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Prosecutorial Misconduct, Sasha and Richard, False Confessions, and Penalizing States that Fail to Protect Foster Kids

February 2nd, 2015 by Taylor Walker

LETTING PROSECUTORIAL MISCONDUCT SLIDE

Federal judge Alex Kozinski railed against unchecked prosecutorial misconduct in California’s court system while hearing oral arguments for a habeas petition last month.

Lower courts had upheld a murder-for-hire conviction despite having established that both a jail informant and prosecutor had provided false testimony—both saying that the informant had not been given a deal (he had). The prosecutor was not sanctioned, nor did the state bar revoke his license.

Kozinski, along with judges Kim Wardlaw and William Fletcher, accused California judges of continuously overlooking prosecutorial misdeeds and choosing not to overturn flawed verdicts. (This is not the first time Kozinski has zeroed in on this issue.) Kozinski said the panel would rule on the issue themselves, threatening to name names, if the California Attorney General’s Office—which had tried to keep transcripts away from the Ninth Circuit Court—did not stop fighting to uphold the conviction.

Kozinski directed Supervising Deputy Attorney General Kevin Vienna to notify California Attorney General Kamala Harris of the controversial particulars of the case, saying, “Get ahold of the Attorney General, get ahold of your supervisor, and see whether they really want to stick by a conviction that was obtained by lying prosecutors and that was maintained in the Court of Appeal after the Attorney General’s office fought tooth and nail to keep out a transcript that would have shown the perfidy of the prosecutors…” The AG’s office chose to discontinue its defense of the conviction.

The LA Times’ Maura Dolan has the story. Here’s a clip:

The January hearing in Pasadena, posted online under new 9th Circuit policies, provided a rare and critical examination of a murder case in which prosecutors presented false evidence but were never investigated or disciplined.

The low-profile case probably would have gone unnoticed if not for the video, which attorneys emailed to other attorneys and debated on blogs.

In a series of searing questions, the three judges expressed frustration and anger that California state judges were not cracking down on prosecutorial misconduct. By law, federal judges are supposed to defer to the decisions of state court judges.

Prosecutors “got caught this time but they are going to keep doing it because they have state judges who are willing to look the other way,” Kozinski said.

Santa Clara University law professor Gerald Uelmen said the judges’ questions and tone showed they had lost patience with California courts. State judges are supposed to refer errant lawyers, including prosecutors, to the state bar for discipline, but they rarely do, Uelmen said.

“It is a cumulative type thing,” Uelmen said. “The 9th Circuit keeps seeing this misconduct over and over again. This is one way they can really call attention to it.”

A 2010 report by the Northern California Innocence Project cited 707 cases in which state courts found prosecutorial misconduct over 11 years. Only six of the prosecutors were disciplined, and the courts upheld 80% of the convictions in spite of the improprieties, the study found.


TWO TEENS ON OPPOSITE SIDES OF A TRAGIC CRIME

In late 2013, 16-year-old Richard Thomas, egged on by friends, set 18-year-old Sasha Fleischman’s skirt on fire on an Oakland city bus. Sasha, who identifies as agender, was burned so badly in the incident that they had to undergo several surgeries and spent weeks in the hospital.

Richard, who is black, was charged as an adult with aggravated mayhem and assault with intent to cause great bodily injury, with hate-crime sentence enhancements.

Richard was a well-liked kid who grew up in a turbulent East Oakland neighborhood, with his mom, siblings, and cousins. In his 16 years, Richard experienced an extraordinary amount of trauma. In 2008, Richard’s aunt was murdered. In 2013, Richard’s best friend, his “twin,” was gunned down while sitting in a car. When Richard, reeling from the loss, started doing poorly in school and skipping class, he asked for help from the school’s attendance compliance officer.

After the fire, Richard told investigating officers he was homophobic. He told them he never thought the skirt would catch on fire like it did, that he only thought it would singe a little and go out quickly, and meant it as a prank. Richard was forced to take a plea deal of seven years behind bars with removal of the hate-crime enhancements and mayhem charge. His only alternative was to go to trial and risk receiving a maximum of life imprisonment, a sentence severely disproportionate to the crime, and one he would not have faced if he had been tried as a juvenile.

Dashka Slater’s phenomenal New York Times Magazine story illuminates both sides of Sasha and Richard’s double tragedy. Here are a couple of clips, but you really must read it in its entirety:

It was close to 5 o’clock on the afternoon of Nov. 4, 2013, and Sasha Fleischman was riding the 57 bus home from school. An 18-year-old senior at a small private high school, Sasha wore a T-shirt, a black fleece jacket, a gray newsboy cap and a gauzy white skirt. For much of the long bus ride through Oakland, Calif., Sasha — who identifies as agender, neither male nor female — had been reading a paperback copy of “Anna Karenina,” but eventually the teenager drifted into sleep, skirt draped over the edge of the bus seat.

As Sasha slept, three teenage boys laughed and joked nearby. Then one surreptitiously flicked a lighter. The skirt went up in a ball of flame. Sasha leapt up, screaming, “I’m on fire!” Two other passengers threw Sasha to the ground and extinguished the flames, but Sasha’s legs were left charred and peeling. Taken by ambulance to a San Francisco burn unit, Sasha would spend the next three and a half weeks undergoing multiple operations to treat the second- and third-degree burns that ran from thigh to calf.

Richard Thomas, the 16-year-old boy who lit the skirt on fire, was arrested the following day. Citing the severity of the crime, the Alameda County district attorney, Nancy O’Malley, charged Thomas as an adult, stripping him of the protections — including anonymity — customarily afforded to juveniles. Charged with two felonies, each with a hate-crime clause that increased the time he would serve if convicted, Thomas faced the possibility of life imprisonment.

[SNIP]

On Nov. 8, four days after lighting Sasha’s skirt on fire, Richard wrote the teenager a letter.

“Dear Victum,” it began. “I apoligize for my actions, for the pain that I brought to you and your family. I was wrong for what I did. I was wrong. I had no reason to do that to you I don’t know what was going through my head at that time. Im not a monster, I have a big heart I never even thought of hurting anyone like the way I hurt you. I just wanted you to know that im deeply sorry for my actions. I think about what happened every second, I pray that you heal correctly and that you recover and live a happy life. Please forgive me thats all I want. I take responsibility for all my actions, I’ll take all the consiquences,” he wrote. “I’m not just saying this because im incarcerated I honestly mean every word.” He signed it, “Love, Richard Thomas.”

A few days later, he wrote a second letter, this one addressed to “Mr. Fleischman.” It was nearly three pages long, written in neat cursive.

“I had a nightmare last night and I woke up sweating and apoligizing,” he wrote. “I really hope you get back to the way you were. I went to court yesterday and there still making me seem like a monster, but im not. I’m a good kid if you get to know me. I’m sure you would have been a nice person to,” he continued. “I was hoping that I can meet you face to face so I can apoligize to you.”

He went on to detail the charges against him, explaining that he was willing to accept the assault charges but that he rejected the hate-crime enhancements. “I don’t have a problem with homosexual’s,” he explained. “I have friends thats homosexuals and we never had problems so I don’t look at you wrong because of your sexualitie. Honestly I could care less if you like men you weren’t trying to talk to me in that way.”

As for himself, he said: “I am not a thug, gangster, hoodlum, nor monster. Im a young African American male who’s made a terrible mistake.” Perhaps, he suggested, he and Fleischman had things in common. “I’ve also been hurt alot for no reason, not like I hurt you but Ive been hurt physically and metally so I know how it feels, the pain and confusion of why me I’ve felt it before plenty of times.”


ALL CONFESSIONS, EVEN FALSE ONES, HAVE AN IMPACT ON JURY MEMBERS’ PERCEPTIONS AND BELIEFS

According to 2013 data from the National Registry of Exoneration, 38% of exonerations of kids and 11% of exonerations of adults involved false confessions. Whether or not confessions are true, they have considerable power over juries, more than character testimony, and even more than eyewitness testimony.

ProPublica’s Joe Sexton uses the upcoming trial for the 1979 murder of 6-year-old Etan Patz, and a videotaped confession from Pedro Hernandez to explore the issue. Here’s how it opens:

Over the next several months, defense lawyers for Pedro Hernandez will seek to undercut the central evidence against him: his videotaped confession to having killed 6-year-old Etan Patz.

They will depict the confession as inaccurate when set against the known facts of the infamous 1979 missing child case. They will portray Hernandez, a onetime bodega clerk in the Manhattan neighborhood where Patz lived, as mentally ill. They will paint the detectives who gained the confession as manipulative and coercive.

It’s a daunting assignment, but here’s what may well be scaring the lawyers the most: They could succeed in every aspect of their attack on the reliability of the confession and still not win an acquittal.

Such is the power of confessions, true or false, for American juries. A nascent body of scholarship, driven in part by an escalating number of wrongful convictions in cases with false confessions, has begun to document just how persuasive confessions can be.

Of course, the power of confessions owes in part to the fact that they very often are true. Certainly, that is the argument Manhattan prosecutors will make as they seek to hold Hernandez responsible for a case that has haunted the city, and parents nationwide, for decades. Prosecutors say Hernandez’s claims that he strangled the young boy after luring him from his school bus stop are credible, and that any mental health issues he suffers from are not serious. They also argue that the confession is supported by the accounts of others who maintain Hernandez told similar stories of killing a child over the years.

But false confessions – including those questioned at trial by effective defense lawyers – also have proven to carry extraordinary weight with juries. Several studies, using mock jurors and sophisticated analysis, have demonstrated that confessions outweigh the value of eyewitness and character testimony. And in at least one case, according to a 2010 study, prosecutors chose to believe a confession even when the accused seemed categorically cleared by DNA evidence.


HOLDING STATES ACCOUNTABLE FOR NONCOMPLIANCE WITH FEDERAL LAWS THAT PROTECT FOSTER KIDS

In a new report, two California advocacy groups: the Children’s Advocacy Institute and First Star are calling for the feds to monitor states compliance with federal child welfare laws and to deny funding to states who do not adequately protect their most vulnerable kids.

The Chronicle of Social Change’s John Kelly has a good rundown of the report’s main points. Here are clips from the first two:

Child and Family Services Reviews (CFSR)

The CFSR has been conducted twice in each state by the Department of Health and Human Services (HHS), and gauges the state’s performance on seven outcomes and seven systemic factors. The report takes the view that the CFSR process is a general assessment indicating adherence to federal law, done instead of a full compliance check on individual laws.

“Although the efficacy of the CFSR process is highly questionable in terms of ensuring state conformity with federal child welfare laws and standards, it at least provided some modicum of external oversight and monitoring of at least a few aspects of federal child welfare law,” the report says.

Not once in those two rounds has one state been found in “substantial conformity” with the review. States enter into a Program Improvement Plan (PIP) upon failure on the CFSR, and face withholding of federal IV-E funds if they fail to meet the goals in the plan.

Yet report authors could only identify two instances in which states were assessed penalties, according to the report….

Adoption and Foster Care Analysis and Reporting System

The Department of Health and Human Services is not actively penalizing states that declare themselves out of compliance with the data collection standards put in place with the creation of AFCARS.

“By refusing to impose financial penalties on states that fail to comply with federal data reporting requirements, ACF has ignored one of the most incentivizing tools it has to ensure states’ submission of reliable, consistent, and complete data — information that could have meaningfully contributed to the improvement of the adoption and foster care processes,” the report says.

Posted in Fire, Foster Care, Innocence, juvenile justice, Kamala Harris, Prosecutors | No Comments »

Independent Investigations into Police-Killings, Restorative Justice in LA, Broken City Poets, and Streetcraft LA

January 12th, 2015 by Taylor Walker

STATES WEIGH ESTABLISHING OUTSIDE INVESTIGATION OF POLICE-INVOLVED DEATHS

Several states, including California, are considering legislative measures that would require outside investigation of killings by police officers, which are ordinarily investigated by the local District Attorney’s office. In the wake of non-indictments for the deaths of Michael Brown and Eric Garner, there is rising concern that the connections between county district attorneys and law enforcement agencies may create a conflict of interest.

If passed, the California bill, authored by Assemblymember Kevin McCarty (D-Sacramento), would transfer the investigation to a state Department of Justice panel that would then issue a recommendation to the local DA’s office as well as the California Attorney General. (Read more about the bill, which is still in its early stages, on Assemblymember McCarty’s website.)

New Jersey, Missouri, Colorado, and New York are all also looking into taking these particular investigation responsibilities out of the hands of district attorneys, following in the footsteps of Wisconsin where an independent panel must review officer-involved deaths.

But reactions to such legislation are mixed.

The Wall Street Journal’s Zusha Elinson has more on this interesting and complex issue. Here are some clips:

Maki Haberfeld, professor and chairwoman of the Department of Law, Police Science and Criminal Justice Administration at John Jay College of Criminal Justice in New York, said that such changes don’t get at the real issues involved in American policing and use of force.

“Political decisions are based on how little I can pay to satisfy people: ‘Let me create a new entity and I will call it the special prosecutor or whatever,’ ” she said. “That’s a reactive approach, not proactive: There is a need to invest in recruitment, selection and training and then we will have less need for investigations.”

[SNIP]

William Johnson, executive director of the National Association of Police Organizations, said there is no need to pass laws such as the one in Wisconsin. “I think it would be better to have a common-sense approach and utilize outside agencies on an as-needed basis,” he said.

But Jim Bueermann, a former Redlands, Calif., police chief who heads a research organization called the Police Foundation, believes more states will follow Wisconsin.

“I just don’t see that it would be overly problematic for most police departments,” he said. “Best practices would indicate that you wouldn’t investigate yourself in criminal investigations.”

But Mr. Bueermann said that a balance must be struck, arguing that too much scrutiny of split-second decisions can have consequences on the streets. “When police feel they are being judged inappropriately or too harshly, there is a phenomenon called ‘de-policing’ and they stop being proactive and become entirely reactive,” he said.


RESTORATIVE JUSTICE TRANSFORMING LOS ANGELES SCHOOLS

As the restorative justice school discipline model spreads to school districts across the nation, suspension numbers are rapidly shrinking. Last year, in Los Angeles, suspensions were down 89% from five years ago, thanks, in part, to swapping out harsh zero-tolerance policies, and engaging students, their peers, and teachers in conflict resolution activities. And in 2013, the Los Angeles Unified School District mandated that all schools adopt the restorative justice system by 2020.

The AP’s Christine Armario tells the story of Augustus Hawkins High School in South LA, which was built in 2012, and has experienced a dramatic discipline turnaround in just a few short years. Here’s a clip:

In the last three years, Marcquees Banks has been taken out of class twice and sent to another school for getting into fights.

The third time he got into a scuffle, something different happened: A counselor at Augustus Hawkins High School in South Los Angeles pulled Banks and the other teen aside and told them they needed to talk.

Seated face to face, Joseph Luciani asked them to explain why they’d fought and how they felt — part of the school’s new approach to discipline that is catching on in urban districts and focuses more on students working out their differences with counselors than suspensions.

“I realized we had a lot of similarities,” said Banks, 17, who said his father is involved in a gang and his mother jobless.


YOUNG “BROKEN CITY POETS” USE POETRY AND JOURNALISM TO MAKE SENSE OF LIFE IN BANKRUPT STOCKTON, CA

The Center for Investigative Reporting and Youth Speaks (a non-profit that helps kids in SF and around the world find their voices through spoken-word poetry) together commissioned Bay Area slam poet and activist, Josh Merchant, to teach workshops mixing poetry and investigative journalism to Stockton kids.

The goal was to help kids find and use their voices to cope with issues in their struggling city. We encourage you to watch the resulting documentary, Broken City Poets (above), in its entirety.


DIVERTING LA TEENS FROM TAGGING INTO A SAFE SPACE FOR ART AND ENTREPRENEURIAL DEVELOPMENT

The Santa Monica non-profit, Streetcraft LA, redirects gifted young taggers from the streets, teaching them how to channel their talents to earn an income—selling their designs on clothing, wall art, and other merchandise. Streetcraft LA has provided a positive and profitable outlet to around 75 Los Angeles kids, who are either at risk or have spent time behind bars for tagging.

KPCC’s Adrian Florido has the story. Here are some clips:

Bobby Rodriguez started tagging when he was 13, spray painting illegal graffiti art from San Pedro to San Bernardino. Life in that world led to other illicit activity and several arrests…

Today, at 25, Rodriguez is an aspiring commercial artist, thanks in part to the efforts of a Santa Monica-based nonprofit called Streetcraft L.A.

Streetcraft co-founder Jonathan Mooney calls it a social venture, designed to show talented but troubled kids like Rodriguez that their art can be a source of legitimate income.

“There’s this misconception that graffiti is gang related,” Mooney said, adding that most is not. “It’s often creative young people who don’t have a different channel for their creativity.”

[SNIP]

In the two years since Streetcraft was founded, about 75 young artists have taken its classes, though the organization doesn’t track how many kids give up illegal tagging after going through its program.

Streetcraft co-founder Mooney said the nonprofit is also working to become something of a diversion program for kids arrested for graffiti.

“We have begun the process of building a relationship with folks in the juvenile justice system to see Streetcraft as a way to perhaps give a kid a second chance to apply that creativity in a different way,” he said.

Posted in journalism, juvenile justice, LAUSD, law enforcement, Prosecutors, Restorative Justice, writers and writing, Zero Tolerance and School Discipline | No Comments »

Jumpstarting Foster Care Reform, Kamala Harris’ New Initiative, the NYPD Protest, Indigent Defense, and Homeboy

January 5th, 2015 by Taylor Walker

NEW LA COUNTY SUPERVISORS MAY RESUSCITATE DCFS REFORM PUSH

The two recently-elected LA County Supervisors, Sheila Kuehl and Hilda Solis, help form a new majority focused on implementing foster care reforms recommended by a blue ribbon panel last April. Two critical reforms in particular have hit a wall after the approval of all 42 recommendations last year: the creation of a child welfare czar, and boosting the use of county “Medical Hub” clinics that provide medical and mental health screenings for foster kids as a means of detecting abuse and neglect.

Kuehl and Solis, joined by Supervisor Don Knabe, are also in favor of hiring more social workers to offset current DCFS workers’ unmanageable caseloads.

Supervisor Mark Ridley-Thomas says he hopes the arrival of the two new supervisors will rebuild the board’s lost momentum.

The LA Times’ Garrett Therolf has more on the issue. Here’s a clip:

The board majority said they want to look again at recommendations made by a blue-ribbon commission that includes proposals to expand the use of county clinics for medical assessments of abused and neglected children and to appoint a child-welfare “czar” to coordinate services across departmental lines.

They are even considering going beyond the commission’s recommendations to significantly increase the number of social workers and finally erase long-standing disparities in the quality of service provided in different regions of the county. Although the supervisors say they won’t commit to a specific hiring target, their deliberations will occur at the same time the social workers union is pushing to hire 450 more staffers in 2015 — a proposal that would cost $60 million.

Recently elected Supervisors Sheila Kuehl and Hilda Solis are among those saying the additional hiring must be reconsidered. Their predecessors, reluctant to add new costs, had argued that the Department of Children and Family Services needed only to better use the roughly 7,500 employees and $1.5-billion budget it already has.

“I’ve said all along that the caseloads are so high that it is virtually impossible for social workers to say that they’ve investigated nearly every possibility in a child’s case,” Kuehl said.

Kuehl and Solis, who campaigned with financial support from the social workers union, have joined hold-over Supervisor Mark Ridley-Thomas to call for a fresh review of dozens of recommendations introduced a year ago by a blue-ribbon commission appointed in the aftermath of the beating death of 8-year-old Gabriel Fernandez…

In recent interviews, Supervisor Don Knabe joined Kuehl and Solis to say the county should consider adding more social workers. Ridley-Thomas and Supervisor Michael D. Antonovich declined to state their positions on new hiring, but aides to Antonovich said he would be willing to examine the proposal.

“Los Angeles County social workers have caseloads that are among the highest in the nation; they need our support,” Solis said. “We need to look at how they’re deployed, trained, supervised and equipped. Hiring more social workers is one of the options that needs to be in the mix for consideration.”

AND WHILE WE’RE ON THE SUBJECT OF PROTECTING KIDS…

On Monday, California Attorney General Kamala Harris is expected to announce the creation of a new state Department of Justice bureau to combat crimes against kids. The new bureau will target the exploitation of foster kids, child sex trafficking, child labor, as well as truancy.

AP’s Don Thompson has more on Harris’ initiative. Here’s a clip:

She plans to announce during her swearing-in Monday that she is creating a bureau within the state Department of Justice that will focus on crimes against children.

Some of its work will expand on priorities during Harris’ first four years, including deterring school truancy and the trafficking of young women for sex, domestic labor or sweat shops.

The bureau also will tackle what Harris says are “tragically flawed” foster care and adoption systems and fight discrimination in schools, such as bullying.

“In the coming term, we’re going to double down. We’re going to use the power of this office to lift up the next generation of Californians,” Harris said in remarks prepared for her inauguration speech. She added later that, “We can’t keep letting down our most vulnerable children today, then lock them up tomorrow and expect a different outcome next week.”


A DIFFERENT TAKE ON THE NYPD PROTEST AND ITS IMPLICATIONS

Protesting Mayor Bill de Blasio’s alleged disloyalty to law enforcement, the New York Police Department slowed down work considerably, ticketing and arresting people “only when they have to.” Because of cops’ refusal to make arrests or hand out tickets for minor infractions, parking and traffic violations dropped 92% and 94% respectively, summonses went down 94% and overall arrests dropped a whopping 66%.

The Rolling Stone’s Matt Taibbi has an interesting alternate take on the NYPD’s “work stoppage.” Taibbi says that while not the aim of the NYPD officers, the protest has put a spotlight on the police-citizen interactions—costly tickets, summonses, and arrests for quality-of-life offenses—that inflame communities and pad the city’s pockets. Here are some clips:

First, it shines a light on the use of police officers to make up for tax shortfalls using ticket and citation revenue. Then there’s the related (and significantly more important) issue of forcing police to make thousands of arrests and issue hundreds of thousands of summonses when they don’t “have to.”

It’s incredibly ironic that the police have chosen to abandon quality-of-life actions like public urination tickets and open-container violations, because it’s precisely these types of interactions that are at the heart of the Broken Windows polices that so infuriate residents of so-called “hot spot” neighborhoods.

[SNIP]

I’ve met more than a few police in the last few years who’ve complained vigorously about things like the “empty the pad” policies in some precincts, where officers were/are told by superiors to fill predetermined summons quotas every month.

It would be amazing if this NYPD protest somehow brought parties on all sides to a place where we could all agree that policing should just go back to a policy of officers arresting people “when they have to.”

Because it’s wrong to put law enforcement in the position of having to make up for budget shortfalls with parking tickets, and it’s even more wrong to ask its officers to soak already cash-strapped residents of hot spot neighborhoods with mountains of summonses as part of a some stats-based crime-reduction strategy.


FOUR CRITICAL THINGS THE INCOMING US ATTORNEY GENERAL MUST KNOW ABOUT THE STATE OF INDIGENT DEFENSE

Across the country, poor defendants guaranteed public legal counsel, receive a less than adequate defense—sometimes, no defense at all.

Current US Attorney General Eric Holder has made considerable efforts to reform the indigent defense system, increasing funding and grants for public counsel, holding a 50-state symposium, and creating the Access to Justice initiative.

The Marshall Project’s David Carroll applauds Holder’s efforts, but says that more must be done by the next Attorney General.

Carroll shares four specific things the next AG must know to accomplish lasting change. Here are the first two:

#1. The public defense community does not need to hear from you … judges do.

Though the speeches of Attorney General Holder and the other high-level DOJ officials define the problems perfectly in speech after speech, the DOJ most often talks about the crisis before the public defense community or at indigent defense summits hosted by groups like the American Bar Association. Those organizations and communities already know that the right to counsel is eroding in America. Judges do not.

The most prevalent manner for delivering indigent defense services in the United States is for a private attorney to handle an unlimited number of cases for a single flat fee, under contract to the judge presiding over the lawyer’s cases. (We estimate flat fee contracts are used in 64 percent of all counties). Generally, all trial expenses (experts, investigators, etc.) must be paid out of the same flat fee, meaning the lawyer’s take-home pay is depleted for seeking outside assistance. When judges are allowed to hand-select defense counsel in this manner, the judiciary is interfering with a lawyer’s ability to make independent decisions.

Judges need to hear that the independence of the defense function is not just a good idea – it is the law. The U.S. Supreme Court has stated that “independence of counsel” is “constitutionally protected,” and that “[g]overnment violates the right to effective assistance when it interferes in certain ways with the ability of counsel to make independent decisions about how to conduct the defense.” A lawyer operating under a flat fee contract to a judge necessarily takes into his consideration what must be done to please the court in order to get his next contract, instead of operating solely in the interests of his client. Judges must stop flat-fee contracting and hand-selecting attorneys, and the next Attorney General needs to be the one leading the call.

#2. The public defense community does not need to hear from you … prosecutors do.

Most people may be shocked to know that tens of thousands of poor people are convicted, and serve jail time, every year without ever having spoken to a criminal defense attorney. Every single one of those defendants had a right to a public lawyer, but in many of those courts, there may not even have been a defense lawyer in the courtroom. The Sixth Amendment Center calls them “no counsel courts”…

Read the rest.


THE LA TIMES’ STEVE LOPEZ VISITS HOMEBOY INDUSTRIES

In his column, the LA Times’ Steve Lopez introduces us to Rudy Martinez, a security guard for Homeboy Industries, who, after spending the majority of his adult years in lock-up, found his way to Father Greg Boyle and Homeboy Ind., and a new perspective on life.

Lopez also tells of how it came about that Father Greg agreed to meet Sister Mary Scullion of Project HOME in Philadelphia for Pope Francis’ upcoming visit, in hope of engaging the Pope in mutual projects to change the world.

Here’s a clip from Rudy’s story:

“When I first went to county jail, it was like an accomplishment. Yeah, a badge of honor. And then I made it to the Big House,” said Martinez, who figures he’s spent more than half his adult life behind bars. And at a certain point, he began to wise up a little.

“It was 2012, I was sitting in my cell in Susanville, looking out the window, thinking about my future,” Martinez said.

And what did you see, I asked him.

“Emptiness. I had this moment of clarity, and I said, ‘Rudy, is this what you want to do with your life?’”

His answer was no. But he wasn’t out long before he got nabbed for driving without a license. There he was again, caged up and down on himself. And he decided the first thing he was going to do when he got out was go see this Father Greg guy he’d heard about. He’ll hook you up with a job, Martinez was told. That was the word.

“I came here not knowing what it was about,” said Martinez, who soon found that jobs are not handed out like candy canes. They’d give you an opportunity, yes. But you had to decide you were ready to make big changes and stay committed for 18 months.

Martinez is 14 months into it, determined to make it the rest of the way, stay out of trouble after that and go to work somewhere, preferably at Homeboy.

“I started going to classes,” he said. “Anger management, substance abuse, parenting, therapy. At first I was going to them because I had to go to them. But as time when on, I started going because I wanted to go and because it was making me feel better inside.

“There was a moment when I realized this was life. It’s spending time with family, being a productive member of society, paying taxes, pushing your kid on a swing.”

Posted in DCFS, Department of Justice, Foster Care, Homeboy Industries, LA County Board of Supervisors, Prosecutors, Public Defender | No Comments »

Alternative Sentencing Program LA Graduation Feat. AG Eric Holder, a SWAT Convention, Prosecutorial Power, and Ezell Ford

October 24th, 2014 by Taylor Walker

US ATTORNEY GEN. ERIC HOLDER TO SPEAK AT GRADUATION OF ALTERNATIVE SENTENCING PROGRAM SPEARHEADED BY ANDRE BIROTTE

SoCal graduates of a unique alternative-to-prison program will celebrate their success with the help of US Attorney General Eric Holder today (Friday). Holder will be speaking at the Conviction and Sentence Alternatives (CASA) Los Angeles graduation ceremony, as part of his “Smart on Crime” tour.

CASA gives a second chance to certain federal defendants charged with low-level felonies in Southern California. Participants are assigned a special CASA judge and must agree to enter a guilty plea, then they must satisfy a number of requirements, including regularly appearing before a CASA panel and engaging in assigned programs. When participants complete the CASA program, they will either have their charges dismissed or will receive a reduced sentence that does not include prison time, depending on their criminal history.

Although there are state programs of a similar nature, CASA was brought to life by former US Attorney André Birotte who saw the need for such a program at the federal level.

A spokesman for the U.S. Attorney’s office, when asked about the program’s success rate, said that it’s going “very well.” Also, when WLA talked to Birotte about the program last year, he was visibly enthusiastic.

For more reading on CASA, we suggest Jill Cowan’s October 2013 story for the LA Times.

By the way, André Birotte’s formal investiture as a federal judge will take place Friday afternoon.


SWAT-CON: LARGE-SCALE CATERING TO POLICE MILITARIZATION

Mother Jones’ Shane Bauer attended the September 2014 Urban Shield conference, a Department of Homeland Security-funded event for domestic and international SWAT teams. The convention showcases cutting edge military gear, vehicles, and prototypes, as well as things like t-shirts bearing an AR-15 sight that reads, “This is my peace sign.”

Here’s a clip from Bauer’s story:

The event felt surprisingly open at first—vendors talked to me freely and I could sit in on workshops—but by the second day, I started noticing cops whispering to each other while looking in my direction. Some came over to feel me out, asking what I thought of the term “militarization.” One of them worked for the Northern California Regional Intelligence Center, a Homeland Security project to coordinate intelligence from local cops and federal agencies like the FBI. As I flipped through the counterterrorism handbook at his booth, he snatched it away. “That’s for law enforcement only,” he said. He told me he knew who I was.

Bauer explains that SWAT teams were originally created by the LAPD to respond to things like hostage situations and mass shootings, but now the majority of SWAT deployments are to serve search warrants, mostly for drugs, and (surprise) disproportionately affecting minorities.

Special weapons and tactics teams were created in the late 1960s for extreme scenarios like saving hostages and taking down active shooters. But police departments soon began deploying them in more mundane situations. In 1984, just 40 percent of SWAT teams were serving warrants. By 2012, the number was 79 percent. In all, the number of SWAT raids across the country has increased 20-fold since the 1980s, going from 3,000 per year to at least 60,000. And SWAT teams are no longer limited to large cities: In the mid-1980s, only 20 percent of towns with populations between 25,000 and 50,000 had such teams. By 2007, 80 percent did.

Much of the increase has been driven by the drug war, says David Klinger, a former Los Angeles cop and a professor of criminal justice at the University of Missouri-St. Louis. “If we didn’t think that drugs were the most evilest thing in the history of God’s green earth,” he says, “and weren’t running hither and yon trying to catch people with dope in their house, none of this would have happened.”

Today, 85 percent of SWAT operations are for “choice-driven raids on people’s private residences,” Peter Kraska, an Eastern Kentucky University researcher who studies tactical policing, said in a recent Senate hearing. According to a study released by the American Civil Liberties Union earlier this year, 62 percent of SWAT deployments were for drug raids. The study found that in these raids, drugs were found only half of the time. When weapons were “believed to be present,” they were not found in half of the cases for which the outcome was known.

Besides the gear, the convention included a two-day training in which SWAT teams completed 35 scenarios in 48 hours. The winning SWAT team would receive a trophy.

Bauer was able to film a UC Berkeley SWAT hostage rescue session (click over to Mother Jones for the video) before he was banned from the conference.

I left the training site feeling unsettled. If you were the hostage in a real-life version of one of these scenarios, would you want someone to come and save you? Of course you would. If you were a cop, would you want to be protected against anything that might come your way? Of course. And yet, nearly every SWAT cop I talked to at Urban Shield was spending most of his time doing drug busts, searching houses, and serving warrants.

“When equipment is requested for SWAT teams, it’s common to talk about the threat of terrorism [and] other rare but highly dangerous situations like hostage taking, barricaded suspects, and riots,” David Alan Sklansky, a Stanford law professor who studies criminal law and policing, told me. “But the majority of times that SWAT teams have been deployed, it’s been for more conventional kinds of operations.”

“SWAT teams definitely have legitimate uses,” he added. “But like lots of other things, when they are sitting around they can wind up getting used when they are not required and may do more harm than good.”


MORE POLICE MILITARIZATION, OVERCRIMINALIZATION AND PROSECUTORIAL POWER

Washington Post’s Radley Balko shared two noteworthy videos depicting an unjust criminal justice system.

The first video, by Reason’s Anthony Fischer, tells of a drug raid on a smoke shop in Alpine, TX. While federal charges against the owner, Ilana Lipsen, were eventually dropped, she faced a coercive bond deal, prosecutorial misconduct, and, of course, a violent police raid that resulted in the arrest of her sister and mother.

The second video is from the folks at Right on Crime, a Texas-based, conservative criminal justice reform group. The video tells the story of a retired couple, Jack and Jill Barron, who were handed four felony charges for building on a wetland (that actually was found to be a site just plagued by poor drainage). While the Jack was found not guilty, they sunk their entire life-savings into the legal fees and are still prohibited from building on their own land.


LA CITY ATTORNEY SAYS LAPD OFFICERS SHOT EZELL FORD IN SELF-DEFENSE

According a court filing by the Los Angeles City Attorney’s Office, LAPD officers acted in self defense when they shot and killed Ezell Ford in August. The filing says that the mentally ill man knew what he was doing when he allegedly tried to grab one of the officer’s guns, and caused a necessary use of force by the officers involved.

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

The two officers shot Ezell Ford, who was unarmed, after he tried to grab one of their guns, according to LAPD officials and the court filing.

The shooting occurred August 11 on West 65th Street in South LA. Ford was 25.

Ford “knew and understood the degree of risk, and voluntarily assumed such risk,” according to documents the city filed in response to a lawsuit by the family. “The forced used…was caused and necessitated by the actions of the decedent, and was reasonable and necessary for self-defense.”

Posted in law enforcement, Prosecutors, Right on Crime, Sentencing, The Feds, War on Drugs | No Comments »

Judge Slams State With Restraining Order Over Jefferson High’s Scheduling Mess…Powerful Prosecutors…and More

October 9th, 2014 by Celeste Fremon



Alameda County Superior Court Judge George Hernandez Jr. has taken a good look
at the mess that is occurring at LA’s Thomas Jefferson High School, and he is furious.

Here’s the deal: Due to a hideously malfunctioning computer system, Jefferson High—which has been one of LA County’s most troubled high schools off and on for years now— fell into morass of scheduling dysfunction before this school year began in August. Kids were assigned to incorrect classes—in many cases courses they’d already taken. Or worse they were given pretend classes that weren’t classes at all, hours called “Service” periods, or “College Class” or “Adult Class”—each of which turned out, incredibly to provide no instruction. In still other cases, kids were even simply sent home because no classes—even the faux courses—-were available.

Now here we are in October and, according to Judge Hernandez, the debacle is showing no sign of getting straightened out.

As it happens, Jefferson High was already one of nine “high-need schools” named in a class action lawsuit, Cruz v. California, filed this past spring by Public Counsel and the So Cal ACLU (with pro bono support from the law firms Carlton Fields Jorden Burt and Arnold & Porter LLP).

Cruz v. California challenges “California’s failure to provide meaningful learning time to students” of these nine schools.

Thus, thankfully, when the scheduling crisis erupted, there was already a legal instrument in place to address it.

All this brings us to the very unhappy Judge Hernandez who issued a tersely-worded temporary restraining order on Wednesday demanding that, no later than next Tuesday, Oct. 14, the state and LAUSD must come up with a viable plan to get kids back in appropriate classes, and then have the plan and the needed resources in place by no later than November 3.

“Absent such intervention,” wrote the judge, “there is a significant likelihood that Jefferson students will continue to endure chaos and disruption due to ongoing scheduling issues and low morale, will not have the opportunity to enroll in courses needed to graduate or qualify for college admission, will fail courses or receive poor grades due circumstances beyond their control (including the scheduling fiasco and lack of remedial resources) and, as a result, will be less equipped to succeed in life, in the job market, and (if they are able to gain admission) in college.”

The judge wrote a lot more in that vein about the harm he believed had been done to Jefferson’s students who, he noted, were “disproportionately low income, minority, first generation students, foster children and/or English learners.”

(Here’s a link to the order itself.)

Attorneys representing the plaintiffs praised the judge’s speedy action, but slammed California’s Department of Education for its inattention.

“The State stood by for months while students at Jefferson sat in classes they had already passed, made copies instead of learning math, and were sent home midway through the school day,” said Kathryn Eidmann, staff attorney at Public Counsel. “Students, parents, and teachers deserve better. Today’s ruling recognizes that the State must ensure that all California students have a chance to graduate, attend college, and succeed.”

David Sapp, staff attorney at the So Cal ACLU, added that although the situation at Jefferson is extreme, “it’s also typical of students at schools that have been ignored by the state for too long. We need a new attitude from our state leaders that all students deserve the same opportunity to learn,” he said.

Indeed.


HOW PROSECUTORS CAME TO HAVE SO MUCH POWER

“The prosecutor has more control over life, liberty and reputation than any other person in America,” said then U.S. Attorney General Robert Jackson, in 1940.

In the intervening 74 years, prosecutors have gotten more powerful not less, with almost nothing in the way of legal consequences to rein in those prosecutors who choose to misuse their power.

The Economist Magazine has a good story that explores the matter of prosecutorial power.

Here are some clips:

Cameron Todd Willingham was accused of murdering his daughters in 1991 by setting fire to the family house. The main evidence against him was a forensic report on the fire, later shown to be bunk, and the testimony of a jailhouse informant who claimed to have heard him confess. He was executed in 2004.

The snitch who sent him to his death had been told that robbery charges pending against him would be reduced to a lesser offence if he co-operated. After the trial the prosecutor denied that any such deal had been struck, but a handwritten note discovered last year by the Innocence Project, a pressure group, suggests otherwise. In taped interviews, extracts of which were published by the Washington Post, the informant said he lied in court in return for efforts by the prosecutor to secure a reduced sentence and—-amazingly—-financial support from a local rancher.

A study by Northwestern University Law School’s Centre on Wrongful Convictions found that 46% of documented wrongful capital convictions between 1973 and 2004 could be traced to false testimony by snitches—making them the leading cause of wrongful convictions in death-penalty cases. The Innocence Project keeps a database of Americans convicted of serious crimes but then exonerated by DNA evidence. Of the 318 it lists, 57 involved informants—and 30 of the convicted had entered a guilty plea.

[LARGE SNIP]

It is not clear how often prosecutors themselves break the rules. According to a report by the Project on Government Oversight, an investigative outfit, compiled from data obtained from freedom of information requests, an internal-affairs office at the Department of Justice identified more than 650 instances of prosecutors violating the profession’s rules and ethical standards between 2002 and 2013. More than 400 of these were “at the more severe end of the scale”. The Justice Department argues that this level of misconduct is modest given the thousands of cases it handles.

Judge Kozinski worries, however, that there is “an epidemic” of Brady violations—when exculpatory evidence is hidden from defence lawyers by prosecutors. For example, in 2008 Ted Stevens, a senator from Alaska, was found guilty of corruption eight days before an election, which he narrowly lost. Afterwards, prosecutors were found to have withheld evidence that might have helped the defence. Mr Stevens’s conviction was vacated, but he died in a plane crash in 2010.

Prosecutors enjoy strong protections against criminal sanction and private litigation. Even in egregious cases, punishments are often little more than a slap on the wrist. Mr Stevens’s prosecutors, for example, were suspended from their jobs for 15 to 40 days, a penalty that was overturned on procedural grounds. Ken Anderson, a prosecutor who hid the existence of a bloody bandana that linked someone other than the defendant to a 1986 murder, was convicted of withholding evidence in 2013 but spent only five days behind bars—one for every five years served by the convicted defendant, Michael Morton.

Disquiet over prosecutorial power is growing. Several states now require third-party corroboration of a co-operator’s version of events or have barred testimony by co-operators with drug or mental-health problems. Judge Rakoff proposes two reforms: scrapping mandatory-minimum sentences and reducing the prosecutor’s role in plea-bargaining—for instance by bringing in a magistrate judge to act as a broker. He nevertheless sees the use of co-operators as a “necessary evil”, though many other countries frown upon it.

Prosecutors’ groups have urged Mr Holder not to push for softer mandatory-minimum sentences, arguing that these “are a critical tool in persuading defendants to co-operate”. Some defend the status quo on grounds of pragmatism: without co-operation deals and plea bargains, they argue, the system would buckle under the weight of extra trials. This week Jerry Brown, California’s governor, vetoed a bill that would have allowed judges to inform juries if prosecutors knowingly withhold exculpatory evidence.


WHY ARE SO MANY WOMEN IN PRISON IN AMERICA? IT’S THE DRUG WAR, STUPID!

I turns out that nearly a third of the women who are incarcerated worldwide, are locked up in U.S. jails or prisons according to the International Center for Prison Studies. (Of course, given our overall incarceration rate per capita, that should not be surprising.)

The Huffington Post’s Nina Bahadur has more on the story. Here’s a clip:

So, why does America imprison so many women? Mandatory sentencing minimums have led to prison overcrowding in general. An estimated two-thirds of women incarcerated in federal prisons are serving time for nonviolent, drug-related crimes.

Female prisoners are disproportionately women of color, and one study suggests that 44 percent of female prisoners in the U.S. don’t have a high school diploma or GED. Incarcerating women also plays a huge role in breaking up families — 64 percent of female state prisoners lived with and cared for their minor children before their imprisonment.

Posted in Education, Innocence, LAUSD, prison policy, Prosecutors, Sentencing | 2 Comments »

$20 Million to Mental Illness Diversion, Gov. Brown’s Veto of Prosecutorial Misconduct Bill, Too Few LASD Patrol Cars In Unincorporated LA, and Rikers’ Ban On Solitary for Kids

October 2nd, 2014 by Taylor Walker

SUPES SET ASIDE $20 TO KEEP MENTALLY ILL OUT OF JAIL AND IN TREATMENT

On Tuesday, the LA County Board of Supervisors voted to allocate $20 million for keeping the mentally ill out of lock-up, and steering them into treatment and other tailored services, instead. The money is being earmarked for diversion programs pending LA DA Jackie Lacey’s upcoming recommendations for how to best divert mentally ill offenders.

The Supes made this decision earlier than expected, having previously said they would wait to vote on this issue until Lacey presented her report later in the fall. (Backstory on the issue—here.)

Supe. Ridley-Thomas has more about the board’s important decision on his website. Here’s a clip:

“Unnecessarily jailing people with mental illness is not only expensive, because they can be treated for a fraction of the cost using community-based programs, but it is also harsh and insensitive, and dare I say, inhumane,” [Ridley-Thomas] said. “Having an untreated mental illness should not be a crime.”

The County of Los Angeles has been under a Memorandum of Agreement with the U.S. Department of Justice since 2002 and could face a consent decree because the jails were not designed to accommodate or deliver treatment to inmates with severe mental illnesses.

Today, the Board of Supervisors joined with District Attorney Jackie Lacey, County mental and public health departments and the Sheriff’s Department as a financial partner committed to diversion. In 2015, the board will vote on whether to build a $2 billion jail. By setting aside $20 million in a separate fund pending receipt of the District Attorney’s report, the Board has expressed a commitment to righting this wrong.


RADLEY BALKO ON GOV. BROWN’S VETO OF IMPORTANT BILL AGAINST PROSECUTORIAL MISCONDUCT

Yesterday, we linked to a number of good and important bills Gov. Jerry Brown signed this week, but the governor did also veto a significant criminal justice reform bill aimed at curbing prosecutorial misconduct, and thus, wrongful convictions.

AB 885 would have given judges the ability to tell juries when prosecutors intentionally withhold exculpatory evidence from the defense. (While it is “arguably illegal,” as the Washington Post’s Radley Balko says, there is not much in the way of accountability to keep prosecutors from withholding evidence.) Some prosecutors had even supported the bill.

Balko has the rundown on why Brown’s veto was troubling. Here’s a clip:

This year, the state legislature again passed a bill aimed at reining in wrongful convictions, this time by allowing judges to inform juries when prosecutors have been caught intentionally withholding exculpatory evidence, which is already a breach of ethics and arguably illegal. It was modest reform that even some state prosecutors supported. Yet Gov. Brown vetoed it. The watchdog site The Open File, picks apart Brown’s justification.

Brown based his veto on two claims: first, that “Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light at trial”, and, second, that the bill “would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed.”

The first claim ignores the very problem that the bill was designed to remedy by suggesting that the present regime of prosecutorial accountability is perfectly sufficient, when the evidence, not only in California, but across the country continues to mount that too many prosecutors have for too long violated their constitutional and ethical duties as public officials.

The second claim is, if possible, even stranger. In fact, one could be forgiven for thinking Brown’s office hadn’t read the bill. To say that an amendment to the penal code which vests discretion in judges is a “sharp departure” from the practice of allowing “the judiciary to decide how juries should be instructed,” is, frankly, bizarre. But not arbitrary. It bespeaks a broader truth at work here: when unchecked authority detects even the hint that its prerogatives are being questioned, its reaction is frequently hysterical. It goes “ballistic” as Assemblyman Ammiano suggested. And when impunity is threatened, reason goes out the window. Minor reforms are seen as existential threats.

Which, of course, carries through into something broader still. A national, racialized hysteria over crime that has for decades now fogged the public mind to the enormous human cost of over prosecution and over sentencing.

Jerry Brown had an opportunity to take one baby step toward slowing the rate of this damage. Alas, the Democratic Governor of perhaps the most reliably Democratic state in the union couldn’t summon the courage. His party’s capitulation to the law-and-order agenda is apparently too deeply woven into his political identity. And so he has left it to others to start burning off some of that fog.

It isn’t as if prosecutor misconduct is nonexistent in California. A 2010 study by the Northern California Innocence Project found 707 instances of prosecutorial misconduct in California courts between 1997 and 2009. And those were merely cases where misconduct had been found by appellate courts. The study also found that over that same period, just 10 state prosecutors were disciplined by the California State Bar. A follow-up study the following year documented 102 cases of misconduct found by California judges in 2010 alone, including 31 in Los Angeles County. In a ruling last December, Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit — which includes California — decried an “epidemic” of Brady violations in America. (“Brady” is shorthand for the Supreme Court decision requiring prosecutors to turn over exculpatory evidence.)

Balko goes on to give quite a few specific instances of prosecutorial misconduct in California, so do go read the rest.


LASD DOESN’T SEND ENOUGH PATROL CARS OUT TO UNINCORPORATED AREAS, SAYS SUPE. MOLINA

LA County Supervisor Gloria Molina’s office found that the Los Angeles Sheriff’s Dept. has been failing to send out the agreed upon number of patrol cars to unincorporated areas like East Los Angeles. The shortages were especially predominant on weekends, when there are generally more calls from people needing help. Molina’s office also found that the department sometimes increased the number of patrol cars during the week to offset the weekend deficit.

In light of the findings, the Supes have decided to hold $12 million in funding for new hires (to lower response times in unincorporated areas) until the department solves it’s scheduling problem.

The LA Times’ Abbey Sewell has more on the issue. Here’s a clip:

“I just wanted to get what I was paying for,” Molina said in an interview. “You see the high crime rates in these areas, and the patrol cars weren’t there.”

At the supervisors’ meeting Tuesday, a contrite Assistant Sheriff Michael Rothans acknowledged that there was a problem with weekend staffing, which he said he had only learned about recently. But he said the department had taken measures to alter a scheduling practice that had put more deputies on patrol during quieter weekdays — a situation that he said stemmed in part from a freeze on overtime, which was lifted in July.

In an effort to improve response times, supervisors agreed to set aside $12.4 million to increase the number of deputies patrolling unincorporated areas. But they decided to hold the money until sheriff’s officials verify that they have fixed scheduling practices that have led to more deputies being deployed during weekdays than on busy weekend nights.

The additional funding would add 67 deputies to the unincorporated areas, as a move toward restoring staffing to pre-recession levels. An additional 56 positions could be added next year.

A study of sheriff’s response times around the county found that those for both routine and emergency calls had grown worse in some unincorporated areas from 2010 to 2013. In East Los Angeles, the average time to respond to emergency calls remained 4.3 minutes — one of the best in the county’s unincorporated areas — but response time for routine calls had increased from 58.4 to 68.4 minutes. In unincorporated areas around Malibu, emergency response times increased from 9.8 to 10.8 minutes and routine calls from 34.5 minutes to 42.2 minutes.


THE SIGNIFICANCE OF NYC DEPT. OF CORRECTION’S BAN ON SOLITARY CONFINEMENT FOR 16 AND 17-YEAR-OLDS

In August, a federal investigation found that teenagers at the notorious Rikers Island prison in New York were subjected to excessive and unchecked use of force by guards, violence from other inmates, and overuse of solitary confinement as punishment.

This week, the New York City Dept. of Correction has announced it will eliminate the solitary confinement of juveniles at Rikers by the end of 2014.

The Center for Investigative Reporting Trey Bundy and Daffodil Altan explain the importance of this reform and what it might mean for other jurisdictions that are still putting kids in isolation. Here are some clips:

We know little about how many young inmates get placed in solitary, why and for how long.

This is what Juan Méndez, the United Nations’ special rapporteur on torture, called “a chaos of information.” Juvenile solitary confinement is torture, he said, and no one knows how common it is.

Because most U.S. facilities are not required to track or report their use of isolation for juveniles, the practice has flourished in the shadows. And because no federal laws prohibit isolating teenagers indefinitely for 23 hours a day, young inmates can spend months alone in their cells without anyone outside their facilities noticing.

[SNIP]

Many facilities suppress information and close their doors to scrutiny.

New York City Councilman Daniel Dromm sponsored a recently passed bill requiring corrections officials to report detailed data about who is held in solitary, why and for how long, after officials refused to provide him with data he requested. His legislation could be a model for other jurisdictions seeking the access and information required to understand what is happening to teenagers in local facilities.

CIR made dozens of requests to visit the isolation units in facilities that hold juveniles across the country, but only one, in Santa Cruz, California, opened its doors and talked openly about efforts to reduce the use of solitary confinement. Officials at the Santa Cruz County Juvenile Hall have kept isolation data for years, tracking a decline in the practice so drastic that officials from jurisdictions all over the country travel to California to see how they did it.

[SNIP]

Now that Rikers Island, the nation’s second-largest jail, is saying it will ban juvenile solitary confinement, it’s possible that other jurisdictions will follow suit.
A growing chorus of mental health experts claims that isolating teenagers makes them more violent, and more relationship-based and trauma-informed approaches to managing teens will lead to safer facilities and safer streets.

Although Rikers Island officials have been privy to such perspectives for years, it took months of media scrutiny and a federal investigation for them to acknowledge the damage their practices have caused and commit to changing them. The question now is whether others will voluntarily work to find new ways to manage troubled teens, like officials did in Santa Cruz, or whether they will wait for government probes and media attention.

Posted in Edmund G. Brown, Jr. (Jerry), jail, juvenile justice, LASD, Mental Illness, Prosecutors, solitary | 2 Comments »

$3M Proposal to Give Legal Aid to Unaccompanied Immigrant Kids, the Problem of Prosecutorial Abuse, Social Workers to Get Criminal History of Foster Providers, and CA Attorney General Appealing Death Penalty Ruling

August 22nd, 2014 by Taylor Walker

GOV. BROWN AND LAWMAKERS’ $3 MILLION LEGISLATIVE PROPOSAL TO PROVIDE LEGAL REPRESENTATION TO UNACCOMPANIED IMMIGRANT KIDS

On Tuesday, Governor Jerry Brown and state lawmakers announced a proposal to allocate $3 million to non-profits providing legal aid to unaccompanied children in immigration court proceedings who are otherwise left to navigate the court system alone.

The LA Times’ Melanie Mason has the story. Here’s a clip:

“Helping these young people navigate our legal system is the decent thing to do and it’s consistent with the progressive spirit of California,” Brown said in a statement.

The legislative proposal would give $3 million to qualified nonprofit organizations that provide legal assistance to unaccompanied minors. There are an estimated 3,900 Central American children currently in the state who have come to the country without a parent or other relative.

“These kids face a daunting immigration process and any failures in our justice system that lead to deportation can be a death sentence,” said Senate President Pro Tem Darrell Steinberg.

Assembly Speaker Toni Atkins (D-San Diego) and members of the Latino Caucus paid a visit this summer to a temporary detention center in Ventura County where some children were being housed. Atkins said that visit was a catalyst for the legislative action.

“We all came away with a feeling that these kids needed our support — that it was about their safety, their due process, the ability to look beyond bigger political considerations and deal with a humanitarian crisis,” she said.


$10 MIL SETTLEMENT TO WRONGFULLY CONVICTED MAN DOES NOT ADDRESS THE PROBLEM OF UNCHECKED PROSECUTORIAL MISCONDUCT

New York City will pay a $10 million settlement to Jabbar Collins who was wrongfully convicted of murder for which he spent 15 years in prison.

Collins’ battle with the city also helped to bring down Brooklyn District Attorney Charles Hynes, whose top aide Michael Vecchione prosecuted Collins, allegedly withholding evidence and coercing witnesses to win a conviction. Collins and his lawyer, Joel Rudin, exposed extensive prosecutorial misconduct emanating from the DA’s office.

In an editorial co-published with the NY Daily News, ProPublica’s Joe Sexton says Collins’ win does not mean that the system worked: Vecchione paid no consequences for misconduct, and it’s likely that he never will. Instead, tax payers will foot the bill for Vecchione’s misdeeds in the Collins case. Prosecutorial misconduct goes largely unchecked, thanks, in part, to laws protecting prosecutors from liability. Here’s a clip:

So many shortcomings spotlighted by the Collins case remain unresolved.

Michael Vecchione, the prosecutor who gained a murder conviction against Collins in the 1990s and who was later accused of having committed an array of misconduct in the case, has to date faced no sanction.

And history suggests he won’t. He even managed to cash out a couple hundred days of vacation as he quietly left the Brooklyn district attorney’s office last year.

The taxpayers who paid for those vacation days are now on the hook for $10 million more, footing the bill for Collins’ wrongful conviction.

The lack of consequences for Vecchione — who was accused by Collins and his lawyer of intimidating witnesses, suborning perjury and lying about it all for years while Collins sat in prison — get at larger problems with the system of prosecutorial oversight.

Two federal judges ultimately came to damning conclusions about Vecchione’s conduct. They upbraided him in open court. But there’s no evidence they reported him to the state disciplinary committees appointed to investigate complaints of attorney misconduct.

The fact that it is not clear whether any state panel charged with policing attorneys has or will take up Vecchione’s history underscores what many have complained about for years: The state’s disciplinary system operates almost entirely in secret. Its rare disciplining of prosecutors, then, often remains unknown to the public, including the men and women later facing those prosecutors in court.

The system offers the innocent and the damaged only one meaningful recourse for exposing prosecutorial misconduct: a civil lawsuit. But such suits require years of expensive effort, and, of course, are only even theoretically available to those who have managed to win their freedom.


SOCIAL WORKERS GAIN MORE ACCESS TO CRIMINAL HISTORY OF FOSTER PARENTS AND PROVIDERS TO KEEP KIDS SAFE

On Thursday, Gov. Jerry Brown signed an important bill, SB 1136, to allow social workers to access foster care parents and providers criminal history data before placing kids in their care. Foster care providers have to receive a criminal record clearance or exemption from the state, according to existing law.

To help them better protect vulnerable foster kids, social workers will now be able to see if (and why) parents or providers have received a suspension, probation, or a revoked license.

The LA Times’ Garrett Therolf has more on the bill. Here’s a clip:

The legislation, SB 1136, comes in response to Times reports documenting instances when children were harmed and taxpayer money was allegedly misspent by people with criminal backgrounds who had been granted special waivers from the state to receive foster children.

In the past, county social workers, who have the responsibility to place at-risk children in safe homes, were unable to view criminal records of foster parents or workers at agencies that help find and train foster families.

The law takes effect on Jan. 1.


CALIFORNIA AG KAMALA HARRIS TO APPEAL RULING AGAINST CALIFORNIA DEATH PENALTY

California Attorney General Kamala Harris has decided to appeal a federal judge’s ruling against California’s death penalty.

U.S. District Court Judge Cormac J. Carney ruled last month that delays keeping inmates on death row for decades amounts to cruel and unusual punishment.

Here’s what AG Harris had to say about her decision: “I am appealing the court’s decision because it is not supported by the law, and it undermines important protections that our courts provide to defendants. This flawed ruling requires appellate review.”

KPCC’s Nathan McIntire has the story.

Posted in DCFS, Death Penalty, Foster Care, immigration, Prosecutors | 1 Comment »

Big Problems With Idaho’s Private Prison…. A New Sheriff Candidate Debate!….CA Needs Sentencing Reform…Out of Control Prosecutors…..& Paul Tanaka Has a Plan – UPDATED

March 11th, 2014 by Celeste Fremon


FEDS INVESTIGATE AWFUL PRIVATE IDAHO PRISON (ARE YOU LISTENING CALIFORNIA??)

The FBI has launched an investigation into Idaho’s largest and most violent prison, a for profit facility run by the private prison behemoth, Corrections Corporation of America—or CCA. The chronically understaffed prison has a reputation for being so out of control that inmates reportedly call it “Gladiator School.”

The facility got bad enough under CCA’s management that, in January of this year, Idaho decided to take back oversight of the place.

And now the FBI is stepping in.

It is sobering to note that California also contracts with CCA. Right now they house approximately 8000 of our state’s inmates, with that number scheduled to rise, making us CCA’s second largest customer.

Rebecca Boone of the Associated Press has the story on this latest CCA scandal Here’s a clip:

The Nashville, Tenn.-based CCA has operated Idaho’s largest prison for more than a decade, but last year, CCA officials acknowledged it had understaffed the Idaho Correctional Center by thousands of hours in violation of the state contract. CCA also said employees falsified reports to cover up the vacancies. The announcement came after an Associated Press investigation showed CCA sometimes listed guards as working 48 hours straight to meet minimum staffing requirements.

[BIG SNIP]

The understaffing has been the subject of federal lawsuits and a contempt of court action against CCA. The ACLU sued on behalf of inmates at the Idaho Correctional Center in 2010, saying the facility was so violent that inmates called it “Gladiator School” and that understaffing contributed to the high levels of violence there.

In 2012, a Boise law firm sued on behalf of inmates contending that CCA had ceded control to prison gangs so that they could understaff the prison and save money on employee wages, and that the understaffing led to an attack by one prison gang on another group of inmates that left some of them badly injured.

The Department of Justice requested a copy of a forensic audit done for the Idaho Department of Correction earlier this year. That audit showed that CCA understaffed the prison by as much as 26,000 hours in 2012 alone; CCA is strongly contesting those findings. CCA’s Owen has said the company believes the audit overestimates the staffing issues by more than a third.


VAN NUYS HOSTS FIRST SHERIFF’S CANDIDATE’S DEBATE ON WED. NIGHT, MARCH 12

The debate will take place this Wednesday night starting at 7:00 pm.

It will be held at the Van Nuys Civic Center, at 6262 Van Nuys Blvd., on the ground floor of the building.

The only candidates for LA County Sheriff who are, at the moment, not coming are Assistant Sheriff Jim Hellmold and former undersheriff Paul Tanaka.

Perhaps that will change. Let us hope so.

UPDATE: Paul Tanaka is now confirmed and, with luck, they’ll also get Hellmold. (Note to Jim: Call these people back. Now!)

PS: THIS NEWLY ANNOUNCED VAN NUYS DEBATE IS DIFFERENT FROM THE ACLU/LEAGUE OF WOMEN VOTORS DEBATE that will take place next week on March 20. We’ll remind you again when we’re closer to the date.


CALIFORNIA NEEDS A SENTENCING COMMISSION SEZ THE NY TIMES

We may have modified our Three Strikes statute, and that’s a welcome step, but California still has a great many laws on the books that are not in the best interest of public safety, and which have much to do with why we have been struggling with overcrowded prisons.

The NY Times weighs in on the topic of our need for sentencing reform.

Here’s a clip:

California should move quickly to set up a commission. Over the past few decades, the federal government and about one-third of the states, from Alabama to Washington, have established commissions to address overcrowding and other issues. By using data-based assessments of who is more or less likely to re-offend, they help correctional systems both protect public safety and save money. A 2010 report by the California state auditor estimated that the longer sentences imposed under the three-strikes law will cost the state an additional $19.2 billion.

As important as reducing prison populations is making sure that people don’t go right back in. That will require postprison programs focusing on jobs, housing, and treatment for drug addiction and mental illness. California has budgeted for this as part of a statewide reform initiative, but the money needs to be spent wisely. (A report by the Legislative Analyst’s Office criticized Gov. Jerry Brown’s plan to move prisoners to county jails and private prisons. It said the state should focus on longer-term solutions, like reducing sentences for some crimes and diverting more offenders away from prison.)

Governor Brown, who has thwarted meaningful reform in the past, has begun to show some openness to change — for example, in signing off on parole releases at a far higher rate than any governor in decades…


PROSECUTORS SHOULD FOLLOW THE LAW? A NOVEL CONCEPT?

It is fairly well established that American prosecutors have too much power, and too little accountability.

A 2009 study that looked at the primary causes for wrongful convictions overturned based on DNA evidence found that prosecutorial misconduct was a factor in from 36% to 42% of the convictions. And what happens to those prosecutors whose shaving of the legal dice has resulted in someone doing time for something he or she didn’t do?

For the most part, nothing.

Finally, however, a few judges in various areas of the country are starting to speak out against prosecutorial misconduct. Last year, Alex Kozinski of California’s 9th Circuit did so memorably.

Radley Balko writes for the Washington Post about other judges who have also spoken up—basically saying that prosecutors have to abide by the law.

And how have prosecutors reacted to this criticism? Not well, writes Balko.

Here’s a clip:

….Late last year, South Carolina State Supreme Court Justice Donald Beatty joined Kozinski. At a state solicitors’ convention in Myrtle Beach, Beatty cautioned that prosecutors in the state have been “getting away with too much for too long.” He added, “The court will no longer overlook unethical conduct, such as witness tampering, selective and retaliatory prosecutions, perjury and suppression of evidence. You better follow the rules or we are coming after you and will make an example. The pendulum has been swinging in the wrong direction for too long and now it’s going in the other direction. Your bar licenses will be in jeopardy. We will take your license.”

You’d think that there’s little here with which a conscientious prosecutor could quarrel. At most, a prosecutor might argue that Beatty exaggerated the extent of misconduct in South Carolina. (I don’t know if that’s true, only that that’s a conceivable response.) But that prosecutors shouldn’t suborn perjury, shouldn’t retaliate against political opponents, shouldn’t suppress evidence, and that those who do should be disciplined — these don’t seem like controversial things to say. If most prosecutors are following the rules, you’d think they’d have little to fear, and in fact would want their rogue colleagues identified and sanctioned.

The state’s prosecutors didn’t see it that way.


CANDIDATE FOR SHERIFF PAUL TANAKA RELEASES HIS “POSITIVE VISION” FOR THE LASD

On Monday, former undersheriff Paul Tanaka released his eight topic plan for “changing the direction of the Los Angeles Sheriff’s Department.

The plan divides its recommendations into eight categories: executive staff, accountability, transparency, budget, officer training, patrol, jail operations and crime.

Among its notable points, Tanaka pledges “100% cooperative effort with the Inspector General.” If elected, he also intends to “establish a promotional testing process, which will ensure that only the highest qualified employees are considered – based on experience, knowledge and effort,”

There’s lots more so read the details here.

Posted in 2014 election, Innocence, Paul Tanaka, prison, prison policy, Prosecutors, Sentencing | 12 Comments »

The First Debate Between Sheriff’s Candidates, Rikers Island & Solitary, San Diego Prosecutors Admit to Cheating, Raising $$ for the Sheriff’s Campaigns… & More

March 6th, 2014 by Celeste Fremon


THE ACLU AND THE LEAGUE OF WOMAN VOTERS ANNOUNCE FIRST BIG DEBATE BETWEEN CANDIDATES FOR LA COUNTY SHERIFF, MARCH 20

The first of two debates between the seven men who each hope to be elected LA County sheriff will take place on Thursday, March 20, from 6:30 pm to 9:30 at the Mercado La Paloma, at 355 Grand Street, LA.

(There will be a second debate in the Santa Monica area on Thursday, April 24. Don’t worry. We’ll remind you as the date gets closer.)

The debates are organized and sponsored by the Southern California ACLU and others, and moderated by the League of Women voters.

(It could get crowded, so an RSVP online here is recommended.)

This is the first wide open election for LA County Sheriff in….well….a very, very long time. (The ACLU points out that more Catholic Popes have been selected in the last 80 years than there have been different LA sheriffs.)

We are therefore grateful for these debates that will allow LA County voters to become better informed about their choices.

Happily, all seven candidates have agreed to participate in the debates. This includes: Patrick Gomez, Jim Hellmold, Jim McDonnell, Bob Olmsted, Todd Rogers, Paul Tanaka, Lou Vince

Other debate sponsors are: Dignity Now, The Black Community & Labor Alliance, Justice Not Jails and The Los Angeles Regional Reentry Program


TEENAGERS & SOLITARY ON RIKERS ISLAND

On any given day, around 100 teenagers may be found in solitary confinement at New York’s Riker’s Island. Because Rikers is a jail, not a prison, many of the 400 to 800 16 and 17 years housed inside its walls are there are awaiting trial and are only locked up because they can’t afford bail, writes Trey Bundy for the Center for Investigative Reporting.

CIR has put together an excellent and disturbing multimedia report on the use of solitary on teenagers at Rikers and how the practice stresses adolescents mentally and emotionally sometimes to breaking. Here’s a clip:

There’s not much inside “the box.” Cinder block walls rise up and close in. There’s a bunk, a sink, a toilet and a metal door with a small mesh window. Food comes through a slot. Sometimes, mice and roaches scamper through.

Teenagers kept in the box sometimes hallucinate and throw fits. They splash urine around or smear their blood and shit on the walls. The concrete room gets so hot in the summertime that the floor and walls sweat.

Ismael Nazario’s longest stretch in the box lasted four months. He paced a lot, talking to himself and choking back tears and rage. He tried to block out the screaming of the teenage boys in other jail cells in his unit, but he couldn’t. Sometimes, he would stand at the door of his tiny cell and yell.

“You just get angry with hearing people constantly hollering all day,” he says. “There’s so many people that have been in that cell and screamed on that same gate, it smells like a bunch of breath and drool.”

Nazario is one of hundreds of teenagers sent in recent years to solitary confinement at Rikers Island, the massive jail complex in the middle of New York City’s East River. Teenagers at Rikers call solitary confinement the box: 23 hours a day in a 6-by-8-foot cell.

“There came a time when I cried when I was on Rikers Island, in the box, when I was there by myself,” Nazario says. “There’s times, you know, sometimes you need a good cry.”


SAN DIEGO PROSECUTORS ADMIT TO CHEATING: THE “HOLY SHIT” FACTOR

The Atlantic Monthly’s Andrew Cohen writes about a recent instance when prosecutors in San Diego admitted to cheating. This is a distinctly good news/bad news kind of story—since the admission was so appallingly unusual.

Here’s a clip:

The story of a prosecutor doing an honorable thing, a courageous thing, should not be a news story. It should happen every day. But too often prosecutors do not act honorably. Too often they make mistakes and do not admit them. Too often they cheat, at trial or afterward on appeal, in their zealous attempt to secure or to defend a conviction. And too often our nation’s judges are unable or unwilling to identify these instances to bring a measure of justice to the wrongfully convicted.

So the story of Laura Duffy, the prosecutor, and John Maloney, the wrongfully convicted man, is inspirational. Not because Duffy acted professionally throughout this case—she and her colleagues surely did not. Not because prosecutors promptly acknowledged their error and quickly moved to correct it—they didn’t. But because in the end they did do the right thing.

What we have here, then, is the public acknowledgment by a prosecutor that an injustice was done in a pending case. More than that, we have a glimmer of the process by which this reckoning occurred. This is no small thing. One longtime defense attorney, who has evaluated countless trials including many in which prosecutors engaged in the type of official misconduct we see here, emailed back “Holy Shit” when I wrote to him about the results of this case. That gives you a sense of how remarkable United States v. Maloney turned out to be….

Read the rest.


MORE SHERIFF’S ELECTION NEWS: “INDEPENDENT EXPENDITURE COMMITTEE” IS FORMED FOR SHERIFF’S CANDIDATE JIM MCDONNELL

We know that the seven candidates are each engaged in the difficult but necessary task of fundraising for their respective campaigns.

Jim Hellmold had a big fundraiser on Feb 23 at the Pacific Palms Resort.

Paul Tanaka tweeted photos of volunteers working the phone banks at his headquarters, and hit the fundraising trail over the weekend.

Bob Olmsted is having a fundraiser on March 15.

Todd Rogers just had his fundraiser over the weekend.

Jim McDonnell has a high ticket event planned for tonight.

Pat Gomez asks you to call his campaign office to participate in one of his small private fundraisers.

Lou Vince has taken to social media to ask for donations.

AS OF LAST WEEK, HOWEVER, JIM MCDONNELL will get the benefit of a fundraising committee called an “Independent Expenditure Committee.”

As its name suggests, an Independent Expenditure Committee can’t raise money at the request of a campaign or candidate, or coordinate with a campaign committee.

But on its own, it can raise and spend money in behalf of a candidate. The IEC that has joined together for fundraising purposes in McDonnell’s behalf, includes such members as LA City Council persons Mitchell Englander, Herb Wesson, Nury Martinez, Felipe Fuentes, & Tom LaBonge, former LA mayor Richard Riordan, former chairs of both the Republican and Democratic party in California…plus Supervisor Don Knabe and others.

There may also be other IECs fund raising for other candidates. But this is the first one we’ve seen.

As the election heats up, there may be more.


IS NEW YORK A MODEL FOR FIXING CALIFORNIA’S PRISONS?

Steven E. F. Brown of San Francisco Business Times writes about law professor Jonathan Simon’s claim that California’s eyes should be on NY. Here’s a clip:

Law professor Jonathan Simon at the University of California, Berkeley pointed to prison reforms in the Empire State as a model that should be followed here in the Golden State.

Simon, who teaches an undergraduate course on prisons, wrote on UC Berkeley’s official blog that although New York has a long history of “bad penal policy choices,” it also tends to fix those bad choices more quickly than other states, particularly California.

Even as California Gov. Jerry Brown spars with the federal government over court-ordered changes to the state’s prisons, which are badly overcrowded, New York has moved away from automatic sentencing that overfilled its prisons.

Here’s a link to Simon’s whole essay.


Posted in 2014 election, ACLU, LASD, prison, prison policy, Prosecutors | 40 Comments »

Report Says Stop Locking Kids Up for “Status” Offenses….Bratton Named NYPD Commissioner…Why Defendants Accept Plea Bargains….& More

December 6th, 2013 by Celeste Fremon


NEW REPORT SAYS THAT LOCKING KIDS UP FOR “STATUS” OFFENSES DOES NOT HELP, BUT DOES DAMAGE—AND MUST STOP

A new report released this week by the Coalition for Juvenile Justice, calls for an end to detention for kids who have only committed what are known as status offenses. For those unfamiliar with the term, a status offense is conduct that would not be a crime if committed by an adult—things like truancy, running away, violating curfew laws, or possessing alcohol or tobacco.

The report, which also outlines a set of proposed National Standards for the treatment of status offenders, points to research showing that: ‘…. status offense behaviors are often the result of unmet child and family needs, and that pushing these youth into the juvenile justice system worsens individual and community outcomes.”

You can find the full report here. It contains the proposed National Standards, which have already been endorsed by groups such as the national PTA, the Youth Law Center and more.


BILL BRATTON: THE ONCE AND FUTURE NYPD CHIEF

On Thursday, William J. Bratton was named Police Commissioner for New York City—for the second time Bill Bratton was first hired as the NYPD Chief in 1994, when crime was up and the city was a dangerous mess.

In between his last stint in New York and the new one for which he was just appointed by Mayor-elect Bill de Blasio, Bratton has, of course, served as the Chief of the LAPD.

In 2002, Boston-raised Bratton took on the position as LA’s top cop at a time when the department was reeling from the Rampart scandal along with the imposition of a federal consent decree. The morale of the department’s rank and file was in the toilet, and the LA communities that were most likely to need police presence harbored a deep distrust and anger toward the force theoretically charged with keeping them safe.

By the time Bratton left in 2009, while the LAPD still had challenges, it was fundamentally changed, as was the attitude of the communities it served. Where there had once been animus, there was relationship.

It will be interesting to see what Bratton brings to New York, the second time around, when the city has been torn by the effect of the existing regime’s stop-and-frisk policies, a version of which BB helped introduce during his first tenure in the 1990s.

At WLA, we were glad to hear of Bratton’s appointment, and are rooting for him.

The NY Times J. David Goodman has a nice, long article on the selection of Bratton, for those looking for more on the topic.

Also, Jack Leonard, Tina Susman, and Joel Rubin of the LA Times have an interesting story about how Bratton courted some of the LAPD’s harshest critics before he arrived in town in an effort to understand the fear and fury directed at the city’s police by so many of LA’s residents.

Here’s a clip:

Weeks before he was selected to be chief of the Los Angeles Police Department, Bill Bratton was already at work, making the rounds among the city’s black leaders.

One of his calls was to John W. Mack, then president of the Los Angeles Urban League and a man who viewed the LAPD as “an occupation force in our community” prone to “brutality and racism.”

The men met for two hours in Mack’s office. Bratton mostly listened as Mack explained the chasm of distrust and hostility that defined relations between the city’s police and minority communities.

“I told him he had a big mountain to climb because there was a lot of anger and outrage,” Mack said.

Bratton’s seven years leading the LAPD was marked by aggressive, data-driven policing and a significant drop in crime.

But less heralded were his overtures to minority communities and courtship of some of the department’s harshest critics. He took over a department still reeling from racial tensions and the Rampart corruption scandal. When he left, he had succeeded in transforming Mack and other skeptics not just into supporters but partners in his drive to reduce crime.


A NEW REPORT LOOKS AT WHY SO MANY DRUG DEFENDANTS PLEAD GUILTY

Although guaranteed by the Constitution the right to a jury trial, 97 percent of all drug defendants take a plea bargain rather than risk a trial.

In a 126-page report released Thursday by Human Rights Watch, researchers looked at why so many defendants plead guilty, including those who are actually innocent.

Here’s a clip from the press release that accompanied the report:

Federal prosecutors routinely threaten extraordinarily severe prison sentences to coerce drug defendants into waiving their right to trial and pleading guilty, Human Rights Watch said in a report released today. In the rare cases in which defendants insist on going to trial, prosecutors make good on their threats. Federal drug offenders convicted after trial receive sentences on average three times as long as those who accept a plea bargain, according to new statistics developed by Human Rights Watch.

An Offer You Can’t Refuse: How US Federal Prosecutors Force Drug Defendants to Plead Guilty,details how prosecutors throughout the United States extract guilty pleas from federal drug defendants by charging or threatening to charge them with offenses carrying harsh mandatory sentences and by seeking additional mandatory increases to those sentences. Prosecutors offer defendants a much lower sentence in exchange for pleading guilty. Since drug defendants rarely prevail at trial, it is not surprising that 97 percent of them decide to plead guilty.

“Prosecutors give drug defendants a so-called choice – in the most egregious cases, the choice can be to plead guilty to 10 years, or risk life without parole by going to trial,” said Jamie Fellner, senior advisor to the US Program at Human Rights Watch and author of the report. “Prosecutors make offers few drug defendants can refuse. This is coercion pure and simple.”


AN ELOQUENT PLEA FOR A COP KILLER TO STAY BEHIND BARS

On Thursday, the Los Angeles Police Protective League has predictably (and rightly) opposed the parole of Voltaire Williams, one of the conspirators in the 1985 murder of LAPD Detective Thomas Williams in front of his six-year-old son whom the detective was picking up at daycare.

Detective Williams was reportedly targeted because he was a witness in a criminal case against the killers’ confederate. The killers allegedly figured—do away with the witness, do away with the problem.

It is the motive, rather than the victim, that another letter in the matter of Williams parole primarily addresses. The second letter is written by Riverside Police Chief Sergio Diaz who prior to going to Riverside, spent 33 years on the LAPD, his last post as Deputy Chief.

Diaz’ letter is worth your time to read as it explains eloquently why this particular decision about this particular parole is important.

You can find the letter here: Voltaire Williams Parole ltr-12022013094536 (2)

Posted in Bill Bratton, juvenile justice, LA County Jail, LAPD, Prosecutors, Sentencing | No Comments »

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