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Innocent Man Freed Amid “A Legacy of Disgrace”….LA Times Pushes for Recordings of Cop Interrogations…..”Chip” Murray Slams Tanaka…Charges Filed Against LA Mom for Kid’s Gun at School

October 16th, 2014 by Celeste Fremon



A CASE OF INNOCENCE, TEENAGERS MAKING FALSE CONFESSIONS AND “A LEGACY OF DISGRACE”

On Wednesday, David McCallum, a 45-year-old Brooklyn man, was freed after spending 29 years locked up for a kidnapping and murder that it has now been found he did not commit, although he and his friend confessed to the crime when they were both 16.

“I was beaten by the officers and I was coerced into making a confession,” McCallum told a parole board in 2012.

When announcing that McCallum and his co-defendant, Willie Stuckey, had been cleared of the killing, Brooklyn District Attorney Kenneth Thompson said grimly, “I inherited a legacy of disgrace with respect to wrongful convictions.”

McCallum called his release “bittersweet” because “I’m walking out alone.” His friend Stucky, while also cleared, had died in prison of a heart attack in 2001.

Oren Yanev of the New York Daily News broke the story of McCallum’s impending release on Tuesday, and had more on the story Wednesday.

Here’s a clip:

Stuckey’s mother, Rosia Nealy, sat in her dead son’s stead and she comforted McCallum as he broke down after the judge announced his exoneration. The two then embraced as some in the jam-packed courtroom cheered and clapped.

[Brooklyn District Attorney] Thompson said there “is not a single piece of evidence” that connected the two suspects to the crime — except for their brief confessions, which prosecutors have now concluded were false.

McCallum and Stuckey were both convicted for the kidnapping and murder of 20-year-old Nathan Blenner and were sentenced to 25 years to life.

McCallum’s lawyer, Oscar Michelen, said he had brought up the case with the conviction integrity unit of ex-DA Charles Hynes, who was defeated a year ago in large part because of the ballooning wrongful convictions scandal.

“Our pursuit of justice for David fell on deaf ears,” he said of the two years or so they’ve been communicating with prosecutors.

“They basically told us, ‘Call us when you find the real killer,’” the lawyer recalled.

Eventually Michelen, along with some of McCallum’s other supporters, did approach the DA’s office with evidence that DNA obtained from a car used in the abduction matched another suspect who had been questioned in 1985 without the defense ever being notified.

McCallum and Stuckey make ten exonerations for Thompson’s office since the Brooklyn DA took office in January— with two of those exonerations issued posthumously.

The video above is a trailer for a documentary about the efforts of famous exoneree, Rubin “Hurricane” Carter, along with the filmmaker and his father, to free McCallum.


LA TIMES SAYS CALIFORNIA LAW NEEDED TO REQUIRE VIDEO RECORDING OF ALL INTERROGATIONS FOR SERIOUS FELONIES

David McCallum, in the story above, was convicted in Brooklyn, New York, not California, but the issue of false confessions leading to wrongful convictions potentially affects every state in the union.

The LA Times editorial board wants California to pass a law requiring video recordings of all interrogations for serious felonies.

Here’s a clip from their editorial on the topic:

The Innocence Project says that over 15 years, 64 of 102 erroneous murder convictions nationwide were based on false confessions. About 22% of all wrongful convictions involved coerced or otherwise improperly obtained confessions.

There’s a simple step that can help address this: Require police to videotape interrogations of suspects in serious felony cases. More than 40 California cities or agencies already do this, including San Diego and San Francisco. (Los Angeles does not.) Federal agents in the Department of Justice began doing so in July. The benefits are clear and laudable: a chance to reduce wrongful convictions, protect police from contrived allegations of abuse or malfeasance and save the expense of defending bad cases.

California has considered this before. The Legislature passed such laws in 2005 and 2007, but Gov. Arnold Schwarzenegger vetoed them because of his fear of constraining police.

[SNIP]

Since 2010, Congress has considered several bills that would have provided matching federal funds to install recording systems, but it has failed to pass them. It should do so.

But even if it doesn’t, the Legislature should work with Gov. Jerry Brown to recraft legislation requiring the recordings. It would protect both the integrity of the criminal justice system and the innocent.


REV. “CHIP” MURRAY WRITES THAT PAUL TANAKA SHOULD NOT BE SHERIFF

Rev. Cecil “Chip” Murray has written an unusually strongly-worded Op Ed for the Los Angeles Sentinel outlining why he feels that former Undersheriff Paul Tanaka should not be the next Los Angeles County Sheriff.

Murray, as you may or may not remember, was the Vice Chair of the Citizen’s Commission for Jail Violence, the blue ribbon panel appointed by the LA County Board of Supervisors to investigate allegations of systemic abuse within the county’s jail system and to recommend reforms.

Now he serves as the John R. Tansey Chair of Christian Ethics in the School of Religion at USC. Yet, he is best known as former pastor of the First African Methodist Episcopal Church (FAME) who in his 27 years at the pulpit, transformed a small congregation of 250 people into a powerhouse 18,000 person church recognized throughout the nation.

Murray writes that he and his fellow CCJV commissioners found their year long process to be “deeply troubling,” which led to his reason for writing the Op Ed.

Here’s a clip from his essay:

…During those hours of testimony, time and time again we were pointed back to the integral role of then-Undersheriff Paul Tanaka, who we heard had little interest in curtailing years of abuse, failed to hold deputies accountable, encouraged LASD personnel to “work in the grey” — on the border of right and wrong — and undercut managers who tried to reign in abuses. Indeed, our report concluded that “the troubling role of [then]-Undersheriff Tanaka cannot be ignored.”

Now, Mr. Tanaka is running for Sheriff and asking the public to ignore or forget the leadership role he had in overseeing the violence and corruption that the Commission uncovered and for which he was eventually forced out of LASD.

While I am not ordinarily vocal in political races, the race for the next Sheriff is too important for me sit on the sidelines. This election is about the future of the LASD and how we treat the men and women of our community and in custody.

[SNIP]

The report issued by the CCJV concluded in no uncertain terms that “Undersheriff Tanaka promoted a culture that tolerated the excessive use of force in the jails.” Our report described in detail how Tanaka “discouraged supervisors from investigating deputy misconduct,” “vetoed efforts” to address the problem of deputy cliques and “encouraged and permitted deputies to circumvent the chain of command.” The report also recounted a system of patronage within LASD that Tanaka created: “many department members believe promotions and assignments are based on loyalty to the Undersheriff” (Tanaka) and “campaign contributions accepted by Tanaka furthered the perception of patronage.” This demonstrably poor judgment and misdirected leadership has continued beyond his tenure at LASD; in his race for Sheriff, Tanaka has accepted a large number of campaign donations from current and former employees of the Sheriff’s Department…..

[SNIP]

All in all, Mr. Tanaka’s “leadership” has resulted in the indictment of over 20 former LASD members, federal convictions and prison sentences of seven of those individuals, and legal costs to the County based on civil lawsuits likely to exceed 200 million dollars. And Mr. Tanaka himself remains the subject of an ongoing federal criminal investigation.


LA CITY ATTORNEY FILES CHARGES AGAINST MOM WHEN SON BRINGS LOADED GUN TO SCHOOL

On May 13 of this year, a 17-year-old at a Van Nuys continuation high school got into a fight with another boy on campus. The next day, he reportedly brought a loaded 45-caliber semiautomatic pistol to school, along with an extra magazine in his backpack, and showed the gun to a friend. School police heard about the weapon recovered the gun and ammo from the kid’s backpack.

The following day, when police executed a warrant at the kid’s home, they reportedly found four other unsecured firearms that belonged to the boy’s mother in places like a bedroom drawer and inside a kitchen cabinet.

On Wednesday of this week, LA’s City Attorney charged the student’s mother with four criminal counts: allowing a child to carry a firearm off premises, allowing a child to take a gun to school, permitting a child to be in a dangerous situation and contributing to the delinquency of a minor—counts that each could carry a maximum sentence of a year in jail.

KPCC’s Erika Aguilar has the story. Here’s a clip:

City Attorney Mike Feuer called a press conference to announce charges against Leah Wilcken, 41, for failing to safely secure a semi-automatic handgun that her 17-year-old son took to Will Rodgers Continuation School in May.

“It has to be the case that when a parent sends their child to school, they do not fear that another child is going to have a weapon on campus,” Feuer said.

Feuer described the charges as the first ever filed in Los Angeles against a parent whose child took a gun to school. But KPCC found records of a 1995 case in which former City Attorney James K. Hahn filed similar charges against a Panorama City woman after her 9-year-old daughter took a gun to her elementary school and fired it on the playground.

California law requires weapons to be safely stored. Anyone who keeps a loaded firearm where children under 18 years can obtain it is required to store the firearm in a locked container or with a locking device that keeps it from functioning, according to state law….

According to the Kate Mather and Richard Winton of the LA Times, who also reported the story, an attorney who is a representative of the NRA thought the “charges seem inappropriate.”

Posted in 2014 election, elections, FBI, guns, Innocence, jail, Jim McDonnell, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Paul Tanaka, Sentencing, Sheriff Lee Baca | 3 Comments »

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

October 15th, 2014 by Celeste Fremon


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

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

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

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

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

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

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

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

[LARGE SNIP]

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

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

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

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

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

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

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

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


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

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

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

We’ve excerpted Kessler’s important story below.

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

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

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

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

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

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

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

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

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

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


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

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

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

Here’s a clip:

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

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

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

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

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

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

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

[BIG SNIP]

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

[SNIP]

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

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

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

Terrick and Matt’s experience was totally different.

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

Read on.


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

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

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

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

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

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

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

LA Elementary School Kids Still Without Libraries, Interrogating Kids, LA Times on LAPD “Ghost Cars,” and Jim McDonnell’s New Radio Ad

October 14th, 2014 by Taylor Walker

LAUSD ELEMENTARY SCHOOL LIBRARIES STAFFING ISSUES EVEN WORSE AFTER BOOSTED FUNDING

Despite increased money for staffing libraries this year, the number of trained aides running LAUSD elementary school libraries has actually decreased by 20%, leaving around 100,000 LA kids without access to a school library. The problem, LAUSD Superintendent John Deasy says, is that it is very difficult to find specially trained staff willing to work just three hours per day.

(WLA has been following this issue for a while, now. Backstory can be found here.)

KPCC’s Annie Gilbertson has the story. Here’s a clip:

During budget hearings last spring, Superintendent John Deasy promised to spend $6 million to bring back the 192 library aides who would help open shuttered elementary libraries across the district this school year.

In 2011 budget cuts, Deasy and the school board laid off half of the district’s library aides and reduced the hours of many who were left. Without trained staff, schools can’t run a library under state law.

“Students don’t learn literacy skills (in the library). They learn that through trained teachers,” Deasy told KPCC in 2011, after the cuts were announced.

But despite a commitment to rehire staff, the number of elementary library aides have decreased by about 20 percent since last fall.

District officials said its difficult to recruit workers to work just three hours a day, five days a week – the schedule of many library aides.


PROBLEMS WITH USING ADULT INTERROGATION METHODS ON KIDS

The NY Times’ Jan Hoffman has an interesting story on interrogation techniques and why they elicit false confessions from teenagers. Hoffman points to a recent study of 57 interrogations of teens across the country. None of the teens exercised their constitutional rights: they did not remain silent, they did not leave, and they did not ask for a lawyer. Around 37% fully confessed, and 33% incriminated themselves.

Other research shows that kids do not fully understand their rights, and are easily worn down by persuasive interrogators trying to scare out a confession.

(For other WLA posts about problematic interrogation practices and false confessions, go here, here, and here.)

Here’s a clip from Hoffman’s story:

Teenagers, studies show, are not developmentally ready to make critical decisions that have long-term impacts.

“Adolescents are more oriented to the present, so they are less likely than adults to be thinking about the future consequences of what they’re saying,” said Laurence Steinberg, a professor of psychology at Temple University who writes about teenagers in the justice system and was not involved in this study.

Teenagers, he added, are also less likely than adults to know that the police can lie during interrogations.

“The police often promise kids things in the present. ‘If you just tell me you did it, you can go see your mom,’ ” he continued. “And because the brain’s reward systems are hypersensitive during adolescence, that immediate reward of confessing will trump the thinking of, ‘What will happen when I come back to court in a month?’ ”

Moreover, research shows that teenagers aged 15 and younger will unwittingly comply with authority figures. They are very suggestible, so that during an interrogation, they are more likely than adults to change their answers in response to interviewers.


LA TIMES: FALSE DATA REPORTING SYMPTOMS OF LARGER LAPD ISSUES?

Within the last three months, two reports have emerged revealing false data reporting within the LAPD. The first, an August LA Times report, found nearly 1,200 violent crimes misclassified as minor crimes, resulting in lower city crime rates.

Then, on Friday, an Office of Inspector General report found that department supervisors were boosting patrol numbers by deploying “ghost cars,” reporting officers as out on patrol who were actually filling out paperwork or performing other duties.

An LA Times editorial says that either the LAPD administration is unaware of what’s going on at the ground-level, or they are enforcing a culture in which department supervisors can only achieve goals by fixing the numbers. The editorial says the department needs to be held responsible for the false data reporting, but that the police commission should also examine why these errors are occurring.

Here’s a clip:

The Inspector General’s revelation is troubling for a number of reasons. For one thing, it’s dishonest. False data lead city leaders and the public to believe the streets are more heavily patrolled than they really are. That undermines our sense of how safe we are, and also influences policy decisions on, for example, whether the city should hire more civilians for administrative tasks or keep hiring officers. And if supervisors can justify lying about staffing levels in order to keep the bosses happy, what other transgressions or omissions will they allow?

Most worrisome is that this is the second report in recent months to conclude that the LAPD has been relying on bad data and inaccurate reporting. A Times investigation in August found that the department understated violent crime in the city by misclassifying nearly 1,200 violent crimes as minor offenses during a one-year period. LAPD Chief Charlie Beck chalked that up to human error, although department insiders said deliberate miscoding had become common as captains and other supervisors were — again — under intense pressure to meet crime-reduction targets set by the brass.


NEW RADIO CAMPAIGN BY “FRIENDS OF MCDONNELL”

The independent expenditure committee, Friends of McDonnell for Sheriff 2014, has launched a $250,000 radio campaign on LBPD Chief Jim McDonnell’s behalf.

In the 60 second ad, LA District Attorney Jackie Lacey calls on listeners to vote McDonnell for Los Angeles Sheriff. Here’s the transcript:

This is Los Angeles County District Attorney Jackie Lacey. There is no better choice for Los Angeles County Sheriff than Jim McDonnell. Jim is recognized as a leader in law enforcement leader. He has decades of experience with LAPD and as Chief of the Long Beach Police Department.

I respect and endorse Jim because he has integrity, independence, and has served on the front line of law enforcement. Proven leadership is why Jim McDonnell is endorsed by four previous DA’s.

Jim McDonnell is endorsed by all 5 County Supervisors and Mayor Eric Garcetti. Every daily newspaper in Los Angeles County has also endorsed Jim McDonnell for Sheriff. I know Jim McDonnell can get the job done as Sheriff. I have seen him in action.

Whether you vote by absentee ballot or at the polls, be sure to vote for Jim McDonnell for L.A. County Sheriff.

While Paul Tanaka is technically still in the race, he has been rather quiet in his campaigning, opting to speak at smaller events, and posting a couple of videos on his social media pages (including a video of former sheriff contender Pat Gomez endorsing him).

Posted in District Attorney, Jim McDonnell, juvenile justice, LAPD, LASD, LAUSD, Paul Tanaka | 14 Comments »

OIG: LAPD Deployed “Ghost Cars” to Boost Patrol Numbers, Asset Forfeiture $$, Black Teens’ 21 Times Higer Risk of Death by Officer, and LA’s New Poet Laureate

October 13th, 2014 by Taylor Walker

INSPECTOR GENERAL FINDS LAPD MET PATROL GOALS BY SENDING OUT “GHOST CARS”

An investigation by the LAPD’s Office of the Inspector General found department supervisors falsified documents to augment the recorded number of cars on patrol to meet policy requirements. Department commanders in at least 5 of 21 divisions sent out “ghost cars” while the officers recorded as on patrol were actually completing paperwork or performing other duties, according to the report released Friday.

The LA Daily News’ Mike Reicher has more on the investigation. Here’s a clip:

To keep call response times down throughout the city, department policy requires at least one car to patrol each of the department’s roughly 200 geographic areas at all times. A workforce constrained by budget cuts and pressure to report positive statistics may have pushed commanders to manipulate information, some say.

“In the broadest sense, perceptions become reality,” Police Commission President Steve Soboroff said in an interview. “People perceive there are a lot of police in the street, but they would act differently if there’s only one car patrolling their neighborhood.”

Department spokesman Cmdr. Andrew Smith declined to comment until the full Police Commission addresses the report at its Tuesday meeting.

The investigation found that the officers’ patrol cars, which were reported to be responding to emergency calls, were actually parked at the stations or otherwise not on patrol. They are known as “ghost cars.”

[SNIP]

“It appears that the area personnel provided inaccurate accounts of actual patrol strength to [headquarters], and not to the public,” the report by Inspector General Alex Bustamante stated, “for the express purpose of meeting the patrol plan mandate.”

Bustamante’s report details one officer who was assigned to work patrol, but instead worked the equipment room checking out items such as microphones, rifles and car keys. Another spent six hours writing reports and conducting follow-up investigations in the station, despite his official status as patrolling. The report doesn’t list officers’ divisions or names, to protect whistleblowers’ confidentiality.


LAW ENFORCEMENT AGENCIES USE SEIZED ASSETS AS FUNDING, BUY WEAPONS, GEAR, AND MORE

A new Washington Post investigation found that since 2008, local law enforcement agencies across the US have used billions of dollars obtained through civil asset forfeiture to buy things like weapons, gear, vehicles, a $637 coffee maker, and a clown. (No, we’re not kidding about the clown.)

The Post’s Robert O’Harrow Jr. and Steven Rich analyzed tens of thousands of expenditure reports submitted to the DOJ through the Equitable Sharing Program which allows law enforcement agencies to use the money they take from citizens. The investigation found that 81% of the $2.5 billion reported was taken from people who were never charged with a crime. But because people have to jump through hoops to prove they legally acquired the money or property that officers took from them, they do not often win it back.

(You can read our earlier posts about asset forfeiture here, here, and here.)

Here are some clips:

The details are contained in thousands of annual reports submitted by local and state agencies to the Justice Department’s Equitable Sharing Program, an initiative that allows local and state police to keep up to 80 percent of the assets they seize. The Washington Post obtained 43,000 of the reports dating from 2008 through a Freedom of Information Act request.

The documents offer a sweeping look at how police departments and drug task forces across the country are benefiting from laws that allow them to take cash and property without proving a crime has occurred. The law was meant to decimate drug organizations, but The Post found that it has been used as a routine source of funding for law enforcement at every level.

“In tight budget periods, and even in times of budget surpluses, using asset forfeiture dollars to purchase equipment and training to stay current with the ever-changing trends in crime fighting helps serve and protect the citizens,” said Prince George’s County, Md., police spokeswoman Julie Parker.

Of the nearly $2.5 billion in spending reported in the forms, 81 percent came from cash and property seizures in which no indictment was filed, according to an analysis by The Post. Owners must prove that their money or property was acquired legally in order to get it back.

The police purchases comprise a rich mix of the practical and the high-tech, including an array of gear that has helped some departments militarize their operations: Humvees, automatic weapons, gas grenades, night-vision scopes and sniper gear. Many departments acquired electronic surveillance equipment, including automated license-plate readers and systems that track cellphones.

The spending also included a $5 million helicopter for Los Angeles police; a mobile command bus worth more than $1 million in Prince George’s County; an armored personnel carrier costing $227,000 in Douglasville, Ga., population 32,000; $5,300 worth of “challenge coin” medallions in Brunswick County, N.C.; $4,600 for a Sheriff’s Award Banquet by the Doña Ana County (N.M.) Sheriff’s Department; and a $637 coffee maker for the Randall County Sheriff’s Department in Amarillo, Tex.

Sparkles the Clown was hired for $225 by Chief Jeff Buck in Reminderville, Ohio, to improve community relations. But Buck said the seizure money has been crucial to sustaining long-term investigations that have put thousands of drug traffickers in prison.

“The money I spent on Sparkles the Clown is a very, very minute portion of the forfeited money that I spend in fighting the war on drugs,” he told The Post.

About 5,400 departments and drug task forces have participated in the Equitable Sharing Program since 2008. Justice spokesman Peter Carr said the program is an effective weapon to fight crime but should not be considered “an alternative funding source for state and local law enforcement.”


PROPUBLICA: BLACK TEENS FACE MUCH HIGHER RISK OF BEING FATALLY SHOT BY OFFICERS THAN WHITE TEENS

ProPublica’s Ryan Gabrielson, Ryann Grochowski Jones, and Eric Sagara analyzed federal data on fatal “officer-involved” shootings of young males up to the age of 19. The analysis, which included 1,217 deadly shootings between 2010 and 2012 (as well as a larger pool of 12,000 incidents from as far back as 1980), revealed black teens faced a risk of being killed by officers that was 21 times greater than white teens.

Here’s a clip from the ProPublica analysis:

The 1,217 deadly police shootings from 2010 to 2012 captured in the federal data show that blacks, age 15 to 19, were killed at a rate of 31.17 per million, while just 1.47 per million white males in that age range died at the hands of police.

One way of appreciating that stark disparity, ProPublica’s analysis shows, is to calculate how many more whites over those three years would have had to have been killed for them to have been at equal risk. The number is jarring – 185, more than one per week.

ProPublica’s risk analysis on young males killed by police certainly seems to support what has been an article of faith in the African American community for decades: Blacks are being killed at disturbing rates when set against the rest of the American population.

Our examination involved detailed accounts of more than 12,000 police homicides stretching from 1980 to 2012 contained in the FBI’s Supplementary Homicide Report. The data, annually self-reported by hundreds of police departments across the country, confirms some assumptions, runs counter to others, and adds nuance to a wide range of questions about the use of deadly police force.

Colin Loftin, University at Albany professor and co-director of the Violence Research Group, said the FBI data is a minimum count of homicides by police, and that it is impossible to precisely measure what puts people at risk of homicide by police without more and better records. Still, what the data shows about the race of victims and officers, and the circumstances of killings, are “certainly relevant,” Loftin said.

[SNIP]

The data, for instance, is terribly incomplete. Vast numbers of the country’s 17,000 police departments don’t file fatal police shooting reports at all, and many have filed reports for some years but not others. Florida departments haven’t filed reports since 1997 and New York City last reported in 2007. Information contained in the individual reports can also be flawed. Still, lots of the reporting police departments are in larger cities, and at least 1000 police departments filed a report or reports over the 33 years.


LUIS RODRIGUEZ NAMED LOS ANGELES POET LAUREATE

Last week, Luis Rodriguez, an iconic LA poet, novelist, memoirist, teacher, publisher, and advocate, best known for his memoir, Always Running: La Vida Loca, Gang Days in LA, was named Los Angeles’ second ever poet laureate.

(We at WLA think this is a wonderful thing, and we’ll have more on the story later in the week.)

LA Weekly’s Jennifer Swann has more on our new poet laureate. Here’s a clip:

As L.A.’s poet laureate, Rodriguez will serve a two-year term in which he’ll act as “the official ambassador of L.A.’s vibrant creative scene,” a sort of spokesman for the written word, according to a statement issued by the mayor’s office. It’s a natural fit for Rodriguez, who’s already been filling that role on his own, as the founder of Tia Chucha’s Centro Cultural, a nonprofit bookstore and cultural center that fosters art, literary and music workshops in the largely Latino community of Sylmar.

In his new position, the best-selling author of the memoirs Always Running, La Vida Loca: Gang Days in L.A. and It Calls You Back is expected to host a series of readings, workshops and classes at the L.A. Public Library, which sponsors the poet laureate program, along with the Department of Cultural Affairs. The program is aimed at educating inner-city kids with limited access to poetry.

Posted in LAPD, racial justice, War on Drugs, writers and writing | 38 Comments »

San Antonio’s Mental Health Diversion, Judge Michael Nash Seeks Child Welfare Czar Position, DEA Steals Woman’s Identity, and Combatting Child Sex Trafficking in LA

October 10th, 2014 by Taylor Walker

SAN ANTONIO SETS EXAMPLE OF HOW TO TURN AROUND OVER-INCARCERATION OF MENTALLY ILL

LA County is facing a federal consent decree over jail conditions and treatment of the mentally ill, and at the state level, a US District Judge ordered California to improve policies regarding the handling of mentally ill inmates languishing in solitary confinement.

And the problem isn’t just here, it’s happening across the country (save for a few special cases): more than half of everyone behind bars in the US has mental health problems.

One of those exceptions is San Antonio, Texas, where 95% of officers have completed specialized Crisis Intervention Training (CIT) for better police interactions and outcomes for people with mental illness. People with mental illnesses help train officers on how to treat them. Officers take mentally ill people in crisis to treatment centers instead of jail. The program has saved the city a whopping $50 million.

ACLU Center for Justice Senior Counsel Kara Dansky has more on the program. Here’s a clip:

Approximately 95 percent of police officers in San Antonio have gone through Crisis Intervention Training (CIT), a program that teaches them how to spot the symptoms of mental illness and how to safely and effectively interact with someone struggling with a mental health crisis.

People with mental illnesses, including Michelle, work with the police officers to teach them how they should be treated. Michelle helps to train them. Even though it’s not the ideal solution, some people call the police when having a mental health crisis. Instead of putting people in handcuffs and taking them to jail, officers in San Antonio take them to a center staffed with mental health professionals.

In the new short film series, “OverCriminalized,” we interviewed several members of the San Antonio police force. They report that they are much more confident and comfortable dealing with mental health crises after going through the training. Most importantly, since the implementation, none of the CIT teams have used extreme force.

But it’s not just about how to police; it’s about the entire goal of these interactions. People struggling with mental illness are no longer taken to a jail cell by way of lengthy and expensive stops in the ER. This program has saved the city about $50 million dollars.

It’s good to celebrate what’s happened in San Antonio. But we need to step back and ask how the city got into this problem in the first place. The answer is that for decades, this county has been shoving social problems like mental illness and drug addiction into a criminal justice system ill equipped to solve them. This mass criminalization has led to way too many people behind bars, often for too long and for reasons that have no business being crimes in the first place. Communities of color have been hardest hit.


HEAD OF JUVENILE COURT JUDGE MICHAEL NASH WANTS TO BE APPOINTED LA’S NEW CHILD WELFARE CZAR

LA County Juvenile Court Presiding Judge Michael Nash says he wants to be LA’s new Child Welfare Czar. (We at WLA think this is a fantastic idea.)

During his time as head of the juvenile court system, Nash has worked to bring public accountability to the children’s court system and the Department of Children and Family Services.

It is yet unclear when the new czar will be named, but LA County’s transition team is working to give the new leader a head start when they are finally appointed.

Daniel Heimpel broke the story in his publication, the Chronicle of Social Change. Here’s a clip:

On Wednesday, Nash told The Chronicle of Social Change that he had indeed thrown his hat in the ring, telling recruiters that he wanted the job.

He said that moving from the courts to a highly politicized office was like, “going from the frying pan into the fire.” But years of experience weighing the complexities of child maltreatment and foster care made it almost impossible for him to resist. “Sadly that’s the way it is,” he added with a chuckle.

Dilys Garcia, who heads Los Angeles County’s Court Appointed Special Advocate (CASA) program and works out of Nash’s courthouse, was both sad to see Nash leave the court, and hopeful about his prospects for leading the new office.

“He has been an inspiration to people in the child welfare field,” Garcia said. “Even at the darkest moment he finds a beacon of light to point to. His leaving is going to be a big loss, but I think it would be terrific if he ended up in this new role as child protection czar.”


AN IDENTITY STOLEN “FOR THE GREATER GOOD” …AND THE DEHUMANIZATION OF DRUG OFFENDERS

Buzzfeed’s Chris Hamby has an alarming story about a woman whose identity was stolen by the DEA in an attempt to communicate with other drug crime suspects with whom she was associated. A DEA agent used photos found on Sondra Arquiett’s cell phone, including a photo of her wearing only a bra and underwear, and another one with her young son and niece, to create a fake Facebook page while Arquiett was locked up awaiting trial.

Here’s a clip from the Buzzfeed report:

The Justice Department is claiming, in a little-noticed court filing, that a federal agent had the right to impersonate a young woman online by creating a Facebook page in her name without her knowledge. Government lawyers also are defending the agent’s right to scour the woman’s seized cellphone and to post photographs — including racy pictures of her and even one of her young son and niece — to the phony social media account, which the agent was using to communicate with suspected criminals.

The woman, Sondra Arquiett, who then went by the name Sondra Prince, first learned her identity had been commandeered in 2010 when a friend asked about the pictures she was posting on her Facebook page. There she was, for anyone with an account to see — posing on the hood of a BMW, legs spread, or, in another, wearing only skimpy attire. She was surprised; she hadn’t even set up a Facebook page . . .

The account was actually set up by U.S. Drug Enforcement Administration special agent Timothy Sinnigen.

Not long before, law enforcement officers had arrested Arquiett, alleging she was part of a drug ring. A judge, weighing evidence that the single mom was a bit player who accepted responsibility, ultimately sentenced Arquiett to probation. But while she was awaiting trial, Sinnigen created the fake Facebook page using Arquiett’s real name, posted photos from her seized cell phone, and communicated with at least one wanted fugitive — all without her knowledge.

The Washington Post’s Radley Balko says this story points to the dehumanization of drug offenders (by law enforcement and politicians) that has been occurring for decades now.

Here’s a clip from Balko’s commentary:

The DOJ filing was in response to Arquiett’s lawsuit. Consider what the federal government is arguing here. It’s arguing that if you’re arrested for a drug crime, including a crime unserious enough to merit a sentence of probation, the government retains the power to (a) steal your identity, (b) use that identity for drug policing, thus making your name and face known to potentially dangerous criminals, (c) interact with those criminals while posing as you, which could subject you to reprisals from those criminals, (d) expose photos of your family, including children, to those criminals, and (e) do all of this without your consent, and with no regard for your safety or public reputation.

The mindset that would allow government officials to not only engage in this sort of behavior, but to then fight in court to preserve their power to continue it is the same mindset that, for example, allows drug cops to compel juveniles and young women to become drug informants, with little regard for their safety — and to then make no apologies when those informants are murdered.


COMMISSIONER CATHERINE PRATT’S EFFORTS TO HELP YOUNG GIRLS CAUGHT UP IN SEX TRAFFICKING

The LA Times’ Garrett Therolf has an interesting story about Compton Juvenile Court Commissioner Catherine Pratt and the work she began three years ago to help teen girls involved in prostitution. Until recently, Los Angeles has treated these young girls as criminals, and locked them up, but Pratt and the Los Angeles County Supervisors are working to change that mindset, and instead treat young girls sold for sex as what they are—victims of child sex trafficking.

Pratt devotes Tuesdays to sex trafficking cases, and connects teens with education resources, mentor programs, and legal help. Pratt does her best to divert the girls in her court from juvenile detention and into foster care (the only alternative for these trafficked kids), but sometimes difficulties arise: girls run away from group homes, and return to the streets.

Here’s a clip from Therolf’s story:

The humble, affirming approach of Pratt’s Compton courtroom began as an experiment three years ago, when she applied for grant money to provide professional help for the young prostitutes and she set aside Tuesdays to focus exclusively on sex trafficking cases.

Advocates from at least three charities providing mentors, educational liaisons and lawyers sit in the jury box of Pratt’s courtroom to connect with youths as soon as the need arises.

Los Angeles County supervisors launched a plan this year that adopts Pratt’s ethos, and social workers, police officers and others are being trained to take a softer approach to the children involved in prostitution. They are instructed to treat these young prostitutes as victims rather than perpetrators.

[SNIP]

“I used to lecture them,” Pratt said. ” ‘You’re making bad choices. This is dangerous.’ I tried to explain to them how short the life span for people in prostitution is. And they were not at all interested. It really didn’t resonate with them at all.”

A personal relationship and trust have to be developed first, she said, and she measures her progress in the pictures, emails and poems that some of the youths send her.

Still, there is risk.

More than 60% of Los Angeles County’s children arrested for prostitution had previously come to the attention of the county’s Department of Children and Family Services, and the foster care system’s group homes have become one of most frequent gateways to the sex trade because the children there have fewer family ties and pimps target them for recruitment.

But the foster care system is currently the county’s only alternative to juvenile detention facilities.

Posted in DCFS, DEA, Department of Justice, Foster Care, juvenile justice, LA County Board of Supervisors, Mental Illness, Sentencing, War on Drugs | No Comments »

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

October 9th, 2014 by Celeste Fremon



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

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

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

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

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

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

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

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

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

(Here’s a link to the order itself.)

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

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

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

Indeed.


HOW PROSECUTORS CAME TO HAVE SO MUCH POWER

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

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

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

Here are some clips:

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

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

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

[LARGE SNIP]

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

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

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

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

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


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

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

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

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

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

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

LA Supes Votes YES on Controversial ICE Partnership….Prop 47 Gathers Support & LA Times Endorses……& A New Tanaka Fan

October 8th, 2014 by Celeste Fremon



On Tuesday, the LA County Board of Supervisors voted to keep a controversial immigration policy
known as 287(g), making LA only one of two counties in the state to continue to implement the 1996 statute that permits the federal government to delegate immigration enforcement powers to state and local law enforcement.

Both Riverside and San Bernardino recently chose to halt participation with 287(g), making Orange County and LA the sole California holdouts.

LA would use 287(g) only in the the LA County jails, where immigration agents are embedded, and custody personnel are trained to screen inmates for immigration status.

Supervisors Gloria Molina, Mike Antonovich and Don Knabe voted for the measure, while Zev Yaroslavsky and Mark Ridley-Thomas abstained.

According to KPCC's Leslie Berestein Rojas, one of the biggest reasons that the Supes and the LASD leadership favored the policy has to do with money.

Here's a clip from Berestein Rojas' story:

"It helps us maintain better records for the purpose of reimbursement from the federal government," said Anna Pembedjian, justice deputy for County Supervisor Michael Antonovich, a supporter of 287(g).

What Pembedjian is referring to is a federal grant program known as SCAAP, for State Criminal Alien Assistance Program. Counties like Los Angeles are partially reimbursed by the Department of Justice for incarcerating certain foreign-born criminals, and the better they can document their inmate population, the better their reimbursement chances.

[SNIP]

But in recent years, funding has been cut. Los Angeles County’s annual SCAAP award has gone from roughly $15 million in the late 2000s to about $3.4 million in 2014.

The county now gets reimbursed roughly 10 cents on the dollar for every SCAAP-eligible foreign inmate, Pembedjian said. Less than before, but it’s money the county would otherwise still have to spend.

“When these individuals are arrested and serving time in our jails, we have no alternative but to provide them with the housing, the mental health care, the medical care, food and security, which costs the county taxpayers millions of dollars every year,” Pembedjian said. “It is imperative for the county to recover the money from the federal government, otherwise if forces cuts in other vital services.”

Supervisor Gloria Molina, who was one of the three on the board who voted to keep the program, cited public safety as the her primary motivation.

But Hector Villagra, executive director of the ACLU of Southern California, said such a rationale was flawed.

"Sadly, the supervisor has chosen to ignore a mountain of evidence, including DHS’ own published statistics on the program that clearly indicate that vast majority of individuals deported under the 287(g) agreement had not been convicted of a serious crime, or had no criminal history. In 2010, 80% of the people identified for deportation under this program were not convicted of a serious felony."

Indeed, according to a 2011 report by the Migration Policy Institute, nationally, 50 percent of those snatched by the program have committed felonies or other crimes that ICE considers serious. The other half of those detained have committed misdemeanors and/or have been involved in traffic accidents.

Prior to the vote, Villagra and the So Cal ACLU had urged board members to wait until a new sheriff is chosen in November to make up their minds on 287(g). But, as with the two billion dollar jail building decision (about which they were similarly asked to hold off until November) the board declined to delay the vote.

"It is inconceivable that our County leadership has chosen to continue a failed program that has already been abandoned in over 250 jurisdictions throughout the nation- including the City of Los Angeles," said Maria Elena Durazo, of the Los Angeles County Federation of Labor, and Angelica Salas, Director of Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA), in a joint statement.

Yes, well, apparently it's not so inconceivable. But it is very disappointing.


PROP 47 AHEAD IN THE POLLS & THE LA TIMES ENDORSES IT

The New York Times' Erik Eckholm reports that, at the moment, Proposition 47 appears poised to pass, with the September poll by the Public Policy Institute showing 62 percent of voters in favor, 25 against. As you likely know, Prop 47 is the initiative that would reclassify a list of low-level felonies as misdemeanors making them punishable by at most one year in a county jail and, in many cases, by probation and counseling. The changes would apply retroactively, shortening the sentences of thousands already in prison or jails.

Although most district attorneys, and many law enforcement organizations (including the California Police Chief's Association) are against the initiative, San Francisco District Attorney George Gascón, the former SF police chief and former second in command for the LAPD, has become one of the measure's champions. And 47 has gathered strong support among some prominent conservatives, as well as liberals, and moderates, writes the Times' Eckholm.

Large donations in support have come from the Open Society Policy Center, a Washington-based group linked to George Soros; the Atlantic Advocacy Fund, based in New York; Reed Hastings, the chief executive of Netflix; and Sean Parker, the former president of Facebook.

But the largest single donor is B. Wayne Hughes Jr., a conservative Christian businessman and philanthropist based in Malibu. In one of the most tangible signs yet of growing concern among conservatives about the cost and impact of incarceration, Mr. Hughes has donated $1.255 million.

Mr. Hughes said he had been inspired by the late Chuck Colson to start prison ministry programs in California, and that his firsthand contact with prisoners and their families convinced him that the current heavy reliance on incarceration is often counterproductive.

“This is a model that doesn’t work,” he said in an interview. “For the $62,000 cost of a year in prison, you can send three kids to college,” he said. “But for me, it’s not just about the money, it’s about our fellow citizens who are hurting.”

Mr. Hughes was joined by Newt Gingrich as co-author of an op-ed in The Los Angeles Times urging citizens to vote yes....

The LA Times is the latest to endorse Proposition 47, saying that it will help California make more intelligent use of its criminal justice and incarceration resources, including the allocation of resources "to curb the likelihood of [lawbreakers] committing new crimes."

The San Francisco Chronicle endorsed 47 late last month.

Here's a clip from the Times' endorsement editorial:

Proposition 47 would do a great deal to stop the ongoing and unnecessary flow of Californians to prison for nonviolent and nonserious offenses and would, crucially, reduce the return flow of offenders from prison back to their neighborhoods in a condition — hardened by their experience, hampered by their felony records, unready for employment or education, likely mentally ill or addicted — that leaves them only too likely to offend again. It is a good and timely measure that can help the state make smarter use of its criminal justice and incarceration resources. The Times strongly recommends a "yes" vote on Proposition 47.

The measure has three parts. It would reduce sentences in California for a handful of petty crimes — drug possession and some types of theft, such as shoplifting — that currently are chargeable as either misdemeanors or felonies but should be just misdemeanors. It would open a three-year window during which inmates serving felony sentences for these crimes could apply to have their sentences reduced. And it would direct the savings from lowering the prison population to be spent on the kinds of things that, as data have shown time and again, keep significant numbers of former inmates from re-offending: substance abuse and mental health treatment, reentry support and similar services that also help crime-battered neighborhoods. Much of the savings would also be spent on truancy prevention and support for crime victims.

Opponents offer arguments that are familiar for their fear-mongering tactics but are new in some of their particulars: baseless yet ominous warnings that waves of dangerous criminals will be released; odd predictions about, of all things, date rape; acknowledgment that current sentencing is often excessive and counterproductive, but excuses for not previously having made sensible changes.

The LA Times board notes that it's too bad that such sentencing reform requires an initiative, that changes of this nature should ideally be accomplished by a non-political sentencing commission, or at the very least by state lawmakers but....dream on.

...experience shows that lawmakers, so comfortable with adding new crimes and increasing sentences, are generally incapable of lowering them in the face of pressure from law enforcement and victims' interest groups, even when overwhelming evidence points to better safety, greater savings and other positive outcomes from decreased penalties.

So a proposition is what we have---and one the Times contends will be a boon for even some of its critics:

One likely benefit of Proposition 47 is not advertised but could make a real difference: With fewer crimes charged as felonies, there would be far fewer preliminary hearings (they are not needed for misdemeanor charges), which means fewer police officers pulled off the streets to wait around in courthouses to testify, less preparation time needed by deputy district attorneys and deputy public defenders, and less of a drain on local law enforcement and criminal justice budgets. It is one of many ways in which Proposition 47 would be a step forward for California.


FORMER CANDIDATE FOR SHERIFF ENDORSES PAUL TANAKA. (YES, REALLY.)

In a slightly odd turn of events, former candidate for LA County Sheriff, retired LASD lieutenant Patrick Gomez, just endorsed former undersheriff Paul Tanaka for the job according to a release from Tanaka's campaign.

This wouldn't be quite so peculiar were it not for the fact that Gomez spent part of nearly every candidate debate during the primary slamming Tanaka in particular.

For instance, here is what the Daily News reported after one of the early debates:

“Gomez, meanwhile, attacked Tanaka, who had been Baca’s second in command…. “I’m going to request that the FBI request a forensic audit,” Gomez said. “Tanaka talked about being a CPA, yet the auditor released a report in January that said $138 million were mishandled from special accounts within this department. Who was responsible for that?

‘These people talk about there’s been a lack of leadership — (but) these are the leadership people — they’re the assistant sheriff and the undersheriff, current and past. We’ve got to hold them accountable when we vote on June 3rd.’ ”

We guess that everyone's entitled to change his mind if he so desires. We'd just be very curious to know what new points of view persuaded Lt. Gomez to change his in this matter.

Posted in immigration, jail, LA County Board of Supervisors, LA County Jail, LASD, law enforcement, Los Angeles County, Paul Tanaka, Sentencing | 32 Comments »

Citizenship Largest Criminal Justice Disparity, Non-returnable Military Gear, Gay Marriage…and More

October 7th, 2014 by Taylor Walker

STUDY: CITIZENSHIP STATUS BIGGER SENTENCING DISCREPANCY THAN RACE

Until now, an abundance of research has emerged illustrating colossal racial discrepancies in the criminal justice system (and many other systems). But according to a forthcoming study, citizenship is even more influential than race in determining if a person will go to prison and how long they will be locked up.

In the United States, undocumented immigrants are four times more likely to be incarcerated, and spend two to four months longer in jail for the same crimes as legal citizens, according to the groundbreaking study authored by Michael Light of Purdue University, which will published in the American Sociological Review.

The gap between citizens and non-citizens is larger than the gap between black and white offenders. The study looked at non-immigration-related offenses in the non-citizen federal prison population (which is a quarter of the entire federal prison pop.).

Yahoo News’ Liz Goodwin has more on the study. Here are some clips:

This sentencing gap between citizens and noncitizens is even larger than ones found between black defendants and white defendants, according to Michael T. Light, the study’s author and an assistant professor of sociology at Purdue University. Lacking citizenship appears to be worse news for a defendant than his or her race. A white noncitizen faces more jail time, on average, than a black U.S. citizen convicted of the same crime, the study found.

Citizenship “appears to trump race and ethnicity when determining punishments for those who violate U.S. law,” the study concludes. The effect was starkest for undocumented immigrants, but even legal immigrants faced significantly longer sentences than citizens convicted of the same crimes, regardless of their race. Most of the sentencing disparity between Hispanics and whites could be explained by the higher percentage of noncitizens in the Hispanic group, the study found.


POLICE AGENCIES’ UNWANTED MILITARY GEAR HARD TO RETURN, JUST GETS MOVED TO ANOTHER TOWN

Since Ferguson, law enforcement agencies have felt considerable pressure to get rid of military surplus armored vehicles, firearms, and gear. But agencies have found that not only is it very difficult to return military gear, when the military does take it back, it’s because a different agency wants it. So, for forces like the LAUSD police department agreeing to give back unnecessary grenade launchers, and the San Jose police department trying to get rid of a mine-resistant vehicle, the gear and vehicles they return will likely just be handed off to another town.

Mother Jones’ Molly Redden has more on the issue. Here’s a clip:

…some agencies have found the process of getting rid of unwanted military gear next to impossible. Agencies can’t return or trade large pieces of tactical equipment without Defense Department approval, and because the Pentagon technically still owns that equipment, they can’t sell it.

According to interviews with state officials running point between the Pentagon and police, the Defense Department prefers to leave equipment in circulation whenever possible. “It’s a low-cost storage method for them,” says Robb Davis, the mayor pro tem of Davis. His town is trying to shake its MRAP. “They’re dumping these vehicles on us and saying, ‘Hey, these are still ours, but you have to maintain them for us.’”

[SNIP]

“The federal government is just not interested in getting this stuff back,” says Davis Trimmer, a lieutenant with the Hillsborough, North Carolina, police department. Local law enforcement officials and Pentagon liaisons interviewed by Mother Jones all agree that the Defense Department always prefers to keep working equipment in circulation over warehousing it. Trimmer has twice requested permission to return three M14 rifles that are too heavy for practical use. But the North Carolina point person for the Pentagon insists that Hillsborough can’t get rid of the firearms until another police department volunteers to take them. Police in Woodfin, North Carolina, are facing the same problem as they try to return the town’s grenade launcher.

In fact, the first move for state liaisons when a police department wants to dump its military equipment is to alert the rest of the state’s police force that the item is up for grabs. This poses a moral dilemma for communities that are getting rid of their weapons and armored vehicle out of protest: ditching your MRAP just makes it another town’s problem.

“I have a lot of discomfort about that,” Davis says. “A lot.” Jarred by the clashes in Ferguson, the Davis city council voted in late August to come up with plans for getting rid of the city’s newly acquired MRAP—which arrived with the machine gun turret still attached.

But officials in Davis are finding that the cheapest way to unload the armored vehicle may be to ship it to a police department in a neighboring town. At best, says Davis, the Defense Department will ask the city to ship the vehicle to a police department out of state. “The bottom line is, if we send it back, we know what will happen to it. It will go on to be used in another community,” Davis says. “In the broader scheme of things, we will not have done anything but make a symbolic gesture.” At least two law enforcement agencies, both located in Northern California, have already expressed interest in the MRAP.


THE US SUPREME COURT’S DECISION (OR LACK THEREOF) ON GAY MARRIAGE, WHAT IT MEANS, AND WHY IT WAS SURPRISING

On Tuesday morning, the US Supreme Court unexpectedly chose not to hear any of the seven cases before them challenging states’ rights to ban gay marriage. Everyone (experts included) expected the high court to take up at least one of the cases.

By refusing to hear any of the cases, SCOTUS let gay marriage stand in Utah, Virginia, Oklahoma, Indiana, and Wisconsin. Six additional states under the those states’ circuit courts will also be affected by this decision. This would mean that a majority of states (30) would boast legal gay marriage. (Hooray!)

There’s a lot of coverage on this, but if you only read one piece of reporting on this issue, Lyle Denniston’s analysis over at SCOTUSblog makes some interesting points.

For instance, Denniston lays out six reasons why the high court’s decision was surprising. Here are the first four:

First, for all seven petitions, both sides had urged the Court to grant review — a rare thing, and one that almost never fails to assure review.

Second, last year the Court had agreed to decide on the constitutionality of same-sex marriage, but wound up not deciding that issue because of a procedural defect in the appeal in that case (involving California’s “Proposition 8″). That was a sign that the Justices were prepared to confront the basic issue, at least at that time.

Third, during this year, the Court itself has three times blocked lower court rulings striking down state bans — an indication that the Justices did not want same-sex marriages to occur until they had weighed in on their constitutionality.

Fourth, the Court surely knew what the practical impact would be of turning aside all seven petitions — that is, the early implementation of same-sex marriages in a good many more states, without the Court ever having ruled on the core question and, in fact, with the Court having never said anything, one way or the other, on that basic issue.

USA Today’s Brad Heath also has good coverage (and a nifty interactive map).


EXONEREES TO SHARE THEIR STORIES AT LOYOLA’S DTLA INNOCENCE DAY CELEBRATION

Today (Tuesday) five exonerated men will speak at an Innocence Day celebration co-hosted by Loyola Law School, Los Angeles’ Project for the Innocent and Death Penalty Focus. The speakers, Mario Rocha, Kash Register, Obie Anthony, Arthur Carmona, and Nick Yarris, have spent more than 80 years (combined) behind bars for crimes committed by someone else. (WLA has shared Mario Rocha’s story—here—and Kash Register’s—here.) The Project for the Innocent helped secure the release of both Kash Register and Obie Anthony, who had spent 34 years and 17 years, respectively, in prison while innocent.

The celebration will take place from 12:00-1:00p.m. at Loyola’s Downtown LA campus. You can find out more about the event on Project for the Innocent’s Facebook page.

they had something to do with the exoneration of one or two of them

Posted in Innocence, law enforcement, LGBT, Supreme Court | No Comments »

Visible Tattoos and Recidivism, the Right to a Speedy Trial, Prop 47, and the Right to Remain Silent

October 6th, 2014 by Taylor Walker

STUDY: VISIBLE INK ON RELEASED INMATES = HARDER TIME FINDING EMPLOYMENT AND FASTER RETURN TO INCARCERATION

Former inmates who have visible tattoos—on their face, head, neck, or hands—are re-incarcerated nearly two years earlier than ex-inmates with visible tattoos elsewhere on their body, according to a recent study authored by Kaitlyn Harger of West Virginia University. And, inmates without tattoos made it on the outside an average of 3.4 years longer than inmates with tattoos.

Harger used data on a sample of inmates exiting and entering Florida Dept. of Corrections facilities between 2008-2010, and accounted for variables like gender, age, and previous offenses.

Here’s the report‘s abstract:

This study examines whether tattoo visibility affects recidivism length of ex-offenders. Conventional wisdom suggests that visible tattoos may negatively influence employment outcomes. Additionally, research on recidivism argues that employment post-release is a main determinant of reductions in recidivism. Taken together, these two bodies of literature suggest there may be a relationship between tattoos visible in the workplace and recidivism of released inmates.

Using data from the Florida Department of Corrections, I estimate a log-logistic survival model and compare estimated survival length for inmates with and without visible tattoos. The findings suggest that inmates with visible tattoos return to incarceration faster than those without tattoos or with tattoos easily hidden by clothing.

EDITOR’S NOTE: Fr. Greg Boyle of Homeboy Industries often tells a story of the guy who came into his office shortly after his release from prison saying he really needed helping getting a job, that he’d struck out on everything for which he’d applied. Greg looked at the former gang member, and took in the devil horns tattooed prominently on his forehead and said, “Uh, yeah, let’s put our heads together and see if we can figure this problem out.”

Clearly McDonalds was not going to hire the recently released man, as is, to ask “Would you like fries with that?”

Then there was the former homeboy I knew well, a guy nick-named Curly who was having similar problems getting a job when he got out of prison. Bright, good-hearted and personable, Curly—whose mother and dad were both heroin addicts—had struggled with drug addiction for much of his teenage years and adulthood. But now he wanted very much to reboot his life. I looked at him and noted that he had no really onerous tattoos visible. Then I noticed he was holding his eyes peculiarly wide open, without blinking, and I became suspicious.

“Blink,” I said.

And he did. I saw that on one eyelid he had the word FUCK tattooed, on the other eyelid: YOU.

“What were you thinking?!!” I moaned before I could stop myself.

Curly admitted he was a man in need of tattoo removal services. With the offending words removed, his job search went far better.

Many men remove visible tattoos, not just for jobs, but for their kids, who are embarrassed by their dad’s skin markings, and also as a symbol of their personal change, a way of stating, “homie don’t play that anymore….”

So are we surprised at these figures? Not at all. But are we glad that the research supports what common sense could tell anybody. Yes. And hopefully policy and programs will follow after.


TEEN WAITED FOR TRIAL IN SOLITARY FOR ALMOST THREE YEARS ON CHARGES ULTIMATELY DISMISSED

In 2010, 16-year-old Kalief Browder was arrested for allegedly stealing a backpack that contained a debit card, a credit card, some electronics, and $700. Kalief was not found to have the backpack, but the robbery victim identified him as the thief, and Kalief was hauled away to Rikers Island to await trial.

Kalief’s case was delayed for three years for various reasons, one of which was because the prosecutor’s assigned assistant was on vacation. And although the case against Kalief was eventually dismissed, Kalief spent nearly the entire three years of his incarceration in solitary confinement, and the damage was already done. Kalief attempted suicide twice while in isolation, and twice more after his release, landing him in the psychiatric ward. (Last week, Rikers vowed to end solitary confinement of 16 and 17-year-olds.)

Kalief now has a lawsuit against the city, the NYPD, the DA responsible for his case, and the NYC Department of Correction.

The New Yorker’s Jennifer Gonnerman has Kalief’s heartbreaking story (it’s quite long, but make sure to read the whole thing). Here are some clips:

In the early hours of Saturday, May 15, 2010, ten days before his seventeenth birthday, Kalief Browder and a friend were returning home from a party in the Belmont section of the Bronx. They walked along Arthur Avenue, the main street of Little Italy, past bakeries and cafés with their metal shutters pulled down for the night. As they passed East 186th Street, Browder saw a police car driving toward them. More squad cars arrived, and soon Browder and his friend found themselves squinting in the glare of a police spotlight. An officer said that a man had just reported that they had robbed him. “I didn’t rob anybody,” Browder replied. “You can check my pockets.”

The officers searched him and his friend but found nothing. As Browder recalls, one of the officers walked back to his car, where the alleged victim was, and returned with a new story: the man said that they had robbed him not that night but two weeks earlier. The police handcuffed the teens and pressed them into the back of a squad car. “What am I being charged for?” Browder asked. “I didn’t do anything!” He remembers an officer telling them, “We’re just going to take you to the precinct. Most likely you can go home.” Browder whispered to his friend, “Are you sure you didn’t do anything?” His friend insisted that he hadn’t.

At the Forty-eighth Precinct, the pair were fingerprinted and locked in a holding cell. A few hours later, when an officer opened the door, Browder jumped up: “I can leave now?” Instead, the teens were taken to Central Booking at the Bronx County Criminal Court.

Browder had already had a few run-ins with the police, including an incident eight months earlier, when an officer reported seeing him take a delivery truck for a joyride and crash into a parked car. Browder was charged with grand larceny. He told me that his friends drove the truck and that he had only watched, but he figured that he had no defense, and so he pleaded guilty. The judge gave him probation and “youthful offender” status, which insured that he wouldn’t have a criminal record.

Late on Saturday, seventeen hours after the police picked Browder up, an officer and a prosecutor interrogated him, and he again maintained his innocence. The next day, he was led into a courtroom, where he learned that he had been charged with robbery, grand larceny, and assault. The judge released his friend, permitting him to remain free while the case moved through the courts. But, because Browder was still on probation, the judge ordered him to be held and set bail at three thousand dollars. The amount was out of reach for his family, and soon Browder found himself aboard a Department of Correction bus. He fought back panic, he told me later. Staring through the grating on the bus window, he watched the Bronx disappear. Soon, there was water on either side as the bus made its way across a long, narrow bridge to Rikers Island.

[BIG SNIP]

Browder was losing weight. “Several times when I visited him, he said, ‘They’re not feeding me,’ ” the brother told me. “He definitely looked really skinny.” In solitary, food arrived through a slot in the cell door three times a day. For a growing teen-ager, the portions were never big enough, and in solitary Browder couldn’t supplement the rations with snacks bought at the commissary. He took to begging the officers for leftovers: “Can I get that bread?” Sometimes they would slip him an extra slice or two; often, they refused.

Browder’s brother also noticed a growing tendency toward despair. When Browder talked about his case, he was “strong, adamant: ‘No, they can’t do this to me!’ ” But, when the conversation turned to life in jail, “it’s a totally different personality, which is depressed. He’s, like, ‘I don’t know how long I can take this.’ ”

Browder got out of the Bing in the fall of 2011, but by the end of the year he was back—after yet another fight, he says. On the night of February 8, 2012—his six-hundred-and-thirty-fourth day on Rikers—he said to himself, “I can’t take it anymore. I give up.” That night, he tore his bedsheet into strips, tied them together to make a noose, attached it to the light fixture, and tried to hang himself. He was taken to the clinic, then returned to solitary. Browder told me that his sheets, magazines, and clothes were removed—everything except his white plastic bucket.

On February 17th, he was shuttled to the courthouse once again, but this time he was not brought up from the court pen in time to hear his case called. (“I’ll waive his appearance for today’s purposes,” his lawyer told the judge.) For more than a year, he had heard various excuses about why his trial had to be delayed, among them that the prosecutor assigned to the case was on trial elsewhere, was on jury duty, or, as he once told the judge, had “conflicts in my schedule.” If Browder had been in the courtroom on this day, he would have heard a prosecutor offer a new excuse: “Your Honor, the assigned assistant is currently on vacation.” The prosecutor asked for a five-day adjournment; Browder’s lawyer requested March 16th, and the judge scheduled the next court date for then.

The following night, in his solitary cell on Rikers, Browder shattered his plastic bucket by stomping on it, then picked up a piece, sharpened it, and began sawing his wrist. He was stopped after an officer saw him through the cell window and intervened.


PROP 47: SUPPORTERS SAY WILL LOWER PRISON POP, SAVE $$; OPPONENTS SAY LETS OFFENDERS OFF EASY

Proposition 47 (which would reduce certain low-level drug and property offenses from felonies to misdemeanors) is a weighty piece of legislation with strong proponents and opponents, so we will continue to inform readers on this initiative until November. (Previous posts here, and here.)

Backers say the legislation, authored by retired SD Police Chief Bill Lansdowne and SF District Attorney George Gascón, would save hundreds of millions while lowering the outrageous prison population by redirecting offenders to treatment, probation, and shorter jail stints, instead of prison. Opponents, which include San Diego’s current police chief, sheriff, and DA, say that reducing these crimes to misdemeanors will nix the idea of consequences as a crime deterrent—that people will be able to keep committing these misdemeanors. Opponents also say that the legislation will put more of a burden on counties already strained by realignment.

U-T San Diego’s Kristina Davis has more on Prop 47. Here are some clips:

Lansdowne, with nearly 50 years in law enforcement behind him, said his time as police chief of Richmond in the Bay Area in the mid-90s left a strong impression on him. “I learned a lot about crime and poverty and the need to reach out and give people opportunity to rehabilitate themselves,” he said. “I’ve seen so many homeless people in and out of jail, mentally ill addicted to drugs and they can’t get any help in the process. … There’s more to this. Just to say it’s numbers and take the people out of it is a terrible mistake.”

Supporter Stephen Downing, a retired former deputy chief of the Los Angeles Police Department, called the current tough-on-crime justice system a “war on the people” that unfairly penalizes minorities. More than half the nation’s prison population is black or Hispanic, and many are young, male and poorly educated, with substance abuse and mental health issues, according to The National Academy of Sciences, which issued a report this year on incarceration rates. The discrepancy is higher in California, where 70 percent of prison inmates are black or Hispanic.

[SNIP]

Critics say the law lacks incentives. With lighter punishments, and nothing to punish repeat offenses, what’s to stop someone from continuing to commit these misdemeanors, they ask.

[District Attorney Bonnie] Dumanis points to the slew of measures already in place to send addicts to treatment, including the drug court she started in 1996, which closely monitors addicts’ progress under the threat of jail or prison.

“What we found with drug court is that coerced treatment works. When you take the teeth out of any of these drug laws and have people pushing boundaries … there’s nothing to stop them, so it’s really enabling them,” Dumanis said.


WHEN PRE-MIRANDA RIGHTS SILENCE IS USED AGAINST YOU

People arrested in the United States technically have the right to remain silent, but unless they actually say aloud that they are invoking their 5th Amendment rights, it’s not so simple. Thanks to several California and US Supreme Court decisions, silence during police questioning can be used against a defendant in court.

KPCC’s Emily Green has more on the issue. Here’s a clip:

Courts have found suspects don’t have to be read their rights upon arrest, but only right before they are interrogated. And there can be a long lag time between the two.

In the case of Richard Tom, for example, he was in custody for two hours before he was read his rights. Earlier this year, the California Supreme Court ruled in Tom’s case, and said his silence at the scene of the accident could be used against him.

“The California Supreme Court has left us in a no-win situation, where as soon as you are arrested the prosecutor can use against you say [and] anything you don’t say against you,” says Marc Zilversmit, Tom’s attorney.

The U.S. Supreme Court issued a similar decision in 2013, in a case involving a suspect’s silence prior to arrest. In that case, the suspect voluntarily answered police questions for nearly two hours but refused to talk in depth about a gun found in his house. The prosecutor used that against him at trial.

“Most people assume that if you have a right and you exercise it, that’s all you need to do,” says Standford Law professor Jeff Fisher.

Fisher says the courts’ rulings set a trap for the unwary. The courts said the only exception is if defendants expressly tell police they are invoking their Fifth Amendment rights. Fisher says the rulings affect every kind of criminal case, including white-collar investigations where suspects are often questioned at length before being arrested.

“Under these decisions, somebody in that situation, just as much as the person accused of murder or manslaughter, needs to announce that they are relying on the Fifth Amendment privilege,” Fisher says. “It’s not enough to simply refuse to talk to police.”

Posted in Homeboy Industries, juvenile justice, pretrial detention/release, Sentencing, solitary | 1 Comment »

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

October 3rd, 2014 by Celeste Fremon



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

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

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

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

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

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


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

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

Somebody has to be the grown-up around here.

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

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

But, why trouble one’s self with facts?

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

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

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