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LASD Deputy James Sexton Retrial, Day 2 – Opening Statements

September 11th, 2014 by Celeste Fremon



We’ll have more on the retrial of Los Angeles Sheriff’s Deputy James Sexton
later in the week. In the meantime, take a look at this story by Douglas Morino of the Los Angeles Register about Day 2 of the proceedings.

The day featured opening statements by the prosecution and the defense, plus testimony from FBI Special Agent David Dahle.

Here’s a clip:

Jurors began hearing evidence Wednesday in the retrial of [James] Sexton, a Los Angeles County sheriff’s deputy charged with conspiracy and obstruction of justice, in the courtroom of U.S. District Judge Percy Anderson. Sexton’s first trial ended in May with the jury deadlocked 6-6.

U.S. prosecutors say Sexton was part of an effort to block a federal probe into allegations of corruption and deputy violence against inmates inside the county’s jails. The conspiracy stretched through a roughly two-month period in 2011 and was aimed at blocking FBI agents from interviewing Anthony Brown, an inmate providing information about corrupt deputies and other misconduct, prosecutors said.

“James Sexton and his co-conspirators took steps to ensure the evils and troubles inside the jail system would never see the light of day,” Assistant U.S. Attorney Brandon Fox told the jury of five men and seven women in his opening statement. “The defendant knew what the goal was – he titled it ‘Operation Pandora’s Box.’”

Thomas O’Brien, Sexton’s attorney, said the deputy was simply following orders that came from the Sheriff’s Department’s highest levels – former Sheriff Lee Baca and Undersheriff Paul Tanaka – to protect Brown, a career criminal facing a 423-year sentence in state prison, from other inmates and rogue deputies who labeled him a “snitch.”

“A junior deputy is facing charges for doing nothing more than following orders and keeping an inmate safe and out of harm,” O’Brien told jurors during his opening statement….

Posted in FBI, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 25 Comments »

LASD Deputy James Sexton ReTrial, Day 1: What Jurors Won’t Hear & Possible Arrest Warrants

September 10th, 2014 by Celeste Fremon



THE JURY IS SELECTED & THERE IS TALK OF WHAT TESTIMONY THE JURORS WON’T HEAR

Tuesday, September 9, was Day One of the retrial of Los Angeles Sheriff’s Deputy James Sexton, and the main thing that got accomplished was the selection of the jury, which is made up of seven women and five men.

Both the prosecution and the defense thought the court would manage to choose the jury panel, plus two alternates, and still have plenty of time for each side to deliver 30 minutes worth of opening statements. But it was not to be.

The attorneys also figured that Judge Percy Anderson would likely rule on the series of motions made by the prosecution having to do with areas of evidence and testimony that the government wanted excluded, even though most of the topics, material and possible witnesses had been part of the defense’s case in Sexton’s first trial, which ended up in a hung jury in late May of this year and thus a mistrial.

But Percy didn’t rule on those motions either.

In a hearing last month, however, Anderson had given a pretty good indication of how he was leaning.


A STORY WITHIN THE STORY

In fact, one of the stories of this trial is likely to be an analysis of exactly what Sexton’s newly selected jury will not be allowed to hear, that the jury from his first trial was able to take into account in their deliberation.

For instance, if Judge Anderson rules the way he previously indicated he was leaning, only 7—or at the most 8—of the 37 times that Sexton was interviewed by the FBI as a cooperating witness may be disclosed or mentioned to the jury. The rest of the deputy’s instances of cooperation with the feds are excluded.

Sexton’s extensive cooperation with the feds is one of the things that the prosecution reportedly believes was much of why six members of the jury in Sexton’s last trial voted to acquit him.

The defense has argued that, since Sexton’s cooperation with the FBI has much to do with the mindset and context in which the deputy made statements to the grand jury, which are the heart of the prosecution’s case, the facts of Sexton’s extensive cooperation cannot be excluded. Nevertheless it appears that much of that cooperation is on the road to being nixed for this trial.

Another likely forbidden topic will be former sheriff Lee Baca’s emotional reaction to learning that the FBI was poking around with an undercover investigation into wrongdoing by LASD deputies in what he regarded as his jails. (Baca was extremely pissed off.)

For instance, the jury may hear about orders Baca gave to Paul Tanaka and others pursuant to the discovery of what the feds were doing, but not the fact that he was demonstrably angry when he gave the orders.

Also likely excluded will be the fact that, prior to the incidents on which the indictments are based—i.e. the hiding and moving of federal informant Anthony Brown—Sexton applied for jobs to a list of law enforcement agencies, including the FBI.

One more topic slated for exclusion is the matter of the reported threats had been receiving from members of the sheriff’s department began he began cooperating with the feds. According to the defense, Sexton had been threatened to the degree that the feds expressed concern about Sexton’s safety. (Interestingly, the threats were convincing enough that Sexton is the only one of the LASD’s federal defendants who was allowed to keep a firearm. He kept two of his guns. All the other defendants, had to surrender their firearms.)

We’ll talk more about these exclusions if and when they occur as the trial goes on.


WITNESSES & ARREST WARRANTS

On Tuesday, at the very end of the day a weird moment occurred when prosecutor Brandon Fox announced that one of the government’s witnesses, Deputy Jason Pearson, who is a work teammate and friend of Sexton’s, had—in a fit of fury at the feds—talked about not showing up on Wednesday, despite being subpoenaed. Fox said that the judge might need to issue an “order” on the matter. Some speculated that this meant an arrest warrant.

Others figured that—once the anger was passed—Pearson would just show up.

On the topic of witnesses, both Lee Baca and Paul Tanaka are still on the witness list for the defense. Of course, whether one or both will be called, remains to be seen.

Opening arguments will be presented Wednesday. Then the government will begin calling witnesses.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 19 Comments »

LA Mayor Backs Jim McDonnell for Sheriff, PTSD in High-Violence Neighborhoods, and “Paws for Life”

September 9th, 2014 by Taylor Walker

LA MAYOR ERIC GARCETTI TO ENDORSE JIM MCDONNELL FOR SHERIFF

Today, LA Mayor Eric Garcetti will officially endorse Long Beach Police Chief Jim McDonnell for Sheriff of Los Angeles County. He will announce his support at 1:00p.m. on the 1st Street Steps of City Hall.

Here are some clips from the announcement:

Chief McDonnell and Mayor Garcetti have been long-time partners in reducing crime, increasing public safety in the region and advancing smarter approaches to policing, including investing in reducing crime by improving opportunities and protecting the most vulnerable, instituting strong management teams and practices, and focusing on results.

Mayor Garcetti believes Chief Jim McDonnell, based on his 29 years’ experience at the Los Angeles Police Department (LAPD) and four years as Chief of Police in Long Beach, has the experience, credibility and judgment to lead the LASD forward.

[SNIP]

Chief McDonnell is an outsider who will bring a fresh perspective to the Sheriff’s Department by rebuilding community trust and enhancing transparency within the Department. He supports the creation of a Citizens’ Oversight Commission and understands the importance of community-based policing, which he helped design and implement within the LAPD, and which Mayor Garcetti strongly supports.


THE UNDENIABLE COST OF PTSD ON KIDS AND FAMILIES IN INNER CITY NEIGHBORHOODS

Emerging research reveals that people living in high-violence neighborhoods experience rates of Post-traumatic Stress Disorder (PTSD) rivaling that of war veterans. Despite this, not much is being done to combat trauma in inner-city communities, particularly concerning its effects on children.

Lois Beckett’s story for ProPublica explains the real cost of PTSD on families and communities and why it is such an important issue. (The story was co-published with Essence magazine.) Here’s a clip:

Last October, Aireana and her boyfriend were driving through Oakland when a man on the street opened fire on their car. Her two children, ages 6 and 1, were in the backseat. Aireana, who asked to be identified only by her first name, remembers feeling something slam into her jaw and hearing a sound like a firecracker popping in her head. Her boyfriend hit the accelerator and swerved down the street. He and Aireana turned at the same moment to check on the kids. They were safe. Then her boyfriend looked at her and saw blood spurting from her neck. “Oh, my God,” he said, panicking, and crashed into a parked car.

In the shock after the crash, Aireana had only one coherent thought: I cannot die in front of my kids. They cannot see me die. She unbuckled her seat belt and pushed herself out of the car. As she stood, she felt dizzy and closed her eyes. But the thought of her children propelled her forward. They can’t see my body lying here dead. Still dazed, she walked away from the car. She could hear her daughter screaming behind her, “My mom’s dying!”

[SNIP]

A bullet had smashed through her front teeth, grazed her tongue and broken her jaw. In the emergency room, the surgeons repaired her tongue. Later, they wired her jaw shut so that it could heal. Aireana stayed in the hospital for more than a month. When she went home, her face was still puffy and swollen, and she had a hard time talking. Fragments of the bullet were still lodged in the side of her neck.

“You’re so lucky,” her friends kept telling her. “Why are you still so sad? You’re okay—you’re alive.” But Aireana couldn’t stop thinking about the shooting. She felt guilty, as if it were her fault that she had been hit. Why hadn’t she lifted her arm to block the bullet? Why hadn’t she ducked? The shooting played over and over in her dreams. Sometimes, reliving it, she remembered to duck, and then the bullet passed over her and hit one of her children. She’d wake up in a panic, soaked in sweat.

[SNIP]

The burden of post-traumatic stress on low-income communities of color gets very little attention. What public recognition it does receive is often sensationalized: A TV reporter apologized this spring after a segment on young people dealing with trauma in Oakland referred to PTSD as ” hood disease.”

“Someone in the community has to stand up and say, ‘Because of all the gun violence, we have a lot of traumatized people—and it’s not just the people who are being shot and shot at, it’s the people who are witnessing it, the vicarious trauma,’” says Arthur C. Evans, Jr., Ph.D., the commissioner of Philadelphia’s Department of Behavioral Health and Intellectual Disability Services. With the support of Mayor Michael Nutter, Evans has pushed Philadelphia to treat trauma as a major public health issue and to develop a comprehensive approach to PTSD. Over the past eight years, city officials have worked with hospitals, community mental health clinics, pediatricians, schoolteachers and police officers to increase awareness of the disorder and make sure residents are connected with treatment professionals. “We have to stop telling our kids they just have to live with this,” Evans says.

This past July, Aireana helped her kids overcome their terror of the firework noises they thought were gunshots outside their apartment:

As her neighbors set off firecrackers in the street, she kept her kids at a distance. She pointed to the lights: “That one’s cool.” A purple explosion: “Oooh, nice.” Gradually, they walked closer. Later, she gave her kids sparklers and watched them run around making glowing scribbles in the dark. She had always loved fireworks. It was good to see her kids not being afraid and enjoying them, too.


DOGS AND INMATES RESCUE EACH OTHER

Karma Rescue, a non-profit that saves animals at high kill-shelters, partnered with CA State Prison LA County in Lancaster to launch an inmate-dog training program called “Paws for Life.” Karma saved five dogs at risk of being euthanized, and brought them to the Lancaster prison where 14 inmates spent 12 weeks training the dogs to boost their chance of finding permanent homes.

The program was a huge success for both inmates and the dogs who brought unconditional love and happiness into a place largely devoid of both. Four of the five dogs have been adopted since their graduation on August 9, and the program is set to begin again in September with 10 new dogs in need.

We’ve reported on programs of this kind before in LA County, but this is the first to be performed in a high-security prison with lifer inmates.

The Huffington Post’s Dr. Patricia Fitzgerald has more on the program (and John DuBois and Shaughn Crawford have taken some powerful photos of the dogs and their incarcerated friends). Here are some clips:

Fourteen inmates were then selected to train five shelter dogs who stayed at the prison this summer for a 12-week program. From the very beginning, the program struck a chord with everyone involved. Karma Rescue’s founder Rande Levine wrote, “Men who had not seen an animal in decades were openly emotional at the sight of the beautiful creatures before them. Just petting our dogs brought many to happy tears. It was a day I will never, ever forget.”

Several times a week, professional dog trainer Mark Tipton and several dedicated Karma Rescue volunteers drove out to the prison to instruct the inmates on how to train their assigned dogs for ‘Canine Good Citizen’ certification, a designation that increases the chance that a dog will be successfully adopted.

I attended the graduation of the first class of Paws for Life on August 9th, and what made it so powerful was the pervasive sense that absolutely everybody involved in the program — the volunteers, the prison warden and staff, the inmates, the dogs, and everyone in their vicinity — was transformed by it.

[SNIP]

For Captain Crystal Wood, having the Paws for Life program represents a “lifelong dream” of hers to have a dog program at the prison. She noticed a huge change in the inmates in a relatively short time after the dogs entered the prison.

“A lot of times in this setting it’s so depressing and you don’t show emotion…feelings and when you have a creature that gives you unconditional love and licks you and doesn’t care – you see men who’ve been in prison for 20 and 30 years break down and cry just for the compassion and the humanity. It’s just generally made the yard a calmer place,” Capt. Wood said.

Mark Tipton, the trainer for the inmates, was beaming and proud of his students: “I had high hopes and they met them. When I first came I had one of the officers tell me, ‘I’ve never seen any of these guys smile and I’ve been here 14, 15 years and now they’re coming out smiling like Cheshire cats.’ They have smiles on their faces — happy, happy – and it gives them purpose.”

And here’s what some of the inmate participants had to say about the program:

DeAngelo: “The dogs have taught me how to be patient and how to continue to love no matter what’s going on around you and to you, just continue to learn how to love. No matter what’s going on with the dog, he responds the same way … he loves you, and that’s what I got out of that. Our trainer, Mark, he taught us patience, how to be gentle, how to love. He was very patient with us.”

John M.: “This program has saved my life. It’s pretty simple. I have been in prison for twenty plus years…The Paws for Life program came along with Karma and all of a sudden I can love again. I can feel love. I can experience emotions that I have been holding down for twenty plus years…I sleep better at night, I’m more able to speak with people, I’m a little bit more literate. All of this comes from having a dog.”

Oliver: “It gave me another chance at unconditional love. It’s changed the entire yard, there is a lot of peace with the C.O.s (Correctional Officers) and other inmates. It brought everybody closer.”

Posted in Jim McDonnell, Los Angeles Mayor, prison, PTSD | 2 Comments »

Funding for Relatives Caring for Kids, Bill to Keep Kids Exiting Detention Enrolled in School, LA Metro May Boost Oversight of LASD Contract, and a Non-profit Prison Idea

September 8th, 2014 by Taylor Walker

WILL LA COUNTY ACCEPT MUCH-NEEDED STATE FUNDING FOR KINSHIP CAREGIVERS?

In June, Gov. Jerry Brown allocated $30 million from the state budget for giving relative caregivers the same CalWORKS financial support as non-relative foster parents.

Counties have until October 1 to opt-in to receive the crucial funding. The LA County Department of Children and Family Services says it is considering whether to opt-in, but will make its decision by the deadline.

Giving equal funding to kinship caregivers was one of the Blue Ribbon Commission on Child Protection’s top recommendations for reforming a troubled DCFS.

The Chronicle of Social Change’s Jeremy Loudenback has more on the issue and why it is so important. Here are some clips:

With the highest number of foster children in the state, Los Angeles County could see as much as $25 million in state funds go to family caregivers, according to advocates with the California Step Up coalition. They say the county’s participation in the Relative Caregiver Funding Option Program would lead to greater placement stability, better outcomes for foster children and significant cost savings to the county by avoiding more expensive placement alternatives such as group homes.

“It’s kind of a no-brainer from where we sit,” said Laura Streimer, the legal director at the Alliance for Children’s Rights. “Why not roll the dice and use it now? The majority of the $30 million allocation state budget would come to L.A. County because we have the most children who qualify for it. Why wouldn’t you take that?”

The county’s Department of Children and Family Services (DCFS) is weighing whether or not to opt in. According to a statement emailed to The Chronicle of Social Change by DCFS Public Affairs Director Armand Montiel, Los Angeles County will “resolve the issue” by October 1.

“The Department supports equity for relative caregivers and is preparing a recommendation for our Board regarding this program,” Montiel wrote in an email. “At this point, the State has not finalized the methodology it will use to determine each county’s base caseload and funding level. Understanding the State’s methodology for determining the base caseload and funding is essential in making accurate projections regarding the potential county costs of this program for the first year and for outlying years.”

The clock is ticking.

[SNIP]

Despite recent research that shows that living situations with family members translate to better educational outcomes for foster youth than congregate-care placements like group homes, most relative caregivers receive a paucity of funding that lags behind the support given to unrelated caregivers.

Because of arcane eligibility rules based on the poverty standard from 1996, more than half of all foster children living with relatives do not qualify for federal foster care benefits. For relative caregivers who aren’t eligible for federal money, this means that the only support California offers them are CalWORKs benefits. This ends up being less than half the amount of money non-relative caregivers typically get from the foster care system.

The yawning gap in funding and support has hit family caregivers particularly hard, according to advocates. The scant funding and support provided to family caregivers is seldom enough to care for children who often have specialized care needs that result from experiencing trauma or abuse.

California is “forcing families—primarily low income, single women, and a disproportionate number of African Americans and Latinos—into deep poverty to keep their families together,” Kinship in Action Director Joseph Devall wrote in an email to The Chronicle of Social Change. Kinship in Action supports the rights of family caregivers in South Los Angeles.

The LA Times’ editorial board is also urging the county to opt-in to boosting funding for relatives caring for kids that would otherwise be placed with strangers or sent to group homes. Here’s how it opens:

Thousands of California children who have suffered abuse or abandonment are sent to live with strangers in foster homes. That often happens even if there are extended family members ready and willing to take them in, despite California laws requiring placement with relatives when possible, and even in the face of countless studies that show the kids do better in the long run after stays with relatives rather than strangers.

So why do we keep doing it? Because so many of those relatives, retired or with their budgets maxed out raising their own kids, need a bit of financial assistance to be able to take in their nieces and nephews, siblings or grandchildren — and because under a complicated and outdated set of state, federal and local laws and rules, they can get only a tiny fraction of the funding that non-related foster parents get. Worse yet, there is a shortage of foster parents, so the children often end up being sent to group homes, which are the most expensive option and produce the least desirable outcomes. Government foolishly requires itself to pay more to get worse results.


BILL TO REQUIRE THAT KIDS LEAVING DETENTION CENTERS ARE PROMPTLY RE-ENROLLED IN SCHOOL

Over 42,000 kids attend school in California juvenile detention facilities on average each year, yet only 20% of those re-entering their communities re-enroll in public schools within the first 30 days of their release.

Experts say these kids fall through the cracks due to broken communication between the government agencies responsible for these kids.

An important bill awaiting Gov. Jerry Brown’s signature, AB 2276, would address this issue by ensuring kids exiting detention facilities will be immediately enrolled in school.

New America Media’s Michael Lozano has more on the bill authored by Assemblymember Raul Bocanegra. Here’s a clip:

In high school, Tanisha Denard struggled to get herself to class on time. Her walks from home to John C. Fremont High School in South Central Los Angeles were long, the buses were crowded and when there was space, Denard rarely had the fare. “I got passed by the bus a lot and I didn’t have money,” she recalls.

The truancy tickets piled up – Los Angeles municipal code allows schools to issue citations of up to $250 to tardy and absent students – and so Denard, now 20, whose family was unable to cover the cost, paid her debt by serving time at a county juvenile hall. When she was released, school officials informed her that reenrolling at her old public high school wasn’t an option — she would need to begin the much lengthier process of finding a new school and getting herself enrolled.

Although Denard was eventually able to navigate her way into another school, she is by far the exception. The story of young people leaving the juvenile justice system with no clear academic transition plan is a familiar one to youth advocates, despite existing laws that are meant to avoid such scenarios.

“They’re supposed to be coordinating – there are laws that talk about coordination and communication – but that’s not happening the way it needs to happen,” says Laura Faer, Education Rights Director with Public Counsel, a pro-bono law firm.

What makes AB 2276 different from current laws, says Faer, is the requirement that juvenile probation and county education departments work together to form transition policies in collaboration with local education agencies. In addition, the bill would create a statewide stakeholder group headed by the Superintendent of Public Instruction and Board of State Community Corrections that would study best practices and be required to report back to the state legislature.

Faer has seen plenty of past instances where court school records are not transferred from probation officials to the county office of education immediately upon a child’s release, which in turn creates a negative outcome for the student.

“A student shows up at the school and the school says, ‘you don’t have any of your documents, so you can’t come.’ Or worse, even if they are allowed to go to school, [the schools] don’t know anything about them,” says Faer. “A child [may have] already taken algebra when they were in the hall or in the camp, then they’re put in the exact same classes. Then they get disaffected and they drop out, because they keep getting shuffled and doing the same things over and over again. So that handoff, that transition, is really critical.”


LA METRO WORKS TOWARD ROBUST OVERSIGHT AFTER AUDIT REVEALED LASD MISSED POLICING GOALS

In July, an audit found that the LA County Sheriff’s Department had fallen short of Metro policing goals for reducing crime. The audit came as Metro was considering renewing a three-year contract with the LASD.

Part of the problem, LA Mayor Eric Garcetti says, is a failure to administer adequate oversight.

The mayor (who is also chairman of the Metropolitan Transportation Authority) has proposed a motion to hire several Metro staff to keep track of contract goals, and to have the department’s inspector general audit the LASD-Metro contract every two years.

The LA Times’ Laura J. Nelson has the story. Here’s a clip:

In a motion proposed by Los Angeles Mayor Eric Garcetti, the chairman of the county Metropolitan Transportation Authority, board members asked for several new Metro staff members who would keep tabs on key contract benchmarks, including fare evasion, system safety and response times. The board also asked Metro’s inspector general, the internal agency watchdog, to audit the transit police contract every two years.

The audit, written by an outside firm and commissioned by Metro officials, also faulted the transit agency itself for weak oversight of the contract.

“We didn’t hit some of the most basic things that are part of the contract,” Garcetti said during a meeting at Metro’s downtown headquarters. “We have failed on the oversight.”

The push comes as officials weigh awarding a three-year security contract expected to cost about $400 million. The transit police agreement with the Sheriff’s Department expires Dec. 31.

Sheriff’s Department officials said they agree with the majority of the findings and are working to correct the issues raised in the audit.


TRANSFORMING A PRIVATE PRISON INTO A NON-PROFIT FACILITY

Citizens United for the Rehabilitation of Errants (CURE), a 20,000-member activist group, has proposed that a privately run D.C. jail be transformed into a non-profit-run jail focused on rehabilitating rather than warehousing inmates.

The jail is currently operated by the controversial private prison group, Corrections Corporation of America (CCA), but its contract will end in 2017.

The Huffington Post’s Saki Knafo has more on the unique idea. Here’s a clip:

Citizens United for the Rehabilitation of Errants, or CURE, a prison reform group comprised mainly of former inmates, wants to convert a private jail in D.C. into what they say would be the first nonprofit lockup in the country, if not the world. At this point, the idea is just that — an idea. The group, which claims some 20,000 members throughout the country, convened its first meeting about the proposal on Friday at D.C.’s Harrington Hotel, but has yet to figure out any of the logistics of what they admit would be a complicated, even quixotic effort.

Charlie Sullivan, the executive director of CURE, acknowledged that the idea might make him sound like a knight “chasing after one of those windmills.” Still, he argues that his idealism may be exactly what is needed.

“What both the private and government-run prisons are doing is just holding people,” said Sullivan. “They’re playing defense; we need to play offense. We need to give people an opportunity to change their lives.”

The group has set its sights on the Correctional Treatment Facility, one of the city’s two jails. For nearly two decades, the facility has been run by the Corrections Corporation of America, a for-profit, private prison company based in Nashville, Tennessee. Over the last few years, criticisms of such companies have grown louder, with advocates for inmates saying that private prisons are incentivized to lobby for harsh laws that keep beds filled while skimping on rehabilitation services, training programs for corrections officers, and anything else that could cut into their profit margins.

Posted in DCFS, Education, Foster Care, jail, juvenile justice, LASD, Los Angeles Mayor | 1 Comment »

Sentencing Postponed for Six Members LA Sheriff’s Department Convicted of Obstruction of Justice

September 5th, 2014 by Celeste Fremon


Sentencing has been postponed for six members of the Los Angeles Sheriff’s Department who were convicted
of obstruction of a federal investigation in connection with hiding FBI informant Anthony Brown from his fed handlers.

The six defendants—LASD deputies Gerard Smith and Mickey Manzo, sergeants Scott Craig and Maricela Long, Lieutenant Stephen Leavins, and Gregory Thompson, a now-retired department lieutenant—were originally scheduled to be sentenced by Judge Percy Anderson next Monday, September 8. But on Wednesday afternoon Anderson signed the order to postpone sentencing for two weeks, until Sept. 22.

The postponement was granted at the request of Deputy James Sexton and his attorneys, led by Thomas O’Brien, who contended that the sentencing of the six LA Sheriff’s Department members was bound to draw extensive press attention, thus making it challenging for Sexton—who is about to be retried for the same obstruction of justice charges of which the six were convicted—to find the kind of untainted jury pool necessary for a fair trial.

Sexton’s trial (or rather his retrial, since he was already tried for this whole mess once, resulting in a 6-6 hung jury) is set to begin on September 9, the day after the six defendants were originally scheduled to be sentenced.

The prosecutors objected to the postponement, pointing out, in essence, that there had been plenty of press about the indictments, et al, before the previous trials of Sexton and of the six, and yet no one had complained of a tainted jury. “In neither trial did any juror indicate that they had been prejudicially exposed to media coverage of the trial…” the prosecutors wrote. And Sexton’s attorneys hadn’t given any reasons why this trial would be any different.

Yet, it didn’t appear that their hearts were really into their objections.. After all, with the sentencing postponed they could use that same day for trial prep, which presumably wouldn’t hurt.


SO WHAT KIND OF SENTENCES COULD THE SIX LASD DEFENDANTS RECEIVE?

The government filed its sentencing reports and recommendations for each of the six defendants last month, and the sentences requested are sobering.

The suggested sentences for the two deputies and one of the sergeants are the lowest.

For Deputy Mickey Manzo who, together with Deputy Gerard Smith, was on the team that reportedly hid Anthony Brown from his FBI handlers, the feds requested 30 months, or two and a half years.

The recommendation for Gerard Smith, who has a special needs child, is slightly shorter at 28 months, or two years and four months.

When it came to Sergeant Maricela Long, who—along with Sgt. Scott Craig—was involved in the investigation of FBI Special Agent Leah Marx, the feds went back up to 30 months.

They viewed Long’s partner, Sergeant Scott Craig, with far more severity. Craig was the person who threatened FBI Agent Marx with arrest, and also appeared to deliberately try to persuade deputy Gilbert Michel not to talk to the FBI. (Michel was the guy who accepted a bribe to smuggle a cell phone into Anthony Brown.) Craig also took the stand in his own behalf and said things that the prosecutors maintained were “demonstrably false,” thus were “further acts of obstruction.”

With all that in mind, the government asked that Craig’s sentence be 51 months, or 4 years, three months.

Surprisingly, the government requested a longer sentence for Craig than they did for retired Lt. Gregory Thompson, who actually ran the Operation Safe Jails team that hid Anthony Brown, and he was the guy for whom Smith, Manzo and Sexton worked. Thompson’s suggested sentence was 48 months, or 4 years.

The feds reserved its very longest suggested sentence for Lt. Stephen Leavins. Leavins, who was the supervisor for Craig and Long, also allegedly attempted to persuade Michel and others not to talk to the FBI. Like Craig, Leavins took the stand for himself, and denied wrong doing, for instance, claiming that he moved Anthony Brown only for Brown’s own safety, when other factors suggested the main purpose was to keep Brown away from the feds, all of which added up to perjury said the prosecutors in their sentencing memo. More than Craig, according to the feds, Leavins told some true doozies when he was on the stand, claiming to be at meetings where others testified he could not have been, claiming other officials said things that, they and others flatly denied, and other alleged falsehoods.

For Leavins, the feds requested a sentence of 60 months or 5 years.

Posted in FBI, jail, LA County Jail, LASD, Sheriff Lee Baca, U.S. Attorney | 38 Comments »

Racial Bias Produces More Punitive Laws, LAPD Chief Charlie Beck Interview, LA Clinics Keeping Mentally Ill Out of Jail…and More

September 4th, 2014 by Taylor Walker

WHITE PEOPLE’S RACIALLY BIASED PERCEPTIONS LEAD TO HARSHER CRIMINAL JUSTICE LAWS AND HARM PUBLIC SAFETY

A new publication from the Sentencing Project takes a look at how racially biased perceptions of crime beget harsher criminal justice laws and policies.

According to a 2010 survey, white people overestimate by 20-30% the percentage of crime committed by blacks and Latinos.

The study found that although white Americans are less frequently victims of crime than blacks or Latinos, they are more likely to favor more punitive laws (like the death penalty, “three strikes” laws, and trying kids as adults). And those that associate higher crime rates to minorities favor those aforementioned punitive laws more than white people who don’t attribute a higher percentage of crime to minorities.

These perceptions, which negatively affect public safety, are also perpetuated by the media and policymakers. Here are some clips from the findings:

Media crime coverage fuels racial perceptions of crime. Many media outlets reinforce the public’s racial misconceptions about crime by presenting African Americans and Latinos differently than whites – both quantitatively and qualitatively. Television news programs and newspapers over-represent racial minorities as crime suspects and whites as crime victims. Black and Latino suspects are also more likely than whites to be presented in a non-individualized and threatening way – unnamed and in police custody.

Policymakers’ actions and statements amplify the public’s racial associations of crime. Whether acting on their own implicit biases or bowing to political exigency, policymakers have fused crime and race in their policy initiatives and statements. They have crafted harsh sentencing laws that impact all Americans and disproportionately incarcerate people of color. Through public statements, some have stoked the public’s heightened concern about crime and exaggerated associations of crime with racial minorities.

Criminal justice practitioners also operate with and reinforce racial perceptions of crime. Disparities in police stops, in prosecutorial charging, and in bail and sentencing decisions reveal that implicit racial bias has penetrated all corners of the criminal justice system. Moreover, policies that are race- neutral on their surface – such as “hot spot” policing and certain risk assessment instruments – have targeted low-income people of color for heightened surveillance and punishment.

Racial perceptions of crime have distorted the criminal justice system. By increasing support for punitive policies, racial perceptions of crime have made sentencing more severe for all Americans. The United States now has the world’s highest imprisonment rate, with one in nine prisoners serving life sentences. Racial perceptions of crime, combined with other factors, have led to the disparate punishment of people of color. Although blacks and Latinos together comprise just 30% of the general population, they account for 58% of the prison population.

Racial perceptions of crime have undermined public safety. By increasing the scale of criminal sanctions and disproportionately directing penalties toward people of color, racial perceptions of crime have been counterproductive for public safety. Racial minorities’ perceptions of unfairness in the criminal justice system have dampened cooperation with police work and impeded criminal trials. In 2013, over two-thirds of African Americans saw the criminal justice system as biased against blacks, in contrast to one-quarter of whites. Crime policies that disproportionately target people of color can increase crime rates by concentrating the effects of criminal labeling and collateral consequences on racial minorities and by fostering a sense of legal immunity among whites. Finally, racial perceptions of crime have even led to the deaths of innocent people of color at the hands of fearful civilians and police officers.


PATT MORRISON INTERVIEWS LAPD CHIEF CHARLIE BECK

In an interview with the LA Times’ Patt Morrison, LAPD Chief Charlie Beck shares his thoughts on Ferguson and LA’s Ezell Ford shooting, police militarization, “broken window” vs. “community policing,” his reappointment, and a lot more. It’s worth reading the whole thing for yourself, but here are some clips:

There’s community anger about the fatal shooting of a mentally ill South L.A. man, Ezell Ford. Incidents like these make people afraid that L.A. could tip over into violence again.

Of course we’re afraid. I’m worried too. They don’t pay me not to worry! We’ve built relationships and put money in the bank of trust, and we’re more open and transparent than we’ve ever been, and we try to be as open and transparent as we can within the parameters of public safety and the law. If you do those things, you should be able to get through an Ezell Ford.

[SNIP]

In Ferguson, Michael Brown was stopped by police for jaywalking, a minor violation that might be prosecuted under the “broken windows” policing practice. Is there a contradiction between “broken windows,” which some people might regard as harassment, and “community policing”?

Everybody interprets “broken windows” and “community policing” in their own way. There are people who believe they contradict each other. I’m not one of those. I think they complement each other. But it doesn’t mean enforcing all minor crimes; it means enforcing the ones that are precursors to more serious crimes. It’s about working to eliminate an obvious prostitution stroll because it’s a magnet for violent crime and it leads to human trafficking and the degradation of women and the breakdown of families.

I want to make sure people understand this is a department that believes in community policing and building trust. Are we a perfect department? There’s no such thing. Do we strive to be that? I think we do.

[SNIP]

Is a national database for violent police-civilian encounters a good idea?

We would have no problem doing that. Those are part of the statistics that I read weekly to the Police Commission. I say how many categorical uses of force we’ve had this year, how many officer-involved shootings, assaults on police officers… The real discussion: Why are some communities more susceptible to violence than others?

Violence between the police and public occurs [where] there’s also a huge amount of general violence. I’m not excusing police violence; I’m saying it’s more than that. You bring down general violence, you bring down violence between the police and the community too. A lot of that has to do with things that are far outside the control of the police and maybe outside the control of government, but I wish we had that discussion as vigorously as we do about violence toward and by the police.

The Defense Department provides police with military-grade equipment. In Ferguson, it seemed to heighten the tensions.

These things have an application but must be limited. You see what the LAPD does for crowd control — our primary line of crowd control is our bike officers. We may have the equipment, but we certainly don’t brandish it; we don’t show it when it’s not needed because it just escalates. You have to have strong rules. Nobody wants a police state, certainly not me, and nobody wants a militarized police department.

[Recently] a suspect was firing an assault weapon with dozens and dozens of rounds at his disposal, and he shot one of my SWAT officers. If we hadn’t had an armored vehicle and were able to approach him, we’d have had many more injured. But in a crowd-control situation, absolutely not.

Be sure to read the rest.


LA MENTAL HEALTH CLINICS WORK TO KEEP THE THOSE WITH MENTAL ILLNESS OUT OF LOCK-UP AND EMERGENCY ROOMS

A string of clinics in Los Angeles are successfully keeping people with mental health emergencies out of jail and emergency rooms. The four county-run clinics (with a fifth on the horizon) are all open 24-hours-a-day and predominantly serve the poor and homeless. As well as providing immediate services to people experiencing psychological crisis, they connect patients with more long term outpatient care and rehab centers. Data from the past few years shows that nearly everyone who visits one of these clinics stay out of jail and the emergency room during the month after a visit.

KPCC’s Rebecca Plevin has more on the clinics. Here’s a clip:

One of the clinics, Exodus Eastside Urgent Care Center, sits across the street from the L.A. County/USC Medical Center. Patients are referred from other hospitals, rehab programs, social service agencies, and law enforcement. Roughly one in five is homeless, and most are poor.

The clinic is open 24 hours a day, 365 days a year. Patients come with a range of mental health needs. Some need a refill of their psychiatric medications. Others have been placed on involuntary psychiatric holds, and can remain at the clinic up to 23 hours.

“The emergency rooms aren’t really a great place for treating people who are in psychiatric crisis,” says Marvin Southard, director of the L.A. County Department of Mental Health, noting that ERs are chaotic, overcrowded with medical patients and expensive.

There are currently four mental health urgent care clinics, which together serve about 23,000 patients a year. A fifth is scheduled to open on Thursday on the campus of the Martin Luther King, Jr. Community Hospital.

The clinics are more than emergency rooms for the mentally ill. They’re better understood as service hubs, stabilizing people in the short-term, and connecting them to outpatient mental health care and longer term alcohol and drug treatment, Southard says.

Establishing those links between patients and services is challenging but critical, says Kathy Shoemaker, vice president of clinical services for Exodus Recovery Inc., the nonprofit agency that runs Eastside Urgent Care Center for the county.

“Every individual that comes to see us will leave here with a very definitive plan as to how to continue with mental health services,” Shoemaker says.

That “warm hand-off,” as the center’s team calls it, allows patients to continue to recover – instead of ending up back on the streets, in the ER, or possibly in jail.


GROUP REPRESENTING 69 CA MAYORS BACKS GUN RESTRAINING ORDER BILL

Late last week, the California Gun Restraining Order bill, AB 1014, landed on Gov. Jerry Brown’s desk. The bill, which would allow family members and law enforcement to petition a court to temporarily restrict individuals displaying certain warning signs from possessing firearms. (Read WLA’s previous post on the issue, here.)

Now, the California coalition of Mayors Against Illegal Guns, a group representing 69 mayors throughout the state, has sent Gov. Brown a letter urging him to sign the bill. Here’s a clip from their letter:

We watched with horror on May 23, 2014 as a young man murdered six people in Isla Vista, CA. The killer’s parents had contacted police after he made suicidal and homicidal statements. But police decided he did not meet the standard for emergency commitment—and no one could act in time to keep guns out of his hands. AB 1014 would empower law enforcement and family members who see troubling warning signs in cases like these to petition a court and temporarily prohibit a dangerous person from having guns.

Gun violence restraining orders (GVROs) would create an opportunity to stop gun violence in real life-or-death situations while still protecting the Second Amendment rights of lawful gun owners. Under current federal and California state law, a person is only prohibited from buying or possessing guns if they have been convicted of a prohibiting crime, have been adjudicated as mentally ill or hospitalized to a mental institution, or else is subject to a restraining order protecting a particular individual. Other dangerous people may display significant and serious warning signs of violence, but will still be able to buy guns. GVROs would allow family members and law enforcement—often the first to see these warning signs—to present evidence of such danger to a judge, who could temporarily prohibit a person from gun possession and order them to temporarily turn in their guns if they were able to meet the high burden of proof the law requires.

(The LA Times’ Patrick McGreevy has more on the issue.)

Posted in Charlie Beck, guns, LAPD, mental health, race | 3 Comments »

Will Brown Sign the Gun Restraining Order Bill?…New Study Shows Most Juvie Offenders Have High Childhood Trauma….LAPD IG Calls for Ford Shooting Witnesses….

September 3rd, 2014 by Celeste Fremon



NOW THAT THE GUN RESTRAINING ORDER BILL HAS LANDED ON JERRY BROWN’S DESK, WILL HE SIGN IT?

On Friday, state lawmakers passed a piece of legislation called the California Gun Restraining Order bill, or AB 1014, which would allow family members to petition a court to remove firearms from a loved one temporarily if the family believes there is a serious risk involved.

The question is: Will Governor Jerry Brown sign the bill?

Brown is not all that fond of any legislation having to do with gun regulation.

The measure was introduced in response to the Isla Vista killing rampage that occurred in May of this year and resulted in six dead students and many more wounded before 22-year-old Elliot killed himself. In the days prior to the tragedy, Roger’s parents became so concerned about their son’s scarily erratic behavior that they called the police, who could do nothing because he didn’t meet the existing criteria for intervention.

Getting the bill passed and, now signed, has been a priority for a diverse group of advocates and officials like the Brady Campaign, the California State Sheriffs Association, Disability Rights California, the City of Los Angeles, Attorney General Kamala Harris, the California Psychiatric Association….and more.

Gun rights advocates opposed the bill as unnecessary and open to abuse.

Now the LA Times editorial board is urging the governor to sign the bill, and the San Francisco Chronicle’s board strongly favors it too.

Here’s a clip from the SF Chron’s essay (written just before the bill cleared the state assembly):

Sacramento’s rush toward an end-of-session deadline doesn’t always produce the best results, but the Legislature is close to producing a gun measure that deserves support and praise. It’s a marked contrast to Washington, still cowed by gun rights extremists.

The bill allows families of mentally troubled individuals to petition courts to take away firearms, a direct response to the Isla Vista that left six dead in May.

Present law allows law enforcement to confiscate guns from people who have court convictions, domestic violence restraining orders or a record of mental instability. But as the Isla Vista killings showed, there’s a gap: a troubled person – in this case 22-year old Elliot Rodger – easily obtained guns that he ended up using in the rampage….

And here’s a clip from the LAT editorial:

AB 1014 empowers a judge to issue a “gun violence restraining order” after being presented with reasonable cause to believe a gun owner could “in the near future” harm himself or others. Under its authority, police would be allowed to search the subject’s residence and remove weapons. Guns owned by another resident of the home could also be confiscated unless they are secured beyond the reach of the restrained person, such as in a locked gun case.

The legislation arose after it was discovered that Rodger, despite a history of mental illness, legally bought all three of the guns he used. Notably, they were only part of his arsenal: Rodger killed his first three victims with knives, and he injured several others by striking them with his car.

That has prompted some critics of this legislation to argue that it would not have prevented the rampage that inspired it. That may be true — or at least partly true — but it misses the larger point that mentally ill people with violent tendencies should not possess firearms….


FLA STUDY LOOKS AT JUVENILE JUSTICE & TRAUMA AND THE RESULTS ARE STARK

A recent study conducted by Florida’s Office of Juvenile Justice and Delinquency Prevention and the University of Florida found a significant correlation between a high degree of childhood trauma and kids who end up in the juvenile justice system. Kids who run afoul of the law have starkly higher amounts of adverse childhood experiences—or ACES—than the general population.

Interestingly, the Florida study found a much stronger link between childhood trauma and juvenile offenders than was originally found in the groundbreaking 1998 epidemiological study done by the Center of Disease Control, which mapped out the relationship between early trauma and poor outcomes later in life like cognitive impairments, high risk behavior, social/emotional problems and so on.

The Florida project, which surveyed 64,329 Florida juvenile offenders, found that only 2.8 percent reported no childhood adversity, compared with 34 percent from the original 1998 CDC study.

Cecilia Bianco at Reclaim our Futures has more on the significance of the Florida study. Here’s a clip:

The 10 adverse childhood experiences measured in the Florida research and the CDC’s ACE Study were the same:

*Emotional, physical, and sexual abuse
*Emotional and physical neglect
*Witnessing a mother being abused
*Household substance abuse
*Household mental illness
*Losing a parent to separation or divorce
*Having an incarcerated household member

Half of the Florida juveniles reported four or more ACEs, compared with 13 percent of those in the CDC’s ACE Study. Young people with four ACEs are twice as likely to be smokers, 12 times more likely to attempt suicide, seven times more likely to be alcoholic, and 10 times more likely to inject street drugs.

The Department of Juvenile Justice incorporates trauma-informed practices into many of its programs due to the higher rates of certain individual types of trauma among juvenile justice-involved youth.

This study provides further evidence to support these practices that create safe environments for young people to avoid re-traumatizing them and to facilitate participation of trauma survivors in the planning of services and programs. Released in the Spring 2014 issue of the Journal of Juvenile Justice, the Florida study has sparked the interest of state government, and academic and child advocacy communities….


LAPD INSPECTOR GENERAL HAVING TROUBLE FINDING WITNESSES IN THE EZELL FORD SHOOTING

On Tuesday, LAPD Inspector General Alexander Bustamante pleaded in a statement asking for anyone who witnessed the Ezell Ford shooting to please contact his office.

Ford was the mentally ill 25-year-old who was shot and killed by LAPD officers in South LA, on August 11, touching off a string of peaceful demonstrations.

Originally, there were said to be several community witnesses to the shooting, but only one has turned up, Bustamante said in a statement.

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

Bustamante’s investigation is one of three into the shooting: the LAPD’s Force Investigation Division and LA County District Attorney’s Justice System Integrity Division also are conducting inquiries.

The inspector general said he remains hamstrung by the lack of first-person accounts of what happened in a neighborhood where distrust of police can run deep.

“I need witnesses to come forward,” he said “I remain powerless without witness accounts of the incident to shed additional light on what occurred.”

LAPD Commander Andrew Smith has said gang officers were making an “investigative stop” in the 200 block of West 65th Street around 8pm August 11 when Ford “tackled” one of the officers and tried to grab his gun. The department has refused to provide a more complete explanation of why officers stopped Ford….


Posted in children and adolescents, guns, Inspector General, juvenile justice, LAPD, PTSD, Trauma | No Comments »

More Exonerations, but Fewer Resulting from DNA Testing….CA’s Mentally Ill Prisoners to Receive Better Care in Specialized SHUs….Unarmed Suspects “Reaching for Their Waistbands”….and an Abandoned FBI Sting Against the LASD

September 2nd, 2014 by Taylor Walker

EXONERATIONS AT A RECORD HIGH, BUT NOT BECAUSE OF DNA TESTING…ATTRIBUTED INSTEAD TO OTHER BREAKDOWNS IN THE JUSTICE SYSTEM

Last year, the National Registry of Exonerations documented 87 exonerations—the highest number on record. The relatively new registry has identified over 1,400 such exonerations since 1989. In the beginning, most of those exonerations came as a result of advances in DNA testing. Now, in California and across the nation, groups like the California Innocence Project are dealing predominantly with convictions involving justice system failures such as alleged prosecutorial misconduct, coerced confessions, and junk science.

Kevin Davis has more on the issue in an interesting essay for the ABA Journal. Here’s a clip:

The use of DNA to both clear and implicate suspects prompted much of the early media attention on wrongful convictions. But exonerations due to DNA evidence have been on the decline for much of the past decade. According to the registry, the number of exonerations in which DNA played any role dropped from 23 in 2005 to 20 in 2012 and 18 in 2013.

One of the reasons for the decline is that many of the cases in which DNA testing was available to clear the wrongfully convicted have played out. DNA testing is now routine, and it often clears suspects long before trial.

Many of the defendants convicted when DNA testing was either not routine or nonexistent are losing hope for exoneration through DNA evidence because the evidence collected in their cases may no longer be available for testing.

“You have a certain number of cases in which DNA testing was never done or was not available, and a lot of those have been worked through—they’ve been sized up by an innocence project or someone who has requested DNA testing,” says Nick Vilbas, executive director of the Innocence Project of Texas.

The downward trend in DNA cases holds true for Texas and many other states that have innocence projects. “Once word got around that DNA was exonerating people, a lot of people started asking for DNA testing and a lot of those cases have been worked through,” Vilbas says. “That doesn’t mean it’s the end of DNA exonerations. We still have several DNA cases in the process right now. But they are not the bulk of our work anymore right now.”

It’s the same thing in California. “Most of our cases are non-DNA,” says Justin Brooks, a professor at California Western School of Law and project director of the California Innocence Project. “There have not been many in California in the past 15 years.”

Brooks describes the early DNA cases as “low-hanging fruit,” many involving cases in which rape kits could provide evidence to help exonerate those convicted when DNA testing became more prevalent.

The bulk of the work for innocence projects like the one in California is on cases involving false confessions, discredited scientific evidence and unreliable witnesses, along with other factors, including prosecutorial misconduct. One of the benefits of the registry is that it offers insights into how people were wrongfully convicted and where the system failed, which can be useful in bringing about legislative and judicial reforms.

“It shines the light on the entire criminal justice system,” Brooks says. “If we’re making mistakes in the biggest kinds of cases, such as death penalty cases, what does that say about lower-level crimes?”


FEDERAL JUDGE APPROVES REFORMED PRISON POLICIES TO BETTER PROTECT RIGHTS OF MENTALLY ILL INMATES

On Friday, US District Judge Lawrence K. Karlton approved new California prison policies for isolating the mentally ill in a more humane manner.

In April, Judge Karlton ordered the California Department of Corrections and Rehabilitation to update its policies regarding the handling of mentally ill prisoners, which he said were in violation of inmates’ rights.

The CDCR’s new policies include moving mentally ill prisoners currently in isolation into new units created specifically for those with mental illness, giving them twice as much time outside of their cell and better mental health care.

The CDCR says it will also conduct a case-by-case assessment as to whether the inmates currently in isolation should be moved to the redesigned units, or if they can safely reintegrate into the general population.

The NY Times’ Erica Goode has the story. Here’s a clip:

Under the new policies, developed by department officials working with a court-appointed special master who ensures that the judge’s order is being followed and with consultants from the plaintiffs’ legal team, mentally ill inmates in three of the state’s four security housing units — about 740 prisoners, according to the department — will be moved to less restrictive settings. Mentally ill inmates have been excluded by court order from the state’s fourth security housing unit, at Pelican Bay State Prison, since the 1990s.

More than 2,000 inmates with less serious psychiatric disorders who for disciplinary reasons are currently kept in administrative segregation units — another type of isolation housing — will also be moved out. Most will be transferred to newly created units where intensified mental health treatment will be provided and prisoners will be allowed more time out of their cells for recreation and other activities.

In several areas, the Corrections Department said, it had decided to move beyond the scope of Judge Karlton’s order. Over the next months, for example, it will begin conducting case-by-case reviews of all inmates currently in prison psychiatric units after spending extended lengths of time in solitary confinement, with the goal of returning those who no longer pose a safety threat to less restrictive units.

Training of staff in the new policies will begin immediately, the department said.

KQED’s Julie Small also reported on the issue.


HIGH RATE OF OFFICER SHOOTINGS OF UNARMED SUSPECTS “REACHING FOR THEIR WAISTBANDS” POINTS TO CHANGES IN TRAINING, SAYS RADLEY BALKO

A US Ninth Circuit Court of Appeals panel has reinstated a lawsuit filed by the family of an unarmed Anaheim man who was shot around 20 times by five officers who said the man had reached for his waistband, as if for a weapon. (Although no weapons were found on Caesar Cruz’s body, officers had received a tip that he was armed.)

In his opinion on the case, Judge Alex Kozinski says it makes no sense for an unarmed Cruz to have reached for his waistband as if armed while five officers had guns trained on him. Kozinski points out that one of the officers involved in Cruz’s death had been involved in a very similar shooting in which a different man, one running away from officers with guns drawn on him, moved his hand toward his waistband.

Kozinski says the circumstantial evidence “could give a reasonable jury pause”:

In this case, there’s circumstantial evidence that could give a reasonable jury pause. Most obvious is the fact that Cruz didn’t have a gun on him, so why would he have reached for his waistband?3 Cruz probably saw that he was surrounded by officers with guns drawn. In that circumstance, it would have been foolish—but not wholly implausible—for him to have tried to fast-draw his weapon
in an attempt to shoot his way out. But for him to make such a gesture when no gun is there makes no sense whatsoever.

A jury may doubt that Cruz did this. Of course, a jury could reach the opposite conclusion. It might believe that Cruz thought he had the gun there, or maybe he had a death wish, or perhaps his pants were falling down at the worst possible moment. But the jury could also reasonably conclude that the officers lied. In reaching that conclusion, the jury might find relevant the uncontroverted evidence that Officer Linn, one of Cruz’s shooters, recited the exact same explanation when he shot and killed another unarmed man, David Raya, two years later under very similar circumstances.

Radley Balko writes for the Washington Post about the recent shootings of unarmed men who officers say appeared to be reaching for guns hidden in their waistbands, and what these deaths suggest about the evolution of police training.

Back in March I noted a recent series of police shootings in the San Diego area in which the cops also claimed an unarmed man was reaching for his waistband. A September 2011 investigation by the Los Angeles Times found that in half the cases in which police shot at someone they claimed was reaching for his waistband, the suspect was unarmed. (There was another incident in Long Beach, California, in April.) A 2013 Houston Chronicle investigation found multiple incidents there. There have been other recent “unarmed man reaches for his waistband” shootings in Pierce County, Washington; Pasadena, California; and Portland, Oregon. It’s also the story we heard from BART Officer Johannes Mehserle after he shot and killed Oscar Grant in an Oakland subway station.

I doubt that these cops are gunning people down in cold blood, then using the waistband excuse to justify their bloodlust. It’s likely more a product of inappropriate training. A few years ago, a guy who trains police in the use of lethal force told me that he had grown quite concerned about the direction that training has taken in recent years. He said that police departments are increasingly eschewing training that emphasizes deescalation and conflict resolution for classes that overly emphasize the dangers of the job, teach cops to view every citizen as a potential threat, and focus most of the training on how to justify their actions after the fact to avoid disciplinary action and lawsuits.


INTRICATE FBI STING AGAINST LASD, OPERATION BLUE LINE, DERAILED BY OPERATION PANDORA’S BOX

The LA Times’ Cindy Chang reported on an elaborate FBI sting to obtain information on Los Angeles jail abuses that jumped the tracks after jail informant Anthony Brown’s smuggled cell phone was discovered, and Operation Pandora’s Box was initiated. Here’s how it opens:

Operation Blue Line was a go.

In August 2011, FBI agents were gearing up to launch the next phase of their wide-ranging investigation into suspected brutality and corruption by sheriff’s deputies in the Los Angeles County jails.

The plan was to rent a warehouse, spread the word that it was full of narcotics and hire corrupt deputies from the jails to moonlight as guards. Included in the budget was $10,000 for bribes and kickbacks, according to an internal FBI memo reviewed by The Times.

The deputies lured into the purported drug enterprise would then be used to get information about abuses in the jails.

Two days after it was greenlighted by headquarters in Washington, Blue Line came to an abrupt halt. Sheriff’s officials had caught an inmate with a cellphone and traced the phone back to the FBI, exposing an investigation that had been kept secret from them, even though they ran the jails.

Instead of moving forward with Blue Line, the FBI spent the next few months doing damage control with sheriff’s officials who hid the inmate informant and threatened an FBI agent with arrest. Of the 21 criminal cases eventually filed by federal prosecutors, seven were obstruction of justice cases stemming from the cellphone incident.

With the federal investigation into the jails still ongoing, Blue Line stands as the undercover operation that might have been. Whether it would have led to more informants and more indictments will never be known. What is certain is that after the discovery of the cellphone, the federal investigation temporarily stuttered and the warehouse scheme never got off the ground.

Posted in CDCR, FBI, Innocence, LA County Jail, LASD, mental health, prison policy, solitary | 7 Comments »

How LA County’s Pricey Jail Plan Fails the Mentally Ill, LA’s LGBTQ Foster Kids Report Mistreatment by DCFS, Medical Board Investigating Doctors Giving Foster Kids Psych Drugs, and Willful Defiance

August 29th, 2014 by Taylor Walker

LA WEEKLY QUESTIONS RUSHED $2 BILLION JAIL PLAN AND ABSENCE OF MENTAL HEALTH DIVERSION

Phillip Cho, a man suffering from paranoid schizophrenia, was arrested for attempted commercial burglary after trying to purchase a $2,000 case of cigars while in the midst of an elaborate delusion regarding newly acquired wealth. Cho was jailed in Twin Towers for three months, causing his mental health to further deteriorate. Cho’s caseworker assured him that he would be moved out of jail to a residential treatment facility within two weeks, but the waiting list turned out to be months long.

Instead of receiving the therapeutic care he needed, Cho says he suffered abuse at the hands of Twin Towers jailers, as well as psychologically damaging solitary confinement in a silent, padded room. Cho has been released and re-incarcerated several times, not unlike many mentally ill offenders in LA. Cho has written a book about his encounters with the criminal justice system, and his time in the Towers.

Twin Towers jail was built in 1997 specifically as an upgraded facility to better address the needs of mentally ill inmates. Sound familiar? In May, LA County Board of Supervisors hastily approved a $2 billion plan to replace the dilapidated Men’s Central Jail. A staggering 3,200 out of 4,860 beds are reserved for the mentally ill.

In a crucial investigative story, the LA Weekly’s Chris Walker brings up some very important questions about the jail-replacement plan and why Los Angeles seems to be bent on warehousing people with mental illnesses instead of diverting them into treatment.

While the board was gearing up to vote on the $2 billion replacement plan, it was also working out the plans for a women’s facility in Mira Loma, for which the state’s funding of $100,000 was about to expire.

The Supervisors rushed into a vote on Men’s Central Jail plans, it seems, with the idea that they were working against the clock to secure the Mira Loma money. While the money for the women’s facility had nothing to do with the men’s facility, the Supervisors had the construction consulting firm lump the two plans together.

Here’s a clip from Walker’s assessment of the situation:

Could the vote by the Board of Supervisors — which some critics call a nod to the past that could negatively affect tens of thousands of lives — have been forced by an obscure fiscal deadline?

The Weekly’s request for public records concerning the vote and events leading up to it, made to the office of outgoing County Chief Executive Officer William Fujioka, shows that the five supervisors faced a use-it-or-lose-it deadline to secure $100 million in state funding for a women’s detention center in Mira Loma — which has nothing to do with Men’s Central Jail.

The state money, made available through Assembly Bill 900, is set to expire later this year. County officials didn’t want to lose the huge sum. For reasons that remain murky, the far more complicated proposals to replace Men’s Central Jail were lumped together with the Mira Loma facility plan in the documents prepared by Vanir Construction.

In a March 18 memo to the Board of Supervisors obtained by the Weekly, CEO Fujioka told the supervisors they had to pass one of the five Vanir proposals for replacing Men’s Central Jail in order to secure the state money for Mira Loma.

Were there other reasons for rushing the vote? At the time, all but one candidate for sheriff urged the board to wait to make a decision until after a new sheriff was in place. And Los Angeles DA Jackie Lacey had launched a task force of 70 mental health professionals to look into alternatives to locking up the mentally ill. Lacey was informed of the particulars of the jail plan the day before the vote was to happen. She put together and presented to the board an early report, explaining that her task force had found better ways to work with the mentally ill and bring down the recidivism rate. Apparently, the neither the board nor Lacey were informed of the other’s work until it was too late. Neither were the Supes briefed on a trip LASD officials took to Miami to see the county’s hugely successful mental health diversion program in action.

The die was already cast, and the board voted in favor of a massive and costly new jail.

Miami-Dade, San Francisco, and Nashville, all in the same boat as LA County at one time, are now seeing major success with mental health diversion programs. Miami-Dade cut their recidivism rate for mentally ill inmates down to 20%, compared with LA County, where 75% of mentally ill offenders return to jail.

Why were the Supes not informed of the Miami trip—one in which LASD attendees received actual “how-to” guides for replicating mental health diversion in their own county?

It…raises serious questions about an $18,000 trip taken last October by a group of L.A. County law enforcement officials, including Sheriff Cmdr. David Fender, who flew to Miami and saw firsthand its success in diverting mentally ill arrestees into treatment — part of the group’s “best practices” tour around the nation. Documents obtained by the Weekly show that L.A. Sheriff’s officials met with Miami’s top brass and received detailed “how-to” guides explaining the steps required to establish a comprehensive mental health diversion program from the ground up.

Yet nothing came of what the group learned in the other cities.

Assistant DA Bill Hodgman, who was on that fact-finding trip, delivered the how-to reports to his boss, Lacey, galvanizing her mental health task force to push for change in Los Angeles.

Yet the Board of Supervisors never received the documents from the DA or the Sheriff’s Department.

Supervisor Yaroslavsky, who voted against the new jail, complained about not being briefed. “I think I have been, as a member of this board, somewhat shortchanged by not having that information available to me as I’m being asked to make a decision — a $2 billion decision.”

This fall, DA Lacey will present another task force report, at which time the Supes are expected to vote on allocating $20 million for mental health diversion. But that doesn’t change the $2 billion jail rebuild.

Steve Fields of San Francisco’s Progress Foundation, whose diversion program treats the mentally ill for a fraction of the price of jailing them, asks what’s holding LA back:

According to California’s Administrative Office of the Courts, the yearly cost to support an individual with mental illness in a housing program in Los Angeles is $20,412.

It costs about $60,000 a year to jail him.

“I don’t know what is taking [Los Angeles] so long,” Fields says. “Counties that wanted to do this in California have had access to state funding for a long time.”


LA’S LGBTQ FOSTER KIDS (20% OF FOSTER POPULATION) MORE LIKELY TO REPORT MISTREATMENT BY THE SYSTEM

LGBTQ kids in Los Angeles County’s foster care system are twice as likely to report being mistreated by the system, a new study by UCLA’s Williams Institute. The study found that one in five foster kids (1,400) identify as LGBTQ, twice that of kids in LA’s general population, and that 86% of LGBTQ-identifying kids were a racial minority.

Researchers also found that, on average, LGBTQ kids had more placements than other foster kids, were more than twice as likely to live in a group home, and three times as likely to have been hospitalized for emotional reasons.

This is the first study to put a number on LGBTQ foster population in any child welfare system—let alone Los Angeles, which houses the largest foster care system in the nation. It was commissioned by the Los Angeles LGBT Center and funded by a federal grant.

The LA Times’ Hailey Branson-Potts has more on the study. Here’s a clip:

“People refer to it as the ‘dirty little secret’ that there are so many LGBTQ kids in foster care, but nobody’s been able to document it,” said Lorri L. Jean, chief executive of the Los Angeles LGBT Center, which commissioned the study.

“We need to know who these kids are because only if we know who they are can we help them,” she said.

In any given month, the Los Angeles County Department of Children and Family Services has about 7,400 youths between the ages of 12 and 21 in out-of-home care, according to the study. Of those, about 1,400 identify as LGBTQ.

The study, funded by a federal grant, is the first of its kind quantifying sexual orientation and gender identity of youths in any foster system, its authors say.

Despite their large numbers in the foster care system, LGBTQ youths have been “relatively invisible,” the study said. Many do not feel safe telling their foster families or social workers about having same-sex attractions or questioning their gender identity.

[SNIP]

“We have seen decreases in overt homophobia in the foster care system, but that doesn’t mean it’s not subtly still present,” [the executive director of the Children's Law Center of California, Leslie Starr] Heimov said. One recent case involved a child who was adopted and kicked out after her parents learned she was a lesbian.

The Williams Institute study noted that most of the LGBTQ foster youths in L.A. County were, like their straight counterparts, racial minorities. The study found that 83% of LGBTQ youths in foster care were Latino or black.

Bianca Wilson, a Williams Institute researcher and author of the study, said many of these youths can face added discrimination for “being both sexual minorities and ethnic and racial minorities.”

The California Report’s Rachael Myrow spoke with Williams Institute researcher and author of the study, Bianca Wilson, who said:

“We found that LGBTQ…were moved around more, were more likely to be in group homes, experiencing emotional distress. And these are all seen as barriers to finding permanent homes.”


CA MEDICAL BOARD INVESTIGATING DOCTORS PRESCRIBING PSYCH MEDICATIONS TO FOSTER KIDS

Earlier this week, Karen de Sá’s alarming investigative report in the San Jose Mercury News exposed the excessive use of psychotropic medications to treat California kids in the foster care system. It has spurred state lawmakers into planning legislation to curb the over-medication.

And now, at Sen. Ted Lieu’s request, the state medical board says it has launched an investigation into whether doctors are prescribing medication to change behavior, rather than treat mental illness, and thus, “operating outside the reasonable standard of care.”

Karen De Sá has the update. Here’s how it opens:

With pressure on California’s foster care system to curb the rampant use of powerful psych meds on children, concern is mounting about the doctors behind the questionable prescribing.

For months, the state has adamantly refused to release data that this newspaper sought to expose which physicians are most responsible. Now, in response to a request from state Sen. Ted Lieu, California’s medical board is investigating whether some doctors are “operating outside the reasonable standard of care.”

The action comes after this newspaper’s investigation “Drugging Our Kids” revealed doctors often prescribe risky psychotropic drugs — with little or no scientific evidence that they are safe or effective for children — to control behavior, not treat serious mental illness. Many of these drugs are approved only for schizophrenia, bipolar disorder and other relatively rare mental illnesses.

To examine the problem, the newspaper spent nine months negotiating with the state Department of Health Care Services to release a decade of prescribing data that did not identify individual patients.

The numbers the state finally provided showed that almost 1 in 4 adolescents in the California foster care system have been prescribed psychotropic medications over the past decade. Of the children on medications, almost 60 percent are being prescribed antipsychotics, a powerful class of drugs with serious side effects.


ON AIRTALK, KPCC’S LARRY MANTLE DISCUSSES CALIFORNIA BILL TO END “WILLFUL DEFIANCE” EXPULSIONS

Earlier this month, the California Senate passed a bill, AB 420, that would eliminate “willful defiance” as grounds for expulsion in any grade, and suspension in grades K-3. The bill, authored by Assemblyman Roger Dickinson, is now headed for Gov. Jerry Brown’s desk.

On Thursday’s AirTalk, host Larry Mantle talked about the legislation with Brad Strong, Senior Director of Education at Children Now, the organization co-sponsoring the bill, as well as Joshua Pechthalt, President of the California Federation of Teachers (which took a neutral stance on the measure).

Take a listen.

Posted in DCFS, Foster Care, LA County Board of Supervisors, LA County Jail, LGBT, mental health, Zero Tolerance and School Discipline | 7 Comments »

SF 1st CA City to Fund Lawyers 4 Undocumented Kids…..Sunday Panel to Discuss Police Shootings & Peace in the Hood…. DARE Doesn’t Like Newest LA School Police Reform…& More.

August 28th, 2014 by Celeste Fremon



SAN FRANCISCO IS FIRST CA CITY TO PROVIDE LAWYERS FOR UNDOCUMENTED CHILDREN & FAMILIES

On Wednesday, San Francisco officials announced a new program that will help fund legal assistance for undocumented children, families, and others facing deportation.

Of the approximately 4000 kids awaiting immigration proceedings in San Francisco, around 2,200 don’t have lawyers—a fact that has been shown to dramatically affect how their cases will play out.

According to a University of Syracuse study, between 2005 and 2014, 50 percent of the children who had an attorney present at their hearings were allowed by a judge to stay in the U.S. When a kid went to immigration court without an attorney during that same period, however, one in ten kids was permitted to stay. The other nine were deported.

The San Francisco Chronicle’s Marisa Lagos has been covering the issue. Here are some clips from her story announcing the new program:

The program, created by Supervisor David Chiu, makes San Francisco the first California city to offer such legal help. It is an expansion of an existing Right to Civil Counsel program created in 2012 that has so far focused on tenants facing evictions.

The city will give $100,000 this year to the nonprofit Lawyers’ Committee for Civil Rights, which will use the funds to provide pro bono legal representation to San Francisco residents facing deportation, including children and families.

[BIG SNIP]

San Francisco Immigration Judge Dana Leigh Marks, speaking as head of the National Association of Immigration Judges, called the city’s program “fabulous.”

Courts, she said, are overwhelmed – there are about 375,000 immigration cases pending in the country and only 227 immigration judges. She is presiding over more than 2,400 cases.

“There’s an extreme value in having lawyers represent people in terms of the outcomes in their own cases and in terms of the effectiveness of the immigration courts,” she said. “It helps us move through the process. It helps advise people of their rights, it reduces the number of errors when they are filing applications … and it reduces delays.”

Mexican immigrant Osvaldo Diaz, 36, said access to a pro bono attorney through the Lawyers’ Committee may have saved his life. Diaz, who is gay, fled to San Jose from Mexico after facing threats because of his sexual orientation and a domestic violence situation. He was granted political asylum in 2012 and this year was awarded legal residency. He recently moved to Miami and is looking for a job.

“I didn’t even know political asylum exists,” he said, adding that even with a lawyer, the court process was frightening.

Although SF is the first CA city to launch such a program, recently Gov. Jerry Brown announced that the state will cough up $3 million for immigration lawyers. New York also has a similar program.



“PEACE IN THE HOOD” AUTHOR, AQUIL BASHEER, HOSTS PANEL THIS SUNDAY TO DISCUSS VIOLENCE PREVENTION, PUBLIC SAFETY, & COMMUNITY UPSET OVER RECENT OFFICER INVOLVED SHOOTINGS

“Communities are desperately seeking answers,” said Aquil Basheer, executive director of A Better LA and a nationally known pioneer in the field of violence intervention, in relation to the recent intense controversies over officer-involved shootings, and neighborhood violence in general.

Due to the fact that Basheer’s well-regarded and fascinating new book Peace In the Hood: Working with Gang Members to End the Violence, co-authored with veteran journalist Christina Hoag, has coincided with these most recent public storms, he has organized a panel scheduled for Sunday, featuring law enforcement and others for what promises to be a dynamic discussion.

This is the second in a series of “solution-seeking” community discussions led by Basheer, with the idea of empowering residents in Southern California’s most crime-plagued areas to reduce the levels of “violence, aggression and interpersonal hostilities” that do harm to their neighborhoods.

In addition to Basheer, the panel will include LAPD Lead Gang Unit Officer Sgt. Curtis Woodle, and LAPD Gang Liaison Officer, Sgt. Stinson Brown, forensic psychologist and consultant to the LAPD and Department of Homeland Security, Dr. Debra Warner, USC Professor of Social Work and gang expert, Robert Hernandez, LA County Fire Department Captain Brent Burton, ‘Peace In the Hood’ co-author Hoag.

The panel will be held on Sunday, August 31, from 2 PM to 5 PM at the
African American Firefighter Museum, 1401 S. Central Avenue, Los Angeles


SOUTH LA’S FRAGILE GOODWILL IS TESTED

LAPD Assistant Chief Earl Paysinger, second in command to Chief Charlie Beck, was once the popular Deputy Chief who ran the department’s South Bureau where he notably and painstakingly worked to repair the badly damaged relations between the Los Angeles Police Department and the South LA communities it polices.

But how the fragile reservoir of goodwill really is was evident in the tone of the meetings over the shooting death of Ezell Ford, that Paysinger attended.

The LA Times’ Kate Mather and Richard Winton have the story. Here’s a clip:

As Angeles police Assistant Chief Earl Paysinger sat with increasing unease at a church in South Los Angeles as residents rose one at a time to berate his department.

The meeting had been called to reassure locals about the way the LAPD and other agencies were investigating the recent fatal shooting of a mentally ill man in the neighborhood. But the event quickly boiled over into a critique of the LAPD, with residents accusing the department of racial profiling, excessive force and dishonesty.

Paysinger, the LAPD’s highest-ranking black officer and a 40-year department veteran, was disturbed by the level of anger. So the morning after last week’s community meeting, he drove to the LAPD’s Newton Division, where the fatal shooting occurred, and demanded an action plan.

“Where do we go from here?” Paysinger told the station captain. “I’m not interested in, ‘I don’t know, we’ve done everything

Whether police officers acted properly when they fatally shot Ezell Ford Jr. earlier this month remains under investigation. But the case has exposed lingering tensions as well as what some consider an erosion of the credibility and goodwill the LAPD has worked so hard for so long to build in South L.A.

“You think you’re in a good place,” Paysinger said. “But then you find yourself at that meeting.… It was patently clear to me that we need to get busy.”

Building trust in the African American community has been a top priority of the LAPD since the L.A. riots 22 years ago, which were sparked in part by the acquittal of four police officers caught on tape beating black motorist Rodney King. Even the LAPD’s harshest critics admit the department has made significant strides.

Those efforts also have been helped in no small part by a dramatic drop in crime across South L.A.

But John Mack, the former longtime L.A. police commissioner and the retired president of the L.A. Urban League, said he worried that the reaction to Ford’s death showed a backslide in the relationship.


DARE NOT THRILLED WITH MARIJUANA DECRIMINALIZATION IN LA SCHOOLS

Last week, the chief of Los Angeles School Police announced that the LASP was decriminalizing a list of less serious student behaviors that previously lead to citations or arrest. Now students would be referred to school officials for these infractions, not law enforcement.

The newly classified behaviors include most ordinary fights between students, trespassing on school property, tobacco possession, alcohol possession, and possession of small amounts of marijuana.

When LA Weekly reporter Amanda Lewis spoke to California DARE Coordinator Steve Abercrombie, she found that he was not in favor of this new policy at all.

Here’s a clip from Lewis’ story:

California DARE Coordinator Steve Abercrombie was not pleased to learn the news that the Los Angeles Unified School District had decriminalized small amounts of marijuana at its schools.

“Wow,” [Abercrombie told the Weekly]. “It seems we keep giving in more and more to different crimes and criminal activity. When does it stop? When do you finally say that you need to follow the rules?”

The district announced more lenient policies in which school police will no longer report students — or issue them tickets — if they’re involved in petty theft, most fights, or possession of alcohol, tobacco or marijuana.

The rule changes resulted from two years of talks between lawyers, judges, school police and civil rights groups who aimed to end LAUSD’s zero-tolerance policies.

One goal is to reduce the influence of campus police, softening the rules so that kids who typically get into trouble don’t drop out.

At issue, in part, is that black students make up about one-third of school police arrests, yet they make up less than 10 percent of the student population.

This, of course, is not exactly in line with the philosophy of the long-running Drug Abuse Resistance Education program.

Abercrombie says it makes more sense to train school police to stop targeting black students than it does to decriminalize weed in schools….


Posted in criminal justice, FBI, Gangs, Human rights, immigration, LAFD, LAPD, law enforcement, race, race and class, racial justice, Trauma, Violence Prevention | 2 Comments »

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