Families Gangs LASD Paul Tanaka Public Defender Sheriff Lee Baca War on Drugs

Project Fatherhood on Fresh Air, Paul Tanaka’s Defense Move, Bails Lowered in SF, Mass Incarceration’s Slow Death

JORJA LEAP AND “BIG MIKE” SHARE STORIES ABOUT PROJECT FATHERHOOD ON NPR’S FRESH AIR

Filling in for NPR’s Fresh Air host Terry Gross, Dave Davies speaks with Jorja Leap and Mike Cummings about Project Fatherhood, the program through which men from the Jordan Downs housing project (and beyond), meet every week to teach each other, and younger men in the community, how to be fathers.

“Big Mike,” as he is known, tells the story of his journey from getting straight A’s in a private school and getting letters from universities to play football, to drug-dealing and incarceration, and finally to activism and Project Fatherhood.

Leap’s book, Project Fatherhood: A Story of Courage and Healing in One of America’s Toughest Communities (which we wrote about here), came out earlier this month, and she talks about how the program originally got fathers to attend the meetings, about disciplining children and child abuse, and some of the challenges these dads face as they try to improve their lives and their children’s lives.

Here are some highlights from Fresh Air‘s write-up of the interview:

DAVIES: So let’s talk about how this worked. There was an incentive to get people to come to these fatherhood sessions regularly. Who wants to explain how that developed?

CUMMINGS: Well, the incentive is for the fathers to come – actually, it’s a $25 gift card. But the incentive is given to the fathers for them to actually take their son out to either McDonald’s, Burger King or Subway or even to the ice cream parlor so the father would have some change in his pocket to be able to go out and spend the day, you know, at the ice cream parlor or get a hamburger or something and spend time with the kids. So that’s what the incentive was actually meant to be when we first started.

DAVIES: And if I read this right, you had to attend four sessions to get the card, the $25 gift card, right?

CUMMINGS: Yes.

DAVIES: So you wanted some consistency to it.

CUMMINGS: We wanted some consistency to it. They had to attend four of the Project Fatherhoods there to actually receive the card. What we wanted to do is to make sure that they could be consistent, to come if they wanted to use that change there to go out and be able to entertain their kid. It’s not much, but it’s something that they can do to be one-on-one with the kid.

LEAP: And I would add that initially those gift cards were the focus of a lot of interest and attention. But as the group became more and more important, the gift cards almost became incidental. They were part of the program but they – the focus of the men truly shifted.

DAVIES: Now, as you describe it in the book, you addressed some pretty sensitive topics about these men’s lives. One of them, for example, is when and whether it is acceptable to hit their kids. Jorja, you want to tell us some of what you heard from the men.

LEAP: Mike and I are looking at each other and nodding our heads and smiling because that was one of the sessions where I just got hung out to dry. And it was quite a discussion because all of the men began by saying, you know, my mama whooped me and I turned out OK. And there was sort of a moment where I said really because most of them had been incarcerated. Most of them had been involved in criminal activity at some time. And then there was this tremendous breakthrough when one of the men in the group talked about witnessing another child being beaten. And the child was beaten so brutally that he eventually died. And you literally could hear the sound of change happening in the room. And I don’t want to make it sound like it occurred literally overnight because we did a lot of arguing about this issue, but the men slowly changed. And one of them who was the most dug in about it, named Donald James, later came back and talked about not hitting his nephew who he took care of who he really did want to hit.

DAVIES: And, Jorja Leap, you know, you had this background in social science and this point of view about what’s healthy behavior based on research and data. And I’m interested in how you brought that to bear in the conversation. I mean, you know, you can sort of sense – one, you could imagine that here you are, this person with a lot of degrees, telling people in the neighborhood what’s right and they’re coming at you from their own experience.

LEAP: Well, and add on to that that I am mandated to report any instance of child abuse that I hear about; I’m a mandated reporter. So the men in the room also knew that legally I could get them into a lot of trouble, and they were very skittish about talking openly about this. What got to them was not saying it’s bad to hit your children. What got to them was when I talked to them about the statistics that overwhelmingly over 90 percent of the people on death row in the United States of America were victims of child abuse. And these are men that do not want their children to go to prison. They do not want their children to be part of the, you know, the cradle to prison pipeline. And when I said this kind of abuse teaches violence and it’s part of that cradle-to-prison pipeline, because of their love and concern for their children and their children’s futures, that’s how they began to hear the message. It’s not the message of discipline. You know, hitting your child is bad. The message was this is where it might lead.

Be sure to listen to the rest.


FOLLOW THE LEADER: PAUL TANAKA’S “PUBLIC AUTHORITY DEFENSE”

Former LA County Undersheriff Paul Tanaka, indicted on obstruction of justice and other charges, has filed a motion saying he will use a “public authority defense.” Tanaka will assert that he was just following then-Sheriff Lee Baca’s orders to hide an FBI informant inmate from the feds.

Prosecutors have dismissed Tanaka’s move and asked the judge to block the public authority defense, arguing that no law enforcement agent or organization (aside from the feds) can authorize violations of federal law.

LASD-watchers wonder if this move is simply pro forma on the part of Tanaka and his attorneys, or if they believe it might be a workable defense, and if so, whether it will point a legal spotlight on Baca.

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

“The defendant acted on behalf of order(s) issued by Sheriff Leroy Baca, who was Mr. Tanaka’s ranking superior officer,” the motion states. “Tanaka will assert the defense of actual or believed exercise of public authority.”

[SNIP]

Federal prosecutors are asking the judge to prohibit Tanaka from using a public authority defense.

The argument “fails as a matter of law because no agent of the Los Angeles Sheriff’s Department, not even then-Sheriff Leroy Baca, may authorize an individual to commit a federal crime,” states a motion signed by Stephanie Yonekura, who is the acting United States Attorney in Los Angeles.

“Only a federal agent may authorize a violation of federal law,” the motion states.


SF JUDGES’ DECISION TO LOWER BAIL AMOUNTS TRIGGERS INTENSE DEBATE IN LEGAL CIRCLE

On Wednesday, San Francisco Superior Court judges lowered the county’s bail amounts after finding them to be significantly higher than those in surrounding counties, including Los Angeles.

SF Public Defender Jeff Adachi, who supports the judges’ decision, says it doesn’t make sense to have bails two or three times larger than in other counties.

Critics, however, say lowering bails will mean more pedophiles and violent offenders will be able to post bail, which will lead to higher crime rates. Further, critics, argue that there is no need to change the bail schedule if judges have discretion over bail amounts anyway. For example, judges also have the ability to declare a high-risk rapist a “no-bail” candidate.

As the judges reexamine the bail schedule every year, they will look closely at how (and whether) the crime rates change over the next year.

In WLA’s most recent bail-related post, we pointed to an excellent John Oliver segment on the horrors of the bail system, which disproportionately affects the poor.

The SF Chronicle’s CW Nevius has more on the complex issue. Here’s a clip:

Kevin Ryan, who was the Superior Court’s presiding judge in 1999, says the higher bails were a result of a controversy in the late ’90s, when San Francisco had the lowest bail amounts in the Bay Area. At the time it was suggested that drug dealers, for example, were more likely to sell in San Francisco because it was easier to make bail.

[SNIP]

“It was apparent that the bail schedule here was substantially lower,” Ryan said. “We were experiencing a lot of commuter crime. Say bail (for some felonies) was $15,000 in Alameda and $5,000 here. It was apparent to the judges and law enforcement that we were, in a sense, encouraging people to come to San Francisco and commit crimes.”

With that in mind, and after some contentious city hearings, bail amounts were raised. (It should be noted, however, that higher bails haven’t stopped “commuter crime.” Drug dealers still come to the city from other counties.)

Now there is an effort to bring at least some bail amounts into compliance with nearby counties. Public Defender Jeff Adachi is actively supporting the changes.

“We’ve been complaining for years that the bails are sky-high in San Francisco compared to other counties,” Adachi said. “It’s one reason why the bail laws need to be reformed. It makes no sense that in San Francisco we’ve got bails that are double and triple bails in other counties.”


REASONS FOR STALLED INCARCERATION REDUCTION IN THE US

Rolling Stone’s Tim Dickinson takes a look at reasons why, despite considerable bipartisan efforts, there doesn’t seem to be a whole lot of mass incarceration reduction happening on the national (and even state) level. Here’s how it opens:

In this era of hyperpartisanship, the liberal-libertarian convergence on criminal-justice reform is, frankly, astonishing. Everyone from the Koch brothers to George Soros, from Tea Party Texan Sen. Ted Cruz to Democrat Hillary Clinton are singing from the same hymnal: “Today, far too many young men — and in particular African-American young men . . . find themselves subject to sentences of many decades for relatively minor, nonviolent drug infractions,” Cruz told reporters in February, before implausibly invoking French literature. “We should not live in a world of Les Misérables, where a young man finds his entire future taken away by excessive mandatory minimums.” In one of her first major policy speeches of the 2016 campaign, Clinton decried “inequities” in our system that undermine American ideals of justice and declared, “It is time to end the era of mass incarceration.”

But as unusual as the setup is, the punchline, in Washington, remains the same. Outside of limited executive actions by the Obama administration, durable reform is stymied. Entrenched interests from prosecutors to private prisons remain a roadblock to change. Meaningful bills are tied up by law-and-order ideologues like Senate Judiciary Chairman Chuck Grassley, the 81-year-old who brands his adversaries as belonging to “the leniency industrial complex.”

Progress in the states, meanwhile, is modest at best. “Nobody’s trying to hit home runs,” admits Grover Norquist, the GOP’s anti-tax czar and a leading conservative advocate for reform. “This is all about singles and not yet any doubles.”

6 Comments

  • So Tanaka wants to blame Baca for all of this? I’m sure he will willingly take the witness stand to proclaim his innocence.

    Q. So Mr. Tanaka, you say that you know everything Sheriff Baca was telling you to do was illegal, but you did it anyway, is that correct?

    A. That is correct, I was following orders.

    Q. Why didn’t you say something, why didn’t you go to the FBI to stop this madness, after all, you were the Undersheriff were you not?

    A. (Tanaka goes into a tyrannical rage sounding like Jimmy Cagney) I wasn’t raised to be a whistleblower! I’m not a dirty rat, see? I don’t like yellow belly rats, ya see? I eat rats and spit out their bones, the only good rat is a dead rat, ha got it lady? And I ain’t no rat! (Addressing the crowd of LASD executive coin holders and miscellaneous Tanaka boot lickers in the courtroom) Ain’t that right fellas, we ain’t no whistle blowing rats? (The crowd stands and cheers, “That’s right boss, we ain’t no whistle blowers!”)

  • @George, you make an interesting point. To use his intended defense of, “I was only following orders,” there has to an admission (if he is foolish enough to take the stand, but remember, it was Tanaka’s ego that brought us to this point) that he was aware that he was engaged in Obstuction of Justice, or a very strong inference made by his attorney that he knew he was in the Grey Zone. Either way, a good jury will be able to figure it out.

  • First of all if anyone thinks that Baca was making the decisions you could crawl back under the rock. Tanaka made the calls for transfers at all levels, promotions at all levels, special assignments, where forfeiture funds would go, the department budget, determining who would get freeway therapy, how much money people should give to Lee for political favors and last but not least all of the donations he received. He is the worst leader of all times….

Leave a Comment

Subscribe to the California Justice Report: