aside from “therapy classes” on the prison television’s educational station and workbooks with titles like “Cage Your Rage,” despite repeated written requests. (The ADX lawsuit says that only two psychologists and one part-time psychiatrist serve the entire prison.)

Gunderson and Aro met one inmate, Marcellus Washington, sentenced to life for carjacking and armed robbery, who slashed his wrists in a suicide attempt and was punished for it: He lost his television and radio privileges for several weeks. They met another inmate, Herbert Perkins, also serving life for armed robbery, who, after slashing his throat with a razor and being rushed to a hospital, was returned to the same cell, given a mop and bucket and ordered to clean up the blood.

Binelli’s story is a longread, but it’s fascinating as well as alarming and well worth your time.

The Atlantic’s Andrw Cohn also wrote an excellent series on ADX and the lawsuit. It begins here.

Here’s how Cohen’s series opens with the harrowing tale of then ADX inmate Jack Powers:

When Jack Powers arrived at maximum-security federal prison in Atlanta in 1990 after a bank robbery conviction, he had never displayed symptoms of or been treated for mental illness. Still in custody a few years later, he witnessed three inmates, believed to be members of the Aryan Brotherhood gang, kill another inmate. Powers tried to help the victim get medical attention, and was quickly transferred to a segregated unit for his safety, but it didn’t stop the gang’s members from quickly threatening him.

Not then. And certainly not after Powers testified (not once but twice) for the federal government against the assailants. The threats against him continued and Powers was soon transferred to a federal prison in Pennsylvania, where he was threatened even after he was put into protective custody. By this time, Powers had developed insomnia and anxiety attacks and was diagnosed by a prison psychologist as suffering from Post-Traumatic Stress Disorder.

Instead of giving Powers medicine, or proper mental health therapy, officials transferred him yet again, this time to another federal prison in New Jersey. There, Powers was informed by officials that he would be removed from a witness protection program and transferred back into the prison’s general population. Fearing for his life, Powers escaped. When he was recaptured two days later he was sent to ADX-Florence, part of a sprawling prison complex near Florence, Colorado often referred to as “ADX” or Supermax,” America’s most famous and secure federal prison.

From there, things got worse. The Supermax complex, made up of different secure prison units and facilities, is laden with members of the Brotherhood and Powers was no safer than he had been anywhere else. Over and over again he was threatened at the Colorado prison. Over and over again he injured or mutilated himself in response. Over and over again he was transferred to federal government’s special mental health prison facility in Missouri, diagnosed with PTSD, and given medication. Over and over again that medication was taken away when he came back to Supermax.

As he sits today in Supermax, Powers had amputated his fingers, a testicle, his scrotum and his earlobes, has cut his Achilles tendon, and had tried several times to kill himself. Those tattoos you see? Powers had none until 2009, when he started mutilating with a razor and carbon paper. He did much of this — including biting off his pinkie and cutting skin off his face — in the Control Unit at ADX while prison officials consistently refused to treat his diagnosed mental illness. Rules are rules, prison officials told him, and no prisoners in that unit were to be given psychotropic medicine no matter how badly they needed it.


Posted in Civil Liberties, crime and punishment, jail, media, prison policy, race, race and class | No Comments »

John Oliver Blasts Municipal Fine Swindle-System, LAPD Empathy Training, LA City Crime Rates, and Former LA DA Paid to Lobby for New Jail

March 25th, 2015 by Taylor Walker

JOHN OLIVER SHINES A LIGHT ON MUNICIPAL FINES AS ABUSIVE MEANS TO FUND CITIES

Many cities use the revenue from tickets for municipal violations to fund public services, and happily heap on further penalties for inability to pay—fines for the fines. Obviously, this system disproportionately affects the poor. In addition to incurring impossible debt, people who cannot pay their tickets can also lose their drivers licenses in many states. This, in turn, means that they can no longer drive to a job to earn money to funnel into the city’s coffers, and the pockets of private probation debt-collecting companies. Sometimes an inability to pay these fines can even land them in (debtor’s) prison.

On Last Week Tonight John Oliver took on the issue, sharing some deeply troubling tales, including the story of a grandmother who racked up thousands of dollars in insurmountable late fines. The grandmother lost her car, lost her license, and spent ten days in jail.

We highly suggest watching the above segment in its entirety.


NEW LAPD TRAINING: EMPATHIZING TO DE-ESCALATE

LAPD officers are receiving a new one-week empathy-focused training on how to de-escalate encounters with people who are mentally ill and showing signs of aggression. The goal to equip cops with better techniques for interacting with people suffering a mental health crisis who do not pose an immediate threat, to avoid unnecessary use of lethal force. Officers are taught to use humor, first names, and other non-threatening conversational strategies while slowly backing away. The safety of officers and the public are, of course, still of highest priority.

Participants are also taught about various types of mental disorders they may come in contact with. Thus far about 1,000 of the 10,000 sworn have taken the new course.

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

The scene was tense: Two Los Angeles Police officers approach a man yelling and screaming at the end of a cul de sac. He looks angry and aggressive as he paces back and forth in the middle of the street.

“I just got back two weeks ago,” he shouts. “Two weeks ago!” The man is an Iraq War veteran.

“Tell me about it,” an officer calmly asks. He is met with anger. “What are you trying to do? Don’t try to talk to me. Nobody understands what it was like over there.”

“Sir, I’m here to help you,” the officer responds. He watches the man’s hands closely to see if he grabs a weapon.

The man is unarmed. He starts to calm down.

Suddenly, lights come on.

The two officers are standing in front of a screen inside the LAPD’s “force option” simulator.

[SNIP]

Peter Moskos, who teaches at New York’s John Jay College of Criminal Justice, said the techniques taught at this class only work if everyone uses them.

Too often, he said, a patrol officer may be bringing down the stress when a more aggressive “obnoxious” cop swoops in and makes a mess of things.

“This frustrates cops to no end,” said Moskos, a former Baltimore City police officer. “You could be de-escalating the scene, and someone in your squad shows up, and you go, ‘Oh, my god, now it’s going to explode, because they just don’t know how to talk to people.’ Because they don’t have that empathy.”


BIG FLUCTUATIONS IN LOS ANGELES CRIME RATES

The LAPD reported Tuesday that shootings have risen 31% (54 incidents) over last year. Violent crime went up 27% overall, and property crime increased 12%. Several other types of crime experienced similar spikes. Homicides, however, dropped 2%.

The sizable disparity in crime numbers may be due, in part, to the LAPD correcting crime classification issues (more on that here), but it’s hard to tell this early. Department officials believe gang-related violence may be behind the the jump in shootings.

The LA Times’ Richard Winton and Ben Poston have more on the numbers. Here’s a clip:

“We are putting our officers in corridors that are the hottest for crime,” said Assistant Chief Jorge Villegas.

The department is also relying more on crime data to help predict where hot spots might develop and deploy extra resources there, Beck said.

[SNIP]

Officials said fixing the classification process has resulted in more serious assault cases on the books.

But the crime increase in 2015 goes beyond this one offense.

Villegas cited a jump in robberies, particularly in downtown L.A. and surrounding areas. Robberies are up 19% citywide compared to this time last year. Police have reported 7% more rapes this year compared to 2014.

Some of the crime, Villegas said, is connected with the skid row homeless population fighting over territory as well as an increase in street crime. Central Division, which includes skid row, has recorded a 73% surge in violent crime this year compared to 2014.


FORMER LA DISTRICT ATTORNEY STEVE COOLEY LOBBYING FOR NEW JAIL DEAL

Former LA County District Attorney Steve Cooley has taken up lobbying for an Adelanto jail plan…for pay.

Back in December, the Adelanto City Council voted 4-1 in favor of building a new 3,264-bed jail, with the idea that LA County would lease the $324 million facility and fork over what, for the small San Bernardino city, would be some much-needed cash.

Private developer Doctor R. Crants hired the former DA to throw his weight behind the controversial jail proposal, and hopes to pitch the idea to the LA County Board of Supervisors as soon as possible.

The Hesperia Star’s Brooke Self has more on the issue. Here’s a clip:

“We’re working on it (but) we haven’t been able to schedule a vote yet (with the Board of Supervisors),” Johns said about progress and potential support from LA County. “We (hope) to be able to have a presentation with the Sheriff next week. Once we meet with the Sheriff and get the green light there — we won’t go to the Supervisors until we get encouragement from the Sheriff.”
When asked how he thought Cooley’s influence might impact L.A. County’s decision, Johns said “trust me, we wouldn’t hire him if we didn’t think so.”

“He’s one of the foremost public safety officials in the state,” Johns said of Cooley. “He’s been serving in that capacity for a very long time. I would think his support would be meaningful for those people looking to receive direction and input. I think he’ll be very helpful.”

Cooley, 67, was the longest-serving DA in L.A. County history, serving from 2000 to 2012. He worked for 39 years and four months as a county prosecutor. Last year, he was a public supporter of new L.A. County Sheriff Jim McDonnell’s successful campaign for the top law enforcement post.

McDonnell’s office is in charge of producing the county’s jail plans and making recommendations to the Board of Supervisors. On Thursday, Cooley said the two have been friends for 15 years, but he didn’t believe that there were any ethical concerns with him lobbying his office.

“I don’t have legal issues,” Cooley said. “I’m a private person, an attorney to practice law. I have some degree of expertise in this arena and I can advocate for whatever I think is in the client’s best interest. And certainly this is in the county’s best interest. The fact that I have a 15-year relationship with the county Sheriff is irrelevant. Adelanto wasn’t even a blip on my radar screen when I was out there supporting McDonnell. Any suggestion of any ethical issues are misplaced and not even logical. When I do register as an L.A. County lobbyist, then certain rules come into place and I’ll honor those rules.”

Posted in District Attorney, jail, Jim McDonnell, LAPD, Mental Illness, prison policy, racial justice | No Comments »

The Trauma Files: You Too Can Take the ACEs Test…Now That We’re Finally Having a Serious Conversation About the Effects of Childhood Trauma

March 6th, 2015 by Celeste Fremon



Several times a year, I am asked to speak about juvenile justice issues at classrooms
full of graduate students studying public policy, or some similar subject. These days when I talk about criminal justice–juvenile or otherwise—I always bring up the issue of trauma.

I trot out the results of research showing that kids in the juvenile justice system are 8 times more likely to suffer from post traumatic stress disorder—PTSD—than non-incarcerated kids in the community.

I note that the prevalence of PTSD is higher among girls in the justice system (49%) than among boys in the system (32%).

I explain that for school age kids, PTSD can look a lot like attention-deficit disorder, with the accompanying lack of concentration, resulting poor grades, plus the kind of inability to sit still that often leads to school discipline.

Then I tell the students that there is a newer way to look at the kind of extreme stress and trauma that can cause PTSD in kids—along with related difficulties in school performance, behavior and so on.

It is called Adverse Childhood Experiences—OR ACEs.

(We’ve written about ACEs in the past here and here and here.)


THE ORIGINAL ACEs STUDY

In the late 1990s, Vincent Felitti, founder of the Department of Preventive Medicine for Kaiser Permanente in San Diego, and Robert Anda of the US Centers for Disease Control, conducted a landmark study that examined the effects of what they termed adverse childhood experiences–ACEs—things like abuse, neglect, domestic violence and other forms of family dysfunction and catastrophe.

Felitti and Anda studied around 17,000 people in all, the majority of whom were white, well-educated, and middle class or above. Each subject was asked to answer a series of questions about highly stressful events or conditions in their childhood, along with another basic set of questions about physical and emotional issues in their adulthood.

When the researchers analyzed the resulting data, they found find a powerful connection between the level of adversity faced and the incidence of many health and social problems. The two also discovered that ACEs were more common than they had expected. About 40 percent of Felitti and Anda’s respondents reported two or more ACEs, and 25 percent reported three or more.

Since then, similar studies and surveys have been conducted in several states, with findings that are either consistent, or more dramatic.

It is at around this point in my lecture that I ask the class members if they’d like to take an ACEs test themselves.

It isn’t the full test that Felitti and Anda gave, only a 10-question quiz, but it will still give them a good idea of what we’re talking about.


YOU TOO CAN TAKE THE ACES QUIZ

If you click the link below you can take it yourselves.

ACES 10 Q QUIZ

Of course there are other significant forms of childhood trauma that are not listed in the quiz: having a friend killed, repeated exposure to community violence, surviving and recovering from a severe accident, being the subject of severe bullying or violence by a friend or acquaintance….and so on.

Moreover, the test doesn’t measure traumatic events occurring in young adulthood, or adulthood, which can compound the effects of earlier trauma, or cause it’s own after effects.

Yet it’s a good place to start.


SCORING TRAUMA

After everyone has finished and privately noted their personal scores, we talk further about how trauma is the unacknowledged elephant in the room when it comes to the subjects of school discipline, justice policy, prisoner reentry, etc., and also, as it turns out, when it comes to physical health.

I tell stories about the young men and women I got to know during my first few years of gang reporting in the early 1990′s, and how their ACEs scores were off the charts. And now, 20 years later, many of them are struggling with the physical and emotional issues that the first ACEs study described.

When we talk about criminal justice policy reform, juvenile justice reform, school discipline reform, prisoner reentry, we also have to have the conversation about trauma, I say.

When the class is over, there is inevitably a cluster of students who want to talk more. Once we’ve chatted a little, I ask those who have lingered behind if they’d be willing to reveal their own ACE scores; what they tell me no longer surprises: ….5….6…7….

And in the last class at which I lectured, one obviously bright woman took a breath and said… “10.”

(Her story is an interesting one and I hope to persuade her to write about it for WLA)


BRINGING ACES INTO THE LIGHT

I bring all this up because this week NPR’s Laura Starecheski produced an excellent three part series for All Things Considered about the world of ACEs, which will further explain why this topic is something we should all know more about.

Part 1 is titled Can Family Secrets Make You Sick and it talks about the Felitti/Anda study, and how it was received—when it first came out, and now.

Here a clip.

In the 1980s, Dr. Vincent Felitti, now director of the California Institute of Preventive Medicine in San Diego, discovered something potentially revolutionary about the ripple effects of child sexual abuse. He discovered it while trying to solve a very different health problem: helping severely obese people lose weight.

Felitti, a specialist in preventive medicine, was trying out a new liquid diet treatment among patients at a Kaiser Permanente clinic. And it worked really well. The severely obese patients who stuck to it lost as much as 300 pounds in a year.

“Oh yeah, this was really quite extraordinary,” recalls Felitti.

But then, some of the patients who’d lost the most weight quit the treatment and gained back all the weight — faster than they’d lost it. Felitti couldn’t figure out why. So he started asking questions.

First, one person told him she’d been sexually abused as a kid. Then another.

“You know, I remember thinking, ‘Well, my God, this is the second incest case I’ve seen in [then] 23 years of practice,’ ” Felitti says. “And so I started routinely inquiring about childhood sexual abuse, and I was really floored.”

More than half of the 300 or so patients said yes, they too had been abused.

Felitti wondered if he’d discovered one of the keys to some cases of obesity and all the health problems that go along with it.


THE FIFTEEN YEAR GAP

In Part 2, NPR and Starecheski offered their own interactive ACEs test and what the scores mean.

Part 3 is titled 10 Questions Some Doctors are Afraid to Ask

I met Felitti last fall and he said that when he and Anda first published their results in the late 1990s, they expected an overwhelming response from the medical community.

Instead for the next fifteen years they got….crickets.

Here’s what the CDC’s Anda told Starecheski:

“I thought that people would flock to this information,” Anda says, “and be knocking on our doors, saying, ‘Tell us more. We want to use it.’ And the initial reaction was really — silence.”

In fact, it took a long time to even get the study published. A number of top medical journals rejected the article, Anda says, “because there was intense skepticism.”

Here are some clips from the rest of the story:

For one thing, doctors aren’t taught about ACE scores in medical school. Some physicians wonder what the point would be, as the past can’t be undone. There also is no way to bill for the test, and no standard protocol for what a doctor should do with the results.

But Felitti thinks there’s an even bigger reason why the screening tool largely has been ignored by American medicine: “personal discomfort on the part of physicians.”

Some doctors think the ACE questions are too invasive, Felitti says. They worry that asking such questions will lead to tears and relived trauma … emotions and experiences that are hard to deal with in a typically time-crunched office visit.

[SNIP]

According to Dr. Jeff Brenner, a family doctor and MacArthur Fellows award-winner in Camden, N.J., getting these rough measures of adversity from patients potentially could help the whole health care system understand patients better.

The ACE score, Brenner says, is “still really the best predictor we’ve found for health spending, health utilization; for smoking, alcoholism, substance abuse. It’s a pretty remarkable set of activities that health care talks about all the time.”

Brenner won his MacArthur fellowship in 2013 for his work on how to treat the most complicated, expensive patients in his city — people who often have high ACE scores, he found.

“I can’t imagine, 10, 15 years from now, a health care system that doesn’t routinely use the ACE scores,” he says. “I just can’t imagine that.”

Brenner only learned about ACE scores a few years ago, and says he regrets not integrating the tool into his practice sooner. But like most doctors, he says, he was taught in medical school to not “pull the lid off something you don’t have the training, time or ability to handle.”

In theory, Brenner says, talking to patients about adverse childhood experiences shouldn’t be any different than asking them about domestic violence or their drinking — awkward topics that doctors routinely broach now.


KANSAS CITY TRIES “TRAUMA INFORMED” CARE FOR KIDS

The good news is that there are some promising programs popping up all around the nation, including a number in California, which make use of what we know about the effects of childhood trauma.

For instance, we’ve talked several times about Dr. Nadine Burke Harris, and her remarkable pediatric practice in San Francisco. And there is this pediatric program in Kansas City, profiled by Eric Adler for the Kansas City Star. Here’s a clip:

Never mind the little girl’s name. What’s important is that she was about 10 years old and all the doctors she had seen month after month had failed to ease her pain.

The girl’s stomach wrenched. Her chest tightened. Her skull seared with lightning-bolt headaches.

Then at Children’s Mercy Hospital, pediatrician Lisa Spector decided to probe with a different set of questions. Instead of asking what was wrong physically, Spector asked the girl what had happened to her in her young life. Quickly, the crux of her pain became clear:

Trauma.

“It was impacting her physical and mental health,” Spector said.

At school, she was bullied. At home, she witnessed repeated domestic violence. She talked of her dad belittling and abusing her emotionally. She recently had been a victim of an attempted carjacking; the thief fled after seeing her in the back seat.

Day to day, she was living a tense and unsure existence that was translating itself into hobbling pain.

That the child’s troubles ultimately eased not with medication but with counseling can be credited to a serious effort by Children’s Mercy to focus on “trauma-informed” care.

For a growing number of children across the country, the approach has become the key to their emotional and mental health, “the most important thing we can do for people,” said Marsha Morgan, chief operating officer for behavioral health at Truman Medical Center.

Trauma-informed care focuses on the notion that a traumatic event in childhood, either experienced or witnessed, can alter the biology of the brain. A trauma-informed strategy works on multiple fronts — using counseling and changes to one’s personal interactions and environment — to lessen or bypass those negative associations while forming new and more positive associative pathways in the brain.

“I’ve worked in this field for over 42 years, and this is the most important thing I’ve ever done,” Dr. Morgan told Adler as they talked about the hospital’s trauma work.

We’ll be talking more about trauma, its effects,. and what can be done to prevent and address them, as we profile more of important programs over the coming weeks and months

Posted in ACEs, Community Health, juvenile justice, mental health, prison policy, PTSD, Public Health, School to Prison Pipeline, Trauma, Zero Tolerance and School Discipline | No Comments »

Skid Row Shooting Points to Larger Problems…..Attica Dramas, Past & Present…CA Supremes Overturn Sex Offender Housing Law…..Holder’s To Do List

March 3rd, 2015 by Celeste Fremon

TWO BODY CAMERAS IN SKID ROW SHOOTING REPORTEDLY OFFER TELLING INFO, AS DEADLY INCIDENT POINTS TO LARGER PROBLEMS, EXPERTS SAY

The above video of Sunday’s fatal shooting of a mentally ill Skid Row man by officers of the Los Angeles Police Department is the original one shot by a bystander that’s gone viral on YouTube, not one of the body cam videos that are expected to play a role in determining what actually happened, and if use of deadly force could have been avoided.

The shooting, which has inevitably sparked controversy, was covered by at least two amateur videos as well as the security camera of the Union Rescue Mission, and two body cameras worn by LAPD officers who activated their devices prior to the action.

While the LAPD has not yet released the body cam videos, LA Times’ Kate Mather and Richard Winton talked to police sources who have reviewed the videos. Here is a clip from the story outlining what Winton and Mather learned:

Footage from body cameras worn by an LAPD officer and a sergeant involved in Sunday’s deadly shooting in downtown’s skid row does not show whether the man reached for an officer’s gun, law enforcement sources said.

But three sources who reviewed the footage from the chest-mounted cameras said the video was still consistent with accounts that the man did grab an officer’s holstered pistol.

One source said an officer is heard on the video shouting “He’s got my gun” multiple times. The footage then shows the officers pulling away from the man as though his actions posed a threat, the sources said.

The sources requested anonymity because they were not allowed to publicly discuss the ongoing investigation into the shooting.

The new information comes a day after an LAPD sergeant and two officers shot and killed a man in downtown’s skid row, an area heavily populated by homeless people.

The LAPD has said the officers were responding to a 911 call about a robbery and that the man tried to fight the officers after they approached him. During the struggle, the LAPD said, the man reached for a probationary officer’s holstered pistol, prompting police to open fire.

In a press conference on Monday, LAPD Chief Charlie Beck showed a still photo from the bystander’s video that appears to show the homeless man reaching for an officer’s weapon. Beck also said that two of the officers involved were among those had received extensive training in dealing with the mentally ill.

Reverend Andy Bales, the highly respected executive director of the nearby Union Rescue Mission, who said he knew the homeless man shot by officers, who called himself “Africa, told reporters that Skid Row is becoming an increasingly difficult area to police due to the influx of homeless from elsewhere in LA County where officials, rather than deal with their own homeless residents, send them to Skid Row. Bales called current conditions the worst he’s seen.

LAPD Officer Deon Joseph, who has been widely praised for his own longterm work on Skid Row, echoed many of Bales’ observations on his Facebook page on Monday regarding the about the newly dire nature of conditions for LA’s homeless. (Joseph was not present at the shooting on Sunday.) The current system “is failing the mentally ill,” he wrote, “it is failing the community they live in, as well as the officers who serve them.”

URM’s Bales went further and strongly recommended far more training for law enforcement, and that the specially trained officers be allowed to take the lead in approaching homeless who are likely mentally ill, while armed officers wait nearby.

The veteran homeless expert told the LA Times columnist Sandy Banks that he’s frequently seen encounters similar to Sunday’s go wrong, “because the officers are all using one hand to protect their guns.”


A BEATDOWN OF AN INMATE INSIDE ATTICA PRISON BY GUARDS WAKES OLD GHOSTS AND RESULTS IN NEW CHARGES—AND A VERY UNEXPECTED SETTLEMENT

Built in the 1930′s, the supermax prison located in Attica, New York, seems to have more than the usual number of ghosts—vivid collective memories that still haunt nearly everyone locked up in or working at the place.

Attica Correctional Facility entered the national lexicon in September 9, 1971 when, after weeks of tension, the inmates rioted and took over the facility, beating a guard fatally in the process. Although guards took most of the prison back within hours, 1,281 convicts retained control of an exercise field called D Yard, where they held 39 prison guards and employees hostage for four days. When negotiations stalled, state police and prison officers launched a disastrous raid on September 13, in which 10 hostages and 29 inmates were killed in an uncontrolled storm of bullets.

A total of 43 people died. That number included the original guard killed by inmates, William Quinn, and three inmates who were beaten to death by other prisoners. The extensive investigation that followed showed that the rest were killed by gunfire, and that the inmates never had access to firearms.

The terrible riot happened nearly 45 years ago. But now a new case of a brutal inmate beatomg by guards has resurrected many of the old ghosts.

A story by Tom Robbins, for both the Marshall Project and the New York Times, investigates the more recent incident, and also looks at it’s psychological resonance with the past.

The story concerns an inmate named George Williams, a 29-year-old African American man from New Jersey who was doing two to four years for robbing two jewelry stores in Manhattan. What happened to Williams occurred around 30 minutes after a noisy verbal exchange between a guard and an inmate, in which the guard swore, and the inmate swore back, then added a disrespectful and obscene suggestion, after the swearing.

Here are some clips detailing what happened next:

Inmates were immediately ordered to retreat to their cells and “lock in.” Thirty minutes later, three officers, led by a sergeant, marched down the corridor. They stopped at the cell of George Williams, a 29-year-old African-American from New Jersey who was serving a sentence of two to four years for robbing two jewelry stores in Manhattan.

Mr. Williams had been transferred to Attica that January following an altercation with other inmates at a different facility. He had just four months to serve before he was to be released. He was doing his best to stay out of trouble. His plan was to go home to New Brunswick and try to find work as a barber. That evening, Mr. Williams remembers, he had been in his cell watching the rap stars Lil Wayne and Young Jeezy on television, and missed the shouting on the cellblock. The guards ordered him to strip for a search and then marched him down the hall to a darkened dayroom used for meetings and classes for what they told him would be a urine test.

[SNIP]

Mr. Williams was wondering why a sergeant would be doing the grunt work of conducting an impromptu drug test when, he said, a fist hammered him hard on the right side of his rib cage. He doubled up, collapsing to the floor. More blows rained down. Mr. Williams tried to curl up to protect himself from the pummeling of batons, fists and kicks. Someone jumped on his ankle. He screamed in pain. He opened his eyes to see a guard aiming a kick at his head, as though punting a football. I’m going to die here, he thought.

Inmates in cells across from the dayroom watched the attack, among them a convict named Charles Bisesi, 67, who saw Mr. Williams pitched face-first onto the floor. He saw guards kick Mr. Williams in the head and face, and strike him with their heavy wooden batons. Mr. Bisesi estimated that Mr. Williams had been kicked up to 50 times, and struck with a dozen more blows from nightsticks, thwacks delivered with such force that Mr. Bisesi could hear the thud as wood hit flesh. He also heard Mr. Williams begging for his life, cries loud enough that prisoners two floors below heard them as well.

A couple of minutes after the beating began, one of the guards loudly rapped his baton on the floor. At the signal, more guards rushed upstairs and into the dayroom. Witnesses differed on the number. Some said that as many as 12 officers had plunged into the scrum. Others recalled seeing two or three. All agreed that when they were finished, Mr. Williams could not walk.

His ordeal is the subject of an unprecedented trial scheduled to open on Monday in western New York. Three guards — Sergeant Warner and Officers Rademacher and Swack — face charges stemming from the beating that night. All three have pleaded not guilty. An examination of this case and dozens of others offers a vivid lesson in the intractable culture of prison brutality, especially given the notoriety of Attica…

[SNIP]

After the beating ended, an inmate who was across from the dayroom, Maurice Mayfield, watched as an officer stepped on a plastic safety razor and pried out the blade. “We got the weapon,” Mr. Mayfield heard the guard yell.

Mr. Williams was handcuffed and pulled to the top of a staircase. “Walk down or we’ll push you down,” he heard someone say. He could not walk, he answered. His ankle was broken. As he spoke, he was shoved from behind. He plunged down the stairs, crashing onto his shoulder at the bottom. When guards picked him up again, he said, one of them grabbed his head and smashed his face into the wall. He was left there, staring at the splatter of his own blood on the wall in front of him.

An extensive investigation resulted. And on December 13, 2011, a New York state grand jury handed down criminal indictments against four Attica guards.

Inmates at Attica were stunned by the indictments as well. To them, the remarkable thing about the beating Mr. Williams endured that August night was not the cynical way in which it seemed to have been planned, or even the horrific extent of his injuries. What was truly notable was that the story got out, and that officers had been arrested and charged.

“What they did? How they jumped that guy? That was normal,” said a prisoner who has spent more than 20 years inside Attica. “It happens all the time,” he said. That view was echoed in interviews with more than three dozen current and former Attica inmates, many of whom made the rounds of the state’s toughest prisons during their incarceration. They cited Attica as the most fearsome place they had been held, a facility where a small group of correction officers dole out harsh punishment largely with impunity. Those still confined there talked about it with trepidation. If quoted by name, retaliation was certain, they said.

Those now beyond the reach of the batons described life at Attica in detail. Antonio Yarbough, 39, spent 20 years in the prison after being convicted of a multiple murder of which he was exonerated in 2014. Unlike Mr. Williams, Mr. Yarbough could go head-to-head with the biggest of Attica’s guards: He is 6-foot-3 and 250 pounds. But he said that fear of those in charge was a constant. “You’re scared to go to the yard, scared to go to chow. You just stay in your house,” he said, using prison slang for a cell.

That fear was palpable to Soffiyah Elijah when she visited Attica a few months before the beating of Mr. Williams as the Correctional Association’s newly appointed executive director. The organization holds a unique right under state law that allows it to inspect state prisons. “What struck me when I walked the tiers of Attica was that every person, bar none, talked about how the guards were brutalizing them,” Ms. Elijah said. “There are atrocities as well at Clinton and Auburn, but the problem is systemic at Attica.” In 2012, the association began calling for Attica to be shut down. “I believe it’s beyond repair,” Ms. Elijah said.

On Monday, a day after the publication of the above story, the case was unexpectedly settled when three of the guards accused of beating Williams so severely that doctors had to insert a plate and six pins into his leg, each pleaded guilty to a single misdemeanor charge of misconduct. Tom Robbins and Lauren D’Avolio report for the New York Times about the last-minute plea deal that spared the three any jail or prison time in exchange for quitting their jobs.


CALIFORNIA STATE SUPREME COURT RULES AGAINST LAW SEVERELY RESTRICTING WHERE SEX OFFENDERS CAN LIVE

On Monday, in a unanimous decision, the California Supreme Court ruled that the residence restrictions imposed by the the 2006 voter approved Sexual Predator Punishment and Control Act—AKA Jessica’s Law—violate the constitutional protections laid out in the 14th Amendment.

Jessica’s Law prevents registered sex offenders from living within 2000 feet of a school or park where children gather, regardless of whether or not the offenders’ crimes involved children, or if the offender’s crimes suggested he or she posed any kind of credible future threat.

The law was challenged by four sex offender parolees in San Diego County who contended that the restrictions made it nearly impossible to find a place to live, thus undermining public safety by often forcing offenders into homelessness.

Jacob Sullum writing for Reason Magazine has more. Here’s a clip:

The state Supreme Court agreed, noting that the 2,000-foot rule excludes 97 percent of the land zoned for multifamily housing in San Diego County. Writing for the court, Justice Marvin Baxter said such an onerous burden, imposed without individual evaluation, cannot be justified even under the highly deferential “rational basis” test, which requires only that a law be rationally related to a legitimate government interest:

Blanket enforcement of the residency restrictions against these parolees has severely restricted their ability to find housing in compliance with the statute, greatly increased the incidence of homelessness among them, and hindered their access to medical treatment, drug and alcohol dependency services, psychological counseling and other rehabilitative social services available to all parolees, while further hampering the efforts of parole authorities and law enforcement officials to monitor, supervise, and rehabilitate them in the interests of public safety. It thus has infringed their liberty and privacy interests, however limited, while bearing no rational relationship to advancing the state’s legitimate goal of protecting children from sexual predators, and has violated their basic constitutional right to be free of unreasonable, arbitrary, and oppressive official action.

The court said residence restrictions are still permissible as a condition of parole, “as long as they are based on the specific circumstances of each individual parolee.”

The ruling technically only affects San Diego County, but opens up challenges for other California counties, especially those containing large cities.


NEW US AG LYNCH UNLIKELY TO BE CONFIRMED ‘TILL NEXT WEEK, BUT HOLDER HAS A TO DO LIST

While according to Politico, it appears that U.S. Attorney General nominee Loretta Lynch will not be confirmed until next week. (She was nominated by President Obama in November to replace outgoing AG Eric Holder.) In the meantime, however, in the Washington Post, Holder has put forth a four point To Do list of “unfinished business” in the realm of criminal justice. Here are Holder’s big four:

1. RETROACTIVITY ON THE CRACK/POWDER FAIR SENTENCING ACT “First, although Obama signed the Fair Sentencing Act to eliminate a discriminatory 100-to-1 sentencing disparity between crack and powder cocaine, thousands of individuals who committed crimes before 2010 are still serving sentences based on the old ratio. This is unfair. Congress should pass legislation to apply that statute retroactively…”

2. PASS A LAW RESTRICTING MANDATORY MINIMUMS “Second, while the Justice Department has declined to seek harsh mandatory minimum sentences in cases where they are not warranted, we need to codify this approach…”

3. ONCE YOU DO YOUR TIME, YOUR VOTING RIGHTS SHOULD BE RESTORED: “Third, in individual states, legislatures should eliminate statutes that prevent an estimated 5.8 million U.S. citizens from exercising their right to vote because of felony convictions….”

4. OPERATIONAL DRUG COURTS IN EVERY FEDERAL DISTRICT: Finally, we should seek to expand the use of federal drug courts throughout the country for low-level drug offenses. These programs provide proven alternatives to incarceration for men and women who are willing to do the hard work of recovery…

Posted in Homelessness, How Appealing, mental health, Mental Illness, prison, prison policy, Sentencing, Skid Row | No Comments »

John Legend’s Oscar Night Statement….Tech Education for Kids in Lock Up… The Bail Industry Fights Back….Will CA Regulate Solitary for Juveniles?…

February 24th, 2015 by Celeste Fremon

In addition to Monday morning’s expected post-Oscar commentary on winners, losers, and the various best and worst dressed, we were pleasantly surprised to note that there was also a lot of attention paid to a particular part of musician/composer John Legend’s acceptance speech in which he referred to the alarming number of black men in America’s prisons. The singer/songwriter’s assertions evidently sent reporters and commentators scurrying to find out if what Legend said was factually accurate. (Answer: Yes.)

Here, for example, is a clip from a story by Max Ehrenfreund for the Washington Post’s WonkBlog:

The artists John Legend and Common received an Academy Award Sunday night for “Glory,” their song in the film “Selma.” In his acceptance speech, Legend called for reform of the U.S. criminal justice system. “There are more black men under correctional control today than there were under slavery in 1850,” he noted.

It’s true. There are some, as Politifact has written, 1.7 million black men under some form of correctional control, including probation and parole, excluding those held in local jails on any given day. That is about twice the 870,000 or so black men at least 15 years old who were enslaved in 1850, according to the Census (warning: big file).

In some ways, of course, the comparison is misleading. Although there are more blacks under correctional control now than there were slaves before the Civil War, the population has a whole has grown tremendously in that time. The Census that year found that roughly nine in 10 of the nation’s 3.6 million blacks were enslaved. By contrast, one in 11 blacks is under correctional supervision today, according to The Pew Charitable Trusts.

And it would be wrong to obscure the horrors of slavery by comparing that peculiar institution to today’s systems of probation and parole (although in modern prisons, practices such as solitary confinement are indeed profoundly damaging to inmates).

In other ways, though, these numbers conceal the size of our criminal justice system and its consequences, especially for blacks — in a society that, unlike that of the 1850s, is supposed to be free and equitable…

Read the rest. (And then listen.)


CAN TECH TRANSFORM EDUCATION FOR LOCKED-UP KIDS?

On any given day more than 60,000 kids under the age of 21 are confined to juvenile facilities in America. The majority of those kids are already behind in school when they encounter the juvenile system. And most have experienced one or more serious traumas in their childhood of the kind that have been shown to have had a negative impact on school performance and behavior.

In theory, the time those same kids spend locked up should be a stable period in which they can begin to catch-up on their education without distractions. Thus, most kids should be able to leave the facility better able to succeed in school than when they came in.

Unfortunately, in too many cases, the opposite is true. The education they receive is often sub-par in quality; the environment more punitive than rehabilitative, and not overly conducive to learning.

With these problems in mind, late last year the Department of Justice and the Department of Education put out an advisory to state educational officers urging them to make changes:

For youth who are confined in juvenile justice facilities, providing high-quality correctional education that is comparable to offerings in traditional public schools is one of the most powerful – and cost-effective – levers we have to ensure that youth are successful once released and are able to avoid future contact with the justice system. High-quality correctional education, training, and treatment are essential components of meaningful rehabilitation because these equip youth with the skills needed to successfully reenter their communities and either continue their education or join the workforce.

On Monday and Tuesday, Adriene Hill reported for NPR’s Marketplace on two examples of facilities that are already doing what the DOJ and DOE describe—in particular by focusing on the educational technology that has become common in America’s public schools.

The first such facility Hill singles out is The Wyoming Girls’ School in Sheridan Wyoming.

Here’s a clip from the story:

“Technology is no longer the way of the future,” says Chris Jones, superintendent of the Wyoming Girls’ School, which was one of the first secure juvenile justice facilities in the country to embrace the digital classroom. “It is the status of the current. So it is our job as educators to integrate that into how we are educating kids.”

To that end, the school has incorporated educational technology in nearly all its classes, as well as in sports. In geography class, for instance, students use Google Earth to explore the streets of Manhattan and other cities. In horticulture, they will soon be using iPads to monitor temperature and humidity in the greenhouse. And, in computer science class, girls are learning to code.

Teacher Jordan O’Donnell, who has been instrumental in bringing tech into the school, says he is trying to, “empower these students here to think them beyond what got them here to get them involved in coding, STEM, science technology engineering and math.”

Fourteen-year-old Shawnee, who asked her last name not be used, has been at the school for just under five months. In that time, coding has become her thing. She says it gives her a sense of control.

“When people mediate they do that to come at peace with themselves,” she says, in a way that makes her sound much older than she is. “That’s kind of what coding is for me, it’s my meditation.”

She’s already taken the computer science class offered by the school, so she’s doing a more in-depth online class in her free time. She says, ultimately, she wants to get a degree in computer science, then go work for Google. Or a video game company.

“If I hadn’t been here and hadn’t discovered coding, I would be running around like a chicken with their head cut off trying to figure out what I’m doing to do with my future,” she says. She also points out cutting class isn’t exactly an option.

Wednesday, we’ll excerpt from Hill’s story on a facility in San Diego that plans to give every kid a laptop.


THE BAIL INDUSTRY WANTS TO BE YOUR JAILER

The United States is one of only two countries with a private bail industry. (The other is the Philippines.)

In England and Canada, making a profit by posting a defendant’s bail is a crime, while in America, the bail bond business has grown to approximately $14 billion, and the average bail amounts levied by courts have more than doubled since 1994, largely due to the aggressive lobbying of the bail industry.

In the past few years, however, studies have repeatedly shown that the over-use of bail has disproportionately penalized the poor, while resulting in overcrowded jails with no benefit to public safety. To the contrary, the inability to make bail has been found to greatly diminish offenders’ ability to resume a normal life once they do get out, and to significantly raise the likelihood that they will recidivate. As a consequence, an increasing number of states and municipalities are starting to consider a system of pre-trial release for those charged with lower-level nonviolent offenses.

Naturally, the bail industry is fighting back.

Alysia Santo of the Marshall Project has the story.

Here’s how it opens:

In a Dallas Hilton conference room last summer, a few dozen state lawmakers from around the country gathered for a closed-door presentation about an all-American industry under threat. The pitch was part of an annual conference hosted by the American Legislative Exchange Council (ALEC), a powerhouse conservative consortium that promotes — and often drafts — pro-business legislation. The endangered industry was bail.

Bail is an essential lubricant of American justice, asserted Nicholas Wachinski, executive director of the American Bail Coalition, a trade group for insurance companies that underwrite bail bonds. But now bail agents are under siege by so-called reformers, who argue that the traditional bail system forces poor defendants to choose between paying fees they can’t afford and sitting in jail until they go to trial. A growing number of states — New Jersey, Colorado, Virginia, Delaware, West Virginia, Hawaii and others — are limiting the use of bail for defendants who don’t pose a threat, or replacing for-profit bail with government supervision.

Of course, Wachinski said, the bail bond industry will continue its tireless lobbying to protect its lucrative franchise, but he was there with another message: Innovation! New products! New markets! “A brave new world!” Why should bail bonds be only for defendants who are awaiting trial? How about bail bonds for a whole new class of customers: people who have already been convicted.

“My task,” Wachinski told the crowd, “is to bring the sexy side of bail back.”

In a courtroom just outside Jackson, Mississippi, Kristina Howell was about to experience a new, “sexy side of bail.”After spending two days and nights in jail for drunk driving this past August, Howell was brought to the Byram city court, where she pled guilty and was told she had to pay a fine of $1,044. If she couldn’t come up with the money on the spot, she was headed back to jail. “I panicked,” said Howell, who lives and supports her son “paycheck to paycheck.”But there was one other option. The judge explained to Howell that she could avoid jail by purchasing a new kind of bail bond, a post-conviction device that bail agents in Mississippi are busily promoting around the state. It would cost $155, and would buy her two extra months to come up with the money to pay her fine. Howell was then escorted to another room, where Patty Hodges from the Mississippi Bonding Company sat ready with the paperwork….


ADVOCATES RAMP UP SUPPORT FOR LENO BILL LIMITING SOLITARY CONFINEMENT IN JUVENILE FACILITIES

In January of this year, state senator Mark Leno introduced a bill that would limit the use of solitary confinement at state and county juvenile correctional facilities.

The bill—SB 124— is co-sponsored by the Ella Baker Center for Human Rights, California Public Defenders Association, Youth Justice Coalition and Children’s Defense Fund-California.

Specifically, SB 124 would:

• Define solitary confinement as the involuntary placement in a room or cell in isolation from persons other than staff and attorneys.
• Provide that solitary confinement shall only be used when a young person poses an immediate and substantial risk of harm to others or the security of the facility, and when all other less restrictive options have been exhausted.
• Provide that a youth shall only be held in solitary confinement for the minimum time necessary to address the safety risk.
• Empower existing county juvenile justice commissions to report on the use of solitary confinement in juvenile facilities.

This spring the proposed legislation will be heard in the Senate Public Safety Committee, so on Tuesday, its advocate co-sponsors issued a statement ramping up support. Here’s a clip from the Children’s Defense Fund’s letter:

Solitary confinement is particularly psychologically damaging for young people who already arrive having experienced a history of trauma in their lives, which encapsulates between 75 and 93 percent of youth in the juvenile justice system. Practices such as solitary confinement can contribute to re-victimization and re-traumatization of these young people.

The Substance Abuse and Mental Health Services Administration, as early as 2006, found that children are particularly at high risk of death and serious injury as a result of the use of seclusion and restraint, especially children with mental disabilities. In April of 2012, the American Academy of Child & Adolescent Psychiatry noted the psychiatric impact of prolonged solitary confinement including depression, anxiety, and psychosis, and also finding that the majority of suicides occurred in juvenile correctional facilities when the individual had been isolated or confined…

Posted in Education, juvenile justice, pretrial detention/release, prison policy, race, race and class, racial justice, solitary | 3 Comments »

Prison Tech, Prez Nominates Deputy Mayor for US Attorney, Disabled in Isolation, Public Defenders’ Unconscious Bias

February 5th, 2015 by Taylor Walker

SMUGGLED CELL PHONES CONNECT PRISONERS WITH THE OUTSIDE WORLD…PLUS SAN QUENTIN’S CODING CLASS

A three part series for Fusion by Kevin Roose and Pendarvis Harshaw explores digital tech issues in the criminal justice system.

Part one takes a look at the seemingly limitless flow of contraband cell phones, which inmates use for everything from to coordinating hunger strikes between prisons, to checking in with loved ones, to recording comedic vine videos. Here are some clips:

A month-long Fusion investigation turned up dozens of social media profiles of inmates currently serving time in several states, many of whom were frequent users of the services in question. Some inmates appeared to be accessing the Internet through proxies – a family member who had the inmate’s Facebook password, for example, and was using the account to relay messages – while other inmates appeared to be accessing the sites directly from their cells.

“Been on lock down for two weeks…going into the third week. Letters would be great. Money would be a blessing. If I have to choke down one more bologna sandwich I think I might snap….,” wrote one Facebook user last October. The user, whose name matches that of a current federal prisoner in West Virginia, appears to have posted to his Facebook profile from two other prisons where he was previously housed.

“Hello everyone, wanted to say hi and let u know I’m currently on an extended lock-down,” wrote another federal inmate, who is serving time for armed robbery at a high-security facility in Texas. “Dont worry I’m nit [sic] in trouble the lock-down is due to a big incident that happened between two gangs at my location,” the inmate wrote….

Other social networks, too, are filled with evidence of contraband activity. One Vine user, who goes by “Acie Bandage,” has posted dozens of six-second videos of himself and his fellow inmates dancing, goofing off, and doing impersonations from their prison cells. (The user wraps a bandage around his face during the videos to disguise his identity — click here to see more of his videos, which are really quite something.)

[SNIP]

Beyond the pragmatic safety issues, there are philosophical questions about the role digital culture should play in the criminal justice system. In 2015, as technology forms the base layer of culture, communication, and education, is it cruel and unusual to cut prisoners off from the entire online universe? What’s the role of technology in rehabilitation? If the purpose of a prison is to restrict an offender’s movement and keep him from causing further harm to the general population, should those restrictions apply just to the physical body? Or should his virtual self be imprisoned, too?

The second story explores the issue of teaching inmates technology in prison, for job seeking purposes, and also so that they can more easily reenter their digitally-connected communities.

Roose and Harshaw focus on Code 7370, a coding program put on by the Last Mile, in partnership with Hack Reactor and the California Prison Industry Authority. While the vocational program at San Quentin State Prison does not directly connect participants to the internet, their completed coursework is tested on an administrator’s computer and projected onto a screen. And although there do not seem to be many pre-release programs to teach inmates the basic tech skills they will need to thrive on the outside, yet, the calls for such training are growing louder. Here’s a clip:

For former inmates, the transition out of prison and into the 21st century can be jarring. Many newly paroled inmates, especially those who served long sentences, have never sent an e-mail, used a smartphone, or filled out an online form. The unfamiliarity of these systems can create hurdles when it comes to mundane tasks, such as buying groceries from the self-checkout aisle at the store or using an electronic subway pass. And when it comes to applying for jobs, small hurdles can turn into huge obstacles.

The post-prison lives of inmates are rarely easy, technology problems or no. 77 percent of ex-convicts are arrested again within a 5 year period of being released, according to a study conducted by the Bureau of Justice. But numerous studies have shown that vocational training and educational opportunities, like those offered by The Last Mile, can help keep ex-inmates from returning to prison. A 2010 study by The Rand Corporation showed that fewer than half of incarcerated people receive academic instruction while behind bars. Those who do receive educational or vocational training, though, are 43 percent less likely to become repeat offenders, and 28 percent more likely to land a job.

One graduate of The Last Mile, Kenyatta Leal, got his first smartphone shortly after being released from San Quentin, where he served the last part of a 19-year sentence for firearms possession. Leal, 46, was no stranger to technology – years before, he’d been given 40 days of isolation in “the hole” as punishment for having a cell phone in prison – but he’d never had a phone capable of downloading apps, streaming music, and sending e-mail. In his new job at RocketSpace, a San Francisco tech co-working space whose founder hired Leal after meeting him in Code 7370, he realized he would need to catch up.

“I didn’t have any tech skills, but I had bust-my-ass skills,” says Leal. “My boss gave me a Galaxy III on my first day, and I took it home, figured out YouTube, and watched, like, four different videos on how to send an e-mail.”


LA DEPUTY MAYOR, EILEEN MAURA DECKER, TAPPED TO BE NEXT US ATTORNEY FOR CENTRAL DISTRICT OF CA

On Wednesday, President Barack Obama nominated Eileen Maura Decker to be US Attorney of California’s Central District. Decker is a former federal prosecutor and currently serves as Los Angeles’ deputy mayor on law enforcement and public safety.

Decker would take the place former US Attorney André Birotte Jr., who was sworn in as the newest judge of the federal District Court in Los Angeles in October.

The Associated Press’ Brian Melley has more on Decker’s nomination and background. Here’s a clip:

Mayor Eric Garcetti credited Decker’s leadership with bringing crime to a historic low in the city, overhauling the fire department and making the city a model for disaster preparedness.

“Our office will miss her work and I will personally miss her, but I am glad that her new position keeps her in the business of keeping L.A. safe,” Garcetti said.

Decker was recommended for the post by Sen. Dianne Feinstein, D-Calif., who said she was highly qualified to work with federal, state and local law enforcement in a region of 19 million people that spans from Orange County to San Luis Obispo and the Inland Empire.

Decker, 54, who earned her undergraduate and law degrees from New York University, started her legal career in private practice in 1990.

She worked as a law clerk for U.S. District Judge Gary L. Taylor for two years, returned to private practice and then became an assistant U.S. attorney in 1995, where she prosecuted cases involving national security, fraud and organized crime. She also has a master’s degree from the Naval Post Graduate School’s Center for Homeland Defense and Security in Monterey.


FED. JUDGE SEZ STOP WAREHOUSING DISABLED CALIFORNIA PRISONERS IN ISOLATION

An Oakland federal judge has ordered California prisons to discontinue sticking disabled inmates in solitary confinement due to lack of space elsewhere in the facility. Judge Claudia Wilken says a number of state prisons are in violation of the Americans with Disabilities Act, but that San Diego’s R.J. Donovan Correctional Facility is the most egregious violator. Wilken is currently hearing a class-action lawsuit against California’s solitary confinement practices.

The LA Times’ Paige St. John has the story. Here’s a clip:

Lawyers for prisoners and the state in 2012 had agreed on a plan to find more suitable housing within the state’s crowded prison system. Even so, Wilken found, prison logs showed 211 disabled inmates had been put in the isolation cells in the past year, spending from one day to one month in the units. Most of those cases were at one prison — R.J. Donovan Correctional Facility in San Diego.

Jeffrey Callison, a spokesman for the corrections department, said the agency was reviewing the court’s order but otherwise did not comment.

Lawyers for Atty. Gen. Kamala Harris, representing the corrections department, argued in court that the problems at the San Diego prison would best be resolved internally by state policy changes.

A corrections department administrator said the housing assignments were temporary as the state copes with unplanned need to move 400 to 600 inmates between prisons every week, some the result of other court orders to relocate prisoners at risk of contracting valley fever or to receive mental health care.


WHEN PUBLIC DEFENDERS GIVE LESS THAN ADEQUATE REPRESENTATION BECAUSE OF THEIR UNCONSCIOUS BIASES

The Sixth Amendment Center’s David Carroll interviews Tigran Eldred, New England Law Professor and former public defender, about what he calls “ethical blindness,” which the prof. says is what happens when well-meaning public defenders are too overloaded to detect when they are giving poor clients subpar representation.

Elgred names three components: confirmation bias—preferring information that validates prior beliefs, motivated reasoning—seeking information that brings preferable answers, and overconfidence bias—misjudging the power to give effective counsel in the face of extreme adversity.

Here’s a clip from the interview:

DC: Okay – let’s try to unpack this for our readers. Are you saying that the demands of excessive caseloads force public defenders into making quick decisions about cases everyday that that they themselves may not be consciously aware of?

TE: That’s basically it. And, the scientific support for this comes from the world of “behavioral ethics.” In particular, three psychological factors are relevant to the excessive caseload discussion. First, we all experience what is known as “confirmation bias.” This is the tendency in all of us to seek out, interpret and remember information in a manner that supports our pre-existing beliefs. The second and related concept is “motivated reasoning.” Not only do we seek to confirm our pre-existing beliefs, but also we do so to reach conclusions that we prefer. Third, because of our general desire to think well of ourselves, we tend to experience an “overconfidence bias,” including the tendency to overestimate our abilities to act competently and ethically when confronted with difficult dilemmas.

All of three of these factors occur unconsciously. We are tricked into believing that our choices are reasoned, even when often they are not. Our brains convince us our quickest decisions are solely the result of conscious and rational deliberation. But all the while we are blissfully unaware of how our pre-existing views, desires and self-conception can influence the judgments and decisions that we make.

DC: So, we need some context here. Can you explain these theories within the specific debate of how public defenders respond to excessive caseloads?

TE: Certainly. I agree with Professor Gross that defenders who have too much work often have only one option: to triage cases. Structurally, they are forced into focusing limited resources on a percentage of cases at the expense of many others – and on those cases that don’t get the same level of focus or resources, you wind up with an assembly line of quick plea dispositions. When this type of triage occurs, the psychological phenomena I have described can be expected to exert significant influence.

For example, by starting with the premise that most cases will need to be disposed of quickly, lawyers will likely engage in confirmatory and motivated reasoning, unconsciously seeking reasons to justify this pre-determined conclusion. This can happen in a number of ways. For example, the lawyer might overestimate the strength of the evidence against the client or underestimate the value of additional investigation. Acts of omission, as Professor Gross notes, can have a profound effect on a case. When the lawyer fails to seek exculpatory material, to interview witnesses or to visit a crime scene – or fails to engage in many other forms of advocacy for a client – the lawyer is essentially confirming the pre-existing belief that no additional work for the client will be helpful.

DC: In studying indigent defense services all across the country, I continually encounter public defenders that tell me that I should not be so dismissive of early resolution courts because they often result in favorable decisions to defendants.

TE: Right, they’re playing the percentages. While in many instances it may be true that the best course of action is a quick plea bargain, it is also true that in many instances it is not. There is a significant chance that the decision to forgo additional work for the client is the product of the type of fast thinking I have described. And then, after the fact the process become self-fulfilling. The lawyer has decided that a quick plea is appropriate without further investigation. So the client is advised to take the plea quickly and the lawyer, laboring under the illusion that the decision was solely the product of rational deliberation, remains convinced of the propriety of the decision — unaware of the subtle psychological forces that conspire to influence the lawyer’s behavior.

Tilgard goes on to explain how to reform indigent defense in a way that will effectively combat these unconscious biases:

TE: This is where the latest post by Mr. Vitale is so critical to the discussion. He suggests that indigent defense reform must occur on three fronts: system-building, public advocacy and culture change. I agree all three are critical to overcoming ethical blindness. Public defenders must work in systems that insulate them from undue political and judicial interference. Without structural independence there is little hope that public defenders can overcome these issues alone.

Posted in CDCR, Obama, prison policy, Public Defender, Reentry, solitary, U.S. Attorney | 1 Comment »

Cop Not Indicted in Chokehold Death, LAPD Chief Blames Officers in Shooting of Unarmed Man, No More DNA Swabs for Felony Arrests, and Undermining PREA

December 4th, 2014 by Taylor Walker

GRAND JURY DOES NOT INDICT NYPD OFFICER IN CHOKEHOLD HOMICIDE OF ERIC GARNER

On Wednesday, a Staten Island grand jury decided not to indict Daniel Pantaleo, a plainclothes NY police officer whose prohibited chokehold on an unarmed man, Eric Garner, proved fatal.

Garner was stopped by officers on suspicion of selling untaxed cigarettes. A video of the incident, shows Garner, a 43-year-old black father of six, telling officers over and over that he can’t breath while being held down by officers. And the city medical examiner’s autopsy found Garner’s death to be a homicide, with the chokehold as the main cause of death.

Wednesday evening, the Department of Justice announced that it would launch a separate federal investigation into Garner’s death.

The NY Times’ J. David Goodman and Al Baker have the story. Here are some clips:

The fatal encounter in July was captured on videos seen around the world. But after viewing the footage and hearing from witnesses, including the officer who used the chokehold, the jurors deliberated for less than day before deciding that there was not enough evidence to go forward with charges against the officer, Daniel Pantaleo, 29, in the death of the man, Eric Garner, 43.

Officer Pantaleo appeared before the grand jury on Nov. 21, testifying that he did not intend to choke Mr. Garner. He described the maneuver as a wrestling move, adding that he never thought Mr. Garner was in mortal danger.

After the news from Staten Island, a wave of elected officials renewed calls for Justice Department intervention, saying the grand jury’s finding proved that justice could only be found in the federal courts.

On the streets of the city, from Tompkinsville to Times Square, many expressed their outrage with some of the last words Mr. Garner uttered before being wrestled to the ground: “This stops today,” people chanted. “I can’t breathe,” others shouted.

While hundreds of demonstrators took to the streets in Manhattan as well as in Washington and other cities, the police in New York reported relatively few arrests, a stark contrast to the riots that unfolded in Ferguson in the hours after the grand jury decision was announced in the Brown case.

[SNIP]

The officer targeted by the Staten Island grand jury said in statement that he felt “very bad about the death of Mr. Garner,” just as he told 23 panelists of the grand jury when he testified before them for two hours on Nov. 21.

During the proceedings, jurors were shown three videos of the encounter and in his testimony Officer Pantaleo sought to characterize his actions in tackling Mr. Garner not as a chokehold, but as a maneuver taught at the Police Academy. He said that while holding onto Mr. Garner, he felt fear that they would crash through a plate glass storefront as they tumbled to the ground, said Stuart London, his lawyer. One of the officer’s arms went around Mr. Garner’s throat, as Mr. Garner repeatedly said, “I can’t breathe, I can’t breathe.”


LAPD CHIEF SAYS OFFICER SHOOTING OF UNARMED MAN AFTER CHASE VIOLATED DEPT. RULES

Back in California, LAPD Chief Charlie Beck says three officers’ fatal shooting of an unarmed man after a car chase was in violation of department policy. Officers opened fire after Brian Newt Beaird, a National Guard veteran, had turned away from them. The officers said they feared for their lives when they shot Beaird, but Chief Beck says the evidence suggests otherwise.

Now, Beck must decide if he is going to punish the officers (and if so, what level of punishment to hand out), or if their actions warrant firing them from the department.

The LA Times’ Joel Rubin has the story. Here’s a clip:

Although the details of their recollections differed, each officer told investigators essentially the same thing: He shot at Beaird because he thought Beaird was armed with a gun.

One officer, who fired eight rounds, said he believed Beaird was actually shooting at police. In a detailed account of Beaird’s movements, the officer said Beaird had reached under his shirt and seemed to be pointing an object back at the officers from beneath his clothing. That, coupled with the sound of gunshots, led the officer to conclude Beaird was shooting, according to the report.

Beck, however, found “the evidence and actual actions of the suspect” contradicted the officer’s account.

The other two officers both said they saw Beaird reach for his waistband and make “a jerking motion.” Fearing that he had grabbed a gun, the officers fired, the report said.

In judging the officers, Beck said he took into account that they went into the encounter knowing Beaird was seen reaching for an unknown object during the pursuit. He also highlighted the chaos of the scene, including a geyser of water from a broken hydrant and the din of helicopters.

Although the officers had only seconds to act in the difficult conditions, Beck ultimately found their decision to shoot was unreasonable. “Each officer is accountable for their own use of force,” he wrote.


APPEALS COURT SAYS DNA SWABS AFTER FELONY ARRESTS VIOLATE STATE CONSTITUTION

In a 3-0 ruling, the SF First Court of Appeal has struck down a California law requires DNA cheek swabbing of anyone arrested on suspicion of committing a felony. A related Maryland law upheld by the US Supreme Court mandates swabbing only once a person is charged with a serious felony. And unlike in California, the DNA info is removed from the database in the case of an acquittal or dropped charges.

Bob Egelko has more on the ruling for the SF Gate. Here’s a clip:

The First Court of Appeal in San Francisco had struck down the same law in 2011, but California’s high court ordered it to reconsider the case after the U.S. Supreme Court in June 2013 upheld a Maryland law requiring DNA samples from anyone charged with a serious felony. The majority in that 5-4 ruling said swabbing a suspect’s cheek for genetic material was a “minor intrusion” that served the same identification purposes as fingerprints, the argument Attorney General Kamala Harris also used to defend the California law.

But in Wednesday’s ruling, the appeals court said DNA samples, containing “the most personal and confidential information a person can possess,” are not used to identify suspects. Rather the samples, which typically take a month to analyze, while fingerprints take less than a half hour, are used to investigate suspects’ possible involvement in other crimes, as part of a national database accessible to police and the FBI.


TAKING THE EDGE OFF THE PRISON RAPE ELIMINATION ACT

The federal Prison Rape Elimination Act (PREA) was passed in 2003, and brought about a set of “zero-tolerance” standards to eliminate rape in state and federal prisons, which took a decade to nail down and approve.

In May of this year, states were required to either pass an audit, or promise to pass compliance in the future. Only two states passed their audits. States that refuse to comply altogether—as Texas and five other states have—forfeit 5% of their prison funding.

But a report released last Friday from the United Nations Committee Against Torture points out that the rates of sexual violence in US lock-ups have not changed much since 2007, and expresses concern at the mediocre implementation of PREA.

The Marshall Project’s Alysia Santo has more on the issue, and also highlights an under-the-radar battle to further delay PREA and throw out the financial consequences for noncompliance. Here’s a clip:

…A proposal that originated in the Senate Judiciary Committee would almost completely eliminate financial penalties for states that defy the rape prevention law. The proposal, written by Senator John Cornyn, Republican of Texas — the most vocally defiant state — was agreed on by the committee in an after-midnight session in September and was attached to an unrelated bill.

The bill carrying the PREA amendment failed to pass, but members of the National Prison Rape Elimination Commission, a federal body that spent years developing the PREA standards, say efforts are already underway to reintroduce the amendment during the next legislative session.

In a November letter to Attorney General Eric Holder, the Commission members requested a meeting to “discuss our grave concern about recent efforts to delay or weaken effective implementation” of PREA. So far, six states are refusing to comply with the standards: Arizona, Florida, Idaho, Indiana, Texas, and Utah. The letter goes on to point out that only two states have certified compliance, while forty-six states and territories have submitted assurances to eventually comply, which allows them to keep their funding.

“But those assurances will become hollow — and states and territories may not make them — absent the threat of financial penalties for failure to become compliant,” the Commission wrote.

Posted in Charlie Beck, DNA, LAPD, prison policy, racial justice | 6 Comments »

Sheriff-Elect McDonnell & Others Speak on Ferguson… And Lots More

November 24th, 2014 by Celeste Fremon


Here are a few of the early reactions to the news Monday night
that a Missouri grand jury decided not to indict Ferguson Officer Darren Wilson in the August 9 shooting death of Michael Brown

LA COUNTY SHERIFF-ELECT JIM MCDONNELL

The frustration we have seen in Ferguson, Missouri demonstrates what can happen when a divide develops between government — through one of its most vital agents, law enforcement — and the community it serves. It is why community policing and engagement must not merely be something we do, but rather it must be who we are and how we operate every day.

The Grand Jury in Ferguson, Missouri has spoken. Yet a community is still fractured and many lives are forever and irreparably impacted.

I urge those who may be disappointed by today’s decision to nonetheless respect the outcome and processes of our legal system. The greatness of our nation comes from our ability to come together peacefully and lawfully, to speak up about what is on our minds, and to respect one another…..

As the incoming Sheriff of Los Angeles County, I will continue to focus, as I have throughout my career, on strengthening lines of communication and fortifying trust between communities and law enforcement….

AUTHOR OF “THE NEW JIM CROW” MICHELLE ALEXANDER

As we await the grand jury’s decision, I want to take this opportunity to say thank you — a deep, heart-wrenching thank you — to all the organizers and activists who took to the streets following Michael Brown’s killing and who refused to stop marching, raising their voices, and crying out for justice. It is because of them — their courage, boldness, vision and stamina — that the world is paying attention to what is happening in a suburb called Ferguson. The world is not watching because an unarmed black man was killed by the police. That’s not news. What made this police killing different was that the people in Ferguson — particularly the young people — rose up and said We Will Not Take It Any More. Our Lives Matter. Black Lives Matter. And their cry has been heard around the world…..

CONNIE RICE AND THE ADVANCEMENT PROJECT

“Today, the people of Ferguson and caring Americans throughout our country are devastated by the grand jury decision to not indict Officer Darren Wilson in the killing of Mike Brown,” said Advancement Project Co-Director Judith Browne Dianis. “The legal system has failed again to hold someone accountable for the loss of life of an unarmed young Black man. In places throughout the United States, innocent lives are being lost at the hands of those who are supposed to serve and protect us. Mike Brown, Eric Garner and John Crawford are just a small portion of those killed by the police, while countless others have been harassed, injured and criminalized unnecessarily. Efforts for sweeping change will not stop until there is relief for communities of color.”

“The family of Michael Brown deserves an immediate, thorough, and transparent investigation into this shooting,” said Connie Rice, Founding Co-Director of Advancement Project. “This incident should be investigated by the federal government for possible civil rights violations. We also welcome federal action to ensure that civil rights of youth of color and of those protesting Michael Brown’s death are protected in the community of Ferguson.”

Here’s the rest.

MAYOR ERIC GARCETTI

“Michael Brown’s death has ignited deep passions across the nation, and Los Angeles is no exception.

Tonight’s decision is one that will be heatedly debated — but we should do so through dialogue and peaceful action….

OAKLAND CONGRESSWOMAN BARBARA LEE

My heart continues to go out to Michael Brown’s family and community. Like everyone in our community, I am devastated by the senseless murder of yet another young black man,” Lee said. “The deaths of Michael Brown, Trayvon Martin and Oscar Grant, one of my constituents, serve as tragic examples of the senseless murder of young African American men.

We must come together like never before to tackle the systemic, structural and rampant racial bias endemic in our institutions and criminal justice system. We must demand change and work to realize it.


AND IN OTHER NEWS

GOV. BROWN NAMES YOUNG SUPERSTAR LAWYER TO STATE SUPREME COURT

In a surprise move that is very much in keeping with Jerry Brown’s style of choosing unconventional but talented and high profile judicial candidates, on Monday, the governor named 38-year-old Leondra R. Kruger to the California Supreme Court, making her the youngest member of the court in memory. In his Monday statement, Brown called his nominee “a distinguished lawyer and uncommon student of the law” who has won “the respect of eminent jurists, scholars and practitioners alike.”

Interestingly, Kruger, has argued twelve times before the U.S. Supreme court, but has not practiced law in California since 2008. Instead she has spent much of her career as a rising star in the nation’s capital, most recently serving in the U.S. Department of Justice, in the office of legal counsel, prior to that, holding a top position in U.S. solicitor general’s office.

Attorney General Eric Holder stated that Kruger would be “an excellent and thoughtful Supreme Court justice who will serve the people of California with distinction for many years.”

Kruger is only African American on the court since the exit of Janice Rogers Brown in 2005 for a position on the D.C. Court of Appeals.

Howard Mintz of the San Jose Mercury News is one of those who reported on Kruger’s appointment. Here’s a clip from his story:

Here’s a clip:

Defying convention again in his picks for the state’s highest court, Brown on Monday tapped 38-year-old top Obama administration lawyer Leondra Kruger to a vacancy that has been lingering on the Supreme Court since early this year.

Most recently a deputy U.S. attorney general, Kruger would be the state Supreme Court’s first African-American justice since former Justice Janice Rogers Brown moved to a federal appeals court in 2005.

Kruger, a rising legal star already mentioned as a federal appeals court and future U.S. Supreme Court prospect, replaces 73-year-old Justice Joyce Kennard, who retired in April.

The addition of Kruger to a once-aging state Supreme Court represents an unprecedented youth movement – in addition to being the youngest justice in memory, Kruger joins Brown’s two other picks, Mariano-Florentino Cuellar, 42, and Goodwin Liu, 44, in bringing down the court’s average age by decades.

“(The governor’s) recent appointments to the California Supreme Court reflects a realization in Sacramento of something made decades ago in D.C. in connection with the U.S. Supreme Court,” said Shaun Martin, a University of San Diego law professor. “The younger the justices are when they get appointed, the longer they stay there and affect the law.”


FBI RELEASES 2013 STATISTICS FOR OFFICER DEATHS IN LINE OF DUTY, FINDS NUMBER OF OFFICERS CRIMINALLY KILLED SHARPLY DOWN

According to statistics released by the FBI on Monday, 27 law enforcement officers died as a result of felonious acts last year, and 49 officers died in accidents, for a total of 76 officers killed on the job protecting American communities.

The numbers of officers killed as a result of criminal acts by others in 2013 decreased by 22 when compared with the 49 officers feloniously killed in 2012, according to the FBI.

The FBI also looked at five- and 10-year comparisons in number of officers killed on the job by others and found a decrease of 21 felonious deaths compared with five years ago, in 2009, when 48 officers died, and a decrease of 30 felonious deaths compared with 2004′s 57 officers.

Of course, for the friends, colleagues and the families of those 27 officers feloniously by others in 2013, the statistics don’t really matter.


THE ADVERSE AFFECTS OF PRISONS ON COMMUNITY HEALTH

The millions of Americans who cycle through the nation’s courts, jails, and prisons every year experience far higher rates of chronic health problems than found in the general population—including a higher rate of infectious diseases, substance use, serious mental illness, and emotional conditions such as chronic depression.

When prisoners return to their communities—as most eventually do—they bring those problems with them, in many cases, arriving home with a condition that has been exacerbated by their prison stay.

A just released report by the Vera institute of Justice called Life Support: Public Health in the Age of Mass Incarceration takes a deep look at the negative impacts of incarceration on the health of communities.

Here’s the opening of the report’s overview, which gives a good idea of what researchers found.

Here’s how it begins:

Each year, millions of incarcerated people—who experience chronic health conditions, infectious diseases, substance use, and mental illness at much higher rates than the general population—return home from correctional institutions to communities that are already rife with health disparities, violence, and poverty….

For several generations, high rates of incarceration among residents in these communities has further contributed to diminished educational opportunities, fractured family structures, stagnated economic mobility, limited housing options, and restricted access to essential social entitlements

Several factors in today’s policy climate indicate that the political discourse on crime and punishment is swinging away from the punitive, tough-on-crime values that dominated for decades, and that the time is ripe to fundamentally rethink the function of the criminal justice system in ways that can start to address the human toll that mass incarceration has had on communities…..

Here’s a link to the full report.

Posted in California Supreme Court, Community Health, FBI, How Appealing, Jim McDonnell, LASD, law enforcement, mental health, Mental Illness, prison, prison policy, race, race and class, racial justice | 20 Comments »

Election Night Snapshot

November 5th, 2014 by Celeste Fremon


IT’S MCDONNELL, OFFICIALLY, FINALLY

Brand new LA County Sheriff-elect Jim McDonnell took the stage last night around 10:45 p.m. at the Marriott hotel downtown. “I entered the race for sheriff less than one very long year ago…” he said, “because I realized the change needed in the LASD would not, and could not, come from within.” As a member of the citizens commision on jail violence, he said, he had seen “a failure of leadership” at the department’s highest levels….”But the fine men and women of the department are ready for a new day.”

After thanking everyone who needed to be thanked and then talking a bit about the department being at an historic crossroads, McDonnell paused and looked at those assembled, face flooded with emotion and resolve.

“I promise that I will not let you down,” he said.

In addition to his wife and two daughters, the new sheriff was surrounded on the stage by much of the leadership of the city and the county: Mayor Eric Garcetti was there, as was District Attorney Jackie Lacey, her predecessor Steve Cooley, Supervisors Mark Ridley-Thomas, Don Knabe, Supervisor elect, Hilda Solis, City Attorney Mike Fuerer and acting sheriff John Scott. A good portion of the LA City Council, had showed up, including Herb Wesson who MC’d part of the festivities, and Mitch Englander who, together with Congressman Tony Cardenas kept flashing thumbs-up signs for the cameras.

The political figures who spoke to the crowd were nearly giddy in their praise for the new guy at the top of the LASD.

“He is up for the task! He is committed,” said Mark Ridley-Thomas and then urged audience members to turn to those around them and exchange high fives.

“We now have a sheriff who is worthy of that title,” said Mayor Eric Garcetti.


We got back from the various election events ver-r-r-rry late last night, so this is just a snapshot post.

We’ll have more on the election—among other important topics—as the week goes on.

Posted in 2014 election, Education, elections, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Paul Tanaka, prison policy, Reentry, Sentencing | 30 Comments »

Conviction Integrity Units, Race-Based Lockdowns, 30 House Dems Concerned by US Immigration, and a Nathaniel Ayers Update

October 29th, 2014 by Taylor Walker

MULTNOMAH COUNTY DA’S OFFICE JOINS SANTA CLARA COUNTY AND OTHERS, SETS UP CONVICTION INTEGRITY UNIT

As part of a growing trend to combat wrongful convictions, prosecutors offices across the US—including in Dallas, Brooklyn, Philadelphia, Santa Clara County (see below), and the US Attorney in DC (above)—are establishing “conviction integrity” watchdog systems. (And back in August, we pointed to this Mother Jones story about a Florida public defender’s office using a group of former police officers for investigating claims of prosecutorial misconduct and bad police work.)

Now, Oregon’s Multnomah County District Attorney Rod Underhill has nominated a veteran prosecutor to investigate innocence claims, as well as update plea deal policies, and examine how cops utilize photo lineups and confidential informants.

The Oregonian’s Maxine Bernstein has the story. Here’s a clip:

“It’s our job to do it right in the first place and double-check our work if we need to,” Underhill said.

Russ Ratto, a 35-year Multnomah County prosecutor, will start in the new job Monday.

Ratto will review claims of innocence after convictions have occurred and update office protocols on everything from prosecutors’ obligations on sharing evidence with defense attorneys to how to use eyewitness identification of suspects.

Underhill said he hopes that assigning one deputy to the work will improve the ability to track the cases and boost public confidence in the county’s prosecutions. In the past, he said, a number of prosecutors throughout the office have juggled the cases, but there was no central contact.

“We want to make sure we’re using the best practices to obtain the best convictions so we don’t have to ask later ‘Was a mistake made?’” Ratto said. “We think we’ve got a good criminal justice system here, but we want to maintain the public confidence going forward.”

Other prosecutors’ offices are doing the same thing, including in Manhattan, Brooklyn, Dallas, Philadelphia, Denver and California’s Santa Clara County, according to the Center for Prosecutor Integrity.

“This is a very important movement in our nation’s criminal justice system,” said board member Everett Bartlett of the Center for Prosecutor Integrity. The center started in 2010 with a mission to end wrongful convictions and promote prosecutor ethics.

Until the advent of forensic DNA testing in 1989, we “assumed our criminal justice system was operating very effectively and very accurately,” Bartlett said. Since then, he said, more than 1,000 people convicted of crimes have been exonerated. The majority have not been due to DNA analysis, but due to false confessions or problems in witness identification.

California’s Santa Clara County’s Conviction Integrity Unit is headed by David Angel. The San Jose Mercury’s Tracey Kaplan has a worthwhile 2011 story about Angel and his appointment. Here’s how it opens:

Mention Santa Clara University’s esteemed Innocence Project and most prosecutors cringe. They see the legal advocacy group that works to exonerate wrongfully convicted people as out to get them.

But not David Angel, the prosecutor named this month to head the newly re-established Conviction Integrity Unit in the Santa Clara County District Attorney’s Office.

Not only does he not fear the project, he also is teaching a wrongful conviction class alongside Cookie Ridolfi, director of the Northern California Innocence Project at the Santa Clara University School of Law.

It’s not that Angel holds prosecutors solely responsible when people are sent to prison for crimes they didn’t commit. He will forcefully point out that defense attorneys, mistaken eyewitness identifications and false confessions contribute to plenty of wrongful convictions. But Angel is devoted to making certain that the 170 prosecutors in Santa Clara County do all they can to get their cases right.

“He’s a model of a good prosecutor,” said Ridolfi.

As head of the Conviction Integrity Unit, Angel will review cases in which an allegation of a wrongful conviction has been made, examine office policies, serve as crime lab liaison and take charge of training prosecutors on a number of topics, including ethics.


LA TIMES EDITORIAL APPLAUDS END TO RACE-BASED PUNISHMENT IN CALIFORNIA PRISONS

Last week, the CA Department of Corrections and Rehabilitation agreed to end race-determined prisoner lockdowns triggered after a riot or other violent incident, settling a six-year-long class action lawsuit. The suit was originally filed on behalf of black inmates at High Desert State Prison who were confined to their cells for 14 months without access to outdoor exercise or rehabilitation programs, but was broadened to apply to all state prisoners.

An LA Times editorial says punishment based on race should not be used in detention facilities, that inmates should only have to account for their own actions, not the actions of every other inmate of the same race. Here’s a clip:

Racial segregation and discriminatory treatment of populations by race are, prison officials argued, important tools for combating violence. Squeamishness about such responses was a luxury afforded to outsiders who didn’t have to deal with the reality of prison conditions.

In fact, though, racial segregation is at best a temporary option to quickly defuse violence, but unnecessary and corrosive as an ongoing policy; and race-based punishment is an evil that goes to the heart of the American experience and cannot be countenanced in the justice system….

Inside prison walls, just as outside, people should expect that they will be treated according to their actions and not be made to pay for the transgressions, real or perceived, of others of the same race or ethnicity. Society’s failure to abide by that precept is intertwined with the history of crime and punishment and is exacerbated when race-based policies govern prison populations.


HOUSE DEMOCRATS WRITE LETTER TO PRESIDENT VOICING CONCERNS ABOUT DETENTION OF IMMIGRANT WOMEN AND CHILDREN

On Tuesday, over 30 House Democrats signed a letter to President Barack Obama sharing concerns about how the US is handling of immigrant detention and deportation, especially with regard to women and children fleeing violence from their home countries.

Politico’s Seung Min Kim has more on the letter. Here are some clips:

“At the current rates, within one year this administration will have increased capacity to detain immigrant women and children by more than 4,000 percent,” said Rep. Zoe Lofgren (D-Calif.), who spearheaded Tuesday’s letter. “As the law requires, there needs to be a better assessment in place to appropriately screen and assess these women and children, many of whom are fleeing violence, torture or persecution in Central America.”

[SNIP]

In Tuesday’s letter, House Democrats said it is “critical” that none of the families who are currently detained be deported until officials ensure they won’t be sent back to dangerous conditions – such as persecution or torture – in their home countries.

The Democratic lawmakers added that they are “concerned that the rapid expansion of family detention is being done in a manner that fails to meet the unique needs of parents and children.”


CHECKING IN WITH NATHANIEL AYERS, THE “SOLOIST,” AS HE RECORDS NEW ALBUM, PUTTING ON AYERS

For KCET’s SoCal Connected, LA Times’ Steve Lopez catches up with Nathaniel Ayers, the formerly homeless, Juilliard-trained musician who is the subject of Lopez’s book (and subsequent film) “The Soloist.” Lopez sits in on the recording of Ayers’ album, Putting on Ayers, the proceeds of which will fund mental health agencies’ art programs.

Posted in arts, immigration, Innocence, Mental Illness, prison policy | 3 Comments »

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