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LASD Female Deputies Dispute Claims in Sexual Harassment Lawsuit

April 7th, 2014 by Celeste Fremon


In an open letter released over the weekend,
female deputies from Los Angeles County Sheriff’s Department who work at the East Los Angeles station, forcefully disputed many of the claims made in a sexual harassment lawsuit filed earlier this month, by LASD deputy, Guadalupe Lopez. The lawsuit alleges that Lopez was the object of various kinds of sexual harassment and retaliation by a clique of deputies that called themselves the Banditos. The suit also states that Lopez was given to believe that various other female deputies submitted to the sexual demands. (Here’s a link to our previous post on the Lopez/Banditos lawsuit.

Yolanda Villanueva, the mother of the East LA female deputies, read the letter aloud on Saturday, according to NBC news. (The deputies have, understandably remained anonymous.)

The letter reads, in part:

….Guadalupe Lopez claimed female deputy trainees were expected to submit and provide sexual favors for male training officers as a form of initiation to become full pledged patrol deputies. Her claims suggest those of us currently holding patrol deputy positions, subjected ourselves in order to maintain our position at the station.

The women at East Los Angeles Station can state without equivocation that they have not experienced such conduct. In making these allegations and pursuing her own agenda, Guadalupe Lopez has diminished, not only what we females at East Los Angeles worked so hard to achieve, but also the progress made and the respect female law enforcement officers across the country have earned. Her claims trivialize our accomplishments and we find it insulting. The claims have affected us on a professional and personal level. Our reputation as female professionals, wives, mothers, etc., is unjustly questioned, as a result of her claims.

The full text of the letter may be found here: ELA Female Deputy Statement

WLA has corresponded with one of the deputies, a wife and mother, who was very upset by the claims Lopez made in her suit.

“The public needs to understand,” she wrote, “that ELA Station has very few female deputies (22 total), of those 22, only a small fraction work in patrol. The statement speaks for all of us. Therefore in order for a “sex club” to exist we would have to know about it. She has hurt us with her claims and diminished everything we worked so hard to accomplish.”

In response to the letter released by the deputies, one of Lopez’s attorneys released a statement reaffirming the allegations stated in the lawsuit. “Ms. Lopez never stated that the majority of female deputies assigned to East Los Angeles Station were involved in any sexual activities with their male counterparts,” the press release said, according NBC.

We’ll bring you more on this perplexing and painful story as it unfolds.

Posted in LASD | 22 Comments »

Tricking Teenagers into Breaking the Law, Inmate Allowed to Sue Baca Personally, TX Gov. Perry and PREA, and an ALADS Story Update

April 7th, 2014 by Taylor Walker

RIVERSIDE COUNTY’S PENCHANT FOR UNDERCOVER HIGH SCHOOL DRUG STINGS

In 2012, Jesse Snodgrass, an autistic high school student in Temecula, was pressured into buying $20 worth of marijuana for an undercover officer posing as a new classmate and friend. Jesse—a kid who had no idea how to obtain marijuana before he was ensnared by an undercover sting operation—was thrown into the juvenile justice system.

And Jesse is not the only kid who has been solicited and entrapped by undercover officers posing as high schoolers in Riverside County. Jesse is not even the only special-needs student caught up in one of Riverside Sheriffs’ high school stings.

In an op-ed for the LA Times, Theshia Naidoo and Lynne Lyman (senior staff attorney and California state director for the Drug Policy Alliance, respectively) call Riverside County Sheriff’s Department and school districts to task for the “ill-advised” and harmful use of undercover drug stings in high schools.

Here’s a clip:

…Should we really allow adults to dress up as kids, embed themselves in school classrooms and trick children into breaking the law?

The Riverside County Sheriff’s Department regularly targets high school students, sometimes, as in this case, inspiring crime where it otherwise would not have existed. In the last four years, the department has staged four undercover sting operations in which adult officers, masquerading as high school students, repeatedly pressured students to obtain illegal substances for them. Over the last four years, nearly 100 students, a number of whom were special-needs students, have been arrested.

It is unclear why the Riverside sheriff continues to use this ill-advised strategy, and why area school districts continue to allow it. Such stings have been abandoned by many law enforcement agencies and banned by school districts across the country. The Los Angeles Unified School District hasn’t allowed undercover stings in its schools since 2004, when it concluded that they had the potential to harm students but had not reduced the availability of drugs on campus. The National Assn. of School Safety and Law Enforcement Officials has concluded that undercover high school operations have a high potential for bad outcomes for kids without evidence of corresponding good results for communities.

For a more in-depth account of Jesse Snodgrass’ “entrapment,” Rolling Stone featured an excellent longform narrative by Sabrina Rubin Erdely in their March issue. Here’s how it opens:

Jesse Snodgrass plodded around yet another stucco corner, searching for Room 254 in time for the second-period bell, only to find he was lost yet again. Jesse felt a familiar surge of panic. He was new to Chaparral High School and still hadn’t figured out how to navigate the sprawling Southern California campus with its outdoor maze of identical courtyards studded with baby palm trees. Gripping his backpack straps, the 17-year-old took some deep breaths. Gliding all around him were his new peers, chatting as they walked in slouchy pairs and in packs. Many of their mouths were turned up, baring teeth, which Jesse recognized as smiles, a signal that they were happy. Once he regained his composure, he followed the spray-painted Chaparral Puma paw prints on the ground, his gait stiff and soldierly, and prayed that his classroom would materialize. He was already prepared to declare his third day of school a disaster.

At last, Jesse found his art class, where students were milling about in the final moments before the bell. He had resigned himself to maintaining a dignified silence when a slightly stocky kid with light-brown hair ambled over and said, “Hi.”

“Hi,” Jesse answered cautiously. Nearly six feet tall, Jesse glanced down to scan the kid’s heart-shaped face, and seeing the corners of his mouth were turned up, Jesse relaxed a bit. The kid introduced himself as Daniel Briggs. Daniel told Jesse that he, too, was new to Chaparral – he’d just moved from Redlands, an hour away, to the suburb of Temecula – and, like Jesse, who’d recently relocated from the other side of town, was starting his senior year.

Jesse squinted and took a long moment to mull over Daniel’s words. Meanwhile, Daniel sized up Jesse, taking in his muscular build and clenched jaw that topped off Jesse’s skater-tough look: Metal Mulisha T-shirt, calf-length Dickies, buzz-cut hair and a stiff-brimmed baseball hat. A classic suburban thug. Lowering his voice, Daniel asked if Jesse knew where he might be able to get some weed.

“Yeah, man, I can get you some,” Jesse answered in his slow monotone, every word stretched out and articulated with odd precision. Daniel asked for his phone number, and Jesse obliged, his insides roiling with both triumph and anxiety. On one hand, Jesse could hardly believe his good fortune: His conversation with Daniel would stand as the only meaningful interaction he’d have with another kid all day. On the other hand, Jesse had no idea where to get marijuana. All Jesse knew in August 2012 was that he had somehow made a friend.


APPEALS COURT AFFIRMS THAT INMATE CAN SUE SHERIFF LEE BACA PERSONALLY

In 2006, Juan Roberto Albino was booked into Men’s Central Jail under suspicion of rape. LA County officers placed Albino in general population where fellow inmates beat and raped him under the alleged mistaken belief that he had sexually assaulted a minor. Albino was attacked two more times, and hospitalized.

He asked guards to put him under protective custody on multiple occasions. They refused. Albino is now blind is right eye, deaf in his left ear, and walks with a cane.

Normally, under the Prison Litigation Reform Act, Albino would have to go through the jail’s internal complaint process, but Albino says officers never told him of existing complaint forms or procedures.

In a 9-3 decision, California’s full 9th Court Circuit ruled in Albino’s favor, allowing him to move forward with a lawsuit against LA County and (former) Sheriff Lee Baca.

Courthouse News Service’s Tim Hull has the story. Here’s a clip:

Los Angeles County jail officials ignored an accused rapist’s pleas for protective custody after inmates mistook him for a child abuser and brutalized him, the full 9th Circuit ruled Thursday.

Jailers housed the 5-foot-3, 123-pound Juan Roberto Albino in the general population of a high-medium security housing unit after booking him into the county’s Central Jail on suspicion of rape in 2006.

He was soon beaten, cut and raped by fellow inmates under the allegedly mistaken belief that he had raped a 16-year-old girl. Though charged with rape, Albino had not been arrested for abusing a minor.

Albino allegedly requested protective custody before and after he was attacked, but he said the guards always told him to talk to his lawyer.

The detainee suffered two more attacks in general population after a stay in the hospital. He now has nerve damage on the right side of his face, uses a cane, and can’t hear with his right ear or see with his right eye.

A federal judge awarded the county summary judgment on Albino’s pro se complaint after finding that he had failed to exhaust his administrative options through the jail’s formal complaint process.

Though a three-judge appeals panel affirmed, the 9th Circuit agreed later to consider the issue en banc.

The court revived Albino’s civil rights claims against the county and its sheriff, 9-3, Thursday, finding that guards had neglected to inform him how to file an official complaint…

“Albino was beaten several times and repeatedly complained orally to deputies in the jail, asking repeatedly to be placed in protective custody,” Judge William Fletcher wrote for the majority. “The jail had a manual describing a procedure for handling inmate complaints, but this manual was for staff use only and was not made available to inmates…


AND WHILE WE’RE ON THE SUBJECT OF PROTECTING INMATES FROM RAPE…

An NY Times editorial directs some righteous indignation at Texas Governor Rick Perry’s refusal to comply with the federal Prison Rape Elimination Act.

Here’s a clip:

Mr. Perry’s complaints about the rules are without merit, but the governor wants to show that he’s opposed to federal oversight of any sort. Unfortunately, his cynical stance could prompt state corrections officials to ignore policies that protect inmates from sexual predation. The consequences could be terrible since the Texas system is replete with the sexual violence that prompted Congress to pass this law.

Mr. Perry announced his intention to flout the law in a March 28 letter to Attorney General Eric Holder Jr. He implied that Texas had its own rape-prevention measures and did not need federal oversight. Federal data consistently tell a different story. A 2013 study by the Bureau of Justice Statistics found that Texas had more prison facilities with high rates of inmate-on-inmate sexual violence than any other state.

There are several rules that seem to particularly irk Mr. Perry. One requires states to periodically audit rape prevention programs. Another requires them to certify that their prisons are in compliance. Mr. Perry complains that he couldn’t possibly certify compliance because he can’t audit all of the facilities covered by the law at once. However, the rules make clear that only one-third of the covered facilities need to be audited each year.

Moreover, the Justice Department has explained that the compliance process is flexible — the governor does not have to rely solely on audit data but can take into account internal reports or any other information that could be used to gauge whether the system meets the requirements of the law.

Mr. Perry also takes issue with a provision that sets minimum staffing levels for juvenile facilities so that young people are adequately protected from predators, including those who might be part of the institution’s staff. The levels set in the rules are consistent with those used in a dozen states and are deemed necessary to keep young people safe. The states are not required to reach those levels until 2017.


AN UPDATE ON THE ALADS BATTLE

Last week, we reported on the power struggle between two factions of the LASD deputies’ union, and the $2.5 million in sheriff campaign PAC money at stake.

Finally, last Wednesday, in a welcome moment of sanity, LA County Superior Court Judge James Chalfant has declared the union leaderless until a court hearing on April 17. In the meantime, a panel of three individuals—one from each faction and a neutral party—will make union decisions. (Thank you, Judge Chalfant!)

The LA Times’ Cindy Chang has the story.

Posted in juvenile justice, LA County Jail, LASD, prison policy, School to Prison Pipeline, War on Drugs | 4 Comments »

Peter Matthiessen: May 22, 1927 – April 5, 2014…Into the Mystery

April 7th, 2014 by Celeste Fremon


Impassioned non-fiction-writer, novelist, naturalist Peter Matthiessen
died on Saturday at 86 of leukemia.

For those of you unfamiliar with the man, or his work, a few facts:

Called a “shaman of literature,” Matthiessen has written 33 books, most of which were greeted with some kind of acclaim or other. He is, however, best known for such books as his cultural critique/thriller novel set in the Amazonian jungle, At Play in the Fields of the Lord, and his account of a stone-age culture, Under the Mountain Wall, which Truman Capote would credit with influencing his conception of his “nonfiction novel” In Cold Blood. Matthiessen’s meditational account of a 250-mile trek across the Himalayas, The Snow Leopard,” was his biggest seller, and his 900-plus-page novel Shadow Country, took 30-years of rewriting before he felt he’d gotten it right.

His nonfiction account of the rise of the American Indian Movement, In the Spirit of Crazy Horse, got him sued by an FBI agent and the former governor of North Dakota for libel, and caused the book to be yanked entirely from sale for nine years. Finally, after three different courts told both plaintiffs to pound sand, and the U.S. Supreme Court refused to hear the matter on appeal, the paperback edition of the book was, at last, published in 1992.

Matthiessen co-founded one of the most famous literary magazine’s in historyThe Paris Review—as a cover for his brief career as an undercover agent for the CIA. (His politics swung to the left shortly after that.)

After winning two National Book Awards for the same nonfiction book, the The Snow Leopard, he won the award again a few years later, this time in fiction for Shadow Country. And, yes, he is the only writer ever to have pulled off such a triple play.

(Oh, yeah, and his novel At Play in the Fields of the Lord was a finalist for the award.)

Readers often credit his books with having changed their lives. (I would fall into that category.)

A generation or two of naturalist writers were clearly influenced by his writing.

His final novel, In Paradise, which he told interviewers would probably be his last word, will be published on Tuesday.

If you want to know more, the LAT’s David Ulin has written a lovely appreciation.

And here’s a bit of Matthiessen in his own words.

Of all African animals, the elephant is the most difficult for man to live with, yet its passing – if this must come – seems the most tragic of all. I can watch elephants (and elephants alone) for hours at a time, for sooner or later the elephant will do something very strange such as mow grass with its toenails or draw the tusks from the rotted carcass of another elephant and carry them off into the bush. There is mystery behind that masked gray visage, and ancient life force, delicate and mighty, awesome and enchanted, commanding the silence ordinarily reserved for mountain peaks, great fires, and the sea.”

― Peter Matthiessen, The Tree Where Man Was Born

The search may begin with a restless feeling, as if one were being watched. One turns in all directions and sees nothing. Yet one sees that there is a source fro this deep restlessness; and the path that leads there is not a path to a strange place, but the path home … The journey is hard, for the secret place where we have always been is so overgrown with thorns and thickets of “ideas”, of fears and defenses, prejudices and repressions. The holy grail is what Zen Buddhists call our own “true nature”; each man is his own savior after all.

Peter Matthiessen, The Snow Leopard

When we are mired in the relative world, never lifting our gaze to the mystery, our life is stunted, incomplete; we are filled with yearning for that paradise that is lost when, as young children, we replace it with words and ideas and abstractions – such as merit, such as past, present, and future – our direct, spontaneous experience of the thing itself, in the beauty and precision of this present moment.

― Peter Matthiessen


Photo by Linda Gavin/Courtesy of Riverhead Books

Posted in American artists, American voices, Life in general, literature, writers and writing | No Comments »

U.S. Attorney André Birotte Tapped by Obama to be Fed. Judge—& Why This is Cheering News

April 4th, 2014 by Celeste Fremon


U.S. ATTORNEY ANDRE BIROTTE NOMINATED BY POTUS TO BECOME FEDERAL JUDGE

On Thursday afternoon the news came down that LA’s own U.S. Attorney André Birotte had been nominated by President Barak Obama for the federal bench.

Actually Obama announced the nomination of two new federal judges, one for the DC area, and one as Judge of the United States District Court for the Central District of California—namely Birotte. Both nominations are subject to confirmation by the Senate.

For a while I’d been hearing whispers that André Birotte was being vetted for the position. It is very good news that the whispers have proved true.

He has, to paraphrase author Tom Wolfe, the right stuff for the job.

Since 2010, Birotte has served as the United States Attorney for the Central District of California, meaning he’s the U.S. Attorney for the district that covers seven counties, including Los Angeles, making it the second largest—and arguably the most complicated—in the nation.

In the years that Birotte has been U.S. Attorney, in addition to the usual kind of crime fighting—gang busts, cybercrime, fraud, civil rights violations, bigtime drug dealing, and the like—Birotte’s office has also engaged in the ticklish business of arresting elected officials, as in the investigation and arrest of Democratic state senator Ron Calderon of Montebello who was charged with a list of corruption allegations, including accepting $100,000 in bribes.

And of course, it is Birotte’s office that oversees the still expanding investigation of the Los Angeles Sheriff’s Department, that has thus far resulted in the indictment of 20 department members—with more indictments almost certain to come. It is an investigation that has repeatedly made national news, draws intense attention from local elected officials (among others), and has the potential to be of far greater consequence than we have yet seen. Already it may have had a hand in the precipitous retirement of a sitting sheriff.

It is interestingly fateful that Birotte should have been at the helm during this investigation, as his experience with law enforcement is many times deeper than that of most prosecutors.

Prior to his appointment by Barack Obama to the position of U.S. Attorney, from 2003 to 2010, Birotte served as inspector general for the Los Angeles Police Commission, the civilian panel that oversees the LAPD.

As inspector general, even though he had no legal power over the LAPD’S actions, he was—according LAPD observers I spoke with at the time—”one of the unsung heros” who had a real effect in helping to turn around and revitalize what had become an extremely troubled department.

As the IG, Birotte had a reputation as a principled man, a nuanced thinker, and a straight shooter when it came to matters of the law, a reputation that expanded once he made the jump to U.S. Attorney.

I remember a conversation I had with Birotte a few months after he’d been sworn in to the position. We talked first about the various challenges he would face in his new position. Then the conversation turned to the idea of justice itself. I remember saying something about how prosecutors seem to have more power than ever and that, so often—both on a local and a federal level—it sometimes seemed that the goal was to win as big as possible, but not necessarily to seek justice—especially when winning and justice are in conflict.

“Its funny you should bring that up,” he said, “I’ve just been telling my staff that this is going to be a justice-driven office. Firm but fair. But more than anything, justice-driven. It’s not just about winning.”

The discussion didn’t stop there. But you get the gist.

It was a message that he has repeatedly emphasized by a “Community Outreach Team” he created within his office to “reach out to those communities within the district most impacted by threats to their civil rights,” and in his own public statements.

For instance, there is this Op Ed that Birotte wrote as the 10th annerversary of 9/11 approached, about the necessity of safeguarding our civil liberties as we protect our national security.

And more recently, Birotte said this to the LA Times Patt Morrison:

“I tell prosecutors here, you come into this job with what I call a reservoir of justice. Your job is to make sure that reservoir is always full. The only way to do that is doing the right thing, the right way, all the time.”

This is not to suggest that Birotte is any kind of soft touch. The other message he has repeatedly stressed at press conferences is that no one is above the law. They “believed they were above the law,” he said of LA County deputies who are charged with gross violations of the civil rights of jail inmates, or those visiting friends and family members in the jails. “The message this case sends is that no one…is either above or outside the law. And that is a message that we are proud to send,” he will state when announcing this or that arrest or conviction.

Both principles are represented by the fact that Birotte reinstalled a public corruption and civil rights unit that had been disbanded by his predecessor.

Sen. Dianne Feinstein who recommended Birotte for the U.S. Attorney position and for Thursday’s nomination to the federal bench, put out a statement praising the president’s selection of Birotte:

“I have been very impressed with his performance over the last four years. He has a record of excellence and fairness. I am confident he will serve the people of the Central District very well as a U.S. district judge.”

The rest of his career that has led to the Thursday’s nomination, has also included a stint as a federal prosecutor (Assistant United States Attorney, 1995 to 1999), time as an LA County Deputy Public Defender (1991 -1995), and a couple of years in private practice with Quinn Emanuel Urquhart Oliver & Hedges LLP. Birotte received his J.D. in 1991 from Pepperdine University School of Law and his B.S. in 1987 from Tufts University.

Once confirmed by the U.S. Senate, Birotte will replace Clinton-appointed Judge Gary Allen Feess, who is retiring.

Of course, with Birotte leaving (although the confirmation process is likely to take time in the fractious Senate) there is the question of who will replace him as U.S. Atty., and if the change in leadership will in any way affect the investigation of the Los Angeles Sheriff’s Department.

But we’ll explore all that later. For now we’re merely happy for André Birotte’s good news.

Posted in Courts, FBI, LASD, U.S. Attorney | 11 Comments »

LA Foster Girls Get Ready for Prom with Help from Glamour Gowns, California Leasing More Private Prison Space, Enforcing PREA, and Children of Re-entry

April 3rd, 2014 by Taylor Walker

CASA’S GLAMOUR GOWNS GIVES LOS ANGELES GIRLS IN FOSTER CARE THE FULL PROM TREATMENT

Glamour Gowns, an event organized by Court Appointed Special Advocates (CASA) Los Angeles, pulls out all the stops to help girls in foster care get ready for prom. The girls get to “shop” for a brand new prom dress, shoes and accessories—all brand name items donated by sponsors—for the big night. They are assigned their own personal shopper, a seamstress to tailer their dress, and industry professionals to do their hair and makeup.

For 10 years, CASA has used Glamour Gowns as a way to help foster kids feel important, and to give them a special prom experience that might not have been possible otherwise. So far, Glamour Gowns has provided over 5000 dresses to teenage girls in foster care, and are aiming for 500 more in 2014.

Neon Tommy’s Janelle Cabuco has more on the event. Here are some clips:

Each year, organizers and volunteers aim to make each participant feel like a princess as they go through the dress selection process.

“We are really giving girls in foster care the gift of the prom experience, which is a rite of passage in American culture,” said Dilys Tosteson Garcia, the executive director of CASA Los Angeles. “They get to remember that they are beautiful, that they look beautiful, that we value them, and that the world values them.”

When this event first started, Glamour Gowns provided girls with gently-used garments, but with the help of partners – such as David’s Bridal, Jenette Bras, and Chinese Laundry, to name a few – everything that is now provided is brand new.

“All the dresses, jewelry, makeup, shoes and handbags are donated by sponsors,” said Garcia.

“We have folks from the hair and makeup arena who donate their time to be here today to help the girls come up with a makeup scheme that works with their look. We also have seamstresses that volunteer to do the alterations so when the girls walk out today their dress is ready to go.”

Glamour Gowns started in a conference room as a pretty small event. Once it outgrew the conference room, it moved to a children’s court cafeteria, and then moved into community churches. In more recent years, Glamour Gowns has held their yearly event at the Los Angeles Convention Center, where they have been provided a space free of charge. Since their costs are minimal, those who work with Glamour Gowns are able to help hundreds of girls rather than just a few dozen.

[SNIP]

In the last decade, Glamour Gowns has provided more than 5,000 dresses to young women in the foster care system. Last year, Glamour Gowns helped about 300 girls find outfits for their prom; this year, volunteers expected to help over 500 girls create lasting memories.


ANOTHER CALIFORNIA FOR-PROFIT PRISON DEAL

On Tuesday, the California Department of Corrections and Rehabilitation signed an agreement lease more private prison space through GEO Group, to the tune of $9 million a year for 260 women (with options to expand). The McFarland Community Reentry Facility is located north of Bakersfield, and will begin housing the female inmates by this fall.

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

The four-year contract for the McFarland Community Reentry Facility will house women serving the final portion of their prison terms. The Florida-based prison operator said in a statement to investors Tuesday that it expects to begin accepting inmates by this fall, and that the contract allows occupancy to be doubled within the year. GEO already has contracts to house 2,000 male prisoners in McFarland and Adelanto.

One out of 10 California inmates is serving time in a leased or private prison as the state grapples with federal court orders to reduce crowding in its own institutions. Women’s prisons are the most cramped: The Central California Women’s Facility at Chowchilla is listed at 182% capacity in last week’s state prison census report, with 1,600 prisoners more than it was intended to hold.

In a report to the Legislature on Tuesday, Gov. Jerry Brown’s administration said it was 500 inmates over judges’ interim goal of reducing crowding statewide by June to 143%. The administration has yet to roll out elderly and expanded medical parole programs the judges had also ordered to ease crowding.

(In the above Public Policy Institute of California video, Joe Hayes, a PPIC research associate, provides a quick status update on the state corrections system—incarceration rates, realignment, etc.)


STATES COMING INTO COMPLIANCE (OR NOT) WITH THE PRISON RAPE ELIMINATION ACT, AND WHY IT MATTERS

In 2003, a federal law called the Prison Rape Elimination Act (PREA), was passed. It took a commission almost ten years to decide (and agree upon) a set of “zero-tolerance” standards to eliminate rape in state and federal prisons. Now, the DOJ is enforcing compliance.

If the states don’t pass an audit, or choose to forego it (looking at you, Texas), they will forfeit 5% of their federal prison funding. But even more important than the funding, is if a sexually abused inmate brings a lawsuit against a state, non-compliance with PREA may be viewed as deliberate indifference.

NPR’s Laura Sullivan has more on the complications of implementation, and how states are responding. for All Things Considered. Here’s a clip from the accompanying piece (but do go listen to the short segment):

All states have to put the new standards into place, including things like training staff to stop sexual assaults and report them properly, and providing victims with rape kits and counseling. Then states have to pass an audit. If they don’t pass, or don’t want to go through the audit, they will lose 5 percent of their federal prison grant funding.

“What we are hearing from the field is, this is challenging, it’s difficult to put this policy into action. But it is absolutely the right thing to do,” Leary says.

This 5 percent of grant funding isn’t much for many states. Recently, Texas Gov. Rick Perry said his state will not adopt the standards, calling them “ill-conceived.” Most other states seem to be getting on board, though.

Experts say the real power of the law is in liability. If an inmate is raped repeatedly in a facility in a state that has refused to adopt national standards, that could look an awful lot like deliberate indifference to a jury in a civil lawsuit.

Plus, there appears to be a problem. At least 4 percent of adult inmates reported being victimized in 2012, according to the Justice Department. In juvenile facilities, one in 10 kids reported being raped, sexually assaulted or victimized in the preceding year — and 80 percent of those kids said they were victimized by staff.

“The audit process is an audit of your culture,” says Steven Jett, who runs the Southwest Idaho Juvenile Detention Center. “It’s not a policy audit.”

Last month the Detention Center became the first facility in the country to pass a PREA audit.

“I could have said, ‘We don’t need it here. We don’t have any incidents like that.’ I could have taken that attitude,” Jett says. “But it is best practices that we don’t let our inmates or our residents in our facilities be abused sexually or any other way.”


SIDE-EFFECTS OF PRISON AND RE-ENTRY ON KIDS WITH LOCKED-UP PARENTS

Over the last two years New American Media has offered a glimpse into the lives of kids and adults with incarcerated parents through a series of videos called “Children of Re-entry.”

Senator Mark Leno (D-San Francisco) held a forum in March to examine how the criminal justice system affects the families of California’s incarcerated, especially their kids—these “Children of Re-entry.” Leno’s forum was sponsored by the California Homeless Youth Project of the California Research Bureau and the California Council on Youth Relations (a project of New America Media).

Here’s a clip from New American Media’s Anna Challet’s reporting on Sen. Leno’s forum:

On March 5, Senator Mark Leno convened a discussion on the impacts of post-incarceration release on children and families. The event, “Children of Re-entry: A Media Showcase & Policy Forum,” was sponsored by the California Homeless Youth Project, California Research Bureau, California Council on Youth Relations and New America Media. Nationwide, over 2 million children have a parent in prison or jail, and over 7 million have a parent on parole or probation.

Leno cited Attorney General Eric Holder’s work at the national level to end mandatory minimum sentencing for low-level drug offenders. Law enforcement leaders who have been tough on crime, he said, are now realizing that the funding going to excessive incarceration is not money well spent, especially without reentry services that prevent recidivism.

In California, it costs about $50,000 a year to incarcerate one inmate. And in addition to state spending, advocates made clear that children have had to pay a huge price.

Nell Bernstein of the San Francisco Children of Incarcerated Parents Partnership said, “If we collectively don’t take responsibility … in whether or not we prepare people for reentry and in what barriers we do or don’t place in front of them … it falls to the kids.”

She points to “post-prison punishments,” such as laws that prohibit people with drug convictions from accessing public housing.

Leno agrees. “We scratch our heads and wonder [why we have] a 65 percent recidivism rate when we’re setting people up for an obvious opportunity to fail,” he said.

Bernstein says that the key variable is whether or not those released have family support. “The single greatest predictor of successful reentry is an ongoing connection with one’s family during incarceration,” she said. “If we do start supporting family connections, we’ll see success on a system level and on a family level.”

This story is from late last month, but we didn’t want you to miss New American Media’s “Children of Re-entry” series (we’ll be keeping an eye on it in the future).

Posted in CDCR, Foster Care, prison, Reentry | No Comments »

WitnessLA on “Which Way LA?” Wednesday Night Talking Union Big Bucks Power Plays….& More

April 2nd, 2014 by Celeste Fremon

I’m on Which Way LA? with Warren Olney Wednesday night at about 7 pm on KCRW FM.

If you didn’t listen in real time you can click on the podcast here. It’s a five minute or so segment about the fight for power going on at the LA County Sheriff deputies’ union, ALADS. As we mentioned below, it’s a very high stakes game that could materially affect the race for sheriff, since ALADS has $2.5 million in campaign PAC money, a million or more of which could be thrown behind one candidate for sheriff in the primary election.

In a seven person race, that much money could—and likely would—change the outcome.



AND…IF YOU’D LIKE TO SEE AN INTRIGUING NEW PLAY FOR A GOOD CAUSE TRY: PLACAS, THE MOST DANGEROUS TATTOO

Thursday through Sunday, April 3-6 you can see a promising new play, Placas, the Most Dangerous Tattoo, by Paul S. Flores, starring Ric Salinas of Culture Clash and inspired by events in the life of Alex Sanchez, founder of Homies Unidos.

If you attend on Thursday night April 3, the performance will in fact benefit Homies Unidos.

On Saturday, there’ll be a pre-performance conversation with Father Greg Boyle and Alex Sanchez.

Here’s where you can find out more.

Posted in 2014 election, LASD, Paul Tanaka, unions | 10 Comments »

Opposing Factions in LASD Deputy Union Mud Wrestle for Power with Big $$$ at Stake

April 2nd, 2014 by Celeste Fremon


ALADS—THE LASD DEPUTY UNION—IS IN THE MIDST OF A HUGE TUG OF WAR WITH THE FATE OF $2.5 MILLION IN CAMPAIGN PAC MONEY AT STAKE

Two factions on the board of directors of the large, wealthy and powerful LASD Deputies union—ALADS (Assn. for Los Angeles Deputy Sheriffs )—are at war with each other for control of the union.

One of the things at issue in the tug of war for control of the 7200 member organization, is oversight of the reportedly more than $2.5 million in campaign PAC money that could be parcelled out with significant effect to a candidate or candidates in the upcoming races for LA County Supervisor and for Sheriff.

Most watching the melee believe that it is the selection of the sheriff of Los Angeles County that that could be materially affected by who comes out on top.

It is after all the board of the directors that has the last word on where the treasure chest of PAC money goes.

In other words, this little internecine struggle is potentially a very high stakes game.

In one of the skirmishes last week, one faction claiming to represent the union filed suit against two members of the opposing faction for alleged “abuse of fiduciary responsibility” and for the “misappropriation” of $100,000 of ALADS funds.

The two who were being sued, responded by having one of their attorneys send a letter on ALADS letterhead to the Bureau of Labor and Compliance of the Los Angeles County Sheriff’s Department, maintaining that their faction had legal control of the organization, and that it was the lawsuit-weilding group that had illegally grabbed union funds to hire its lawyers.

Are you confused yet?

Okay, let’s back up a bit.


THE BACK STORY—-OR AT LEAST SOME OF IT

You may remember that when we last visited the bizarre warren of high drama and bad behavior that the ALADS board has become, the two factions were just beginning to wrestle for power.

One faction is led by the current board president Armando Macias— who, as it happens, is reportedly not legally able to serve as board president, according the ALADs bylaws.

It seems that Macias did not attend enough of certain meetings that he was required to attend to hold office, so was removed from his position as president by the other group last month. But he declined to make a graceful exit, and instead has hired a lawyer—or possibly several lawyers—to support his legitimacy.

He is joined in his quest by legally elected Vice President Bruce Nance—plus two others.

The second faction—namely the one opposing Macias—appears to be led by the former board president, Floyd Hayhurst, who is also legally hampered since he has retired and thus is no longer a county employee. This means, although he may serve on the board, he may not vote. Hayhurst is reported to be voting anyway.

In other words, neither of these factions seems to have a firm grip on the legal high ground.

Nevertheless, most of the rest of the seven-member ALADS board has lined up behind one or the other of the combatants— Macias or Hayhurst—-with much bitter squabbling and legal postering the result.

To add to the mix, Hayhurst (the former ALADS Prez) appears to be angling to be appointed by the board as executive director of the organization, a powerful position which, at the moment, is vacant—-and which also might conceivably give him access to the sought after ALADS PAC money.

Hayhurst is reported to be a longtime supporter of former undersheriff Paul Tanaka, who is running for sheriff, and who has been actively angling for union PAC money for a long time (as we wrote about here)

It is not clear whom Macias supports (rumors abound on that matter), although VP Bruce Nance has declared himself to be opposed to Tanaka’s candidacy.

It’s important to note that, although last month, the union’s political committee chose not endorse or to give any money to candidates for sheriff until after the primary (as we reported here), the board of directors has the power to override that decision.


LAWSUIT FILED AGAINST UNION PREZ & VICE PREZ FOR ALLEGEDLY SNATCHING $100K IN UNION FUNDS TO HIRE LAWYER (OR LAWYERS)

To bring you up to date, according to the lawsuit, (which you’ll find attached below), ousted board president Macias, and board VP Nance, requested, but originally were blocked from acquiring, $100,000 in board funds to pay the attorney that they have hired to get Macias reinstated as president, which frankly sounds like a losing battle.

The two insist that they have the authorization to request and receive the funds as they are acting in the board’s interest. Since approximately 50 percent of the voting board (Hayhurst’s group) seems to think otherwise, this seems like a questionable legal position.

Of course, it’s no more questionable than Hayhurst and Company filing a lawsuit against Macias and Nance, and claiming they are doing so in behalf of all of ALADS (and reportedly using ALADS funds to pay their lawyers).

Not to be outdone, when Macias and Nance could not get anyone to write them a $100,000 check out of the union’s general fund, despite much reported hectoring and pestering, they managed to snatch the $100K out of the union’s campaign fund—namely the very same PAC money that one or more sheriff’s candidates would like to get their personal mitts on.

As we mentioned before, the matter of a sheriff’s candidate receiving some of the campaign bucks is thought to be the point of this power struggle.

(For more on the lawsuit, I recommend that you read the complaint itself, starting about midway on Page 3 to the top of Page 12.)

Here’s the complaint: ALADS Lawsuit 4-27-2014

And for more of the Macias/Nance perspective, read the letter from Macias’ attorney Steve Ipsen (a former LA prosecutor who now presents himself as “general counsel” for ALADS), which you may find here: Dept. of Labor Letter

Did I mention that each of these factions now has competing ALADS websites?

Here’s the Macias & Co. website.

And here’s the Hayhurst group’s site.

Members of the ALADS rank and file with whom we spoke seemed generally dismayed with all the squabbling. “With these clowns fighting, we all lose,” said one LASD deputy.

Law enforcement experts outside the organization suggest that the ALADS struggle is yet another symptom of the problems in the sheriff’s department that continue to emerge.

“To be honest, I think it’s one more thing shows the depth of dysfunction,” said one non-LASD law enforcement source. “It’s sad because it hurts all the good deputies who are just trying to do their jobs.”

Posted in 2014 election, LASD, Paul Tanaka, unions | 51 Comments »

Saving Kilpatrick, LA County to Request More $$ for Foster Kids’ Lawyers, Stop-and-Frisk, Sheriff’s Dept. Values…and More

April 2nd, 2014 by Taylor Walker

MORE ON THE CAMP KILPATRICK SPORTS CAMP STORY

Late last month, WLA posted a three-part story about LA County Probation’s Kilpatrick sports camp for locked-up kids (here, here, and here).

When it became clear that the scheduled demolition and renovation of the physical camp did not include space for the popular sports program, advocates, parents, and coaches rallied to save the camp. A study was ordered to measure the effectiveness of the program. Two years later, the study has come in and found that the sports program does indeed measurably help kids in a multiplicity of ways.

Now, Probation Chief Jerry Powers has come up with a plan to save the program and relaunch it for the fall 2014 sports season at the Challenger Memorial Youth Center camp in the Antelope Valley.

In the course of the study, researchers interviewed former Kilpatrick kids on various aspects of the program, including what they liked about it, and areas they thought could use improvement. The LA Times’ Sandy Banks takes a fresh look at the study, and includes quotes from the kids’ interviews. Here’s a clip:

The sports study — which looked at Los Angeles County probation records for hundreds of youths — offers a troubling snapshot of young lives.

Many of the boys had gang associations. Most came from unstable homes or were in foster care. Nine in 10 had substance abuse issues; almost as many had mental health problems. Almost all were failing, acting out or not showing up for school. Two-thirds had been in trouble with the law before. Their most recent offenses included robberies, assaults and weapons violations.

The study was not able to prove that the athletes did better in the long term than youths who were not on the teams. But there was a clear improvement in school attendance and performance. However when it came to returning to crime, or recidivism, the athletes did better only for the first six months of freedom.

“Clearly, there’s a positive impact,” said Cal State L.A. professor Denise Herz, the research team leader. “But the key is, they go back into the same environment… without much support.”

The interviews with former athletes described lives of constant upheaval, and explained how the sports teams filled gaps in their upbringing.

There was discipline there, where there was no discipline at home. The coaches… they worked with us, they tried to keep us motivated, I mean I still call them to this day.

To have that male figure around you that can give you a man’s perspective, and to hear a man’s voice. You know what I’m saying? It’s priceless.

Does the Kilpatrick sports model inoculate young men against the lure of the streets? Certainly not. But it can clear vision muddied by history and teach important life skills.

Probation department officials recognize that. Last week, they announced that the sports program won’t be disbanded but will move to the Challenger Memorial Youth Center camp in the Antelope Valley. Teams will resume play in their California Interscholastic Federation league this fall.

Go read the rest.


LA COUNTY SUPES TO LOBBY SACRAMENTO FOR EXTRA FUNDING FOR OVERBURDENED LAWYERS REPRESENTING FOSTER KIDS

On Tuesday, the LA County Board of Supervisors unanimously voted to lobby the state capital to allocate an extra $33.1 million in funding for lawyers appointed to foster children across California.

In LA County, these lawyers, like social workers, are spread far too thin, and are responsible for nearly twice the maximum number of cases recommended by the Judicial Council of California.

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

With about 30,000 children in the foster care system in Los Angeles, each attorney is responsible for an average of 308 cases, said Leslie Heimov, executive director of the nonprofit Children’s Law Center, which provides attorneys to all foster kids in L.A. and Sacramento counties.

That’s nearly double the maximum caseload of 188 per attorney recommended by the Judicial Council of California. The optimal caseload would be 77 children per attorney.

“It’s huge, more than ‘a lot,’ if you look at the recommendations from various entities,” Heimov said.

She said the sky-high caseloads are a result of budgets not keeping up with growing numbers of children in foster care.

The numbers make it difficult for attorneys to advocate for the best interests of the children, she said, and turnover among attorneys has increased.

“Attorneys don’t have any time to do anything but the absolute bare minimum, instead of the maximum, and that’s not how any of us want to practice,” Heimov said. “So it also has a significant impact on burnout.”

Judge Michael Nash, the presiding judge of LA county’s juvenile court, says that the money will help, but it’s not enough:

The only long term solution, in Nash’s opinion, is reducing the number of kids in the foster care system.

“More of these cases could be resolved effectively outside of the court system,” Nash said. “The courts should not be the first resort for these issues.”


A FATHER’S TAKE ON STOP-AND-FRISK

In a compelling piece for the Atlantic, Christopher E. Smith (a criminal justice professor at Michigan State), a white man with a black son and in-laws, tells of the impact of stop-and-frisk on his family members of color, and of the constant state of fear he lives in for the safety of his son. Here’s how it opens:

When I heard that my 21-year-old son, a student at Harvard, had been stopped by New York City police on more than one occasion during the brief summer he spent as a Wall Street intern, I was angry. On one occasion, while wearing his best business suit, he was forced to lie face-down on a filthy sidewalk because—well, let’s be honest about it, because of the color of his skin. As an attorney and a college professor who teaches criminal justice classes, I knew that his constitutional rights had been violated. As a parent, I feared for his safety at the hands of the police—a fear that I feel every single day, whether he is in New York or elsewhere.

Moreover, as the white father of an African-American son, I am keenly aware that I never face the suspicion and indignities that my son continuously confronts. In fact, all of the men among my African-American in-laws—and I literally mean every single one of them—can tell multiple stories of unjustified investigatory police stops of the sort that not a single one of my white male relatives has ever experienced.

In The Atlantic’s April feature story “Is Stop-and-Frisk Worth It?” author Daniel Bergner cited Professor Frank Zimring’s notion that stop-and-frisk is “a special tax on minority males.” I cannot endorse the conclusion that this “special tax” actually helps make communities safer. As indicated by the competing perspectives in Atlantic essays by Donald Braman and Paul Larkin, scholars disagree on whether crime rate data actually substantiate the claims of stop-and-frisk advocates. Either way, I do believe that the concept of a “special tax” deserves closer examination.

Proponents of stop-and-frisk often suggest that the hardships suffered by young men of color might be tolerable if officers were trained to be polite rather than aggressive and authoritarian. We need to remember, however, that we are talking about imposing an additional burden on a demographic that already experiences a set of alienating “taxes” not shared by the rest of society.

I can tell myriad stories about the ways my son is treated with suspicion and negative presumptions in nearly every arena of his life. I can describe the terrorized look on his face when, as a 7-year-old trying to learn how to ride a bicycle on the sidewalk in front of our suburban house, he was followed at 2-miles-per-hour from a few feet away by a police patrol car—a car that sped away when I came out of the front door to see what was going on. I can tell stories of teachers, coaches, and employers who have forced my son to overcome a presumption that he will cause behavior problems or that he lacks intellectual capability. I can tell you about U.S. Customs officials inexplicably ordering both of us to exit our vehicle and enter a building at the Canadian border crossing so that a team of officers could search our car without our watching—an event that never occurs when I am driving back from Canada by myself.

If I hadn’t witnessed all this so closely, I never would have fully recognized the extent of the indignities African-American boys and men face. Moreover, as indicated by research recently published in the American Journal of Preventive Medicine, the cumulative physical toll this treatment takes on African-American men can accelerate the aging process and cause early death. Thus, no “special tax” on this population can be understood without recognizing that it does not exist as a small, isolated element in people’s lives…

Read on.


THE IMPORTANCE OF AN OBSERVED SHERIFF’S DEPARTMENT VALUE SYSTEM

On Monday, we pointed to a lawsuit filed last week alleging sexual assault by an LASD deputy clique called the “Banditos,” and sheriff candidate James Hellmold’s prank call (in which he seemed to use a South Asian accent).

An LA Times editorial says that, in the wake of these controversial stories (and previous scandals), campaigning sheriff candidates should focus on their own value systems and how they plan to make sure their standards are followed by the rank and file. Here are some clips:

Each Los Angeles County sheriff’s deputy is supposed to carry a card at all times that sets forth the department’s core values, embodied in a single sentence pledging respect, integrity, wisdom and “the courage to stand against racism, sexism, anti-Semitism, homophobia and bigotry in all its forms.”

The card has been variously called inspirational and plain silly, but if it’s silly, its silliness lies not in the values expressed but in the notion that words on a card could, by themselves, imbue deputies with values that they do not already hold or that are not instilled in them in training and reinforced each day on the job.

News reports and anecdotal tales of inmate abuse, the hazing of new deputies and disrespect paid to the communities it is supposed to protect suggest that the department has a long way to go to make its core values more than words on a card.

[SNIP]

There is a danger that the departure of Sheriff Lee Baca under a cloud created by his own mismanagement could be taken by those vying to replace him as an invitation to throw out everything he brought with him — the good as well as the bad, the vision as well as the often-sloppy implementation, the values as well as the card.

The sheriff is one of only three officials elected countywide to represent 10 million people, and the only one with uniformed officers acting as ambassadors to every corner of the county. They will be emissaries either for a system of gang-like cliques and frat-like pranks or for a culture of dignity and respect…


AND IN LA TIMES-RELATED NEWS…

Robert Faturechi will no longer be covering the LASD for the LA Times. We will miss his fine and important reporting.

He has passed the torch to Cindy Chang, who previously covered immigration and ethnic culture. Welcome, Cindy!

Faturechi tweeted the news on Tuesday:

Robert Faturechi ‏@RobertFaturechi
there’s a new sheriff (reporter) in town. I’ll be helping out for a couple more weeks, but @cindychangLA is now covering LASD.

Posted in DCFS, Foster Care, juvenile justice, LA County Board of Supervisors, LASD, Probation, racial justice, Uncategorized | 2 Comments »

Class for Incarcerated Teen Dads, Status-Offending Girls and Trauma, and “Holistic” Indigent Defense

April 1st, 2014 by Taylor Walker

PROGRAM TEACHES PARENTING SKILLS TO TEEN FATHERS IN LOCK-UP

A prison class in California, called the “Baby Elmo Program,” teaches incarcerated teenage fathers how to be parents, and helps them build relationships with their young children, with help from Elmo videos. While still in the early stages, the program has been implemented in Sacramento, Fresno, Santa Barbara, San Bernardino, and Orange County, and program leaders held a conference in Los Angeles last week with corrections officials statewide.

KPCC’s Shirley Jahad has the story. Here’s a small clip:

Originally named “A Parenting Intervention for Incarcerated Teen Parents,” the program was later dubbed the “Baby Elmo Program” by its teenage participants, referring to the Sesame Street teaching tools it uses. According to the program’s manager, the key message they try to pass on to troubled young fathers is the importance of making personal contact with their children. “The only way you are going to develop a relationship with your child is not through abstract courses or a strict program,” said Ben Richeda, who runs the program. “It’s really going to be ‘I know the food my child likes. I know what makes him smile. I know makes her laugh when she comes in the room.’” Richeda says the goal is to teach the parenting skills in order to break the cycle of abuse and neglect that can lead to a path of delinquency.


INCREASE IN YOUNG GIRLS ARRESTED FOR STATUS OFFENSES: THE STORY BEHIND THE STATISTIC

Girls are more likely than boys to be arrested for status offenses (age-related crimes, like truancy, running away, violating curfew laws, or possessing alcohol or tobacco), and the numbers are on the rise, according to the Coalition for Juvenile Justice.

In an op-ed for Youth Today, Jeannette Pai-Espinosa, president of The National Crittenton Foundation, says the numbers are important, but don’t tell the whole story. She says that these status offenses that often earn a young girl a reputation as a “bad girl” are often coping mechanisms for underlying childhood trauma. And when these girls get thrown into the juvenile justice system for things like running away from a turbulent home, or self-medicating with alcohol, they are not receiving the help they need to become successful adults.

Here’s a clip:

According to the Coalition for Juvenile Justice’s issue brief, Girls, Status Offenses and The Need For A Less Punitive and More Empowering Approach, a disproportionate number of the status offenses petitioned in the courts every year are brought against girls. Between 1995 and 2009, the number of petitioned cases for curfew violations for girls grew by 23 percent vs. only 1 percent for boys. The number of petitioned cases for liquor law violations for girls grew by 41 percent vs. only 6 percent for boys.

Simply put, behaviors such as skipping school, running away, breaking curfew and possession or use of alcohol places girls at increased risk of entering the juvenile justice system. Girls entering the system because they are detained for a status offense often fall deeper into the system rather than getting the support they need to change their lives.

What the numbers fail to reveal is the story behind the statistics. As the president of The National Crittenton Foundation, I have had the great privilege to get to know many of the faces behind the data — girls and young women who were involved with Crittenton agencies because they were referred by juvenile justice or child welfare systems. While their stories are as diverse as they are, the most common shared narrative for the girls served by Crittenton agencies is that their early lives have been shaped for them by abuse, neglect, violence, addiction, family dysfunction and the betrayal of their trust by the very people whose job it was to love and protect them.

Victimization of girls typically precedes their involvement with the system. Up to 73 percent of the girls in the juvenile justice system have histories of physical and sexual violence. A study of 319 girls in the juvenile justice system in Florida found that 64 percent reported past abuse, including 37 percent reporting abuse by a parent; 55 percent reporting abuse by someone other than a parent; and 27 percent reporting both types of abuse.

[SNIP]

What the statistics also don’t tell us is how girls cope with the dangerous, damaging and traumatic circumstances in their lives. In fact, their “adaptive coping behaviors,” including running away from homes where violence is prevalent, self medication with drugs and alcohol, truancy and unruly behavior, are the very same behaviors that put them at risk of entering the juvenile justice system because they are detained for a status offence. In other words, we criminalize them for coping behaviors that are actually signs of strength and resiliency against the abuse and neglect they have experienced. What is the result? A system that fails to help the girls get the help they need to recover from the abuse and neglect they experienced long before they entered the system.

Pai-Espinosa also gives five ways to address the problem:

- Promote universal assessment for girls and boys involved in the juvenile justice system to better understand their exposure to violence, abuse and neglect.

- Advocate that girls in or at risk of entering the juvenile justice system receive gender-responsive, trauma-informed services to heal from the violence and abuse they have experienced.

- Push for the reauthorization of the Juvenile Justice Delinquency Prevention Act, with a focus on preventing detention for status offenses and the importance of gender responsive and trauma informed services

- Support HR 4123, Prohibiting the Detention of Youth for Status Offenses Act, introduced recently by Representative Tony Cardenas (D-Calif.) and

- Endorse and advance the important work of organizations like the Coalition for Juvenile Justice and the National Standards for the Care of Youth Charged with Status Offenses.

Over the weekend, the LA Times had an editorial in support of HR 4123. Here are some clips:

It is unjust to lock up minors for offenses that wouldn’t be offenses at all if the “perpetrators” were only a few years older. The practice is costly, and ineffective as well. Substantial research has shown that incarcerating teenagers for these non-criminal actions doesn’t deter them from committing the same offenses again once they’re released; quite the opposite. After being housed with true juvenile criminals, they are more likely to commit real offenses…

Legislation by Rep. Tony Cardenas (D-Los Angeles) would ban the incarceration of status offenders across the country, requiring states to find more useful ways of handling these cases. HR 4123 doesn’t eliminate penalties for status offenses, just the harsh discipline of lockup. Offenders could still be penalized in various ways, including required community service or Saturday classes to catch up in school. That, combined with counseling and other services for offenders and their families, would be fairer, more productive and almost certainly less expensive than having them do time.


MOVING TOWARD A MORE COMPREHENSIVE—”HOLISTIC”—INDIGENT DEFENSE APPROACH

“Holistic” indigent defense—in which a team of attorneys, social workers, and other advocates work together to provide much-needed services to defendants who can’t afford to hire a lawyer—is building momentum in the Bay Area. The approach aims to keep people from reoffending, and may help ease overcrowding in California prisons (although there’s not yet much data on the effectiveness of “holistic” defense against recidivism).

The San Jose Mercury News’ Tracey Kaplan has the story. Here’s a clip:

Born partly out of a conference in the late 1990s at Harvard’s Kennedy School of Government, holistic defense in its most elaborate form uses teams of criminal, civil and family defense lawyers, social workers, parent advocates, investigators and community organizers to address the needs — legal and otherwise — of defendants who can’t afford their own lawyers.

The idea is to keep people from coming back into the criminal justice system — thus save taxpayers money — by limiting the consequences that can arise from even a misdemeanor arrest, such as deportation and the breakup of families, loss of a job, revocation of an employment license or eviction from public housing.

“An arrest is never just an arrest — it can explode someone’s life,” said Robin Steinberg, founder of the Bronx Defenders, the nonprofit agency of public defenders leading the holistic defense movement. “Even when you get the not-guilty verdict, you don’t hug them and send them into the night. That’s when the work begins.”

From Rhode Island to Texas, and to Alameda, Contra Costa and San Francisco counties, the general principle has started to catch on, especially the notion of teaming social workers with lawyers.

However, some supporters say holistic defense faces a major obstacle — lack of funding for even basic services, and not just in poor parts of the country such as the South.

“Can the Bronx Defenders’ model be replicated across the country?” said Mark Stephens, chief public defender in Knoxville, Tenn., who attended the original Harvard conference. Though he supports holistic defense and has eight social workers on his staff, he said, “I don’t see it happening.”

Hard data is still scarce on whether the approach keeps people from reoffending. But some public defenders say California must innovate because a federal court order forcing it to reduce prison overcrowding prevents the system from merely locking people up.

Posted in gender, juvenile justice, prison, Public Defender, Reentry, Trauma | No Comments »

Banditos Sexual Harassment Lawsuit – The Suit Itself

March 31st, 2014 by Celeste Fremon


Several people asked to see the “Banditos” sexual harassment lawsuit
we mentioned in this morning’s post.

You can find it here: Lopez.Guadalupe-Complaint, etc. (filed 032514)

Guadalupe Lopez, the plaintiff, has declined to talk to anyone but her attorney, Greg Smith, is confident that her allegations are solid.

If he is correct, it would appear that quite a number of people would have observed or been aware of some part of what was reportedly going on in East LA station and with this group calling themselves the Banditos.

Let us hope that some of those folks come forward.

Posted in LASD | 34 Comments »

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