Death Penalty Education Innocence Juvenile Justice LA County Board of Supervisors School to Prison Pipeline Zero Tolerance and School Discipline

Fixing the “Truancy Crisis,” NYC Art Program Diverts Teen Taggers, Exonerated After 30 Years on Death Row…and More

KEEPING CALIFORNIA KIDS IN SCHOOL AND ON TRACK

On Monday, California Attorney General Kamala Harris, State Superintendent of Public Instruction Tom Torlakson, and state lawmakers proposed a group of bills targeting elementary school truancy, which they describe as having reached crisis-level.

Harris’ office put together a report on the issue of “chronic” absence and truancy across California. The report found, for instance, that an alarming one out of five elementary school kids were reported as truant during the 2011-12 school year. Here’s a clip from the executive summary:

…In the 2012-2013 school year, approximately one million elementary school children in California were truant and almost 83,000 were chronically truant (missing 10% or more of the school year – calculated from the date of enrollment to the current date – due to unexcused absences).

The same sample reveals that hundreds of thousands of students in California are chronically absent from school. Over 250,000 elementary school students missed more than 10% of the school year (over 18 school days); and a shocking 20,000 elementary school children missed 36 days or more of school in a single school year.

Given these disturbing statistics, Attorney General Kamala D. Harris commissioned a study to examine the scope, causes and effects of truancy and absenteeism in California. The study also focused on what law enforcement, parents, educators, non-profits, public agencies and concerned community members can and must do about this problem. The findings are stark. We are failing our children.

Truancy, especially among elementary school students, has long-term negative effects. Students who miss school at an early age are more likely to struggle academically and, in later years, to drop out entirely. One study found that for low-income elementary students who have already missed five days of school, each additional school day missed decreased the student’s chance of graduating by 7%. Lacking an education, these children are more likely to end up unemployed and at risk of becoming involved in crime, both as victims and as offenders.

The five bills proposed by Harris and lawmakers address some of the report’s recommendations, with an overall goal of keeping kids in class without turning to harsh school discipline. Several of the bills focus on attendance data-gathering by the AG’s office, the Department of Education, and county School Attendance Review Boards (which would be made mandatory by one of the five proposed bills).

The San Francisco Chronicle’s Melody Gutierrez has more on the issue. Here’s a clip:

Harris said California needs to better collect student attendance data and put it to use instead of waiting for that person to be deemed a menace to society and pouring billions into the criminal justice system.

[SNIP]

“We need to try to get ahold of our young people early and make sure they end up in the classroom and not the courtroom,” said Assemblyman Chris Holden, D-Pasadena, who authored one of the bills.

“With this slate of bills, we are not putting more students in the juvenile justice system, but inviting communities to intervene before they end up in the penal system.”

Harris’ report was the first statewide assessment of the truancy crisis, specifically examining elementary schools in each county and relaying the financial impact.


NEW YORK CITY NON PROFIT PARTNERS WITH PROBATION DEPT. TO GIVE YOUNG TAGGERS FORMAL ART LESSONS

In partnership with NYC Dept. of Probation, a nonprofit, “Paint Straight,” takes kids arrested for tagging and redirects them with formal painting lessons and mentorship. At the end of the 8-week program, parents, friends, and probation officers attend Paint Straight’s art show where the kids’ paintings are sold through a silent auction.

We at WLA think this is a much better way to address the issue of young people tagging, than former city attorney Carmen Trutanich’s push for gang injunctions against taggers back in 2009.

The Juvenile Justice Information Exchange’s Laura Bult has the story. Here’s how it opens:

Elijah Henriques, 15, always loved to draw. He began drawing on paper, then on his schoolbooks and eventually he started making graffiti. After a neighbor witnessed Henriques tagging mailboxes in his Ozone Park, Queens, neighborhood, police officers pulled him off a city bus and arrested him and his friends.

Two months later on a Saturday afternoon, his graffiti was exhibited at the Nuyorican Poet’s Café in the East Village in Manhattan. His artwork was part of a show organized by the “Paint Straight” program, a nonprofit that’s designed to encourage teenagers who have been arrested for vandalism to express their art in safe and legal ways.

“It helps you understand that doing it illegally is a waste of time. That you can do it on canvas, too,” Henriques said at the “All-City Paint Straight Program Finale.”

Eighteen other young artists who had been arrested for graffiti displayed their work alongside Henriques. Colorful 18-by-21 canvases rested on easels throughout the small dark bar. A DJ spun hip-hop records as probation officers and family and friends of the artists streamed in to view and bid on the art in a silent auction.

Ralph Perez, 49, founded “Paint Straight” five years ago in collaboration with the New York City Department of Probation for teens who have been arrested for nonviolent crimes. The program lasts eight weeks and is often a requirement of probation or offered as an alternative to community service.

“Paint Straight” participants meet once a week at their respective borough’s family court facilities and receive art education and mentorship. Perez said that, out of the 111 kids whom he has helped in the last year, only four have been re-arrested for vandalism…

(Read the rest.)


LOUISIANA MAN EXONERATED AND FREED AFTER A STAGGERING 30 YEARS ON DEATH ROW

Glenn Ford, a man who spent 30 years on death row in Louisiana for a murder he didn’t commit, was exonerated and released Tuesday afternoon. Through a massive miscarriage of justice—by police, prosecutors, judges, “experts,” and the defense attorneys—Ford was convicted by an all-white jury in 1984. His release makes him one of the longest-serving death row exonerees, to date.

The Atlantic’s Andrew Cohen has the story. Here’s a clip:

Isadore Rozeman, an elderly white man with cataracts, a man fearful of crime in his neighborhood, was murdered in his small jewelry and watch repair shop in Shreveport on November 5, 1983. Ford had done yard work for Rozeman and several witnesses placed him near the scene of the crime on the day of the murder. When he learned that the police were looking for him he went to the police station where, for days, for months, he cooperated with the investigation.

Ford told the police, for example, that a man he identified as “O.B.” had given him jewelry hoping that he, Ford, could pawn it. The police would later discover that this jewelry was similar to merchandise taken from Rozeman’s store. Ford identified one possible suspect in Rozeman’s murder, a man named Jake Robinson, and later suggested that “O.B.” was Robinson’s brother, Henry, who also may also have been up to no good.

With all signs pointing to the Robinsons, and with police under the impression that the one or both of the brothers still possessed the murder weapon, Ford was not immediately charged with Rozeman’s murder. He and the two Robinsons were instead charged three months later—only after Jake Robinson’s girlfriend, Marvella Brown, incriminated them by telling the police that Ford was with the Robinsons, and in the possession of a firearm, on the day of Rozeman’s murder.

Louisiana also relied on “experts” to build its case. The first, the parish coroner who had not personally examined Rozeman’s body, testified about the time of death and the fact that the shooter was left-handed. The second expert found a few particles unique to or characteristic of gunshot residue on Ford’s hands. The third, a police officer not certified as a fingerprint expert, concluded that a “whorl” pattern on Ford’s fingers was consistent with a single partial fingerprint lifted from a bag the police believed was used in the murder.

There was no murder weapon found. There were no eyewitnesses to the crime. There were legitimate reasons why Ford would have been around Rozeman’s store. The primary witness against Ford was a person, Brown, whose credibility and reliability were immediately challenged. Expert opinions were not definitive. The police had reason to believe that one of the Robinsons had killed Rozeman. And most of all Ford had not acted suspiciously in any way.

Ford’s murder trial was constitutionally flawed in almost every way. The two attorneys he was assigned were utterly unprepared for the job. The lead attorney was an oil and gas attorney who have never tried a case—criminal or civil—to a jury. The second attorney, two years out of law school, was working at an insurance defense firm on slip-and-fall cases. Both attorneys were selected from an alphabetical listing of lawyers at the local bar association.

During jury selection, prosecutors used their peremptory strikes to keep blacks off the jury. The reasons they gave for precluding these men and women from sitting in judgment of Ford were insulting and absurd. And leading up to and during the trial Louisiana did not share with the defense all evidence favorable to it as they were required to do under the United States Supreme Court’s constitutional command in Brady v. Maryland.

The prosecution’s case was based largely on the testimony of Brown, the girlfriend. Under cross-examination, however, she told jurors that the police had helped her make up the story she had told about Ford. When Ford’s attorneys later called her to the witness stand, she told jurors that a bullet left from an old gunshot wound to her head had affected her thinking. “I did lie to the Court… I lied about it all,” she said in court (remember, it was Brown’s story that led to Ford’s arrest).

After Brown’s credibility imploded on the stand, prosecutors turned to their “experts.” It was a case that cried out for rebuttal experts to make simple and obvious points. A coroner who did not examine the body could not accurately determine time of death or whether the shooter was left-handed. That sort of thing. But no experts testified for the defense. Why? Because Ford’s lawyers believed, mistakenly, that they would have to pay for the costs of these experts…


LA TIMES SEZ SUPE. MOLINA IS -MOSTLY- RIGHT TO BE FRUSTRATED BY COUNTY COUNSEL DENYING ACCESS TO LASD INTERNAL INVESTIGATION DOCS

Last week, LA County Supervisor Gloria Molina insisted county counsel should grant the board access to LASD internal investigation documents on questionable use of force incidents that wind up triggering lawsuits against the county. For instance, Molina wanted access to documents on one investigation in particular, regarding a deputy’s seventh shooting (after which he was placed back on patrol). Molina said, without being able to look at the files, the board could not hold the sheriff’s department accountable to the county, which last year had to pay $89 million in judgments and settlements. (We pointed to the story—here.)

An LA Times’ editorial says Molina is right to be frustrated by the county counsel’s withholding, but there’s more to it. Here are two clips:

She is correct that the county counsel prevents too much information from coming to people who need it to do their jobs. That’s in part because he must obey canons of legal ethics requiring him to protect the interests of his client — which is not simply the Board of Supervisors.

Like all municipal lawyers, the county counsel’s position is curious. His client is the county, a governmental entity consisting of elected officials such as the sheriff and the district attorney as well as the Board of Supervisors; thousands of workers; and in the case of Los Angeles County, 10 million constituents. With so many people who claim to be the client, and with so many competing legal interests to balance, the county’s lawyer can take on enormous power. He sometimes seems to be on both sides of the attorney-client privilege, directing the supervisors’ actions instead of taking directions.

The Times then points to the Supervisors’ own tendency towards secrecy in these cases:

But the supervisors have rarely hesitated to make that awkward relationship work in their favor. They frequently withhold information from the public or meet behind closed doors, then seek to excuse their actions by hiding behind legal advice that they are perfectly free to reject. The county counsel is their tool at least as often as he is their obstacle.

When it comes to obtaining confidential reports on the actions of sheriff’s deputies, members of the Board of Supervisors may have their hands tied by the Peace Officers’ Bill of Rights, a state law that, in the name of privacy, keeps far too much information about deputies’ use of force out of the hands not just of the supervisors but of the public. If the supervisors wanted to, they could put their not inconsiderable clout behind a legislative measure to modify that law.


REMINDER: SHERIFF CANDIDATE DEBATE

The first debate among Los Angeles County Sheriff candidates (save for Assistant Sheriff Jim Hellmold) is scheduled for tonight (Wednesday) at 7:00 pm, at the Van Nuys Civic Center (6262 Van Nuys Blvd.).

Leave a Comment