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Will Barry Bonds 9th Circuit Ruling Affect LASD “Pandora’s Box” Appeals?….(& Further Indictments?)

April 23rd, 2015 by Celeste Fremon



OBSTRUCTION NOT ALWAYS SO OBSTRUCTIVE AFTER ALL

On Wednesday, the 9th Circuit Court of Appeals, ruling en banc, overturned former San Francisco Giant Barry Bonds’ felony conviction for obstruction of justice, also forbidding the feds to retry Bonds on the same count.

Last year, a three-judge panel of the 9th didn’t give Bonds a reversal, so his attorneys petitioned for an en banc rehearing—meaning they wanted the whole court. Bonds and his lawyers got it, and the new ruling—as we learned on Wednesday—went in a very different direction.

The court found, in a 10 to 1 decision, that Bonds’ meandering obfuscation in answer to the one of the prosecutors’ questions did not “materially” get in the way of the government’s investigation into the illegal distribution of steroids. In other words, the baseball star’s dodging of a question he didn’t want to answer wasn’t all that, you know, obstruct-y.

Moreover, Judge Alex Kozinski, who wrote a concurring opinion, seemed to be chiding the prosecutors for stretching the definition of obstruction the point that, the judge suggested, practically anyone in the vicinity of a federal investigation could get charged.

For instance, here’s a clip from Kozinski’s opinion:

Because the [obstruction of justice] statute sweeps so broadly, due process calls for prudential limitations on the government’s power to prosecute under it. Such a limitation already exists in our case law interpreting section 1503: the requirement of materiality. Materiality screens out many of the statute’s troubling applications by limiting convictions to those situations where an act “has a natural tendency to influence, or was capable of influencing, the decision of the decisionmaking body.” Put another way, the government must prove beyond a reasonable doubt that the charged conduct was capable of influencing a decisionmaking person or entity — for example, by causing it to cease its investigation, pursue different avenues of inquiry or reach a different outcome.

And there’s this:

We have no doubt that United States Attorneys and their Assistants would use the power to prosecute for such crimes judiciously, but that is not the point. Making everyone who participates in our justice system a potential criminal defendant for conduct that is nothing more than the ordinary tug and pull of litigation risks chilling zealous advocacy. It also gives prosecutors the immense and unreviewable power to reward friends and punish enemies by prosecuting the latter and giving the former a pass.


SO-O-O-OOO… DOES THE BONDS RULING IN ANY WAY AFFECT THE 7 PANDORA’S BOX OBSTRUCTION OF JUSTICE CASES THAT ARE GOING TO BE HEARD BY THE 9TH CIRCUIT IN THE FALL?

This is the question that we understand is being tossed around by some of the various defense attorneys representing each of the seven former members of the Los Angeles Sheriff’s Department convicted of obstruction of justice around the hiding of federal informant Anthony Brown.

On the surface we would imagine that the actions of the six former LASD folks convicted last summer, and those of former LA County Sheriff’s deputy James Sexton convicted in the fall, are quite different from the on-the-stand phumphering of Barry Bonds. On the other hand, if the 9th is feeling less-than-friendly toward prosecutors’ use of obstruction as a charge in general, suggesting—as Kozinski seems to do in some of the verbiage above—that the feds are overreaching with their use of the statute, will their cranky view extend far enough to cause any of the seven convictions to be similarly overturned?

And if that is any kind of possibility, could it also cause the feds to hold their collective fire on any new indictments that we keep hearing rumored could be coming this spring?

(cough) Tom Carey and Paul Tanaka (cough, cough)

We don’t pretend to know the answers to any of these queries, but we thought you’d like to know that the questions are, in certain quarters, in the air.

Posted in FBI, LA County Jail, LASD, Paul Tanaka, The Feds, U.S. Attorney | 20 Comments »

LA Drug Court Reboot, $100 Million on Homelessness, DOJ to Monitor Calexico’s Police Dept., and the Struggle to Free the Innocent

April 17th, 2015 by Taylor Walker

GIVING LA’S DRUG COURTS NEW LIFE BY OPENING THEM UP TO MORE SERIOUS DRUG OFFENDERS

A new proposal from the L.A. County District Attorney’s Office would expand the scope of the county’s half-empty drug courts to help people accused of more serious drug-related crimes.

Before Proposition 47 reduced many low-level property and drug-related felonies to misdemeanors, drug courts were a place where people charged with certain drug crimes could avoid a felony conviction and time behind bars if they completed a rehabilitation process.

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

KPCC’s Rina Palta has more on the proposal and how it would work. Here’s a clip:

Treatment programs used for drug court participants have dropped from 85 percent full to about 65 percent full, Satriano said.

To turn the trend around, she said, the committee is considering a proposal to repurpose drug courts to service higher risk, higher need offenders who’s crimes are tied to their addictions. Things like theft and being a middle man in a drug deal could qualify, along with any non-violent, non-serious felony.

“We’re looking to broaden the eligibility to get into drug court, but at the same time, realizing that what we would also need to do is intensify the program,” said Mark Delgado, director of the county’s criminal justice coordinating committee.

He said the new program, if adopted, would involve three months of jail time for people accused of more serious crimes – as well as more rigorous drug treatment and testing requirements.


HOW MUCH LA CITY AGENCIES SPEND EACH YEAR INTERACTING WITH THE HOMELESS

Los Angeles spends more than $100 million on homelessness each year, an estimated $54-$87 million of which is spent on police interaction with the homeless, according to a report released Wednesday by City Ad­min­is­trat­ive Of­ficer Miguel A. Santana. And of the money spent on law enforcement contact with the homeless population, arrests cost $46-$80 million.

Santana included sixteen different city agencies and departments in his study. One problem, according to the report, is that the departments rely heavily on the Los Angeles Homeless Services Authority’s 19-person Emergency Response Team which only receives $330,000 from the city and serves the whole county.

The LA Times’ Gale Holland has more on the report. Here’s a clip:

“There appears to be no consistent process across city departments for dealing with the homeless or with homeless encampments,” he said.

The report said it was not possible now “to get a full measure of the costs” of homelessness for the city, or to monitor the effects of changes in homelessness over time in L.A.

[SNIP]

Responses by city departments are not designed to end homelessness by systematically connecting the homeless to assessment, services and housing, the report said.

In many departments, the report said, responses are ad hoc, designed to respond to a very specific challenge rather than working toward ending homelessness as a whole.

Santana recommended that the city increase funding for homeless outreach and case management, create a new homeless office and set up neighborhood hubs to support existing efforts to house and care for homeless people.


DOJ TO MONITOR AND MAKEOVER CALEXICO’S POLICE DEPARTMENT

The US Department of Justice announced this week that it will train and monitor Calexico, CA’s troubled police department. Last fall, the FBI launched an investigation into alleged officer misconduct. In October, the city fired its police chief and replaced him with former LAPD Assistant Chief Michael Bostic. The new chief said he quickly found that the investigations unit was not conducting any investigations, officers were not bothering to obtain search warrants, the department was spying on the City Council, and that department members were using assets seized from citizens to buy things like spy glasses.

Chief Bostic has asked the DOJ to step in and help him turn the Calexico Police Department around. The DOJ, via its Office of Community Oriented Policing Services, will provide extensive training and will help build a community policing unit over the next three years.

KPBS’ Jean Guerrero has the story. Here’s a clip:

Bostic has fired six police officers since his arrival in Calexico last fall. He was appointed police chief as the FBI started its investigation.

Previously, Bostic was assistant police chief at the Los Angeles Police Department, where he led internal cleanups after police scandals such as the Rodney King beating. During his time there, the Department of Justice and US Attorney’s Office monitored the LAPD for seven years in response to a court order.

“In my mind it was a very beneficial process,” Bostic said. “So when I got to Calexico… I on my own called the DOJ and asked them to come in and assist me in rebuilding the police department.”

The Department of Justice will help the Calexico Police Department through its Office of Community Oriented Policing Services, bringing in a group of police chief consultants from major U.S. cities to share their expertise.

The training will be focused on the proper handling of evidence, booking procedures and improving community outreach.

In January, NPR’s All Things Considered host Arun Rath talked with reporter Jill Replogle, who had been covering the FBI investigation, about the corruption allegations and about the city’s outspoken and proactive new chief, Michael Bostic. (He was so vocal, in fact, that the police union decided to sue him.)

JILL REPLOGLE: The new police chief, who started in October, says that when he got there, there was no real police work going on. He says the investigations unit didn’t have any investigations going on. He found internal investigations scattered all over the place – a safe, in desk drawers, in somebody’s car. He found that the department had used a lot of money from seized assets to buy spy equipment like spy glasses and, you know, lapel cameras, things like that. And then when they’re looking through the footage, they find that they’re spying on City Council members. They also found that they had bought a bunch of equipment to break into buildings and cars, but they have no search warrants for those searches.

RATH: Now, that new police chief, Michael Bostic, who took over in October after his predecessor was fired - some of the most damning public allegations have actually come from him. Here he is.

(SOUNDBITE OF ARCHIVED RECORDING)

MICHAEL BOSTIC: They’re recording City Council members, and they’re using it for extortion. I can say that. That’s just true. That’s what they were doing.

RATH: Jill, it was an amazing moment. The police chief actually broke down and cried at one point he was so disturbed by the corruption allegations. And this guy’s a 34-year veteran of the LAPD.


WHY EVIDENCE OF A WRONGFUL CONVICTION DOES NOT ALWAYS MEAN EXONERATION AND FREEDOM

The Marshall Project’s Andrew Cohen has a great longread about Davontae Sanford, a young man convicted of killing four people when he was fourteen. Despite an abundance of evidence pointing to Sanford’s innocence, including an air-tight confession by a hit-man, Sanford’s efforts toward exoneration have been blocked at nearly every turn, and he remains behind bars (and will likely stay there for years more). Cohen explores why exonerations are so hard-won. Here’s how it opens:

We know more every day about the ways wrongful convictions happen. An indigent defendant gets an incompetent attorney. Or prosecutors hide exculpatory information from the defense. Perhaps there is a false confession, coerced by sly detectives, or undue reliance on faulty eyewitness testimony or junk forensic science. Maybe a key witness turns out to be an unreliable informant, or the jury or judge is racially biased. Often, it is some combination of these factors that puts an innocent person behind bars, sometimes for life.

What gets far less notice, however, is how wrongful convictions stay that way, even after evidence of injustice appears to bubble to the surface. This is why the already well-chronicled saga of Davontae Sanford, a 14-year-old boy convicted of a 2007 quadruple murder in Michigan, is worth following closely again as it enters its latest and most bizarre phase.

Later today, Sanford’s lawyers will ask a Michigan judge to grant their client a new trial based on evidence and arguments that state judges and county prosecutors have never before addressed. The defense team essentially will be asking Michigan’s criminal justice system to finally make a choice between two confessions to the same crime; one by a boy whose story was contradicted by independent evidence, the other by a professional killer who accurately told the police where to find the murder weapon.

Posted in Department of Justice, District Attorney, FBI, Homelessness, Innocence, Rehabilitation, The Feds | 5 Comments »

Feds Investigate Rampant Drugging of Poor Children with Antipsychotics

April 1st, 2015 by Taylor Walker

ALARMING NEW FEDERAL REPORT ON DOCS OVER-PRESCRIBING POWERFUL ANTIPSYCHOTIC DRUGS TO CHILDREN ON MEDICAID

A new report from the US Department of Health and Human Services’ Office of Inspector General shines some light on the excessive use of antipsychotic drugs to treat poor children (many of them in foster care) on Medicaid.

Researchers requested records from 2011 on 687 claims in five states: California, Florida, Illinois, New York, and Texas. They received information on 485 of the requests (many of the other records were incomplete or nonexistent). These particular states were chosen because they comprised 39% of all Medicaid payments for antipsychotics.

These “second-generation antipsychotics” (SGAs) are often used to treat schizophrenia, bipolar disorder, and autism-related irritability. Because minimal clinical research has been completed on how the SGAs affect kids, and there are very specific age-ranges approved for use of the antipsychotics, many doctors prescribe these medications for conditions that are not considered medically accepted.

Thus, kids often receive the wrong treatment, are given a dangerous cocktail of psychotropic drugs, and experience severe side-effects (like suicidal thoughts, paranoia, and hallucinations) and other potentially problematic effects like weight gain, none of which are properly monitored.

In 67% of the claims, the researchers found what they call quality-of-care concerns. Just under half of claims showed two or more of these particular concerns.

A whopping 53% of cases were poorly monitored. Kids vital signs and blood pressure were not regularly tracked, they were not checked for involuntary movements, height and weight were not monitored, and doctors did not run lab work to check for liver and blood issues.

In 41% of kids’ records, there was either no explanation as to why the antipsychotics were prescribed, or they were prescribed for an inappropriate reason. In over one-third of cases, these drugs were prescribed to treat conditions listed on the medication’s FDA boxed warning. (An example of this would be prescribing an antipsychotic medication to a child with major depressive disorder, despite an FDA warning label that says the drug may cause suicidal thoughts in children with major depressive disorders).

Other distressing patterns included prescribing kids too many drugs at once (37%), keeping kids on the antipsychotics for too long (34%), giving the wrong dose (23%), prescribing to kids too young (17%), and negative side-effects (7%).

In one particular case, a child diagnosed with bipolar disorder was prescribed six psychotropic drugs at once. Three were antipsychotics. A vague mention of hallucinations was the only explanation for the heavy drugging. The 16-year-old suffered through insomnia, “paranoia, hostility, unstable mood, hallucinations, and suicidal thoughts” as well as significant weight gain, and swelling of the hands and feet. When the teen was taken off these drugs, the originally reported hallucinations vanished.

Only in 8% of the cases were kids’ prescribed these drugs for any of the medically accepted reasons. And of the five states, only New York restricted Medicaid coverage for these drugs outside of medically accepted reasons (unfortunately, 3,366 prescriptions were covered in violation of New York’s policy).

According to the report’s lead investigator, Michala Walker, antipsychotics “should only be used for a medically appropriate reason and, when they’re used, they must be very carefully managed to ensure safety and quality care.”

The report urges the Centers for Medicare and Medicaid Services (CMS) to partner with state medicaid programs to review how antipsychotics are prescribed to children, and to conduct regular reviews of the medical records of medicaid-covered kids prescribed the drugs, and to work with states to come up with ways to boost oversight. CMS has agreed with these three recommendations.

Karen de Sa, who has been doing some powerful investigative reporting on how and why California’s foster kids are so heavily medicated, also reported on this new data.

Posted in children and adolescents, Foster Care, health care, mental health, The Feds | 1 Comment »

Mandatory Minimums, Prop 47, Anti-homelessness Rules, and Sex Offenders Killed in CA Prisons

February 18th, 2015 by Taylor Walker

US ATTORNEY GENERAL ANNOUNCES FEWER MANDATORY MINIMUMS SOUGHT FOR DRUG CRIMES

In August 2013, US Attorney General instructed federal prosecutors to stop seeking mandatory minimum sentences for low-level, non-violent drug offenders, as part of a new “Smart on Crime” initiative. On Tuesday, he reported on the results of his push for fewer outsized sentences for these non-violent drug crimes.

According to Holder, in the year after Holder announced the new initiative, there were almost 1,400 fewer federal drug trafficking cases, a decrease of 6% over the previous year. And prosecutors sought mandatory minimum sentences in half of low-level drug cases, down from two-thirds of such cases.

Here’s a clip from the announcement on the Attorney General’s website:

The figures announced Tuesday were compiled by the U.S. Sentencing Commission at the request of the Justice Department to measure the impact of several reforms implemented in 2013 through Attorney General Holder’s “Smart on Crime” initiative. Those reforms—aimed at restoring fairness to the criminal justice system and at confronting the problem of America’s overcrowded prison system—instructed federal prosecutors to exercise greater discretion in selecting drug cases to bring to federal court. The data suggests prosecutors heeded that call, as the overall number of federal drug trafficking cases dropped by six percent in FY2014.

While the sheer number of drug cases went down, the data also showed that federal prosecutors have prioritized more serious cases. Holder pointed to a rise in the average guideline minimum sentence, from 96 months in FY2013 to 98 months this past year. That suggests the severity of offenses prosecuted in FY2014 was slightly higher.

Most important of all, Holder said, was the trend observed with respect to mandatory minimums. After several years in a row that saw federal prosecutors pursue such mandatory sentences in roughly two-thirds of drug cases, last year’s rate dropped to one-in-two. The Attorney General said this showed that the department was succeeding in reserving these strict sentences for the worst types of offenders rather than imposing indiscriminately.

“This figure, perhaps more than any other, shows the significant impact that our policy reforms are having,” said Attorney General Holder. “These are extremely encouraging results.”

Advocates say these steps forward are great, but much more can be done. There are still tons of federal prisoners serving preposterously long sentences for drug offenses. Weldon Angelos, for instance, is serving a 55 year sentence for selling weed while carrying a firearm. (Weldon is the face of the Koch brothers’ criminal justice reform campaign. We pointed to the campaign, and Weldon, here.)

In a dramatic contrast to Weldon’s case, back in California, Governor Brown is reviewing a controversial parole board decision to release a former Mexican Mafia leader (turned informant) serving a life sentence for two murders.


THE RUSH TO HELP PROP 47-ERS IN CALIFORNIA COUNTIES

Jill Jenkins is a paralegal at the Alameda County Defender’s Office. She works in an office that has worked its way through nearly everyone seeking to reduce their convictions through Proposition 47, which lowered certain low-level felonies to misdemeanors. But Jenkin’s connection to the important new law runs deeper than her job. Jenkins herself, is a former felon who had her conviction commuted to a misdemeanor by Prop. 47, and her criminal record expunged.

But not all Prop 47-ers will share Jenkins’ good fortune. It is critical that those still serving time for their felony convictions have a place to live, and are connected with other resources to help them reenter their communities, upon their release.

Not all counties have been able to move as quickly as Alameda, either, and are struggling under the towering workload and the law’s three-year deadline.

The San Jose Mercury’s Malaika Fraley has more on the issue. Here’s a clip:

The difficulties that people with felony convictions face are profound, said Lenore Anderson, executive director of Californians for Safety and Justice and co-author of Proposition 47. They have a difficult time getting jobs, promotions, federal student loans, certain housing and public assistance, teaching credentials, and more.

Because the maximum punishments for misdemeanors are much lower than for felonies, many offenders were released from jail or prison once their offenses were reclassified under the new law.

Counties like Los Angeles and Orange still have a long way to go to reduce convictions for all of their Proposition 47-eligible offenders who are currently incarcerated, Anderson said. But defense attorneys in the Bay Area hit the ground running the week it became law and are largely done addressing that population.

[SNIP]

In an Oakland courtroom last fall, inmates were doing arm pumps and flashing big smiles at the news that they were being released. Social workers rushed to their side to hand out referrals for community-based organizations offering emergency shelter, mental health services, rehab programs and job training to help with the transition.

“They were thrilled because a lot of people didn’t even know why they were coming in to court,” said Sascha Atkins-Loria, one of a team of social workers deployed by Alameda County public defender Brendon Woods to help Proposition 47 clients.

“Eighty percent seemed overjoyed because they didn’t know they were getting out,” Atkins-Loria said. “Another 20 percent seemed like they didn’t know where they were going to stay tonight.”

Legislative analysts say that lowering the prison population through Prop 47, and thus eliminating some of the costly use of out-of-state private prisons, could save California $20 million. The analysts said, however, that their estimate may be off without the usual four-year prison population estimates from Governor Jerry Brown. The governor, in turn, says that it will be difficult to predict prison population numbers without knowing the long-term Prop 47 effects.

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

Coupled with a $36-million project to expand three existing prisons, the analysts say California could potentially reduce its use of private overflow prisons and save $20 million “under almost any scenario.”

However, the report notes, the assumption is uncertain and lawmakers should demand a more detailed accounting from Brown’s administration. Without long-term projections, the report states, “it is impossible for the Legislature to make an informed decision” on prison spending.

Another important question, aside from how much money Prop 47 will save, is how those extra dollars will be used.

State money saved by Prop 47 will be be split three ways. Sixty-five percent will go to mental health and drug rehab programs for criminal justice system-involved people, 25% will fund efforts to reduce truancy and help at-risk students, and 10% will be spent on establishing trauma recovery centers for crime victims.

But Prop 47 does not tell counties what to do with the money they save (the Center on Juvenile and Criminal Justice estimated LA could save $100 million to $175 million per year).

Here’s what Californians for Safety and Justice (the group behind Prop 47) has to say about the Prop 47 money and where it will be invested:

When is the money available?

State savings will be available in 2016, whereas county savings are already being realized.

The state savings from Prop. 47 come from fewer people being sent to state prison. To determine those amounts, the state will calculate how many fewer people are sent to state prison each year because of the felonies reduced by Prop. 47…

Who decides where the state savings go?

Savings from reduced incarceration within state prisons will be distributed by a grant process run by three different state agencies:

The Board of State of Community Corrections will evaluate grant proposals and distribute 65% of the funds for mental health and drug treatment; the Department of Education will distribute 25% for programs in K-12 schools focused on at-risk students; and the California Victim Compensation Program will distribute 10% for trauma recovery services for crime victims.

Savings achieved from reduced incarceration within county jails are not distributed by Prop. 47 but rather by local government bodies. Local advocates may advocate for those savings to be reallocated to crime-prevention strategies and programs that best serve the needs of that particular community.

Can the money go to law enforcement or jails?

The savings from Prop. 47 are intended to go to programs that prevent crime, reduce recidivism and aid crime victims. Any public agency may apply.

The law is focused on investing savings in prevention approaches that reduce the cycle of crime for people (especially those with drug or mental health problems) at risk of committing misdemeanors addressed in Prop. 47.


REVERSING HARMFUL ANTI-HOMELESS RULES IN CALIFORNIA

Fifty-eight cities in California have together authorized hundreds of ordinances that target homeless people, criminalizing things like sitting, sleeping, standing, and food-sharing, according to a report expected to be released this week by the Policy Advocacy Clinic at UC Berkeley. The report predicts another 100 city rules against homelessness within the next ten years. In 2013, more than 7,000 homeless Californians were arrested for vagrancy-related offenses.

In an op-ed for the LA Times, the Western Regional Advocacy Project’s Paul Boden, and UC Berkeley Policy Advocacy Clinic director, Jeffrey Selbin, point to a “crucial” Right to Rest bill (part of a three-bill package called the Homeless Bill of Rights) being pushed by advocates that would begin to undo some of the anti-homeless rules plaguing California cities. Here’s how it opens:

Anti-Okie laws. Sundown towns. Ugly laws.

These old vagrancy laws recall shameful periods in our history when communities selectively persecuted and punished migrants, people of color and the physically disabled. The U.S. Supreme Court struck down California’s anti-Okie law, which made it a crime to bring anyone indigent into the state, in 1941. In a 1972 case from Jacksonville, Fla., the Supreme Court invalidated a local vagrancy ordinance because it encouraged arbitrary arrests, criminalized innocent activities and placed unfettered discretion in the hands of the police.

But those rulings weren’t the end of vagrancy laws. In their latest iteration, they target homeless people. After homelessness began skyrocketing in the 1980s, cities responded with laws that criminalize basic life activities conducted in public like standing, sitting, resting or sleeping, and even sharing food with homeless people. As the crisis worsened in California — 22% of America’s homeless population now lives in the state — cities have piled on more and more vagrancy laws…

Although arrests are only the tip of the enforcement iceberg, more than 7,000 Californians were picked up for vagrancy in 2013 according to police agency reports to the FBI. Vagrancy arrests increased 77% in California from 2000 to 2012, while arrests for “drunkenness” and “disorderly conduct” declined by 16% and 48% respectively. In other words, vagrancy laws increasingly are being used to punish people’s status — being homeless — rather than their behavior.


HIGH RATE OF SEX OFFENDER DEATHS IN CALIFORNIA PRISONS

An investigation by the AP’s Don Thompson revealed that since 2007, male sex offenders comprised 30% of inmate deaths in California prisons, while only making up 15% of the total prison population. Thompson’s investigation also found the mortality rate of California inmates to be twice as high as the national average.

According to jails expert James Austin, president of the JFA Institute, those numbers will not go down until the state lowers its prison population much further than the 137.5% of capacity mandated by a panel of three federal judges.

Here’s a clip from Thompson’s story:

The deaths — 23 out of 78 — come despite the state’s creation more than a decade ago of special housing units designed to protect the most vulnerable inmates, including sex offenders, often marked men behind bars because of the nature of their crimes.

In some cases, they have been killed among the general prison population and, in others, within the special units by violence-prone cellmates. Officials acknowledge that those units, which also house inmates trying to quit gangs, have spawned their own gangs.

Corrections officials have blamed a rise in the prison homicide rate on an overhaul meant to reduce crowding. As part of the effort, the state in 2011 began keeping lower-level offenders in county lockups, leaving prisons with a higher percentage of sex offenders and violent gang members.

Violence and homicides won’t decline unless the state goes well below the prison population level set by the courts — 137.5 percent of the system’s designed capacity, said James Austin, president of the JFA Institute, a Washington, D.C., consulting firm that works on prison issues.

“Until the state gets its prison population below 100 percent of capacity, you’re going to have this,” he said.

Overall, 162 California prisoners were killed from 2001 to 2012, or 8 per 100,000 prisoners — double the national average over the same time period and far higher than that of other large states, including Texas, New York and Illinois, according to federal statistics.

Posted in Department of Justice, Edmund G. Brown, Jr. (Jerry), Reentry, Sentencing, The Feds | No Comments »

4 LA County Sheriff’s Deputies Suspect of Theft and Bribe Taking…CA Poor Often Given Cut Rate Legal Defense, Report Finds….Will There Be Fed Indictments for former LASD Top Brass?…& LA Press Club Award to Charlie Hebdo

January 13th, 2015 by Celeste Fremon



FOUR LA SHERIFF’S DEPARTMENT MEMBERS INVESTIGATED FOR THEFT AND BRIBERY ALLEGATIONS

Four members of the Los Angeles County Sheriff’s Department have been relieved of duty without pay pending the outcome of a criminal investigation into reports that the four engaged in a scheme of thefts and bribes regarding towed vehicles or vehicles about to be towed.

According to a statement released by the LASD on Monday morning, the department became aware in December 2014 of evidence that three deputy sheriffs and a parking control officer were implicated in individual incidents of theft from towed vehicles or accepting cash from vehicle owners to avoid towing and impounding of their vehicles. All four of the department members relieved of duty worked out of Century Station located in Lynwood.

As of now, department investigators do not believe that any additional personnel were involved in the alleged theft and bribery.

“As a law enforcement organization, it is imperative that we earn the public’s trust each day,” Sheriff Jim McDonnell said in an email that went to all department members. “Acts such as those described above tarnish the badge all of us wear and erode the confidence the public has in law enforcement.

“We will respond swiftly and resolutely whenever acts of this nature come to our attention,” McDonnell continued. “We must demonstrate to the public and to our own Department family that conduct which violates the public trust will not be tolerated. In doing so we also reaffirm that the vast majority of our personnel perform their duties in an exemplary manner.”

The department is pointing to the announcement of the investigation as evidence of a new policy of transparency.

Those department members—working and retired—we spoke with about the matter on Monday said they appreciated the strategy.

“It sets a good tone,” said one retired LASD lieutenant. “It says the department is no longer going to tolerate this kind of nonsense.”

(Los Angeles County Sheriff’s Department badge and patch photo above by Jaime Lopez, LASD)


ARE SOME OF CALIFORNIA’S POOREST CRIMINAL DEFENDANTS GETTING A CUT RATE DEFENSE?

In the 1963 landmark SCOTUS decision of Gideon v. Wainwright, the U.S. Supreme Court ruled that the assistance of counsel for a defendant who could not afford to hire a lawyer was a fundamental right under the United States Constitution. The court’s ruling specified that such legal assistance applied to the preparation for trial as well as the trial itself.

According to a new report by the California Commission on the Fair Administration of Justice, more and more of the state’s counties are cutting funds formerly allocated to provide lawyers for those in need of counsel—and many defendants are getting inadequate “cut-rate” representation as a consequence.

Karen de Sá of the San Jose Mercury News has more on the story. Here are some clips:

Counties are increasingly hiring legal firms that offer cut-rate representation by failing to spend money on investigators or experts that are needed for adequate defense, said the report issued by the California Commission on the Fair Administration of Justice, created to examine ways to guard against wrongful convictions.

“This is like a cancer within the system of providing indigent defense, and it’s spreading,” said Gerald Uelmen, executive director of the so-called Fair Commission, calling the spread of low-bid, flat-fee private firms “a race to the bottom.”

Traditional public defenders in the pay of the various California counties are generally okay, said the report.

But lawyers who are paid a flat fee for representation, the report said, may be tempted to cut corners on pretrial preparation and avoid going to trial to save time and money.

As a solution, commissioners recommend that the state Legislature establish a body to oversee the way counties provide representation to criminal defendants, and also recommend a law to ensure that funding for experts and investigators is separate from the fee paid to the lawyers in publicly funded cases.

The Fair Administration of Justice Commission report cited research by California Western School of Law Professor Larry Benner, who found that inadequate investigation is a recurring problem in cases in which convictions were overturned because of poor representation….

The new California-based report reflects other dismal reports outlining a national crisis in indigent defense that prevents a growing number of Americans from getting adequate legal representation when they most urgently need it.


ARE FEDERAL PROSECUTORS GUNNING FOR BACA AND TANAKA WITH NEW GRAND JURY SUBPOENAS?

For the last month or so we’d been hearing that various current or former members of the Los Angeles Sheriff’s Department had received subpoenas to appear in front of a federal grand jury, as part of an ongoing investigation into the events that resulted in the conviction of seven LASD members for obstruction of justice last year.

Moreover, several of those who were asked to appear were among the seven former department members who have already been convicted. Since all seven contended that the actions that led to their convictions were the result of orders that originated at the LASD’s highest echelon—namely from Baca and Tanaka—there has been much speculation that federal prosecutors are now hoping to indict some of those very former department higher ups.

Over the weekend, the LA Times’ Cindy Chang reported on the matter of the new grandjury subpoenas.

She wrote:

The questioning has focused partly on meetings where then-Sheriff Lee Baca and his No. 2, Paul Tanaka, discussed how to deal with the discovery of a cellphone provided to a county jail inmate by the FBI. In addition to the convicted officials, some current Sheriff’s Department officials have also received grand jury subpoenas.

Many in the Sheriff’s Department believe that low-ranking officials took the fall for following orders from Tanaka and Baca. Now, with the convening of the grand jury, it appears that prosecutors are attempting to target more sheriff’s officials after convicting seven last year for obstructing justice.

Of the seven, Gregory Thompson, a former lieutenant, and two ex-deputies, Gerard Smith and Mickey Manzo, are known to have testified before the grand jury in December, according to a source.

Brian Moriguchi, president of the L.A. County Professional Peace Officers Assn. (PPOA), the union that represents sheriff’s department supervisors, said that he knows of at least one more grand jury subpoena related to the obstruction of justice issue. But, he said, he has heard credible reports of still more such subpoenas.

So will there be new indictments?

When LASD Captain Tom Carey testified at the trials of the seven last year, he admitted that he was the subject of an ongoing federal criminal investigation. And, as WLA has previously reported, Carey was relieved of duty in December pending the result of an internal departmental investigation.

Tanaka also admitted last year to knowing he was the subject of a federal criminal probe.

Yet, despite much pestering on the part of reporters, WLA included, federal prosecutors and a spokesman for the U.S. Attorney’s office have repeatedly declined to comment on the possibility—or lack thereof—of more indictments, and will say only that the investigation is ongoing.

Still, the new grand jury hearings have fueled new rounds of speculation.

“Of course, many of us hope the government is going to reach higher than those who have already been convicted,” Moriguchi said. “But in the end all we can do is speculate. It’s hopeful speculation, but it’s speculation, nonetheless.”

NOTE: Chang’s story has more that you’ll likely find interesting, so be sure to read the whole thing.


LA PRESS CLUB 2015 AWARD FOR COURAGE & INTEGRITY IN JOURNALISM TO GO TO CHARLIE HEBDO

The Los Angeles Press Club announced on Monday that its 2015 Daniel Pearl Award for Courage and Integrity in Journalism will go to Charlie Hebdo.

“We are deeply honored. Of course, we’ll accept, said Gerard Biard, Editor-in-Chief of Charlie Hebdo.

“No act of terrorism can stop freedom of speech. Giving the Daniel Pearl Award to Charlie Hebdo is a strong message to that effect,” said LA Press Club President Robert Kovacik of NBC LA.

Since 2002, the Los Angeles Press Club in conjunction with Judea and Ruth Pearl, the parents of Wall Street Journal journalist Daniel Pearl—who was kidnapped in 2002 by Pakistani militants and later murdered by Al-Qaeda’s Khalid Sheikh Mohammed—have handed out the award to those who have displayed unusual courage in reporting.

Past recipients have included Richard Engel, the NBC correspondent who covered multiple mid east wars on the front lines, before being abducted in Syria in 2012, and Anna Politkovskaya, the Russian journalist/author who became famous for her reporting on the conflict in Chechnya, who was murdered in 2006 in the elevator outside her apartment in what was widely viewed as an ordered assassination to prevent her latest deeply reported story from being published.

The 2015 award will be presented by Judea and Ruth Pearl at a gala awards dinner held at the Biltmore hotel in Los Angeles on Sunday, June 28th.

In the meantime, Charlie Hebdo’s first cover since the murderous attack on its Paris offices that killed 12 people, will feature a tearful prophet Mohammed holding a sign that reads “Je suis Charlie.” The magazine’s headline says “All is forgiven.”

The magazine, which will go on sale on Wednesday, will reportedly print as many as record 3 million copies in 16 languages, instead of its usual 60,000.

The cover cartoon, which you can see below, was drawn by the weekly’s cartoonist Luz, who survived the massacre because he was late arriving at the office.

(Click on the Charlie Hebdo cover image to enlarge it.)

Posted in art and culture, FBI, Free Speech, Freedom of Information, Future of Journalism, Jim McDonnell, LA County Jail, LASD, media, Paul Tanaka, Sheriff Lee Baca, The Feds | 19 Comments »

LAPD Discipline Survey, the Marshall Project Launch: Missed Habeas Corpus Deadlines, and CA Ordered to Start Paroling Second-Strikers,

November 17th, 2014 by Taylor Walker

LAPD SURVEY SHOWS OFFICERS FEEL THEY ARE UNFAIRLY, INCONSISTENTLY DISCIPLINED

An LA Police Department discipline survey of 500 officers and civilian workers in response to former LAPD officer Christopher Dorner’s rampage over his alleged biased termination from the department. While the department found the firing of Dorner justified upon review, it opened up a discussion among other officers who felt they had experienced discriminatory or otherwise unfair discipline.

The survey indicated that officers and other employees commonly feel the LAPD discriminates based on gender, ethnicity, and rank. But the results were mixed, in some cases. For instance, some survey-takers said they believed minorities were treated unfairly in the disciplinary process, while others said they believed minorities received better treatment from the disciplinary process because the department feared potential lawsuits. Similar contradictory opinions were given regarding female officers.

A considerable number of officers felt the department takes too many complaints made against officers, particularly ones that are “obviously false.” According to the survey, a yearly average of 28% of LAPD employees have at least one complaint filed against them.

The survey recommends updating and distributing complaint, discipline, and penalty guides, as well as regularly gathering and analyzing department data on these issues.

KPCC’s Erika Aguilar has more on the report. Here’s a clip:

The survey was done shortly after former LAPD officer Christopher Dorner was killed in February. The disgruntled ex-officer murdered four people and prompted a massive manhunt before fatally shooting himself during a standoff in the San Bernardino Mountains.

Though officers expressed disgust with Dorner’s actions, some said his grievances about disciplinary bias within the police department sounded legitimate. After a review of Dorner’s disciplinary hearing, the department declared his firing was justified.

The LAPD asked focus groups of employees to give anonymous feedback using a computer system. A group of academics and human relations consultants analyzed the feedback to look for trends.

Below is a sampling of some of the comments published in the survey report.

“Females are held to a lesser standard due to fear of lawsuits or claims of bias.”

“Race is a factor in the discipline system.”

“The media and public pressure have a direct impact on how discipline investigations are handled.”

“Discipline is not imposed when it involves managers and supervisors.”

L.A. Police Chief Charlie Beck has been criticized for inconsistent discipline for several years now. It surged in the last year or so when a few LAPD captains filed lawsuits alleging unfair discipline and retaliation, saying Beck did not follow top brass recommendations for disciplining other officers. It has been one of the complaints of the L.A. police union that represents the rank-and-file.

The LA Times’ Joel Rubin and Jack Leonard also reported on the survey. Here’s a small clip:

The report…contained data that raised doubts about some of those perceptions of bias. Statistics compiled by the LAPD show that the ethnic, gender and rank breakdown of officers sent to disciplinary panels for suspensions or termination roughly matches the demographics of the LAPD as a whole. White officers, for example, make up 36% of the department and 35% of officers sent to a Board of Rights disciplinary hearing for a lengthy suspension or termination. Black officers account for 12% of officers and 14% of those sent to such hearings.

LAPD Chief Charlie Beck ordered the report more than 20 months ago after Dorner, an ex-LAPD officer, went on a shooting rampage across Southern California, killing police officers as well as the daughter of an LAPD captain and her boyfriend. In a rambling online document, Dorner claimed that he was seeking retribution after being unfairly fired and was the victim of racial discrimination within the department.

The civilian Police Commission is expected to review the report at a meeting next week.


NON-PROFIT PUBLICATION, THE MARSHALL PROJECT, LAUNCHES WITH TWO-PART SERIES ABOUT DEATH ROW ATTORNEYS MISSING LAST-CHANCE APPEAL DEADLINES

Ken Armstrong, of the new non-profit news organization launched over the weekend, the Marshall Project, has an excellent two-part series in the Sunday Washington Post about what happens when lawyers miss the final deadline for their death row clients’ last-chance appeal.

The first story tells of the 80 death penalty cases in which lawyers miss the final appeal deadline, by an average of nearly two and a half years (but in several cases by a single day). Of these 80 death row inmates thus denied habeas corpus, 16 have been executed. The reasons attorneys miss the cut off run the gamut from failing to overnight documents, to misunderstanding the complicated habeas law, to neglect. Here are some clips:

An investigation by The Marshall Project shows that since President Bill Clinton signed the one-year statute of limitations into law — enacting a tough-on-crime provision that emerged in the Republicans’ Contract with America — the deadline has been missed at least 80 times in capital cases. Sixteen of those inmates have since been executed — the most recent was on Thursday, when Chadwick Banks was put to death in Florida.​

By missing the filing deadline, those inmates have usually lost access to habeas corpus, arguably the most critical safeguard in the United States’ system of capital punishment. “The Great Writ,” as it is often called (in Latin it means “you have the body”), habeas corpus allows prisoners to argue in federal court that the conviction or sentence they received in a state court violates federal law.

For example, of the 12 condemned prisoners who have left death row in Texas after being exonerated since 1987, five of them were spared in federal habeas corpus proceedings. In California, 49 of the 81 inmates who had completed their federal habeas appeals by earlier this year have had their death sentences vacated.

The prisoners who missed their habeas deadlines have sometimes forfeited powerful claims. Some of them challenged the evidence of their guilt, and others the fairness of their sentences. One Mississippi inmate was found guilty partly on the basis of a forensic hair analysis that the FBI now admits was flawed. A prisoner in Florida was convicted with a type of ballistics evidence that has long since been discredited.

[SNIP]

Some of the lawyers’ mistakes can be traced to their misunderstandings of federal habeas law and the notoriously complex procedures that have grown up around it. Just as often, though, the errors have exposed the lack of care and resources that have long plagued the patchwork system by which indigent death-row prisoners are provided with legal help.

The right of condemned inmates to habeas review “should not depend upon whether their court-appointed counsel is competent enough to comply with [the] statute of limitations,” one federal appeals judge, Beverly B. Martin, wrote in an opinion earlier this year. She added that allowing some inmates into the court system while turning others away because of how their lawyers missed filing deadlines was making the federal appeals process “simply arbitrary,” she added.

In the second story, Armstrong explains how only the death penalty inmates suffer the consequences of these lawyers’ missed deadlines. Here’s a clip:

Among the dozens of attorneys who have borne some responsibility for those mistakes, only one has been sanctioned for missing the deadline by a professional disciplinary body, the investigation found. And that attorney was given a simple censure, one of the profession’s lowest forms of punishment.

The lack of oversight or accountability has left many of the lawyers who missed the habeas deadlines free to seek appointment by the federal courts to new death-penalty appeals….

In 17 of the country’s 94 federal judicial districts, special teams of government-funded lawyers and investigators monitor the capital cases coming out of their state courts to make sure deadlines are recognized and met. In some other districts, the federal defender’s office helps to evaluate the private attorneys who might be appointed to handle those appeals.

But for lawyers outside the government, the work is difficult and often unpopular, with limited funds available for investigators and experts. And in most districts, where judges screen candidates themselves or with the help of review committees, the quality of legal counsel varies widely.

Federal judges sometimes appoint lawyers “who are not good enough to handle these cases,” says habeas expert Randy A. Hertz, a professor at the New York University School of Law.

However well-meaning, such lawyers may be inexperienced or overmatched. Some may know the judges who make the appointments, but not the voluminous and complex law surrounding habeas corpus. Others have been found to have mental-health problems, substance-abuse issues or other complications that were missed in their screening.

In about one-third of the 80 cases where habeas deadlines were missed, the federal courts eventually allowed prisoners to go forward with their appeals, often because their attorneys’ failures went beyond what the courts would categorize as mere negligence.

Yet even when attorneys have been chastised in federal court rulings for work described as “inexcusable” or “deeply unprofessional,” they have managed to evade any discipline from bar associations or other agencies. One lawyer castigated by the U.S. Supreme Court for “serious instances of attorney misconduct” still has an unblemished disciplinary record.

A prominent death-penalty defense lawyer, Gretchen Engel of the Center for Death Penalty Litigation in North Carolina, offered a simple reason for the discrepancy between the magnitude of some lawyers’ mistakes and the paltry consequences they face: “The people who were hurt by it are prisoners.”

The Huffington Post’s Michael Calderone speaks with Marshall Project founder Neil Barksy and editor Bill Keller (formerly NY Times editor-in-chief) about the Marshall Project, its mission, and what we can expect from the new publication. Here are some clips:

Neil Barsky has taken on varied roles over the years, from Wall Street Journal reporter to Wall Street analyst, hedge fund manager to documentary filmmaker. Now he has returned to the newsroom as founder and chairman of The Marshall Project, a nonprofit news organization covering criminal justice and edited by New York Times veteran Bill Keller.

Barsky’s interest in criminal justice and the inequities of the U.S. system was ignited in recent years by two books: The New Jim Crow, which tackles mass incarceration and the over-representation of African-Americans in prison, and Devil in the Grove, which focuses on a 1949 rape case fought by Thurgood Marshall, then head of the NAACP Legal Defense and Educational Fund and later the first black Supreme Court justice. The project gets its name from Marshall — and for Barsky, its inspiration.

In an interview at The Marshall Project’s midtown New York offices before Sunday’s launch, Barsky said he wants to push criminal justice issues into the national spotlight. There’s a lack of urgency in dealing with the system’s flaws, he said, despite “how abysmal the status quo is.”

[SNIP]

Keller said he likes coming out of the gate with Armstrong’s piece because it shows readers that The Marshall Project won’t expose flaws in the system only when they concern the wrongly convicted.

“The easiest way to get reader sympathy is to write about people who are innocent,” Keller said. “Everybody feels a sense of unfairness if the law sends somebody away to jail for something they didn’t commit.”

Keller recalled how early on, he and Barsky visited different advocacy organizations, including the Innocence Project, which fights to exonerate those wrongly convicted through DNA evidence. After their meeting, Keller recalled that Barsky said, “You know, we’re sort of the Guilt Project.”

“Most of what we’re going to write about is people who are not innocent,” Keller said. “But people who are not innocent are entitled to a fair trial. They’re entitled to not being raped when they get to prison. They’re entitled to competent defense. They’re entitled to prosecutors who don’t withhold exonerating information. They’re entitled to cops who follow Miranda. All these things that are built into our criminal justice system are there for the guilty as well as the innocent. That’s one of the reasons I particularly liked this piece as a debut.”


FEDS ORDER CALIFORNIA TO START PAROLE HEARINGS OF INMATES WITH NON-VIOLENT SECOND-STRIKE FELONIES

On Friday, federal judges ordered California to begin early parole hearings for non-violent second-strike felons by January, overriding the state’s projected hearing launch time-frame of July 2015. The state has been meeting mini-goals set toward a two-year population reduction goal by expanding parole and sentence reduction programs and policies. But because the prison population is still expected to grow, the federal judges are pushing for more lasting solutions. (For backstory on California’s prison population problems, go here, and here.)

The LA Times’ Paige St. John has more on the topic. Here’s a clip:

In February, California officials were ordered to take a number of steps to reduce inmate numbers. At the same time, federal judges agreed to the state’s request for a two-year extension to meet population caps the courts had been trying to enforce for years.

Gov. Jerry Brown’s corrections department did move thousands of inmates out of state-owned prisons while expanding parole programs for frail and elderly inmates. Corrections officials also increased the sentence reductions some nonviolent felons could earn.

Those moves cut California’s prison population by 1,000 inmates, meeting short-term goals even though state projections show inmate numbers will continue to rise. Judges had sought additional actions to produce a “durable” long-term solution.

The California Department of Corrections and Rehabilitation has failed to adopt those steps, including the granting of early parole to second-strikers, the judges noted. In October, prison officials told judges that creating such a parole program was “a time-consuming process” and moving faster would “endanger the public.” They did not expect to finish until July 2015.

In an order several weeks ago, the judges said they were “skeptical” of such a delay. On Friday, they gave the state until Dec. 1 to finish plans for the parole program and ordered it in place by January.

Posted in Charlie Beck, criminal justice, Death Penalty, journalism, LAPD, The Feds | 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 »

ABC 7 Obtains Evidence From LASD Obstruction Trial…In Depth on California’s Sex Trafficked Children…3 Roads Out of Foster Care….& More

October 15th, 2014 by Celeste Fremon


ABC7 SHOWS WHAT THE JURY HEARD & SAWA IN LASD OBSTRUCTION OF JUSTICE TRIALS

The video that shows Sergeants Scott Craig and Maricella Long confronting FBI Special Agent Leah Marx outside her home and threatening her with arrest in September 2011, (even though they never intended to arrest her) was one of the pieces of evidence that resulted in felony convictions for the two sergeants and for four other former members of the Los Angeles Sheriff’s Department. (All six are expected to surrender for their respective prison terms on January 4.)

ABC7 News has obtained that video plus various other recordings and documents that were considered crucial to the jury’s guilty verdict.

Here are a couple of clips from the excellent expanded web version of Tuesday night’s story by investigative producer Lisa Bartley.

By late September 2011, a Los Angeles County Sheriff’s Department “Special Operations Group” had FBI Agent Leah Marx under surveillance for more than two weeks. Her partner, FBI Agent David Lam, was under surveillance as well.

“Locate target and establish lifestyle,” reads the surveillance order for Agent Lam.

Surveillance logs on Agent Marx turned up nothing more nefarious than the young agent picking up after her medium-sized brown and white dog. The surveillance team notes in its report that the dog went “#2″.

It’s highly unusual for a local law enforcement agency to investigate and conduct surveillance on FBI agents, but this is an incredibly unusual case. Seven former deputies, sergeants and lieutenants stand convicted of conspiracy and obstruction of justice for their roles in trying to block a federal investigation into brutality and corruption in L.A. County Jails.

[LARGE SNIP]

Lying to the FBI is a crime, as Sgt. Craig would soon find out. Marx was not “a named suspect in a felony complaint” and Craig knew he could not arrest the FBI agent for her role in the FBI’s undercover operation at Men’s Central Jail. The FBI sting included smuggling a contraband cell phone into inmate-turned-FBI informant Anthony Brown through a corrupt sheriff’s deputy who accepted a cash bribe from an undercover FBI agent.

Craig did not have probable cause to arrest Marx because the contraband phone was part of a legitimate, authorized FBI investigation. No less than the head of the FBI’s Los Angeles Field Office had told then-Sheriff Lee Baca that himself more than a month before the threat to arrest Agent Marx.

The federal judge who oversaw all three trials delivered a harsh rebuke to six of the defendants at their sentencing last month.

Judge Percy Anderson: “Perhaps it’s a symptom of the corrupt culture within the Sheriff’s Department, but one of the most striking things aside from the brazenness of threatening to arrest an FBI agent for a crime of simply doing her job and videotaping yourself doing it, is that none of you have shown even the slightest remorse.”

The story also features other evidence such as the audio of Sgt. Long lying to Agent Marx’s FBI supervisor, Special Agent Carlos Narro, when he called to inquire about the arrest threat. (Then, after hanging up, Long appears to laugh with a sort of gloating amusement at Narro’s reaction, as the recorder was still rolling.)

In addition, there are examples of former Lt. Stephen Leavins and Sgt. Craig attempting to convince various witnesses not to cooperate with the FBI—AKA witness tampering.

For the jury—as those of us sitting in the courtroom who heard these and other recording snippets played over and over—the evidence could not help but be very potent.

ABC7′s Bartley has still more, which you can find here.


GONE GIRLS: LA MAG LOOKS AT SEX TRAFFICKING OF CALIFORNIA’S CHILDREN

In the US, California has become a tragic growth area for sex trafficking of children. Out of the nation’s thirteen high intensity child prostitution areas, as identified by the FBI, three of those thirteen are located in California—namely in San Francisco, Los Angeles and San Diego metropolitan areas.

In the November issue of Los Angeles Magazine, Mike Kessler has a terrific, in depth, and very painful story about those who are fighting to help the young victims of repeated rape for the profit of others.

We’ve excerpted Kessler’s important story below.

The sex trafficking of minors, we’ve come—or maybe want—to believe, is limited to developing nations, where wretched poverty leaves girls with few options. But too many children in Los Angeles County know that the sex trade has no borders. They can be runaways fresh off the Greyhound, immigrants from places like Southeast Asia and eastern Europe, aspiring “models” whose “managers” have them convinced that sexual favors are standard operating procedure. Uncovering the sale of children is difficult at best. While some authorities suspect that boys are sexually exploited as often as girls, nobody knows for sure. Boys are rarely pimped, which isn’t the case for girls. And what little law enforcement agencies can track usually happens on the street, at the behest of pimps, albeit in areas that society tends to ignore. In L.A. County that means poor black and Latino neighborhoods such as Watts, Lynwood, Compton, and parts of Long Beach, along with Van Nuys and Pacoima in the San Fernando Valley. “This is the demographic that’s most afflicted,” Kathleen Kim, a professor at Loyola Marymount University’s law school, a member of L.A.’s police commission, and an expert on human trafficking, told me. “It’s a problem among marginalized children.” According to the district attorney’s office, 29 confirmed cases of child sex trafficking were reported in L.A. County in the first quarter of this year. That’s roughly 120 minors sold for sex annually, but, authorities agree, the statistics fall short of reality when there are so many ways to hide the crime.

LAPD Lieutenant Andre Dawson is a 32-year department veteran who, for the past four years, has run an eight-person team dedicated to slowing the commercial sexual exploitation of children, whom he once thought of us prostitutes. Now he sees the kids as the victims they are.

Fifty-six and a year away from retirement, Dawson is six feet three inches, bald, and handsome, with a graying mustache. When I met him on a recent Friday evening, he was sharply dressed in a black Kangol cap, chunky glasses, a collarless white shirt, and dark designer jeans. In his cubicle he keeps binders documenting the lengths to which pimps go to lay claim to the children they sell. There’s a photo of a girl’s chest, the words “King Snipe’s Bitch” tattooed on it. King Snipe, or Leroy Bragg, is in prison now. Girls are stamped in dark ink with their pimp’s nickname, “Cream,” an acronym for “Cash Rules Everything Around Me.” One bears his name on her cheek. The girl was 14 and pregnant at the time she was branded. The burn mark on a different young woman’s back was from an iron applied by her pimp, Dawson said. He brought out a twist of lime-colored wires that was two feet long and as thick as three fingers, duct tape binding them together. “We call this ‘the green monster,’ ” he said. “It’s what one of these pimps used to discipline his girls. He beat one of them so bad, he pulled the skin off of her back.”

Once the sun went down, Dawson draped a Kevlar vest over my torso and drove me through “the tracks,” stretches of city streets where money is exchanged for sex. They’re also known collectively as “the blade,” owing to the risks one takes when walking them. Threading his SUV through the crush of downtown traffic, he recounted how he used to regard the kids he arrested as willing participants. They were defiant toward police, he said. Invariably the girls protected their pimps and went back to the streets. But as he talked to child advocates, he came to the realization that most of the kids lacked the emotional maturity to know they were being abused. “The chain is around the brain,” he said, passing the big airplane by the science museum at Fig and Expo. “The more I work with this population, the more I understand that 12- and 13-year-old girls don’t just call each other up and say, ‘Hey, let’s go out prostituting.’ They’re not just using bad judgment. They’re doing it because they’re desperate for love or money or both. They think they’re getting what they can’t get somewhere else.” Even more tragic, Dawson said, is that “these girls think the pimp hasn’t done anything wrong.”

While poverty, parentlessness, and crushingly low self-esteem are all factors, there’s another reason so many kids wind up in “the game,” or, as some call it, “the life”: Dawson estimates “nine-and-a-half or ten out of ten” of the girls he encounters were victims of sexual abuse that began long before they turned their first trick. I asked him how many adult prostitutes he encounters started when they were underage. “Ninety-nine percent,” he said. “It’s all they’ve known.”

Kessler met up with LA County Supervisor Don Knabe in Washington D.C. when Knabe—who says he has grandchildren the age of some of the sex trafficking victims—was working to shake loose federal dollars to fund some of LA County’s programs, like LA’s STAR Court (that WLA posted about here), that prevent underage girls from being bought and sold for sex. The supervisor brought with him a trafficking survivor, who predictably had more of an affect on the D.C. crowd at a press conference on the topic, than the gathered politicians.

Knabe has been a vocal supporter of California legislation introduced by Republican state senator Bob Huff, of Diamond Bar, and Democrat Ted Lieu, of Torrance. Their “War on Child Sex Trafficking” package consists of bills that would make it easier for law enforcement agencies to obtain wiretap warrants on suspected pimps and list pimping as an official gang activity, since pimps often have gang affiliations and sentences can be stiffened for crimes committed by members. Consequently Governor Jerry Brown this year created a CSEC budget of $5 million, which will go toward training and services; next year that budget will jump to $14 million. At the federal level Knabe has been a point man for Democratic Representative Karen Bass, whose district encompasses several South L.A. County neighborhoods, and for Texas Republican Congressman Ted Poe, both of whom are pushing tough-on-trafficking legislation.

Knabe had brought Jessica Midkiff, the survivor I’d met at the diner in L.A., to D.C. for the press conference. After the supervisor spoke, she took the microphone and addressed the 30 or so reporters in the room. Choking back her nervousness, she said, “I was exploited beginning at the age of 11 and was arrested several times across the United States before the age of 21. For a lot of young women like me, trauma began at an early age. Before the commercial sexual exploitation, abuse was a major factor in most of our childhoods. In my case, I was raped, beaten, and mentally abused from 3 to 11 years old by a number of men.” She made no effort to conceal the blot of ink on her neck, the indecipherable result of one pimp’s tattoo being covered by another’s over the course of a decade. She spoke of the violence and coercion, the desperation and loneliness that victims suffer, the cruelty of pimps and the ubiquity of johns. “Our buyers can be members of law enforcement, doctors, lawyers, and business owners,” Jessica said. “Why would anybody believe us?” One of her johns, she added, was an administrator at a school she attended “who followed, stalked, and harassed me to get into his car” when he was “in his forties and I was only 14 years old.”

During the Q&A afterward, a reporter asked what Jessica or her pimps charged for their services. She demurred at first. Asked again a few minutes later, she reluctantly said, “It starts at 50 dollars and moves its way up to a couple hundred and even thousands. The younger the child, the higher the cost.”

There’s lots more to the story, so be sure to read on.


THREE BROTHERS & THREE VERY DIFFERENT TALES OF THE FOSTER CARE SYSTEM

On a Sunday in 2006, three brothers escaped from the home of their alcoholic, abusive grandmother. (Their mother was a drug addict so they no longer lived with her.) A month later, social services showed up at their sister’s door and took the three boys—Matt, 14, Terrick, 12, and Joseph, 11—into the foster care system. A social worker told them they would not be separated. The promise turned out not to be true.

Brian Rinker of the Chronicle of Social Change looks at the experiences and subsequent paths of each of the three boys, and what those paths say about the foster care system in California.

Here’s a clip:

They stashed a black plastic garbage bag full of clothes next to a dumpster outside their grandmother’s apartment in Whittier, California, and wore extra socks, shirts and pants underneath their church outfits. Their older sister, 23, would pick them up at a nearby Burger King. From there, according to the brothers, she would whisk them away and raise them as her own.

So instead of stepping onto that church bus as they had done every week past, the Bakhit brothers walked to Burger King praying that whatever lay ahead was better than what they left behind.

Matt, the eldest, was the mastermind. At 14, a wrestler and high school freshman, Matt said living in the strict, abusive home stifled his maturity. How could he grow into a man?

“My grandma, over any little thing, would pull my pants down and whoop me with a belt,” Matt, now 22, said in an interview.

But freedom from his abusive grandmother didn’t mean an end to his and his brothers’ hardships.

Child protection intervened less than a month later at their sister’s San Diego home. The brothers remember a social worker telling them they would not be separated. They packed their belongings once again into plastic bags and piled into the social worker’s car. The brothers cried.

Despite the promise, 20 minutes later the social worker dropped Matt off at a foster home. Terrick and Joseph were taken to the Polinsky Children’s Center, a 24-hour emergency shelter in San Diego for kids without a home, or as Joseph calls it, “purgatory.”

[BIG SNIP]

The tale of the brothers Bakhit exemplifies the strengths and weaknesses of a foster care system struggling to care for thousands of abused and neglected children. The same system that nurtured Joseph also alienated Matt, and lost Terrick to the juvenile justice system, which cut him from foster care and cast him out on the streets: broke, hungry and with nowhere to go.

[SNIP]

Despite a traumatic childhood, Joseph, the youngest, now 19, grew up a success by most standards. He graduated as valedictorian from San Pasqual Academy, a residential school for foster youth. The academy gave him a car: a black 2008 Toyota Scion XD.

When he got accepted to UC Berkeley, scholarships and financial aid available only to foster youth paid his full ride. And because of a 2010 law extending foster care to age 21, he gets a $838 check every month until age 21.

Now in his second year of college, Joseph works at a dorm cafeteria and is engaged to his high school sweetheart.

Terrick and Matt’s experience was totally different.

By the time Joseph graduated from high school, Terrick and Matt were homeless on the streets of downtown San Diego….

Read on.


AZ PRISONS & JAILS CAN NO LONGER PEPPER SPRAY SCHIZOPHRENICS FOR ANY OLD REASON…AND OTHER SETTLEMENT TERMS

Across the nation, 45 percent of those in solitary confinement are mentally ill, notes Shane Bauer, of Mother Jones Magazine in a story about a class action lawsuit brought by the ACLU, the Prison Law Office, and by inmates at 10 of Arizona’s state prisons, which reached a settlement Tuesday with the Arizona Department of Corrections today to improve health care—including mental health care—and solitary confinement conditions in Arizona’s prisons.

Here’s a clip from Bauer’s story about the settlement:

The lawsuit, which has been going on for two years, won concessions that would seem to be common sense. Prison guards, for example, now can’t pepper spray severely mentally ill prisoners unless they are preventing serious injury or escape. And while these types of inmates were previously let out of their solitary cells for just six hours a week, the settlement requires Arizona to let them out for at least 19 hours a week. With some exceptions for the most dangerous, this time will now be shared with other prisoners, and will include mental health treatment and other programming.

People like this—–the schizophrenic, the psychotic, the suicidal—–are not a small portion of the 80,000 people we have in solitary confinement in the US today. According the National Alliance on Mental Illness, 45 percent of people in solitary have severe mental illnesses. The country’s three largest mental health care providers are jails.

Tim Hull of the Courthouse News also has a story on Tuesday’s settlement that even requires Arizona to pay $5 million in attorneys’ fees.

Posted in Board of Supervisors, crime and punishment, FBI, Foster Care, LA County Board of Supervisors, LA County Jail, LASD, mental health, Paul Tanaka, prison policy, Sheriff Lee Baca, The Feds, U.S. Attorney | 44 Comments »

Federal Consent Decree Seems Almost Certain for LA County Jails – UPDATED

October 3rd, 2014 by Celeste Fremon



Failure to implement sufficient changes in the running of LA County’s huge and troubled jail system
means that federal oversight, in the form of a federal consent decree, is all but certain, reports Cindy Chang of the LA Times late Thursday evening.

Here’s a clip that provides a few of the details.

The June 4 letter described “dimly lit, vermin-infested, noisy, unsanitary, cramped and crowded” living conditions that exacerbated inmates’ mental distress. After suicides more than doubled, from four in 2012 to 10 the following year, jail officials did little to address the situation, the letter said, calling many of the suicides preventable.

In an interview Thursday, Supervisor Mark Ridley-Thomas accused the Sheriff’s Department and the county mental health department of not taking the problems in the jails seriously. A federal consent decree would be a black mark on the county, amounting to “dereliction of duty” and “absconding of responsibility,” he said.

“The federal government is saying that they’re throwing … their hands up,” Ridley-Thomas said. “In other words, they’ve given you every chance to improve up, and you’ve failed to do so.”

UPDATE: FYI, here is the November 25 letter from the DOJ to Rodrigo Castro-Silva, the assistant county counsel who appears to be representing the sheriff’s department in negotiations.


EDITOR’S NOTE: A FEDERAL CONSENT DECREE? BRING IT ON

Yes, it will cost LA County taxpayers millions of dollars, but after decades of callous disregard by those with the power to do something about the urgent problems in our jails—problems flagged by the Department of Justice, the FBI, the ACLU, a very long list of advocacy organizations, and by media outlets like this one—it appears that the feds are finally saying enough.

Somebody has to be the grown-up around here.

Ridley-Thomas is right about this news pointing to a dereliction of duty by the Sheriff’s Department and the County Mental Health Department, both of which, as recently as this past May, had the gall to use the spectre of a consent decree to bully the requisite three members of the board of supervisors into rushing to a vote on the $2 billion jail building plan, rather than, say, focusing first on a diversion program for the non-violent mentally ill to get them out of the jails. (Antonovich, Molina & Knabe, voted for it. Ridley-Thomas did not vote for the jail package, but abstained; Yaroslavsky voted no.)

The LASD and County Mental Health folks sternly told the board that galloping breathlessly forward with the pricey jail project was the one and only thing thing that would placate the feds and fend off a federal consent decree—a statement that was, of course, utter horse pucky.

But, why trouble one’s self with facts?

So, for that, and a plethora of other reasons—heck, yeah. Bring it on.

Posted in jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca, The Feds | 43 Comments »

LASD: a “Toxic Culture” or a “Few Bad Actors”…..Eric Holder Replacement…..A Head Start Program That’s Trauma Smart…Long Beach Police Chief’s Dealings With Officer Involved Shootings

September 26th, 2014 by Celeste Fremon


DO THE RECENT SENTENCES OF THE LASD SIX POINT TO A “TOXIC CULTURE” IN NEED OF REFORM OR A “FEW BAD ACTORS”…?

A new LA Times editorial rightly points out that— contrary to what Sheriff John Scott has apparently said—”the sentencing Tuesday and likely imprisonment of six sworn Los Angeles County sheriff’s deputies, sergeants and lieutenants does not reflect merely the actions of a ‘few’ bad actors.”

The Times’ statement—which is really a rather sizable understatement—also applies to the rest of the 21 indicted department members, whose cases, which primarily involve brutality and corruption in the jails, will be coming to trial later this year and early next year. Those indictments do not represent “a few bad actors” either.

When the six, who were just sentenced this week, were convicted of obstruction of justice last July, then U.S. Attorney Andre Birotte talked about “criminal conduct and a toxic culture” inside the Los Angeles Sheriff’s Department that the convictions represented.

“These defendants were supposed to keep the jails safe and to investigate criminal acts by deputies,” said Birotte. Instead they “took measures to obstruct a federal investigation and tamper with witnesses…. While an overwhelming majority of law enforcement officials serve with honor and dignity, these defendants tarnished the badge by acting as if they were above the law.”

Yet while all this tarnishing was going on, someone—or more accurately several someones—gave the various orders that resulted in hiding a federal informant, threatening an FBI agent, and intimidating witnesses in a federal investigation. Furthermore, it was a deeply-entrenched culture of arrogance, everyday corruption, and a venomous us-against-them contempt for anyone outside certain favored circles—a culture that had, for years, emanated from the LASD’s highest levels—which made orders to obstruct justice seem perfectly natural to seasoned department members who should have known better.

It was that same psychological environment—which U.S. District Court Judge Percy Anderson labeled a “corrupt culture” on Tuesday as he handed out sentences—that allowed for the actions of those who have been indicted and will likely be convicted for allegedly blithely brutalizing jail inmates and visitors. After all, such behavior had long carried with it little threat of adverse consequences. In fact, some of those in charge even signaled tacit approval.

Here’s more of what the Times wrote:

They earned their sentences; but as obstructors rather than defenders of justice, they were not self-taught. They operated within an ingrained culture of contempt, mismanagement, dishonesty and gratuitous violence. It is important to remember that they were trying to block a probe into the widespread use of excessive force, and that such force has been documented against visitors as well as inmates in Los Angeles County jails. It is important to keep in mind also that the department’s Antelope Valley stations were found to have engaged in patterns and practices of racially based discrimination and unconstitutional stops, searches, seizures and detentions. Settlement talks are ongoing in a lawsuit alleging that top sheriff’s officials condoned a pattern of violence against inmates. A court-appointed monitor is operating under a similar lawsuit alleging mistreatment of mentally ill inmates going back decades, and the U.S. Department of Justice advised the county earlier this year that it too would go to court over treatment of the mentally ill in the jails. Meanwhile, a Times investigation found fluctuating hiring standards that sometimes drop so low as to suggest the department will hire, at times, almost anyone.

In other words, despite the many decent men and women who daily do good, honest, tough-but-fair-minded work as members of the Los Angeles Sheriff’s Department, this is an agency still in deep trouble, and reforming it in any meaningful way is going to be a challenging endeavor.

Which brings us back to the sentences handed out on Tuesday: at the risk of sounding like a broken record, we truly hope that this summer’s convictions are simply the starting point, and that the government’s prosecutors go on to indict some of those who gave the orders that have resulted in six department members losing their careers and—barring some kind of appellate intervention—heading for prison. (More accurately, make that seven department members, counting James Sexton, whose retrial and conviction is another topic altogether, which we’ll discuss at a later time.) Such additional indictments would signal, with more than mere rhetoric, that it is the department’s culture as a whole that needs fixing, not just the actions of 21 individuals.


LISTEN TO WHICH WAY LA? ON TUESDAY’S SENTENCING

Which Way LA? with Warren Olney did a show on Tuesday’s sentencing of the six LASD department members that features Brian Moriguchi, president of Professional Peace Officers’ Association (PPOA), and Peter Eliasberg, legal director for the Southern California ACLU. It’s definitely worth a listen.



ERIC HOLDER RESIGNATION: WHO WILL COME AFTER AND WILL THEY PAY ATTENTION TO JUVENILE JUSTICE & SENTENCING REFORM?

Attorney General Eric Holder’s surprise announcement Thursday of his resignation has many speculating who will replace him.

For justice activists Holder has been a mixed bag. They point to his unwillingness to prosecute “too big to jail” banks and others responsible for the 2008 financial crisis, and his support of government spying, and the like.

Yet in the last few years, Holder has become very active in the criminal justice reform arena, particularly when it comes to disparities in sentencing, and issues of juvenile justice.

So, as the speculation revs up about who will replace Holder, activists are preemptively worrying that many of the justice reforms Holder has recently supported, will not be a priority for his successor.

Interestingly, Yahoo News and CNN put Kamala Harris on their list of possibles, while the New York Times did not. (Thursday, Harris issued a statement saying she intends to stay in California.)

Here are the Wall Street Journal’s picks, which also include Harris. And here’s USA Today.

We will, of course, be keeping an eye on the matter of Holder’s replacement—with justice issues in mind—as it unfolds.


A HEAD START & TRAUMA SMART PRESCHOOL PROGRAM HELPS KEEP STRUGGLING KIDS IN SCHOOL

Some kids are so adversely affected by trauma at an early age that when they show up at preschool they have trouble behaving appropriately. In the past, teachers tended to expel such acting out-prone children from preschool programs, not always out of lack of compassion, but because they simply didn’t know what else to do.

Then in 2005, a study startled educators by showing that preschool kids were three times more far more likely to be suspended or expelled than those in any of the K-12 grades—numbers that have continued to worsen in the years since.

Recently, however, certain preschool programs around the country have begun experimenting with methods that address the causes of trauma-based behaviors in young children that, in the past, risked derailing a three or four-year-old’s academic future before it ever started.

The PBS Newshour with host Judy Woodruff and correspondant Molly Knight-Raskin looked at one such program last July. And, as we were surveying this year’s important stories on the issue of childhood trauma, we decided that this show was too important to miss.

Here are some clips:

Every year, thousands of children in this country are expelled from school before they reach kindergarten. In fact, studies show that preschool children are expelled at significantly rates than those in kindergarten through 12th grade.

Special correspondent Molly Knight Raskin reports on a program in Kansas City, Missouri, that’s trying to stem this trend by looking beyond the classroom to the issues these kids face at home.

MOLLY KNIGHT RASKIN: In many ways, Desiree Kazee, is a typical 5-year-old girl. She’s bubbly, bright and affectionate. Her favorite color is pink. And she enjoys drawing and dancing.

But, two years ago, when Desiree began preschool at a Head Start program near her home in Liberty, Missouri, she didn’t seem to enjoy much of anything.

[SNIP]

MOLLY KNIGHT RASKIN: Janine Hron is the CEO of Crittenton Children’s Center, a psychiatrist hospital in Kansas City. In 2008, Hron and her team developed Head Start Trauma Smart, an innovative program that evidence-based trauma therapy into Head Start classrooms.

The program was created in response to the pervasiveness of trauma in the Kansas City area. Of the 4,000 kids in Head Start, 50 percent have experienced more than three traumatic events.

JANINE HRON: This is not a one-and-done kind of a bad experience. This happens over and over and over, and it becomes rather a lifestyle of trauma.

MOLLY KNIGHT RASKIN: Studies show that one in four preschool-age children experience a traumatic event by the start of kindergarten. Because so many of these children respond to traumatic stress by acting out, they prove a challenge to teachers and caregivers, who find that traditional methods of, like scolding them or putting them in a time-out, don’t work. In fact, these methods often makes things worse, leading to suspension or expulsion.

Avis Smith, a licensed social work at Crittenton, explains why.

AVIS SMITH, Crittenton Children’s Center: Their behaviors are so extreme, that the adults don’t know how to keep everybody safe….


HOW LONG BEACH POLICE CHIEF AND SHERIFF CANDIDATE MCDONNELL DEALT WITH OFFICER INVOLVED SHOOTINGS

In 2013, 15 people were shot—or shot—at by Long Beach Police officers, a rate that was about twice the average for the city. Community members were very upset. Long Beach Police Chief and candidate for LA County sheriff, Jim McDonnell, was front and center as the man held responsible.

KPCC’s Rina Palta has the story. Here’s a clip:

Nearly a year after her son was shot and killed by a Long Beach police officer, Shirley Lowery still keeps the urn holding his remains on a makeshift alter on a bar near the back door of her house.

“I was going to deposit his ashes,” Lowery said, “but I just can’t let him go.”

She still can’t sleep well either, her mind racing.

“The other night, I woke up at 3:15 and it was like a recording,” she says. “When he was born, when he learned how to walk, the first time he went snowboarding, the first time he went surfing. It keeps flashing.”

Her son, Johnny Del Real, was one of 15 people Long Beach police officers shot or shot at in 2013— about double the average in the city, records show.

The rash of shootings provoked protests, lawsuits (including Lowery’s current $10 million claim against the city) and questions about the tactics used by the Long Beach Police Department.

At the center of those questions was Jim McDonnell, the current police chief and frontrunner to win the job of Los Angeles County sheriff in the November election.

Darick Simpson, head of the Long Beach Community Action Partnership, said one of the men shot last year was friendly with kids in one of his group’s youth programs.

When Sokha Hor, 22, was critically wounded by police, at first his family was kept from seeing him in the hospital. Public outrage ensued and a lot of kids in Simpson’s program participated in protests.

But McDonnell and his staff’s willingness to share information – and desire to hear the kids’ side of the story – helped mitigate the tension, Simpson said.

“You know there’s three sides, right? Your side, my side, and the truth of any given story,” he said. “We came to a greater understanding of a truth that diffused an issue that could have been blown up into bigger than what it needed to be.”

McDonnell said he reacted to the spate of 2013 shootings by looking at the evidence in each case. Most involved people who were armed with real or replica weapons.

“To try and say why is one year higher than another year is difficult,” he said. “We look at each officer-involved shooting based on the merits of that shooting. The circumstances that led up to it, the tactics the officers used, the use of force itself. And then what they did after the use of force.”

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff John Scott, Sheriff Lee Baca, The Feds, Trauma, U.S. Attorney | 31 Comments »

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