Wednesday, August 20, 2014
street news, views and stories of justice and injustice
Follow me on Twitter

Search WitnessLA:

Recent Posts

Categories

Archives

Meta

Merrick Bobb’s Final Report is Candidly Scathing About Paul Tanaka…Among Other Topics

August 8th, 2014 by Celeste Fremon


For 22 years, Merrick Bobb has been the Los Angeles Board of Supervisors’ special counsel
when it comes to oversight of the sheriff’s department.

Bobb issued his last report on the department on Thursday. Now all oversight of the LASD will be left up to Inspector General Max Huntsman, who has yet to completely gear up.

Bobb’s work provided the very first long-term civilian oversight of law enforcement in the nation’s history. There were many areas in which Bobb and the 1992 Kolts commission were able to achieve important change, as this final report points out.

Under Lee Baca, however, the cooperation that Bobb and his command staff had enjoyed under Sherman Block, began to wither.

“While relationships remained cordial with Baca,” in the jails, Bobb writes, “an anti-reform counter movement took over as certain recent Undersheriffs rose to the forefront and Sheriff Baca’s and the Supervisors’ attention seemed to be focused elsewhere.”

The report continues: “…brutality seems to have festered in the jails. Across the Department, deputies were affirmatively encouraged to ‘work in the gray zone’—an apparent green light for unconstitutional or near-unconstitutional misconduct.”

Work the gray was, of course, one of former undersheriff Paul Tanaka’s signature phrases, a phrase that he has repeatedly maintained had nothing to do with suggesting that deputies cross the line into illegality, although multiple independent sources suggest otherwise.

Under Baca, Bobb writes, “accountability for discovering and dealing with actual or potential misconduct was not very high on the list of priorities….”

This disregard by Baca and Tanaka for holding deputies accountable for their misconduct, Bobb writes, all but called for the involvement of the FBI to discover “….what was going on in front of their eyes.”

Bobb takes Baca to task for allowing his underling, Tanaka, too much power. Yet he reserved the bulk of his criticism regarding the problems with the department, for the former undersheriff himself.

“To say that Sheriff Baca over-delegated to Paul Tanaka understates the matter. Paul Tanaka has been considered by some to be bright, good with numbers and budgets, and skilled at handling fiscal crises. Nevertheless, with regard to police accountability, reform, rewarding constitutional policing, and engendering the active support and trust of the ever-diversifying community, the man seemed to avoid evolving substantially from his days as a Lynwood Viking.” [WLA's ital.]

“Lee Baca placed great importance on loyalty to subordinates and the duty to mentor future leaders. Paul Tanaka managed to repay Baca’s loyalty, quick promotions, and sustained mentoring by undercutting the Department’s moral authority and mocking the values that Lee Baca so often professed to be central to his vision.”

And during all this time, the board of supervisors, by and large, Bobb suggests, did nothing.

The creation and selection of an inspector general—Max Huntsman- is meant to signal a new kind of oversight of the sheriff’s department. It has also meant the elimination of Bobb’s role as special counsel and the similar elimination of Michael Gennaco’s Office of Independent Review, (OIR).

Yet, it remains unclear how successful Huntsman will be able to be considering the fact that Bobb’s reports of problems and wrongdoing were so cheerfully ignored year after year, with no consequence whatsoever for the sheriff and those to whom he delegated.

In November, of course, we will have a new sheriff, and that sheriff will likely be Jim McDonnell, a man who has repeatedly made clear that he welcomes aggressive oversight. McDonnell was even strongly in favor of a civilian commission, in addition to an IG, an option that the board of supervisors voted down this week.

Yet, it was also this week that Paul Tanaka announced in a tweet that he was still running for sheriff, providing a potent reminder that we cannot have a system of departmental oversight that is dependant on the goodwill of the sheriff for its effectiveness or lack thereof, as has been the case in the past.

Such an arrangement—as this and other reports from Merrick Bobb vividly attest— can easily lead to catastrophe.

Under Lee Baca and Paul Tanaka, catastrophe arrived.

There is much more to Bobb’s report, including an analysis of litigation against the department, a look at employee discipline, an update on the canine units, and a critique of the LASD’s strategy of gang enforcement.

The section on gang enforcement, in particular, is well-informed and thoughtful in its analysis, and should be scrutinized carefully by the next sheriff for its usefulness, as the points that it makes are remarkably consistent with what we have heard over the past decade from community members who live and work in the Los Angeles neighborhoods that are the most adversely affected by gang violence.


A large thank you to Merrick Bobb for his 22 years of commitment to improving the Los Angeles Sheriff’s Department for the people of LA and for the men and women who protect and serve at the LASD.

Posted in FBI, Gangs, LASD, Los Angeles County, Paul Tanaka, Sheriff Lee Baca | 50 Comments »

Tanaka Reappears with Tweet, LAPD Chief Beck Horse Purchase Controversy, Juvenile Justice Recommendations for Law Enforcement…and More

August 7th, 2014 by Taylor Walker

PAUL TANAKA RESURFACES WITH A TWEET, SAYS CAMPAIGN IS TAKING THE SUMMER OFF

On Monday we pointed to a story by KPCC’s Frank Stoltze asking where former undersheriff and current sheriff-hopeful Paul Tanaka (and his campaign staff) had disappeared to.

At the time of Stoltze’s story, Tanaka’s had last posted on Twitter June 3 (primary election day). The following day, after garnering only 15% of the vote, he posted on Facebook thanking those who voted for him, and saying that efforts must be redoubled moving forward. A month and a half later, the only new notes on either social media platforms were from supporters on Facebook wondering what had happened to the campaign.

On Tuesday, likely in response to Stoltze’s story, Tanaka posted an update both on Twitter and Facebook confirming that he is still in the race, but no longer campaigning. The Facebook update reads, “We are still in the race but giving our supporters an opportunity to spend the summer with their families. Thank you for understanding.”

ABC7′s Miriam Hernandez has more on the story. Here are some clips:

“It looks like this campaign went into hibernation,” said Jessica Levinson, a Loyola Law School professor and political analyst.

Where’s Tanaka? He vacated his Gardena headquarters, ignored an Eyewitness News request for an interview, and since early June, has been a no-show on social media — until a single tweet went out on Tuesday:

“We are still in the race but giving our supporters an opportunity to spend the summer with our families.”

“I think that anyone who really is running a full-force campaign would not wait until Labor Day to gear up,” said Levinson.

[SNIP]

Tanaka is sometimes visible at Gardena City Hall. He was elected to a third term last spring as mayor. The staff tells Eyewitness News he does not keep office hours, but has not missed a council meeting.

As for the sheriff’s run, one former Tanaka campaign manager says he and others have left.

“Paul is working on putting together a new team for the General Election run. Given the results of the primary, I think a shake up is needed,” said former Tanaka campaign manager Ed Chen

Also needed: funding. Tanaka’s filings with the Los Angeles County Registrar’s Office fill 10 pages, compared to 145 for McDonnell.

What we also learn from the registrar is that there’s no procedure for bowing out of the race. Tanaka’s name will be on the ballot, no matter what.


CONTROVERSY OVER LAPD CHIEF CHARLIE BECK’S INVOLVEMENT IN POLICE HORSE SALE

As the LA police commission’s Tuesday vote on whether to reappoint LAPD Chief Charlie Beck draws nearer, questions have been raised about his involvement in the department’s purchase of a horse from his daughter, Brandi Scimone (Pearson), an officer in the mounted unit.

When the issue originally surfaced, Chief Beck told the public that he was not involved in any way with the $6,000 horse transaction.

But documentation of the purchase bearing Beck’s signature was obtained by the LA Times. LASD spokesman Commander Andrew Smith told KPCC’s Frank Stoltze that the chief only signed off at the very end, after the horse had passed the customary, rigorous evaluation process.

Members of the police commission expressed concern with the discrepancy, but still appeared to be supportive of Beck (as did Mayor Eric Garcetti).

Here’s a clip from Stoltze’s story on the issue:

“That paperwork steered completely around me,” Beck told reporters gathered around him at police headquarters. “I kept it in Chief Moore’s shop,” said Beck, referring to Assistant Chief Michael Moore.

Now, the Los Angeles Times has published an LAPD memo that includes Becks’ signature, approving acceptance of the horse as a donation from the Police Foundation. The Foundation used $6,000 in private money to purchase the horse from the chief’s daughter, Brandi Pearson, for use in the department’s mounted unit. Pearson is an LAPD officer who is assigned to the mounted unit.

“The document would appear to be inconsistent with what he said,” Police Commission member Robert Saltzman said. “I was surprised and troubled by the document.”

“I think when there is an appearance of conflict of interest, we should bend over backwards to make sure the transaction is handled by others,” Saltzman added.

Then, on Wednesday evening, Chief Beck issued a statement saying he was mistaken in his first statements regarding the issue:

“Yesterday, I stated that the paperwork for the donation of a horse originally owned by my daughter, LAPD Officer Brandi Scimone, and purchased with private funds ‘steered completely around me.’ Since that time, I reviewed the file and realized that I had signed the LA Police Foundation’s Grant Request after the donation had been evaluated and approved by the Office of Special Operations and had also signed the Intradepartmental Correspondence to the Board of Police Commissioners to approve of the donation. Therefore, I now realize that my comments were mistaken.”

“After evaluating the circumstances of this donation, in retrospect, I should have ensured that the Department had formally transmitted to the Commission the additional documentation on file which identified the original owner of the horse. I will continue to work with the Commission to increase the Department’s transparency.”

Police commission president Steve Soboroff also issued a statement saying that after reviewing all information, he was satisfied that the chief had no involvement with the decision to purchase the horse.

Here’s a clip from CBS:

L.A. Police Commission President Steve Soboroff said he was “satisfied the commission will have sufficient disclosure going forward” based on Beck’s statement.

“After reviewing the information provided to date by the Department, the Inspector General, and Chief Beck, I am comfortable that the Chief was not involved in the selection, evaluation or purchase of the horse (by the LAPD Foundation) that was previously owned by Chief Beck’s daughter, LAPD Officer Brandi Scimone, and that he did not influence any decision to accept the donation by the Department,” Soboroff added.

The comments follow just hours after Beck came under fire when the memo addressed to him from Capt. Patrick Smith, dated March 14, 2014, emerged in a report by The Los Angeles Times.

The document explains the animal’s qualifications for service on the LAPD, and that the cost of the horse would be covered by a private donor, but identifies the seller only as “a department employee assigned to the Mounted Platoon,” rather than by name.

EDITOR’S NOTE:

We at WitnessLA have long thought highly of Los Angles Police Department chief Charlie Beck. Even before he was selected to head our city’s police department, we found him to be a straight shooter who loved policing but was realistic about the department’s imperfections, and about the necessity of healing its relationships with the communities it served. After he became chief, we observed his hand to be a steady one at the wheel. We also noted that Beck was a man unafraid to learn and change on the job (as evidenced by his recent efforts to be more transparent). As a consequence, the LAPD has improved considerably under his leadership.

That is why we are dismayed at the string of accusations of conflicts of interest and favoritism that have plagued Beck in the last few months. For instance, this past spring there was the chief’s controversial reversal of the decision to fire Shaun Hillmann, whose uncle happens to be a well-known former LAPD deputy chief. And, more recently, there are the allegations that a sergeant who reportedly had less-than-appropriate relations with two female officers, the chief’s daughter one of them, received a lighter form of discipline than was originally planned or was called for.

Finally, there is the matter of the purchase of Beck’s daughter’s horse for the department—a story we originally thought to be a silly non-controversy. Then suddenly there was the perception, at least, that Beck was less than one hundred percent honest about his involvement in all this horse buying business, a mistake that Beck has mostly rectified, as of Wednesday night.

We have no doubt that Chief Beck should be awarded a second five-year term next Tuesday when the police commission is scheduled to vote. Letting the chief finish the work he has begun at the LAPD is assuredly the best choice for our city. But a new contract should not be confused with a blanket approval of all of Beck’s actions.

Even the appearance of favoritism, especially when it comes to discipline, is toxic for a law enforcement organization.

This means that, whatever the truth of the various controversies, Chief Charlie Beck must work quickly and aggressively to correct the appearance that the rules are different for some favored people in the department that he leads.


ACTIONS FOR LAW ENFORCEMENT LEADERS TO TAKE TO REFORM THE JUVENILE JUSTICE SYSTEM

An important new report from the International Association of Chiefs of Police offers 33 recommendations for law enforcement leaders to reform the juvenile justice system at the local, state, and federal levels. The report was produced with the support of the MacArthur Foundation.

The report addressed areas for reform such as partnering with kids and their families, developing alternatives to justice system involvement and incarceration, data collection, and helping kids graduate. The report’s recommendations were developed at a National Summit on Law Enforcement Leadership in Juvenile Justice, where they received input from such advocate organizations as Justice for Families.

Here are the recommended actions for law enforcement leaders to improve interaction with kids who have behavioral disabilities and history of trauma:

Prevalent challenges: A large proportion of the young people who come into contact with law enforcement have mental health conditions, substance abuse problems, developmental disabilities, or trauma histories. These youth present distinct challenges in terms of how they interact with law enforcement and what their needs are. Law enforcement officers need training and protocols to enable them to better understand these issues and respond effectively.

Connecting youth and families with resources: Young people and their families are often in need of a wide range of services, and absent these services, criminal justice remedies alone will not be effective. As the first point of contact with many youth and families—long before any social services agency might learn of their needs—law enforcement officers have an opportunity to connect them with needed resources.

Recommendations

Law enforcement policies, practices and training should enable officers to respond appropriately to youth with mental health and substance abuse disorders and trauma histories by empowering officers to:

- understand the impact of these disorders and background on youth behavior;

– recognize and interpret the needs of a youth during first contact;

– respond appropriately with the aid of crisis intervention techniques to de-escalate conflicts and maximize the safety of officers, youth, and others; and

– make appropriate referrals to community-based services and minimize justice system involvement whenever possible.

Training on youth with trauma histories should include information on:

– the powerful and lasting effects trauma has on young people and their behavior;

– ways that arrest and detention can contribute to youth trauma; and

– the critical role of law enforcement in helping children recover from traumatic experiences by reinforcing safety and security.

As the first point of contact with many young people and families, law enforcement agencies have a unique vantage point to recognize unmet needs for behavioral health services and to collaborate with local government agencies and community-based providers to address systemic gaps in services.


LA TIMES’ ROBERT GREENE ON THE SUPES’ LASD OVERSIGHT DECISION

On Tuesday, the LA County Board of Supervisors voted down the creation of a civilian commission to watch over the sheriff’s department. The Supes also chose to bind the department’s Inspector General to the board through an attorney-client relationship. This means that the Supes could receive his reports in closed-door meetings.

The LA Times’ Robert Greene says that what the sheriff’s department needs is oversight that reports to the public, not just the county supervisors.

Here’s how it opens:

In arguing against a civilian commission to oversee the Sheriff’s Department, Richard Drooyan on Tuesday read the Los Angeles County Board of Supervisors a key passage from the report on jail violence he helped write in 2012. Such a commission, he said, “is not necessary if the Board of Supervisors continues to put a spotlight on conditions in the jails and establishes a well structured and adequately staffed OIG” — meaning the new Office of Inspector General.

They are the correct words to draw from the findings and recommendations of the Citizens Commission on Jail Violence, but they should direct readers to the opposite conclusion.

An oversight commission is not necessary if — and it’s the key “if” — the supervisors continue to focus on the jails and if they establish a well-structured and adequately staffed OIG.

In fact, as to the first “if,” the long, sorry record of the Board of Supervisors’ failed oversight of the Sheriff’s Department shows that its attention is too unfocused over time to properly do the job. That’s the whole point: Los Angeles County is facing federal court jurisdiction over treatment of inmates, has seen six deputies convicted of obstructing an FBI investigation and a dozen others indicted on various charges, and is paying out millions of dollars in lawsuit verdicts and settlements because the board was inadequate to the task of oversight.

It’s not that the supervisors weren’t on notice of the problems, which were detailed for them every six months, along with recommendations, by Special Counsel Merrick Bobb. They were indeed on notice, but somehow lacked the will or the ability to do much about it.

Now, after rejecting a civilian oversight commission on Tuesday, a majority of the supervisors insist that everything will change. They’ve learned their lesson. They’ll do better. They really mean it this time.

Posted in Charlie Beck, juvenile justice, LA County Board of Supervisors, LAPD, LASD, Paul Tanaka | 13 Comments »

LASD Civilian Oversight Rejected, Thousands of Clemency Candidates Have No Right to Counsel, LAUSD Supt. Deasy Urges Staff to Reduce Dropouts…and More

August 6th, 2014 by Taylor Walker

LA COUNTY SUPES VOTE AGAINST LASD CIVILIAN OVERSIGHT

With a 3-2 vote on Tuesday, the LA County Board of Supervisors rejected a motion to form a civilian panel to oversee the sheriff’s department. Supervisor Zev Yaroslavsky said that such a commission would have no real authority over the department, and that the access of the Inspector General should be figured out before the Supes create more oversight. It should be noted that both candidates to replace Yaroslavsky in November have said they are in favor of establishing a citizen’s commission.

KPCC’s Rina Palta has more on the decision. Here’s a clip:

Supervisor Mark Ridley-Thomas, who along with Supervisor Gloria Molina proposed a civilian commission, said rejecting the idea was tantamount to accepting the “status quo.”

The board itself, as one of the primary bodies that has some power and a pulpit to bring issues at the sheriff’s department to light, “cannot pay enough attention” to the department, Ridley-Thomas said.

“We need help,” he said.

Supervisor Zev Yaroslavsky said the board should make the time. He also said the newly created Office of the Inspector General — whose powers the board considered in an ordinance Tuesday — should have time to take shape before the county creates a whole new commission.

“When everyone’s in charge, no one’s in charge,” Yaroslavsky said.

Yaroslavsky further predicted that the U.S. Department of Justice, which brought criminal indictments against 21 current and former sheriff’s employees over the past two years, may end up seeking court oversight of the department.

“It’s becoming abundantly clear that the justice department will compel the sheriff’s department and this county to be accountable for constitutional policing, either through a consent decree or a memorandum of agreement,” Yaroslavsky said.

Unlike a civilian commission — which would lack formal authority — such an intervention would have real teeth, he said.


THOUSANDS OF FEDERAL PRISONERS FITTING NEW CLEMENCY CRITERIA HAVE NO RIGHT TO AN ATTORNEY

In April, the Department of Justice announced new clemency criteria that widened the pool of federal prisoners that could apply for a presidential pardon—namely non-violent drug offenders sentenced under outdated laws.

Late last week, the Administrative Office of the Courts issued a memo saying that federal prisoners seeking clemency in non-capital cases do not have a constitutional right to counsel from a public defenders or court-appointed attorneys. The original initiative announced by the Justice Department affects thousands of inmates.

Aljazeera America’s Alia Malek and Evan Hill have the story. Here’s a clip:

In a memo circulated to federal defenders and the chief judges of all U.S. district and appellate courts on Thursday, General Counsel Robert Loesche wrote: “There is no Sixth Amendment right to counsel for purposes of seeking executive clemency and no statutory right, except in capital cases … there is no authority under the CJA [Criminal Justice Act] or other law to appoint counsel in non-capital clemency proceedings.”

Under that interpretation, federal defenders, whose salaries are paid by the government, and court-appointed private attorneys, who receive federal reimbursement when they are called in for service, could not legally be paid for representing clemency candidates.

The decision is a considerable setback for a coalition of legal and advocacy groups that has stepped in at the Justice Department’s behest to lead the clemency effort, which the department has heralded as a cornerstone of the administration’s criminal justice reform agenda.

It would sideline many lawyers who have come to know their clients’ cases intimately over years of work, requiring them to turn over the task of filing clemency petitions — which draw on a prisoner’s personal and legal history — to new attorneys.


LAUSD SUPT. DEASY ASKS SCHOOL ADMINISTRATORS TO PUSH TO END DROP OUTS, ASSIGNS THEM EACH A STRUGGLING STUDENT

During a speech to kick off the new school year, LAUSD Superintendent John Deasy called upon school administrators to make a personal effort to lower the drop out rate. Deasy distributed 1,500 names of struggling students entering the 10th grade across the district. Deasy asked each administrator to reach out to one kid at risk of dropping out, and help them graduate in three years.

The LA Times Howard Blume has the story. Here’s a clip:

Much of Deasy’s talk at Garfield High School in East Los Angeles celebrated progress in the nation’s second-largest school system, including rising graduation rates. The most recent rate was 82%, Deasy said, including students who stayed enrolled longer than four years.

He quickly turned to another figure: 6,950, the number of dropouts from that same class. Deasy said that number could be brought down to zero and implored his audience to “reach out to one youth at a time, every single one of us.”

To that end, 1,500 sealed envelopes, each containing a student’s name, were placed on seats in the recently rebuilt Garfield High auditorium. The superintendent asked administrators to reach out to the students — all were freshmen last year who are at risk of dropping out. They had problems with attendance, discipline, failed classes or low test scores — or a variety of these, district spokeswoman Ellen Morgan said. Some are in foster care, some are learning English and some are disabled.


RECOMMENDED WATCHING: PBS’ “15 TO LIFE”

On Monday, PBS aired a documentary, “15 to Life: Kenneth’s Story,” about Kenneth Young, a man who was sentenced as a teenager whose armed robbery landed him four consecutive life sentences without the possibility of parole. (We linked to it here.) You can now watch the entire documentary on the PBS website for the next month, in case you missed it.

Posted in Education, Inspector General, LA County Board of Supervisors, LASD, LWOP Kids, Public Defender, School to Prison Pipeline | 2 Comments »

How is LA doing on DCFS Reform?….Hostage Deaths and the LASD Oversight Debate….Feds Find Unchecked Violence Against Teens at Rikers….and a Homeboy Food Truck

August 5th, 2014 by Taylor Walker

LA CHILD WELFARE REFORM “CHECKUP” REPORT STRESSES IMPORTANCE OF MEDIA PRESSURE TO KEEP DCFS REFORMS MOVING

Fostering Media Connections has released a 23-page report stressing the necessity for “hyper-vigilance” to propel LA County’s efforts to reform the dysfunctional Department of Children and Family Services after a Blue Ribbon Commission on Child Safety presented the Board of Supervisors with a final report and 42 recommendations.

The report, the first of a series of quarterly “checkups,” says that progress is being made on some of the recommendations (the county is working toward appointing a child welfare czar, for instance), but that momentum has slowed, and no new money seems to be making its way toward implementing these recommendations meant to better protect kids involved in the child welfare system.

Here are some clips:

The problem is that the county’s public administration is immense, and its bureaucracy can grind down the highest-minded of reforms. Soon, two new supervisors will replace those who have termed out, and two more are slated to change over in two years. The county’s chief executive officer has announced his resignation.

Any chance of seeing the dramatic change envisioned by the BRC will require hyper- vigilance.
In December 2013, the 10-person commission filed an interim report with a list of recommendations that were all but ignored by the Board of Supervisors.

The commission was so incensed by the lack of action that it laced its final report, released in April of this year, with hyperbole meant to attract media attention and influence the supervisors to action.

“Sustainable reform will require the Board of Supervisors to declare something akin to a STATE of EMERGENCY within the child welfare system, since clearly, the present system presents an existential threat to the safety and protection of our children,” the commission wrote.

It worked. The news media ran headlines decrying this “state of emergency,” and two months later, the Board of Supervisors approved all of the commission’s recommendations. This included the creation of an Office of Child Protection, which would be headed by a leader with the power to alter budgets and staffing decisions across child-serving agencies. By the end of June, the supervisors had named nine members to a “transition team” charged with creating a new child protection czar.

On August 12, 2014, the transition team will present a five-page progress report to the Board of Supervisors, which includes a job description for the Office of Child Protection and describes its role in implementing the BRC’s reforms.

Besides the creation of advisory bodies, designation of roles and public hearings, what has changed for children in Los Angeles County?

[SNIP]

There has been some movement to increase law enforcement’s role in child protection, definite steps toward designating a child protection czar, and concurrent developments that align with the BRC’s recommendations on increasing payments to kinship caregivers. But we have not uncovered any evidence that new monies have followed the recommendations, or any concrete assurance that the county will follow through on the myriad child protection improvements approved by the Board of Supervisors.

If child protection reform is viewed in terms of child development, one could say that it is still in its infancy in LA County. While able to swipe at broad concepts with unsure hands, the reform movement as laid out by the BRC is as of now incapable of manipulating its nascent but growing authority with much substance. It’s likely too early to know whether or not the reform’s development is delayed, but it is clearly not precocious.

Understanding the news media’s unique power to impel action, Fostering Media Connections is offering these quarterly checkups in the hopes that they will spur continued attention and nourish the reform effort.

KPCC’s Rina Palta interviewed Fostering Media Connection’s founder, Daniel Heimpel, about the report. Here’s a clip:

“What we see is a lack of real strong urgency,” Heimpel said. “A lot of that has evaporated and that’s been a little bit disheartening.”

The Blue Ribbon Commission made 42 recommendations the board then endorsed, but Heimpel said he’s unclear how they will be carried out.

“We have not seen any evidence that any financial resources have been committed to these reforms,” Heimpel said.


LASD IG SAYS OFFICERS’ MISTAKEN KILLING OF HOSTAGES HIGHLIGHTS THE NEED FOR ACCESS TO LASD RECORDS

Today the LA County Board of Supervisors will consider establishing a civilian panel to oversee the Los Angeles Sheriff’s Department. The board will also discuss what kind of access to LASD records Inspector General Max Huntsman should have. (Interim Sheriff John Scott has called for an IG-LASD relationship bound by attorney-client privilege. Sheriff candidate Jim McDonnell told ABC7 he doesn’t believe it’s necessary.)

Huntsman says recent officer shootings of innocent people highlight the need for his office to have open access to LASD records, including personnel files, in order to make certain the department’s internal investigations are thorough.

On Friday, a sheriff’s deputy shot and killed an innocent man he mistook for a suspect during a hostage standoff. Frank Mendoza’s death marked the second mistaken killing by a deputy since April, when John Winkler, an LA production assistant who had been held hostage was gunned down by officers while trying to escape. (Winkler’s family has since filed claim against the sheriff’s dept. to the tune of $25 million.)

The LA Times’ Catherine Saillant and Jeff Gottlieb have more on the issue. Here are some clips:

Frank Mendoza, 54, was shot when a deputy mistook him for an armed suspect who had broken into the Mendoza home late Friday afternoon, authorities said. The gunman, 24-year-old Cedric Ramirez, took Mendoza’s wife captive and held her until a tactical team entered the house and fatally shot him eight hours later, authorities said. The wife was unharmed.

The case is now under investigation by the Sheriff’s Department’s internal affairs unit as well as the district attorney and coroner, as is customary in officer-involved shootings.

But Max Huntsman, the new civilian monitor in the Sheriff’s Department, said Sunday the case underscores the need for his unit to also review all records, including a deputy’s personnel files, in deciding whether the department does a thorough job investigating.

The Los Angeles County Board of Supervisors appointed Huntsman after a series of scandals in the department, which culminated with federal charges against sheriff’s officials over alleged inmate abuse in the jail system.

The Sheriff’s Department and Huntsman are still negotiating how much access the inspector general should have.

[SNIP]

Huntsman said his office will be closely involved with internal investigations that are underway in the Pico Rivera case.

The inspector general cannot conduct an independent investigation without access to the deputy files. But the office will review the sheriff’s inquiries to “make sure they are done in a correct way,” Huntsman said. If better training or changes to in-field tactics are necessary, his office will follow up with recommended changes, he said.


FEDERAL INVESTIGATION FINDS “DEEP-SEATED CULTURE OF VIOLENCE” AT RIKERS ISLAND’S JUVENILE FACILITIES

The office of United States Attorney Preet Bharara released a 79-page report detailing Rikers Island guards’ excessive (and unchecked) use of force against incarcerated teenage boys. The report says the NYC Department of Corrections does not adequately protect boys between the ages of 16-18 from unnecessary harm from guards, other inmates, and overuse of punitive solitary confinement. The investigation found that since 2012, nearly 44% of teens at Rikers had been subjected to at least one use of force, and that blows to the boys’ faces and heads occurred “at an alarming rate.”

The US Attorney’s office has given the NYC DOC 49 days to respond to the report, and threatened a federal lawsuit if the city did not begin working toward remedying the problems highlighted in the report.

The NY Times’ Benjamin Weiser and Michael Schwirtz have the story. Here’s a clip:

The report, addressed to Mayor Bill de Blasio and two other senior city officials, singled out for blame a “powerful code of silence” among the Rikers staff, along with a virtually useless system for investigating attacks by guards. The result was a “staggering” number of injuries among youthful inmates, the report said.

The report, which comes at a time of increasing scrutiny of the jail complex after a stream of revelations about Rikers’s problems, also found that the department relied to an “excessive and inappropriate” degree on solitary confinement to punish teenage inmates, placing them in punitive segregation, as the practice is known, for months at a time.

Although the federal investigation focused only on the three Rikers jails that house male inmates aged 16 to 18, the report said the problems that were identified “may exist in equal measure” in the complex’s seven other jails for adult men and women.

In just one measure of the extent of the violence, the investigation found that nearly 44 percent of the adolescent male population in custody as of October 2012 had been subjected to a use of force by staff members at least once.

Correction officers struck adolescents in the head and face at “an alarming rate” as punishment, even when inmates posed no threat; officers took inmates to isolated areas for beatings out of view of video cameras; and many inmates were so afraid of the violence that they asked, for their own protection, to go to solitary confinement, the report said.

Officers were rarely punished, the report said, even with strong evidence of egregious violations. Investigations, when they occurred, were often superficial, and incident reports were frequently incomplete, misleading or intentionally falsified.

Among more than a dozen specific cases of brutality detailed in the report was one in which correction officers assaulted four inmates for several minutes, beating them with radios, batons and broomsticks, and slamming their heads against walls. Another inmate sustained a skull fracture and was left with the imprint of a boot on his back from an assault involving multiple officers. In another case, a young man was taken from a classroom after falling asleep during a lecture and was beaten severely. Teachers heard him screaming and crying for his mother.


BE ON THE LOOKOUT FOR HOMEBOY INDUSTRIES’ NEW FOOD TRUCK THIS FALL

Homeboy Industries has announced the launch of a new Homeboy food truck that will grace the streets of LA this fall. The gourmet food truck will make its debut in September, creating new jobs for Homeboys and new connections with the community.

Posted in DCFS, Foster Care, Homeboy Industries, Inspector General, Jim McDonnell, juvenile justice, LA County Board of Supervisors, LASD, media, Sheriff John Scott, solitary, U.S. Attorney | No Comments »

Creating Civilian Oversight of the Sheriff’s Dept….Paul Tanaka Campaign Inactive….LA Times Urges Five More Years for LAPD Chief Beck….and 91% ATF Drug Sting Arrests are of Minorities

August 4th, 2014 by Taylor Walker

SUPE RIDLEY-THOMAS, JIM MCDONNELL, OTHERS DISCUSS LASD CIVILIAN OVERSIGHT ON ABC7 “EYEWITNESS NEWSMAKERS”

On Tuesday, the Board of Supervisors will consider creating a civilian commission to oversee the sheriff’s department.

Supervisor Mark Ridley-Thomas appeared on ABC7′s “Eyewitness Newsmakers” Sunday morning with host Adrienne Alpert to discuss the issue. He was joined by LBPD Chief (and LA sheriff hopeful) Jim McDonnell, Miriam Krinsky, the former executive director of the Citizens’ Commission on Jail Violence, and Lt. Brian Moriguchi, president of the Professional Peace Officers Association.

Ridley-Thomas urged his fellow supervisors to vote in favor of the commission Tuesday, without further delay.

Jim McDonnell agreed that the commission should be created, and said that it’s establishment could help the county ward off a federal consent decree. McDonnell said it should be set up while the particulars of the Office of Inspector General are being decided, so that they work together properly. McDonnell also told Alpert that the IG should report to the civilian commission and that he does not believe the IG should have to be bound to the LASD by attorney-client privilege (as interim Sheriff John Scott has recommended).

PPOA president Moriguchi disagreed with Ridley-Thomas and McDonnell about the timing, saying that the OIG should be established before a civilian commission, and that effective oversight is of greater importance than simply creating more oversight.

And while the Citizens’ Commission on Jail Violence chose to not take a position on the issue, former executive director of the commission, Miriam Krinsky, urged the creation of a permanent civilian watchdog panel.

Here’s a clip from Alpert’s pre-show story:

After years of reports of mismanagement, corruption and brutality in the sheriff’s department, Ridley-Thomas says the board should not wait any longer to approve the commission.

Speaking on Sunday’s “Eyewitness Newsmakers,” Ridley-Thomas said, “What are we waiting for? More federal indictments? What are we waiting for? More embarrassment?”

Appearing with the supervisor, the leading candidate for sheriff, Long Beach Police Chief Jim McDonnell, who supports the citizen commission, said it could help L.A. County avoid a federal consent decree imposed on the sheriff’s department. “I think it could happen,” said McDonnell. “We have an opportunity to put oversight in place.”

The LA Times also had a Sunday editorial urging the board to vote in favor of creating the commission.


PAUL TANAKA, CAMPAIGN STAFF M.I.A.

Former undersheriff Paul Tanaka did not respond to requests to speak on Newsmakers (story above).

In fact, KPCC’s Frank Stoltze says it appears his campaign headquarters has been deserted for about a month. While Tanaka was unreachable (as were his campaign manager and his chief fundraiser), his campaign consultant, Reed Galen, says he is no longer employed by Tanaka.

Political scientist and head of the Center for the Study of L.A. at Loyola Marymount, Fernando Guerra, says the former undersheriff should shut down campaign operations and go on vacation after only receiving 15% of the vote in the primary election (to Jim McDonnell’s 49%).

What Tanaka is actually going to do remains unknown.

Here are some clips from Stoltze’s story:

The once bustling campaign headquarters of Paul Tanaka, tucked in the middle of a Torrance strip mall is empty now. No volunteers busily calling voters, no campaign signs stacked high. No Tanaka buzzing around, giving orders and thanking people. One of the agents at the State Farm Insurance office next door says Tanaka’s people decamped about a month ago.

KPCC calls and emails to both the would-be sheriff’s campaign manager and chief fundraiser went unreturned. His campaign consultant during the primary election, Reed Galen, said he no longer works for Tanaka. He did not elaborate.

Tanaka, a former undersheriff who finished second in the primary, has not returned numerous calls this week or responded to emails. He didn’t appear to be home at his Gardena residence on Friday afternoon.

[SNIP]

The most recent post on Tanaka’s campaign website was June 5, when he thanked supporters. He has no upcoming events listed on the website.

Tanaka garnered just 15 percent of the vote in the primary, a distant second to Long Beach Police Chief Jim McDonnell’s 49 percent of the vote.

“I think his best strategy is to shut down, don’t spend any money, and go on vacation,” said Fernando Guerra, a political scientist who heads the Center for the Study of Los Angeles at Loyola Marymount University and a KPCC board member. “He doesn’t have a snowball’s chance.”


LA TIMES ENDORSES REAPPOINTMENT OF LAPD CHIEF CHARLIE BECK

The LA Times editorial board says despite a few missteps, Charlie Beck deserves to be reappointed for another five-year term as Los Angeles Police Chief. (We at WLA agree wholeheartedly with their endorsement.) Here’s a clip:

Just look at the numbers. Crime in the city has decreased for 11 years in a row, beginning under the previous chief, William J. Bratton, and continuing for the last five years under Beck. It’s true that L.A. has benefited from a long-term trend in which cities across the country are becoming safer, but that doesn’t negate the impact that smart policing and good management have had here. In fact, Los Angeles has continued to cut crime even as other cities, such as Chicago, have experienced a resurgence in homicides and gang violence. While overall crime in L.A. was down in the first six months of this year, it should be noted that there was a small increase in violent crime, due partly to a rise in aggravated assaults. If Beck is reappointed, he will be under tremendous pressure to turn that around.

Beck should get extra credit for keeping crime low even though he has had, on average, significantly fewer officers on duty each day than his predecessor did, as a result of budget cuts that forced officers to stay home rather than be paid overtime.

[SNIP]

This is not to say that Beck is above criticism. In recent months, some weaknesses in his management style have become apparent; left unchecked, they could undermine some of the tremendous improvements of the last decade. There is, for instance, a widespread perception in the department that Beck, who has the final say on discipline of officers, has been unfair in meting out punishment — too harsh on some unlucky officers and too easy on favored employees. In one case, Beck overruled a panel’s recommendation that he fire an officer caught lying to investigators — an officer who also happened to be the nephew of a former deputy chief.

Beck also faced some discontent inside and outside the department when he returned eight officers to duty even though they had violated policy by carelessly firing more than 100 rounds at two women delivering newspapers during the Christopher Dorner manhunt last year.

Beck has repeatedly chosen to retrain officers rather than fire them for mistakes on the job, including out-of-policy shootings that killed or injured people. He was challenged publicly on this in 2012 by members of the Police Commission, who said his seemingly lenient punishments could send the wrong message to officers. Two years later, the police officers’ union and a new civilian panel appointed by Mayor Eric Garcetti also expressed concern about uneven discipline. If reappointed, Beck must address lingering perceptions of leniency and favoritism. He should lay out clear standards for discipline so officers know what to expect and so commissioners can hold him accountable if he deviates from his own policy.


ATF DRUG STINGS: 91% ARRESTED ARE MINORITIES, SAYS USA TODAY INVESTIGATION

A whopping 91% of those arrested by the Bureau of Alcohol, Tobacco, Firearms and Explosives during drug sting operations during the last ten years were minorities (55% black, and over 33% hispanic), according to a USA Today investigation we didn’t want you to miss.

ATF officials say there is no racial bias occurring in their drug stings—that they are simply targeting “the worst of the worst.” Academics and criminal justice advocates say otherwise. US District Court Judge – and many others say otherwise.

USA Today’s Brad Heath has this story. Here’s how it opens, but there’s a lot more, so do go read the rest:

The nation’s top gun-enforcement agency overwhelmingly targeted racial and ethnic minorities as it expanded its use of controversial drug sting operations, a USA TODAY investigation shows.

The Bureau of Alcohol, Tobacco, Firearms and Explosives has more than quadrupled its use of those stings during the past decade, quietly making them a central part of its attempts to combat gun crime. The operations are designed to produce long prison sentences for suspects enticed by the promise of pocketing as much as $100,000 for robbing a drug stash house that does not actually exist.

At least 91% of the people agents have locked up using those stings were racial or ethnic minorities, USA TODAY found after reviewing court files and prison records from across the United States. Nearly all were either black or Hispanic. That rate is far higher than among people arrested for big-city violent crimes, or for other federal robbery, drug and gun offenses.

The ATF operations raise particular concerns because they seek to enlist suspected criminals in new crimes rather than merely solving old ones, giving agents and their underworld informants unusually wide latitude to select who will be targeted. In some cases, informants said they identified targets for the stings after simply meeting them on the street.

“There’s something very wrong going on here,” said University of Chicago law professor Alison Siegler, part of a team of lawyers challenging the ATF’s tactics in an Illinois federal court. “The government is creating these crimes and then choosing who it’s going to target.”

Current and former ATF officials insist that race plays no part in the operations. Instead, they said, agents seek to identify people already committing violent robberies in crime-ridden areas, usually focusing on those who have amassed long and violent rap sheets.

“There is no profiling going on here,” said Melvin King, ATF’s deputy assistant director for field operations, who has supervised some of the investigations. “We’re targeting the worst of the worst, and we’re looking for violent criminals that are using firearms in furtherance of other illegal activities.”

The ATF’s stash-house investigations already face a legal backlash. Two federal judges in California ruled this year that agents violated the Constitution by setting people up for “fictitious crime” they wouldn’t otherwise commit; a federal appeals court in Chicago is weighing whether an operation there amounted to entrapment. Even some of the judges who have signed off on the operations have expressed misgivings about them.

On top of that, defense lawyers in three states have charged that ATF is profiling minority suspects. They asked judges to force the Justice Department to turn over records they hope will prove those claims. Last year, the chief federal judge in Chicago, U.S. District Court Judge Ruben Castillo, agreed and ordered government lawyers to produce a trove of information, saying there was a “strong showing of potential bias.”

Justice Department lawyers fought to block the disclosures. In one case in Chicago, the department refused to comply with another judge’s order that it produce information about the stings. The records it has so far produced in other cases remain sealed.

Because of that secrecy, the data compiled by USA TODAY offer the broadest evidence yet that ATF’s operations have overwhelmingly had minority suspects in their cross hairs. The newspaper identified a sample of 635 defendants arrested in stash-house stings during the past decade, and found 579, or 91%, were minorities.

Posted in Inspector General, Jim McDonnell, LA County Board of Supervisors, LASD, Paul Tanaka, race, The Feds, War on Drugs | 13 Comments »

PBS Documentary on Juvenile Life Without Parole…NY Times Supports Marijuana Legalization….Paul Tanaka’s Retirement Take-home Pay….and More

July 28th, 2014 by Taylor Walker

PBS’ “POINT OF VIEW” LOOKS AT LOCKING KIDS UP FOR LIFE WITHOUT A CHANCE OF PAROLE

Next Monday, August 4, PBS will air “15 to Life,” the story of Kenneth Young, who received four consecutive life sentences for committing several armed robberies as a teenager. Kenneth thought he would never make it out of prison alive, until the US Supreme Court ruled in Graham v. Florida that kids could not be sentenced to life in prison without the possibility of parole for non-homicide crimes.


NY TIMES EDITORIAL BOARD CALLS FOR END TO FEDERAL BAN ON MARIJUANA

On Sunday, the NY Times editorial board officially came out in support of repealing the federal marijuana ban, which is something of a big deal. The editorial was also the starting point for a six-part opinion series on legalizing marijuana. (In part one, NYT’s David Firestone argues in favor of the feds stepping back and letting states decide.)

Here’s a clip from the editorial board’s significant endorsement:

The federal government should repeal the ban on marijuana.

We reached that conclusion after a great deal of discussion among the members of The Times’s Editorial Board, inspired by a rapidly growing movement among the states to reform marijuana laws.

There are no perfect answers to people’s legitimate concerns about marijuana use. But neither are there such answers about tobacco or alcohol, and we believe that on every level — health effects, the impact on society and law-and-order issues — the balance falls squarely on the side of national legalization. That will put decisions on whether to allow recreational or medicinal production and use where it belongs — at the state level.

We considered whether it would be best for Washington to hold back while the states continued experimenting with legalizing medicinal uses of marijuana, reducing penalties, or even simply legalizing all use. Nearly three-quarters of the states have done one of these.

But that would leave their citizens vulnerable to the whims of whoever happens to be in the White House and chooses to enforce or not enforce the federal law.

The social costs of the marijuana laws are vast. There were 658,000 arrests for marijuana possession in 2012, according to F.B.I. figures, compared with 256,000 for cocaine, heroin and their derivatives. Even worse, the result is racist, falling disproportionately on young black men, ruining their lives and creating new generations of career criminals.


PAUL TANAKA’S 2013 FINAL PAY WAS NEARLY $600,000

Between seven months of salary pay and 339 days of unused paid leave accrued over his 31-year career, former undersheriff Paul Tanaka took home $591,000 as final pay in 2013. This number was only surpassed by one county employee, the chief neurosurgeon at the biggest county-run hospital.

The LA Daily News’ Mike Reicher has the story. Here’s a clip:

Including his seven months of wages and benefits, the county paid $591,000 for Tanaka in 2013, according to payroll records provided to the Bay Area News Group, part of the Daily News’ parent company. This made him the second-highest compensated employee, next to the chief neurosurgeon at the largest county-administered hospital.

A certified public accountant (whose license is inactive), Tanaka did not violate any rules, county officials said.

Nor did he “spike” his pension. None of the 339 days leave he cashed out applied toward his retirement income, officials say. The county code limits that widely criticized practice of boosting one’s final salary.

Six-figure payouts aren’t rare at the Sheriff’s Department, though Tanaka topped the 2013 list. There were 500 other sheriff’s employees — more than at all other county departments combined — who received one-time payments in excess of $100,000, according to the 2013 data. For some county employees, those checks may have included bonuses or other taxable cash payments in addition to leave time.

Tanaka, who did not respond to requests for comment, was pushed out of the department by Sheriff Lee Baca following a series of scandals. Federal authorities are investigating whether high-level sheriff’s officials were involved in witness tampering. During recent testimony, Tanaka told a prosecutor he was aware he’s a subject of the probe, and denied any wrongdoing. He is facing Long Beach Police Chief Jim McDonnell in the November run-off election.

An employee with McDonnell’s standing would be eligible to cash out a maximum of 60 days vacation and holiday time upon retirement, Long Beach administrators said. Also, when he left the Los Angeles Police Department in 2010, after 28 years, McDonnell cashed out his unused sick time, vacation and overtime hours for $90,825, according to the City Controller’s office.

Some argue that such payouts unnecessarily strain local government finances.

“They earned the benefits, and they’re entitled to it, but there’s no reason the benefits should be inflated to the top rate,” said Kris Vosburgh, executive director of the Howard Jarvis Taxpayers Association. “They should be paid based on the value of the benefit they earned, at the time they earned it.”

While we’re on the subject of LASD retirement packages, a number of the department’s scandal-plagued supervisors have been able to retire ahead of being demoted or terminated.

This, for example, is what we wrote a year and a half ago about Dan Cruz and Bernice Abram’s sudden retirements—and their estimated yearly retirement pay.


BREAKING FREE OF THE “INCARCERATION ONLY” APPROACH

In an op-ed for the Huffington Post, Timothy P. Silard, president of the Rosenberg Foundation, says our warped criminal justice system should be remodeled into a system that bosts public safety while turning lives around. In his essay (inspired by Shaka Senghor’s powerful TED talk, above), Silard says we must keep pushing for sentencing reform—reducing the number of low-level drug offenders and mentally ill in prison—and reinvest money saved through lowering incarceration rates back into programs that rehabilitate and help former offenders successfully return to their communities. Here’s how it opens:

I got a first-hand look at how our criminal justice system could be used to transform lives — not just punish — while serving as a prosecutor in the San Francisco District Attorney’s Office.

In one case, an 18-year-old young woman was arrested for selling drugs on a San Francisco street corner. She normally would have ended up behind bars for a felony conviction that would have followed her for the rest of her life. Instead, she pled guilty, accepted responsibility and entered an innovative re-entry program for nonviolent, first-time drug offenders. During the program, she was closely supervised and provided the resources and support she needed to turn her life around. Among the requirements: enrolling in school, performing community service and getting a full-time job. She thrived in the program. After graduating, she received a full scholarship to attend a university and finished her first semester with a 3.8 GPA.

The program, called Back on Track, was one of the first re-entry programs in a District Attorney’s Office. It would go on to become a national model, reducing re-offense rates from 53 percent to less than 10 percent while saving tax dollars — the program cost about $5,000 per person, compared to more than $50,000 to spend a year county jail. Perhaps even more importantly, it helped save lives and strengthen families and communities. The power of second chances was never more evident than at the yearly Back on Track graduation ceremonies. There, smartly dressed mothers, fathers, siblings, children and community members celebrated the young graduates as they prepared to embark on much more hopeful futures.

For far too long, our criminal justice system has been stuck using one gear – the incarceration gear. We lock up too many people for far too long, for no good reason, and we’re doing so at great economic, human and moral cost. As a prosecutor, I saw the same offenders arrested, prosecuted and locked up, only to come back time and time again. I saw low-level, nonviolent offenders return from prison and jails more hardened and posing a greater threat to our communities than when they went in. And I saw African Americans and Latinos arrested and jailed at egregiously greater rates than whites.

Posted in LWOP Kids, Marijuana laws, Paul Tanaka, prison, Reentry, Rehabilitation, Sentencing | 15 Comments »

Why the FBI Kept the LA Jail Abuse Investigation a Secret from Baca and other Top Brass…and More

July 24th, 2014 by Taylor Walker

FBI DOCUMENTS EXPLAIN WHY BUREAU KEPT SHERIFF’S OFFICIALS IN THE DARK ABOUT JAIL INVESTIGATION

The FBI chose not to tell former LA Sheriff Lee Baca and other top department officials of the bureau’s recent investigation into alleged misconduct in county jails to keep the department from obstructing the probe, according to a packet of FBI documents and emails obtained by the LA Times.

The LA Times’ Cindy Chang and Jack Leonard have more on the matter. Here are some clips:

In explaining the need for secrecy, federal agents wrote that the Sheriff’s Department had interfered with previous FBI investigations. The agents described instances in which sheriff’s officials allegedly retaliated against an informant, denied agents access to a key source in jail and prevented a federal task force from gaining access to “jail communications.”

The FBI documents allege that former Undersheriff Paul Tanaka thwarted an investigation into suspected contraband smuggling by a deputy at Pitchess Detention Facility.

According to one memo, sheriff’s officials prevented FBI agents from interviewing an inmate who had been cooperating.

“LASD, specifically Tanaka, made it difficult for the FBI to pursue an effective investigation and the case was eventually closed,” the memo said.

There are other justifications for the secrecy, according to the FBI documents. For instance, Baca’s nephew, Justin Bravo, a deputy with a questionable past who worked in the jails, was suspected by the FBI of “egregious” inmate abuse:

Jail inmates told the FBI that the nephew, Justin Bravo, was the leader of a group of deputies who carried out unprovoked assaults, according to one FBI record.

Bravo was hired by the Sheriff’s Department despite his alleged involvement in a fight with San Diego police and arrests on suspicion of drunk driving and burglary, The Times reported last year. In 2001 in North Carolina, Bravo pleaded guilty to a misdemeanor involving a car break-in.

More recently, Bravo was put on paid leave in connection with a criminal probe by the Sheriff’s Department into whether he had abused an inmate. He was disciplined and is back on the job, according to a department spokeswoman. She declined to elaborate, citing confidentiality laws.

Richard A. Shinee, Bravo’s attorney, said the description of his client as an “egregious inmate beater” was based on unreliable second- and third-hand accounts.

The documents also pointed to a long-rumored “pay to play” culture within the department, including allegations that Baca handed out concealed weapons permits to campaign supporters, that LASD members pressured tow truck companies for donations in exchange for contracts with the department, and that Tanaka specifically tried to steer garbage removal contracts as a Gardena city councilman:

According to an FBI case summary, sheriff’s captains were ordered to collect $10,000 per station from tow truck companies that had contracts with the stations. The donations went either to Measure A, which would have raised the county sales tax to pay for more law enforcement officers, or to a campaign fund backing Tanaka’s successful run for Gardena mayor, the FBI contended in the documents.

An unnamed towing company official told investigators “it was known in the towing industry that if you wanted a contract with LASD you had to donate money to local politics,” according to the case summary.

Also according to the summary, Waldie terminated a towing company’s contract after the owner spoke to the FBI about the alleged pressure to donate.

Waldie, who retired in 2011, called the allegation “absolutely preposterous.”

In an interview with KPCC’s Frank Stoltze back in May, former sheriff candidate Todd Rogers said as a captain he was leaned on by a superior officer who wanted him to award an exclusive contract to a towing company that had supported Sheriff Baca. Here’s a small clip from the interview:

Rogers says the superior officer, whom he declines to name, noted that captains hold the authority to choose which companies receive lucrative Sheriff’s Department towing contracts in their jurisdictions. He wanted Rogers to “strongly consider” giving an exclusive contract to a company the assistant sheriff described as “very supportive of the department and the sheriff.”

“I didn’t want the one tow company,” Rogers said. “I told him no.”

We took a quick look at Tanaka’s sheriff campaign donation lists. The most recent contribution report (mid-May) available to the public includes a few towing company donations.

And while there may be more, we found entries on pages 6, 7, 9, 11, 12, and 17 of this March 2014 donation report.

Here’s another donation from April of this year.

And if you skim through this 2013 list, you’ll find another towing company donation, and other interesting contributions.

There’s a lot more, so be sure to read the entire Times story. All this information from the FBI cannot help but raise one obvious question: what—if anything—does it suggest about possible future indictments?


FEDERAL JUDGE GIVES LAWSUIT AGAINST CALIFORNIA PRISONS’ RACIAL LOCKDOWN TACTICS CLASS ACTION STATUS

U.S. District Judge Troy Nunley granted class action status to an inmate’s lawsuit challenging a California prison policy of putting prisoners on lockdown by race after a fight breaks out involving even one member of a racial group. For instance, when individual Hispanic inmates fight, all inmates labeled by the CDCR as Hispanic can be locked down and deprived of things like yard and recreation priveleges, phone calls, and family visits.

The Associated Press has more on the ruling. Here’s a clip:

The lawsuit was originally filed in 2008 by one inmate, Robert Mitchell, after he and all other black inmates at High Desert State Prison in Susanville were locked in their cells following a fight. The legal challenge will now apply to all male inmates.

Gangs in California prisons typically are based on race, and fights often involve members of one race against one another. State law says the department can target specific racial and ethnic groups only when necessary to prevent further violence, and the response must be “narrowly tailored.”

The U.S. Justice Department last year intervened in the case, saying the practice violates the equal-protection guarantee of the 14th Amendment. Attorneys say no other state has a similar policy.


PROSECUTORS READING DEFENDENTS’ PRISON EMAILS WITH THEIR LAWYERS

The NY Times’ Stephanie Clifford has a story highlighting the emerging problem of federal prosecutors reading emails between federal prisoners and their lawyers, and using the correspondence to their advantage. Defense lawyers argue that the emails are the only efficient means of communication with the clients to whom they are trying to provide adequate representation, and should remain under the protection of attorney-client privilege.

Here are some clips:

The extortion case against Thomas DiFiore, a reputed boss in the Bonanno crime family, encompassed thousands of pages of evidence, including surveillance photographs, cellphone and property records, and hundreds of hours of audio recordings.

But even as Mr. DiFiore sat in a jail cell, sending nearly daily emails to his lawyers on his case and his deteriorating health, federal prosecutors in Brooklyn sought to add another layer of evidence: those very emails. The prosecutors informed Mr. DiFiore last month that they would be reading the emails sent to his lawyers from jail, potentially using his own words against him.

Jailhouse conversations have been many a defendant’s downfall through incriminating words spoken to inmates or visitors, or in phone calls to friends or relatives. Inmates’ calls to or from lawyers, however, are generally exempt from such monitoring. But across the country, federal prosecutors have begun reading prisoners’ emails to lawyers — a practice wholly embraced in Brooklyn, where prosecutors have said they intend to read such emails in almost every case.

The issue has spurred court battles over whether inmates have a right to confidential email communications with their lawyers — a question on which federal judges have been divided.

[SNIP]

All defendants using the federal prison email system, Trulincs, have to read and accept a notice that communications are monitored, prosecutors in Brooklyn pointed out. Prosecutors once had a “filter team” to set aside defendants’ emails to and from lawyers, but budget cuts no longer allow for that, they said.

While prosecutors say there are other ways for defense lawyers to communicate with clients, defense lawyers say those are absurdly inefficient.

A scheduled visit to see Syed Imran Ahmed, a surgeon accused of Medicare fraud who is being held at the Metropolitan Detention Center in Sunset Park, Brooklyn, took lawyers five hours, according to court documents filed by one of Dr. Ahmed’s lawyers, Morris J. Fodeman. The trip included travel time from Manhattan and waiting for jail personnel to retrieve Dr. Ahmed.

Getting confidential postal mail to inmates takes up to two weeks, Mr. Fodeman wrote. The detention center, like all federal jails, is supposed to allow inmates or lawyers to arrange unmonitored phone calls. But a paralegal spent four days and left eight messages requesting such a call and got nowhere, Mr. Fodeman wrote.

Posted in CDCR, FBI, LA County Jail, LASD, Paul Tanaka, race, Sheriff Lee Baca | 109 Comments »

What the “Shocking” Rise in Racial Disparity Has to Do With the Criminal Justice System….Jackie Lacey’s Evolution…Miami-Dade & Mental Health Diversion….& More

July 17th, 2014 by Celeste Fremon



More than two decades ago, James Smith of the Rand Corporation and Finis Welch of UCLA,
published what was viewed as a seminal paper about the progress made evolution of black-white inequality during the 20th century—-particularly between 1940 and 1980.

With electronic access to census and similar data, Smith and Welch found that, in most important areas—like years of schooling completed and earning power—black men were dramatically closing the gap between themselves and their white counterparts.

Now, a quarter century later, Derek Neal and Armin Rick, two economists from the University of Chicago, have just published their own report, which looks at the economic progress since 1980 when Smith and Welch left off. What they found is this: not only has economic progress halted in significant areas for black men, but in many cases it has gone backward.

The major factor driving their calculations, Neal and Rick concluded, was the “unprecedented” rise in incarceration beginning in the mid-1980′s among American men in general, but disproportionately among black men, who research showed were—and still are—treated differently, statistically speaking, by the U.S. criminal justice system.

They wrote:

Since 1980, prison populations have grown tremendously in the United States. This growth was driven by a move toward more punitive treatment of those arrested in each major crime category. These changes have had a much larger impact on black communities than white because arrest rates have historically been much greater for blacks than whites.

Further, the growth of incarceration rates among black men in recent decades combined with the sharp drop in black employment rates during the Great Recession have left most black men in a position relative to white men that is really no better than the position they occupied only a few years after the Civil Rights Act of 1965.

Neal and Rick’s paper, which you can find here, runs 91 pages and has a lot to offer on this disturbing topic, including graphs and charts, if you want additional details.

For more in a compact form, Christopher Ingraham of the Washington Post has his own quick take on Neal and Rick’s alarming news.


RECALIBRATING JUSTICE: EXAMINING THE NEWEST STATE TRENDS IN REFORMING SENTENCING & CORRECTIONS POLICY

The Vera Institute has just put out an excellent new report outlining the recent legislative changes made last year across the U.S. at a state level that are beginning to turn around the tough-on-crime trend that has had the country in its clutches since the mid-80′s. The report is designed, not just to inform, but to provide direction for states that have yet to fully embrace the practices can produce better outcomes at less cost than incarceration.

Here’s a clip from the report’s summary:

In 2013, 35 states passed at least 85 bills to change some aspect of how their criminal justice systems address sentencing and corrections. In reviewing this legislative activity, the Vera Institute of Justice found that policy changes have focused mainly on the following five areas: reducing prison populations and costs; expanding or strengthening community-based corrections; implementing risk and needs assessments; supporting offender reentry into the community; and making better informed criminal justice policy through data-driven research and analysis. By providing concise summaries of representative legislation in each area, this report aims to be a practical guide for policymakers in other states and the federal government looking to enact similar changes in criminal justice policy.

Read the rest of the summary here.

And go here for the full report.


THE EVOLUTION OF DISTRICT ATTORNEY JACKIE LACEY

We reported Wednesday on Jackie Lacey’s fact-laden, often impassioned and entirely ambivalent presentation Tuesday to the LA County Board of Supervisors regarding the necessity for a real community diversion program for a large percentage of the county’s non-violent mentally ill who are, at present, simply cycling in and out of jail.

Lacey is also a newborn champion of split sentencing for LA prosecutors, and has at least taken initial steps toward affirmative stances on other much needed criminal justice reforms, like pretrial release.

Interestingly, as those who remember Lacey’s positions on similar matters during her campaign for office are aware, it was not always so. Not by a long shot.

With this once and future Jackie in mind, a well-written LA Times editorial takes a look at the evolving views of LA’s first female DA.

We at WLA think the news is heartening. Growth and change are essential for all of us. And we admire those, like Lacey, who have the courage to become more than they were the day, week, month, year before—especially when they have to do it in public.

May it continue.

Here’s a clip from the LAT editorial.

In the closing weeks of the long and contentious 2012 campaign for Los Angeles County district attorney, Jackie Lacey fielded questions at a South L.A. church filled with activists and organizers who were advocating near-revolutionary changes in the criminal justice system. They asked the candidate: What would she do to make sure fewer people go to prison? Didn’t she agree that drug use and possession should be decriminalized? How quickly would she overhaul the bail system to make sure the poor are treated the same as the rich while awaiting trial? Would she ensure that mentally ill offenders get community-based treatment instead of jail? Would she demand so-called split sentences, under which convicted felons spend only part of their terms in jail, the other part on parole-like supervision?

Her opponent hadn’t shown up to the forum, so Lacey had the audience to herself. She could have owned it. With a few platitudes and some vague words of support, she could have had everyone cheering.

Instead, she proceeded to slowly and methodically answer questions as though she were deflating balloons, popping some immediately, letting the air slowly out of others.

Her role, she said, was not to keep people out of prison but to keep people safe. Drugs damage the users, their families and their communities, she said, and the criminal justice system should dissuade young people, especially, from using drugs. Bail is complicated, she said, but gives the accused an incentive to show up for trial.


A LOOK AT WHAT MIAMI-DADE IS DOING RIGHT WITH MENTAL HEALTH DIVERSION

In her story about Lacey’s presentation to the board of supervisors on Tuesday, KPCC’s Rina Palta took a very smart look at the much-invoked diversion strategies that the Florida’s Miami-Dade County has put in place and how they work—since, after all, it is these ideas that Lacey and her team have been studying as they work to figure out what will work for LA.

Here’s a clip:

“It really started not because we’re better than or smarter than anyone else, but because our needs are worse than anyone else,” said Steve Leifman, the associate administrative judge of the Miami-Dade criminal division and chair of Florida’s task force on substance abuse and mental health issues in the courts.

Leifman said that while the national average for serious mental illness in the population is about 3 percent, in his county, it’s 9.1 percent.

Meanwhile, Florida’s public mental health spending ranks near the bottom in the nation. (He estimates public health dollars provide enough care for about 1 percent of the population.)

The county held a summit — similar to the one held by Lacey in L.A. in May — and commissioned a study from the University of Southern Florida to look at its large mentally ill jail population.

Leifman said the results were striking.

“What they found is that there were 90 people — primarily men, primarily diagnosed with schizophrenia — who over a five-year period were arrested almost 2,200 times, spent almost 27,000 days in the Dade County jail. Spent almost 13,000 days at a psychiatric facility or emergency room. And cost taxpayers about $13 million in hard dollars,” he said.

To turn things around, the county has relied largely on federal aid, through Medicare, to fund treatment-based programs for its mentally ill misdemeanants and non-violent felons. It’s also learned to leverage local resources well by collaborating with community partners, Leifman said.

The main programs fall into two categories: pre-arrest and after-arrest.

Now for the details, read the rest of Palta’s story.


MARK RIDLEY-THOMAS AND OTHER BLACK LEADERS ENDORSE JIM MCDONNELL FOR SHERIFF

On Friday morning, Supervisor Mark Ridley-Thomas and more than a dozen notable African American leaders, including Pastor Xavier Thompson, President of the Baptist Ministers Conference, endorsed Jim McDonnell for Los Angeles County Sheriff.

“Chief Jim McDonnell has the integrity and foresight to lead the Sheriff’s Department into a new era of transparency and success,” said Ridley-Thomas. “Throughout his years of public service, he has shown that he is not just tough on crime, but smart on crime, with the insights to recognize the value of investing in prevention and crime reduction strategies that keep our community safe and also help promote more positive outcomes for those at risk of entry into the justice system.”

McDonnell told the crowd at the Southern Missionary Baptist Church in the West Adams District that he was proud to have the support of Ridley-Thomas, whom he said was “deeply committed to transparency and accountability in the Sheriff’s Department and a tremendous advocate for community engagement. I look forward to working together to find ways that we can protect our neighborhoods and help our children and families thrive.”

MRT’s endorsement means that McDonnell is now supported by all five members of the LA County Board of Supervisors.

Former undersheriff Paul Tanaka, McDonnell’s rival in the contest for sheriff, has been conspicuously quiet in past weeks, and was unresponsive to WLA’s request for comment earlier this week on the issue of mental health diversion.



Graphic at top of post from Bureau of Justice Statistics, U.S. Department of Justice

Posted in crime and punishment, criminal justice, District Attorney, Education, Employment, LA County Board of Supervisors, LA County Jail, mental health, Mental Illness, race, race and class, racial justice | 2 Comments »

Mystery Message in the Sky Over LASD Headquarters

July 10th, 2014 by Celeste Fremon


Around 2 PM Wednesday, just at the time when the Sheriff Department’s executive planning committee was scheduled to meet,
A mystery banner was flown behind a small plane repeatedly over Los Angeles sheriffs department headquarters in Monterey Park.

The banner read: EPC: LEADERS DON’T FEED DEPS TO FEDERAL WOLVES

For those unfamiliar with the term, the Executive Planning Committee, or EPC, is exactly that, the inner circle of command staffers who meet on a regular basis with the LASD’s top brass—the sheriff and assistant sheriff—to talk about the running of the department.

Shortly after the banner appeared a crowd of department members and staffers spewed from the building to gaze skyward and snap cell phone photos.

Rumors circulated quickly about who could have hired the banner-flying airplane, which was in the air a bit over an hour.

Some said it was the LA County deputies’ union, ALADS, which was tired of paying the growing legal bills for deputies who were indicted. (It should likely be mentioned here that, the union has declined to pay any part at all of James Sexton’s legal representation. But that’s another subject altogether. In any case, the illogical rumor circulated.)

Others said it was an ominous warning sent by persons unknown urging department members to return to the code of silence and to cease and desist talking to the FBI “wolves” about any kind of wrongdoing committed by those in the LASD.

Still others said the plane was hired by a group of Tanaka supporters, hoping to protect their man from legal action against him by warning people not to testify or cooperate with the feds against him in any way. (Although how this airborne message would be an effective means of delivering such a warning is unclear.)

Our department sources, however, tell us that these rumors are all complete nonsense, that the banner’s appearance was paid for by an unnamed group of deputies who reportedly work within the LA County Jail system. Their point, as we understand it, was caused by anger that those indicted—and in the case of six of the defendants, convicted—-on the obstruction of justice matter were taking the hit for those higher who gave the crucial orders, all of whom still seem to manage to be in possession of a get out of jail card.

Or something like that.

That’s all we know at the moment.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, U.S. Attorney | 48 Comments »

Feds Plan to Retry LA Sheriff’s Deputy James Sexton (But Will There Ever Be Indictments Up the Ladder?)

July 7th, 2014 by Celeste Fremon


On Thursday of last week, two days after a federal jury found six members of the Los Angeles Sheriff’s Department guilty of obstruction of justice,
attorney Thomas O’Brien learned that federal prosecutors are planning to retry O’Brien’s client, Deputy James Sexton.

Sexton, if you’ll remember, was tried in May of this year on the same allegations of obstruction of justice and conspiracy to obstruct justice for which the six were just convicted. But in the case of the 28-year-old deputy, the jury hopelessly deadlocked, 6-6, producing a mistrial.

In many ways Sexton’s case is similar to that of Mickey Manzo and Gerard Smith, the two deputies who were just convicted (along with two sergeants and two lieutenants).

Like Manzo and Smith, Sexton works for Operation Safe Jails (OSJ), the elite unit tasked with, among other things, developing informants among the various prison gang populations inside the county’s jail system.

And, like Manzo and Smith, Sexton was an active part of the team that hid federal informant and inmate, Anthony Brown, from his FBI handlers, albiet, at a far more junior level.


AND YET THERE ARE DIFFERENCES

Despite the similarities, Sexton’s case also is significantly different from the case arrayed against Manzo and Smith in several ways. For instance, unlike the recently convicted deputies, Sexton originated no relevant emails, he never interrogated federal informant Anthony Brown, he was not present at high-level meetings, like the meeting on August 20, 2011, called by Sheriff Lee Baca, with former undersheriff Paul Tanaka and other command staff in attendance, where Smith and Manzo were also present, and crucial discussions occurred. Unlike Smith or Manzo, his name is never listed in pertinent emails as being someone in a position of authority.

Perhaps most importantly, unlike Smith and Manzo, Sexton cooperated with the FBI for more than a year, reportedly submitting willingly to 37 different interviews with the feds, many of the interviews with FBI special agent Leah Marx.

The deputy talked with Marx and company so much, in fact, that, according to agent Marx’s testimony, in order to make communication with the feds easier and safer for Sexton, she and her team gave him a cell phone that he could use solely for his calls to them. (The FBI reportedly grew concerned after it learned of what it believed were genuine threats against Sexton and his OSJ partner, Mike Rathbun, by department members, due to the two deputies’ whistleblower actions on another unrelated LASD case.)

In addition to providing information and documents to the feds, Sexton also testified twice in front of a grand jury, and did so without any apparent effort at self-protection.

In short, Sexton fully admitted his part in the operation that came to be known as Operation Pandora’s Box—obligingly describing the hiding of Brown in colorful detail. Sexton also characterized the hiding of Brown as being part of an “adversarial” attitude in which “the adversary was the U.S. government”—aka the FBI and the U.S. Attorney’s office.

“It was ‘bring out the smoke and mirrors’” he said.

The center of the prosecution’s case at the last trial was this grand jury testimony along with similar statements Sexton made to special agent Marx.

After the last trial resulted in a hung jury, juror Marvin Padilla said that it was Sexton’s grand jury testimony that got him and some of his fellow jurors to vote for acquittal.

“I just did not find it credible,” said Padilla. “I think these are conclusions he reached in hindsight a year later,” not when the actions were actually occurring. “Nearly all of Sexton’s narrative at the grand jury seemed like 20-20 hindsight.”


CRIMINAL CONDUCT & A TOXIC CULTURE

After the verdict came in last Tuesday, U.S. Attorney Andre Birotte held a short press conference on the court’s steps in which he talked about a “criminal conduct and a toxic culture” at the Los Angeles Sheriff’s Department.

“While an overwhelming majority of law enforcement officials serve with honor and dignity,” said Birotte, these defendants tarnished the badge by acting as if they were above the law.”

Monday at around 3 pm, James Sexton and his attorneys will meet with government’s prosecution team before Judge Percy Anderson to discuss whether or not the government will indeed refile charges on the deputy in the hope of convincing a jury that, Sexton, like the other six, acted as if he was “above the law.”

If so, a new trial could take place as quickly as this September.


LOOKING DOWN & LOOKING UP

Meanwhile, Miriam Aroni Krinsky, a former Assistant United States Attorney and the executive director for the Citizens’ Commission on Jail Violence, explained why the government has likely decided to have another go at Sexton, and what to expect at a second trial.

“It is not surprising that the government would elect to retry Deputy Sexton given the decisive conviction of the other six defendants on all counts,” said Krinsky.

“The government may well believe that equities support a retrial and that a new jury should have the opportunity to determine whether Mr. Sexton should also be held accountable for his alleged participation in this conspiracy.”

Krinsky noted, however, that any retrial of Sexton will be “challenging” in the light of what she described as the deputy’s “limited role in the conspiracy and his immediate and prolonged cooperation with the government.” It was these factors, she said, “that undoubtedly resulted in jury nullification that accounted for the first jury’s inability to reach a verdict.”

The next time around, Krinsky said, “we can expect the government to present more robust evidence at any retrial (just as they did at the trial of the other six defendants) regarding the backdrop of excessive force in the jails and the systemic failures at LASD” that “…didn’t simply justify, but in fact compelled, the FBI to engage in an undercover operation that involved the unorthodox smuggling of a cellphone to an inmate.”

Of course, the mention of “systemic failures” and “a toxic culture” at the LASD cannot help but raise the question that must loom as a backdrop to any discussion of refiling on Sexton, namely whether or not the government intends to move up (instead of merely down) the ladder of command to file on those who actually gave the orders, and set the cultural tone that has, thus far, resulted in seven federal indictments for obstruction of justice, and six felony convictions.

More as we know it.

Posted in FBI, jail, LA County Jail, LASD, Paul Tanaka, Sheriff Lee Baca, The Feds, U.S. Attorney | 27 Comments »

« Previous Entries