EDITOR’S NOTE: THE JAILS COMMISSION STORY IS STILL COMING. SO STAY TUNED
CARLOS & CARLOS: THE NAMESAKE AND THE WRONGFUL EXECUTION
Contributing editor at The Atlantic and legal analyst for 60 Minutes, Andrew Cohen, has the story behind the remarkable and disturbing story of the two men named Carlos—one of whom was executed for a murder the other Carlos has admitted to committing. Here are some clips:
11 p.m Monday, the Columbia University Human Rights Review published and posted its Spring 2012 issue — devoted entirely to a single piece of work about the life and death of two troubled and troublesome South Texas men. In explaining to their readers why an entire issue would be devoted to just one story, the editors of the Review said straightly that the “gravity of the subject matter of the Article and the possible far-reaching policy ramifications of its publication necessitated this decision.”
The article is titled “Los Tocayos Carlos: Anatomy of a Wrongful Execution” and it was written by James S. Liebman, Shawn Crowley, Andrew Markquart, Lauren Rosenberg, Lauren Gallo White, Lauren Rosenberg and Daniel Zharkovsky. Los Tacayos can be translated from Spanish as “namesakes” and the two men at the heart of the story were, indeed, named Carlos DeLuna and Carlos Hernandez.. On December 7, 1989, this intense piece establishes beyond any reasonable doubt, Texas executed the former for a murder the latter had committed.
[BIG SNIP]
The DeLuna case was flawed at virtually every level. And all it would have taken to do justice would have been for one prosecutor or cop, one judge or witness, to step up and tell the truth. That didn’t happen. And when it did, thanks to Liebman, Mills and Possley, it was too late for Carlos DeLuna.
What do I think happened? All of the things that go wrong every day in capital cases in this country, all of the human failings and official, institutional biases and prejudices and self-justifications and self-delusions that turn Justice Scalia’s Marsh concurrence into a farce. The bottom line? The criminal justice system decided, combustibly, that Carlos DeLuna was bad enough to be executed without a remotely fair process. The community was fine with the result. The media didn’t care. And the rule of law “covered” it all.
The Columbia University Human Rights Review is hidden behind a paywall. But the authors have made the entire article, plus supporting materia,l available here.
7 SHERIFF’S DEPARTMENT “JUMP OUT BOYS” RELIEVED OF DUTY
THE LA Times Robert Faturechi has the story. Here’s a clip:
Seven deputies from within the Los Angeles County sheriff’s gang unit have been placed on leave on suspicion that they belonged to a secret clique that celebrated shootings and branded its members with matching tattoos, sources confirmed.
The move is a sign of the intensifying nature of the probe of the “Jump Out Boys.” Suspicion about the group’s existence was sparked several weeks ago when a supervisor discovered a pamphlet describing the group’s creed, which promoted aggressive policing and portrayed officer shootings in a positive light….
TWO LASD TRANSIT POLICE BEAT DOWN A GUY WITH NO RECORD, NO GUN, NO DRUGS, NO NADA….
The always excellent Scott Moxley of OC Weekly has this hair raising story about two LASD Transit cops severely beating a man who made the mistake of tucking in his shirt within their vision. He sued in civil court and the jury hung.
Here’s a very troubling clip from deep in the story. But read the whole thing.
During Jones’ trial, Harper testified he was without remorse about his use of force. He’d done the man a favor, he explained, by not inflicting more damage. Without a hint of a smile, he asserted that, as a cop, he believed he had “the right to execute” Jones at the scene.
CALIFORNIA SUPREME COURT WILL HEAR CASE OF UNDOCUMENTED IMMIGRANT LAW SCHOOL GRADE WISHING TO BE ADMITTED TO THE STATE BAR
Cheryl Miller at Law.com has the story. Here’s a clip:
The California Supreme Court on Wednesday unanimously agreed to consider whether an undocumented immigrant should be admitted to the State Bar.
Sergio Garcia’s parents brought him to the United States when he was a young child, according to his attorney, Jerome Fishkin of Fishkin & Slatter in Walnut Creek. He graduated from law school and passed the California bar exam in 2009. The Committee of Bar Examiners has recommended Garcia’s admission, which means that he has received a positive moral character determination.
“We think he meets all the requirements to become a lawyer,” Fishkin said Wednesday afternoon. Fishkin contends that neither citizenship nor residency is required for applicants to be admitted to the bar. And he believes that other undocumented attorneys are practicing in California because they were licensed before bar examiners began asking regularly about candidates’ citizenship.
The court has asked for briefs from Garcia and the Committee of Bar Examiners on five questions: Does federal law preclude an undocumented immigrant’s admission to the State Bar? Does state law allow undocumented immigrants to obtain professional licenses in various fields, including the law and medicine? Does a law license imply that its holder can legally practice in California? Are there any legal or “public policy” limits on the immigrant’s ability to practice law? Do any other concerns arise if undocumented immigrants are allowed to practice?
The court has asked for amicus briefs specifically from the U.S. and state attorneys general.
The Florida Supreme Court is considering a similar case.
LA TIMES CALLS ON LEE BACA TO ASSERT HIS AUTHORITY, LIKE NOW
This is from the paper’s unsigned editorial.
The two former supervisors told a county commission created to investigate problems in the jails that a 2006 proposal to help break up deputy cliques was undermined by then-Assistant Sheriff Paul Tanaka, who has since become Baca’s second in command. Retired Lt. Alfred Gonzales and former Sgt. Daniel Pollaro testified before the Citizens’ Commission on Jail Violence that Tanaka met with jail supervisors and told them to “coddle” the deputies rather than crack down on them.
Such reports aren’t isolated. Last year, Robert Olmsted, a 32-veteran and former commander, said he had tried alert Baca and his bosses in the jails about violence and cliques but was told the culture within the jails couldn’t be changed.
Since the jails scandal broke last year, Baca has moved too slowly to address the problems he initially denied and later blamed on his command staff…
It’s well written and there’s more. So read the rest.
Tanaka “earns his ink” in a shooting at Lynwood when he is a sergeant and now proudly sports his Viking tattoo. And now he is the Undersheriff. What exactly did these goofs from OSS do? And they are ROD? At Tanaka’s direction? Got it. I can hear Tanaka now, “Just lay low boys until this blows over, I got your back.”
In regards to the OC Weekly article, I think most people would have difficulty describing its author as “excellent”, at least in this case. This incident has obviously aroused much emotion, but the writer seems to be feeling the most. The personal insults and attacks upon the deputies involved as well as the assignment they work are juvenile at best, and would not seem to be anything close to responsible journalism. Now I know the OC Weekly is a free “newspaper” with definite liberal views catering to the hydroponics crowd, so the article is not that surprising. But most people here are trying to have a serious conversation about serious issues. That cannot be done without a little simple respect for all parties involved. It would be nice if the blanket distrust of law enforcement in general and the LASD in particular could be lifted for a while in order to take a more subjective look at the hazards and spilt second decisions the men and women on this department are faced with on a daily basis. I doubt it will happen, though. It is much easier to describe all deputies as being murderous bullies, and then insult their appearance and upbringing. It seems like this is the only profession where stereotypes and personal remarks may be used to describe its members. But if we are going to have an adult debate, we need to act like adults.
779, You make a good point. Moxley is, for the most part, genuinely a good reporter, in terms of his digging and facts, and I read him from the perspective of knowing his body of work, plus the Weekly readers know his arch tone of voice as a writer, and have come to expect it. (It’s fairly consistent, no matter what the topic.)
However, if I were reading him for the first time, and he was writing about my profession, or a topic I cared about, I suspect I too would be irritated. Having read him for years, I’m not put off by it. But your comment is a reminder that being too flip can serve to trivialize an important issue, convey strong bias, and lower the level of the conversation.
Thanks for the comment.
C.
Did we forget the Tanaka Donation stuff or are we sticking to news that tickles the wire. This Deputy gang stuff is serious nonsense and is definitely not news.
Based on his story of the Harper/Sherred use-of-force incident, OC Weekly writer R. Scott Moxley sounds like a seriously biased and shallow, sarcastic punk. How can a “reporter” expect to be taken seriously when he crafts such a shallow, cutesy, gloss-over-the “facts” article laced more with hyperbole than reality? Wow!
As to the LA Times Editorial Board – if they hope to be viewed as having even an ounce of credibility, why didn’t their article call for Sheriff Baca’s resignation? There have been so many scandals on his watch, particularly with the last several months’ revelations about Tanaka’s corrupt activities with Baca’s acquiescence; does anyone really think this boob can continue to occupy the office of the sheriff?
The “always excellent Scott Moxley”? Yeah, he’s SO excellent that his story rates right up there with the other Top News Stories in that rag – “Best Lesbian Glass Blowing Golfer”, “Chapman University’s Undie Run 2012”, and “Why Is This Chinese Monkey Smiling?” Writing about how a lawyer looked like a young Rob Lowe in his article (among paragraphs of other useless commentary)? Oh yeah, Real impressive… ::rolling eyes::
Uh, about the Tanaka Donation info, shall I obtain them myself and start a blog that I know will get more than ten viewer.
Things…. I understand that you and a lot of others are impatient. We’ll put the final round of campaign donations docs out with our next Dangerous Jails story, which is held up for unrelated reasons. But it is in the works.
And, yes, if you don’t wish to wait, you can certainly get the documents yourself from the City of Gardena, through a Public Records Act request. You (and anyone else) have a legal right to see them. The PRA request is the correct tool to use. It’s not at all hard to do.
As for a blog, the more the merrier.
“Based on his story of the Harper/Sherred use-of-force incident, OC Weekly writer R. Scott Moxley sounds like a seriously biased and shallow, sarcastic punk.”
Really? So, a cop not being able to keep his story straight is a nonissue to you? That a cop has an anger management issue (personal experience) is irrelevant? We would say that it is HIGHLY relevant.
Furthermore, that a cop has an attitude of “I can kill people if I feel like it” is beyond ridiculous.
“It would be nice if the blanket distrust of law enforcement in general and the LASD in particular could be lifted for a while in order to take a more subjective look at the hazards and spilt second decisions the men and women on this department are faced with on a daily basis.”
WOW! The split second decisions…to write up a fair jumper or not to write up a fair jumper? That is a REALLY difficult decision. The fact is that Scott Harper is a corrupt cop. He NEEDS to be relieved of his badge IMMEDIATELY!!!