We will have the story shortly.
- Arresting Kids Under 12, Hidden Costs of Running Jails, Pell Grants for Inmates, Body Cams, and Freddi Gray
- Realignment Revisited, CA Bill to Conceal Child Abuse Death Cases, Dzhokhar Tsarnaev, and Crowdfunding Lawsuits Against Law Enforcement
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- Landmark Lawsuit Filed Against Compton School District for Failing to Help Severely Traumatized Kids Struggling With Learning
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Sen. Rand Paul and Cory Booker Team Up on Criminal Justice Reform…Filmmaking for Disadvantaged Kids…ACLU Sues Over Lack of Representation for Immigrant Kids…and MoreJuly 10th, 2014 by Taylor Walker
CRUCIAL BIPARTISAN JUVENILE AND CRIMINAL JUSTICE REFORM BILL
On Tuesday, the unlikely combination of Senators Rand Paul (R-KY) and former mayor of NJ, Cory Booker (D-NJ), reached across the aisle to introduce an important, and far-reaching criminal justice reform bill. The REDEEM Act would give states incentives to raise the age of criminal responsibility to 18-years-old, and ban the use of solitary confinement on kids except in extreme circumstances.
The bill would also expunge the records of kids under 15 who have committed non-violent crimes, and seal the records of kids between the ages of 15-17, as well as create a “path” for non-violent adult offenders to petition to have their records sealed.
REDEEM would also lift the bans on federal welfare for low-level drug offenders.
Here’s a clip from Sen. Rand Paul’s website:
The REDEEM Act will give Americans convicted of non-violent crimes a second chance at the American dream. The legislation will help prevent youthful mistakes from turning into a lifetime of crime and help adults who commit non-violent crimes become more self-reliant and less likely to commit future crimes.
“The biggest impediment to civil rights and employment in our country is a criminal record. Our current system is broken and has trapped tens of thousands of young men and women in a cycle of poverty and incarceration. Many of these young people could escape this trap if criminal justice were reformed, if records were expunged after time served, and if non-violent crimes did not become a permanent blot preventing employment,” Sen. Paul said.
“I will work with anyone, from any party, to make a difference for the people of New Jersey and this bipartisan legislation does just that,” Sen. Booker said. “The REDEEM Act will ensure that our tax dollars are being used in smarter, more productive ways. It will also establish much-needed sensible reforms that keep kids out of the adult correctional system, protect their privacy so a youthful mistake can remain a youthful mistake, and help make it less likely that low-level adult offenders re-offend.”
LA FILM PROGRAM FOR UNDERPRIVILEGED TEENS AND YOUNG ADULTS
A film program through Southern California Crossroads empowers underprivileged teens and young adults in LA by teaching them the art of filmmaking.
Crossroads, a non-profit with other education reentry services, partners with the Tribeca Film Institute in NY and St. Francis Medical Center in Lynwood to give teens, who often feel unheard, a voice, and a medium for tackling difficult issues.
The LA Times’ Caitlin Owens has more on the program. Here’s how it opens:
As a child, Darlene Visoso tried to protect herself from the harsh words she endured from her father’s girlfriend by shutting off her emotions.
Until her early years of high school, she dealt with her pain, anger and insecurity by ignoring her feelings.
“I kind of went into a phase where I was like, what’s the point of feeling? What’s the point of laughing if you’re going to cry? What’s the point of crying if it’s non-ending emotion?” she said.
Though the girlfriend and her father have since split up, Darlene, now 17 and a recent graduate of South Gate High School, made a short film about her experiences titled “Learning to Feel.” She wrote it and played a part, starring as a girl who must learn to express her emotions after the death of her best friend.
The film was created through one of several programs run by Southern California Crossroads, a nonprofit group that aims to help underprivileged youths in violence-plagued communities. The film program, in partnership with the New York-based Tribeca Film Institute and St. Francis Medical Center in Lynwood, allows students to confront social issues in their communities and their lives.
The topics addressed in the short films include such things as bullying, gun and gang violence, acceptance and self-identity. Saul Cervantes, a teacher with Crossroads, said filmmaking gives students a way to communicate.
“They feel like whatever they go through, they have to say it’s not really important,” he said. “This gives us an opportunity to show them a way to have a voice.”
Crossroads was formed in 2005 to help youths avoid violence, intervene in crisis situations and provide reentry services for those with criminal records. Although the heart of the program is education and employment, Crossroads offers mentoring, case management, tattoo removals and the film program.
It serves 18- to 24-year-olds who have dropped out of high school or have a criminal background…
ACLU AND OTHERS SUE FEDS FOR NOT PROVIDING ATTORNEYS TO KIDS IN DEPORTATION HEARINGS
On Wednesday, the SoCal ACLU (and other groups) filed a class action law suit against the federal government on behalf of thousands of immigrant kids being shuffled through immigration court proceedings without any legal representation. The SoCal ACLU is joined by American Immigration Council, Northwest Immigrant Rights Project, Public Counsel and K&L Gates LLP in the suit.
Here are some clips from the ACLU of Southern California’s website:
Each year, the government initiates immigration court proceedings against thousands of children. Some of these youth grew up in the United States and have lived in the country for years, and many have fled violence and persecution in their home countries. The Obama administration even recently called an influx of children coming across the Southern border a “humanitarian situation.” And yet, thousands of children required to appear in immigration court each year do so without an attorney. This case seeks to remedy this unacceptable practice.
“If we believe in due process for children in our country, then we cannot abandon them when they face deportation in our immigration courts,” said Ahilan Arulanantham, senior staff attorney with the ACLU’s Immigrants’ Rights Project and the ACLU Foundation of Southern California. “The government pays for a trained prosecutor to advocate for the deportation of every child. It is patently unfair to force children to defend themselves alone.”
Kristen Jackson, senior staff attorney with Public Counsel, a not-for-profit law firm that works with immigrant children, added, “Each day, we are contacted by children in desperate need of lawyers to advocate for them in their deportation proceedings. Pro bono efforts have been valiant, but they will never fully meet the increasing and complex needs these children present. The time has come for our government to recognize our Constitution’s promise of fairness and its duty to give these children a real voice in court.”
The complaint charges the U.S. Department of Justice, Department of Homeland Security, U.S. Immigration and Customs Enforcement, Department of Health and Human Services, Executive Office for Immigration Review and Office of Refugee Resettlement with violating the U.S. Constitution’s Fifth Amendment Due Process Clause and the Immigration and Nationality Act’s provisions requiring a “full and fair hearing” before an immigration judge. It seeks to require the government to provide children with legal representation in their deportation hearings.
BUT WILL THE LAWSUIT CAUSE FURTHER DELAYS IN IMMIGRATION PROCEEDINGS THAT COULD ALSO BE HARMFUL TO SOME OF THESE KIDS?
EDITOR’S NOTE: The LA Times’ Hector Becerra has a story that questions whether the ACLU lawsuit will help or harm, pointing out that it will likely cause further delays in an already grossly overburdened system. Becerra’s story makes some interesting and valid points. Many kids who are here without documents are going to be repatriated no matter what, and the requirement for representation will likely only slow down an already glacial process.
But what of the kids who have legitimate reasons to ask for asylum or who have other extenuating circumstances that genuinely should be considered? Will their cases be adjudicated fairly by swamped judges if they don’t have the benefit an advocate? They are, after all, children. Will they get due process if they are their own sole representatives?
This is a complex matter, where there may be no perfect answer. But legal representation is an important tenet of our justice system. Let us not be too quick to dismiss the call for it for immigrant children simply because it may turn out to be inconvenient.
SENTENCING REFORM AND PUSHBACK FROM PROSECUTORS
NPR’s Morning Edition takes a look at the red states that are leading the pack on sentencing reform—Louisiana, in particular—and opposition from local prosecutors via plea bargain tactics. (As for California, we are sorely in need of sentencing reform.)
Here are some clips from the transcript, but do go listen to the episode:
Some red states like Louisiana and Texas have emerged as leaders in a new movement: to divert offenders from prisons and into drug treatment, work release and other incarceration alternatives.
By most counts, Louisiana has the highest incarceration rate in the country. In recent years, sentencing reformers in the capital, Baton Rouge, have loosened some mandatory minimum sentences and have made parole slightly easier for offenders to get.
But as reformers in Louisiana push for change, they’re also running into stiffening resistance — especially from local prosecutors.
It’s all happening as the number of Americans behind bars has started to decline. There are multiple reasons for that, including crime rates that have been dropping since the 1990s, as well as the impact of the Supreme Court’s 2011 requirement that tough-on-crime California reduce its prison population.
And there’s another factor: a growing bipartisan consensus for sentencing reform. Local politicians are getting political cover for those efforts from conservative groups like Right on Crime.
“It is a growing consensus on the right that this is the direction we want to be going,” says Kevin Kane, of the libertarian-leaning Pelican Institute for Public Policy in Louisiana. “Most people will point to, ‘Well, it’s saving money, and that’s all conservatives care about.’ But I think it goes beyond that.”
Kane says libertarians are interested in limiting the government’s power to lock people away, while the religious right likes the idea of giving people a shot at redemption — especially when it comes to nonviolent drug offenders.
Still, not everyone is embracing these ideas. In some places, there’s been considerable pushback — especially when the idea of eliminating prison time for drug offenders arises.
In Lafayette, La., the sheriff’s department has reinvented its approach to drug offenders. Marie Collins, a counselor by trade, runs the department’s treatment programs. She estimates at least 80 percent of the people in the parish jail got there because of substance abuse.
“The concept of, ‘Let’s lock them up and throw away the key,’ does nothing for society and does nothing for us, because you haven’t taught them anything,” she says.
So there’s counseling offered inside this jail. The sheriff’s staff is also constantly scanning the jail’s population for nonviolent inmates it can release early into the appropriate programs on the outside.
One option is the Acadiana Recovery Center right next door, a treatment program run by Collins and the sheriff’s department — though the staffers play down their connection to law enforcement. In fact, you can seek treatment there even if you’ve never been arrested.
“If we can be proactive and provide the treatment before they get to jail, it’ll actually cost us less money,” Collins says.
Arguments like that are making headway at the state level. But reformers in Baton Rouge are also experiencing pushback. By most counts, the state has the highest incarceration rate in the country, and there’s a traditional preference for long sentences.
The vast majority of criminal cases in America are resolved through plea bargains. Defendants plead guilty out of fear of getting a worse sentence if they don’t. Plea bargains jumped above 90 percent in the 1980s and ’90s, in part because a wave of harsh new sentences for drug offenses strengthened prosecutors’ hands when bargaining with defendants.
“For a DA to have the ability to dangle over someone’s head 10, 20 years in jail, that provides them with tremendous leverage to pretty much get whatever they want,” says Louisiana State Sen. J.P. Morrell, a Democrat from New Orleans and former public defender.
Peace Officer Unions Back McDonnell for Sheriff….CA Kids May Face Mandatory Minimums….State Starting Early Release of Elderly and Sick Inmates…and MoreJune 17th, 2014 by Taylor Walker
GROUP OF LAW ENFORCEMENT UNIONS TO ANNOUNCE SUPPORT OF JIM MCDONNELL FOR LA SHERIFF
Today, a number of law enforcement unions will be announcing their unified endorsement of Long Beach Police Chief Jim McDonnell for the office of Sheriff of LA County. Representatives from the Association for Los Angeles Deputy Sheriffs (ALADS), the LA County Professional Peace Officer Association (PPOA), Probation Officers, AFSCME Local 685, the Los Angeles Police Protective League (LAPPL), and the Long Beach Police Officers Association will gather at a press conference at 10:30a.m., at the ALADS offices in Monterey Park.
PPOA announced their endorsement last Thursday afternoon, and many were waiting to see what ALADS would do, as both PPOA and ALADS had declined to endorse anyone during the primary election. A source close to the unions said that the LAPPL and the Long Beach Police Officers Association had been interested in endorsing McDonnell during the primary, but due to something called “the hometown rule” they had to wait until the unions to which LASD personnel belong (ALADS and PPOA) made their moves.
Thus far, no one has announced that they will be giving money along with their endorsement, but that may (or may not) come later.
CALIFORNIA BILL WOULD INFLICT HARMFUL NEW MANDATORY MINIMUMS ON KIDS IN THE JUVENILE JUSTICE SYSTEM
A California bill that would impose the first ever mandatory minimum sentences in the state’s juvenile justice system, SB 838, is currently making its way through California legislature. The bill, authored by Senator Jim Beall (D-San Jose), directed at kids convicted of certain sex offenses, would eliminate judges’ discretion and ability to choose community-based rehabilitative options, and replace it with mandatory incarceration.
The California Senate has unanimously passed the bill, and today (Tuesday), the Assembly Public Safety Committee will vote on the measure. (And we at WLA will be keeping an eye on it.)
The Center on Juvenile and Criminal Justice has more on the bill (and why they are opposing it). Here’s a clip:
Mandatory minimums violate the foundational principles of the juvenile justice system. If SB 838 becomes law and introduces mandatory minimum sentences into the juvenile justice system, the consequences would be significant for California’s youth. The bill would upend a system grounded in rehabilitation — and the understanding that young people can change — and replace it with one focused on retribution and punishment for California’s most troubled and vulnerable youth.
Mandatory minimums do not prevent crime. Research on mandatory minimum sentencing schemes across the nation has failed to find evidence that they have reduced crime — but substantial evidence that they have driven the nation’s skyrocketing incarceration rates, exacerbated racial disparities in the criminal justice system, and dramatically increased the length of prison sentences. SB 838 would replicate these same failed policies for California’s youth, at great public expense.
STATE TO BEGIN EARLY RELEASE OF CERTAIN ELDERLY INMATES, TRANSFER OF SERIOUSLY ILL INMATES TO HEALTH CARE FACILITIES
The California Department of Corrections and Rehabilitation has announced the state will commence with the early release of elderly and seriously ill prisoners who meet certain requirements to either parole or nursing facilities. The move is part of the state’s ongoing efforts to comply with a federal order to ease prison overcrowding. (Backstory here.)
The LA Times’ Paige St. John has the story. Here’s a clip:
Inmates who are over 60 and have spent at least 25 years in prison will be eligible for release if they are not sentenced to death or serving life without parole sentences. Those hearings are to begin in October, board executives said.
Prisoners whose health conditions require they receive skilled nursing care will also be eligible to be moved to health care or nursing facilities — but if they recover they face a return trip to prison. Hearings under the new rules, which reflect an expansion of existing medical parole, are to begin by July 1, a board attorney said.
MENTAL HEALTH TRAINING FOR PEACE OFFICERS IS A BIG STEP, BUT NOT A CURE-ALL
Ventura County law enforcement officers have been receiving comprehensive training in how to deal with the mentally ill, and thus far, it’s making a big difference. Experts say that law enforcement mental health training offerings like Ventura County’s “Crisis Intervention Team” program can help officers prevent tense encounters with the mentally ill from escalating unnecessarily.
Currently, 72% of Ventura officers have received 40 hours of instruction in handling situations involving people with mental disorders. While this is a welcome step in the right direction, in Ventura and other counties (cough, Los Angeles, cough), often the training does not extend to jails, prisons, and other agencies where things can fall apart.
KPCC’s Stephanie O’Neill has the story. Here’s a clip:
Debbie is a Ventura County mother of a 23-year-old son diagnosed with bipolar disorder. At times his condition becomes so severe that he gets delusional and requires hospitalization.
“He doesn’t understand that he’s ill and that he needs help,” Debbie says. “He thinks he’s fine.”
Debbie, who asked that her last name be withheld for privacy reasons, says when that happens, she calls the sheriff’s department for help – as she did earlier this year. Their response, she says, was heartening.
“The police officers…were so great, because they kept telling him, ‘You’re not in trouble, we’re here to help you,’ ” she says. “So they weren’t threatening; they didn’t scare him. It stayed really, really calm.”
And that allowed the deputies to take Debbie’s son to the county psychiatric hospital for emergency observation without incident.
“As far as a bad experience goes, it was as good a bad experience as was possible in this situation,” she says.
The responding deputies included several who had received 40 hours of training in handling the mentally ill through Ventura County’s “Crisis Intervention Team” program. The training is based on a renowned model started in Memphis, Tennessee in 1988 that is now taught worldwide.
Tragedies such as the Isla Vista massacre and the Kelly Thomas case in Orange County have highlighted the need for improved training for law enforcement personnel who come into contact with the mentally ill.
So far, 72 percent of all law enforcement officers have completed the Crisis Intervention Team training in Ventura County, says Kiran Sahota, who oversees the program for the county.
“The idea is to hopefully help to deescalate and slow down the situation,” Sahota says. “And sometimes by just knowing ahead of time that (law enforcement officers) are going to be listening and spending a little extra time, it really can defuse a situation.”
But even in Ventura County, breakdowns can happen…
Read the rest.
Blue Ribbon Commission’s Foster Care Report…Dysfunction-Plagued $840M State Medical Prison…Judge Orders CA to Limit Pepper Spray & Isolation of Mentally Ill Prisoners…LA News Group Backs McDonnell for SheriffApril 14th, 2014 by Taylor Walker
CALIFORNIA MEDICAL PRISON STRUGGLING WITH STANDARD INMATE CARE STILL CLOSED TO NEW ADMISSIONS
In February, we linked to the LA Times reporter Paige St. John’s story about the shocking conditions inmates endured at California’s newest prison, a medical facility in Stockton. The federal receiver overseeing healthcare in California’s prisons, Clark Kelso, had halted admissions at the California Health Care Facility after an inspection team dispatched by prisoners’ lawyers found inmates in broken wheelchairs, using dirty socks to towel off, and sleeping in feces, among other horrors.
Kelso has not yet lifted the ban on new admissions, saying that the Stockton facility is still not ready.
Paige St. John takes a closer look at conditions within the $840 million medical prison and what it will take to turn things around. Here’s how it opens:
California’s $840-million medical prison — the largest in the nation — was built to provide care to more than 1,800 inmates.
When fully operational, it was supposed to help the state’s prison system emerge from a decade of federal oversight brought on by the persistent neglect and poor medical treatment of inmates.
But since opening in July, the state-of-the-art California Health Care Facility has been beset by waste, mismanagement and miscommunication between the prison and medical staffs.
Prisoner-rights lawyer Rebecca Evenson, touring the facility in January to check on compliance with disabled access laws, said she was shocked by the extent of the problems.
“This place was supposed to fix a lot of what was wrong,” she said. “But they not only were not providing care, but towels or soap or shoes.”
Reports filed by prison staff and inmate-rights lawyers described prisoners left in broken wheelchairs and lying on soiled bedsheets. At one point, administrators had to drive into town to borrow catheters from a local hospital.
Prisoner advocates in January quoted nurses who complained they could not get latex gloves that fit or adult diapers that didn’t leak. The shortages were documented in a report sent to corrections officials in Sacramento.
Even the laundry became a battleground.
Over several months, the warden ordered more than 38,000 towels and washcloths for a half-opened prison housing slightly more than 1,300 men — nearly 30 for each patient.
Even so, prisoner advocates reported, inmates were drying off with socks — or not allowed showers at all. Their towels had been thrown away.
Deborah Hoffman, a spokeswoman for the state Department of Corrections, said problems are unavoidable for any new lockup, and in this case were complicated by the medical prison’s mission.
“It’s not uncommon for new facilities to have stops and starts,” Hoffman said, adding that “it is taking time to work out the bugs.”
But J. Clark Kelso, the court-appointed federal overseer for California’s prison medical system, said the facility’s woes go beyond shortages and missteps.
Speaking outside a March legislative hearing on the prison’s struggles, Kelso said a general apathy had set in with the staff.
“Because these really basic systems weren’t working, everybody kind of went into an island survival pattern,” he said. Adjusting to dysfunction, rather than fixing it, became “how we do things around here.”
The troubles at the new prison outside Stockton reflect the decade-long battle for control of California’s prisons, a system that also is the state’s largest medical care provider.
Read the rest of this complex but worthwhile story.
The above video by The Record of the California Health Care Facility’s dedication ceremony provides an interesting contrast between the prison’s design and original mission, and the current state of mismanagement and dysfunction as reported by Paige St. John.
MORE ON THE BLUE RIBBON COMMISSION’S FINAL REPORT ON THE PLIGHT OF FOSTER CARE IN LA COUNTY
On Friday, we pointed to the Blue Ribbon Commission on Child Protection’s impending report declaring Los Angeles child welfare in a “state of emergency.” Here are a few other items we didn’t want you to miss:
LA Daily News’ Christina Villacorte had this excellent story late last week about the commission’s preliminary report. (The commission will present the final report to the Board of Supervisors on April 19.) Here are some clips:
“The commission believes that there is a state of emergency that demands a fundamental transformation of the current child protection system,” it said in its final report…
According to the report:
• “The commission heard testimony that infants spend hours on the desks of social workers due to a shortage of foster homes;
• “Many children do not receive the minimally required monthly visits by caseworkers;
• “Many youth reported to the commission that they could not even reach or trust their social worker;
• “Testimony included widespread reports of rude or dismissive treatment, a feeling of re-victimization.”
“In eight months of hearing hundreds of hours of testimony, the commission never heard a single person defend the current child safety system,” it said in its report.
But a spokesman for the county Department of Children and Family Services stressed its social workers are “beyond competent.”
“We save lives every day,” Armand Montiel said in an interview, pointing out DCFS investigates reports of abuse or neglect involving about 150,000 children annually while also serving about 35,000 children who have been taken from their own homes because of abuse or neglect.
He said “very, very few” of the DCFS’s active cases end in tragedy.
Commission chairman David Sanders — who headed the DCFS before becoming an executive at a nonprofit foundation — criticized the county’s child protection system for not having an integrated approach and reacting to crises instead of preventing them.
He urged the board to issue a mandate that child safety is a top priority, and to direct its various departments — DCFS, Sheriff, Public Health, Mental Health, Health Services, Public Social Services, Housing, Probation, Office of Education and various other agencies — to strategize together and blend funding streams, overseen by a new Office of Child Protection with the authority to move resources and staff across relevant departments.
On KPCC’s Take Two, Daniel Heimpel, founder of Fostering Media Connections, also provides some insights into the report and its implications, while while taking a stand for the many DCFS employees doing “good work.” Take a listen.
Among its many recommendations, the commission calls for an independent “Office of Child Protection” to rise above the bureaucracy and coordinate resources and staff across government departments to better serve LA’s most vulnerable.
An LA Times editorial reminds us that this is not a new idea. It is one that has been revisited every year since 2010 by the Board of Supervisors. But nothing has ever come of it. According to the editorial, the Board of Supervisors, creator of the Blue Ribbon Commission on Child Protection, is, itself, part of the problem.
FEDERAL JUDGE ORDERS CALIFORNIA CORRECTIONS DEPT. TO CHANGE ITS USE OF PEPPER SPRAY AND ISOLATION ON MENTALLY ILL PRISONERS
On Thursday, U.S. District Court Judge Lawrence Karlton ruled that California’s use of pepper spray and solitary confinement on mentally ill inmates violates their rights against cruel and unusual punishment. Karlton gave the state 60 days to revise its policies regarding both practices. (Judge Karlton is also a member of the three-judge panel that ordered the state to reduce its prison population.)
The AP’s Don Thompson has the story. Here’s a clip:
[Judge Karlton] offered a range of options on how officials could limit the use of pepper spray and isolation units when dealing with more than 33,000 mentally ill inmates, who account for 28 percent of the 120,000 inmates in California’s major prisons.
The ruling came after the public release of videotapes made by prison guards showing them throwing chemical grenades and pumping large amounts of pepper spray into the cells of mentally ill inmates, some of whom are heard screaming.
“Most of the videos were horrific,” Karlton wrote in his 74-page order.
Corrections department spokeswoman Deborah Hoffman said prison officials are reviewing the order.
Prison officials had already promised to make some changes in how much pepper spray they use and how long mentally ill inmates can be kept in isolation, but attorneys representing inmates said those changes did not go far enough.
Karlton gave the state 60 days to work with his court-appointed special master to further revise its policy for using force against mentally ill inmates.
The inmates’ attorneys and witnesses also told Karlton during recent hearings that the prolonged solitary confinement of mentally ill inmates frequently aggravates their condition, leading to a downward spiral.
Karlton agreed, ruling that placement of seriously mentally ill inmates in segregated housing causes serious psychological harm, including exacerbation of mental illness, inducement of psychosis, and increased risk of suicide.
Karlton ordered the Department of Corrections and Rehabilitation to develop a plan to keep mentally ill inmates out of segregation units when there is a substantial risk that it will worsen their illness or prompt suicide attempts.
He found that keeping mentally ill inmates in isolation when they have not done anything wrong violates their rights against cruel and unusual punishment. He gave the state 60 days to stop the practice of holding mentally ill inmates in the segregation units simply because there is no room for them in more appropriate housing.
LA NEWS GROUP BACKS JIM MCDONNELL FOR LOS ANGELES COUNTY SHERIFF
The Los Angeles News Group (LA Daily News, Long Beach Press-Telegram, etc.) editorial board has officially endorsed Long Beach Police Chief Jim McDonnell for LA County Sheriff. (It will be interesting to see what the LA Times does.) Here’s a clip:
[The] new leader must be someone with experience running a law-enforcement agency, a clear eye for problems and the credibility to fix them.
Of the seven men running, one has that combination of qualities: Jim McDonnell.
The 54-year-old McDonnell has the most glittering resume, having served as second in command to former L.A. Police Chief Bill Bratton before leaving the L.A. Police Department for his current position as Long Beach police chief.
Beyond that, McDonnell has tackled reforms before. With the LAPD, he was a major force in transforming the force in the wake of the Rampart corruption scandal. In 2011 and 2012, he served on the Citizens’ Commission on Jail Violence that issued a 200-page report detailing more than 60 recommendations for the Sheriff’s Department and its jail division; every other member of the commission has endorsed McDonnell for sheriff.
The five candidates who are veterans of the Sheriff’s Department hierarchy insist the next sheriff will need an insider’s knowledge to be able to quickly identify the trouble spots in the gigantic agency, which boasts 18,000 employees, including 9,000 with deputy badges. But McDonnell makes a good point in response: As an outsider, he told the editorial board, “I think I’ll come in and see things that it’ll take others longer to see.”
He’ll have to live up to that…
LAPD Wilshire Station Shooting, Debunking the “Superpredator,” Breaking the Cycle of Repeat Victimization…and MoreApril 8th, 2014 by Taylor Walker
GUNMAN OPENED FIRE IN LAPD WILSHIRE STATION, INJURED AN OFFICER
An LAPD officer was wounded in a shooting Monday night at the Wilshire station.
An unnamed gunman walked through the front doors and shot at two desk officers in the lobby. The officers returned fire and took down the gunman. One officer was shot seven times according to Chief Charlie Beck, but was saved by his vest and only sustained a shoulder wound. The gunman is in critical condition.
We’ll let you know as we know more. Our best wishes are with the officer and his family.
Jason Kandel, Andrew Blankstein and Beverly White have the story for NBC4. Here’s a clip:
A Los Angeles officer was shot and wounded by a gunman who walked into a police station lobby with “a complaint” and opened fire, officials said.
The officer, a seven-year veteran of the LAPD, was shot seven times – three times in the vest and four times in his extremities, officials said. He was taken to Cedars-Sinai Medical Center.
“He is in great spirits,” LAPD Chief Charlie Beck said outside the hospital. “Remarkable young man. Very, very lucky.”
The gunman was taken to the hospital in critical condition, Kato said.
The violence broke out at 8:30 p.m. at the LAPD’s West Traffic Division, which is housed in the Wilshire Division, in the Mid-City area of LA.
HISTORY OF THE “SUPERPREDATOR” OF THE 90′S
In the early 90′s a wave of teen violence prompted some criminologists and political scientists to forecast the emergence of a new breed of children—”superpredators”—impulsive kids without compassion who would commit innumerable violent crimes.
Their fear-mongering was perpetuated by many news sources and politicians, and prompted a string of reactionary and harmful juvenile justice laws across the country.
But instead of a horde of “superpredator” children, Department of Justice data showed that the teenage violent crime rate actually dropped a whopping two-thirds from 1994 to 2011.
As part of the RetroReport documentary series, the NY times has a video (above) and story by Clyde Haberman about the rise and fall of the “superpredator” mania and its repercussions. Here’s how it opens:
As the police and prosecutors in Brooklyn tell it, Kahton Anderson boarded a bus on March 20, a .357 revolver at his side. For whatever reason — some gang grudge, apparently — he pulled out the gun and fired at his intended target. Only his aim was rotten. The bullet struck and killed a passenger who was minding his own business several rows ahead: Angel Rojas, a working stiff holding down two jobs to feed his family of four.
Not surprisingly, the shooter was charged with second-degree murder. Not insignificantly, prosecutors said he would be tried as an adult. Kahton is all of 14.
That very young people sometimes commit dreadful crimes is no revelation. Nor is the fact that gang members are to blame for a disproportionate amount of youth violence in American cities. But it is worth noting that in Kahton’s situation, no one in authority or in the news media invoked a certain word from the past with galvanic potential. That word is “superpredator.”
Had this Brooklyn killing taken place 20 years ago, odds are that some people would have seized on it as more evidence that America was being overwhelmed by waves of “superpredators,” feral youths devoid of impulse control or remorse.
Their numbers were predicted as ready to explode cataclysmically. Social scientists like James A. Fox, a criminologist, warned of “a blood bath of violence” that could soon wash over the land. That fear, verging on panic, is the subject of this week’s segment of Retro Report, a series of video documentaries that examine major news stories from years ago and explore what has happened since.
What happened with the superpredator jeremiads is that they proved to be nonsense. They were based on a notion that there would be hordes upon hordes of depraved teenagers resorting to unspeakable brutality, not tethered by conscience. No one in the mid-1990s promoted this theory with greater zeal, or with broader acceptance, than John J. DiIulio Jr., then a political scientist at Princeton. Chaos was upon us, Mr. DiIulio proclaimed back then in scholarly articles and television interviews. The demographics, he said, were inexorable. Politicians from both major parties, though more so on the right, picked up the cry. Many news organizations pounced on these sensational predictions and ran with them like a punt returner finding daylight.
But a funny thing happened on the way to the apocalypse. Instead of exploding, violence by children sharply declined. Murders committed by those ages 10 to 17 fell by roughly two-thirds from 1994 to 2011, according to statistics kept by the Justice Department’s Office of Juvenile Justice and Delinquency Prevention. Mugged by reality, a chastened Mr. DiIulio has offered a mea culpa. “Demography,” he says, “is not fate.” The trouble with his superpredator forecast, he told Retro Report, is that “once it was out there, there was no reeling it in.”
REDUCING REPEAT VICTIMIZATION IN CALIFORNIA
Many Californians who experience repeat victimizations do not take advantage of trauma services according to a new report by Heather Warnken of Chief Justice Earl Warren Institute of Law and Social Policy at UC Berkeley (and commissioned by Californians for Safety and Justice). Prolonged and repeated victimization can have long-term, serious psychological consequences.
The report calls for things like increased access to trauma services in spaces that are not justice-system affiliated, and building trust between communities and law enforcement with officer training.
Here are the report’s key findings and recommendations:
The report led to the following key findings:
Many repeat victims do not access trauma services.
Repeat victims who utilized services often accessed them much later – often for reasons other than the original crime.
The failure or inability of a survivor to report a crime to law enforcement can jeopardize their ability to access services.
The collateral consequences to survivors grow without effective services and stability.
The report recommends:
Increasing state support for a diversity of trauma-recovery services, including more options in communities and at venues unaffiliated with the justice system;
Building trust with law enforcement through training and other methods to address the perceived “empathy divide;”
Allowing for multi-disciplinary, trauma-informed first-response teams; and
Promoting resource and referral counseling, and access to job-support, transitional housing and other longer-term resources necessary for stabilization.
KPPC’s Rina Palta has more on the report.
THE PROBLEM WITH PUNISHING INDIVIDUALS FOR CRIMINAL JUSTICE FAILURES
Criminal justice errors are not uncommon: prosecutorial misconduct and coerced false confessions land innocent people behind bars, and preventable deaths and injuries can and do occur in jails and prisons.
Stephen Handelman, executive editor of the Crime Report, says that targeting and punishing the rogue prosecutor or the jail guard who neglected the medical needs of an inmate does not actually do anything to fix the system that allowed the error.
By using a system-based approach to prevent misdeeds—like medical field uses—real and lasting reform can occur. Here’s how it opens:
Who should be blamed when an innocent person goes to prison? Or when an inmate with un-addressed mental health problems commits suicide?
If you just looked at newspaper headlines, or listened to angry legislators or advocacy groups, the answers seem simple.
There’s usually some “bad apple” —an overzealous prosecutor or careless jail guard—to pin the blame on.
But the problem with simple answers is that they can be misleading.
Especially when catastrophic mistakes such as a lifetime spent in prison for a crime that you didn’t commit— or even comparatively minor injustices, such as an innocent suspect who pleads guilty for lack of a good attorney—seem to recur throughout our criminal justice system.
According to the National Registry of Exonerations, by the end of 2013, 1,272 individuals were freed from prison after being found innocent of the crimes for which they were convicted.
Some believe this represents only a small percentage of those wrongfully behind bars today, since this figure is the result of painstaking work by the still-small “innocence movement” and relates mostly to serious criminal charges, such as murder.
Are they right? To what extent are our overloaded and resource-strained courts, prisons and jails evidence of flaws in the administration of justice rather than crime rates?
It’s entirely possible that system errors and oversights are “destroying tens of thousands of lives every year,” suggests Dr. Lucian Leape of the Harvard School of Public Health.
Dr. Leape admits he’s no criminal justice expert, but he’s worth listening to.
A few decades earlier, Dr. Leape discovered that mistakes in surgical and hospital care, which inadvertently killed thousands of patients annually, were preventable by addressing systemic flaws rather than by focusing on the actions of individual doctors or nurses.
For instance, putting two different types of medicines in packages that look almost identical could cause a hurried, stressed surgeon to reach for the wrong package, with disastrous results for a patient.
“We make mistakes because we’re human,” says Leape. “But punishing errors won’t work, especially when they’re unintended. You’ve got to quit trying to change (people) and change the system.”
The work of Leape and others led to the creation of the National Patient Safety Foundation, which established a template for detecting and correcting the often-overlooked errors in procedure or lapses in judgment that produce fatal results.
Leape’s estimate of the impact of criminal justice system errors is based on his own experience of the similarly complex and occasionally dysfunctional U.S. medical system. But we don’t have to accept his judgment alone.
Last weekend, some of the nation’s leading criminal justice players and scholars came to much the same conclusion during a two-day conference organized by the Quattrone Center for the Fair Administration of Justice at the University of Pennsylvania Law School.
“If you limit yourself to going after the bad cop, the drunken sleepy lawyer, the corrupt judge, (you’re not affecting) the conditions that created them,” the conference was told by James Doyle, a Boston attorney who, as a recent National Institute of Justice (NIJ) fellow, helped spearhead a “systems approach” to correcting mistakes in justice.
A QUICK RUNDOWN OF THE SHERIFF CANDIDATE DEBATE ON SUNDAY NIGHT
Sunday night, Los Angeles Sheriff candidates (minus Bob Olmsted) squared off in the latest debate. Sheriff hopefuls discussed deputy cliques and “bad behavior.”
The LA Times’ Cindy Chang has more on the debate. Here’s a clip:
Seeking to distance himself from the problems that led his former boss to resign, a candidate for Los Angeles County sheriff offered to roll up his pants and prove he does not have a tattoo.
Patrick Gomez’ offer at a debate in Pasadena on Sunday was followed by a challenge from the moderator to the other candidates — not necessarily to show skin but to say whether they had ever been members of a Sheriff’s Department clique.
Under former Sheriff Lee Baca, deputies allegedly formed cliques with names like “Grim Reaper” and “Regulators,” using tattoos to cement membership bonds. One clique, the “Jump Out Boys,” allegedly modified its tattoos to celebrate the shootings of suspects.
At Sunday’s debate, retired undersheriff Paul Tanaka admitted to having a tattoo from the Lynwood Vikings clique. When deputies first started acquiring ink in the 1980s, the tattoos were just that — tattoos, he said.
“Yes, I do have a tattoo. No, I never was part of a gang,” Tanaka said. “It did not become sinister until years later. If I knew then what I know now, I would have gotten a different tattoo.”
Todd Rogers, an assistant sheriff, said he was invited to join a clique and refused.
Deputies who were not members were “treated like second-class citizens,” said Rogers, who joined the department 29 years ago. “Anybody who denies it is living in fantasyland, and I don’t mean the one at Disneyland.”
The next debate will be tonight (Tuesday) at Loyola Marymount University. (More info here.)
Saving Kilpatrick, LA County to Request More $$ for Foster Kids’ Lawyers, Stop-and-Frisk, Sheriff’s Dept. Values…and MoreApril 2nd, 2014 by Taylor Walker
MORE ON THE CAMP KILPATRICK SPORTS CAMP STORY
When it became clear that the scheduled demolition and renovation of the physical camp did not include space for the popular sports program, advocates, parents, and coaches rallied to save the camp. A study was ordered to measure the effectiveness of the program. Two years later, the study has come in and found that the sports program does indeed measurably help kids in a multiplicity of ways.
Now, Probation Chief Jerry Powers has come up with a plan to save the program and relaunch it for the fall 2014 sports season at the Challenger Memorial Youth Center camp in the Antelope Valley.
In the course of the study, researchers interviewed former Kilpatrick kids on various aspects of the program, including what they liked about it, and areas they thought could use improvement. The LA Times’ Sandy Banks takes a fresh look at the study, and includes quotes from the kids’ interviews. Here’s a clip:
The sports study — which looked at Los Angeles County probation records for hundreds of youths — offers a troubling snapshot of young lives.
Many of the boys had gang associations. Most came from unstable homes or were in foster care. Nine in 10 had substance abuse issues; almost as many had mental health problems. Almost all were failing, acting out or not showing up for school. Two-thirds had been in trouble with the law before. Their most recent offenses included robberies, assaults and weapons violations.
The study was not able to prove that the athletes did better in the long term than youths who were not on the teams. But there was a clear improvement in school attendance and performance. However when it came to returning to crime, or recidivism, the athletes did better only for the first six months of freedom.
“Clearly, there’s a positive impact,” said Cal State L.A. professor Denise Herz, the research team leader. “But the key is, they go back into the same environment… without much support.”
The interviews with former athletes described lives of constant upheaval, and explained how the sports teams filled gaps in their upbringing.
There was discipline there, where there was no discipline at home. The coaches… they worked with us, they tried to keep us motivated, I mean I still call them to this day.
To have that male figure around you that can give you a man’s perspective, and to hear a man’s voice. You know what I’m saying? It’s priceless.
Does the Kilpatrick sports model inoculate young men against the lure of the streets? Certainly not. But it can clear vision muddied by history and teach important life skills.
Probation department officials recognize that. Last week, they announced that the sports program won’t be disbanded but will move to the Challenger Memorial Youth Center camp in the Antelope Valley. Teams will resume play in their California Interscholastic Federation league this fall.
Go read the rest.
LA COUNTY SUPES TO LOBBY SACRAMENTO FOR EXTRA FUNDING FOR OVERBURDENED LAWYERS REPRESENTING FOSTER KIDS
On Tuesday, the LA County Board of Supervisors unanimously voted to lobby the state capital to allocate an extra $33.1 million in funding for lawyers appointed to foster children across California.
In LA County, these lawyers, like social workers, are spread far too thin, and are responsible for nearly twice the maximum number of cases recommended by the Judicial Council of California.
KPCC’s Rina Palta has the story. Here’s a clip:
With about 30,000 children in the foster care system in Los Angeles, each attorney is responsible for an average of 308 cases, said Leslie Heimov, executive director of the nonprofit Children’s Law Center, which provides attorneys to all foster kids in L.A. and Sacramento counties.
That’s nearly double the maximum caseload of 188 per attorney recommended by the Judicial Council of California. The optimal caseload would be 77 children per attorney.
“It’s huge, more than ‘a lot,’ if you look at the recommendations from various entities,” Heimov said.
She said the sky-high caseloads are a result of budgets not keeping up with growing numbers of children in foster care.
The numbers make it difficult for attorneys to advocate for the best interests of the children, she said, and turnover among attorneys has increased.
“Attorneys don’t have any time to do anything but the absolute bare minimum, instead of the maximum, and that’s not how any of us want to practice,” Heimov said. “So it also has a significant impact on burnout.”
Judge Michael Nash, the presiding judge of LA county’s juvenile court, says that the money will help, but it’s not enough:
The only long term solution, in Nash’s opinion, is reducing the number of kids in the foster care system.
“More of these cases could be resolved effectively outside of the court system,” Nash said. “The courts should not be the first resort for these issues.”
A FATHER’S TAKE ON STOP-AND-FRISK
In a compelling piece for the Atlantic, Christopher E. Smith (a criminal justice professor at Michigan State), a white man with a black son and in-laws, tells of the impact of stop-and-frisk on his family members of color, and of the constant state of fear he lives in for the safety of his son. Here’s how it opens:
When I heard that my 21-year-old son, a student at Harvard, had been stopped by New York City police on more than one occasion during the brief summer he spent as a Wall Street intern, I was angry. On one occasion, while wearing his best business suit, he was forced to lie face-down on a filthy sidewalk because—well, let’s be honest about it, because of the color of his skin. As an attorney and a college professor who teaches criminal justice classes, I knew that his constitutional rights had been violated. As a parent, I feared for his safety at the hands of the police—a fear that I feel every single day, whether he is in New York or elsewhere.
Moreover, as the white father of an African-American son, I am keenly aware that I never face the suspicion and indignities that my son continuously confronts. In fact, all of the men among my African-American in-laws—and I literally mean every single one of them—can tell multiple stories of unjustified investigatory police stops of the sort that not a single one of my white male relatives has ever experienced.
In The Atlantic’s April feature story “Is Stop-and-Frisk Worth It?” author Daniel Bergner cited Professor Frank Zimring’s notion that stop-and-frisk is “a special tax on minority males.” I cannot endorse the conclusion that this “special tax” actually helps make communities safer. As indicated by the competing perspectives in Atlantic essays by Donald Braman and Paul Larkin, scholars disagree on whether crime rate data actually substantiate the claims of stop-and-frisk advocates. Either way, I do believe that the concept of a “special tax” deserves closer examination.
Proponents of stop-and-frisk often suggest that the hardships suffered by young men of color might be tolerable if officers were trained to be polite rather than aggressive and authoritarian. We need to remember, however, that we are talking about imposing an additional burden on a demographic that already experiences a set of alienating “taxes” not shared by the rest of society.
I can tell myriad stories about the ways my son is treated with suspicion and negative presumptions in nearly every arena of his life. I can describe the terrorized look on his face when, as a 7-year-old trying to learn how to ride a bicycle on the sidewalk in front of our suburban house, he was followed at 2-miles-per-hour from a few feet away by a police patrol car—a car that sped away when I came out of the front door to see what was going on. I can tell stories of teachers, coaches, and employers who have forced my son to overcome a presumption that he will cause behavior problems or that he lacks intellectual capability. I can tell you about U.S. Customs officials inexplicably ordering both of us to exit our vehicle and enter a building at the Canadian border crossing so that a team of officers could search our car without our watching—an event that never occurs when I am driving back from Canada by myself.
If I hadn’t witnessed all this so closely, I never would have fully recognized the extent of the indignities African-American boys and men face. Moreover, as indicated by research recently published in the American Journal of Preventive Medicine, the cumulative physical toll this treatment takes on African-American men can accelerate the aging process and cause early death. Thus, no “special tax” on this population can be understood without recognizing that it does not exist as a small, isolated element in people’s lives…
THE IMPORTANCE OF AN OBSERVED SHERIFF’S DEPARTMENT VALUE SYSTEM
On Monday, we pointed to a lawsuit filed last week alleging sexual assault by an LASD deputy clique called the “Banditos,” and sheriff candidate James Hellmold’s prank call (in which he seemed to use a South Asian accent).
An LA Times editorial says that, in the wake of these controversial stories (and previous scandals), campaigning sheriff candidates should focus on their own value systems and how they plan to make sure their standards are followed by the rank and file. Here are some clips:
Each Los Angeles County sheriff’s deputy is supposed to carry a card at all times that sets forth the department’s core values, embodied in a single sentence pledging respect, integrity, wisdom and “the courage to stand against racism, sexism, anti-Semitism, homophobia and bigotry in all its forms.”
The card has been variously called inspirational and plain silly, but if it’s silly, its silliness lies not in the values expressed but in the notion that words on a card could, by themselves, imbue deputies with values that they do not already hold or that are not instilled in them in training and reinforced each day on the job.
News reports and anecdotal tales of inmate abuse, the hazing of new deputies and disrespect paid to the communities it is supposed to protect suggest that the department has a long way to go to make its core values more than words on a card.
There is a danger that the departure of Sheriff Lee Baca under a cloud created by his own mismanagement could be taken by those vying to replace him as an invitation to throw out everything he brought with him — the good as well as the bad, the vision as well as the often-sloppy implementation, the values as well as the card.
The sheriff is one of only three officials elected countywide to represent 10 million people, and the only one with uniformed officers acting as ambassadors to every corner of the county. They will be emissaries either for a system of gang-like cliques and frat-like pranks or for a culture of dignity and respect…
AND IN LA TIMES-RELATED NEWS…
Robert Faturechi will no longer be covering the LASD for the LA Times. We will miss his fine and important reporting.
He has passed the torch to Cindy Chang, who previously covered immigration and ethnic culture. Welcome, Cindy!
Faturechi tweeted the news on Tuesday:
Robert Faturechi @RobertFaturechi
there’s a new sheriff (reporter) in town. I’ll be helping out for a couple more weeks, but @cindychangLA is now covering LASD.
A QUICKIE NOTICE…
I’ll be on Peter Tilden’s show tonight, Tuesday, a on KABC 790. The show starts at 9 pm, but I should be on minute or two after 10 pm. talking about the Los Angeles Sheriff’s Department, former sheriff Lee Baca and more.
So tune in! It should be interesting!
UPDATE: I had fun talking with Peter (who makes being interviewed easy).
Here’s a link to the podcast.
Restorative Justice Transforms Colorado High School, Recommended Longreads, $6.4M for a Wrongful Murder Conviction…and MoreFebruary 21st, 2014 by Taylor Walker
REPLACING HARSH SCHOOL DISCIPLINE WITH CONFLICT RESOLUTION
Once consumed by chronic suspensions and expulsions, Hinkley High School in Aurora, Colorado has seen significant success using a “restorative justice” student discipline model. (We’ve pointed to other schools successfully swapping zero-tolerance policies for practices that foster positive behavior changes and keep kids in class—here, and here.)
The above PBS NewsHour video and transcript can be found here.
LIFE AS AN LAPD TRAINEE, AND A SQUAD BUILT TO FOSTER GOOD POLICE-COMMUNITY RELATIONSHIPS IN THE JORDAN DOWNS PROJECTS
This week the LA Times featured two longform stories we didn’t want you to miss. Both are a testament to the value of narrative journalism’s ability to communicate the things standard reporting cannot.
For several years, Joel Rubin and photographer Brian van der Brug followed a class of LAPD recruits, from their first day in the academy, through graduation, and beyond.
Here’s how it opens (read the rest and watch the video by van der Brug):
Before they hit the streets as new cops, the recruits took a final run together.
It was a fitting end, given all the miles they had logged over the last six months. In a few days, they would graduate from the Los Angeles Police Department’s training academy and scatter to stations throughout the city for their rookie years.
On this misty morning in November 2010, they sang like soldiers do as they jogged from a training facility near LAX to the beach. “Everywhere we go, people want to know who we are. So we tell them, ‘We are the LAPD! Best department in the world!’”
In the front was Clay Bell, a young ex-Marine from Texas who had emerged early as the class leader. In the pack behind him, Ed Anderson sang the loudest. At 46, Anderson was the oldest in the class and the most unlikely cop among them. Vanessa Lopez lagged in the back. Lopez hated running. Barely cracking 5 feet, she had come to the LAPD after the Army told her she was too short to be a helicopter pilot. The LAPD had helicopters.
“Up early with the California sun. Pride run! Last run! Oh, yeah! Almost done!”
They arrived at a bluff overlooking the Pacific and scrambled down to the beach. They stared out onto the water, each of them lost for a moment in their own thoughts. The quiet was broken when a few charged into the water. Others who held back were tossed in. Anderson walked up to Lopez. Still dry, she crossed her arms and shook her head.
They had come to the academy from different worlds — she was a Mexican American from Compton, Anderson a father of two from a wealthy Bay Area town.
They had forged a tight bond over the one thing they had in common: They wanted to be LAPD cops.
“It feels like we’re just getting started,” Anderson said. “Like the hard part is only about to begin.”
In the other LAT longread, Kurt Streeter follows an experimental LAPD squad created to build positive relationships with the community of Jordan Downs, a 700-unit public housing project in Watts. Here’s how it opens:
Officers Keith Linton and Otis Swift stopped their patrol car, rolled down a window and motioned to a hoodie-wearing teenager. In this part of South L.A., such encounters can be tense — or worse.
“Hey, Linton. Hey, Swift,” the teen said. “How y’all doing?”
“Doing good, my man,” Linton replied, launching into a conversation about basketball.
Similar scenes played out all afternoon as the cops worked their beat in Jordan Downs, a housing project in Watts with a violent reputation and a history of ill will between residents and police.
Part of an experimental LAPD squad trying to bring a softer style of policing to the area, Linton and Swift didn’t make arrests or issue tickets. Instead they greeted every resident they could — even giving respectful nods to the gang members hanging out in an area known as the “parolee lot.”
“We haven’t had anyone cussing us out and no one has flipped us the middle finger,” Swift said. “Around here, that’s progress. Not long ago we’d pop in, make an arrest…. We were the invading army.
“We’ve found out that way doesn’t work.”
Jordan Downs, once predominantly African American, is now mostly Latino. More than half its adult residents are unemployed, only two in 100 have college degrees and the average family earns about $1,250 a month. It is home turf for the Grape Street Crips, whose reputation largely defines the development’s identity and whose blood-soaked feuds with rival gangs created the feel of a war zone.
But Los Angeles officials are pinning their hopes on a transformation. They have launched a nearly $1-billion plan to tear down all 700 units and replace them with up to 1,800 mixed-income apartments and a shopping center. The hurdles are significant. The plan leans partly on federal funds that may not materialize. And a parcel of land slated for construction needs cleanup after the discovery of lead and arsenic in the soil.
Anticipating that a makeover eventually will occur, the city’s housing authority is attempting to change the culture of Jordan Downs. The idea is to fill the new buildings with residents who have a fresh outlook and brighter prospects. The authority has poured at least $6 million into programs like job training classes, gang intervention and support groups for parents.
It also wants to do what would have been unthinkable just a few years ago: heal the community’s relationship with police…
MAN EXONERATED AFTER 23 YEARS IN PRISON GETS COMPENSATED $6.4M
A New York man who spent 23 years in prison on a wrongful murder conviction will receive a $6.4 million settlement from New York City.
Former detective Louis Scarcella allegedly manufactured David Ranta’s confession and coerced witnesses to lie about Ranta’s involvement in the murder. And Ranta may not be the only victim. Brooklyn DA Kenneth P. Thompson has created a panel to review more than 50 of Scarcella’s suspiciously obtained convictions. (Go here for WLA’s previous post on the issue.)
The NY Times’ Frances Robles has the story. Here’s how it opens:
A $150 million claim filed last year by the man, David Ranta, was settled by the city comptroller’s office without ever involving the city’s legal department — which the lawyers involved in the negotiations described as a “groundbreaking” decision that acknowledged the overwhelming evidence the city faced.
The comptroller’s quick acceptance of liability in the high-profile conviction is also significant because the case is the first of what is expected to be a series of wrongful conviction claims by men who were sent to prison based on the flawed investigative work of the detective, Louis Scarcella, who has been accused of inventing confessions, coercing witnesses and recycling informers.
“While no amount of money could ever compensate David for the 23 years that were taken away from him, this settlement allows him the stability to continue to put his life back together,” Mr. Ranta’s lawyer, Pierre Sussman, said. “We are now focusing our efforts on pursuing an unjust conviction claim with the State of New York.”
CREATING AN EFFECTIVE LASD COMMISSION
In part three of his editorial series this week, LA Times’ Robert Greene says the Board of Supervisors should consider the structure of the LA Police Commission and the board of the Metropolitan Transportation Authority when (and if) they create independent oversight of the embattled sheriff’s department.
The format cannot be exactly the same as either. Nor would it be as powerful: the sheriff (unlike the police chief) is an elected leader, and answers to the public. But, Greene says, bits and pieces can, and should, be taken from both the LAPD commission and MTA oversight models to build an influential LASD commission that is more than just an extension of the Board of Supervisors.
Here are some clips:
The city commission actually heads the LAPD and has an essential role in the mayor’s selection of a chief. It conducts weekly sessions which the police chief skips at his peril, and the chief or his staff must answer commissioners’ questions, usually in public although sometimes in closed session.
The commission has its own staff, including an inspector general who is independent from the chain of command. The commission is in some sense the eyes and ears of the mayor, who appoints the members as well as the chief. But because it holds its sessions regularly and mostly in public, and because the chief must appear, present documents, and answer questions as demanded, the commission is also the eyes and ears of the public.
And because the chief knows that in reporting to the mayor, the commissioners have a loud voice in determining whether the chief gets appointed to a second term, the body’s oversight of the Police Department is genuine.
No sheriff’s oversight commission could have any such voice in a second, third or any term for an independently elected sheriff, at least not under current law, and it could only request, not demand, that the sheriff appear and produce documents. How, then, could it exercise genuine oversight?
On its own, the Board of Supervisors can push forward with reforms, as it did with some recommendations offered over the last two decades in 33 substantive reports on the Sheriff’s Department by Special Counsel Merrick Bobb; or it can ignore them, as it did with many others. The task is to make the commission more than just the eyes and ears of the board; like the Police Commission, it must be the eyes and ears of the public.
Because it lacks the Police Commission’s formal power, it must be adept at using moral suasion and focusing public attention; and to do that it must have the credibility of a body that transcends the Board of Supervisors and is not merely the board’s proxies.
(Read the rest of Greene’s suggestions here.)
Homeboy Needs Funding to Continue Crucial Services…Cams in LA Jails a Success…More LASD Indictments?…and Drug Sentencing Reform and the State of the UnionJanuary 27th, 2014 by Taylor Walker
HOMEBOY INDUSTRIES FORESEES MORE LAYOFFS WITHOUT DESPERATELY NEEDED FUNDING
Of late, it has become a distressing fact of LA County life that, for all the indispensable work done by Homeboy Industries—the respected gang recovery program that for over 25 years has helped thousands of men and women find healthy alternatives to gang life—in the past few years, the program’s famous founder, Father Greg Boyle, has not been able to raise enough money keep Homeboy’s services fully afloat. As a consequence, last year, Boyle had to lay off 40 people. This year, if more government funding doesn’t find it’s way to Homeboy, an estimated 60 additional people will have to be laid off.
This doesn’t seem to prevent various LA County agencies from relying on Homeboy for services—without paying a penny in return.
This was part of the message that Boyle brought when Chairman of the Los Angeles Police Commission, Steve Soboroff, invited the priest to speak at last week’s commission meeting.
The LA Times’ Steve Lopez has the story. Here’s a clip:
For a quarter of a century, Boyle has steered boys and girls, and men and women, out of the gang life through Homeboy Industries, which offers job training, counseling, tattoo removal and more. The model Boyle built has been replicated around the country and abroad.
Here in Los Angeles, some 120,000 gang members have voluntarily asked Father Boyle for help starting over. They struggle daily against the socioeconomic forces that drew them into gang life. But Homeboy itself confronts another daily struggle.
Making ends meet.
“Our government funding has gone in the last three years from 20% of our annual $14-million budget to 3%,” Boyle told the police commissioners.
And then he had this pithy observation:
“I suspect if we were a shelter for abandoned puppies we’d be endowed by now. But we’re a place of second chances for gang members and felons. It’s a tough sell, but a good bet.”
Earl Paysinger, an LAPD assistant chief, said he shudders to think what shape the city would be in without Homeboy.
“I’m heartened that in 2012, gang-related crime has been reduced by 18% and gang-related homicide by nearly 10%,” Boyle told the commission. “And I think Homeboy has had an impact on that.”
But Boyle didn’t hide his frustration, arguing that Homeboy’s services save the public millions of dollars in reduced violence and incarceration.
“We shouldn’t be struggling this much. God love the Museum of Contemporary Art, which can raise $100 million in 10 months to endow itself,” he said. “They were so successful they moved the goal posts to $150 million, and we’re just trying to keep our heads above water.”
…this is Los Angeles, home to 22 billionaires at last count. Home to a Hollywood crowd that congratulates itself for its social conscience and, in just one night at George Clooney’s house, raised $15 million for Barack Obama — more than Homeboy’s annual budget.
CAMERAS PLACED IN LA COUNTY JAILS PROVIDE “AN OBJECTIVE EYE,” SAYS OIR REPORT
Video cameras installed in LA County jails in 2011 have proven to be greatly helpful in determining which party is telling the truth in excessive use-of-force allegations against deputies, according to a new report from the LASD watchdog, Office of Independent Review. The cameras (more than 1500 between CJ, Twin Towers, and the Inmate Reception Center) were put up amid a 2011 federal investigation into inmate abuse at Men’s Central Jail.
The LA Times’ Robert Faturechi has more on the report. Here’s a clip:
The report released by the agency’s civilian monitor Thursday found that the footage has helped to exonerate deputies who were falsely accused and build cases against those who break the rules.
“The department now has a video record of 90% of force incidents in its downtown jails and is no longer completely reliant on ‘observations’ of inmates and jail deputies,” the report by Michael Gennaco’s Office of Independent Review stated.
Dozens of cameras were installed inside the downtown Men’s Central Jail in 2011 — when the FBI’s investigation of deputy misconduct inside the lockups first became publicly known. Today there are 705 cameras in the facility, with about 840 more in the sheriff’s other downtown jail facilities, Twin Towers and the Inmate Reception Center.
Gennaco’s report found that there are still areas of the lockups that cameras don’t cover, causing shortcomings in some investigations, but that overall, use-of-force investigations have improved because of the cameras.
A multi-million dollar surveillance system for CJ was in the works all the way back in 2006, only to be abandoned by LASD officials. (You can read more in the first installment of Matt Fleischer’s “Dangerous Jails” series.) A number of cameras were purchased later, in 2010, and then tucked away in someone’s office for a year before actually being installed at Men’s Central.
In their latest report, the Office of Independent Review laments that the cameras were not put in place sooner:
…the success of the cameras causes us to question why it took so long to heed our requests for this technology. However, rather than labor to try to understand the delay, we embrace the video cameras that help us with making credibility and accountability calls that were not possible in the years during which the LA County jails did without.
ARE THERE MORE INDICTMENTS IN STORE FOR THE LASD?
Seven sheriff’s deputies have been indicted on charges they hid an inmate turned confidential informant from the FBI and then threatened the informant’s FBI handlers. But who ordered the operation? Rumors are swirling that more indictments could come down at any time. How far up the chain of command could those indictments go?
Sheriff Baca says his sudden retirement has nothing to do with the FBI investigation into his department. The question is who knew what, and when?
Sources within the Los Angeles County Sheriff’s Department tell Eyewitness News that Sheriff Baca and his former second-in-command, Paul Tanaka, were both involved in the operation to hide the FBI informant.
That informant was asked by the FBI to report on possible abuse and corruption within the jails. The scheme became known as “Operation Pandora’s Box.”
It all began in the summer of 2011 inside Men’s Central Jail, when inmate-turned-FBI-informant Anthony Brown’s cover was blown. Brown, a convicted armed robber, was caught with a contraband cellphone smuggled in by a sheriff’s deputy. Investigators quickly realized that Brown was using that phone to call the FBI.
What happened next is what led to seven of those indictments by U.S. Attorney Andre Birotte Jr.
“They took affirmative steps to hide the informant from everyone, including the FBI,” said Birotte in a news conference on December 9, 2013.
Brown was moved — allegedly hidden — for 18 days. His name was changed, records were altered and destroyed.
“These allegations are breathtaking in their brazenness,” said Peter Eliasberg, legal director of the ACLU of Southern California. The ACLU is a court-appointed monitor of the L.A. County jails.
“It’s hard for me to imagine that such a scheme took place without knowledge and authorization of the highest levels of the department,” said Eliasberg.
OBAMA SHOULD CALL FOR SENTENCING REFORM IN HIS STATE OF THE UNION, SAYS SORENSEN
In an excellent piece for the Atlantic, Juliet Sorensen, daughter of Ted Sorensen (JFK’s advisor and speech-writer) makes a case for Obama including drug-sentencing reform in his State of the Union speech on Tuesday. Here’s how it opens:
In the last week of 1963, my father, Ted Sorensen, met with President Lyndon Johnson late into the night at his Texas ranch to decide what provisions of President John F. Kennedy’s unfinished agenda to include in the upcoming State of the Union address. Last on the list was a provision for expanded federal jurisdiction over illegal drugs, which provided not only for federal criminal-law enforcement but also for expanded rehabilitation and treatment programs.
As my father recounted in his memoir, Johnson angrily brushed aside the suggestion. “Drugs? I don’t want to have anything to do with them. Just lock them up and throw away the key!” The meeting ended, and my father deleted that portion of the speech, which famously announced the War on Poverty—but kept the drug provision in Johnson’s legislative program. This led to controlled-substance and drug-addiction reform that passed with bipartisan support in Congress. Despite Johnson’s dismissal of my father’s proposal of treatment and rehabilitation, he extolled those ideas when he signed the Narcotic Addict Rehabilitation Act into law in November 1966, describing it as a “pioneering measure” that recognizes that “treating addicts as criminals neither curtails addiction nor prevents crime.”
President Obama now has a golden opportunity in his own State of the Union to confront the U.S. government’s continued struggle to effectively legislate drugs. In a January 8 statement, Obama endorsed the very same priorities articulated in LBJ’s War on Poverty and catalogued exactly 50 years ago in Johnson’s own State of the Union address. This indicates that he will also focus on income inequality—21st century lingo for entrenched poverty—in his speech on January 28. While a renewed commitment to tackling persistent poverty is laudable, Obama should also seize the moment to further another, related legislative aim of the Kennedy and Johnson Administrations: reduced sentencing for drug-law violators who are nonviolent offenders.
The stark increase in federal inmates in recent decades has overcrowded prisons, impeded rehabilitation, and cost taxpayers millions. A “lock them up and throw away the key” response to the rise of crack cocaine 30 years ago—echoing Johnson’s reaction on that December night—resulted in an 800 percent increase in the number of federal prisoners in the United States between 1980 and 2012…
To celebrate this day, three versions of A Change Is Gonna Come.
A 2013 version by a fine new voice, Amos Lee, performed at Willie Nelson’s Farm Aid concert.
An old and gorgeous version by the incomparable Ms. Aretha Franklin.
And the singular version that, in 1964, guaranteed Sam Cooke immortality.
Here’s a 2007 NPR story about Sam Cooke’s masterpiece.
See you tomorrow with lots of news.