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Youth at Risk


Holder & Duncan Shocked at Pre-School Discipline #’s….Child Abuse Deaths Up….Looking at Sheriff Candidate Bob Olmsted….and More

March 24th, 2014 by Celeste Fremon



ERIC HOLDER & ARNE DUNCAN SHOCKED AT SUSPENSION OF PRESCHOOLERS

This past Friday the Civil Rights division of the US Department of Education released a report detailing the disturbing number of suspensions and other forms of discipline in American schools. The statistics on preschool suspensions, in particular, were so high that they succeeded in shocking the US Attorney General and the Secretary of Education.

The Center for Public Integrity’s Susan Ferris has the story. Here’s a clip:

Attorney General Eric Holder and Secretary of Education Arne Duncan expressed shock at data released Thursday showing that thousands of preschool kids were suspended nationwide during the 2011-2012 school year. The suspensions fell heavily on black children, who represented 18 percent of preschool enrollment yet 48 percent of all suspensions.

“I was stunned—I was stunned—that we were suspending and expelling four-year-olds,” Duncan said at a Washington D.C. elementary school, where he and Holder discussed findings of the latest Civil Rights Data Collection by the U.S. Department of Education’s Office for Civil Rights. The survey showed that nearly 5,000 preschool students were suspended in the 2011-12 academic year.

“This preschool suspension issue is mind-boggling,” Duncan said. “And we need to as a nation find a way to remedy that tomorrow.”

Duncan said training is needed at schools that suspend large numbers of kids at all grade levels to demonstrate a “better way” of handling problem behavior. “We know there is a correlation between out-of-school suspensions and ultimately locking people up,” Duncan said. “And folks don’t like it when we talk about it. But for far too many children and communities the ‘school-to-prison pipeline’ is real.”

Here’s the report.


SAME DATA FINDS AFRICAN AMERICAN PRESCHOOLERS MUCH MORE LIKELY TO BE SUSPENDED

Jesse Holland of the Associated Press looks deeper into the racial disparities in school suspensions found in the recently-released Dept. of Education report, including suspensions in the nation’s preschools, where African American preschoolers account for a stunning 48 percent of suspensions.

Here’s a clip:

Advocates long have said get-tough suspension and arrest policies in schools have contributed to a “school-to-prison” pipeline that snags minority students, but much of the emphasis has been on middle school and high school policies. This was the first time the department reported data on preschool discipline.

Earlier this year, the Obama administration issued guidance encouraging schools to abandon what it described as overly zealous discipline policies that send students to court instead of the principal’s office. But even before the announcement, school districts have been adjusting policies that disproportionately affect minority students.

Overall, the data show that black students of all ages are suspended and expelled at a rate that’s three times higher than that of white children. Even as boys receive more than two-thirds of suspensions, black girls are suspended at higher rates than girls of any other race or most boys.


ALARMING SPIKES IN CHILD ABUSE & NEGLECT IN VARIOUS STATES

The Wall Street Journal reports about the frightening rise in child abuse deaths that is getting lawmakers to pay attention. Since the WSJ is hidden behind a pay wall, The Crime Report summarizes the story. Here’s a clip:

Seventy-eight children died in Florida last year as a result of abuse or neglect—36 of whom had prior involvement with the state Department of Children and Families, says the Wall Street Journal. The string of deaths triggered public outcry, plunged the state’s child-welfare system into crisis and led to the resignation of the agency’s secretary. Now, the Florida legislature has made overhauling the system one of its top priorities in the session that began this month. Gov. Rick Scott, a Republican seeking re-election this year, has called for nearly $40 million in additional funding. Other states and localities are embroiled in similar controversies. In Massachusetts, the September disappearance of a 5-year-old boy, who is feared dead, went unnoticed by the state’s child-welfare agency for three months, prompting the governor to order an independent review. In California, the brutal death of an 8-year-old boy allegedly abused by his caregivers led Los Angeles County supervisors to create a commission on child protection that is due to issue recommendations next month…..


KPCC’S FRANK STOLTZE PROFILES BOB OLMSTED

KPCC’s Frank Stoltze has a new profile of retired LA County Sheriff’s Department commander Bob Olmsted. That makes three candidates that Stoltze has interviewed and profiled. (He’s also done stories on candidates Jim McDonnell and James Hellmold.)

The profiles aren’t long but they’re smart, featuring those who express pros and cons on each man.

You can find the podcast here, and here’s a clip from the written version of the Olmsted story:

Whistleblowing cops usually end up as pariahs. Bob Olmsted is no different.

“I’ve got a problem with a guy who runs to the FBI,” says retired Sheriff’s Lieutenant Craig Ditsch. “We have some very good people who have been indicted.”

A federal grand jury has indicted 20 current or former sheriff’s officials on civil rights and corruption charges – in part because of Olmsted. Most of the charges relate to excessive use of force against jail inmates, or efforts to cover it up.

Now, Olmsted is using his whistleblower past to distinguish himself among the seven candidates hoping to succeed former Sheriff Lee Baca as head of one of the nation’s largest law enforcement agencies.

Olmsted once oversaw Men’s Central Jail as a commander, and went to his superior seeking to remove a problem captain. When Olmsted didn’t get the help, he went higher.

“I told my chief, ‘I’m going over your head,’” Olmsted recounts. He sounds like a worried parent when he describes the corrosive effect of bad deputies.

“Who is protecting these young guys, the good guys?” he asks. “Nobody.”

In 2011, when Baca and his former undersheriff, Paul Tanaka (now a candidate for sheriff), refused to help, according to Olmsted, he went to the FBI. Olmsted had just retired from the department.

Last summer, before Baca abruptly resigned and a slew of other candidates jumped into the race, Olmsted announced his run for sheriff. It was a bold move by a political novice against a powerful incumbent.

“It was my duty to run,” Olmsted says.

[SNIP]

While many current and former deputies loathe the idea of a whistleblower becoming sheriff, retired Commander Joaquin Herran is a proud supporter of Olmsted.

“He had the guts to go do the right thing for the right reason,” Herran says. “Other people did not.”


AND WHILE WE’RE ON THE TOPIC, HERE’S WHAT THE DAILY NEWS SAYS ABOUT THE LASD SHERIFF CANDIDATES AND THE RACE

The Daily News’ Christina Villacourte interviews experts about what the voters need to look for as they contemplate whom to choose as LA County’s new sheriff, and talks briefly to the candidate themselves.

Here’s a clip:

[Laurie] Levenson, the criminal law professor, said the new sheriff must meet stringent criteria.

“I think integrity is key,” she said. “It should be somebody who’s experienced in law enforcement, and who has the confidence of law enforcement personnel.”

“He should be a good manager, politically savvy, and with a great deal of courage to take on the different issues that confront the county — from homeland security to modern approaches toward law enforcement, even inmate rehabilitation and penal reform,” she added.

If a candidate were to win the majority of votes on June 3, the county Board of Supervisors could remove interim Sheriff John Scott, and appoint the sheriff-elect to lead the department immediately. If no candidate exceeds 50 percent, the top two would face a runoff election on Nov. 4 and the winner would be sworn in Dec. 1.

If voters choose poorly, the consequences can be costly — literally.

“County taxpayers paid about $40 million last year in settlements and jury verdicts for illegal behavior on the part of the Sheriff’s Department,” American Civil Liberties Union Legal Director Peter Eliasberg said.


Pre-art photo of preschool kids from PreschoolMatters.org

Posted in 2014 election, DCFS, Education, Foster Care, LASD, School to Prison Pipeline, Youth at Risk, Zero Tolerance and School Discipline | 34 Comments »

LA Child Sex Trafficker Pleads Guilty…Gov Brown to Increase Spending on Private Prisons…State School Board to Decide on New School District $$$ Rules…and More

January 16th, 2014 by Taylor Walker

US ATTORNEY BIROTTE ANNOUNCES GUILTY PLEA OF LOS ANGELES CHILD SEX TRAFFICKER

On Tuesday, US Attorney André Birotte’s office announced that Paul Edward Bell, an alleged member of the Rolling 60s Crips, pleaded guilty to the sex trafficking of young girls in LA. Specifically, Bell housed four girls between the ages of 15 and 17, who were recruited in the Inland Empire, and forced them to work as prostitutes in Lynwood and Compton in 2011. Bell faces 30 years in federal prison, and is the last of eight defendants convicted after an investigation by the Inland Child Exploitation/Prostitution Task Force. (The task force is made up of officers from the FBI and law enforcement agencies across Southern California.)

Here’s how the investigation began, according to the FBI’s announcement regarding Bell’s conviction (Alberti and the Rogers brothers are three of the other aforementioned defendants):

The investigation in this case began in January of 2011, when the Riverside County Sheriff’s Department learned that teenage girls attending schools in the Inland Empire were being recruited to work as prostitutes. The investigation later revealed that Alberti attended one of the schools and recruited underage females by “grooming them”—or gaining their trust and telling them that they could make large sums of money by working as prostitutes for Alberti’s pimp. The girls who were successfully recruited to work as prostitutes were brought to the Los Angeles area, where they were housed by Bell and the Rogers brothers at hotels on and near Long Beach Boulevard or at Bell’s apartment.

Bell also admitted to physically abusing one of the girls. Here’s a clip from the plea agreement detailing the incident:

In April 2011, Victim 4, then 17, worked as a prostitute for defendant while Samuel Rogers [one of the other eight defendants] was incarcerated. During that time, defendant harbored Victim 4 at the Euclid Residence with other prostitutes defendant employed. Also, during that time, defendant knew that Victim 4 was 17 years old. While working as a prostitute under defendant’s supervision and direction, on our about April 6, 2011, defendant physically abused Victim 4 for not performing as a prostitute and for acting up. Therefore defendant used force to cause Victim 4 to engage in commercial sex acts.

Here’s what US Attorney Birotte had to say about Bell’s case, according to the FBI’s announcement:

“Sex trafficking is an abominable crime that condemns its victims to physical and psychological trauma, hardship and abuse,” said United States Attorney André Birotte Jr. “Mr. Bell and his cohorts coldly and brutally victimized young women and juveniles, subjecting them to treatment that can only be described as inhumane. Bell exploited his victims for profit and now he will be held accountable and punished for his predatory conduct.”

We’ve reported on this issue before. Los Angeles County Supervisors Mark Ridley-Thomas and Don Knabe are working to put a focus on child sex trafficking, with an emphasis on decriminalizing and aiding the child prostitutes. (These arrests were actually made in Mark Ridley-Thomas’ district.)

Here are a couple of clips from Supe MRT’s website regarding this issue:

“Every day, children as young as 12 are bought and sold by adult men,” said Los Angeles County Board of Supervisors Chairman Mark Ridley-Thomas…“We will shine a light on this despicable behavior. You, who come here days, nights, weekends to buy these girls, we see you. And we will bring changes throughout Los Angeles County and the state of California.”

[SNIP]

Human sex trafficking is a $32 billion dollar business increasingly run by gangs. The Federal Bureau of Investigation estimates that 100,000 children in the United States are sold for sex each year. In Los Angeles, it is estimated that as many as 3,000 children are trafficked.


GOV BROWN TO PUMP MORE MONEY INTO PRIVATE PRISONS REGARDLESS OF JUDGES’ PENDING DECISION

Governor Jerry Brown’s recently proposed budget, which banks on federal judges pushing back California’s prison overcrowding deadline by two years, would still increase spending on private prisons and jail leasing. We at WLA are not thrilled with this news. (Read the backstory here.)

The LA Times’ Paige St. John has the latest on the prison saga. Here’s a clip:

Detailed expenditure records released after Brown announced the highlights of his proposed budget for 2014-15 show that the governor expects to increase the use of outside prison contracts. His plan sets aside nearly $500 million to pay for and administer prison contracts to take nearly 17,700 inmates, increases of $100 million and 4,700 prisoners over the current year.

A little more than half of those prisons are out of state. The rest are community correctional centers, which could be run by local governments or private prison operators.

The governor’s planning documents show that even with that increase in spending, California prisons would remain 3,000 inmates over what federal judges say they can safely hold and still provide adequate healthcare and psychiatric services. The documents do not show how Brown plans to address further growth of the state’s prison population.


STATE BOARD OF EDUCATION TO VOTE ON SPENDING RULES REGARDING HIGH-NEEDS YOUTH

Today, the California Board of Education is expected to vote on important new rules to ensure school district accountability on spending extra budget money on at-risk students.

Ana Tintocalis has the story for KQED’s California Report. Here’s a small clip from the transcript:

The first draft of these spending rules was trashed by education advocates three months ago. They said districts would have the freedom to spend extra money however they pleased. Now the state board is back with new rules that require each school district to show how they’ll use the money to increase services for low-income students, foster youth, and english-learners…but student advocates are not entirely satisfied…

Go listen to the rest.


PATT MORRISON DISCUSSES THE STRANGER THEORIES REGARDING THE LOWERED CRIME RATE

Last week, LA Mayor Eric Garcetti and LAPD Chief Charlie Beck announced that citywide violent crime rates were down by 12% and property crimes were down 4%, in 2013, keeping up an 11-year crime reduction streak.

In an LA Times editorial, Patt Morrison offers some of the loonier circulating theories on what factors may have contributed to the decline in crime. Morrison says the crime rate drop is cheering, but that it cannot go on forever, and advises the mayor and police chief to be prepared for a time when the numbers move in a different direction.

The mayor and the police chief, Eric Garcetti and Charlie Beck, respectively, were justifiably over the moon this week about the winning streak, 11 years of plummeting crime rates, the lowest overall since 1949.

Both of them credited community policing, community groups and the use of computerized crime data for the laudable numbers.

Some other theories have been floated, some more far-fetched than others, but there’s a master’s thesis lurking in each and every one of them:

Full prisons. The more people you put behind bars, the fewer criminally inclined are out and about to commit more crimes. Although that seems right intuitively, the numbers don’t necessarily bear that out.

Recession. Also counterintuitive because you’d expect that poverty would drive people to desperate, violent measures. Researchers are puzzling over why this didn’t happen. Maybe the potential evildoers just couldn’t afford to buy guns and bludgeons.

[SNIP]

Whatever’s making crime diminish, I am, as an Angeleno, delighted that it’s happening. But logic argues that this decline can’t go on indefinitely; there has never been a zero-crime society in human history, insofar as I know.

The difficult part for both Garcetti and Beck will be in tempering their deserved pleasure at the good numbers and getting some talking points and research ready for the inevitable day when the numbers are not so good.

Posted in Child sexual abuse, Edmund G. Brown, Jr. (Jerry), FBI, Foster Care, LAPD, LAUSD, prison, Youth at Risk | 2 Comments »

Don’t Close Child Dependency Court…Lee Baca’s Approval Rating… Baca Uses the “B” Word: Bitter…..”Circle It!” Don’t Suspend Say TX Students….Graduation & Crime & Money

December 20th, 2013 by Celeste Fremon


PLEASE DON’T CLOSE CHILD DEPENDENCY COURT. JUST DON’T DO IT!

On Wednesday there was a hearing in front of the 2nd Circuit Court of appeals that is to determine whether or not the order issued by Judge Robert Nash in January 2012 to finally open Los Angeles County’s child dependency courts to the press under certain controlled circumstances was legal.

These are the courtrooms where foster care cases are heard, that have too long been secretive and disastrously short of sunlight.

The LA Times editorial board asks the 2nd Circuit to leave the situation as is. As does Christie Renick for the Chronicle of Social Change.

Here’s a clip from what the Times had to say, with which we strongly agree:

Has openness perfected the Dependency Courts? No. But parents who felt their cases were being rushed through by overburdened lawyers and social workers have expressed relief to have outside eyes present; lawyers who complained of judges delaying cases have welcomed coverage that creates a disincentive to dawdle; judges say coverage has focused attention on questionable lawyering. Meanwhile, the tentative ruling cites no instance in which any child has been harmed by the presence of reporters.

This is an important work in progress; the appellate court should not end it. If it tries, the Legislature should pass a bill keeping the courts in Los Angeles open or, even better, extending the principle of Nash’s order to the entire state.

We’ll let you know when we learn more.


IS LEE BACA’S APPROVAL RATING DIVING? A CHALLENGER’S TAKES A POLL

Early Wednesday morning Los Angeles County Sheriff’s candidate and Lee Baca challenger Bob Olmsted released a poll that showed that incumbent Baca’s approval ratings could be in the midst of a bad slide.

The poll was a live telephone survey of 406 likely June 2014 voters in LA County conducted December 16th – 17th 2013. Olmsted’s campaign paid for the survey.

Gene Maddaus of the LA Weekly got the fastest story up on the matter. Here’s a clip:

Sheriff Lee Baca has had a rough couple of years, but it’s gotten really bad in the last two weeks, ever since federal prosecutors brought corruption charges against 18 of his deputies.

Baca is up for re-election next year, and the unending scandals have taken a toll on his approval ratings. That’s according to a new poll released today by one of Baca’s opponents.

The survey shows that Baca’s favorability rating has plunged in the last two years, and a majority of likely voters now disapprove of Baca’s handling of his job. Not a good sign for the 71-year-old lawman.

[SNIP]

As with any internal poll, take it with a grain of salt.

With that, the results:

Baca (job approval)

Positive: 34%
Negative: 52%

Baca (favorability):

Favorable: 41%
Unfavorable: 33%

His favorability rating has declined sharply since the fall of 2011, according to another poll the Weekly obtained last month.

Baca (2011 favorability)
Favorable: 66%
Unfavorable: 23%

That’s a 35-point drop in his net favorability rating in the last two years.

As Maddaus said, one should take insider polls with a dash of good sel de mer. Plus the sheriff has a big powerful political machine plus nearly two decades worth of popularity that one would be unwise to discount.

Yet, there is without a doubt blood in the water.


BACA FINALLY TALKS & CALLS HIS OPPONENTS “BITTER & A QUITTER”,

After not meeting with the press for months, Sheriff Lee Baca has emerged from his bat cave to speak with reporters a number of times in the last week. On Wednesday he met with KCAL 9′s Dave Lopez.

Be sure to watch the video, which includes a change of clothes on the part of the sheriff so that he could speak about the election legally—AKA out of uniform.

After talking about what he describes as his utter non-involvement with the FOS—Friends of the Sheriff—hiring program, he did his clothes change and chatted emphatically about his campaign.

Here’ a bit of what he said:

“My job right now is to explain my side of the story,” he said. “Leaders do not ever not have problems or controversy.”

Baca’s two opponents, Robert Olmsted and Paul Tanaka, are one-time assistant sheriffs who were once part of his inner circle. [Actually that isn't accurate, but whatever]

Without mentioning the men by name, he referred to both of them Thursday.

“My opponents – one is bitter and one is actually a quitter and bitter. And so here you’ve got another one who is bitter but should have been a quitter,” he said.

Okay, I count three in that statement. One bitter, one a quitter, and “one who is bitter but should have been a quitter.’

Who’s the third guy, sheriff? Just asking.

NOTE: ABC-7 has a story on the Friends of the Sheriff issue, that is worth checking out as well.


“CIRCLE IT!” SAN ANTONIO, TX, SCHOOL USES INNOVATIVE STRATEGY TO SUCCESSFULLY REDUCE SUSPENSIONS

The term “circling it” has become an important part of the vernacular at Ed White Middle School in San Antonio, Texas.

Jim Forsyth at WOAI Radio has the story. Here’s a clip:

Marilyn Armour of the University of Texas School of Social Work calls it ‘Restorative Discipline’ and he says it has resulted in a staggering 84% decrease in suspensions at White, which previously had some of the highest discipline rates in the entire district.

“What’s happening here is really an effort to change the whole climate,” she told 1200 WOAI’s Michael Board. “Not just change the kids’ behavior.”

She says Restorative Discipline is a student based way of convincing kids to behave properly. When a child acts out, rather than an immediate trip to the principal’s office, in school suspension, or other traditional tactic, the students, counselors, teachers ‘talk out’ the issues in what are called ‘restorative circles.’

“When kids begin to get skills beyond the fighting, it gives them options they haven’t had before,” Armour said.

She says many examples of sixth and seventh graders engaging in disruptive behavior is frequently borne of frustration, the students want to be heard, and they want to be considered to have a role in their discipline and the activities they engage in. She says this process allows the student to talk out their problems, with an eye toward reducing bullying, truancy, and disruptive behavior…


STUDY SAYS H.S. GRADUATION PREVENTS CRIME AND SAVES $$

A recent report draws a correlation between graduation rates and entry into the criminal justice system—and then does the math. Obviously one cannot draw a straight line of cause and effect, but the relationship is there, and the study is worth noting.

Isabelle Dills of the Napa Valley Register has the story. Here’s a clip:

strong>Among all 50 states, California would save the most money — $2.4 billion in crime costs — if the male high school graduation rate increased by 5 percent, according to a recent report from the Alliance for Excellent Education.

The report, “Saving Futures, Saving Dollars: The Impact of Education on Crime Reduction and Earnings,” examines research that links lower levels of education with higher rates of arrests and incarceration.

[SNIP]

There is an indirect correlation between educational attainment and arrest and incarceration rates, particularly among males, the report found. According to the most recent data from the U.S. Bureau of Justice, 56 percent of federal inmates, 67 percent of inmates in state prisons, and 69 percent of inmates in local jails did not complete high school. Additionally, the number of incarcerated individuals without a high school diploma is increasing over time.

“Dropping out of school does not automatically result in a life of crime, but high school dropouts are far more likely than high school graduates to be arrested or incarcerated,” Wise said.

The report found that increasing the male graduation rate would decrease crime nationwide. According to the report, annual incidences of assault would decrease by nearly 60,000, larceny by more than 37,000, motor vehicle theft by more than 31,000 and burglaries by more than 17,000.

It would also prevent nearly 1,300 murders, more than 3,800 occurrences of rape and more than 1,500 robberies, according to the Alliance for Excellent Education.

Posted in crime and punishment, criminal justice, DCFS, Education, How Appealing, LA County Jail, LASD, Restorative Justice, School to Prison Pipeline, Sheriff Lee Baca, Youth at Risk, Zero Tolerance and School Discipline | 40 Comments »

A Good Cop Coerces a False Confession…LASD Lt. Arrested in Prostitution Sweep…and More

October 16th, 2013 by Celeste Fremon


A GOOD COP AND A BAD CONFESSION

This week This American Life with Ira Glass focuses on the issue of confessions.

Part 1 of the program is a must listen. It is about former DC police detective Jim Trainum, who tells reporter Saul Elbein, about how one of his first murder investigations went dreadfully wrong.

In 1994, Trainum and his colleagues became convinced that an 19-year old girl named Kim, had committed a horrible crime> Their suspicion seemed justified when, after hours of interrogation, she gradually confessed and seemed to have details of the crime that only someone involved could have known.

Or so Trainum thought.

In many ways Kim was lucky because, as there was no other hard evidence, eventually she went free—although by that time, Kim had lost custody of her kids, including a baby boy who was three weeks old when she was arrested. Moreover, her arrest for murder remained on her record, squelching job opportunities. Even when she tried to enroll in the military, she said, they turned her down.

Then by chance, after 10 years, Trainum was assigned to cold cases, and the old murder, which had never been solved, appeared on his radar, and he decided to revisit the case, which led him to view the video leading up to her taped confession. It was then he saw with a horrible clarity that he and his colleagues had carefully orchestrated a false confession, feeding Kim information, ignoring evidence pointing to her innocence—all without realizing what they were doing. All with the best of intentions.

Trainum said he always thought it was bad cops who ginned up false confessions. But there he was, a good cop, with good decent colleagues, who coerced an innocent woman into confessing and, in doing so, wrecked a big part of her life.

Now Jim Trainum has become an expert in false confessions and a strong advocate for videotaped interrogations, which 10 states mandate, California, unfortunately not among them.

However, among the bills Governor Jerry Brown signed this month is SB 569. Introduced by Ted Liu, the newly signed law will now require interrogations of juveniles for homicide to be videotaped.

It’s a step.

According the Innocence Project, in about 25% of DNA exoneration cases, innocent defendants made incriminating statements,or made outright confessions, or pled guilty. About one third of those exonerees who confess are kids.


LASD LT. ARRESTED IN PROSTITUTION STING

Venusse Navid of the Whittier Daily News has the story. Here’s a clip:

A Los Angles County sheriff’s lieutenant and 20 other people were arrested Thursday during an undercover prostitution sting here, officials said.

Michael Strickland, 49, of Eastvale, a lieutenant at the sheriff’s Industry Station, was arrested Oct. 10 on suspicion of soliciting prostitution on the 23000 block of Sunnymead Boulevard, Riverside County Sheriff-Coroner officials said.

“(Strickland) was immediately relieved of duty with pay on Oct. 10,” LASD spokesman Steve Whitmore said. “He had just been promoted to lieutenant about six months ago.”

Strickland is being paid while on leave because he has not been convicted, officials said.

“He has been assigned at home, and was stripped of all law enforcement duties, including his gun and badge,” Whitmore said.


AND….ANOTHER LASD DEPUTY IN TROUBLE—THIS ONE FIRES HIS GUN IN THE AIR TO SCARE OFF KIDS

In how many ways is this awful judgment? The ABC 7 story is too short to clip, so just read it.


IT’S TIME TO OPT FOR SMARTER, CHEAPER, BETTER ALTERNATIVES FOR THE MENTALLY ILL THAN JAIL…WRITES SAY THE LA TIMES EDITORIAL BOARD

We agree with Tuesday’s essay from the LA Times Editorial Board. Here’s a clip, but really you need to read the whole thing:

An estimated 15% of inmates held in Los Angeles County’s sprawling jail system require some kind of mental health care. Those detainees cost more to house, often remain longer and are more likely to wind up back in jail after being released than other inmates.

Until now, county officials have been reluctant to consider alternatives to detention for those inmates. But a new district attorney and a recently appointed assistant sheriff for custody are taking a second look at policies that could divert low-risk mentally ill inmates into local treatment programs. It’s a welcome development that could, if carried out carefully, save money and reduce jail crowding without making the streets more dangerous.

We understand it wouldn’t be easy. There are plenty of unanswered questions, including which inmates would be eligible for diversion….

Read on.

Posted in Innocence, LASD, Sheriff Lee Baca, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

Santa Barbara Gangster Turned Philosophy Professor….Long Beach Schools Reject Zero Tolerance…& More on the Special Counsel’s Report

October 9th, 2013 by Celeste Fremon


GANG MEMBER….SURFER…PHILOSOPHY PROFESSOR: THE EVOLUTION OF MANNY RAYA

Santa Barbara’s Mission and State has produced another one of their wonderful non-fiction narrative tales, this one written by Karen Pelland about a confused kid named Manny Raya whose caring but overstressed immigrant mother let him run in the streets, until he inevitably joined a gang and began winding up on the wrong side of the law, his life trajectory decidedly unpromising.

But as luck would have it, several adults—notably two local cops and a philosophy professor—saw something special in the kid and reached out to him. Now Raya has a master’s degree in philosophy and is a sought after philosophy instructor at Santa Barbara City College. And he’s a surfer.

How 32-year-old Raya recalibrated his trajectory (with a little help from Plato) is a story worth reading.

Here’s a representative clip from the story’s middle to get you started:

Joining a gang was not something Raya set out to do.

“It was confusing,” he admits. “As a kid you’re trying to figure out who you are, and you’re trying to separate from your family.” In Raya’s tiny world, that meant one thing: the streets. “The gang to me was everything,” he says. “I didn’t see options. What, I was going to be a gardener?”

Jumped in (delivered a ritual beating) to the Westside Projects gang at 15 with the street name “Fozzy,” Raya’s transition from carefree boyhood to troubled-filled adolescence did not go unnoticed by his mother.

Their relationship had always been open and respectful, but this was something Ms. Raya didn’t understand. “I know you’re better than this,” Raya remembers his mother saying. “You need to stop this somehow.”

It was a puzzling moment for the young man. “I love my mom so much,” he says, “but I was showing my love elsewhere. I remember thinking I had this strength and confidence about myself, and I just wanted to be a man!”

The police, particularly members of the gang task force, also saw a confused kid with potential. “You could tell that he was always torn between his [blood] family and his street family,” says Santa Barbara Police Department Officer Alex Cruz, who arrested Raya after the delivery van incident and who would arrest him many more times.

Cruz, who joined the police department in 1994 and was assigned to the fledgling gang task force in the late ’90s, often got phone calls from Raya’s worried mom. So, Cruz would head out looking for him.

“He had somebody that cared about where he was and whether or not he was in jail,” says Cruz. “Some kids just don’t have that support.”

Lieutenant Ralph Molina, who worked alongside Officer Cruz on the gang task force for years, remembers that “Manny had potential, you could see it.”

Molina says he encouraged the gang unit to really get to know the kids and their families, to talk to them about life, to build mutual respect. “You’d be amazed at some of the things they’ll tell you if you have a rapport with them. They’ll tell us they’re not getting love and attention at home; they’re getting abused at home, physically, sexually… and guess what? If they’re in the streets, the homeboys will give them all the love and attention they want.”


TUESDAY, LONG BEACH SCHOOL DISTRICT VOTES TO ADOPT A KID-FRIENDLY, SCHOOL DISCIPLINE SYSTEM

Several news outlets reported on this story, including the Long Beach Press Telegram.

But this story from non-profit Liberty Hill’s blog, nicely captures the importance of LBSD’s decision to turn away from its previous discipline policies that had resulted in 83,691 students being suspended in the 2011-2012 school year. Here’s a clip:

“Restorative Justice allows a student to see the larger picture of his/her defiance,” said Barbara Lindholm, Principal at Reid High School. “We aren’t interested in ‘punishment.’ Rather, we want to inculcate the values of empathy, orderliness, and manners in students – lifelong lessons which they will use in future arenas.” A student from Poly High School and a leader from Khmer Girls in Action, Malachy Keo, echoed Principal Lindholm adding, “I’ve had disagreements with teachers before. Restorative Justice practices would have helped me and my teachers see each other’s point of view and build better relationships.”

As the majority of students in Los Angeles County, young people of color have a vital role to play in making our neighborhoods safer, our economy stronger and steering our city and state towards success. Yet low income and young men of color have the lowest life expectancy rates, highest unemployment rates, fewest high school and college graduates and most murder victims of any demographic group in the county. This reality starts in school policies that unfairly target students of color for suspensions which ultimately lead to truancy and drop-outs.

“This vote is an important first step in our effort to ensure that every student has an opportunity to thrive,” said Kafi D. Blumenfield, President and CEO of Liberty Hill Foundation. “Passage of this resolution signals that Long Beach truly wants all students to lead healthy, successful lives.”



IN HIS REPORT, SPECIAL COUNSEL MERRICK BOBB TALKS ABOUT THE “GREY FOG” IN THE LASD & THE POSSIBLE NEED FOR FED INTERVENTION

In the introduction to his 33rd semiannual report on the Los Angeles Sheriff’s Department, Special Counsel Merrick Bobb kindly gave a shout out to WitnessLA, talked about former undersheriff Paul Tanaka’s “gray fog” and the possible need for federal intervention to produce true reform at the LASD. Here’s a clip:

….[During the years before his departure] the former Undersheriff apparently exhorted some LASD deputies to work in the so-called “gray zone” or, as I prefer to call it, the gray fog, where objects can be seen only dimly and the guideposts to distinguish right from wrong cannot be read. When the gray fog finally began to burn off, the Sheriff and Undersheriff faced calls for resignation. Although there may have been over-delegation and unwarranted reliance on the Undersheriff by the Sheriff, and despite the LASD being a paramilitary organization, it is worth noting that the assistant sheriffs and chiefs and commanders and captains, with two or three exceptions, did not exactly mutiny or protest when the Undersheriff seemed to overreach.

To attempt change in LASD culture and practice from the outside, the levers have been pulled and the pressure points pushed. The Los Angeles Times and Witness LA, as well as the Department of Justice, have lit up dark corners at the LASD and kept the spotlight unremittingly focused. Yet while vigorous investigations and solid news and editorials are necessary, they are not always sufficient to bring about change. It is frustrating when some recommendations to curb the callousness (or worse) toward some suspects and inmates by a small minority of LASD employees have never been adopted or vanished into the gray fog. In all the years I have served as Special Counsel, I recall only once when I was told things about rotation of deputies in the jails or intentions “sincerely” to change one’s ways that the speakers knew to be less than truthful, and this was at the latter stage of the gray fog years.

Time and again, it is been shown that the power to control an elected sheriff is a near impossibility, to the frustration of many—in particular, to the Supervisors. Despite good- faith efforts to be aware of and respond to problems, the Supervisors at the end of the day lack the power to order the Sheriff or Undersheriff to run a constitutional jail, whether directly or through a blue ribbon commission or a civilian commission or Special Counsel or OIR or an Inspector General or otherwise. It may be that the federal government needs to be added to the mix….

Posted in American voices, Gangs, juvenile justice, LASD, Sheriff Lee Baca, Youth at Risk, Zero Tolerance and School Discipline | 2 Comments »

Why Do Kids Falsely Confess to Crimes?…LAPD Union Likes Body Camera Idea (With Caveats)….And It’s Banned Books Week Again

September 24th, 2013 by Celeste Fremon



We know that a significant percentage of those who are falsely convicted—and later exonerated-
–have been convicted largely because they confessed to crimes they did not commit.

It turns out, however, that kids are far more likely to falsely confess than adults, according to a new database of more than 1,100 exonerations that have occurred over the last 25 years.

In a story for the Juvenile Justice Exchange, Gary Gately asked a bunch of experts why this is so?

Here’s a clip from Gately’s report:

The National Registry of Exonerations, put together by the Northwestern University Law School and the University of Michigan Law School, showed 38 percent of youths who were convicted and later cleared had given false confessions, compared with 11 percent of adults.

Experts note juveniles’ brains aren’t fully developed and that teens tend to be impulsive and less mature than adults. Juveniles often don’t weigh long-term consequences of their actions and can be more easily intimidated than adults, and teens have typically been taught to respect authority figures like police officers.

Samuel R. Gross, a professor at the University of Michigan’s Law School and editor of the National Registry of Exonerations, pointed out there’s a high proportion of false confessions among juveniles and suspects with mental disabilities, for some of the same reasons.

“These are people who are easier to mislead [than adults], easier to manipulate, more trusting, more likely to be afraid, more likely to be confused, more likely to not understand what’s going on, and we see that repeatedly in the descriptions people give after the fact of why they falsely confess,” Gross told JJIE.


LAPD UNION LIKES MOVE BY NEW COMMISSION PREZ TO GET BODY CAMERAS BUT URGES WISE USE OF THEM

Monday, the LAPPL—the LAPD’s union—put out a statement regarding the fast track move by new police commission head, Steve Soberoff, to get body cameras for the department’s officers. In essence the union officials are very much in favor of the cameras, but urge wise protocols. (Indeed, like any tool, the cameras may be used well or poorly.)

Here’s a clip from their statement:

The Digital In-Car Camera System has proven to be another tool to improve officer safety and accountability, enhance training and improve prosecution of criminal cases. The review of videos by arresting officers has proven valuable in the documentation of criminal activity and subsequent testimony. However, concerns have been raised as to how the Department uses the videos for administrative purposes, and we are addressing those issues as they arise, so as not to allow “gotcha” mentality or misuse to derail the intended purpose. We believe that our officers have not only a duty to be accurate, but a right to be accurate. To that end, the review of video and/or audio evidence before writing reports, testifying, or submitting to interviews in not only important, but vital to that goal.

While video can be helpful, we should all remember that video images and/or recordings are two-dimensional and therefore are not by themselves complete investigations. The work rules for the deployment and use of body cams must assure our members that they not be used to unfairly or unreasonably scrutinize an officer’s work performance.


CELEBRATING BANNED BOOKS WEEK—BY READING AND CHEERING BANNED BOOKS

Banned Books Week has come around again. And a number of publications—- like Forbes….the LA Times….The Washington Times—are celebrating the week by calling attention to their favorite banned books.

This year, in addition to the perennial classics like Lolita and To Kill a Mockingbird, we find on the list The Kite Runner by Khaled Hosseini.

(Oh, book banning persons, you never cease to amaze!)


NOTE: I’m up in the state of Montana this week and much of next, so this is a shorter-than-usual post. More tomorrow.

Posted in Civil Liberties, Civil Rights, Innocence, juvenile justice, LAPD, writers and writing, Youth at Risk | No Comments »

MORE POST TRIAL NEWS: Violence at an LA Prayer Vigil……”What Do I Tell My Boys Now?”….Zimmerman Juror’s Speedy Book Agent Deal……..and more

July 16th, 2013 by Celeste Fremon



PLANNED LEIMERT PARK COMMUNITY RALLY DISRUPTED BY VIOLENCE, RALLIERS DISMAYED

A well-organized, well-attended prayer vigil and community rally that began at Leimert Park early on Monday evening, was disrupted by a rowdy, angry and violent group of mostly young men on Tuesday night. The destruction-intent group was described by LAPD Chief Charlie Beck at an 11 pm press conference in the Crenshaw area as being made up about 150 people who reportedly vandalized Walmart, jumped on cars, broke windows in other nearby stores, and assaulted random people, including an attack injurying KCBS reporter Dave Bryan and his cameraman.

“The right of the many has been abused by the action of the few,” Beck said. The chief warned that on Monday he had allowed the protestors a lot of latitude, but that the latitude was about to vanish. “Parents, don’t send your children to protest in and around Crenshaw tomorrow,” Beck warned.

Mayor Eric Garcetti opened the 11 pm press conference by saying, “The verdict has ignited passions, but we have to make sure it doesn’t ignite our city.”

Garcetti was joined by Supervisor Mark Ridley-Thomas who spoke on similar themes. “Twenty-one years ago we witnessed what can happen when there’s a reaction to a verdict. I stand today to say a word about nonviolence…It’s the most effective way to communicate how to address injustice…”

Next up was City Councilman Bernard Parks who, like the other three, urged moderation: “You can protest. Your voices will be heard.” Parks asked demonstrators to focus on the “tragedy in Florida.” Instead, he said, “some people are trying to “create their own tragedy in the city of Los Angeles.

“This will not be tolerated after tonight.”

Community organizer Najee Ali, who was one of Monday night’s main rally organizers, was shaken by the melee caused by the splinter group or groups.

“I’m on my way home from one of the…craziest nights of my life,” he tweeted and posted on his Facebook page. “Its sad seeing our young people like that. To see them and what they did to innocent people was devastating.”

All officials stressed that the violent group was very much in the minority.

For additional reports see the LA Times and Natasha Vargas-Cooper from Buzzfeed.


MEANWHILE, IN OTHER NEWS AROUND THE THE TRIAL OF GEORGE ZIMMERMAN AND THE DEATH OF TRAYVON MARTIN…

Along with the ongoing news reports, editorials and the Op Eds, a series of pain and grief-laden essays by parents continue to appear. Here are a couple we didn’t think you should miss—one from New York, the other from LA.


“WHAT DO I TELL MY BOYS NOW?” A FATHER ASKS

Among the most emotionally affecting in the newest crop is this essay by NY Times columnist, Charles Blow. Here’s a clip from the essay’s end. But please read the whole:

…Sometimes people just need a focal point. Sometimes that focal point becomes a breaking point.

The idea of universal suspicion without individual evidence is what Americans find abhorrent and what black men in America must constantly fight. It is pervasive in policing policies — like stop-and-frisk, and in this case neighborhood watch — regardless of the collateral damage done to the majority of innocents. It’s like burning down a house to rid it of mice.

As a parent, particularly a parent of black teenage boys, I am left with the question, “Now, what do I tell my boys?”

We used to say not to run in public because that might be seen as suspicious, like they’d stolen something. But according to Zimmerman, Martin drew his suspicion at least in part because he was walking too slowly.

So what do I tell my boys now? At what precise pace should a black man walk to avoid suspicion?

And can they ever stop walking away, or running away, and simply stand their ground? Can they become righteously indignant without being fatally wounded?

Is there anyplace safe enough, or any cargo innocent enough, for a black man in this country? Martin was where he was supposed to be — in a gated community — carrying candy and a canned drink.

The whole system failed Martin. What prevents it from failing my children, or yours?

I feel that I must tell my boys that, but I can’t. It’s stuck in my throat. It’s an impossibly heartbreaking conversation to have. So, I sit and watch in silence, and occasionally mouth the word, “breathe,” because I keep forgetting to.

But read what Blow wrote in the lead up—especially if you are a parent. Even more, if you are the parent of a boy, whatever color.


WHAT DO WE TELL THE CHILDREN?”

LA Times columnist Sandy Banks told how she is struggling painfully with similar questions, as do her friends. Again, please read the whole thing. But here’s a representative clip:

What do we tell the children?

That’s the cliched question we trot out when we’re confounded by cases like this. This time, for black parents at least, it’s more than rhetoric.

Lawrence Ross is an Inglewood author who travels to colleges around the country, counseling and encouraging black students. Ross is also the father of a 14-year-old boy, whose favorite show of independence these days is walking alone to the 7-Eleven near their gated community.

Ross has spent years teaching his son to be safe and not fall prey to others’ fears:

If you’re driving and the police stop you, put both hands on the dashboard, so the officer can see you don’t pose a threat. If you’re in the elevator alone with a white person, speak so they’ll know you’re articulate and they don’t have to fear you.

But the verdict delivered a message that mocks those parental pretensions: “The world has just been told that my son is [going to be] the aggressor,” Ross said. “That he has no right to exist without question or explanation. That’s devastating to me.

“I want him to walk out in the world as a productive and kind adult, without burdening him with all the sociological issues this country brings.” But he also can’t afford to let naivete disarm his boy.

“What is the safe point? That’s the conundrum. That’s what makes this resonate so strongly.”

EDITOR’S NOTE: As a mother, my heart tears open reading these accounts.

My own son is now 27, married, and living in the Bay Area with a fabulous job. In his skateboarding, fence jumping, late-night-walking, risk-taking, hormone-fraught teenage years, he mostly wore a beanie, not a hoodie.

And, most crucially, he is white.

But these essays still make me sob, and make me thankful that my cherished tall boy, the light of my life, is grown. To be honest, I’m also grateful that in his edgiest, scariest adolescent moments (and without going into detail, suffice it to say, that there were a few very scary times) I never had to deal with the added fear that race still brings into the mix.

Many of my other friends cannot say the same. And I grieve with them.

I grieve for all of us.


AND IN STILL OTHER TRIAL-RELATED NEWS…


ZIMMERMAN TRIAL JUROR MANAGES TO SIGN WITH HOT SHOT BOOK AGENT 36 HOURS AFTER THE (SATURDAY) VERDICT? REALLY? – UPDATED

TUESDAY UPDATE – Book agent Sharlene Martin decides to recind the deal to represent Jurer B37 after watching the woman’s interview with Anderson Cooper, calling the contract a “grave mistake.”

LA Times reporter Hector Tobar makes an interesting observation in his story on Tuesday about the fact that a Zimmerman trial juror, the woman known as “Jurer B37,” somehow magically managed to have signed with a book agent by first thing Monday morning, meaning she and her attorney husband were very, very busy on Saturday night after the verdict, and on Sunday—either that OR the agency-representation-signing timeline is a little less attractive and ethical than anyone has yet admitted.

Here are the relevant clips from Tobar’s story:

Over the weekend, while thousands of people in various cities across the United States were protesting the George Zimmerman trial verdict, one of the six jurors in the trial was apparently quite busy on the phone—with a literary agent.

The not guilty verdict in the shooting of Trayvon Martin came on Saturday evening. And on Monday morning, the woman known as “Juror B37,” and the juror’s husband, had signed an agreement to be represented by the Los Angeles-based Martin Literary Management agency, as announced by the agency’s president, Sharlene Martin.

[SNIP]

Anyone who’s ever tried to reach a literary agent over the weekend will question the timing of said announcement, which came less than 36 hours after the jury found Zimmerman not guilty of all counts. Is it possible that Juror B37, or her husband, was in contact with the agency before the six-woman jury even began to deliberate? And might a desire to transform her experience as a juror into a marketable story have influenced B37’s view of the case?

Good (and very discomforting) question.

Just so you know, Tobar, in addition to his work at the LA Times, is a talented and well-regarded novelist, meaning he’s familiar with such things as getting agents on the phone over any given weekend.

So, yeah, all you jurors, make literary and TV movie deals, if you can manage it. God speed! But it would have been comforting to know that all the deal hustling waited at least until after the deliberations over a very painful murder trial had been safely completed.


AND WHY WAS B37 ON THE JURY AT ALL? ASKS SLATE’S DAHLIA LITHWICK AND A STRING OF LAWYERS

Aside from the oddly-timed book deal deal it seems B37 is a bit of a quirky girl.

Here’s a clip from Slate’s Dahlia Lithwick’s story that questions “Why her?” with regard to B37′s selection.

Less than two days after a Florida jury found George Zimmerman not guilty in the death of Trayvon Martin, juror B37, one of the six members of the anonymous panel, signed with a literary agent to shop her book about the trial.

The news comes with a bonus video: juror B37’s entire voir dire captured on film and promoted today by Gawker. [EDITOR'S NOTE: Sadly the GAWKER voir dire video has since been yanked from YouTube, but here's another.] The process by which counsel on each side of the case interviews prospective jurors is revealing in all kinds of ways, and a useful lesson in the strengths and weaknesses of the jury system. In the case of B37, it is also master class on how to not know anything about something everyone else knows about.

Start with the general observations already raised in Gawker: B37 consumes no media beyond the Today Show—no radio, no Internet news and no newspapers used for anything but lining her parrot cage. Perhaps because she does not consume any media, she was under the false belief that there were “riots” after the Martin shooting. She also described the Martin killing as “an unfortunate incident that happened.”

But the tape raises another question that should be debated in every trial advocacy class in America: What were the lawyers, especially the prosecutors, thinking when they seated her? Why didn’t prosecutors use one of their peremptory challenges to nix her? She’s contrarian, she raised serious ontological doubts about the nature of truth-seeking, and she was only ever truly animated on the subject of rescue birds…


TOMORROW WE WILL BE BACK TO OUR REGULAR PROGRAMMING…

We have several stories that got bumped because the Trayvon stories seemed pressing.

Among other things, at Tuesday’s Board of Supervisors meeting, the LASD’s jail building proposals will be presented….so stay tuned.

Posted in Charlie Beck, Eric Garcetti, LA city government, LA County Board of Supervisors, media, race, race and class, racial justice, Youth at Risk | 8 Comments »

SCOTUS Sez OK to DNA Swab at Arrest, Scalia Protests….Crime in Schools Down, Bullying Not….Juvie Justice Reform in Nebraska

June 4th, 2013 by Celeste Fremon


In a 5/4 decision on Monday, the Supreme Court ruled that law enforcement officers
can take one’s DNA if one is arrested for a serious offense, a decision that elicited howls of protest from certain quarters. However, the primary howl of dissent came, not from the liberal justices or advocacy organizations, but from Justice Antonin Scalia.

(For the record, all three liberal-leaning female justices voted in the minority block. Breyer voted with the majority.)

And, be advised, Scalia didn’t just write a dissent, he insisted on reading it aloud—with much drama, lots of well crafted and colorful verbiage, and general passion.

Here’s a clip from Joan Biskupic’s story for Reuters on Scalia’s dissent :

Writing for the minority, Scalia was joined by three liberal justices. But his 11-minute oral statement – a departure from the usual practice in which only the majority opinion is read aloud – was classic Scalia. It relied on his “originalist” interpretation of the U.S. Constitution and employed forceful rhetoric as clever as it was heated. He declared that the majority’s rationale “taxes the credulity of the credulous.” An adroit writer, he sprinkled in words from decidedly non-legal contexts, such as “hash” and “genuflecting” and mixed in references to American revolutionary Patrick Henry and the biblical Leviathan.

The latter came at a moment of high drama in the white marble courtroom when Scalia concluded: “It may be wise, as the court obviously believes, to make the Leviathan all-seeing, so that he may protect us all the better. But the proud men who wrote the charter of our liberties would not have been so eager to open their mouths for royal inspection. I dissent.”

Only a few times each term does a justice read a dissenting opinion aloud. It typically happens in a close, hard-fought case, when a dissenter is especially angry and wants to call attention to a decision he or she believes especially unwise…..

And here’s a clip from Adam Liptak’s more general story on the decision for the NY Times:

The police may take DNA samples from people arrested in connection with serious crimes, the Supreme Court ruled on Monday in a 5-to-4 decision.

The federal government and 28 states authorize the practice, and law enforcement officials say it is a valuable tool for investigating unsolved crimes. But the court said the testing was justified by a different reason: to identify the suspect in custody.

“When officers make an arrest supported by probable cause to hold for a serious offense and they bring the suspect to the station to be detained in custody,” Justice Anthony M. Kennedy wrote for the majority, “taking and analyzing a cheek swab of the arrestee’s DNA is, like fingerprinting and photographing, a legitimate police booking procedure that is reasonable under the Fourth Amendment.”

Justice Antonin Scalia summarized his dissent from the bench, a rare move signaling deep disagreement. He accused the majority of an unsuccessful sleight of hand, one that “taxes the credulity of the credulous.” The point of DNA testing as it is actually practiced, he said, is to solve cold cases, not to identify the suspect in custody.

But the Fourth Amendment forbids searches without reasonable suspicion to gather evidence about an unrelated crime, he said, a point the majority did not dispute….

Scalia’s dead right, of course. And, although WLA is agnostic on the issue in general, we too are bugged by the legal underpinnings of this ruling. Given how long it typically takes to get DNA results back, the majority’s rationale is a major stretch for the average felony arrest. And we don’t like it that the majority used this squishy and not-terribly supportable line of reasoning as a way to get around any Fourth Amendment problems.

The good news is that the ruling for swabbing will help solve more crimes. And, with luck, fewer innocent people will be convicted. But, it sets a weird precedent.

So, yes, go Antonin! Thank you for not going into your minority status quietly.

PS: For this one brief and shining moment, the ACLU agrees with Scalia, and name checks him in their post ruling statement.


NEW REPORT SHOWS CRIME AND VIOLENCE IN SCHOOLS ARE DOWN SINCE 1992, BUT BULLYING HAS REMAINED DISHEARTENINGLY STEADY

Last Friday, the Bureau of Justice Statistics released a new report that looks at violence and safety in schools and the numbers tell a complicated story.

For example, victimization of students at school by theft and violent crime dropped precipitously from 1993 to 2011 with a high in ’93 of around 165 students per thousand, to only around 35 students per 1000 in 2010.

When it comes to homicides in schools, the numbers were high in 1992, and then again in the 2006-07 school year, but steadily declined after that.

The number of kids who’d brought a weapon to school in the last 30 days has gone down quite a bit since the early 1990s. But still, 5 percent of students have brought a weapon to campus at least one day in the last 30 days (down from more than 12 percent in 1993.)

Yet, while violence and crime in schools dropped, bullying did not.

In 2011, 28 percent of kids between the ages of 12 to 18 reported being bullied at school, with the numbers slightly higher for girls at 31.4 percent, than for boys, at 24.5 percent.

There has been, as one might guess, much more in the way of safety measures put into place since the early 1990s (security cameras, restricted access to campus during school hours, etc.). And yet, while the percentage of schools with security guards, or school police, has remained about the same since 2005 (after rising a bit in 2007) the number of armed personnel on campus has dropped.

Take a look at the numbers and charts for yourself.


NEBRASKA TAKES BIG STEP TOWARD JUVENILE JUSTICE REFORM

Although, nationally, juvenile incarceration is dropping, Nebraska had an 8 percent rise between 1997 and 2010, according to the Annie E. Casey Foundation analysis released this year.

But now the state has taken a significant step in the direction of turning that trend around, according to a story by James Swift of the Juvenile Justice Exchange.

Nebraska’s juvenile justice system will have a new focus on rehabilitation thanks to a bill signed into law Wednesday by Gov. Dave Heineman.

Legislative Bill 561 (LB561), introduced by state Sen. Brad Ashford (I-Omaha), will allocate $14.5 million towards several new services, as well as a grant program to aid counties in treating juvenile offenders.

The bill decreases the state’s dependency on juvenile detention programming, placing a greater emphasis on youth rehabilitation. The new measure also transfers juvenile offender supervision over to Nebraska’s Office of Probation Administration, which is subordinate to the state’s Supreme Court. Prior to the legislation taking effect, Nebraska’s juvenile populations were instead overseen by the state’s Department of Health and Human Services.

Posted in Civil Liberties, Civil Rights, Education, Human rights, juvenile justice, law enforcement, Supreme Court, Youth at Risk, Zero Tolerance and School Discipline | No Comments »

Trutanich Confronted by Warren Olney on WWLA….Youth Sexual Victimization in Prison & Jails….Twin Towers Has High Sex Assault Rate….and More

May 17th, 2013 by Celeste Fremon


WARREN OLNEY CONFRONTS CARMEN TRUTANICH WITH, YOU KNOW, FACTS REGARDING HIS REALIGNMENT CAMPAIGN ATTACKS AGAINST FEUER

Thursday night’s Which Way LA? with Warren Olney on KCRW featured City Attorney candidates Mike Feuer and incumbent Carmen Trutanich, with each man interviewed for half the show.

More than perhaps any other interviewer or debate moderator during this election season, Olney has consistently asked the most intelligent, probing and illuminating questions of all the candidates who have stepped behind his microphones.

Thursday’s show with the City Attorney candidates was no exception.

However, his segment with Trutanich was a standout, as the ever dignified Olney all but chased “Nuch” around the room (metaphorically speaking), after Trutantich repeated his nonsense about AB109 letting inmates out of prison early, accusing realignment and Mike Feuer of being responsible for putting the Northridge kidnapping suspect on the street so the man could snatch ten-year-old girls….and more.

As we’ve said here, there is a legitimate and important discussion to be had about reforming AB 109 and some of its companion statutes mandating parole and probation reform. But that would require understanding the law in the first place, which Trutanich does not appear to do, and then one would have to deal in…you know, facts.

In the meantime, a hearty thank you to Warren Olney for holding our city attorney’s feet to the factual fire.


NEW STUDY ON PRISON RAPE AND SEXUAL VICTIMIZATION IN LOCK-UPS SHOWS THAT YOUTH ARE 13-21 TIMES MORE LIKELY TO BE SEXUALLY ASSAULTED THAN ADULTS WHEN INCARCERATED

A study released Thursday by the U.S. Department of Justice’s Bureau of Justice Statistics (BJS) contained a number of disturbing statistics. But perhaps the most alarming stats have to do with the overall rates of sexual victimization for youth ages 16 and 17 in adult prisons (4.5%) and jails (4.7%), which were significantly higher than those for adults (4.0% in prisons, 3.2% in jails). The report also found that, among kids who reported being sexual victimized by staff, three quarters were victimized more than once, and nearly half said that staff used force or threat of force.

Yet those stats don’t tell the whole story, since kids are much fewer in numbers than adults in lock-up.

According to the highly respected Campaign for Youth Justice, research by BJS shows that 21% and 13% of all substantiated victims of inmate-on-inmate sexual violence in jails in 2005 and 2006 respectively, were youth under the age of 18 (surprisingly high since only 1% of jail inmates are juveniles). Put another way, previous BJS research shows that youth in adult facilities were 13 to 21 times as likely to be sexually assaulted while in custody than their representation in the correctional population.

This study tells us that youth face sexual victimization in adult institutions, but due to underreporting by youth in challenging adult facility conditions, we need more research to know more about this problem,” says Liz Ryan, President and CEO of the Campaign for Youth Justice (CFYJ). “Previous studies and the experiences of young people in the adult criminal justice system document that youth are at greatest risk of sexual victimization in adult jails and prisons, “The report underscores the urgency for U.S. Attorney General Holder and the nation’s governors to redouble their efforts to fully implement the Prison Rape Elimination Act’s (PREA) (http://www.campaignforyouthjustice.org/preac.html) Youthful Inmate Standard by removing youth under 18 from adult jails and prisons.”

Amnesty International also noted that inmates who identify as LGBT in prisons and jails were at least 2.5 times more likely to be sexually victimized by staff than non-LGBT detainees.


LA’S TWIN TOWERS JAIL SHOWS HIGH RATE OF INMATE ON INMATE SEXUAL ASSAULTS ACCORDING TO THE STUDY

In the study, as you might immagine, some prisions and jails had higher frequencies of sexual abuse than others. The report flagged 11 male prisons, 1 female prison, and 9 jails that it identified as high-rate facilities based on the prevalence of inmate-on-inmate sexual victimization in 2011-12.

LA’s Twin Towers Jail was one of those 9 Jails with the highest rates of sexual assaults, said the report. (SEE PAGES 11 & 12)


AND NOW BACK TO REALIGNMENT: A NEW STUDY INDICATES THAT ARRESTS AND CONVICTIONS REMAIN ABOUT THE SAME AS PRE-REALIGNMENT

A new study released Thursday by the California Department of Corrections and Rehabilitation indicates that, under realignment, post-prison arrests are slightly down, while convictions remain static.

The study followed 37,448 lawbreakers for one year after their release from prison and compared those findings with statistics on 51,910 inmates released in the year immediately prior realignment.

The researchers found that post-Realignment offenders were arrested at a slightly lower rate than pre-Realignment offenders (62 percent pre-Realignment and 58.7 percent post-Realignment).

Key findings include:

* The number of post-Realignment offenders convicted of new crimes is nearly the same as the number of pre-Realignment offenders convicted of new crimes (21.3 percent pre-realignment and 22.5 percent post realignment).

* Post-Realignment offenders returned to prison at a significantly lower rate than pre-Realignment offenders, an intended effect of Realignment as most offenders are ineligible to return to prison on a parole violation. (42 percent pre-Realignment and 7.4 percent post-Realignment)

This last is due to the fact that, prior to realignment, parolees were being returned to prison on technical violations of their parole at a rapid clip. Whereas now, with many parolees, technical violations—things like staying out of their old neighborhoods, testing dirty, and so on—do not result in 9 mos more in prison.

There is additional fine grain stuff in the study itself, so click here, if you want delve deeper into the matter. A lot more study is needed, yet the bottom line take-away from this study is that those who have been shrieking that realignment is causing crime to run rife through the countryside, do not have facts on their side.


FEDERAL OVERSIGHT OF LAPD OFFICIALLY ENDS

The Federal Consent Decrees finally is no more for the LAPD. The AP’s Tami Abdollah has the story. Here’s a clip:

A judge has officially ended more than a decade of federal oversight of the Los Angeles Police Department that was triggered by a corruption scandal involving abusive officers.
In two short sentences, U.S. District Judge Gary Allen Feess dismissed the final remnants of a consent decree on Wednesday, releasing the department from a transition agreement put in place in 2009 to ensure reforms that had been made were kept in place.

Mayor Antonio Villaraigosa cheered the formal end to agreement at an afternoon news conference with Police Chief Charlie Beck. Villaraigosa said the department, which was once “an example of how not to police a city, is now a national model.”

Tyler Izen, president of the Los Angeles Police Protective League, said the union was pleased the department was free of the federal monitoring.

“Now we can begin looking for efficiencies in LAPD processes while at the same time maintaining the transparency the public deserves,” he said. The union represents nearly 10,000 LAPD personnel.

The city was forced into the consent decree in 2001 under the threat of a federal lawsuit. The U.S. government alleged a pattern of civil rights violations committed by police officers that went back decades.

Now that it’s over, it bears remembering that, as odious as the thing was, the Consent Decree was a tool that Bill Bratton used effectively to begin to institute real reform in the department.


Posted in Child sexual abuse, children and adolescents, City Attorney, jail, LA County Jail, LAPD, LASD, prison, prison policy, Realignment, Youth at Risk | 1 Comment »

Will LAUSD Regulate School Discipline & Ban “Willful Defiance?”….Far Right Lawmakers Say Let States Regulate Weed….LAPD’s Zero Tolerance,

April 17th, 2013 by Celeste Fremon


MONICA GARCIA’S STUDENT BILL OF RIGHTS

On Tuesday, LAUSD Board President Monica Garcia introduced a motion that, if adopted by the board, would establish a Student Bill of Rights for school discipline.

It’s a carefully constructed motion that is supported by a range of organizations including Public Counsel, Liberty Hill, The California Endowment, Community Coalition, and a host of student groups, and it lays out a set of rules and guidelines for schools regarding the way they discipline students. Among other things, the motion mandates transparency and good record keeping in the discipline process, and a clear delineation of the role of school police on campus.

It also mandates that all students have access to what is known as School-Wide Positive Behavior Interventions (SWPBIS), a strategy that has been shown to reduce suspensions, increases attendance, and even to improve academic performance.

But, if passed, the biggest change the motion would put into place is the removal from the school discipline tool kit the use of “willful defiance” as a reason for suspension or expulsion.

Here’s the wording:

Beginning Fall 2013, no student shall be suspended or expelled for a “willful defiance” (48900(k) offense

Willful defiance is a blunt instrument that youth advocates and education reformers have been working hard to get taken off the table at a state level, but the state legislature and the governor have, thus far, balked. Thus for LAUSD to lead the way would be a positive development indeed. (And perhaps it would lead the way for passage of AB 420.)

Oddly, Tuesday’s LA Times editorial that discussed Garcia’s resolution, praised most of it, but took is issue only with the removal of “willful defiance” as an option.

We believe the Times is wrong-headed in its objection.

Here’s the relevant clip (italics ours):

The resolution, which is scheduled to come before the board Tuesday, would require schools to use other measures to combat willful defiance, including setting clearer expectations and providing counseling to get at the root of bad behavior when possible, both of which have been found to be more effective than suspension. But it also would allow schools to devise additional programs that might prove even more useful, such as detention, or setting up a special classroom, with schoolwork to be done and tutors available, so that students who act up in class aren’t allowed to continue disrupting the education of other students but also don’t fall behind in their studies.

Where the resolution goes off course is with its zero tolerance for suspending defiant students under any circumstances. The district still has not figured out how to deal with the most persistently disruptive students, those who don’t respond to counseling, and it shouldn’t completely tie the schools’ hands....

We don’t agree.

As we briefly outlined here earlier this week, in 2009, Jose Huerta, the principal of Garfield High School in East LA, not only took willful defiance off the table at his school, he took the radical step of doing away suspensions and expulsions altogether (except in extreme instances where demanded by state law). The result was, after less than two years, Garfield had a much healthier, safer campus, and suspensions went from 683…down to one. A year after that, the school’s state achievement scores (API) had jumped 75 points.

There are other examples elsewhere in the country. But Garfield is the closest, and the best.

Garcia’s motion will be voted on next month. We hope those behind the Times editorial will have done some further research and thinking on the issue between then and now.

(You can read Garcia’s motion here, but scroll down to page 24, item 44.)


ARCH CONSERVATIVES URGE CONGRESS TO GET RIGHT WITH STATES’ GANJA LAWS

Tim Dickenson of Rolling Stone has the story. Here’s a clip:

There’s a new congressional push to end the federal War on Pot in the states – and it’s being spearheaded by some of the most conservative members of the Republican conference.

The “Respect State Marijuana Laws Act” introduced in the House last week would immunize anyone acting legally under state marijuana laws from federal prosecution under the Controlled Substances Act. Depending on the state, the legislation would cover both medical marijuana and recreational pot, and would protect not only the users of state-legal cannabis, but also the businesses that cultivate, process, distribute and sell marijuana in these states.

The legislation is in keeping with poll data released last week from Pew Research that found that 60 percent of Americans believe the feds should allow states to self-regulate when it comes to marijuana. The same poll finds that 57 percent of Republicans also favor this approach, which may explain why this bill is attracting arch-conservative backers in the House.

The three GOP co-sponsors are:

Rep. Dana Rohrabacher of California, who is best known to liberals as a villainous climate denier for theorizing that global warming is the result of “dinosaur flatulence.”

Read the rest, to find out who else—from both the (R) and (D) sides— makes up this ganja gang.


LAPD SAYS ZERO TOLERANCE RE: PERJURY

The story by KPCC reporter Erika Aguilar is a sad one, really. Two LAPD motor cops may have made an innocent mistake in the way they wrote up a DUI stop, which led to the officers perjuring themselves—even though it seems there was no reason to do it. Nothing to gain. But Chief Charlie Beck said (in so many words) that the LAPD is firm about zero tolerance for lying on police reports and perjury.

That is, obviously, as it should be. Holding the line on a principal means holding it everywhere, no excuses. Let us hope the line is consistant throughout the department.

Here’s a clip from Aguilar’s story:

The criminal trial of two Los Angeles police motorcycle cops accused of lying under oath about conducting a DUI traffic stop began this week.

Craig Allen, who was fired, and Phillip Walters, who is on suspension from the force, were charged last year with perjury and falsifying a police report.

The incident occurred in Highland Park just after midnight three years ago. LAPD traffic cops were on watch for impaired driving. A DUI task force was in full force that night.

Officer Cecilio Flores watched a driver roll through one stop sign and then another before pulling her over. He said she had bloodshot eyes and smelled of alcohol. Flores radioed over officers Walter and Allen to assist him with the stop and then take over, a “hand-off” as described in court or a “gimme.”

The DUI stop continued its fairly routine course. The driver was given a field sobriety test, arrested and transported to jail, and Allen began the paperwork.

That last step, the written police report, is the meat of this case.

“He wrote that he was in the area when they observed and pulled over the vehicle,” said prosecutor Rosa Alarcon in her opening statement. “He didn’t mention Flores.”

Alarcon said Walters later testified during a Department of Motor Vehicles hearing regarding the woman’s driver’s license that he saw her driving that night. She added that officer Allen testified at another hearing giving specific details about how they pulled over the driver — but admitted that he hadn’t personally observed the offense after audio of the dispatch recording was played.

“The defendants made a conscious decision to lie,” Alarcon said.

Posted in DEA, Education, LAPD, LAUSD, Restorative Justice, School to Prison Pipeline, War on Drugs, Youth at Risk, Zero Tolerance and School Discipline | 7 Comments »

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