Obama Launches Initiative to Help Minority Boys and Men, This Week at the Supreme Court, ALADS’ Sheriff Candidate Debate, and an Open Letter from Paul TanakaFebruary 28th, 2014 by Taylor Walker
HELPING BOYS AND YOUNG MEN OF COLOR BREAKING FREE OF THE SCHOOL TO PRISON PIPELINE
On Thursday, President Barack Obama officially launched “My Brother’s Keeper,” the initiative to end the school-to-prison pipeline for young men and boys of color nationwide. “My Brother’s Keeper” will connect with non-profits and businesses to help keep kids in school and out of the justice system, and will evaluate programs aimed at helping young men of color succeed.
Here’s a clip from President Obama’s speech (the entirety of which you can watch in the video above):
…we know that Latino kids are almost twice as likely as white kids to be suspended from school. Black kids are nearly four times as likely. And if a student has been suspended even once by the time they are in ninth grade, they are twice as likely to drop out.
That’s why my administration has been working with schools on alternatives to the so-called zero-tolerance guidelines, not because teachers or administrators or fellow students should have to put up with bad behavior, but because there are ways to modify bad behavior that lead to good behavior, as opposed to bad behavior out of school.
We can make classes good places for learning for everybody without jeopardizing a child’s future.
And by building on that work, we can keep more of our young men where they belong, in the classroom, learning, growing, gaining the skills they need to succeed.
…we know that students of color are far more likely than their white classmates to find themselves in trouble with the law. If a student gets arrested, he’s almost as likely to drop out of school. By making sure our criminal justice system doesn’t just function as a pipeline for underfunded schools to overcrowded jails, we can help young men of color stay out of prison, stay out of jail.
And that means then they’re more likely to be employable and to invest in their own families and to pass on a legacy of love and hope. And, finally, we know young black men are twice as likely as young white men to be disconnected, not in school, not in working.
We have got to reconnect them. We have got to give more of these young men access to mentors. We have got to continue to encourage responsible fatherhood. We have got to provide more pathways to apply to college or find a job.
We can keep them from falling through the cracks and help them lay a foundation for a career and a family and a better life.
And here’s a clip from the Advancement Project’s announcement and response to the newly launched initiative:
“It is momentous that in the first 60 days of this year, both President Obama and Attorney General Holder have addressed barriers to opportunity that are facing people of color, especially young men of color,” said Advancement Project Co-Director Judith Browne Dianis…
“We are pleased that the Obama Administration will focus on ending the school-to-prison pipeline caused by overuse of suspensions and arrests, pushing young people off of an academic track and onto a track to prison…
“We are encouraged to see President Obama use his platform to specifically support boys and young men of color,” said Advancement Project Co-Director Constance L. Rice. “From our work in the city of Los Angeles’ gang violence hot zones, we know that community safety is of paramount importance to this demographic, with young Black men 10 times more likely and young Latino men three times more likely to be killed by guns than young White men. We need a comprehensive, public health-based community safety strategy to reverse this trend…
SCOTUS ON WARRANTLESS SEARCHES AND ASSET FORFEITURE
This week, the United States Supreme Court issued two noteworthy criminal justice rulings.
In a 6-3 decision, the Supreme Court ruled Tuesday that if a person objects to a warrantless search of his home, but then leaves the residence (in this case, by arrest), officers can still conduct the search with the consent of a different occupant. (Here’s some backstory.)
The LA Times editorial board says this ruling may give officers a reason to arrest someone just to sidestep a refused search. Here are some clips:
The 6-3 decision eviscerated a 2006 ruling in which the court ruled that police must respect “a physically present inhabitant’s express refusal of consent to a police search” even if a spouse or roommate gives consent.
Walter Fernandez, a robbery suspect, made it abundantly clear to LAPD officers in 2009 that he didn’t want them to search his apartment, saying: “You don’t have any right to come in here. I know my rights.”
Or at least he thought he did. Police arrested Fernandez, and an hour later an officer returned and asked Roxanne Rojas, Fernandez’ companion, for permission to search the apartment. The search turned up gang paraphernalia, a knife and a gun, and Fernandez was eventually convicted of robbery and domestic abuse.
By blessing the warrantless search of Fernandez’s apartment, the majority not only undermined its previous ruling but also sent a message that police can skirt the 4th Amendment and not be punished for it by the courts.
In another 6-3 Tuesday ruling, the Court said that a defendant who has been indicted by a grand jury has no right to contest pre-trial asset forfeiture.
Slate’s Chanakya Sethi has more on the decision. Here’s a clip:
Writing for a six-justice majority in Kaley v. United States, thus concluded Justice Elena Kagan that a criminal defendant indicted by a grand jury has essentially no right to challenge the forfeiture of her assets, even if the defendant needs those very assets to pay lawyers to defend her at trial. In an odd ideological lineup, the dissenters were Chief Justice John Roberts and the more liberal Justices Stephen Breyer and Sonia Sotomayor.
The Kaleys’ saga began more than nine years ago when Kerri, a medical device salesperson, learned that she was under investigation by federal authorities for stealing devices from hospitals. Kerri admits she took some devices and later sold them with Brian’s help, but she says the devices she took were unwanted, outdated models that the hospitals were glad to be rid of—in effect, that she couldn’t steal something that was given to her…
With charges looming, the Kaleys sought an estimate from their lawyers of how much mounting a defense would cost. The answer: $500,000. (That figure may seem high, but sadly the government agreed it was reasonable.) The Kaleys took out a home equity loan and used the $500,000 to purchase a certificate of deposit, which they planned to spend on lawyers.
Then came the grand jury indictment and with it a nasty surprise: an order freezing essentially all their assets, including the CD that was meant to pay their legal bills. The only assets exempt from the order—Kerri’s retirement account and their children’s college funds—weren’t enough to cover the $500,000 estimate. And if the Kaleys liquidated those funds, they’d have owed $183,500 in tax penalties. The bottom line: They could no longer pay for their lawyer of choice even though, as the government agreed, that’s what the Sixth Amendment right to counsel protects.
CLOSED-DOOR LA COUNTY SHERIFF CANDIDATE DEBATE
Last week, the Association for Los Angeles Deputy Sheriffs (ALADS) held a members-only debate at the county Hall of Administration between the candidates running for sheriff. The debate had some interesting moments, and focused on the need for department reforms, along with other issues important to deputies.
The LA Times Robert Faturechi has the story. Here’s a clip:
Former Undersheriff Paul Tanaka, who has been criticized for helping foster a culture of abuse inside the jails, criticized the department’s inmate education program.
“Deputies should not be teaching inmates how to read while they should be manning security posts, OK?” he said, prompting loud cheers.
In a statement to The Times, Tanaka said he wasn’t opposed to educating inmates “as long as it does not take away from the limited resources which are needed to run the jails and protect the public.”
In interviews afterward, the other candidates took aim at Tanaka, who seemed to be the crowd favorite based on applause. His opponents said Tanaka’s comment showed his shortsightedness about the role education can play in keeping inmates from re-offending after they are released.
“To show that lack of compassion for people who can’t read is exactly why I’m running,” Assistant Sheriff Jim Hellmold said.
The candidates acknowledged during the debate, which took place last week, that the recent federal indictments against deputies and reports of poor hiring show that reform is needed. But they also assured the audience that they believed that a great majority of deputies follow policy.
Assistant Sheriff Todd Rogers told the deputies that he took exception with some outside criticisms of the department. Some time after Long Beach Police Chief Jim McDonnell promised to “restore that shine and that luster to the badge,” Rogers said: “Others talk about our badge being tarnished. With all due respect to all of them, my star is just as shiny as it used to be, and so is yours.”
PAUL TANAKA “SETS THE RECORD STRAIGHT”
On Thursday, (a day after the new issue of LA Magazine hit newsstands) former LA County Undersheriff Paul Tanaka published an open letter to “set the record straight” about his involvement in a number of LASD scandals.
Here’s how the letter opens:
After dedicating three decades of my life to public safety, I have suffered overwhelming character attacks over the last two years by nameless “sources” who have continuously falsified accounts of my behavior and my leadership for their own self-purpose and notoriety. I have always believed that the focus of law enforcement officials should remain on public safety and the community rather than combating the latest news story, however, I can no longer remain quiet as others continue to paint fiction and call it truth. I would like to Set the Record Straight regarding my character and my record once and for all.
First and foremost, during my 33 years in law enforcement I have never condoned nor encouraged excessive force or deputy misconduct. In fact, in the past I have been highlighted as a strict no-nonsense disciplinarian. It wasn’t until there were talks throughout the Department that I may run for Sheriff that these accusations began. Many of my accusers feared the standard of accountability they would be held to should I become Sheriff. Throughout my career, I have always demanded our Department employees, particularly high-ranking executives, perform the duties and tasks the people of Los Angeles County pay them for, and expect from us, with no exception.
And here are Tanaka’s thoughts on a certain online publication’s stories about a private smoking patio, and his alleged pay-to-play system:
Furthermore, an online publication has written countless stories about a secret patio that was supposedly reserved for a secret circle of department employees that had to possess “challenge coins” in order to gain entrance. In addition, this same publication has also alleged that those who donated to my Mayoral campaign would then be promoted in the Department. First, the process for promotion in the Sheriff¹s Department is an uncompromising and strictly defined process. Promotions are based on a set of qualifications determined by the Department and the County. In addition, promotions to Lieutenant and higher were appointed solely by the Sheriff. No one who has ever donated to my City Council campaign has ever been given special treatment. Period. Second, the employee patio that was mentioned is an open air, out-door patio with poles that support its roof. It is open to all civilian and sworn employees and was commonly used for cigarette breaks, barbecues, meetings, etc. The coins they referred to were created, passed out and sold by Chief Buddy Goldman and retired Captain Joe Gonzales. To my knowledge, they were nothing more than a souvenir item anyone in the department could obtain.