Sunday, August 2, 2015
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Blogs We Like

LA Connections

Points of Interest

The BlogFather

Meta

Daily Reports


How Do You Rate the Risk of Kid in a Troubled Family of Being Abused? This Woman Has an App for That….& More

July 23rd, 2015 by Celeste Fremon


Ruby Guillen is a social worker who has worked for LA’s Department of Children and Family Services
since 1995, and she cares enormously about the wellbeing of the thousands of kids with whom she’s come in contact.

Part of this has to do with the fact that she grew up in foster care herself.

Ruby is one of the people who drives to a child’s home to check things out after someone has called the DCFS hotline to warn that a child is being abused or neglected.

Ruby is also a hacker, a super geek, a code ninja. Now it seems she’s put her two passions together in a manner that relates directly to the brave new world of big data, risk modeling and analytics that many in the field see as the necessary next step in protecting children, while others are not so convinced.

Holden Slattery of the Chronicle of Social Change has Ruby’s story.

Here’s a clip:

…Since she started this job in 1995, Guillen has assessed the safety of 6,000 children in their homes, she estimates. She’s also encountered and responded to domestic violence, homicides, drug trafficking and sex trafficking.

“Everything that has to do with child welfare—I’ve done it all,” Guillen said in an interview.

Like all of the other case workers at DCFS, Guillen uses her knowledge and experience, along with the agency’s risk assessment tools and protocols, to decide how to keep children safe and improve their wellbeing—one child at a time.

Unlike many of her colleagues, Guillen has a passion for computer science and technology that she channels into creating mobile applications for child safety and wellbeing. Her aim is to use technology to start helping all the county’s vulnerable children, all at once.

Since she started this job in 1995, Guillen has assessed the safety of 6,000 children in their homes, she estimates. She’s also encountered and responded to domestic violence, homicides, drug trafficking and sex trafficking.

“Everything that has to do with child welfare—I’ve done it all,” Guillen said in an interview.

Like all of the other case workers at DCFS, Guillen uses her knowledge and experience, along with the agency’s risk assessment tools and protocols, to decide how to keep children safe and improve their wellbeing—one child at a time.

Unlike many of her colleagues, Guillen has a passion for computer science and technology that she channels into creating mobile applications for child safety and wellbeing. Her aim is to use technology to start helping all the county’s vulnerable children, all at once.

Guillen fell in love with technology when she joined the U.S. Air Force in the 1980s. While working full-time for DCFS, she decided to get a degree in computer information systems, and after graduating in 2010, she kept taking online programming classes.

This year Guillen led a team of fellow techies to victory in two hackathons hosted by Los Angeles Mayor Eric Garcetti. Hackathons are events in which computer programmers and others involved in software and hardware development collaborate intensively on projects.

At her first hackathon, in February, Guillen’s team created an app to prevent and report child sex trafficking. At her second hackathon, in June, they created an anti-bullying app.

Guillen has another app that she created for foster care placement, and she is now finishing up her work on a fourth app for assessing risk of child abuse or neglect.

This past Wednesday, the county’s recently formed Office of Child Protection met to discuss the uses and implications of big data and kids.

More on all that soon.


MORE ON JUDGE KOZINSKY’S ONGOING CAMPAIGN TO START HOLDING PROSECUTORS RESPONSIBLE FOR THEIR ACTIONS

We wrote in Monday’s California Justice Report newsletter (to which, if you haven’t yet subscribed, you are woefully missing out) about Judge Alex Kozinski’s new article in the Georgetown Law Journal, on reforming the criminal justice system.

But now Eugene Volokh at the Washington Post has been selectively serializing Kozinski’s paper. (Volokh clerked for Kozinski a couple of decades ago.) In any case, we thought you’d be interested in this particular chapter of the serialization in which Judge Kozinski takes aim at his latest favorite target of choice: prosecutors.

Naturally, Judge K also has recommendations about what we ought to be doing about the situation-–namely do away with judicial elections and then do away with absolute prosecutorial immunity.

It’s well written and wonderful stuff.

Here’s a clip, but do read thing whole thing:

On March 8, 2015, A.M. “Marty” Stroud III, a Shreveport lawyer and former state prosecutor, published a remarkable piece in the Shreveport Times reflecting on the case of Glenn Ford, who spent 30 years on death row after being convicted of murder and sentenced to death in 1984. Ford was released after the state disclosed evidence proving his innocence. Stroud offered a public apology for his conduct in the case. It is well worth reading in full, but here is the gist of it:

At the time this case was tried there was evidence that would have cleared Glenn Ford. The easy and convenient argument is that the prosecutors did not know of such evidence, thus they were absolved of any responsibility for the wrongful conviction.

I can take no comfort in such an argument …. Had I been more inquisitive, perhaps the evidence would have come to light years ago …. My mindset was wrong and blinded me to my purpose of seeking justice, rather than obtaining a conviction of a person who I believed to be guilty. I did not hide evidence, I simply did not seriously consider that sufficient information may have been out there that could have led to a different conclusion. And that omission is on me.

I did not question the unfairness of Mr. Ford having appointed counsel who had never tried a criminal jury case much less a capital one. It never concerned me that the defense had insufficient funds to hire experts ….

The jury was all white, Mr. Ford was African-American. Potential African-American jurors were struck with little thought about potential discrimination …. I also participated in placing before the jury dubious testimony from a forensic pathologist that the shooter had to be left handed …. All too late, I learned that the testimony was pure junk science at its evil worst.

In 1984, I was 33 years old. I was arrogant, judgmental, narcissistic and very full of myself. I was not as interested in justice as I was in winning. To borrow a phrase from Al Pacino in the movie “And Justice for All,” “Winning became everything.”

What is remarkable about Stroud’s statement is not that he gained a conviction and death sentence for a man that turned out to be innocent. Or that that man spent three decades caged like an animal. That kind of thing is all too common.

Nor is there anything unusual about the confluence of errors that led to the wrongful conviction — failure to uncover exculpatory evidence, inexperienced defense lawyers, race-based jury selection, junk science, and a judge who passively watched the parade and sat on his thumbs. The same goes for a prosecutorial attitude of God-like omniscience and unwillingness to entertain the possibility that the wrong man is being prosecuted. These things happen all the time in case, after case, after case.

What is unusual — unique really — is Stroud’s willingness to accept personal responsibility for the calamity he helped inflict on Glenn Ford and his family — his willingness to embrace this as his personal failure, not just an unfortunate failure of the system. Most prosecutorial attitudes run the gamut from “that’s why they put erasers on pencils” to “they must be guilty of something.” Everyone else in the system, starting with trial judges, absolves himself of personal responsibility when a heinous failure occurs. We could do with a lot less of that.

In a sense, however, the system is responsible because it places a great deal of power and responsibility in young, ambitious lawyers, like Stroud, who have every incentive to close their eyes to the possibility of innocence, to testilying by police, to bogus experts and to suggestive eyewitness identification procedures.

So, sign up for the CJR Newsletter. Now!


WHAT YOU MAY NOT HAVE NOTICED IN THE SANDRA BLAND VIDEO

Eli Hager, writing for the Marshall Project, noticed something at the end of the Sandra Bland arrest video that he found interesting. So we’re passing it along to you.

Posted in DCFS, Prosecutors | No Comments »

Incarcerated Kids 3 Times More Likely to Be Hospitalized for Mental Health Issues….New LASD Mental Heath Crisis Teams in Desert….Expanding Adelanto…and Sandra Bland

July 22nd, 2015 by Taylor Walker

LOCKED UP KIDS IN CA ARE FAR MORE LIKELY TO BE HOSPITALIZED FOR MENTAL HEALTH REASONS THAN NON-INCARCERATED KIDS

Kids in CA juvenile detention facilities were hospitalized for mental health issues way more often (and for longer) than their non-justice-system-involved peers over a period of 15 years, according to a new study from the Stanford University School of Medicine.

Stanford researchers analyzed data from nearly two million hospitalizations of kids and teens between 11-18 in California from 1997 to 2011. The findings surprised the study’s lead author, Dr. Arash Anoshiravani. A whopping 63% of juvenile detention hospitalizations were for mental health problems, compared with 19% for kids who were not locked-up.

“We know young people in the juvenile justice system have a disproportionate burden of mental illness,” said Anoshiravani, “But I was really surprised by the magnitude of the problem, because hospitalizations typically occur for very severe illness.”

Locked up patients were more likely to be older, boys, and black. And when you took boys out of the picture, detained girls’ hospitalizations were for mental illness 74% of the time.


LA COUNTY SHERIFF’S DEPT. LAUNCHES MENTAL EVALUATION UNITS IN SANTA CLARITA AND ANTELOPE VALLEY

The Los Angeles County Sheriff’s Department has launched three new, much-needed Mental Evaluation Units for Santa Clarita, Palmdale and Lancaster. The teams are comprised of sheriff’s deputies and a Dept. of Mental Health clinician. The LASD has such teams already in place in other parts of the county, and in the jails, but, until now, hasn’t been able to fund units for Santa Clarita and the Antelope Valley, which account for more than a third of mental health-related calls to the LASD.

LA Daily News’ Susan Abram has the story. Here’s a clip:

“We had been pushing for this for years, but we couldn’t get the funding,” said Lt. Carlos Marquez, who oversees the evaluation teams for the Sheriff’s Department. “When we got these three additional teams, the logical placement was in Santa Clarita, Palmdale and Lancaster,”

Of the 1,000 calls for service that have to do with mental health, a third come from the northern part of L.A. County, Marquez said.

Those people who require emergency psychiatric care will be taken to Olive View-UCLA Medical Center in Sylmar, one of three facilities countywide with emergency psychiatric beds, said Dr. Mark Ghaly, director of community health and integrated programs at the county Department of Health Services.

There are about 130 emergency psychiatric beds throughout the county — not nearly enough, Ghaly said, noting there may be some relief later this year.

In 2011, county officials opened a $10 million mental health urgent-care center in Sylmar, next to Olive View, for walk-in patients suffering from anxiety, depression, schizophrenia and a range of other issues.


SOCAL PRIVATE PRISON BECOMES LARGEST ADULT IMMIGRANT DETENTION FACILITY IN THE NATION

Rep. Judy Chu (D-Calif.), along with 28 other legislators, sent a letter last week, urging the US Justice Dept. and the Dept. of Homeland Security to stop expanding the Adelanto Detention Center, a privately run prison for immigrants in San Bernardino County.

Last month, Adelanto, which is run by the scandal-plagued GEO Group, became the largest detention facility in the country for adult immigrants. Before the expansion, Adelanto was a men’s only facility, but has added 260 beds for women, in addition to 380 more beds for men.

GEO Group, the second largest for-profit prison operator, is often accused of medical neglect and abuse. Immigration and Customs Enforcement (ICE) is beholden to a “lock-up quota”—a profit-boosting tactics penalize states for not filling prison beds—of 488 prisoners through May of 2016.

In an op-ed for The Hill, Christina Fialho, who is an attorney and co-founder of Community Initiatives for Visiting Immigrants in Confinement (CIVIC), urges the feds to stop ignoring the medical neglect by GEO Group, and to stop the expansion, and instead defund the detention center altogether. Here’s a clip:

The Congressional letter highlights Gerardo Corrales, a nineteen-year-old who is paralyzed from the waist down. Corrales suffered a urinary tract infection because GEO Group was unwilling to provide him with a sufficient number of catheters. Doctors at a nearby hospital not affiliated with GEO told Corrales that his infection could have been fatal. Earlier this month, Corrales launched his own campaign along with three other men detained at Adelanto calling for the release of all people from the facility. Chu’s letter includes a link to Corrales’ oral testimony.

My organization, Community Initiatives for Visiting Immigrants in Confinement (CIVIC), has been documenting medical neglect and other abuses at Adelanto since 2012 through the support of CIVIC volunteers who visit the facility weekly. Although U.S. Immigration and Customs Enforcement (ICE) tells us that people detained at Adelanto who request a medical visit are seen within 24 hours, the people in detention tell us otherwise. In fact, it is our understanding that sometimes it takes weeks for the men to see medical personnel, and they rarely meet with a doctor. The nurses often prescribe ibuprofen or “drink more water” for symptoms ranging from cataracts, to a slipped disk, to infections. One man was denied treatment for a serious hip infection because “it was too expensive,” according to a letter released in May by advocates. Unbelievably, nurses even deny sweaters to people detained at Adelanto who are cold.

Despite numerous complaints CIVIC has filed with DHS’s Office for Civil Rights and Civil Liberties and the Office of the Inspector General about the facility, ICE decided to expand the Adelanto Detention Center to detain 640 more people, including up to 260 women. Currently, the Adelanto Detention Center is imprisoning eight women, and local ICE personnel are hopeful that the expansion will allow them to detain transgender women at the facility as well. This is very troubling because these vulnerable populations require specialized healthcare services, and GEO Group has already proven that it is incapable of providing adequate care to the men in detention at Adelanto. Meanwhile, at GEO Group’s only other California-based immigration detention facility in Bakersfield, a pregnant woman tripped and miscarried last month after GEO shackled her in violation of federal guidelines.


RACISM IN THE TEXAS COUNTY WHERE SANDRA BLAND DIED MYSTERIOUSLY IN A JAIL CELL

Recently released jail video and dash cam arrest footage further complicate the mystery of how Sandra Bland, a black woman on a road trip to start a new job at Prairie View A&M University, ended up dead in a jail cell in Waller County.

The history of racial prejudice in Waller County does not prove anything—one way or the other—about Sandra Bland’s death. Yet, it should not be disregarded either.

The Atlantic’s David Graham has more on Sandra Bland’s death and racism in Waller County. Here’s a clip:

Statewide, stops and citations for black people in Texas are actually lower than their share of the overall population, and the same holds true for stops by the Waller County sheriff and police in the towns of Hempstead and Prairie View.

But this might be one of the few areas where there isn’t evidence of racially disparate outcomes in Waller County, a place with a grim history of discrimination and tension—“racism from the cradle to the grave,” as DeWayne Charleston, a former county judge, put it to The Guardian.

The history is especially painful because Waller County was for a time a beacon of black progress. During Reconstruction, an office of the Freedmen’s Bureau opened in the county seat of Hempstead, and federal troops—including, for a time, some commanded by George Custer—occupied to keep the peace. Not coincidentally, the Ku Klux Klan also set up shop. Nonetheless, Hempstead became a locus of black political activity and hosted the Republican Party’s statewide convention in 1875. In 1876, the predecessor of Prairie View A&M was established, and in the 1880 Census, the county was majority black.

But the last two decades of the century saw an influx of white immigrants from Eastern Europe, and that dilution of the black vote, along with the end of Reconstruction, reduced blacks to a minority and slashed their political power. After a 1903 law established “white primaries,” African Americans were effectively shut out of politics—such that in a county with some 8,000 black voters, only 144 Republican votes were cast in 1912, according to The Handbook of Texas. Waller County, as Leah Binkovitz notes, had among the highest numbers of lynchings in the state between 1877 and 1950, according to a comprehensive report by the Equal Justice Initiative.

This may seem like distant history, but it set something of a pattern for the county’s race relations through to the present—and as the events of the last year have made clear, a place’s history is often an effective predictor of how it treats its black residents, from St. Louis County to Cuyahoga County. In fact, the disenfranchisement of black voters in Waller County has continued to be a source of contention.

In 2004, students at Prairie View A&M fought and won a battle over their right to vote in the county…

Read on.

Posted in immigration, juvenile justice, LASD, mental health, race | 16 Comments »

LA Housing Authority Will Pay $2 Million for Antelope Valley Housing Discrimination…Bill to Limit Drugging of CA Foster Kids Won’t Fix the Problem

July 21st, 2015 by Taylor Walker

US DEPARTMENT OF JUSTICE COURT-ENFORCEABLE SETTLEMENT OVER RACIAL DISCRIMINATION MEANS LA HOUSING AUTHORITY WILL PAY $2 MILLION TO RESIDENTS

On Monday, the US Department of Justice announced a settlement with the Housing Authority of Los Angeles County (HACLA), as well as the cities of Lancaster and Palmdale, after a DOJ investigation into an alleged inter-agency pattern of housing discrimination.

In April, the DOJ agreed on a separate court-enforceable settlement with LA County to reform the Lancaster and Palmdale sheriff’s stations. The settlements follow two years after a 46-page “findings” letter from the DOJ detailing systemic discrimination against black (and to a lesser extent, Latino) Antelope Valley residents. The DOJ investigation found that officers from the LA County Sheriff’s Department’s Antelope Valley stations were conducting racially biased searches and seizures, using excessive force against people already in handcuffs, and harassing and intimidating Section 8 housing voucher holders along with the county Housing Authority with the intent to oust residents and push them into moving out of the area.

The county agreed to 150 reform requirements that the department must meet to fulfill the terms of the settlement, as well as paying $700,000 to compensate the Section 8 housing voucher holders whose rights had been violated—a far cry from the $12.5 million the Justice Department originally demanded of the county in 2013.

Through Monday’s settlement, HACLA will be forced to cough up $1,975,000 to compensate residents. And HACLA and the county each have to pay a $25,000 civil penalty to the United States. The Housing Authority is required to reform the way it enforces the housing voucher program, and will not be allowed to perform surprise compliance checks on residents. HACLA will also have to stop giving residents’ information to the sheriff’s department and Lancaster and Palmdale.

U.S. Attorney Eileen M. Decker of the Central District of California said the $2.6 million in damages and the court-enforceable reforms “will ensure [the racially discriminatory enforcement] does not recur.”


CHILDREN’S ADVOCATE SAYS THERE ARE BETTER WAYS TO FIX OVERDRUGGING OF FOSTER KIDS THAN CA BILL TO CREATE MORE COURT OVERSIGHT

A package of four reform bills addressing over-drugging in California foster care system is working its way through state legislature.

The main bill, SB 253, would put judges in charge of deciding when and how much doctors can prescribe psychotropic medications to foster kids, and would require second medical opinions for prescriptions to kids under five.

Patrick Gardner, founder of Young Minds Advocacy Project, says this bill is not the answer to the problem. Gardner argues that SB 253 will only waste time and resources, instead of getting at the root of the problem—kids’ quality of mental health care. Here’s a clip:

The problem is in its premise: that the medications are the problem. In fact, quality of care is the real challenge. Foster children who are overmedicated are getting inadequate mental health care. In an improved system of care, foster children would be offered individualized, intensive therapies that allow them to live at home whenever possible; provided interventions before crises happen; treated with effective evidence-based practices; and receive coordinated care consistent with their expressed needs and treatment goals.

By focusing on improving quality of care instead of limiting access to medication, S.B. 253 could be much improved. Mandating second opinions doesn’t directly improve health care practice. In most cases, nothing happens, except added time and costs, because the two doctors’ opinions will be the same. In cases where there’s a difference of opinion, the decision maker has more treatment options.

But, as the decision making judge has no mental health training, what you will get is a somewhat random decision on which of two proposed courses of action is “better.” Taking a quality-based approach can improve both individual interventions and the quality of mental health care overall.

Providing expert consultation to the initial prescriber (rather than a second opinion from the judge) can directly improve the quality of the assessment, diagnosis and/or prescribing, especially in cases where the prescriber is a general practitioner and the consultant is a child or adolescent psychiatrist. Systemic consulting can also improve overall care as doctors become better trained through expert mentoring. It’s been done in other states and it works.

Posted in Department of Justice, Foster Care, LASD | 5 Comments »

LASD Heroes Find Baby Allegedly Kidnapped by Pimp

July 21st, 2015 by Taylor Walker

LA SHERIFF’S DEPT. MEMBERS FIND AMBER ALERT BABY THROUGH INTER-BUREAU COLLABORATION & A TRAUMA-INFORMED INVESTIGATION

At 6:30a.m., this past Saturday, LA County sheriff’s deputies from the Lancaster station responded to a call that a woman had been kidnapped, sexually assaulted, and tortured near Lake LA in the hi-desert. The 40-year-old victim reportedly ran naked between 1-3 miles, and begged for help from residents in the first house she found.

When the deputies arrived on the scene, they were told that the suspect, an alleged pimp later ID’ed as 34-year-old Brandon Wynn, had also abducted the woman’s 13-month-old daughter. The woman, in an effort to protect her pimp (a symptom of what is called “trauma bonding”), gave the deputies false information about the suspect’s identity and his vehicle, that the officers then used in an Amber Alert.

The Sheriff’s Major Crimes Bureau – Metro Detail received crucial help from the department’s Human Exploitation and Trafficking Unit and the Special Victims Bureau to identify and understand the brutalized victim’s reasons for covering for her pimp.

In a press conference on Monday, LASD Major Crimes Captain Merrill Ladenheim described trauma bonding as an abuser’s isolation and manipulation of a vulnerable victim in order to control them, usually under the pretext of love or companionship. “Those bonds lead us to see, today, the lengths to which a victim will go to to protect her abuser.” said Captain Ladenheim.

Despite the false information, a confidential informant responded to the Amber Alert with valuable tips that helped investigating officers identify Wynn.

At 2:50p.m., patrolling deputies spotted Wynn and his car in Palmdale. During his arrest, Wynn told the officers of a shed where he had left the baby girl.

And by 3:00p.m., Sergeants Steven Owen and Gregory Kelly, and Deputy Daniel Gore, who raced to the identified location, found and rescued the 13-month-old, who had been left alone, strapped into a carseat, and was crying in the empty shed.

The baby has since been released from the Antelope Valley hospital where she was receiving treatment for dehydration, and is now safe and in the custody of the county’s Department of Children and Family Services, and “in good spirits.”

LA County’s historic rainy weekend likely kept the baby alive, until officers found her. If the Antelope Valley had been experiencing its usual triple digit weather, the baby would have almost certainly died in a hot shed.

The mother, described in the LASD press conference as “truly a victim in every facet,” had been severely beaten and was transported to Palmdale Regional Hospital, and will receive wrap-around services for victims of sex-trafficking through the Human Exploitation and Trafficking Unit.

Wynn and a 16-year-old boy who was with him were arrested on attempted murder charges.

“This case really showcases the impact of human trafficking within Los Angeles County,” Ladenheim continued. “And it’s really important to realize that many of these victims are children.”

According to the US Department of Justice the average victim is first trafficked between ages 12 and 14.

Ladenheim stressed the importance of having a “collaborative, victim-centered approach…led by a dedicated multi-jurisdictional force” of law enforcement agencies, social services, and community and faith-based groups.

Posted in children and adolescents, DCFS, Rape, Trauma | 1 Comment »

The Power of “The Cartel” – When Headlines Imitate Art….& Fiction Tells the Real Truth About the Drug Wars

July 20th, 2015 by Celeste Fremon


HEADLINES RIPPED FROM A NEW NOVEL (AND VICE VERSA)

After it was released on June 23, Southern California writer Don Winslow’s new novel The Cartel had already gathered a string of head-explodingly good reviews.

“A magnum opus . . .” wrote Janet Maslin in the New York Times. “Don Winslow is to the Mexican drug wars what James Ellroy is the L.A. Noir.”

“One of the best thriller writers on the planet. . . .” wrote Benjamin Percy for Esquire. “Winslow has written an epic, gritty south-of-the-border Godfather for our time.”

The rest of the reviews went on in that vein.

Yet all this critical enthusiasm did not put The Cartel on the best seller list. After all, what with its blood-drenched drug wars subject matter—it was not exactly the ideal upbeat beach read that vacationers were most likely to download to their iPads and Kindles.

Then on July 11, the news broke that the near mythic head of the Sinaloa Drug Cartel, Joaquin Guzmán, known as “El Chapo,” had escaped in an extravagantly dramatic fashion (and with lots of paid help) from Mexico’s most secure prison, Federal Social Readaptation Center No. 1—more commonly called Altiplano.

For those of us who’d read The Cartel, the story the made headlines around he world was unnervingly familiar. On pages 67 and 68 of the novel, to be exact, Adan Barrera, the fictional head of the Sinaloa drug cartel and one of the book’s primary characters, escapes from one of Mexico’s highest security prisons (with lots of paid help). In addition, Winslow had disclosed during post-publication interviews that he’d based the Barrera character on Guzmán.

As luck would have it, the collision of life and art did what all the stellar reviews had not yet accomplished. It put Winslow’s novel on the LA Times and NY Times best seller lists.

And now that more people are noticing the book, they seem also to be discovering that Winslow’s lengthy work of fiction contains not only a startling amount of disturbing truths about the narco drug wars, but also paints a stark, fact-laden picture of the costly failure of the USA’s 45-year war on drugs.


FIFTEEN YEARS OF RESEARCH ON A BOOK NO ONE INTENDED TO WRITE

Prior to The Cartel, Winslow had amassed an ardent cult following for his 16 mystery/thrillers set in and around the beaches of San Diego county—books like, The Winter of Frankie Machine, Savages and The Dawn Patrol.

In 1998, however, while he was turning out surfing-related mysteries, Winslow—who lives in the San Diego area—got caught up in researching the drug war, which was growing increasingly macabre in its level of violence, some of which was occurring not far over the border from where Winslow and his family have a home. The result of the research was The Power of the Dog, published in 2005, which follows a Spanish-speaking DEA agent named Art Keller, and a rising star of the Mexican drug cartels named Anan Barrera, over a 30 year period.

After The Power of the Dog Winslow insisted he had no intention of writing about the drug war again. But it turned out he was unable to turn away from it either. His years of research for the 2005 book had given him knowledge, contacts and an emotional investment that he had trouble shaking. So for the next several years he continued to gather string, telling himself it was merely out of personal interest. Then the escalation of violence by the narcos convinced Winslow that he needed to do another book.

Enter The Cartel, which, while it still makes good use of many of the conventions of the thriller, is an ambitious work that–quite apart from its newly acquired best seller status—is arguably one of the year’s most important novels, even if, for some, it will be a hard one to read.

The Cartel, which weighs in at 640 pages, is filled with ghastly violence, none of it gratuitous. Instead, it reads like a deeply researched work of nonfiction that declines to pull its punches.

In fact, Winslow has said that, as bad as some of the incidents were that he portrayed in the book, that he didn’t write the worst of what he learned. There were times, he said “when I backed off…didn’t have the heart, or I thought [the incidents] were unbelievable, though I read them in two or three sources, but I didn’t think the reader could cope with it.”

Yet, by the book’s end, it isn’t the violence that lingers. Instead, it is Winslow’s portrayal of the terrible human cost of the drug wars to ordinary people with whom the reader can identify. For instance, Winslow introduces us to a group of journalists, writers and artists living in Juarez, to whom we become very attached–even as we watch as Juarez became the deadliest city in Mexico, as it in 2009.

We become similarly attached to other characters such as a woman physician who, after several unsatisfying years of catering to rich people in Mexico City, moves back to her hometown in the Juarez Valley to open a community clinic. There is her friend the famous woman baker, turned activist mayor and therapist-like advisor to the residents of the town in which the doctor has her clinic, located in the stretch of the Chihuahuan desert that became—in the novel as in life—the Valley of Death from 2009 to 2011. And there was the young woman who volunteered to be the town’s only police officer after the rest of the police had other been killed or had fled.

And so on.

After finishing the book, it was difficult not to want to google these unusually vivid characters to find out if they had real life counterparts. As it happens, in most cases, there was a counterpart that was close to what Winslow had written. Googling also caused one to learn that some of the people on whom Winslow based his characters were still alive. Others had been killed by the narcos.


THE NOVELIST TURNS ACTIVIST

Among the vivid impressions The Cartel leaves in its wake, is the fact that the cost of the war on drugs has been horrifically high, in terms of blood and treasure, on both the Mexican side of the fence and our own, and yet little or nothing has been accomplished. The Cartels are better organized than ever.

That impression is not accidental. It is precisely what Winslow intends.

After the publication of the book, Winslow went so far as to take out full page ads in several U.S. newspapers, including the NY Times, urging an end to the war on drugs.

Last Thursday, Winslow explained to Jeffrey Brown on the PBS NewsHour why he felt the need to place the ads.

And in an interview last Wednesday on NPR’s Fresh Air, host Terry Gross calls The Cartel a “grand tale of Mexico’s drug wars,” and talks to Winslow about a wide array of topics, including the real Guzman’s escape, and what Winslow thinks about the destructive futility of more than four decades of trying to shut down the cartels. Here are a couple of clips:

On El Chapo, the leader of the Sinaloa Cartel

This is a very smart man, a survivor, a man with billions of dollars at his command, a man who can reach out and kill almost anybody he wants to kill, to have killed, and a man who knows secrets about high levels of the Mexican government. There’s a reason why they didn’t extradite him to the United States — principally because he could afford high-level lawyers to block that. He could afford bribes to block that. But also because if he were extradited to the United States, his only deal-making ability now is to start telling those secrets and telling those stories.

On how America’s drug problem relates to Mexico’s drug problem

We are the largest drug market in the world. We’re 5 percent of the world’s population — we consume 25 percent of the world’s illegal drugs. Mexico has the misfortune to share a 2,000 mile border with the largest drug market in the world. … At the end of the day, they’ll run out of products. It’s the illegality that makes those territories so valuable. If you criminalize anything only criminals can sell it. If only criminals can sell it, there’s no recourse to law, there’s only recourse to violence. That’s created the cartels. It’s our simultaneous appetite for — and prohibition of — drugs that makes those border territories worth killing for.

On the effect legalizing marijuana (just in Washington and Colorado) has had on Mexican trafficking

Just two states that have legalized marijuana, do you know what’s happened in Mexico? Forty percent of Mexican marijuana imports, they’ve been cut by 40 percent. In Durango and Sinaloa, where most of the marijuana is grown, they’ve almost stopped growing it now, because they can’t compete with the American quality and the American market. … I’m not making this up; you get this from Customs and from DEA, from the people who are trying to intercept it on the border and judge how much is coming through as a percentage of how much they seize, and what they’re telling us is it’s down 37 percent over the last two years. So by stopping fighting, just two states stopping fighting the war on that drug, it has been effective.

You can listen to the rest of the interview below.

And then read the book. It’s well worth the ride.

Posted in American voices, Drugs and drug treatment, War on Drugs, writers and writing | No Comments »

Do Unarmed Latinos Shot By Police Get Less Attention Than Blacks?…..Why Juvie Solitary Has to Go

July 20th, 2015 by Celeste Fremon

BLACK LIVES MATTER, BUT WHAT ABOUT BROWN LIVES?

Coroner’s data shows that half of those shot and killed by police in Los Angeles in the past five years were Latino. This year, of the 23 killed by police in LA, 14 were Latino.

Now, some of the families of those killed by law enforcement under questionable circumstances are beginning to ask why some deaths seem to have captivated the attention of the media and of community activists, while others have not.

For instance the family of 28-year-old Oscar Ramirez Jr. who was unarmed and committing no crime when he was shot last fall by Los Angeles County Sheriff’s Deputies, wonders why they were unable to generate any kind of outcry for an inquiry into Oscar Jr.’s death.

The question is asked outside of LA as well. On February 10 of this year, Antonio Zambrano-Montes, a Mexican migrant worker, who had thrown rocks at cars, was shot and killed by police officers in Pasco, Washington. A video of the shooting appeared to show that Zambrano-Montes was running away, turning only at the last minute with his hands raised before shots were fired. Yet, although the story was big local news, interest in the investigation never caught fire nationally in the media.

The LA Times’ Nicole Santa Cruz, Ruben Vives and Marisa Gerber have written a thought provoking story that delves into the question and suggest that a least part of the reason for differences in response might be due to a complex weave of cultural differences between the black and Latino communities, along with separate historical contexts.

Here’s a clip from the story’s opening:

Kris Ramirez never saw police as a threat. Growing up, his body didn’t tense with us-versus-them dread when police cruisers drove through his Southeast Los Angeles neighborhood.

“If someone is wearing a uniform,” Ramirez said, “you show respect.”

Then last year, four days before Halloween, a Los Angeles County sheriff’s deputy shot and killed his brother, Oscar Jr., along railroad tracks near Paramount High School. Deputies said the 28-year-old didn’t comply with orders and moved his arm in “a threatening manner.” Ramirez was unarmed.

The Ramirez family marched in front of the Paramount sheriff’s station and held vigils, but they struggled to find wider support for their cause. As the family grieved, the national Black Lives Matter movement picked up energy, bolstered locally by the fatal shooting of Ezell Ford, a mentally disabled black man, by LAPD officers.

Watching the protests over Ford’s killing, Kris Ramirez felt frustrated: “Why can’t we get that same type of coverage or help?”

The muted reaction to the deaths of Latinos in confrontations with police tells a larger story: Black Lives Matter is starkly different from Brown Lives Matter. In contrast to the fatal shootings of African Americans such as Michael Brown in Ferguson, Mo., and Walter Scott in South Carolina, deaths of Latinos at the hands of law enforcement haven’t drawn nearly as much attention.

A federal judge on Tuesday ordered the release of a video showing Gardena police officers shooting two men, killing Ricardo Diaz Zeferino, an unarmed Latino. The video has been viewed millions of times on YouTube. It generated national media coverage, but very little protest.


IS PUTTING YOUNG PEOPLE IN SOLITARY AN ACT OF VIOLENCE? CA CHILDREN’S DEFENSE FUND HEAD SAYS YES

As SB 124, the bill that would greatly restrict the use of solitary confinement in California, works its way toward possible passage, Alex Johnson, the executive director for the Children’s Defense Fund CA writes in the Huffington Post about why the bill is so important.

Here’s a clip:

Nationally, approximately 60,000 youth are held in solitary confinement, the majority for non-violent offenses. Moreover, according to a study by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), over 50% of the youth who committed suicide inside a juvenile justice facility were being held in solitary confinement at the time of their death.

A few months ago the name Kalief Browder may not have triggered more than passing recognition. Yet those who question the brutal impact of solitary confinement on youth need to look no further than his ordeal. Kalief, who spent 800 days in solitary during three years at New York City’s Rikers Island after being arrested on a robbery charge at age sixteen, has become the national face of solitary confinement. While he was ultimately acquitted, the toll of solitary confinement had already impacted Kalief and he attempted suicide several times while in solitary confinement and after being released. He should have become a thriving adult, and indeed he was on his way, but the lasting trauma of being held in solitary confinement pushed Kalief to take his own life at the age of 22.

[SNIP]

Twenty-seven days before he died, Kalief authored an essay where he described the physical and psychological damage that results from solitary confinement: from chest pains, weight loss, diarrhea, and fainting to psychological symptoms like reduced concentration, confusion, memory loss, hallucinations, paranoia, overt psychosis, violent fantasies, anxiety, depression, and trouble sleeping.

Despite evidence demonstrating that solitary confinement is an ineffective rehabilitation strategy, the practice remains prevalent in juvenile facilities. A recent report by the Annie E. Casey Foundation documents substantial evidence of systemic abuse of children, such as placing youth in isolation, in 29 states including California.

A series of lawsuits have addressed the disproportionate number of disabled youth who are held in solitary confinement and deprived of their educational rights. A recent landmark settlement ended the use of juvenile solitary confinement in Contra Costa County (California) after it was discovered that disabled youth were routinely held in isolation for 23 hours a day. One young person known as “W.B.” had to be hospitalized with a mental breakdown after spending three weeks in solitary confinement.

Posted in racial justice, solitary | 18 Comments »

A Ride Home, Fresno’s Restorative Justice, $$ Spent on Misconduct in Biggest Police Departments, and Obama Visits Prison

July 17th, 2015 by Taylor Walker

THE ANTI-RECIDIVISM COALITION’S ROBY SO & CARLOS CERVANTES GIVE MEN LEAVING PRISON A RIDE HOME & HELP THEM ACCLIMATE

Carlos Cervantes and Roby So, members of the Anti-Recidivism Coalition (ARC), pick up men newly released former third-strikers from prison to help them through their often overwhelming first day on the outside.

Through their Ride Home Program, Carlos and Roby, who spent 11 and 12 years in prison themselves, often travel hours to meet people exiting prison, to help them acclimate and bring them up-to-date on what they missed while they were locked up.

When men and women come out of lock-up, they are often given just $200 to start over with, and if they don’t have family waiting to meet them, they have to navigate the unfamiliar alone.

NY Times’ Jon Mooallem has a great longread (and documentary video) on Carlos and Roby and their Ride Home program. Here are some clips:

Unlike typical parolees, third-strikers are often notified of their release just before it happens, sometimes only a day in advance. (It can take months for a judge to rule after papers are filed.) They’re usually sent out the door with $200, a not-insubstantial share of which they often pay back to the prison for a lift to the nearest Greyhound station: An inmate might be released from a prison outside Sacramento and expected to find his way to a parole officer in San Diego, 500 miles away, within 48 hours. Stanford’s Three Strikes Project was setting up transitional housing for its clients, but initially, a lot of the third-strikers weren’t making it there — they were just blowing away in the wind. Then, Carlos and Roby started driving around the state and waiting outside to catch them.

The job started as a simple delivery service, to carry some of these discombobulated bodies from one place to another. In late 2013, the director of the Three Strikes Project, Michael Romano, contacted a nonprofit called the Anti-Recidivism Coalition, which has built up a close community of formerly incarcerated people in Los Angeles. (Romano, who is also an A.R.C. board member, is a friend of mine.) Romano asked if A.R.C. could dispatch one of its members to pick up third-strikers and drive them to their housing near the Staples Center in Los Angeles. A.R.C. recommended Carlos, a dependable young man just three years out of prison himself, who — most important — also had his own car and a credit card to front money for gas. Carlos was hired, for $12 an hour, to fetch an old man named Terry Critton from a prison in Chino. On the way back, Critton asked if Carlos wouldn’t mind stopping at Amoeba Records, so he could look at jazz LPs — he’d been a big collector. They wound up spending almost two hours in the store, just looking. Then, Critton wanted a patty melt, so Carlos found a place called Flooky’s, where they ordered two and caught the end of a Dodgers game. It was extraordinary: All day, Carlos could see this man coming back to life. He wanted to do more pickups, and he wanted to get his friend Roby involved. He told his bosses he needed a partner.

By now, Carlos and Roby — officially, A.R.C.’s Ride Home Program — have done about three dozen pickups, either together or individually, waking up long before dawn and driving for hours toward prison towns deep in the desert or up the coast. Then they spend all day with the guy (so far they’ve picked up only men), taking him to eat, buying him some clothes, advising him, swapping stories, dialing his family on their cellphones or astonishing him by magically calling up Facebook pictures of nieces and nephews he’s never met — or just sitting quietly, to let him depressurize. The conversation with those shellshocked total strangers doesn’t always flow, Roby told me. It helps to have a wingman.

‘‘The first day is everything,’’ Carlos says — a barrage of insignificant-seeming experiences with potentially big consequences. Consider, for example, a friend of his and Roby’s: Julio Acosta, who was paroled in 2013 after 23 years inside. Acosta describes stopping for breakfast near the prison that first morning as if it were a horrifying fever dream: He kept looking around the restaurant for a sniper, as in the chow hall in prison, and couldn’t stop gawking at the metal knives and forks, ‘‘like an Aztec looking at Cortez’s helmet,’’ he says. It wasn’t until he got up from the booth and walked to the men’s room, and a man came out the door and said, ‘‘How you doin’?’’ and Acosta said, ‘‘Fine,’’ that Acosta began to feel, even slightly, like a legitimate part of the environment around him. He’d accomplished something. He’d made a treacherous trip across an International House of Pancakes. He’d peed.

But what if Acosta had accidentally bumped into a waitress, knocking over her tray and shattering dishes? What if that man had glared at him, instead of greeting him, or snapped at him to get the hell out of the way? Ann Jacobs, director of the Prisoner Re-entry Institute at New York’s John Jay College of Criminal Justice, told me that even the smallest bungled interactions on the outside leave recently incarcerated people feeling ‘‘like they’re being exposed, like they’re incompetent. It’s feeding into their worst fear, their perception of themselves as an impostor who’s incapable of living a normal life.’’ Carlos and Roby have learned to steer their guys through that perilous newness — and to be nonchalant about it, to make the sudden enormity of life feel unthreatening, even fun. On one ride home earlier this year, I watched a third-striker venture inside a convenience store, alone, to buy a candy bar while Roby pumped gas. The man seemed emboldened after a few hours of freedom, actually hopping a bit as he walked. But then he tripped over the curb and tumbled forward, arms thrashing, nearly face-planting in front of the door. Roby just shrugged and said, ‘‘Well, you’ve got to get that one out of the way.’’

‘‘Been a long time since I looked at a menu,’’ Dale Hammock said. He was sheltered in a corner of a booth at a Denny’s near the prison. The restaurant was overcrowded, loud and full of the kind of hyperdifferentiated nonsense that ordinary Americans swim through every day, never assuming it can or should be fully understood. But Hammock was having trouble sorting the breakfast menu from the lunch menu, and the regular Denny’s menu from the Denny’s Skillets Across America limited-time menu. There were two kinds of hot sauce and four different sweeteners on the table. On the Heinz ketchup bottle, it said: ‘‘Up for a Game? Trivial Pursuit Tomato Ketchup.’’

The first meal after a long prison sentence is an ostensible celebration laced with stress. The food tastes incredible. (Roby gained 60 pounds after his release, desperate to try the Outback Steakhouse Bloomin’ Onion and other fast-casual delicacies he’d seen commercials for on TV.) But ordering — making any choice — can be unnerving. Waiters are intimidating; waitresses, especially pretty ones, can be petrifying. So at Denny’s, Roby started things off, ordering a chocolate milk. Hammock ordered a chocolate milk, too. Then he reconsidered and said: ‘‘I want a milkshake! I’ll just have that!’’ He ordered a Grand Slam. Then he changed it to a Lumberjack Slam. And when the waiter shot back with ‘‘Toast: white, wheat or sourdough?’’ Hammock went stiff momentarily, then answered: ‘‘Toast, I guess.’’


KEEPING KIDS IN SCHOOL (AND AWAY FROM THE JUSTICE SYSTEM) IN FRESNO

The Chronicle of Social Change’s Lisa Jenkins looks at efforts in California to steer kids away from the juvenile justice system, with a particular focus on the Keeping Kids in School Project and the Victim Offender Reconciliation program (VORP), an important part of the restorative justice efforts in Fresno schools. Here’s a clip:

The 2013 KKIS conference was the first concrete step in changing the tone of the conversation around truancy. At the core of the 2013 conference was a recognition that students need to be physically in school in order to receive the state’s educational services. Being deprived of these services, as inevitably happens when one is chronically absent, has been tied to other problems; research presenters at the conference utilized statewide data showing a direct link between missing school, suspension from school and ultimately dropping out.

Making this link clear to parents, guardians and other stakeholders is the most important part of the work that KKIS is doing, said Gordon Jackson, director of the coordinated student support division in the California Department of Education, in a phone interview.

“Of course, all across the span of economics or earned income, there is this common thread among parents of wanting good things to happen for their kids,” Jackson said. “There is really a focus on the challenge of catching students early, before they develop truancy patterns, and involving the parents.”

This idea has been taken to heart in Fresno County, where the regional KKIS focus group and other stakeholders are working to improve academic performance of elementary and middle school students in order to prevent their eventual court-system involvement. This means targeting those with complicated home situations, and even creating personalized plans for how students will get to school. There is a particular focus on literacy, as studies have shown that students with strong reading engagement experience less absenteeism.

According to education specialists, one promising solution to this excessive absenteeism (and to numerous other justice questions) is a coordinated system of restorative justice.

Restorative justice programs involve two crucial components: a discussion among those involved with the crime or truancy, and a concrete plan for rectifying the situation. The oldest such program in the state, VORP of the Central Valley, was founded in 1982 by Ron and Roxanne Claasen, but has only relatively recently gained the momentum to become a part of the local juvenile justice vocabulary.

For the Claasens, who also founded the Discipline That Restores program at Fresno Pacific University, these techniques are an important part of getting students to reconnect with their school communities. After involvement with restorative justice techniques, VORP estimates that eight of every ten juvenile offenders successfully move on from crime and return to school. Instituted across school districts, these results are significant; when comparable California communities have instituted district-wide restorative justice policies, they have cut suspensions by up to 60 percent in just five years.


WHAT THE CITIES WITH THE BIGGEST POLICE FORCES PAY FOR MISCONDUCT SETTLEMENTS & COURT JUDGMENTS

The ten cities with the largest police departments paid out a total of $248.7 million last year in officer misconduct settlements and court judgments. That number is up 48% from 2010′s grand total of $168.3 million. Between those five years the ten cities paid out a combined $1.02 billion. New York City was responsible for a whopping $601.3 million, more than half of that 2010-2014 grand total. In comparison, Los Angeles, while still among the top three cities that spent the most, had a five year total of $57.1 million.

Los Angeles, Baltimore, Phoenix, unlike the other seven cities, experienced a decline in payout amounts between 2010-2014. And in LA, 39% of payout dollars were spent on misconduct cases. In Chicago, misconduct cases accounted for 89% of the total.

The Wall Street Journal’s Zusha Elinson and Dan Frosh have more on the numbers.

Cities are cutting more checks to people who were wrongfully imprisoned years ago because of police misconduct. As more wrongful convictions come to light, jury verdicts have risen, with some now exceeding $2 million a year behind bars.

New York City agreed last year to pay $41 million to five black and Hispanic men imprisoned for the 1989 beating and rape of a jogger in Central Park, then freed after another man confessed and DNA evidence confirmed his story. City lawyers under former Mayor Michael Bloomberg had fought a lawsuit brought by the five men, which alleged that detectives coerced confessions from them as teens. Under current Mayor Bill de Blasio, the city agreed to a settlement equal to about $1 million for each year each man spent behind bars.

New York City Corporation Counsel Zachary Carter said the settlement “should not be construed as an acknowledgment that the convictions of these five plaintiffs were the result of law-enforcement misconduct.”

Chicago has been trying to resolve cases stemming from allegations that detectives, led by former commander Jon Burge, tortured black and Hispanic suspects with implements like electric cattle prods, coercing confessions from them and putting them behind bars from the 1970s to early 1990s for crimes they didn’t commit. Those cases have cost the city more than $60 million in payouts. In May, Chicago launched a $5.5 million reparations fund for some of the victims.

A Chicago police spokesman called Mr. Burge’s actions a “disgrace.” Mr. Burge was convicted of federal perjury and obstruction charges in 2010. Mr. Burge, who has been released from prison, declined to comment.

In New York, settlements and judgments in misconduct cases hit $165 million in fiscal 2014, up from $93.8 million in 2010. Both New York and Los Angeles, which paid out $10.7 million on such cases last year, now are tracking claims more closely and trying new approaches to risk management.

New York City’s government-run hospitals were for years the city’s leading source of liability payouts, primarily because of medical-malpractice settlements. But beginning in the 2010 fiscal year, the police department surpassed the city hospitals in total liability payouts.

The trend caught the attention of New York City Comptroller Scott Stringer, who launched a program to track legal claims called ClaimStat. “Instead of accepting rising claims and settlements as the cost of doing business,” Mr. Stringer says, the city can use the data to identify underlying problems and make changes to prevent future suits.

The number of new claims filed against New York City police, including allegations of police misconduct and damage from car crashes, rose 71% between 2004 and 2013, according to the comptroller.

“While the filing of a lawsuit does not prove any misconduct on the part of an officer, the department is aware of the increasing number of actions filed against the NYPD,” a spokeswoman said, adding that the department is “addressing these very real concerns” with the creation of a risk-management bureau and police litigation unit.

The settlement with Mr. Garner’s estate came nearly a year after his confrontation with officers who accused him of selling untaxed cigarettes—a scene captured in a widely viewed video. Mr. Stringer said the settlement “acknowledges the tragic nature of Mr. Garner’s death while balancing my office’s fiscal responsibility to the city.”


OBAMA GOES TO PRISON

On Thursday, President Barack Obama became the first sitting president to visit a federal prison. NPR’s Scott Horsley has the story on the president’s visit.

Posted in LAPD, Obama, Reentry, Restorative Justice, School to Prison Pipeline, Zero Tolerance and School Discipline | 5 Comments »

Private Prison Medicine, Foster Care Benefits for Dual Status Kids, Presidential Pot Pardons, Sheriff Jim McDonnell on WWLA? …and More

July 16th, 2015 by Taylor Walker

WHEN FOR-PROFIT CORPORATIONS TAKE OVER PRISON HEALTH CARE INMATE MORTALITY RATES RISE

The private medical company, California Forensic Medical Group, is the largest prison health care provider in CA. And, not unlike the largest prison health care company in the nation, Corizon Correctional Health Care, CFMG continues to rake in money despite being mired in scandals and lawsuits alleging mistreatment, neglect, and short-staffing.

CFMG holds medical care contracts for 64 detention facilities in 27 of California’s 58 counties. Most of the counties are rural, like Imperial and Yolo, but CFMG is also responsible for thousands of inmates in counties like San Diego, Ventura, Santa Cruz, and it’s hometown, Monterey.

Around 200 inmates have died in the last decade under CFMG medical care, and more than 80 lawsuits have been filed against the company in the last 15 years, according to an investigation by FairWarning.

FairWarning’s Brian Joseph takes an in depth look at CMFG’s history (which is not unlike many other private prison companies), as well as the stories of inmates who died seemingly preventable deaths while under the care of CFMG. Here are some clips:

The outsourcing of medical care in jails and prisons reflects a nationwide push for privatizing government duties. The private sector, outsourcing advocates say, offers better services at a lower cost. But while other government services have outspoken constituencies, jails and prisons do not. Inmates usually have little clout to demand change if they believe they are receiving poor health care.

“Society doesn’t really care about prisoners,” said Neville Johnson, a Beverly Hills lawyer. Johnson sued CFMG and Yolo County, near Sacramento, over the August 2000 jailhouse suicide of Stephen Achen. A drug addict, Achen warned some jail staffers that he could become self-destructive but promised another that he wouldn’t hurt himself. “As we got into it, we were astonished at what we felt [was] the deliberate indifference of the jail staff and especially CFMG, which is nothing but a money-making machine,” Johnson said. CFMG settled with the Achen family for $825,000 after a judge found evidence of medical understaffing, according to media reports.

The private sector started providing health services to jails and prisons in the 1970s, when negligent medical care became a foremost prisoners’ rights issue. Inmates across the country filed lawsuits alleging inadequate care. Courts ruled that depriving prisoners of competent medical services was unconstitutional and in some cases ordered states and counties to take corrective action. Wardens and sheriffs, lacking backgrounds in medicine, turned to outside contractors for help.

[SNIP]

Ryan George, age 22, was serving time for domestic violence in 2007 when he experienced the onset of a sickle cell crisis, a painful, but treatable, condition where blood vessels become clogged by the misshapen cells. For days, Valerie says, Ryan called her from jail in obvious pain, complaining that he was being neglected.

Finally, when he was found “unresponsive” in his bed, Ryan was taken to the hospital, according to court records. But after a couple of days, of treatment, doctors there decided Ryan was exaggerating some of his symptoms and sent him back to jail. Shortly thereafter, Valerie said, a CFMG doctor called her, saying Ryan was getting worse. She says she demanded that the doctor take him to the hospital, but he said “that’s not a possibility.”

The company doctor acknowledged in court papers that he spoke with Valerie George, but disputed her version of what was said. CFMG executives also acknowledged that the company would have incurred more costs if Ryan was sent back to the hospital, but denied that financial concerns had anything to do with his death.

A few days later, Ryan George was found dead in his cell, with dark green fluid oozing from his mouth and eyes, according to the civil complaint. A subsequent Sonoma County Grand Jury investigation found that the “Sheriff’s (department) and CFMG medical staff failed to fully intervene” when Ryan’s condition worsened. “He was not re-hospitalized, despite exhibiting symptoms of jaundice, severe dehydration, bone pain, altered level of consciousness and loss of urinary and bowel control,” the grand jury found. Said Valerie George, whose family settled with CFMG: “They let him die like a dog in a cage because this company would not pay for him to get proper medical treatment.”

[SNIP]

“Why wasn’t an ambulance called?” a guard later recalled someone asking when he wheeled a pale Dau into El Centro Regional Medical Center at about 9:30 a.m. on July 23, 2011. A doctor rushed to her side and felt her neck. “She has no pulse!” the doctor yelled, according to a deposition given later by the physician. Hospital staff cut off her jumpsuit and attempted CPR, but it was no use: at 9:56 a.m. Dau was declared dead.

A subsequent autopsy by Imperial County Chief Forensic Pathologist Darryl Garber determined Dau died of heart disease with a contributing factor being acute drug intoxication from the multiple medications she was prescribed. Garber also discovered Dau had a bed sore on her lower back, suggesting that she had been unable to move for some time.

Later, according to the minutes from a meeting about Dau’s death, CFMG and jail staff decided that an ambulance should have been called and that Dau was “probably” going through Valium withdrawal.


CRUCIAL BILL TO CLOSE A LEGAL LOOPHOLE AND EXTEND BENEFITS TO “DUAL STATUS” FOSTER KIDS MOVES FORWARD

A CA bill to give foster kids involved in the juvenile justice system (often called “dual status” or “crossover” youth) extended foster care benefits was approved unanimously by the Assembly Judiciary Committee.

SB 12, authored by Senator Jim Beall (D-San Jose), would close a loophole in existing law, and ensure kids who turn 18 while in juvenile detention receive extended benefits like their non-justice-system-involved peers.

Sawsan Morrar has more on the bill and its progress for the Chronicle of Social Change. Here’s a clip:

DeAngelo Cortijo, an intern at the National Center for Youth Law, spoke at Tuesday’s hearing about his firsthand experience as a crossover youth. Cortijo was removed from his home when he was two after his mother attempted suicide. He was placed with family members, and at one point returned to his mother, before he was sent to foster care amid reports of abuse. Since then, he was in over four detention facilities, and ran away from group home placements several times.

“When I was released, I faced many challenges,” Cortijo said. “I now have to fend for myself as an adult. I had to find stable and clean housing. I didn’t have an income to support myself.”

Cortijo was left depending on others for the most basic needs like purchasing a toothbrush or borrowing socks.

“Do you know what that does to a person’s confidence? It completely destroys it,” he said.

With extended benefits in place, Cortijo would have received about $800 a month, just like other transition-age foster youth, to help pay for food, housing and school.

Jennifer Rodriguez, executive director of the Youth Law Center, said these probation youth in transition are exactly who extended foster care aims to support.

“We know that the rates of homelessness, unemployment and incarceration for young people who cross from dependency to delinquency are double to triple the rates for youth who are just in dependency or delinquency,” she said.

According to the Youth Law Center there are approximately 4,000 probation-supervised foster youth in California. There are over 50,000 foster youth in the state.


WHAT IF PRESIDENT OBAMA FOLLOWED IN THE FOOTSTEPS OF FDR AND WILSON AND USED HIS PARDON POWER ON MARIJUANA OFFENDERS?

On Monday, President Barack Obama announced that he had commuted the sentences of 46 non-violent drug offenders, bringing the total number of approved commutation petitions up to 89. While this is a good step in the right direction, there are 95,265 federal prisoners serving time for drug offenses.

The Atlantic’s Zach Hindin makes the case for presidential pardons for all marijuana offenders in federal prison. Former President George W. Bush commuted 11 sentences and pardoned 189 during his 8 years in office, and Bill Clinton commuted 61 sentences and pardoned 396. Our current president has granted just 64 pardons, thus far. (If you are fuzzy on the difference between the two, a pardon wipes a person’s criminal record and restores rights, a commutation shortens a person’s sentence, but does not offer a clean slate.) Obama’s latest move seems far less historically meaningful when compared to Woodrow Wilson and Franklin D. Roosevelt’s thousands of post-prohibition acts of clemency for alcohol offenses, says Hindin.

Here’s a clip:

…Compared with the last few administrations, commuting the sentences of 46 nonviolent drug offenders may seem historic. But history sets the bar higher still.

In May 1919, Woodrow Wilson was in Paris negotiating the Treaty of Versailles. It’s hard to think of a moment when any president had a better reason to shelve domestic affairs, but on Monday, May 12, Wilson telegraphed his secretary in Washington: “Please ask the Attorney General to advise me what action I can take with regard to removing the ban from the manufacture of drink.” A week later Wilson sent another cable, this time to Congress: “It seems to me entirely safe now to remove the ban upon the manufacture and sale of wines and beers.”

Congress declined, and instead introduced a bill to shore up the Eighteenth Amendment, known as the Volstead Act. Wilson vetoed the Act. Congress overrode his veto. With no legislative recourse, Wilson chipped away at Prohibition using the executive power that Congress could not check: his pardon. By the end of his second term, alcohol offenders accounted for more than one-fifth of Wilson’s clemency recipients.

Unlike Wilson, Franklin D. Roosevelt had been ambivalent about Prohibition. During his time in the New York State Senate, the powerful Anti-Saloon League had praised Roosevelt’s “perfect voting record.” Even after the repeal of Prohibition became central to his presidential platform, according to one biographer, “the story persisted that whatever Roosevelt might say, there was a voting record to prove he was ‘dry’ at heart.” But when Prohibition was repealed by popular demand in 1933, FDR went on a pardoning spree that outclassed his predecessors, approving alcohol offenders who had been previously rejected or otherwise hadn’t even applied.

Wilson used his pardon to protest an impossible law. Roosevelt used his to acknowledge the change in social norms.

The time when most Americans condoned alcohol consumption despite Prohibition rhymes with our own, when 53 percent of the country supports the legalization of marijuana, and pot laws have been curtailed in 23 states and the nation’s capital. And just as Prohibition offered a legal apparatus for racism, today, the racial imbalances in marijuana arrests and sentencing are so stark that many in this country consider them a proxy for racial control. In 49 states, blacks are more likely than whites to be arrested for marijuana—in the worst offending counties, by a factor of eight. The limit of this analogy is scale—together, Wilson and Roosevelt issued some 2,000 alcohol-related acts of clemency. In 2012 alone, almost 7,000 people were convicted in federal courts for marijuana offenses, according to the U.S. Sentencing Commission, more than for any other type of drug.


LA SHERIFF JIM MCDONNELL TALKS JAIL ABUSE AND MORE ON WHICH WAY, LA?

After 10 jail employees were relieved of duty this past weekend in connection with alleged jail abuse, LA County Sheriff Jim McDonnell appeared on KCRW’s Which Way, LA? with Warren Olney to discuss jail abuse, transparency, mental illness, and his hopes for the facility that will replace the crumbling Men’s Central Jail.

Take a listen.

In another segment, investigative reporter Jeffrey Sharlet talks about his in-depth GQ story about the March LAPD shooting of Charly Keunang, an unarmed homeless man in Skid Row, and the unreleased officer body cam videos he was able to watch of the incident.

AND WHILE WE’RE ON THE SUBJECT OF TROUBLING FOOTAGE OF OFFICER-INVOLVED SHOOTINGS…FAMILY OF UNARMED MAN KILLED BY GARDENA POLICE SEEK CIVIL RIGHTS INVESTIGATION

In 2013, three Gardena police officers fatally shot Ricardo Diaz Zeferino, an unarmed man they mistook for a robbery suspect. According to officers involved, Diaz Zeferino appeared to be reaching for a weapon. The city settled the resulting lawsuit to the tune of $4.7 million, but refused to release videos of the shooting, because of privacy concerns.

On Tuesday, federal Judge Stephen V. Wilson ordered the city of Gardena to release the videos. And at a press conference on Wednesday, an attorney representing Diaz Zeferino’s family called for a federal civil rights investigation into the shooting.

Here’s a clip from the KPCC update:

Mercardo said the videos allow the public to see for themselves what took place shortly after police stopped Diaz Zeferino and two others suspected of stealing a bike.

“The public can be the judge of what really happened that night,” she said, adding the family had been searching for justice, not money.

Diaz Zeferino’s brother, Augustine Reynoso, holding aloft a picture of the two of them embracing, said he wanted to bring the Gardena police department to account for the death of his brother.

“Money is not what’s important in life. Life is what’s important in life,” he said through Mercado, who translated his comments. “I want justice to be done. I want the Gardena Police Department to be investigated more deeply. That’s why I’m here.”

Posted in Crossover Youth, DCFS, Foster Care, jail, Jim McDonnell, juvenile justice, LAPD, LASD, Marijuana laws, medical care, Mental Illness, Obama, Sentencing, War on Drugs | No Comments »

Why is LA County Probation Sitting on $21.7 Million in Unspent Juvie Justice Funds?

July 15th, 2015 by Celeste Fremon


A few weeks ago, WitnessLA learned that LA County Probation was sitting on $21.7 million in state-allocated juvenile justice funds
that were supposed to be spent toward creating a comprehensive plan of youth services that prominently includes community-based programs to keep at risk kids out of the county’s justice system—and on related programs to help kids already in the system with reentry so that they don’t bounce right back in again after they are released.

Instead, the funds—which have reportedly been piling up at a regular clip since FY 2010/11—were simply sitting in an account doing…well…nothing.

On Tuesday, however, the news of the nearly $22 million became public when a motion co-authored by Supervisors Mark Ridley-Thomas and Sheila Kuehl announced the existence of the unused money.

The motion, which was read in and adopted unanimously at Tuesday’s meeting, requires Chief of Probation Jerry Powers and Interim CEO Sachi Hamai “…to report back within 21 days with an amended spending plan that allows for the immediate allocation of $1 million to fund critical programs and services delivered by community-based organizations in each supervisorial district.”

Admittedly, $1 million is less than 5 percent of the entire pot of languishing greenbacks, but it’s a start.


WHERE THE UNDER-THE-MATTRESS $$ CAME FROM IN THE FIRST PLACE

The source of the money in question comes from a funding stream created by the Juvenile Justice Crime Prevention Act (JJCPA), which was itself created by the Crime Prevention Act of 2000 in order “to provide a stable funding source for local juvenile justice programs aimed at curbing crime and delinquency among at-risk youth.”

The funds, which are allocated on a per capita basis to the state’s 56 participating counties (Alpine and Sierra counties opt out), are mandated to be spent to fund a range of programs that help kids. The methods used are required to be evidence-based—aka programs “that have been demonstrated to be effective…”

Each year the various counties have to propose how they are going to spend the money received—which for LA has been in the neighborhood of $28 million annually. Then at years end, they are expected to document how the funds were, in fact, spent.

Only .5—or less than one percent—of the money is allowed to be used for administrative costs. The rest is supposed to go straight to programs that directly benefit each county’s at risk youth. There is no mention in the regulations about any of the dollars being encouraged to lie fallow in a savings account that, until recently, few people seemed to know existed.


WHY WEREN’T ALL THOSE BUCKS SPENT ON KIDS?

So, should that money have been spent, not saved?

Well, technically, yes. The rules of the JJCPA pretty clearly require it.

However we think the best answer to that question may be found in the county’s own most recent research into the state of its justice-involved kids and their needs:

In April 2015, the release of the excellent and unprecedented LA County Juvenile Probation Outcomes Study quantified the daunting challenges and needs of the kids who come in contact with the county’s juvenile justice system.

At the end of the 155-page report, the team of researchers led by Dr. Denise Herz of Cal State LA, summarized in brief the kinds of programs and services that are the most essential if we expect these most vulnerable of our county’s kids to reroute their risk-laden trajectories in order to succeed. They are as follows:

*community-based “front end” prevention and intervention services for youth and families in early stages of Probation involvement to address youth needs and avoid any unnecessary out of home placements;

* transitional services and interventions for families while the youth are in suitable placement or camp, including the ubiquity of certain approaches like individual counseling and the appropriateness of these interventions for most youth; and,

* community-based services for youth who are transitioning back into the community, including current reentry practices like MDTs, school referral and reenrollment processes, family-focused programs, and supportive services for their families during the transition.

In short, all the kinds of programs and services that the JJCPA cash is supposed to be funding.

After Tuesday’s board meeting, I asked Supervisor Ridley-Thomas why so much money that was slated to be used for the benefit of LA County’s at-risk kids was not being put to work.

“I don’t think they have a good reason,” he said. “So, it’s our job to do something about it.”

“The anti recidivism work that we need to do is really very substantial,” Ridley-Thomas continued, “so it becomes a bit problematic to imagine that we are not using all the resources at our disposal to work on the problem. The need is great. And it’s our job to address the need.”

Yep.


NOTE: At Wed 11:05 a.m. this story was updated and corrected to reflect that the Kuehl/Ridley-Thomas motion was read in and adopted at Tuesday’s meeting. In an earlier version we wrote that the motion was scheduled for adoption next week.

Posted in juvenile justice, Probation | 1 Comment »

Judge Forces Gardena to Release 2013 Video of City’s Cops Shooting Unarmed Man…& More

July 15th, 2015 by Celeste Fremon

On Tuesday, federal Judge Stephen V. Wilson ordered the city of Gardena to release two disturbing videos of Gardena police officers shooting an unarmed man named Ricardo Diaz Zeferino, whose brother’s bicycle had been stolen, causing someone to call the police. As they waited for police to come, Diaz Zeferino and two friends went out to look for the bike but ran into the police instead, who assumed that the three were the bike thieves. The encounter ended with a volley of gunfire that killed Diaz Zeferino and badly injured one of his friends.

The tragedy may have been in part set in motion when the police dispatcher wrongly described the called-in theft as a robbery, suggesting that it involved force.

The June 2, 2013 encounter between the three men and the police was captured by two patrol car-mounted video cameras.

City officials and the Gardena police department have been battling for two years to keep the videos from public view, even though the city had already settled with Diaz Zeferino’s family and others for $4.7 million.

In making his ruling, Judge Wilson was responding to a collective request from the Los Angeles Times, the Associated Press and Bloomberg, which challenged a blanket protective order by 9th Circuit Judge Alex Kozinski, that had prohibited the release of the videos and other evidence in the court case.

LA Times reporters Richard Winton and Joel Rueben have more details.

Here’s a clip:

In unsealing the videos, U.S. District Judge Stephen V. Wilson said the public had an interest in seeing the recordings, especially after the city settled a lawsuit over the shooting for $4.7 million. Wilson rejected last ditch efforts by Gardena attorneys, who argued the city had paid the settlement money in the belief that the videos would remain under seal.

The “defendants’ argument backfires here — the fact that they spent the city’s money, presumably derived from taxes, only strengthens the public’s interest in seeing the videos,” Wilson wrote. “Moreover, while the videos are potentially upsetting and disturbing because of the events they depict, they are not overly gory or graphic in a way that would make them a vehicle for improper purposes.”

[SNIP]

Wilson’s decision comes as law enforcement agencies nationwide increasingly have embraced the use of cameras worn by officers and placed in patrol cars to record police interactions with civilians. But few agencies have made their videos public, spurring a debate over the need to balance the privacy of those captured on the recordings and transparency in policing.


IN A MAJOR ADDRESS PRESIDENT OBAMA CALLS FOR SWEEPING CRIMINAL JUSTICE REFORM AND A REEXAMINATION OF SOLITARY CONFINEMENT

On Tuesday, President Barak Obama gave what turned out to be a serious policy speech when he addressed the annual conference of the NAACP in Philadelphia. The speech, which was also broadcast, had criminal justice reform advocates madly tweeting to each other: “Is anybody watching this?!!”

And, Piper Kerman, author of Orange is the New Black, (the book on which the series is based) giddily retweeted nearly all of the post speech tweets of @POTUS.

The enthusiasm was for good reason.

Among the topics @POTUS tackled was the controversy over solitary confinement-—but there was lots more.

The BBC has more. Here’s a clip:

President Barack Obama has called for sweeping reforms to the US criminal justice system including curbing the use of solitary confinement and voting rights for felons.

He said lengthy mandatory minimum sentences should be reduced - or thrown out entirely.

“Mass incarceration makes our entire country worse off, and we need to do something about it,” he said.
Mr Obama urged Congress to pass a sentencing reform bill by year’s end.

On Thursday, Mr Obama will be the first sitting president to visit a federal prison - part of week long focus by the White House on the criminal justice system.

Speaking to a gathering of the National Association for the Advancement of Colored People (NAACP) in Philadelphia, Mr Obama discussed investments in education, alternatives to trials and prison job training programs.

US Attorney General Loretta Lynch has been tasked with reviewing the overuse of solitary confinement, Mr Obama said.

“Do we think it makes sense to lock people up in tiny cells for 23 hours a day? It won’t make us safer and stronger.”

The country should not be tolerating overcrowding in prisons, gang activity or rape, which Mr Obama called “unacceptable”.


DOES THE TREATMENT OF LAUSD’S RAFE ESQUITH SUGGEST THAT BUREAUCRATS ARE WRECKING EDUCATION?

Robby Soave writing for the Daily Beast argues that “when the feelings of students are prized above all else,” talented teachers like Rafe Esquith “looking to inject a little personality into the classroom are the first to suffer.”

Here’s a clip about Esquith’s case, but read on for other examples:

Teachers with unusual, engaging methods are often mistreated by the education system—even, like Buchanan, when they win awards. Rafe Esquith, an elementary school teacher at Hobart Boulevard in Los Angeles who won numerous teaching distinctions and was dubbed the world’s most famous teacher by The Washington Post, earned a suspension this year for a familiar reason: he told a joke.

Whereas Buchanan said some mildly provocative things to a bunch of full-grown adults, Esquith made a completely inoffensive remark to a bunch of children. He runs his own nonprofit, puts on productions of Shakespeare plays, and takes his low-income LA students on educational field trips—relying on private donations to fund his activities. In March, Esquith joked with his students that unless he was able to raise more money, they would have to perform the play naked. He made this remark after reading a relevant passage from Huckleberry Finn that concerns a king “prancing out on all fours, naked.”

The joke was essentially harmless. But another teacher overheard it, divined some sinister intention, and reported it to school authorities. Esquith had to cancel his production and sit in a rubber room while administrators interrogated his students about his behavior. A California credentialing committee ruled that Esquith did nothing wrong, but the district still hasn’t let him return to teaching.

Last month, Esquith’s attorneys announced that they were filing a class action suit in behalf of “thousands of well-respected teachers deprived of their rights by the Los Angeles Unified School District.”


Posted in Education, law enforcement, Obama, solitary | 23 Comments »

« Previous Entries Next Entries »