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Women and Reentry, Obama Supports Smarter Sentencing Act, Former 3rd-Strikers Stay Out of Prison…and More

February 27th, 2015 by Taylor Walker

A NEW WAY OF LIFE: HELPING WOMEN ON THE OUTSIDE

in a story for Cosmopolitan, Jean Friedman-Rudovsky takes a look at how critical reentry programs are to combatting the nation’s sky-high recidivism rates, with a particular focus on women.

If they are lucky, when women are released from prison (and jail), they will be connected with services and programs to help them successfully reenter their communities. And while reentry and rehabilitation offerings are growing, the majority of women leaving prison still don’t receive the help they need to make it on the outside. More than half of women return to prison within five years.

In South LA, one sober-living transitional housing program,a New Way of Life (ANWOL), has an 80% success rate, and has helped more than 750 women reintegrate, go back to school, find jobs, stay sober, and navigate the piles of treatments and classes and meetings with their probation and parole officers.

ANWOL’s founder, Susan Burton, has a personal knowledge of prison’s revolving door, having cycled in and out of lock-up herself for 15 years.

Here are some clips from Friedman-Rudovsky’s story:

Tiffany Johnson felt excited, scared, and a little incredulous on the day she was released from Central California Women’s Facility, the largest women’s prison in the world. She’d done 16 years of her life sentence, which she got for killing her mother’s boyfriend — the man she says raped her every day from age 5 to age 10. As Tiffany exited the prison gates, two thoughts ran through her mind: “I can’t believe this is happening” and “It’s a trick.”

A few hours later, the mixed emotions distilled into fear. “I tried to take a shower,” recalled Tiffany of that April 2010 night. She turned on the water, but it came out from the tub faucet below and she couldn’t figure out how to get it to flow from above. “I cried and cried,” she said. “I felt like if this is a problem, just turning on a shower, what else am I going to run into? What other struggles am I going to have?”

The list began with the mundane, like learning to use a cell phone and getting used to closing a door herself to be alone in a room. Then there were real challenges. As a felon, she was banned from most low-income housing, and finding a job seemed near impossible. In prison she had become an expert electrician, supervising and training the other women in her penitentiary’s electrical sector. Yet every time she applied for a job, she had to check a box admitting her criminal history and never even got interviews. She finally contacted the electronic company her prison subcontractor supplied, figuring they’d give her a chance. “They didn’t,” Tiffany, now 46, said, rolling her eyes. “I served my time and I was out. But it didn’t matter. It’s like I was still serving a life sentence.”

[SNIP]

“Effective reentry programs are the exception to the rule in terms of women’s transitions back into society,” said Marc Mauer, executive director of The Sentencing Project, a D.C.-based criminal justice research and advocacy organization. Hundreds of these programs have sprouted up over the years, but the supply is not nearly enough to deal with the demand, and few prison systems have adequate prerelease programs that inform women about their options. Though prisoners’ rights advocates hold prerelease seminars when they can, often inmates are left to find out about these services through word of mouth or chance. Tiffany learned about ANWOL from an offhand comment by a member of her parole board.

Though no one keeps track of the exact number of people released into reentry programs in the U.S., experts say the vast majority of newly released people land on their own and on the street. Women face all the challenges men do, plus added pitfalls, including limited job options, specialized housing needs, and social stigma. “Compared to 20 years ago, we have a greater understanding and concern about the situation for women,” Mauer said. But, he added, there’s a long way to go.

[SNIP]

Most parole and probation arrangements demand regular compliance checks, drug tests, limited contact with possible co-conspirators, restrictions on travel, group meetings, and frequent in-person reporting, on top of finding a job and place to live. “Who knows where she slept last night and you’re asking her to do all this?” said Evelyn Ayala, ANWOL’s case manager supervisor. “Disaster waiting to happen.”

Release practices are just part of the problem, Mauer of the Sentencing Project said. “Almost all our correctional systems say they are committed to reentry,” he said, “but the scale of what they do in practice is often pretty modest.” The trouble, he explained, is twofold: not enough programming to prepare women (or men) before they are released and the availability of services once they get out.

“When you get listed on parole, they are supposed to tell you everything that is available to you,” Tiffany said. “They don’t tell you all that. They just inform you that you have the right to get assistance from the parole agent.”


OBAMA BACKS SMARTER SENTENCING ACT TO CUT MANDATORY MINIMUM DRUG SENTENCES

President Barack Obama says he wants the bipartisan Smarter Sentencing Act to pass. (If you’re unfamiliar, the proposed legislation, sponsored by Rep. Raul Labrador, R-Idaho, would cut certain mandatory minimum sentences for non-violent drug offenses in half.)

Obama expressed his support of the bill at a meeting with members of Congress to discuss ways to fix the nation’s broken criminal justice system.

USA Today’s Gregory Korte has more on the issue. Here’s a clip:

White House spokesman Frank Benenati said Wednesday that the White House is still reviewing the text of the legislation, but that “it certainly appears” that the Labrador proposal meshes with the president’s aims to “make our communities safer, treat individuals more justly and allow more efficient use of enforcement resources.”

Obama has signaled his support for sentencing changes as recently as Monday, when he praised governors who had signed similar bills at a White House dinner.

“Last year was the first time in 40 years that the federal incarceration rate and the crime rate went down at the same time,” Obama said. “Let’s keep that progress going, and reform our criminal justice system in ways that protect our citizens and serves us all.”

Labrador said that’s an important point for Obama to make. “The main obstacle is the perception that sentencing reform will lead to more crime. And I think the opposite is true,” he said. “The concern is that we want to continue to be tough on crime, but we want to be smart on crime.”

[SNIP]

“There’s a profound zeitgeist. There’s nothing as powerful as an idea whose time has come,” Booker said. “Well, this idea is coming and that power I think is gonna push something good through Congress.”


ONLY 4.7% OF CA’S FREED THIRD-STRIKERS RETURNED TO PRISON…10 TIMES HIGHER SUCCESS RATE THAN THE REST OF CA PRISONERS

Since the 2012 passage of Prop 36 (the Three Strikes Reform Act), more than 2000 inmates serving life-sentences for low-level “third-strike” offenses have been resentenced and released in California.

An average of 18 months after being freed, only 4.7% of former third-strikers are locked up again for new crimes, compared with the rest of California’s prison population, which has a recidivism rate of about 45% a year and a half after release. And when third-strikers return to lock-up, it is most often for a drug or burglary offenses.

Erik Eckholm, in today’s front-page NY Times story has more on the former lifers and why they are triumphing over the statistics. Here’s how it opens:

William Taylor III, once a lifer in state prison for two robbery convictions and the intent to sell a small packet of heroin, was savoring a moment he had scarcely dared to imagine: his first day alone, in a place of his own.

“I love the apartment,” he said of the subsidized downtown studio, which could barely contain the double bed he insisted on having. “And I love that I’m free after 18 years of being controlled.”

“My window has blinds, and I can open and close them!” he exclaimed to visitors the other day, reveling in an unaccustomed, and sometimes scary, sense of autonomy.

Mr. Taylor, 58, is one of more than 2,000 former inmates who were serving life terms under California’s three-strikes law, but who were freed early after voters scaled it back in 2012. Under the original law, repeat offenders received life sentences, with no possibility of parole for at least 25 years, even if the third felony was as minor as shoplifting.

Formerly branded career criminals, those released over the last two years have returned to crime at a remarkably low rate — partly because they aged in prison, experts say, and participation in crime declines steadily after age 25, but also because of the intense practical aid and counseling many have received. And California’s experience with the release of these inmates provides one way forward as the country considers how to reduce incarceration without increasing crime.

“I hope the enduring lesson is that all of these people are not hopeless recidivists,” said Michael Romano, director of the Three Strikes Project at Stanford Law School, which provides legal aid to prisoners and training to public defenders.


FREE MINDS INSPIRES TEENS BEHIND BARS, AND HELPS THEM ACHIEVE THEIR DREAMS ONCE RELEASED

In Washington DC, a non-profit jail book club, Free Minds, uses poetry as an emotional and creative outlet for teens behind bars, and provides them with a support system of reentry services and fellow alumni to keep each other on track and motivated (and to eat pancakes and share poetry with) once they are released. We’ve covered the healing power of poetry before: here, and here.)

The Washington Post’s Robert Samuels has more on the program, and the teens and young men who benefit from it. Here’s a clip:

…they stick together. The support system that strengthened them then is the one they are counting on to help them now that they’re out. The unlikely community has become an unlikely lifeline, as they try to defy the patterns that send ex-offenders back to jail.

They fall into a high-risk category: Juveniles tried as adults are 34 percent more likely than youth tried as juveniles to return to prison, according to a 2007 report from the Centers for Disease Control and Prevention.

The alumni of the book club have no interest in becoming part of this statistic. So they work together to create goals. They applaud when someone meets his goal, such as when Barksdale got a job working full time as a city maintenance worker. They share job leads and work out together and meet up for pancakes.

They particularly like to lead writing workshops, which is why they are at this English class on a January day.

Barksdale recites a poem he wrote in his sixth year of prison, at 22:

“The things we took up are guns, knives and bats, yeah, we be armed and strong

But how do you know it’s not right if you’re being taught wrong?”

Read more poetry from the young men of Free Minds, here. And go over to the Washington Post to watch participants share their poetry.


BOOSTS TO ARTS EDUCATION IN LA, INCLUDING PARTNERSHIPS WITH COMMUNITY ARTS PROGRAMS

The Los Angeles Unified School district is seeking to re-establish community arts education partnerships (once spurned) to bring art back into classrooms. The school district is also developing a formula to allocate arts funds more appropriately to schools and that need it most.

KPCC’s Mary Plummer has more on the issue. Here’s a clip:

Pullens lauded the district’s recent announcement clearing the way for arts funding for low-income students, and pointed to new allocations this year that helped some of the district’s schools purchase items like art supplies.

He also said the district is working on a school survey to create an arts equity index that will change the way the district allocates arts funds. The index would measure how well schools are providing arts instruction and arts access to students. Originally planned for release last year, the index is now expected next month.

But Pullens also painted a grim picture of the district’s current arts offerings. He said about a third of the district’s middle schools currently offer little or no exposure to the arts. Some of the district’s students can go through both elementary and middle school without taking a single arts class, he said. Because of gaps in arts instruction, students who start learning an instrument in elementary school, for example, might not have classes to continue music study in their middle or high schools.

Posted in Homelessness, LAUSD, Obama, prison, Reentry | No Comments »

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

February 26th, 2015 by Taylor Walker

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

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

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

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

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

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

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

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

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

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

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


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

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

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

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

Here are some clips from Hill’s second story:

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

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

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

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

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

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

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

[SNIP]

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

[SNIP]

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

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


CALIFORNIA TEACHERS WILL NOW BE TRAINED TO IDENTIFY CHILD ABUSE

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

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

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

[SNIP]

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

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

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

Koch Campaign, Violence Intervention in Hospitals, Mental Illness and Solitary, Legislation Against Over-medicating Foster Kids

February 4th, 2015 by Taylor Walker

A FACE FOR THE KOCH BROS’ CAMPAIGN AGAINST MANDATORY MINIMUM SENTENCES, CIVIL FORFEITURE, AND MORE

Weldon Angelos will spend 55 years in prison for selling weed while carrying a firearm, a punishment tremendously disproportionate to the crime, thanks to mandatory minimum sentencing laws. The conservative multi-billionaire Koch brothers want to help free Angelos (only possible through a presidential pardon), and introduce him as the face of their criminal justice system reform campaign. The campaign will target harsh mandatory minimum laws, overcriminalization of non-serious, non-violent offenses, civil asset forfeiture abuse, militarization of police, and reentry services.

The Koch brothers are part of a growing trend of Republican leaders and groups emerging as leaders in the fight against mass incarceration. Another high-profile group, the Texas-based Right on Crime, were integral to the passage of California’s three-strikes reform bill, as well as the more recent Proposition 47.

The Daily Beast’s Tim Mak has the story. Here’s a clip:

Judge Paul Cassell protested the sentence when he was forced to make it in 2004, a move he told The Daily Beast he considers “the most unjust, lengthy sentence that I had to hand down.”

At the time of the trial, Cassell noted that Angelos’ sentence exceeded the minimum required for an individual convicted of airline hijacking, detonating a bomb intended to kill bystanders, and the exploitation of a child for pornography.

Angelos is now 35 years old and has spent some 11 years behind bars.

He has more than 40 years left to go. Even though his crime was non-violent, parole is not an option at the federal level.

His only hope for relief from his sentence is an order by the president.

“If we’re going to deprive someone of liberty, and deal with the high cost of incarceration, it better solve a problem. And in this case, it doesn’t solve any problem,” argued Mark Osler, Angelos’ lawyer, who filed a clemency petition on his behalf in 2012.

This is where the Koch brothers come in.

The case is being highlighted by Koch-backed group Generation Opportunity, which targets millenials, in a broader campaign to press for criminal justice reforms this year.

They will kick off the campaign with a documentary highlighting Angelos’ predicament, premiering at Washington, D.C.’s Newseum next week.

In the same vein, Mother Jones’ Sam Brodey has a roundup of five important criminal justice issues we may see some bipartisan reform on from Congress soon, including sealing and expunging records, good time credits, and mandatory minimums. Here’s a clip:

Earned-time credits: These programs, under which prisoners can work to earn an early release by completing classes, job training, and drug rehab, are highly popular among reformers. Many states already offer them, and they’ve been touted as smart, efficient ways to reduce prison populations as well as recidivism rates. Jay Hurst, a criminal-justice lawyer and commentator at the Hill, says that this is the likeliest issue where Congress could pass legislation this year.

Easing up mandatory minimums: These laws, which broadly require those convicted of certain crimes to serve set sentences regardless of the specifics of the case, are considered hallmarks of the tough-on-crime approach politicians used to embrace. Critics, such as advocacy group Families Against the Mandatory Minimum, argue that these laws “undermine justice by preventing judges from fitting the punishment to the individual” and that they are one of the main reasons for overcrowded prisons. According to Jesselyn McCurdy, a criminal-justice expert at the American Civil Liberties Union, half of those locked up in federal prison are there for drug offenses, to which mandatory minimums are often rigorously applied.

Last January, Sens. Dick Durbin (D-Ill.) and Mike Lee (R-Utah) introduced the Smarter Sentencing Act, which intended to reduce the size of the prison population and rein in ballooning costs by reducing mandatory minimum sentencing, especially for drug-related crimes. Someone serving a 10-year sentence for a nonviolent crime could theoretically get out in five, under the legislation. The bill also proposed broadening judges’ discretion to sentence below federal minimums, known as the “safety valve” for oversentencing.

The Durbin-Lee bill died in committee—a common fate for criminal-justice legislation—and a total overhaul of mandatory minimums could be a tough ask for this Congress. The Senate Judiciary Committee’s new chair, Sen. Chuck Grassley (R-Iowa), is a vocal defender of sentencing minimums. Still, experts say there’s reason to believe some progress could get made. “Safety valve relief could happen this Congress,” Hurst said, because it’s considered a more moderate path to reducing sentences.


HOSPITAL PROGRAMS BREAKING THE CYCLE OF RETALIATORY VIOLENCE

A growing number of “hospital-based violence intervention programs,” designed to interrupt patterns of violence in kids’ lives, are cropping up in California and across the US.

These programs ensure there are tools and resources to redirect kids and teens from retaliation, when they turn up at hospitals suffering from violent injuries and traumas.

Not only are these methods successfully keeping kids and communities safer by connecting kids with therapy, job training, and other services at a pivotal moment, they are saving criminal justice systems (and hospitals) money.

Pacific Standard Magazine’s Lauren Kirchener has this story (we didn’t want you to miss). Here’s a clip:

When Joel Fein was working in the emergency room of the Children’s Hospital of Philadelphia, treating a 16-year-old boy for injuries he had suffered in a fight, he felt truly helpless when he heard the boy say: “The guy that did this—I’m gonna cap him.” It would mean another fight, another victim of violence, and another patient in the ER. How could Fein do anything to stop the continuation—and escalation—of violence?

This helpless feeling, and this question, both eventually led Fein to his role as co-chair at a national network of “hospital-based violence intervention programs” (HVIPs) that teach health care workers how to help kids and teenagers who have undergone a trauma, and to divert their energies away from dangerous retaliation. And (not that this should be the primary goal, but) according to a new study out by Drexel University, it might save communities a lot of money, too.

The idea behind an intervention program in the hospital setting is that, while victims of violence might have other opportunities to connect with social workers or other resources at other times in their lives, the time right when they are recovering from their injuries may be the most crucial. So the people who are surrounding them at that time should be trained to help them make the right choices. The national network’s handbook for starting up a new hospital-based program reads:

The philosophy of these programs is that violence is preventable and that trauma centers and emergency rooms offer a unique opportunity at the hospital bedside—the teachable moment—to most effectively engage a victim of violence and stop the cycle of violence.

How programs actualize that philosophy will vary, but, for instance, San Francisco’s Wraparound Project assigns case managers to patients who can organize ongoing home visits or cognitive behavioral therapy, and can help patients get better access to government services. They can also point young people to vocational training and new after-school programs to occupy their time, and even to free or discounted tattoo removal—presumably so the kids can take steps to dissociate themselves from gangs.


WAREHOUSING MENTALLY ILL PRISONERS IN SOLITARY CONFINEMENT, THEN RELEASING THEM WITH A WORSENED MENTAL STATE

In the first of a four-part series for WNYC’s Morning Edition program, Cindy Rodriguez shares the tragic story of Sedlis Dowdy, a severely schizophrenic man who has spent nine years in solitary confinement (seventeen total in prison, with five to go) for violent crimes associated with his mental illness.

Dowdy was released once, at the end of his fourteenth year behind bars, but only made it a few days in transitional housing before he was locked up again for stabbing someone. He will likely be released again in five years.

Among a number of other collateral consequences of how the US uses solitary confinement, a high percentage of people held in solitary confinement are eventually going to leave prison—often with more mental problems than when they arrived. When they are released back into their communities, they take illnesses exacerbated by isolation with them. (California struggles with this problem, as do many other states.)

Here are some clips from the WNYC story:

Dowdy grew up poor in Harlem during the 70s and 80s, as the state’s mental-health system went through a wrenching transformation away from large institutions to the underfunded, underperforming system that it is today.

The illness derailed what could’ve been the story of a young man who beat the odds. Despite frequent fights and dropping out of high school, he did well on his GED and attended college at Morrisville State in central New York.

[SNIP]

…in February of 1996, he shot a man at St. Nicholas Park in Harlem.

“I didn’t even know the guy,” Dowdy said. “I couldn’t take the voices no more and they was telling me to do it.”

Dowdy’s violent crime made him an outlier: Research suggests that only 4 percent of violence in the U.S. can be attributed to the mentally ill. He was sentenced to five to 10 years but ended up serving 14 because of the serious trouble he got into. Within a 15 month period, starting in October of 1997, he became uncontrollable. The state Department of Corrections said he assaulted inmates and staff, had weapons and disobeyed direct orders. Dowdy said he was off his meds and delusional at the time.

And as he acted out, the prison responded with more punishment. Dowdy spent nine years, nearly a quarter of his life, in solitary confinement and was often only fed what’s called “the loaf,” which is a brick of baked bread and vegetables.

Experts say extreme isolation is like physical torture for someone who is mentally ill. Over the last four years, several states have scaled back their use of solitary for more vulnerable populations, including New York, which enacted a new policy last year as the result of a lawsuit.

Dowdy’s situation got so bad, he took to throwing feces on guards. He was prosecuted for it and got four extra years added to his sentence. Soon, according to Dowdy, punishment turned into brutality by guards. He described guards beating him, putting glass in his food and trying to break his legs.

“At the time I was just so angry I didn’t know what to do,” he explained. “And nobody was listening to me, so I would come out of my cell and not go back in.”

When asked about the abuse, the state Department of Corrections said records show Dowdy spent nine months on the loaf and in 2000 was the subject of one excessive use of force report complaint, the details of which were lost when the agency changed computer systems.

The environment inside prisons and jails is known to exacerbate mental illness, making treatment that much more difficult to deliver.

“The more chaotic the environment, the harder it is for somebody who is already having trouble organizing their thoughts and organizing their behavior to deal with it,“ said Dr. Paul Appelbaum, a forensic psychiatrist at Columbia University.


UPCOMING CALIFORNIA BILLS TO TARGET UNCHECKED OVERPRESCRIBING OF PSYCHOTROPIC MEDS FOR FOSTER KIDS

Karen de Sá’s alarming five-part investigative series for the San Jose Mercury exposed the excessive use of psychotropic medications to treat California kids in the foster care system. Last year, the Department of Health Care Services tightened restrictions on how doctors prescribe these meds to kids in the foster care system, as a result of the exposé.

This year a number of California bills are in the works to protect foster kids from dangerous over-medication.

One bill would allow kids to receive alternate treatments to certain psych drugs. Another would provide training to foster parents regarding psychotropic prescriptions.

San Jose Mercury’s Karen de Sá has more on the issue, as well as a rundown on the rest of the upcoming bills. Here’s a clip:

With a half dozen legislators exploring bills, de León’s staff has been working behind the scenes, attending meetings of a statewide reform group and meeting with advocates led by the Oakland-based National Center for Youth Law and lawmakers considering bills.

“When the government takes the extraordinary step of removing a child from their families because of abuse or neglect, it assumes the tremendous responsibility of ensuring they are cared for and not further abused or neglected by the system,” de León said in an email.

This newspaper’s series “on the overprescribing of psychotropic medications has shed a spotlight on a deeply troubling aspect of the system,” de León said. “The Senate will be investigating the plight of the adolescents highlighted in these articles, as well as foster children generally.”

[SNIP]

Lawmakers, including state Sens. Jim Beall, D-San Jose, and Holly Mitchell, D-Los Angeles, and Assemblyman David Chiu, D-San Francisco, have each submitted early language to the Legislative Counsel’s Office, their staff members confirmed. Other bills that address prescribing psychotropics in group homes are also in the early stages.

The influential California Welfare Directors Association is working with Mitchell’s office on legislation that would provide more information to judges, social workers and others in the lives of foster children about their medication and treatment history. That information would give judges who authorize medications more than just a prescriber’s recommendation. It would include observations from social workers, caregivers and the children themselves.

“We’ve been very concerned about making sure that only kids who really need these drugs are getting them,” said Frank Mecca, the welfare director association’s executive director.

Yet, opposition has already surfaced over the state Department of Health Care Services’ decision last fall to require that doctors receive extra authorization to prescribe antipsychotics to children 18 and younger in the public health system…

Hop over to the SJ Mercury for the rest of the story.

Posted in Foster Care, juvenile justice, Mental Illness, prison, Reentry, Rehabilitation, Right on Crime, Sentencing, Trauma, Violence Prevention | No Comments »

“Ghettoside”….Unsolved Murders….a CA Prison Healthcare Company and Inmate Deaths…and Helping Homeless Kids

January 26th, 2015 by Taylor Walker

“HOMICIDE REPORT” CREATOR JILL LEOVOY’S NEW BOOK PORTRAYS VIOLENCE IN INNER CITY COMMUNITIES

In her brand new book, Ghettoside: A True Story of Murder in America, LA Times crime reporter Jill Leovy tells the story of an 18-year-old son of a homicide detective, Bryant Tennelle, who was shot by gang members looking for an easy target from a rival neighborhood. Tennelle was a smart, black kid who was not in a gang.

Ghettoside uses Tennelle’s tragic death and subsequent investigation as a human portrait of homicide in Los Angeles and across the country, particularly young men of color killing other young men of color, breakdowns in the criminal justice system, and why so many of these murders go unsolved.

Leovy’s book is already getting a lot of well-deserved attention (and we’ll have more on Ghettoside when it’s released).

Prior to writing Ghettoside, Leovy created the LA Times’ Homicide Report, a ground-breaking blog that endeavored to record every homicide in LA County, and told the stories of the unknown and unnoticed victims, matching faces to the statistics.

NPR’s Scott Simon interviewed Leovy about her book, which will be released tomorrow (Tuesday). Here’s a clip:

On what the Tennelle murder investigation found:

The [detectives] … call it “profiling murder.” And so what’s happening is gang members will get in a car, they will go to the rival neighborhood to send a message and they will just look for the easiest, most likely victim they can find. And [it's] probably going to be a young black man. And if he fits the part, that’s good enough. And an astonishing number of victims — I did a count in 2008 of 300-some LA homicides of the gang-related homicides, and I think something like 40 percent of the victims were this sort of a victim: non-combatant, not directly party to the quarrel that instigated the homicide, but ended up dead nonetheless.

On the challenge of getting witnesses to talk:

Well, everybody’s terrified. I’ve had people clutch my clothes and beg me to not even write that there was anybody at the scene. I’m not even describing them. They just don’t want anyone to know that there was somebody at the scene. …

In the big years in LA, in the early ’90s, young black men in their early 20s — who, by the way, are a disproportionate group among homicide witnesses because this is the milieu they’re in — had a rate of death from homicide that was higher than those of American troops in Iraq in about 2005. So people talk about a “war zone” — it was higher than a combat death rate. They are terrified, they have concrete reason to be terrified and then the justice system comes along and asks them to put themselves in possibly even more danger. What would you do?

Ghettoside also landed a front-page NY Times book review by Jennifer Gonnerman.


AND WHILE WE’RE ON THE SUBJECT OF THE UNSOLVED HOMICIDES IN L.A. OF YOUNG MEN OF COLOR…

The LA Daily News has two excellent stories sharing common themes with Leovy’s Ghettoside.

In the first, Sarah Favot, compiled and analyzed mountains of unsolved LA County homicide data from 2000-2010. Favot found that 46% of the 11,244 homicides recorded during those years remain unsolved. At 54%, LA County had nearly a 10% lower success rate than the national average (63%).

Here are some clips from Favot’s report:

The homicide information analyzed by this news organization is the first-of-its-kind database of unsolved homicide cases in L.A. County from Jan. 1, 2000, through Dec. 31, 2010. A 54 percent countywide clearance is not satisfactory, said L.A. County Sheriff Jim McDonnell. “In the real world, these are people’s lives and their memories and how they view the system,” McDonnell said. “You can never bring the person back, but at least there is some level of justice when people are held accountable; it adds to the credibility of the system.”

[SNIP]

The data analysis is based on 11,244 homicides recorded over the time period by the L. A. County Department of Medical Examiner-Coroner. Law enforcement agencies throughout the county provided the statuses of 10,501 homicide investigations. Information was not provided on 682 cases and detectives determined an additional 61 deaths were no longer considered homicides.

In 44 percent of the cases in which the status was known, a suspect had been arrested. About 10 percent of the homicides are considered “solved by other means” either because the suspect had died, the case was deemed a murder-suicide or police investigators determined the death to be justified, as in the case of an officer-involved shooting.

“This is eye-popping data when you look at it in detail,” said Jody Armour, the Roy P. Crocker Professor of Law at USC. “You see stark differences in just homicide numbers and (clearance) rates as a function of race….It’s a window on race and class and crime in L.A. and therefore in much of America.”

[SNIP]

Half of the homicides of black victims remain unsolved. Black victims made up about 34 percent of all homicides recorded in L.A. County during the 11-year period.

Blacks and Latinos are killed most often because they are more likely to live in high crime and gang-affected areas where illegal weapons proliferate, said Jorja Leap, a professor at the UCLA Luskin School of Public Affairs and nationally recognized gang expert conducting a five-year research study evaluating the impact of Homeboy Industries, a gang-intervention and re-entry program in Los Angeles.

In the second, Rebecca Kimitch explores two crucial reasons many of these homicides go unsolved—witnesses’ mistrust of law enforcement and fear of retaliation for “snitching”—as well as what can be done to build trust between cops and communities. Here are some clips:

…some departments in large cities across the United States, including Houston, Denver, San Diego and Jacksonville, have bucked the trend, boasting homicide clearance rates of 80 to 90 percent. They’ve even cleared more of the most difficult to crack cases: those involving gangs.

How have they done it?

To start, by finding something that doesn’t cost a dime but eludes most police departments: community trust.

[SNIP]

“People just don’t want to get involved. Nobody would tell me, ‘Detective Yu, this is what I saw,’ ” the detective said. “That happens a lot in gang cases. At the end of the day, the common denominator is people are scared to talk.”

It’s the snitch rule, explained 26-year-old South L.A. student Shea Harrison. Talking means risking your life, he said, and it doesn’t matter if the victims weren’t part of a gang.

“It’s just the code,” he said.

On the rare occasion that witnesses come forward with information in gang-related homicides, getting them to testify in court “can take an act of God,” said Los Angeles County sheriff’s homicide Detective Frank Salerno.

And with the Internet and social media making it easier to track people down, the fear of retribution is growing, Salerno said, making the public less and less inclined to get involved. While social media has also made it easier, in come cases, for police to track down witnesses, just because someone said something on Twitter, they aren’t necessarily going to say more to police or in a courtroom, Salerno said.

In some cases, it’s not gangs that potential witnesses fear, it’s the police…


PRIVATE PRISON HEALTH CARE COMPANY SUED FOR INADEQUATE CARE IN THE WAKE OF INMATE DEATHS

California Forensic Medical Group provides health care (and in many cases mental health care) to 65 adult and juvenile facilities in more than 20 counties, including Ventura, Yolo, Monterey, and Sonoma.

Allegations of negligence via inadequate physical and mental healthcare, drug detox services, and severe understaffing have emerged as the number of healthcare-related deaths have jumped in counties across the state. CFMG has come up against more than a dozen lawsuits by California inmates’ families.

From 2004 to 2014, 92 people either committed suicide or overdosed on drugs under the care of CFMG in county facilities. In 2012, when CFMG took over health care in Santa Cruz, four people died within the nine months. Last year in Sonoma, four inmates died in less than a month.

The Sacramento Bee’s Brad Branan has more on the issue. Here’s how it opens:

On a Saturday morning in 2010, Clearlake police showed up at the home of 38-year-old Jimmy Ray Hatfield after he barricaded himself in his bedroom and told his parents he had a bomb.

Hatfield was mentally ill and thought someone was going to kill him, his parents told police. After a lengthy standoff, he was brought to a hospital, given an antipsychotic and a sedative and transported to the Lake County jail, records show.

The jail nurse received paperwork from the hospital detailing his psychotic state, but said she did not review it because that was the job of another nurse. That nurse wasn’t scheduled to work for another day and a half.

By then, Hatfield was found unresponsive in his cell, hanging from a bed sheet.

The company responsible for the jail’s health care, California Forensic Medical Group, was accused by Hatfield’s family of negligence in his death and settled the case for an undisclosed amount. It has faced allegations that it failed to provide proper care in dozens of U.S. District Court cases over the last decade.

CFMG is the state’s largest for-profit correctional health care company, delivering medical service in 27 counties, including El Dorado, Placer and Yolo. The company also provides jail mental health service in 20 counties.

The company started in 1984 with a contract to provide care in Monterey County and has consistently grown by taking over inmate health care in small and medium-size counties. Bigger counties, including Sacramento, tend to provide their own correctional health care.

Since the state started sentencing lower level offenders to county jails instead of state prisons in 2011, attorneys who successfully sued the state over inmate health care are now suing counties. That realignment has prompted more counties to rely on private companies such as CFMG to oversee jail health care to control costs and reduce liability.

At least three county grand juries have criticized the company’s role in inmate deaths. Some investigations have been spurred by a spike in deaths – four people in Sonoma County in an 11-month period ending in 2007 and four people in nine months in Santa Cruz County after CFMG took over health care in 2012.

Sonoma County officials are promising yet another investigation following the death of four inmates in less than a month last year.

A common thread in the reports and court complaints: CFMG allegedly provides insufficient mental health and detoxification services, two of the most persistent needs in jails.


NINE PRINCIPLES FOR HELPING KIDS ESCAPE HOMELESSNESS

In LA County in 2013, two-thirds of the 7,400 homeless family members were children, in addition to 819 unaccompanied minors, according to the Los Angeles Homeless Services Authority’s homeless count.

The Chronicle of Social Change’s Robin Rivera, once a runaway herself, points to nine evidence-based approaches to help children out of homelessness, established by the Homeless Youth Collaborative on Developmental Evaluation.

Here are the first four:

Journey Oriented: Recognizing that everyone is on a journey and conveying that message to the client. It is helping them to see a future and they get to choose what they will create.

Trauma-Informed: All staff that have contact with clients need to be trauma trained as to be more successful and to not inflict any additional traumatic experiences for the youth.

Non-Judgmental: To make sure that clients know they will receive services and support regardless of their past, present, or future choices. This creates trust and openness.

Harm Reduction: Help clients to minimize risky behaviors in the short and long-term scenarios. This means understanding that risky behaviors do not go away over night, but an emphasis on working towards reduction.

Posted in Foster Care, Gangs, Homelessness, mental health, prison, racial justice | No Comments »

Ezell Ford, LA County Crime Rates, Flashbang Grenades, and Kids’ Perceptions of Incarceration

January 15th, 2015 by Taylor Walker

EZELL FORD: BEFORE THE DEADLY ENCOUNTER WITH LAPD OFFICERS

Going beyond Ezell Ford’s controversial death at the hands of LAPD officers last August, KPCC’s Sharon McNary shares important pieces of the young man’s history—from his promising childhood (one filled with not so far-fetched dreams of playing pro basketball), to getting hit by a bullet during a gang-related shooting in 2008, to his battle with mental illness. Here are some clips:

“To his aunt December 25, 2004. My goals in life. What do I want to be when I am 20 years old? I would like to be a pro basketball player. I would like to be in college studying to be a doctor.”

Ford, at 16, filled the page with his careful, neat printing. He imagined each decade of his future life: practicing medicine during his pro-basketball off-season, retiring from the game, owning a nice home.

At age 50, Ford wrote, “I would be relaxing with my wife. I would still like to be a doctor.”

[SNIP]

In September 2007 Ford was arrested on felony charges of possession of marijuana with intent to sell and carrying a loaded firearm. He was 19.

[SNIP]

Two days after that conviction he was shot in his own neighborhood.

66th Street is home to a subset of a street gang known as the East Coast Crips. It got the name because it’s just east of the 110 freeway. Walls in the vicinity are prominently tagged with the gang initials, ECC.

Ezell Ford was one of the early casualties in a gang war that took at least four lives and wounded at least 13 people….

Neighbor Vanessa Santory lives on the Fords’ block. As she watches her granddaughter play on a skateboard in an apartment house driveway, she recalled that shooting.

“Oh, yes, I remember a little bit vaguely about it when they shot Little E in the foot, I think, or the leg? He got shot.”

But she said Ford was an innocent bystander.

“I would say so, because I never seen him gang bang or anything like that, none of [Tritobia Ford's] boys, really, none of them,” she said.

She said that after he was shot, his mental illness became more noticeable.

Clark said his mother took him to doctors. “They diagnosed him as being bipolar, and they put him on medication.”

Ford walked for hours at a time to clear his mind, she said.

Clark says that’s what he was most likely doing on the day of his fatal encounter with two gang police officers last Aug. 11.


LA SHERIFF ANNOUNCES DROP IN CRIME RATES, DISCUSSES IMPLICATIONS

On Wednesday, LA County Sheriff Jim McDonnell announced that the number of homicides in LASD territory last year went down 10.5% from 2013—the lowest recorded number of murders (149), since 1970. McDonnell also shared the county’s 5-year statistics. Homicides fell 26% from the number recorded in 2009.

Major violent crimes dropped 4.9% from 2013, and 20.7% between 2009 and 2014. And despite law enforcement predictions that realignment (and more recently, Prop 47) would increase property crimes, the number, in fact, decreased 6.2% from 2013, and 5.8% from 2009.

LA Sheriff Jim McDonnell says the overall decline can be attributed, in part, to fewer gang crimes (although, he said, the majority of the county’s homicides were still gang-related), improved policing, and building better community relations.

The LA Daily News’ David Montero has the story. Here’s a clip:

In 2013, there were 164 homicides, compared to 149 in 2014. By comparison, the high-water mark for homicides in Los Angeles County dating back to 1960 was 424 in 1992.

But he acknowledged most homicides are rooted in gangs. Last year, 63 percent of the 149 homicides in the county were gang-related. He said the department will continue to push youth-based activities to keep kids off the streets.

“The gangs drive our violent crime rates and particularly the homicide rate,” [LA Sheriff Jim McDonnell] said. “We know most of our gangs are young kids that grew up in an environment that was often dysfunctional. The opportunities that are there for kids in some of our neighborhoods weren’t there for them and they went down the wrong track.”

KPCC’s Frank Stolze also reported on the sheriff’s announcement. Here’s a clip:

While McDonnell credited better policing, he also said improving community relations as one reason crime is down. Those relationships have gotten better over time, he argued, despite news of corrupt and brutal deputies inside the jails.

“It really comes down to a great partnership with the community,” the sheriff said.

That partnership has improved in part because of the declining influence of street gangs, according to Captain Rod Kusch, who heads the Sheriff Homicide Bureau.

“Their strangleholds on neighborhoods is weaker,” Kusch told KPCC. “In the past, that’s driven people away from cooperating with us. They’ve been afraid of retaliation.”

Illegal drug transactions occur mostly behind closed doors now and gangs are less visible in many neighborhoods, Kusch said. “If you have confidence you can talk to police without repercussion, you’re more likely to talk to them.”


FLASHBANGS: HAZARDOUS, UNCHECKED OVERUSE

Diversionary grenades that issue a blinding light and deafening noise, flashbangs, have become a common tool, valuable for uses in extreme situations, like stopping an active shooter, by SWAT teams in big cities.

But in raids across the US, undertrained police officers (many in small municipalities) deploy flashbang grenades, with minimal oversight, often during drug raids that turn up little or no contraband. The unchecked use of flashbangs has resulted in grievous injuries to citizens and officers, including severed limbs and severe burns.

An ACLU report released last June found that SWAT teams were 14 times more likely to use flashbangs during drug raids than any other type of raid (like, you know, hostage, barricade, or shooter situations).

Propublica’s Julia Angwin and Abbie Nehring have more on the issue. Here are some clips:

Police argue that flashbangs save lives because they stun criminals who might otherwise shoot. But flashbangs have also severed hands and fingers, induced heart attacks, burned down homes and killed pets. A ProPublica investigation has found that at least 50 Americans, including police officers, have been seriously injured, maimed or killed by flashbangs since 2000. That is likely a fraction of the total since there are few records kept on flashbang deployment.

The U.S. Court of Appeals for the 7th Circuit wrote in 2000 that “police cannot automatically throw bombs into drug dealers’ houses, even if the bomb goes by the euphemism ‘flash-bang device.’” In practice, however, there are few checks on officers who want to use them. Once a police department registers its inventory with the Bureau of Alcohol, Tobacco, Firearms and Explosives, it is accountable only to itself for how it uses the stockpile. ProPublica’s review of flashbang injuries found no criminal convictions against police officers who injured citizens with the devices.

[SNIP]

If there was ever a flashbang injury that might have warranted criminal charges against an officer, it would be the case of Bou Bou Phonesavanh, a 19-month-old baby who last May was nearly killed by a flashbang during a drug raid in Georgia. The case garnered national attention.

Bou Bou was sleeping in a portable playpen at the foot of his parents’ bed when the Habersham County Special Response Team broke down the door to the room and threw a flashbang. The grenade landed on a pillow next to Bou Bou’s face. The blast blew a hole in his chest, severed his nose, and tore apart his lips and mouth. The SWAT team was looking for the boy’s cousin, Wanis Thonetheva, who a day earlier had allegedly sold a bag of methamphetamine to a confidential informant on the property. But Thonetheva wasn’t there, and no drugs or weapons were found. Hours later, Thonetheva surrendered peacefully when officers knocked on the door at a nearby house where he was staying.

At the hospital, Bou Bou was placed in a medically induced coma for almost a month. He has had eight reconstructive surgeries, including skin grafts, and racked up $1.6 million of medical bills that his family cannot afford to pay. In the next few months, he will need surgery to remove black flashbang powder that embedded in his face, arms and chest before it gets infected. And because his skin grafts won’t grow as he grows, Bou Bou will need reconstructive surgery every two years for the next 20 years. His mother, Alecia Phonesavanh, said that she and her husband plan to donate their own skin for the future grafts. Bou Bou often wakes up in the middle of the night screaming and shaking and holding his mouth. “It almost seems like he’s remembering what happened,” said Alecia Phonesavanh, who has been unable to hold down a job since the accident because of the demands of caring for her son.

In October, a Habersham County grand jury declined to indict the officers involved. “Some of what contributed to this tragedy can be attributed to well-intentioned people getting in too big a hurry,” the grand jury wrote in its findings.

Angwin and Nehring spoke with one of the first men to build flashbangs for police use, who stopped selling the grenades when he realized the scope of officers’ misuse and resulting injuries. Here’s a clip:

But, as flashbangs became ubiquitous, Nixon worried that departments weren’t training officers to use them properly. Reports of accidents started to trickle in. A prison guard in Nevada lost her hand when a flashbang exploded during a training exercise. And then, in 2002, an officer closer to Nixon’s home in Arkansas was injured. An Omni Blast exploded in the hand of Brandt Carmical, a North Little Rock police officer, as he conducted a flashbang demonstration for a local Boy Scout troop. It pulverized his right hand, blew out his right eardrum and perforated his left eardrum. “I saw all this flesh,” Carmical recalled. “I couldn’t hear anything.” At the hospital, Carmical’s hand was amputated at the wrist. Later, he had to go back for further surgery because black powder from the flashbang was causing his skin to rot.

Carmical sued Nixon, arguing that the Omni Blast was defective and exploded too quickly. Nixon said that although it is possible that his device was faulty, he suspects that the accident occurred because the spoon was prematurely released. The dispute was settled out of court for an undisclosed amount (which Carmical said allows him to forgo a second job), and no judicial determination was made about the cause of the accident.

Nixon said he stopped selling flashbangs two years after Carmical’s accident, concerned that police officers are not sufficiently trained to use them. “I realized that, let’s say this is the perfect device,” Nixon said, “it’s still going to hurt people.” In Nixon’s opinion, the police are wrong to treat flashbangs like less destructive weapons such as tear gas and sound cannons. “It boggles my mind,” he said.


ANOTHER STUDY EXPLORING THE EFFECTS OF PARENTAL INCARCERATION ON KIDS: PERCEPTIONS OF LOCK-UP

A new first-of-its-kind study published in the journal Applied Psychology in Criminal Justice takes a look at what at-risk kids understand and perceive about parents’ incarceration.

The study analyzed responses from the interviews of 106 kids between ages 8 and 14: 42.5% with parents who had been arrested before, and 32.4% with parents who had been incarcerated.

The majority of kids believed that jails and prisons are violent, unsafe places. Many kids believed that only bad people get locked up, and more than 12% believed parents were not allowed to see their kids while incarcerated.

Kids’ beliefs about incarceration, researchers said, could induce anxiety about their moms and dads’ safety and health while locked up.

Here’s a clip from the study:

Of note, many youth described jail as a violent place where offenders are not safe. Particularly for youth with incarcerated parents, these perceptions may provoke anxiety about the parent’s well being during the separation. A subset of youth indicated that incarcerated parents could not see their children during their incarceration.

Although this is true in some situations (e.g., long distance between the youths’ home and the facility), it may be disturbing for youth to believe they will not be able to see their parent if he or she is incarcerated. Of additional concern is the belief that individuals who go to jail are “bad people,” which was prevalent in the current sample. These perceptions, when held by the peers of youth with incarcerated parents, may lead to stigmatization of the youth, who might be regarded in a similar way (Hagen & Myers, 2003). Similarly, if youth with incarcerated parents believe their parent is a “bad” person, they may in turn internalize that belief about themselves, which may lead to psychological maladjustment.

Youths’ understanding of incarceration and perceptions of offenders may be shaped by a variety of sources of information, including the media, school, and discussions with others. In the current sample, viewing jail-related media was the most common source of information, with youth watching shows such as Cops. Although the media has the opportunity to provide realistic depictions of incarceration and offenders, it more often portrays these subjects in a sensational light that likely leads to distorted perceptions, particularly among youth who may not be critical consumers. In contrast, youth described learning largely factual information about incarceration and offenders in school and receiving warnings (e.g., parents warning their child, “you really don’t want to go there”) when discussing these subjects with adults in their lives. Although about half of the youth reported learning about incarceration in school and a quarter had discussed it with someone, a large number only received information from the media. This finding in particular highlights a gap in the communication of knowledge about incarceration.

Posted in children and adolescents, Gangs, Jim McDonnell, LAPD, LASD, Mental Illness, prison, War on Drugs | No Comments »

Part 4: “Drugging Our Kids,” Compensating Wrongfully Convicted, Rehabilitating CA’s Female Lifers, and WLA on Deadline LA

December 22nd, 2014 by Taylor Walker

YOLANDA’S STORY: RESCUED BY A GROUP HOME DOCTOR WHO FOUND A DIFFERENT WAY TO TREAT TRAUMA

In August, September, and November, we linked to parts one, two, and three of Karen de Sá’s powerful investigative series for the San Jose Mercury uncovering the alarming overuse of psychotropic medications to treat California’s foster kids.

Part four introduces readers to Yolanda Vasquez, a former foster kid with a winning smile who was once so severely drugged by doctors, she almost lost the ability to talk, and functioned at the education level of a five-year-old at age thirteen.

Yolanda was eventually rescued by a therapist who wondered who Yolanda really was “under all the medicine,” and psychiatrist who broke from the pack and helped Yolanda and other foster kids wean off of their psychotropic medication cocktails. Dr. Edmund Levin, resident psychiatrist at the Lincoln Child Center group home, began a trial of guiding the kids under his care through tapering off of their medications, of which they were often taking six or seven kinds at once.

When Yolanda emerged from the fog, nearly all of her learning and speech impairments began to fade with the drugs. And a majority of the other kids in Levin’s small experiment, which cut medication use at Lincoln by 80%, had similarly positive results.

Here are some clips from the latest in de Sá’s series:

Before Lincoln, Yolanda remembers taking 10 pills, morning, midday and at night. Levin’s records showed over time she was on a mix of psychiatric drugs that would fill a medicine cabinet: three antipsychotics to help calm her. A mood stabilizer to even her out. A stimulant to help her concentrate. An anti-seizure medication and another drug to help treat the other drugs’ side effects. And finally a drug to help her sleep. She remembers their sizes, shapes, colors and bitter taste.

And each pill had its own set of side effects. Yolanda gained weight and became so lethargic that she couldn’t play basketball — the one thing that excited her through all her moves. She often fell asleep in class, even on field trips.

And when Yolanda was awake, she often was afraid. Like so many traumatized children, Yolanda not only felt invisible but constantly on edge, an emotional state clinicians describe as “fight or flight” mode.

[SNIP]

The tapering trials proceeded gradually, one medication at a time. All child care workers would have to agree to reduce medications in the case of every child. And drugs would be quickly added back if any serious problems arose.

Week by week, Levin eliminated one of Yolanda’s medications, then watched her progress and carefully decided whether to reduce another. Within a couple of months, she was down to one drug — guanfacine, a hypertension medication used to treat attention-deficit disorder. Weeks later, she was done.

[SNIP]

But as Levin reduced Yolanda’s medications, the breakthroughs slowly came — along with the trust. She started sharing some painful memories with Forster, dark moments about being abused, deep sadness about longing for family.

As the “sleepy, fuzzy weirdness” wore off, the more she opened up.

She laughed more, stayed awake in class and took on a new role caring for the younger kids at Lincoln. She finally learned to tell time by reading the clock on the wall in Forster’s office.


FIRST-OF-ITS-KIND REHAB PROGRAM FOR CALIFORNIA FEMALE LIFERS

A new program at Central California Women’s Facility in Chowchilla for women serving life in prison is giving graduates a better chance at winning parole. The comprehensive program helps women realize the impact of their actions, overcome addiction, build relationships, and more. The program is the first of its kind: no other program has received the recognition of the Board of Parole Hearings, and it’s the first real state-funded effort at rehabilitating female lifers.

Sascha Khokha has more on the program for KQED’s California Report. Take a listen to the full audio, but here’s a clip from the accompanying story:

“Denial is real. It’s very difficult to look at yourself, especially if you’ve done horrible things,” says inmate Candace MacDonald, who is serving a life sentence for breaking into a 73-year-old man’s home in Eureka and beating and smothering him to death in 1980.

She says she was high on methamphetamine when she committed the crime.

“Because of my addiction, I did things that I would never do. Then I hated the things I was doing, so I would do more drugs because I hated the things I was doing,” she adds. “It’s just a horrible cycle.”

MacDonald is now 64 years old, and one of a number of senior citizen inmates who’ve spent most of their adult lives in prison. Some now use walkers or wheelchairs. She says in all her years here, this is the first program that’s truly pushed her to work deeply on herself. It held a mirror to her, made her dig into painful truths.

“To be able to peel that away, and look deep down inside, and gain an understanding of what you have done, and how it affected all of the people around you,” she says. “The ripple effect is incredible.”

MacDonald has unsuccessfully presented her case before the parole board a number of times over the years, repeating the same testimony she gave at her trial. But after doing this program, she says, she was able to speak from her heart and truly admit her regret. Last week, the board recommended that she be released on parole.


AFTER A WRONGFUL CONVICTION, A STRUGGLE TO WIN COMPENSATION FROM THE STATE

Rafael Madrigal was convicted in 2000 of attempted murder and sentenced to 53-years-to-life in prison. The victim, who had been shot in the head during a drive-by, identified Madrigal in a photo lineup. Madrigal, a 25-year-old father of four with a good job, said he had never been in a gang, and had a time card indicating he had been at work during the shooting.

But neither cops nor jury bought his story, and he spent the next nine years in prison before an attorney convinced a judge Madrigal received inadequate legal defense. And now, five years later, despite strong evidence pointing to his innocence, Madrigal has received nothing in his fight for compensation, and has struggled to pick up where he left off before his wrongful conviction.

In California, exonerees receive far less than the guaranteed federal payment of $50,000 for every year behind bars. The yearly payment is capped at $36,500 (a far cry from Texas’ $80,000), and the process is complex. As of 2013, only 11 of 132 exonerees from the year 2000 on, have actually received the money. (Note: late last year, Gov. Jerry Brown signed a bill that would make the process a bit easier.)

The LA Times’ Molly Hennessy-Fiske has Madrigal’s story, as well as a rundown of what it takes to receive compensation in California. Here’s a clip:

Madrigal walked out of Chino State Prison on Oct. 6, 2009, with the clothes on his back and $187. He was free to return to the life he’d left behind nine years earlier.

Except it didn’t exist.

Under a state law intended to compensate those wrongfully imprisoned for crimes they didn’t commit, Madrigal appeared to qualify for $281,700 from the state of California.

In the five years since his release, he has argued his case before a state hearing officer and a state compensation board. But though a federal judge found “compelling evidence” that he was “actually innocent,” Madrigal has been paid nothing.

The Los Angeles Times has documented dozens of cases nationwide in which people convicted and later cleared by DNA or new evidence never received state compensation. Some — especially the low-income minorities who make up a large share of the wrongfully imprisoned — never file a claim because they can’t afford a lawyer or find one willing to take the case.

“They just opened the door and said, ‘Hey, walk away!’” said Madrigal, 39. “I didn’t have much when I went in. But I had what I had, and that little bit that I did have was all taken from me.”

[SNIP]

“If someone gets paroled, they get … food vouchers, clothing vouchers, benefits, even places to live. But for someone who gets exonerated, they just throw you on the street and don’t even give you an apology,” said Dwayne Provience, 41, who spent nearly a decade in prison before his murder conviction in Detroit was overturned in 2010. The city rejected his bid for compensation and then declared bankruptcy; Provience now works two jobs to support his four children.

[SNIP]

A 2012 survey by a researcher at the State University of New York at Albany found that California pays less than many other states and provides fewer services.

Since 1981, the earliest year with records available, the three-member board that decides compensation claims in California has denied 59 and granted 22, awarding payments of about $6.2 million.

A decade ago, President George W. Bush signed the Innocence Protection Act, which guarantees those exonerated of federal crimes $50,000 for every year they spent in prison, $100,000 for each year on death row.


WLA’S CELESTE FREMON TO BE ON KPFK’S DEADLINE LA

WLA’s editor, Celeste Fremon, will be discussing oversight of Los Angeles Sheriff’s Department on KPFK’s Deadline LA with hosts Barbara Osborn and Howard Blume, today (Monday), at 3:00p.m.

If you don’t catch it live (on 90.7 FM), you can find the episode in the archives, here.

Posted in Foster Care, Innocence, prison, Rehabilitation, Trauma | No Comments »

Child Welfare Czar Further Delayed, LASD Oversight, Long-Term Price of Locking Kids Up…and More

December 11th, 2014 by Taylor Walker

SUPERVISORS RESTART THE SEARCH FOR A CHILD WELFARE CZAR

In a closed session last week, the LA County Board of Supervisors broke off their contract with the firm chosen to identify candidates for the new child welfare czar. (If you are unfamiliar: this czar will be appointed to oversee much-needed reforms to the Department of Children and Family Services.)

The board, unsatisfied with the people recommended by the headhunting firm, will now restart the search for viable contenders for the position. Other reasons for the change of course included uncertainty about how much power the czar will have, and the arrival of two new Supervisors, Sheila Kuehl and Hilda Solis.

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

One key question is how much authority to give the new position. Antonovich cited this as another reason the board decided to change headhunters.

“The position was being sold as having more authority than it was really going to have,” he said. Oppenheim said county officials decided on the job description, not him.

Solis suggested any new job description should provide the child welfare director more authority, not less. McCroskey said the current description was unclear because of conflicting views on the board.

“It wasn’t clear what it is that the primary responsibility would be,” she said. “Are you there to coordinate different agencies ? Or are you there to direct other agencies?”

Solis said the board’s decision to hire a new headhunter and re-write the job description reflects a new day at the county Hall of Administration – especially as it relates to her and fellow newcomer Kuehl.

“We’re not just going to sit by and keep with the status quo or listen to the naysayers who say ‘oh, you don’t know enough about this,’ ” Solis told KPCC. “We are taking a new refreshing look at it, a new bite at the apple.”


FORMING THE LASD CIVILIAN OVERSIGHT COMMISSION

On Tuesday, the LA County Board of Supervisors voted in favor of creating a citizen’s oversight commission for the Los Angeles Sheriff’s Department. But what will that commission look like?

An LA Times editorial says the commission should not be comprised of five members chosen by the five Supes. That configuration would not have enough independence from the board. The editorial (as well as Sheriff Jim McDonnell), calls for a larger commission, one with non-board-appointed members who can only be ousted with good cause. Here’s a clip:

Will this new body remain a creature of the Board of Supervisors, or will it be granted some independence? Will it oversee the work of the department’s inspector general, or instead will it work in cooperation — or competition — with that office? Will it have power to subpoena documents? What sway will it hold over the actions of the sheriff, who will continue to report directly to voters and will, at least on paper, be accountable only to them? Can oversight be accomplished by a body that is merely advisory?

The answers to these and other questions are fundamental to the proper operation of the commission, which could become a useful tool for good sheriff-community relations and for transparency and accountability. Or, if the panel is put together with too little care, it could become another sedimentary layer of bureaucracy that consumes resources but offers little in return.

[SNIP]

The new oversight commission should be seen differently, not as a instrument of the board but rather as something more independent, with a focus more on disclosure and accountability than on limiting financial liability.

A five-member panel would almost certainly consist of one appointee from each of the supervisors, serving as extensions of their offices, removable by them.

That’s one reason that Sheriff Jim McDonnell, the Coalition to End Sheriff Violence in Los Angeles Jails and The Times editorial board support a larger panel with members other than board appointees, each with staggered terms and removable only for cause.

The editorial also suggests county officials look to other municipalities with civilian oversight to see what’s working.


INCARCERATING KIDS COSTS BILLIONS DOWN THE LINE

A new report from the Justice Policy Institute examines the long-term costs, including the collateral consequences, of locking kids up.

Examining data from 46 states, the study found states spent an average of $148,767 a year locking up just one kid in the most expensive kind of confinement. California was among the 10 states spending the most on incarceration ($570.79 a day, $208,338 a year). Beyond that, the report estimates the US loses between $8-$21 billion in long-term secondary costs of needlessly incarcerating kids, including lost education time, lost future earnings, and lost future taxes.

Among other recommendations, the report suggests community-based treatment and supervision, investing dollars in diversion programs, better tracking of recidivism and outcomes.

Here are some clips from the accompanying story:

“Every year, the majority of states spend $100,000 or more to lock up youth who are mostly imprisoned for troubled behavior or nonviolent offenses,” said Marc Schindler, executive director of Justice Policy Institute. “And compared to the huge long-term costs to young people, their families, victims, and taxpayers, that’s really just the tip of the iceberg. This is a poor investment and we must do better.”

The billions of dollars in hidden costs result from formerly incarcerated young people earning lower wages, paying less in taxes, as well as having a greater dependence upon government assistance and higher rates of recidivism. Research shows that the experience of incarceration increases the likelihood that young people will commit a new offense in the future…

Beyond these costs, the report also notes that the system does not affect all young people equally. African American youth are incarcerated at a rate nearly five times that of white youth, and Hispanic/Latino youth at a rate twice as high as whites. Even though young people engage in similar behavior, there are differences in the way young people of color and white youth are treated.

“The significant and multi-faceted costs of incarceration paint a troubling picture for young people, their families and communities, as well as taxpayers,” said Marc Levin, director of the Center for Effective Justice at the Texas Public Policy Foundation. “Fortunately, proven alternatives to incarceration for holding youths accountable are not only cheaper, but most importantly are almost always the best answer for protecting the public and putting kids on the right track to being productive, law-abiding citizens.”


CONSIDERING THE INQUEST: A POSSIBILITY ALTERNATIVE FOR HANDLING POLICE KILLINGS

The non-indictments of both Darren Wilson and Daniel Pantaleo—the officers who killed Michael Brown and Eric Garner—have prompted conversations about ways to eliminate bias in police killing cases generally handled by local District Attorneys. Appointing special prosecutors or handing cases to the state DA’s office have emerged as potential work-arounds.

Slate’s Josh Voorhees has the story on another idea that is entering the discussion: an inquest. Here’s a clip:

How do we resolve this disjoint between a binary system that sees things only in black and white and the public’s need for an honest investigation of the shades of gray in between? One little-discussed option comes from Paul MacMahon, a law professor at the London School of Economics. He argues in a forthcoming Yale Law & Policy Review article that the solution may be an inquest, a quasi-judicial proceeding with medieval roots that has largely fallen by the wayside in the United States. Inquests—which are still common in England and Ireland—are called in the aftermath of an unexpected or unusual death. Typically, a jury, with the help of a judge or coroner, seeks to establish the facts of the case but, importantly, has no legal authority to indict or convict. Think of this as akin to a civilian review board, but with more power, a clearer task, and an actual platform to make sure its conclusions are heard.

How would such an inquest work? MacMahon proposes launching one automatically anytime a police officer kills someone in the line of duty. Having either a judge or coroner lead the jury would remove the apparent conflict of interest of a district attorney investigating an officer who he relies on to do his job. The inquest would have the power to compel witnesses to testify under oath, but unlike a grand jury, the proceedings would play out in public. The bigger wrinkle, though, is that the jury would have no power to decide the question of criminal or civil liability. The findings wouldn’t necessarily even be admissible as evidence in a court of law. Prosecutors would still be the ones to decide whether to take the case to the grand jury; the grand jury would still decide whether to indict the officer. But an inquest would bring a heavy dose of public accountability. In England, for instance, when an inquest concludes a homicide was an “unlawful killing,” the state doesn’t have to prosecute the case. If it chooses not to, however, it has to formally explain that decision.

The inability of an inquest to bring charges itself may sound like a weakness, but it’s what makes the process so valuable. Because the panel wouldn’t be preoccupied with the guilty/not guilty or indictment/no indictment binary, it would have more leeway to pursue the facts wherever they lead. “The inquest, more than any other institution, is charged with pursuing the truth—sometimes including the moral truth,” MacMahon writes. Inquests don’t just ask whether someone’s actions were justified in a legal sense, he says; they ask “whether or not a person’s conduct was justified in distinct and important ways from the question of whether or not the person should be held criminally responsible or liable to pay damages.”

In the case of Wilson or Pantaleo, then, an inquest could try to answer not just whether the officer was legally justified in his use of force, but whether the officer was right in a larger sense to do so. There’s no guarantee the inquest’s jurors would be able to settle that question once and for all, of course, but simply publicly attempting to would be a big step forward for a government that is struggling to convince communities of color that their lives matter in our criminal justice system…

Posted in District Attorney, Foster Care, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, prison | 22 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 »

Gov. Brown’s Realignment, LAPD Investigating Use-of-force Incident, Exoneree Wins $41.6 Million, and a Bryan Stevenson Essay

October 27th, 2014 by Taylor Walker

LOOKING AT REALIGNMENT AS WE HEAD INTO NOVEMBER ELECTIONS

As Gov. Jerry Brown seeks reelection on Nov. 4, California Report’s Scott Shafer takes a look at the state of criminal justice in California under Brown, particularly with regard to Realignment (AB 109). Many critics argue prison realignment was implemented too quickly, without adequate advanced planning, and thus left counties to struggle with little preparation under the burden of supervising and housing would-be state prisoners.

California counties received a combined $2 billion to adapt to realignment, yet the various counties are not using the money uniformly. Some are funneling the money into rehabilitation, reentry, and diversion programs as reformers had hoped they would, while others have beefed up their sheriff and probation staff. And still other counties have used the money to build new jails able to handle the influx of inmates serving longer sentences than preexisting county facilities were designed to house.

Three years after its launch, in short, the jury is still out. Even supporters agree we won’t really know if realignment had the effects proponents had hoped for until years from now.

Here’s how Shafer’s story opens:

It’s not the focus of this year’s campaign for governor, but under Jerry Brown the state’s approach to criminal justice has gone in a dramatically new direction.

Underlying it all: too many inmates and too few cells.

In 2006, Gov. Arnold Schwarzenegger warned the state Legislature that the prisons were powder kegs.

“Our prisons are in crisis,” the governor said. “We have inherited a problem that has been put off year after year after year.”

Schwarzenegger did take steps to reduce the inmate population, but not nearly enough to satisfy the federal courts. Finally, in 2011, with the state’s back to the wall, the Legislature passed the most fundamental reform of California’s criminal justice system in more than a generation.

AB109, known as “realignment,” transferred responsibility for tens of thousands of low-level criminals from state prisons to county jails and probation officers.

These perpetrators of non-serious, non-sexual, nonviolent crimes would now become the responsibility of local law enforcement officials, rather than the state.

“Probation [departments] were not ready,” says U.C. Berkeley criminologist Barry Krisberg, who for years has advised the Legislature on criminal justice matters.

Krisberg says California adopted realignment so fast that counties struggled to keep their heads above water.

“I mean, if you had done this logically, you would’ve announced to everyone, ‘We’re gonna do it.’ You probably would have spent a year or so planning it out, training and making it happen,” Krisberg says.

“But that’s not how realignment happened. It just happened.”

Five months after Brown signed AB109 (and a companion bill, AB117), realignment took effect.


LAPD OFFICER ALLEGEDLY KICKED RESTRAINED SUSPECT IN THE HEAD

An LAPD officer has been accused of kicking 22-year-old Clinton Alford in the head while he was being restrained on the ground by other officers. Police officials were able to view footage of the incident taken by a nearby store’s security camera. The officials said Alford was not resisting arrest, and one viewer described it as “a football player kicking a field goal.” The police officer (as well as three other officers and a sergeant) has been relieved of duty with pay pending the investigation. The officer’s lawyer said the kick landed on Alford’s shoulder and was an acceptable use of force.

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

Alford said he was riding his bicycle on the sidewalk along Avalon Boulevard near 55th Street when a car pulled up behind him. A man shouted a command to stop, but Alford said he continued pedaling because the man did not identify himself as a police officer. When someone grabbed the back of the bike, Alford said he jumped off and ran.

After a short foot pursuit, two officers caught up to Alford. Footage from the security camera on a nearby building captured Alford voluntarily laying down on the street and putting his hands behind his back, according to several people who viewed the recording. The officers restrained Alford, who made no movements and did not resist, the sources said.

Seconds later, a patrol car pulled up and a uniformed officer, who the sources described as “heavyset” or “very large,” rushed from the driver’s side, according to sources. The officer moved quickly over to Alford, who was still held on the ground by the other officers, and immediately stomped or kicked, the sources said.

The officer then dropped to the ground and delivered a series of strikes with his elbows to the back of Alford’s head and upper body, sources said. Alford’s head can be seen on the video hitting the pavement from the force of the strikes, two sources recounted. Afterward, the officer leaned his knee into the small of Alford’s back and, for a prolonged period, rocked or bounced with his body weight on Alford’s back, the sources said. At one point, the officer put his other knee on Alford’s neck, a source said.

Throughout much of the altercation, two officers restrained Alford but eventually they moved away.

Two officials who viewed the video said it was clear to them Alford was handcuffed as soon as he got on the ground. Others said it is difficult to tell from the video when Alford was placed in handcuffs.

Alford said he had already been handcuffed when he was first kicked.

When it was over, Alford’s body was limp and motionless, according to sources who viewed the video. It took several officers to carry him to a patrol car, they said.

“He looked like a rag doll,” one person said of Alford.

Gary Fullerton, an attorney representing the officers, declined to discuss details of the incident but disputed that Alford had his hands behind his back when the officers used force.


INNOCENT MAN RECEIVES $41.6 MILLION FOR 15 YEARS IN PRISON, UNPRECEDENTED PAYOUT

A New York man, Jeff Deskovic, won $41.6 million in a lawsuit against Putnam County and the sheriff’s investigator who coerced his false confession. Deskovic was exonerated in 2006 of raping and killing a 15-year-old schoolmate, for which he spent 15 years in prison.

While Deskovic’s sum is reportedly the largest in US history, in a whopping 21 states, people who are exonerated after spending years in prison do not receive any compensation at all. In states that do pay, it takes years for the money to work its way through the court system, and in many cases the payouts are capped to prevent large payouts like Deskovic’s. Most Exonerees are not even given the reentry assistance provided to other released inmates.

The NY Daily News’ Stephen Rex Brown has the story on Deskovic. Here’s a clip:

Deskovic was given three lie detector tests over the course of a six-hour interrogation in which he eventually confessed.

He said on the stand this week in federal court in White Plains that he was scared for his life during the ordeal.

He was convicted in 1991 after prosecutors successfully argued that Deskovic did the deed — despite DNA taken from semen on the body that didn’t match the teen’s.


EXCERPT FROM BRYAN STEVENSON’S NEW BOOK

We introduced you to Bryan Stevenson last week, and didn’t want you to miss this essay by Stevenson in the NY Times Magazine that was adapted from his new book, Just Mercy: A Story of Justice and Redemption.

Here’s a clip (it’s a short one, so be sure to go read the rest):

“The lawyers at S.P.D.C. sent me down to tell you that they don’t have a lawyer yet,” I said. “But you’re not at risk of execution anytime in the next year. We’re working on finding you a lawyer, a real lawyer.”

He interrupted my chatter by grabbing my hands. “I’m not going to have an execution date anytime in the next year?”

“No, sir. They said it would be at least a year.” Those words didn’t sound very comforting to me. But he just squeezed my hands tighter.

“Thank you, man,” he said. “I mean, really, thank you! I’ve been talking to my wife on the phone, but I haven’t wanted her to come and visit me or bring the kids because I was afraid they’d show up and I’d have an execution date. Now I’m going to tell them they can come and visit. Thank you!”

I was astonished. We began to talk. It turned out that he and I were exactly the same age. He told me about his family and his trial. He asked me about law school and my family. We talked about music and about prison. We kept talking and talking, and it was only when I heard a loud bang on the door that I realized I had stayed long past my allotted time. I looked at my watch. I had been there three hours.

The guard came in and began handcuffing him; I could see the prisoner grimacing. “I think those cuffs are on too tight,” I said.

“It’s O.K., Bryan,” he said. “Don’t worry about this. Just come back and see me again, O.K.?”

I struggled to say something appropriate, something reassuring. He looked at me and smiled. Then he did something completely unexpected. He closed his eyes and tilted his head back. I was confused, but then he opened his mouth, and I understood. He had a tremendous baritone that was strong and clear.

Lord, lift me up and let me stand,

By faith, on heaven’s tableland;

A higher plane than I have found,

Lord, plant my feet on higher ground.

Posted in Innocence, LAPD, Paul Tanaka, prison, Realignment, Reentry | 1 Comment »

Justice Bills, InsideOUT Writers, Prison Gangs, and More on the Probation Dept. Workers Comp. Fraud

September 19th, 2014 by Taylor Walker

BILLS FOR HOMELESS KIDS, REENTRY SERVICES, AND SAFEGUARDING JUSTICE PROGRAMS ON THEIR WAY TO CONGRESS

Right before the US Senate Judiciary Committee headed into recess, it approved three noteworthy social-justice-related bills.

The Runaway and Homeless Youth and Trafficking Prevention Act, S.2646, would fund housing and “trauma-informed and gender-responsive” services for teens who are homeless or have runaway from home. The bill also aims to increase the time kids are allowed to stay at basic shelters from 21 days to 30 days, as well as require that shelters offer counseling. The bill would also create a fund for young victims of trafficking out of money recovered from sex trafficking sting operations.

The second bill, S.1690, would renew funding to the Second Chance Act at $100 million to pay for developing state and local reentry services for kids and adults.

And the final piece of legislation would change a portion of the Prison Rape Elimination Act. So far, only two states have passed compliance with PREA. (California is not one of them.) States that do not become compliant face a 5% deduction from the federal funding of their prisons. Cornyn’s bill would exempt three programs from the funding fine: the Juvenile Justice and Delinquency Prevention Act, the Violence Against Women Act, and the Edward Byrne Justice Assistance Grants.

The bills will head to Congress once the fall recess has ended, after the November elections.

The Chronicle of Social Change’s John Kelly has more on the bills. Here’s a clip:

The bill, S.2646, extends the maximum stay at basic shelters from 21 days to 30 days. It also requires transitional living program grantees to provide counseling services and aftercare services to participants.

The legislation would also establish a compensation fund for victims of human trafficking. Sen. John Cornyn (R-Texas), speaking at the committee markup of the bill today, said the fund would be paid for with assets recovered in trafficking stings and by increasing financial penalties on federal sex offenders, who Cornyn described as “among the most affluent in the federal system.”

A second piece of legislation passed by the committee today, S.1690, would reauthorize the Second Chance Act at $100 million. Second Chance funds state and local efforts to improve and expand reentry programs for adult and juvenile offenders.

Cornyn successfully attached an amendment to the reauthorization that actually relates to the penalties involved in another federal law, the Prison Rape Elimination Act (PREA)…


INSIDEOUT WRITERS PROGRAM TEACHES LOCKED-UP KIDS HOW TO EXPRESS THEMSELVES

InsideOUT Writers, an anti-recidivism program taught at three LA juvenile detention facilities, has been helping incarcerated kids learn positive self-expression through writing for nearly two decades. (And we’ve written about it here, and here.)

The Juvenile Justice Information Exchange’s Henry Foster Rubenstein had the opportunity to attend several InsideOUT Writers classes where he was able to experience first hand the impact the teachers and writing have on the kids, and the power the kids themselves have to rise above their incarceration. Here’s a clip:

At 9 a.m. the next day, another IOW teacher, Scott Budnick, brings me into his all-boy class, most in for violent crimes. He has taught IOW classes every Saturday morning since 2003. With him that day are two other teachers, Johnny Kovatch and Susy Sobel. The three create a perfect balance of caring nurture and hard-knock love.

Kovatch bounces around the table, pouring out energy and enthusiasm, while Budnick and Sobel bring it all together.

The teachers emphasize the students must express the talent and effort the teachers knew they’re capable of. The atmosphere begins to get aggressive. Unlike the girls’ class the day before, the boys don’t like opening up about their feelings.

But the teachers are ready to make them dig.

“Sometimes I feel that I’ve been a failure so long I can’t succeed, but I know I have to let that pressure out, and not hold it in,” one student says. Each student uses the writing circle to look inside themselves at the decisions and emotions that set them off-course.

Budnick asks the students to share something they got out of the day. Most say the classes give them a chance to vent. One boy says, “Writing makes me not want to care about the bad things anymore,” while another insists, “Writing makes me believe in myself, knowing I can do it!”


THE COMPLICATED AUTHORITY OF PRISON GANGS ON THE INSIDE, AND HOW THEY REGULATE CRIME ON THE OUTSIDE

The Atlantic’s Graeme Wood has an excellent longread about the complex system of inmate gangs that, in addition to their obvious downsides, also provide the function, particularly in the California state prison system, of imposing a kind of order inside the state’s lock ups. Wood’s story looks as well at how the gangs originated, and how they enforce a system of rules for the drug trade on the streets from inside prison walls.

Here’s a clip, but do yourself a favor and read the story in it’s entirety:

…starting in the 1950s, things changed: The total inmate population rose steeply, and prisons grew bigger, more ethnically and racially mixed, and more unpredictable in their types of inmate. Prisons faced a flood of first offenders, who tended to be young and male—and therefore less receptive to the advice of grizzled jailbirds. The norms that made prison life tolerable disappeared, and the authorities lost control. Prisoners banded together for self-protection—and later, for profit. The result was the first California prison gang.

That moment of gang genesis, Skarbek says, forced an arms race, in which different groups took turns demonstrating a willingness to inflict pain on others. The arms race has barely stopped, although the gangs have waxed and waned in relative power. (The Black Guerrilla Family has been weakened, prison authorities told me, because of leadership squabbles.) The Mexican Mafia was the sole Hispanic gang until 1965, when a group of inmates from Northern California formed Nuestra Familia to counter the influence of Hispanics from the south. Gang elders—called maestros—instruct the youngsters in gang history and keep the enmity alive.

What’s astonishing to outsiders, Skarbek says, is that many aspects of gang politics that appear to be sources of unresolvable hatred immediately dissipate if they threaten the stability of prison society. For example, consider the Aryan Brotherhood—a notoriously brutal organization whose members are often kept alone in cells because they tend to murder their cell mates. You can take the Brotherhood at its word when it declares itself a racist organization, and you can do the same with the Black Guerrilla Family, which preaches race war and calls for the violent overthrow of the government. But Skarbek says that at lights-out in some prisons, the leader of each gang will call out good night to his entire cellblock. The sole purpose of this exercise is for each gang leader to guarantee that his men will respect the night’s silence. If a white guy starts yelling and keeps everyone awake, the Aryan Brothers will discipline him to avoid having blacks or Hispanics attack one of their members. White power is one thing, but the need to keep order and get shut-eye is paramount.

Another common misconception about prison gangs is that they are simply street gangs that have been locked up. The story of their origins, however, is closer to the opposite: the Mexican Mafia, for example, was born at Deuel Vocational Institution, in Tracy, California, in 1956, and only later did that group, and others, become a presence on the streets. Today, the relation of the street to the cellblock is symbiotic. “The young guys on the street look to the gang members inside as role models,” says Charles Dangerfield, a former prison guard who now heads California’s Gang Task Force, in Sacramento. “Getting sentenced to prison is like being called up to the majors.”

But Skarbek says the prison gangs serve another function for street criminals. In a 2011 paper in American Political Science Review, he proposed that prison is a necessary enforcement mechanism for drug crime on the outside. If everyone in the criminal underworld will go to prison eventually, or has a close relationship with someone who will, and if everybody knows that gangs control the fate of all inmates, then criminals on the street will be afraid to cross gang members there, because at some point they, or someone they know, will have to pay on the inside. Under this model, prison gangs are the courts and sheriffs for people whose business is too shady to be able to count on justice from the usual sources. Using data from federal indictments of members of the Mexican Mafia, and other legal documents, Skarbek found that the control of prisons by gangs leads to smoother transactions in the outside criminal world.

Gangs effect this justice on the inside in part by circulating a “bad-news list,” or BNL. If your name is on a BNL, gang members are to attack you on sight—perhaps because you stole from an affiliate on the outside, or because you failed to repay a drug debt, or because you’re suspected of ratting someone out. Skarbek says one sign that the BNL is a rationally deployed tool, rather than just a haphazard vengeance mechanism, is that gangs are fastidious about removing names from the list when debts are paid.


LA PROBATION PINPOINTING DOCTORS WHO HELP PROBATION STAFF WIN WORKER’S COMP. FOR DUBIOUS INJURIES

Yesterday, we linked to Rina Palta and Karen Foshay’s story for KPCC about a surprising number of far-fetched worker’s compensation claims filed by Probation Dept. staff members.

Probation Chief Jerry Powers says investigators are not only working to crack down on on worker’s compensation fraud by going directly to the staff in question, but also investigating the doctors who are allegedly enabling the fraud.

Palta and Foshay have the update. Here’s a clip:

…Probation chief Powers says there is a problem with doctors who are all too willing to approve workers’ compensation claims.

“There’s an informal grapevine out there” of doctors “who are more than willing to sign [probation workers] off duty so they can gain benefits,” says Powers.

He says he doesn’t know how large that grapevine is. There are hundreds of doctors who handle probation staffers’ workers’ compensation claims.

Probation says it has reached out to a number of doctors who have a high approval rate of department employees’ workers’ compensation or disability claims, although it won’t say how many, or which ones. Officials say sometimes they show doctors surveillance footage of workers engaged in physical activity while out on disability or workers’ compensation. But the doctors frequently have an explanation for the physical activity, says Cynthia Maluto, head of probation’s return to work unit.

“Things don’t change after the meetings,” she says.

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