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.”
Back in the bad old days of the 80’s and 90’s people got sick of crime rates that seemed out of control. The solution was aggressive law enforcement and an attack on recidivism with laws such as three strikes and the like. Crime rates plummeted to the lowest they have been in decades. Many have argued the reason for the unprecedented drop in crime had nothing to do with law enforcement/incarceration efforts.
The new order of the day is “social justice”and the rolling back of these efforts. Looks like we are going to find out one way or the other, however the latest indications from places like Baltimore and New York City don’t look promising .
The killing of the innocent man is sad and tragic. The audacity to with old the video reeks of a cover up and is a travesty to justice. Paul Tanaka was the Mayor and a Gardena Police Department supporter. The irony.
I lived in Gardena during the 70s and early 80s. I watched a proud city crumble under the crushing weight of encroaching crime from outside forces. The men and women of the police department did a great job of balancing the needs of a diverse society without prejudice. The video only represents the actions of a few. And as for Too Tall Paul , he was no one and is to this day still, no one in the scheme of the city.
I find it very interesting that the District Attorney signed off, on the investigation by Duane Harris. Did they see the sealed video? Wasn’t he in Paul Tanaka’s car? Seems prejudicial to me. I hope I’m wrong.
The video and the report of the shooting clearly does not coincide. Troubling and disturbing.
^ yes he was in the car, and at Tanaka’s Sheriff announcement photo
@ (4) (5) (6) > One does not have to be Sherlock Holmes or Columbo to piece the connection. Paul Tanaka was the Mayor of Gardena, supporter of the Gardena Police Department and a direct link to Duane Harris (who was in charge of the investigation in the murder) Shame on the los Angeles County District Attorney Office for the “No Look Pass” to the homicide investigation
Read the reports given by the officers involved, then watch the video. Shocking! The scandals continue to follow the little man.
Karma & Payback has a unconventional path, but it always comes back like a boomerang.
That shooting appears to be in the Gray Zone, nothing to see here folks, move along. LASD Homicide Bureau says it’s all good, move along now folks.
Hey “They Say” Yeah I know. Standard Procedure.
And people wonder why LASD is under public scrutiny.
Read the coroner’s report and pretend the video doesn’t actually show everything. Dude had a blood alcohol of .22 and meth in his system. Don’t let facts interfere with a great bleeding heart story though because he was a good man. Whatever.
One way to end illegal immigration. Just saying.
Speaking of Louie Duran, whatever became of him and his two sidekicks from Aero Bureau?
@10) You betcha. You go right pass the AK-47 he has in his waistband, straight to the toxicology report which is after the fact. Wow……you’re a real genius.
#13- you don’t think the impairment caused by alcohol and meth play a part in the incident? You don’t think state of mind and ability to process information played a role? After the fact information is relevant when assessing force but, again, pretend his obvious impairments don’t matter. Why even do autopsies and toxicology reports. Genius, go straight for personal attacks when your argument doesn’t hold up.
#13- I would encourage you to read all the reports. Look at everything before you watch a video and make a decision based on partial information but that would take work and time and you’re too busy making half assed judgments and attacking logic.
Maybe it was the shiny belt buckle mistaken for a weapon, or his aggressive manner as he charged the officers.
Maybe the video that was reluctantly released was actually lost then found upon further searching.
Maybe the payout was waay too much, considering that it was a justifiable shooting.
Maybe I’m wasting my time explaining something to a…….never mind.
So I bring you facts…undeniable facts and you’re response is pretty typical from someone with no argument. Fortunately for you, flipping burgers doesn’t require any thought or need to analyze critical information. Keep at it and they’ll let you make the milkshakes someday.
Boot cops, monster drinks and chew is a helluva concoction. You should keep a good lawyer on retainer. Hopefully you will cease yelling “stop resisting” when a suspect is handcuffed and immobile..Body cams are made specifically for guys like you.
You will not find a bigger cop supporter than me. This was a legal shoot in my opinion but seems to me other options could have been used. Looked at the video about a dozen times and come away with the same viewpoint. Grey area for sure and the kid’s intox level surely played a part. Course, that was his life.
18- keep pretending you’ve ever done anything thing in that thing u call a career. I never said this was a good or bad shooting. I gave the toxicology report to add information to the discussion. Good or bad doesn’t matter to me. It is important to remember this guy was drunk and tweaking. If you don’t think that’s relevant please go see your financial planner and leave your badge at your shoe shine station.
No wonder lawsuits paid out by law enforcement is at an all time high.
Your youthfulness and lack of experience overshadows any legitimacy you may have in law enforcement. You need more than your Basic Post Certificate.
Perhaps but I’m pretty sure you’ve robbed the taxpayers for however many worthless years you’ve been a poser.